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Home My WebLink AboutOrdinance No. 2010-1842 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 10-1842 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SHOPPING CENTER (SC) TO SHOPPING CENTER-SPECIFIC USE PERMIT (SC- SUP) TO ALLOW A VETERINARIAN CLINIC/PET GROOMING CENTER WITHIN THE OAKS VILLAGE SHOPPING CENTER LOCATED ON THE WEST SIDE OF MAIN STREET, AT THE NORTHWESTERN INTERSECTION OF NORTH COLONY BOULEVARD AND MAIN STREET, COMMONLY KNOWN AS 6805 MAIN STREET, SUITE 445, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED ON EXHIBIT "B," WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING THE APPROVAL OF A SITE PLAN, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. SUP09-0003 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from Shopping Center (SC) to Shopping Center-Specific Use Permit (SC-SUP) to allow a veterinarian clinic/pet grooming center within the Oaks Village Shopping Center located on the west side of Main Street, at the northwestern intersection of North Colony Boulevard and Main Street, commonly known as 6805 Main Street, Suite 445, and being more particularly described in Exhibit "A" and depicted on Exhibit "B," which are attached hereto and incorporated herein. 1 Zoning Case SUP09-0003 TM 40932.76.121109 SECTION 2. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended and as amended herein, and the following Special Conditions: (A) That the property shall be developed in accordance with approved Site Plan, which is attached hereto and incorporated herein. (B) That all outdoor activities associated with the veterinarian clinic/pet grooming center shall be strictly prohibited. (C) That boarding or keeping of animals at the facility past business hours shall be strictly prohibited. SECTION 3. That the Site Plan, which is attached hereto and incorporated herein as Exhibit "C," be, and the same is, hereby approved. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 2 Zoning Case SUP09-0003 TM 40932.76.121109 DULY PASSED by the City Council of the City of The Colony, Texas, this the 5t1i day of January, 2010. APPROVED: G EM c O RRY, MAYO ATTEST: P s CHRISTIE WILSON, CITY SECRETARY APPROV D S TO F RM: ROBERT E. HAG , CITY ATTORNEY (REH/cdb) 3 Zoning Case SUP09-0003 TM 40932.76.121 109 EXHIBIT "A" Lot 1 Oaks Village Addition 4 Zoning Case SUP09-0003 TM 40932.76.121109 EXHIBIT B j + I I E w T Larner St Witt Dr Z U II Hale Chowning Cir lusta St u_ in ca i N Colony Blvd N Colony Blvd N Colony Blvd C G 2 2 '9r~h ~r City of The Colony N Map Key SITE Public Hearing for SUP09-0003 W E NOTIFICATION AREA S 0 125 250 500 Roads EF- City Limits Feet //'~~J-//~~) Lake Lewisville Disclaimer: The Colony Planning Department OL VNY - does not guarantee the correctness or - accuracy of this data. Any data contained Parcel herewith is subject to change and verification. z;; I t it\' I)v rho' Luke' ~O REPL4T THE COLONY NO. 24 m - B-155 "a 2.074 ACRES e \ wvv \ \ s'I _ TRACT PN_"-,<" CALLED 2.0743 AC. ;J ~ \ sM` \ LOT r>H. n-.<v OAKS YILIAGE7 ADDITION \ d E\ \ \ F-202 ssfif r-" b \•I'\\\ DESCRIPTpNS STATE OF )ERAS srt Ir_9<I 5 - Iv E la n-,moo • \ COI- OF DEMON 1 <,rr r. ,o,r s ,.ae . ~ \ rRncr I .11, In BEING all that tract of land in The CPlv~y, Penton Covnly, )oxen, ..I el the 11 1 AdC L'on o COlenyYDentonTC unty, Taxao as Pe h1.1 Ihre oNeC 1 ~ CeD;ne! Page-202 oY the Plv['Recards a Dentonr County, Texas. 1 1 a \ TRACT 2 xvs. ov LOT] s'~. 1 BEING vlr Not tract al farts In IFV Colony. Conlon County, Tv OASPW7!Pl \ I James L Sparks Survey, A-11)9, and D<rnq vll o/ that tailed ].2Jrty 1 \ aM1oxn on Ne NCS Ovka ACd;f;an !o The Colony, Conlon G cs e 1 F-201 _ nty. Texas o \ / I r Gov rytTeraxdetl In Cvbinvt G. Pnge fOB of fnn Plat Records al Oenlon P \ \ R.EPUT THE COLONY NO. 24 B-155 Is.T7 w. 3.229 ACRES n. TRACT 2 CALLED 3.271 A . ~~r NCS OAKS ADDRI N \^y.. \4 <r G-108 •,\r ?I;• P ~r.a l.P." an p. ea. dev~d•r ey a,r..hro" dPr+"a rn. -11 oe- Mer.~zoao: rner utiHcl hvcf i ~wlrM1rnr NPieo tea rear llPVOdr P F. M. 423 (100' R.0. W.) Far*I or rno a es zlnoss7ra d.r.a AP<rI z. 1997. a!" e. owl. May 29, P2000, 11, II f "or r ~~v'_' ~ R.P.LS. No. 1988 SCrIEOUIC D NL'iC6 ~e Ny6m,r r : io or~EViEiv urv. iNC.. )2o- 1, -,,,e -4--, ,r~ b,o~cet BOUNDARY SURVEY ,.ee r Oaks Witug. Shopping C,ntsr I N-, In - - eormm ;n Is9]-B,> Ana r)99-,v3 oilrc rsP ere<rs!rocl e,,, nrr nn pin lr,h... Th1 Co1onY. Dwnfon County T.. uvnae 1-96 ?JS? G. F, No. 2000 YR 5)7098-14 Jorn~s L. Sporks S-y. A-11 P6 oHevl 23 mars inn.ImnY ~uhje:leslaonCDcg:uce n nor s ar~bW .n [ -on n;~q dplcflvDle Pln Iha:+ , hereon. PREPARED FOR: ]19 V, o Su ec239 )50- 3- 1exos20S/02 ➢ ➢v Pvu 903-592-0038 ~l IIDi Icenw rr ens' AEdis t.x 9]2-980-1822