HomeMy WebLinkAboutOrdinance No. 497 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~/~Y
AN ORDINANCE AMENDING ORDINANCE NO. 61, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF THE COLONY, TEXAS, AS AMENDED, PASSED AND
APPROVED ON JUNE 4, 1979, THE SAME BEING
APPENDIX A-ZONING OF THE CODE OF ORDINANCES
OF THE CITY OF THE COLONY BY GRANTING A
ZONING CHANGE ON A TRACT OF LAND LOCATED
WITHIN THE CITY OF THE COLONY, TEXAS AiTD
MORE FULLY DESCRIBED HEREIN; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM "I"
INDUSTRIAL AND "A" AGRICULTURAL TO "BP"
BUSINESS PARK; REQUIRING DEVELOPMENT OF THE
TRACT TO BE IN ACCORDANCE WITH ALL RELEVANT
REGULATIONS; CORRECTING THE OFFICIAL ZONING
MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABIL ITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGE AND AMENDMENT
HEREIN MADE; PROVIDING A PENALTY OF NOT LESS
THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE
THOUSAND DOLLARS ( $1 , 000 . 00 ) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a change in classification of a zoning district
has been requested by a person or corporation having a
proprietary interest in the property described in Exhibit "A",
attached hereto and incorporated herein for all purposes, which
property lies within the corporate limits of the City of The
Colony, Texas (the "City"); and
WHEREAS,' the requested change was submitted to the
Planning and Zoning Commission of the City for its
recommendation and report; and
WHEREAS, the Planning and Zoning Commission of the City
and the City Council, in compliance with the laws of the State
of Texas and with the provisions of the Comprehensive Zoning
Ordinance of the City, have given the requisite notices by
publication and otherwise and have held due hearings and
afforded a full and fair hearing to all property owners
generally and to the persons interested and situated in the
affected area and in the vicinity thereof; and
WHEREAS, the City Council does hereby find and determine
that the granting of such change in the classification of the
zoning district is in the best interest of the public health,
safety, morals and general welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That Ordinance No. 61, the Comprehensive
Zoning Ordinance of the City of The Colony, Texas, passed and
approved on June 4, 1979, as originally adopted and amended,
the same being Appendix A-Zoning of the Code of Ordinances of
the City of The Colony, Texas, be and the same is hereby
amended and changed in the following particulars, and that all
· other existing sections, subsections, paragraphs, sentences,
definitions, phrases and words of said Code of Ordinances are
not amended, but remain intact and are hereby ratified,
verified, approved and affirmed:
A. That the allowed use of that tract
of land situated in the B.B.B. & C.R.R.
Company Survey, Abstract Nos. 173,]74 Denton
County, Texas, and the M.D.T. Hallmark
Survey, Abstract No. 570, consisting of
approximately 334.171 acres of land and
being described more accurately by metes and
bounds in Exhibit "A," attached hereto and
incorporated herein for all purposes,
presently zoned under' the "I" Industrial and
"A" Agricultural District classifications,
is hereby changed to "BP" Business Park.
Section 3. The City Manager of the City is hereby
directed to correct the official zoning map of the City to
reflect the change in zoning described herein.
Section 4. That in all other respects the use of the
tract of land above described shall be subject to all
applicable regulations contained in the Comprehensive Zoning
Ordinance of the City and all other applicable ordinances of
the City.
Section 5. That the zoning regulations and districts
as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health,
safety, morals and the general welfare of the community. They
have been designed, with respect to both present conditions and
the conditions reasonably anticipated to exist in the fore-
seeable future, to lessen congestion in the streets; to secure
safety from fire, panic, flood and other dangers; to provide
adequate light and air; to prevent over-crowding of land, to
avoid undue concentration of population; to facilitate the
adequate provisions of transportation, water, sewerage,
drainage and surface water, parks and other public require-
ments, and to make adequate provisions for the normal business,
commercial needs and development of the community. They have
been made with reasonable consideration, among other things, of
the character of the district, and its peculiar suitability for
the particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land
throughout the community.
Section 6. This ordinance shall be cumulative of all
other ordinances of the City of The Colony, Texas, affecting
zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance.
Section 7. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it
would hav9 passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 8. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
One Thousand Dollars ($1,000.00) and a separate offense shall
be deemed committed upon each day during or on which a
violation occurs or continues.
oogsJ/2
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Section 9. The fact that the present ordinances and
re~lations of the City of The Colony, Texas, are inade~ate to
properly safeguard the health, safety, morals, peace and
general welfare of the i~abitants of the City of The Colony,
Texas, creates an emergency for the i~ediate preservation of
the p~lic business, property, health, safety and general
welfare which re~ires that this Ordinance shall become
effective from and after the date of its passage, and it is
accordingly so ordained.
PASSED AND ~PRO~D ~ the City Council of the City of
The Colony, Texas this the ~/~7~day of ~jJJ~,,.~ , 1987.
May6~kJ,~ityofU'Th~ C~ody,
Texas
ATTEST:
~f~ Th~..~ ~1 ony, Texas
APiS~S TO FO~:
City Attorney,
City of The Colony, Texas
FIELD NOTES
Being a tract of land situated in the B.B.B. & C.R.R. Survey,
Abstract No. 173 and Abstract No. 174 and M.D.T. Hallmark Survey
Abstract No. 570, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at the intersection of the south line of State Highway
No. 121 and the west line of the St. Louis & Southwestern
Railroad;
THENCE S. 06' 31' 14" E, 1052.04 feet along said St. Louis &
Southwestern Railroad to a point for corner;
THENCE in a southerly direction with a curve to the right,
said curve having a c~ord bearing of S 00° 02' 44" W, a
central angle of 13" 07' 57" and a radius of 3703.75
for an arc distance of 848.93 feet along said west line
to a point for corner;
THENCE S 06'36' 43" W, 2505.80 feet along said west line to a
point for corner;
THENCE N 83' 13' 38" W, 190.00 feet to a point for corner;
THENCE S 00° 38' 08" E, 970.00 feet to a point for corner;.
THENCE S 89' 21' 52" W, 30.00 feet to a point for corner;
THENCE N 00° 38' 08" W,1370.00 feet to a point for corner;
THENCE N 88° 45' 07" W,3788.42 feet to a point for corner;
THENCE N 89" 49' 39" W, 533.62 feet to a point for corner;
THENCE S 00~ 08' 52" E, 1.27 feet to a point for corner;
THENCE N 89° 53' 14" W,1804.28 feet to a point for corner;
THENCE N 00° 02' 26" E, 283.56 feet to a point for corner;
THENCE N 30" 26' 28" E, 172.04 feet to a point for corner;
THENCE N 58" 47' 38" E, 341.20 feet along the south line of
State Highway no. 121 and a point for corner;
THENCE N 61' 18' 49" E,1485.66 feet along said south line to a
point for corner;
THENCE S 50" 02' 52" E, 154.72 feet along said south line to a
point for corner;
THENCE N 00° 08' 52" W, 31.72 feet along said south line to a
point for corner;
THENCE N 89" 27 29" E, 14.00 feet along said south line to a
point for corner;
THENCE N 30" 38 22" E, 184.12 feet along said south line to a
point for corner;
THENCE N 58' 22 22" E, 584.40 feet along said south line to a
point for corner;
THENCE N 61" 16 22" E,3606.18 feet along said south line to a
point for corner;
THENCE N 65' 33 43" E, 401.12 feet along said south line to a
point for corner;
THENCE N 61" 16 22" E, 667.25 feet along said south line to a
point for corner and the Place of BEginning and
containing 334.171 acres (14,556,494 sq. ft.) of land.
EXHIBIT "A"
GRIFFI
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