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HomeMy WebLinkAboutOrdinance No. 382 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 "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. WI{~-RI~A~, 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 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 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 "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 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 "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, flood plain areas, power line 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 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, shah 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 specifieally 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 Distriet 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 attaebed hereto and made a part hereof for 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 shall 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, clanses, or phrases of this ordinance be held or determined to be invalid or unconstitutional by a ceurt 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 provisions or terms of this ordinance or of 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 Thonsand 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 7. 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. DULY PA,~ED by the City Council of the City of The Colony, Texas, on the APPROVED: ATTEST: CIIF~f SECRETARY APPROVED AS TO FORM: CITY ATTORNEY EXiiI~IT **Aw BEING a tract of land situated in the Benjamin Schoonover Survey, Abstract No. 1208 in Denton County, Texas and being more particularly described as follows: BEGINNING at a point' in the North line of said Benjamin Schoonover Survey and the West .right-of-way line of the St. Louis and San Francisco Railroad, said po'int also being in the center of a public road; THENCE N 89°49'.E~ along the center of said public road for a distance of .1297:'0 feet to a point; THENCE S 00°01' W, for a distance of 234.0 feet to a point; THENCE S 00~54' E, for a distance of 1010.0 feet to a point; THENCE S 00°11' W, for a distance of 440.0 feet to a point; THENCE N 89°49' W, for a distance of 1500.0 feet to a point in the West right-of-way line of said railroad; THENCE N 07°05' E, along the West right-of-way of said railroad for a distance of 1700.0 feet to the POINT OF BEGINNING and CONTAINING 54.0 acres of land, SAVE AND EXCEPT a 10 foot wide strip of land to be retained by the City of Hebron, said strip of land lying southerly and westerly of the following: BEGINNING at a point in the North line of said Benjamin Schoonover Survey and the West right-of-way line of the St. Louis and San Francisco Railroad said point also being in the center of a public road; THENCE N 89°49' E, along the center of said public road for a distance of 1297.0 feet to a point; THENCE S 00~0I' W, for a distance of 234.0 feet to a point; THENCE S 00~54' E, for a distance of 1010.0 feet to a point; THENCE S 00°1I' W, for a distance of 440.0 feet to a point, said strip continuing and lying Northerly of the following:. THENCE N 89°49' W, for a distance of 1500.0 feet to a point in the West right-of-way line of said railroad, and end of the 10 foot strip, CONTAINING 0.9 acres of land more or le~s.