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HomeMy WebLinkAboutOrdinance No. 493 CITY OF THE COLONY, TEXAS oRDiNANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS CHANGE THE SET BACK REQUIREMENTS ON PROPERTY DESCRIBED HEREIN, AND PRESENTLY ZONED AS INDUSTRIAL "I" DISTRICT, BY AMENDING SECTION 2 (a) AND (c) OF ORDINANCE NO. 80 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ON NOVEMBER 5, 1979; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission of the City of The Colony, Texas, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas, and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, 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 effected areas and in the vicinity thereof, and after such hearings the governing body of the City of The Colony is of the opinion that the zoning change should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Comprehensive Zoning Ordinance of the City of the Colony, Texas, be, and the same is hereby amended by amending the Zoning District Map of the City of the Colony so as to change the setback requirements on the herein described property to one hundred feet. That the full metes and bounds description of said property is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 2. That Section 2(a) and (c) of Ordinance No. 80 passed and approved by the City Council of the City of The Colony, Texas on November 5, 1979 be amended to read as follows: (a) Prior to the issuance of any building permit for any building on the property described herein, the developer or owner or applicant for a building permit shall file with the Building Official of the City a comprehensive landscape plan to provide a one hundred foot setback from the right-of-way line of the highway, street, or public right-of-way adjacent to the property herein, which is immediately adjacent to residentially zoned property in the City. The adequacy of such landscape plan to provide a green belt buffer zone between any proposed construction on the tract described herein and adjacent residentially zoned property shall be approved by the City Council before issuance of any building permit. (c) In no event shall any building or structure be constructed on the property described herein within one hundred feet of any right-of-way of any public street ~ highway along any boundary of the property which is also adjacent to residentially zoned property. Section 3. That all ordinances of the City of The Colony in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared or determined to be unconstitutional, such declaration or holding shall not affect the remaining portions of this ordinance, which are declared to be severable. Section 5. 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, and, upon conviction in the Municipal Court, shall be punishable by fine not to exceed the sum of two hundred dollars ($200.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides. PASSED AND APPROVED this /~day of ~9 ~y . Don~mlck, Mayor ATTEST: ~a~ ~ H~ , City Secretary City Attorney ~rJ.d%~ Sn~, ,~Jtr~ 112, ~= Co~, T~ ~,~ ~ing the ~fin, et ~ ~ l'~a }~e ~f~ Bo~rd, on Dec~ber 10, 1952, ~co~ ~ Vol~ 385, Page ~, D~ R~ of ~id ~n~ty, ~1 ~i~ B.Do5~ 6 C~ ~o S~f~ A~=~ 172; . ~-~c~ ~. 89° ~ ~ E. ~ m ~ ~ ~d ul~ s~ S~.~ 1~ 756.95 pa~i~]~rl7 d~c~ ~ foll~: S~, ~r~ 172; 1711.66 f~C ~ S~C ~:~ ~ n~t 89° 55~ 39~ U. wt~ ~ ~ ~ 765.27 f~[ to 5~ 19-~, re~rd~ in Volu~ 305, a~ b~g ~r~ partio,~nrly off ~ %;~ ~t~f~Y of 801.07 f~r, ~ arc l~gth of 803,6Z fa~t to ~m U~t ~h~f~y of m~d ~ilroad, ~d ~ 1030067 f~t to a 'stol ~21~ that ccr-~aim trmc~ or pare~--I of lm~d lying ~md b~ing sit'~t~ in ~e W~li~ A~ B~dg~ Su~e7, ~t=~t 112, a~ the R~ P~ I~rdiu f~b~r~t 611. D~on ~. T~ ~ b~ng part of the a~ tract de~ '-- ~ishop ~ ~e~ber 26, 1917, rccor~d ~ Vol,=>-~ 159, Page 83, Dn~ ~=~ of said Cc~ and being ~re particularly d~cribed a~ B2G~]~IG a~ a s~el p~n a~ the Soutt~emt ~er of said Bridge~ Su~; ~ No=~ with th~ ~g bounda~ l~e of maid Su~ 1583~33 feet to -. g st~ pin; ~ S~ 89° 55~ 39" E~ wl~h a tnea lin= 26~0~0 feet to a stol pin on 5~ Sou~ with ~m ~ ~ lime of ~id Su~ n~r the ~ lima of ~ No=~Sou~ =~d 247~37~feet to a ste~ pin; ~ S. ~o 17~ 05" W~ ~th a f~ca 6~.42 feet to a fenc~ co.er poor; %~ S. 89° 52' 5~' g. ~ a f~e 614.65 f~at to a fence co.er ~ S. O° 01* 05" W~ w%th m f~xm 650.8~ feet ~ a stol pin ~ an ~ E~t wi~ ~d ~ 510~1 f~ to a at~ pin on the West right--Df-- ' T~ M~ 0° 41~ W~ ~.23 f~t ~ m ~t~ pin ~ ~ E~t~t r~d ot th~ ~ ~t ~ ~i~ ~ad p~s aU 224~36 fee= tho S~the~t ~r of B~d~ S~, ~d c~ng ~th said Su~'~ne 28~36 feet tn ~ to the p~ of b.~n?~-S, coning in ~ I19~874 acr~ of landm~ ..... ' of the l~I!~ A. B~d8~ Su~ Abmtx~t 112, ~u ~ ~t ~nda~ 1~ of thru R. ~.~ ~rd~ '~,~ S~ &9° 5~~ 4~ W~ ~th a f~ ~rt of tho w~ ~ tho South boum~ 1~ of '~.~ ~ Z° 2~' 5~' Wo ~ ~ W~ ~ l~m of ~d Su~ 650~80 f~= to t~ og ne~a~ ~ Vo~e 919, p~e 587 o~ ~ bc~ ~ o~ b~n Co~ T~; T/[~/~: . ~ 666. 7 {e~ ~ ~ ~le~ ~ ~n ~ So~ ~ o~ ~ above · :':':-::. "" 'u' '.:7 ' '--'T: 2-'7"' 7 .-." '7- T '":ZZ 7Z.Z;7'"7 ......... :-:27. Z:_*~ 77'7 ' 7 iCZCTZ 7.~ 7-7--.7.;'TT:77:-7.-_ .-7..L___ Being a tract of land situated in the B.B.B. & C.R.R. Survey, AbstracC No. 173, Denton Co~y, T~, ~ berg part of the S~O~ ~T of the 270.9 acre tract co.eyed co Urby N~lin and J~e~Ce Now~n ~ Jo~ A. Griffin ~d Jennie Griffin, and berg more particularly described a8 follows: BEGI~ING a~ ~he cen~erlt-~ int~rsec~ion of two public roads, s~d inter- s~ion bei~ the no~st co.ar of SECO~ ~; I~NCE S 00' 12~ 14" E along ~e c~=erltne of a public road, 400.00 fee~; ~CE N 89' 44' 13" W, 788.00 feet; T~NCE N 00' I2' 14" W, 400.00 feet =o a poin~ ~ =he cen=erliue of a public road; T~CE S 89' 44' 13" E ~o~ s~d cen=er!~e, 788.00 fee= =o ~e p~ce of b=gi~-~ a~ con=alOng 7.136 acres of land. CONSUl.TIN6 ENGINEERS DALLAS, TEXAS P~O~E 34e-z8~.~ 360, P~e 555, ~ R~ords