HomeMy WebLinkAboutOrdinance No. 391 ORDINAH~E
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO
CHANGE THE PROPERTY DESCRIBED IN EXHIBIT hA" TO "PD" PLANNED
DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING FOR AMENDMENT OF THE ZONING. DISTRICT MAP; .PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
.WHEREAS, the Planning and Zoning Commission of the City of The Colony, and
the City Council of the City of The Colony, in compliance with the laws o.f 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 hea{'ings and afforded a full and fair hearing to all property owners generally
and to persons interested and situated in the affected area 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 property described in Exhibit nA,n attached hereto and
made a part hereof for all purposes, to "PDn Planned Development District Classification.
SECTION 2.
That the property described in Exhibit "A~ shall be used only in the manner and
for the purposes provided by the Comprehensive Zoning Ordinance of the City of The;
Colony, as amended herein by the grs' ';ng of this change of'zoning, subject to the
following special conditions:
A. No land shall be used and no building shall be erected or converted for
any use other than 'BP~ Business Park District Classification uses and
nMF-2~ Multiple Family Dwelling District Classification uses with a maximum
density permitted of twenty-four (24) dwelling units per acre, provided
that "MF-2" uses shall be set back not tess than two hundred fifty (250)
feet from Springereek Parkway, Piano Parkway, and the projected east-
west six-lane divided major thoroughfare planned for the property.
B. That all lakes, flood plain areas, power line easements and common areas
of the property designated for "MF-2n uses shall be included for purposes
of density computations in determining the maximum permitted density o£
twenty-fora- (24) dwelling units~per acre.
C. Prior to .the issuance of any building permit for the development of any
portion of the property described herein, the Development Plan required
by Section 10-664 of the Comprehensive Zoning Ordinance of the City of
The Colony, Ordinance No. 61, as amended, shall be submitted and approved
by the City Council and made an exhibit to and a part of this ordinance
and incorporated by reference herein for all purposes.
D. Unless otherwise set out specifically on the Development Plan required
hereby, the regulations set out in Sections 10, 11, 12, 13, 14, 15, and 18
shall apply, as appropriate, to the areas of the property designated for
nBP" Business Park District Classification uses or "MF-2" Multiple Family
Dwelling District Classification uses.
E. The Development Plan required hereby shall include the major thoroughfares
shown on the Thoroughfare Plan attached hereto as Exhibit ~B" and made
a part hereof for all purposes. The exact location of such major
thoroughfares has not been determined, but will be determined and located
exactly on the Development Plan. The developer will be responsible for
the construction of the major thoroughfares shown on Exhibit "B" in
accordance with the Development Plan and in accordance with the standards
·
and conditions of the City of The Colony as they exist at the time of-
development.
SECTION 3.
That all conditions and restrictions imposed in tiffs ordinance and in the exhibits
attached hereto and made a part hereof fo~ ail purposes, relative to the development
of tiffs Planned Development District, shah be complied with before a Certificate of
· O~eupanev i~.. issued for the use of t?~e ·portion 3f '~r,d being,,= developed 3r ~rv. s'L, .... ~.,,'..'re
which is a part of this Planned Development District, and such conditions and restrictions
shall not be construed as conditions precedent to the approval of the zoning granted
herein, but shall be construed as conditions precedent to the grantin[ of the Certificate
of Occupancy.
SECTION 4.
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 ail other ordinances of the
City of The Colony not in confIict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 5.
Should any of the, sections., paragraphs, sentences, clauses, or phrases of this
ordinance be held or determined to be invaIid or unconstitutional by a court of competence
jurisdiction, such holding or determination shall not affect the remaining portions of
this ordinance which are declared to be severable.
SECTION 6.
That any person, firm or corporation violating any of the [~rovisions or terms of
this ordinance or o{ the Comprehensive 'Zoning Ordinance as amended hereby, or of the
exhibits approved and attached as part of this ordinance, shal! be deemed guilty of a
misdemeanor and, upon conviction in the Municipal. Court of the City of The Colony,
Texas, shall be subject to a fine not to exceed the sum of One Thousand Dollars
($1,000.00) for each offense, and each and every day any such offense shall continue
shall be deemed to constitute a separate offense.
SECTION ?.
This ordinance shall take effect immediately from and after its passage and the
pubIication of the caption as the law and charter in such cases provide.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
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~tract~, ~
~;Oeni~6n~t,Coi n tY;J'De
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.~h i q hw ay'.~ r.~i g h {:~o'f'..~ w, y·'
~f~W'aV and a)On'Q':,~td curve to the ,rl'qht
sec,a'nd~'a radius of l) 3/9')6 ft. tor an arc distance
CO'~re'te right of'w~v ~-~- ~'--';,:V'".~;~F"~?
.~l~l ~ .~, ~ + ' ' ~. '"~'~' · mul,r~ W~ 1 ~ ~ '. a': .-~"
con'Cr~t · t ~ .. .
..... y marker.
;on'crete rlnht of ...............
,way alon~ the arc of,
' '.' "r.';.' ' '
remnants of an established fence .
,rs~,:No~t .Fort ~i'n':'f} fKom which a 6" bols d arc corner pust
.'.genera ~n established fence line 334.RB ft.
~.to a ~" iron, he':?We~'.line of a 170.4553' acre tract described in Volume 967
e"364 of~ nty;.Deed~Records from which a 6" bols U arc corner post. bears South
27; deg. 12.m~n
t
ul '~'O:::¥e~"E'a~t, with the West line of the said tract generally along
.an:.establis) '~'.dtsita'r~ce of 155.32 ft. to a 3/4" iron pin found in the center
line'of a pUhl"., .Which a 3/4" iron pin found hears North ll~ deg 43 mia 55 sec East,
6,31 ft. ' ,..
"HENcE'i'S'~"UFi sec:"East, along center.line of said
Ii' orii'.i.qenerally along an established fence line and along the East.
jline o~' a 22; 66ve'l::.r'O'~J(claimed hy Jim Wliite as his East property lin'e) a~ follows:
~:;~i:.SOU'TH O0, e'g 71'329;49 ft, to a naii by a hois d arc post.
i!! !SOUTH'O0 deg East; 42(1.i~1 ft. to a nail beside a bols d arc post.
'SOUTH OO'deg s'ec~East; 289.)7 ft. to a point.
ILlin 'Vole)me 1 ~"6~'",'We~t, with the North ltn~ of a 227.71 acre tract recorded
..Denton'County Deed Records. qenerallv along an established
I~Deed Record.~.~l 0.'44 ft., said pin'bein.q the Southw:,est corner
?Of'ithe~"ab°~e"'~'I~ 553~'aU~'e?~'~6act desc~'ihed in Volume 967 Page ~64 of Dento'n. County-
~'l',li?.lS'3R'.OR ft. to a 3/R" iron pin found under fence. ' '.
.THENCE Sou~h",i"~ ~s'e ~:~"t"~,'with the North line of said 227.71 acre tract· and
'i,'gen'erally a'16n :e"!'line 51~0.25 ft. to a 3/4" galvanized iron pipe found
beside a corne~ '
with the West lin.. of said ~27.~l acre tract and
general'ly line 14~8 59 ft to. a ~" iron p~n set beside a hois d arc
corner '-'post":.': · ,
~.,:~.iron pin , generally a~ established fence line 1276.11 ft. to
' R '"'t'"~" ' htr,of way line of the St. Louis, San Francisco and Texas
86.]i?'.d~,~;.35.mlii,L,i :...., the left from which the radius point h~ars North
on :wi th ,,,sald right of way alon~ the ar, c of said curve to the
left haveing of~lO'.:d~g-.2fl rain 46 sec-and a ~adius c~'f ~904.97 ft, f. or,~n~
'arc".di stanc ....
.. ~, ro i~ found t the end of said curve
· heainninq coati with said right of way IllqA.73-ft. to the placev~of.:,~..j ....... '(I