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HomeMy WebLinkAboutOrdinance No. 369 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED IN EXHIBIT ~A" 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. WII~-RF-AS, 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 publicatioa 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 opiniou 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 ~A,~ attached hereto and made a part hereof for all purposes, to 'PD' 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 granting of this change of 'zoning, subject to the following special eondition~ 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 "MF-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 less than two hundred fifty (250) feet from Springcreek Parkway, Piano Parkway, and the projected east- west six-lane divided major thoroughfare planned for the property. B. That all lakes, fIoed plain areas, power 1/ne easements and common areas of the property designated for "MF-2~ uses shall be included for purposes of density computations in determining the maximum permitted density of twenty-four (24) dwelling units~per acre. C. Prior to .the issuance of any bnilding 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 ~BP~ 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 this ordinance and in the exhibits attached hereto and made a part hereof fo~ all purposes, relative to the development of this Planned Development District, shall be complied with before a Certificate of Occupancy is issued for the use of the portion of land being developed or any structure which is a part of this Planned Development District, and such conditions and restrictions shah not be construed as conditions precedent to the approval of the zoning granted herein, but shall be construed as conditions precedent to the granting 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 all other ordinances of the City of The Colony not in conflict 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 invalid or unconstitutional by a court of competence jurisdiction, such holding or determination shah 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 provisions 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, shall 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 publication of the caption as the law and charter in such cases provide. · · PASSED by the City Council of the City of The Colony, Texas, on the / /~)~day of ~~, 1985. APPROVED: A~TTEST: APPROVED AS TO FORM: CITY ATTORNEY EX~E]3IT BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 387, David Andrews Survey, Abstract No. 18 and the Thomas A. West Survey, Abstract '. No. 13qq in Denton County, Texas and being more particularly described as follows: COMMENCING a point in the North right-of-way line of F.M. Highway $z;4 (80 foot right-of-way), said point also being in the most westerly line of said Samuel B. Evans Survey;- THENCE N 01055' W, along the above said westerly llne of Samuel B. Evans Sur~ey for a distance of,. 1364.0 feet to a point; THENCE N 78'45' E, leaving said survey line for a distance ot; 1S7.0 feet to a point; THENCE N 60°51. E, for a distance of 72.0 feet to a point; THENCE N 72048' E, for a distance of 390.0 feet to the POINT OF BEG.INNING; THENCE N 01'25' W, for a dista'nce of 220.0 feet to a point; THENCE N 22017. E, for a distance of 95.0 feet to a point; THENCE N 28*25' 6, for a distance of 74.0 feet to a point; THENCE N 60'~I0' E, for a distance fo 54.0 feet to a point; THENCE N 76019' E, for'a distance of 149.0 feet to a point, said point being in the west line of the Samuel B. Evans Survey; THENCE N 00*20' W, along the west line of said survey line a distance of 3883.0 feet to a point, said point also being the Northwesterly corner of the Samuel B. Evans Survey; THENCE N 89001. E, along the North line of said survey a distance of 475.0 feet to a point; THENCE N 89018. E, continuing along north survey line of the Samuel B. Evans, Survey and the David Andrews Survey for a distance of 2165.0 feet to a point; ' THENCE N 00'31' W, for a distance of 1650.0 feet to a point; THENCE S 89045' W, for a distance of 1639.0 feet to a point; THENCE N 00002. W, for a distance of 1688.0 feet to a point, said point also being in the South line of The Colony city limit; THENCE East along said South line of The Colony city limit for a distance of ~;296.0 feet to a point also being the West line of The Colony city limit; THENCE S 00053' E, along the West line of said city limit lin~'for a distance of 1669.0 feet to a point; THENCE S 06'40' W, for a distance of 1646.0 feet to a point; THENCE N 89°i;9' E, for a distance of 35.00 feet to a point; THENCE S 07005' W, for a distance of 1700.0 feet to a point; E N 890q9' W-, for a distance of 2100.0 feet to a point, said point / "-','~'/. also,_b.eing the centerline of a future thoroughfare running North and South; THENCE in a southwesterly direction along the centedineof said future thoroughfare 'along a cu~-ve to the left a distance of 1050.0 feet to a point, said point also being the centerline of a future thoroughfare; THENCE in a southwesterly direction along the centerline of said future thoroughfare along'a curve to the left and reverse curve to the right a distance of 2840.0 feet to the POINT OF BEGINN~'NG and CONTAINING 59L~ acres of land more or less.