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HomeMy WebLinkAboutOrdinance No. 492 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 DISTRICT, BY AMENDING SECTION 2 (a) AND (c) OF ORDINANCE NO. 67 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ON JULY 30, 1979; PROVIDING FOR THE AMENDMENT OF TEE 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. 67 passed and approved by the City Council of the City of The Colony, Texas on July 30, 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 or 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 APPROV O this /7?day of 19 Don ~%ick; May~r~f - ' ~?~tB. 7c ,' City Secretary TO FORM: City Attorney FIELD NOTES Being 4 tracts of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 in Denton County, Texas and being more particularly described as follows: TRACT A BEGINNING at the point of intersection of the east R.O.W. line of Paige Road (100 ft. R.O.W.) with the north line of the B.B.B . & C.R.R. Co. Survey, Abstract No. 173; THENCE S 89° 43' 40" E, along the north line of the said B.B.B. & C.R.R. Co. Survey, a dis- tance of 250 ft.; THENCE S O" 18' E, a distance of 300 ft.; THENCE N 89" 43' 40" W, a distance of 250 ft. to a point in the east R.O.W. line of Paige Road; THENCE N 0° 18' W, along the east R.O.W. line of Paige Road, a distance of 300 ft. to the Point of Beginning and containing 1.7217 acres of land. T~ACT B BEGINNING at a point in the north line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 in the center of a public road that is S 89" 43' 40" E a distance of 250 ft. from the point of intersectinn of the east R.O.W. line of PatEs Road with the north line of the said B.B.B. & C.R.R. Co. Survey; THENCE S 89" 43' 40" E, along the center of a public road and the north line of the B.B.B. & C.R.R. Co. Survey, a distance of 6.91 ft.; THENCE S 89" 44' 13" E, continuing along the center of a public road and the north line of the B.B.B. & C.R.R. Co. Survey, a distance of 599.21 ft.; THENCE S 0° 12' 14" E, a distance of 400 ft.; THENCE S 89" 44' 13" E, a distance of 788 ft. to a point in the center of a public road and the east line of the B.B.B. & C.R.R. Co. Survey; THENCE S 0" 12' 14" E, along the center of a public road and the east line of the said B.B.B. & C.R.R. Co. Survey, a distance of 2679 ft.; THENCE S 61° 18' 49" W, a distance of 1765.47 ft. to a point in the east R.O.W. line of Paige Road; THENCE N 0° 02' 52" W, along the east R.O.W. line of Paige Road, a distance of 641.49 ft.; THENCE in a northerly direction, continuing along the east R.O.W. line of Paige Road, with a curve to the left, said curve having a central angle of 19~ 09' 41" and a radius of 870 ft., a distance of 290.95 ft.; THENCE in a nor£h~rly direction, continuing along the east R.O.W. line of Paige Road, with a curve to the right, said curve having a central angle of 18" 54' 33" and a radius of 770 ft., a distance of 254.12 ft.; THENCE N 0" 18' W, continuing along the east R.O.W. line of Paige Road, a distance of 2457.74 ft THENCE S 89° 43' 40" E, a distance of 250 ft.; THENCE N 0" 18' W, a distance of 300 ft. to the Point of Beginning and containing 122.1451 acres of land. BEGINNING at the point of intersection of the easterly R.O.W. line of Pa/ge Road with the north- west R.O.W. line of Texas State Highway No. 121; ~ THENCE N 28* 44' 16" W, along the easterly R.O.W. line of Paige Road, a distance of 14.34 ft.; THENCE in a northerly direction, continuing along the easterly R.O.W. line of Paige Road, with a curve to the right, said curve having a central angle of 28* 41' 24" and a radius of 666.20 ft., a distance of 333.59 ft.; THENCE N 0* 02' 52'~ W, along the east R.O.W. line of Paige Road, a distance of 220.06 ft.; THENCE N 61° 18' 49" E, a distance of 1765.47 ft. to a point in the center of a public road and the east line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173; THENCE S O' 12' 14" E, along the center of a public road and the east line of the said B.B.B. & C.R.R. Co. Survey, a distance of 466.10 ft. to a point in the northwest R.O.W. line of Texas State Highway No. 121; THENCE along the northwest R.O.W. line of State Highway No. 121 the following: S 89° 47' 46" W, a distance of 15.04 ft. to a Texas Highway Dept. R.O.W. Monument; S 38* 24' 44" W, a distance of 140.99 ft.; S 61° 18' 49" W, a distance of 287.50 ft. to a Texas Highway Dept. R.O.W. Monument; S 48° 10' 46" W, a distance of 308.06 ft. to a Texas Highway Dept. R.O.W. Monument; S 61° 18' 49" W, a distance of 999.56 ft. to the Point of Beginning and containing 20.1727 acres of land. TRACT D BEGINNING at an iron pin in the center of a public road that is the southeast corner of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173; THENCE N 89* 53' 14" W, along the center of an abandoned public road and the south line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, a distance of 1804.28 ft. to an iron pin in the center of an abandoned public road; THENCE N 0° 02' 26" E, along the center of an abandoned public road, a distance of 283.56 ft. to an ir~n pin; THENCE N 30° 26' 28" E, a diatance of 172.04 ft. to a point in the southeast R.O.W. line of Texas State Highway No. 121; THENCE N 58° 47' 38" E, along the southeast R.O.W. line of State Highway No. 121, a distance of 341.20 ft.; THENCE N 61° 18' 49" E, continuing along the southeast R.O.W. line of State Highway No. 121, a distance of 1485.66 ft.; THENCE S 50' 02' 52" E, a distance of 154.72 ft. to an iron pin in the center of a public road and a point in the east line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 173; THENCE S 0° 08' 52" E, along the center of a public road and the east line of the said B.B.B. & C.R.R. Co. Survey, a distance of 1226.01 ft. to the Point of Beginning and containing 36.6635 acres of land. REvlsE{~ BY DATE COMMENT