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HomeMy WebLinkAboutOrdinance No. 2010-1849 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2010-1849 AN ORDINANCE OF THE CITY COUNCIL 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 NEIGHBORHOOD SERVICES ("NS") TO GENERAL RETAIL ("GR") ON APPROXIMATELY 0.499 ACRES OF PROPERTY GENERALLY LOCATED 615 FEET EAST OF THE INTERSECTION OF SOUTH COLONY BOULEVARD AND PAIGE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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 FOR 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. Z09-0013 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 Neighborhood Services ("NS") to General Retail ("GR") on approximately 0.499 acres of property generally located 615 feet east of the intersection of South Colony Boulevard and Paige Road, and being more particularly described in Exhibit A, which is attached hereto and incorporated herein for all purposes. SECTION 2. That the above property shall be developed and used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as amended. SECTION 3. 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 4. 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 5. That 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 6. 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 7. 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. DULY PASSED by the City Council of the City of The Colony, Texas, this the 22nd day of March, 2010. 00 L J e McCou ,Mayor ATTEST: 7jy,. i tie Wilson, City Secretary APPROVED AS TO FORM: j,'_ r eff Moor ity Attorney 2 ExhibitA Legal Description and/or Depiction A tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 172, in the City of The Colony, Denton County, Texas and being all that certain tract of land described by deed to Miguel Moreno, recorded under Instrument Number 2005-741 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a % inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for the southwest corner of said Moreno tract and the southeast corner of that certain tract of land described by deed to Larry Culverhouse, recorded in Volume 2878, Page 353 of the Real Property records for Denton County, Texas, said point also being the north line of South Colony Boulevard, a public roadway; THENCE North 00 degrees 21 minutes 56 seconds West, with the east line of said Culverhouse tract and passing a % inch rod found at a distance of 200.06 feet for the northeast corner of said Culverhouse tract and continuing a distance of 295.15 feet to a % inch rod found for the northeast corner of Lot 1, Block 1, Eberhart Addition, an addition to the City of The Colony, Denton County, Texas, according to the plat thereof recorded in Cabinet K Page 150 of the Plat Records of Denton County, Texas, and being in the south lot line of Lot 34, Block AA, Legend Crest VII, an addition to the City of The Colony, Denton County, Texas, according to the plat thereof recorded in Cabinet T, Page 168 of the Plat Records of Denton County, Texas, THENCE South 89 degrees 37 minutes 08 seconds East, with the south line of Lot 34, Block AA, a distance of 75.89 feet to a PK Nail found in a fence corner post for the southeast corner thereof, being in the west line of Lot 30 of said Block AA; THENCE South 00 degrees 30 minutes 09 seconds West, with the west line of said Block AA, a distance of 295.16 feet to a i inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for the southeast corner of said Moreno tract and being in the north line of said South Colony Boulevard; THENCE North 89 degrees 35 minutes 29 seconds West, with the north line of said South Colony Boulevard, a distance of 71.41 feet to the POINT OF BEGINNING, and containing 0.499 acres of land, more or less, 3