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HomeMy WebLinkAboutOrdinance No. 455 TY OF TilE. CO'LQNY, TEXAS ORDINANCE NO. 2//~-- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "MF-i" MULTIPLE FAMILY-1 AND "SF" SINGLE FAMILY TO "O-1" OFFICE-l; REQUIRING DEVELOPMENT OF THE TRACT TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY, AND VOLUNTARY DEED RESTRICTIONS ATTACHED AS EXHIBIT "B"; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, which property lies within the corporate limits of the City of The Colony, Texas (the "City"); and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the City for its recommendation and report; and WHEREAS, the Planning'End Zoning Commission of the City and the City Council, in compliance with the laws 9f the State of Texas and with the provisions of thc Compre- hensive Zoning Ordinance of the City, 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 affected area and in the vicinity thereof; and WHEREAS, thc City Council does hereby find and detemnine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TItE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Appendix A-Zoning of the Code of Ordinances of the City of The Colony, Texas, be and the same is hereby amended and changed in thc follow-. lng particulars, and that all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Code of Ordinances are not amended, but remain intact and are hereby ratified, verified, approved and affirmed: A. That the allowed use of that tract of land situated in the Samuel Hayes Survey, Abstract No. 648, Denton County, Texas, consisting of approximately 18.723 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, presently zoned under the "MF-I" Multiple Family-1 and "SF" Single Family classi- fication, is hereby cba~ed to "O-l" Office-1. Section 3. The City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the change is zoning described herein. Section 4. That the Developer/Owner has offered and submitted Deed Re- strictions covering the property, a copy of whicl~ are attached hereto as Exhibit "B" and is incorporated herein by this reference, which Deed Restrictions are not to be construed as conditions precedent to the granting of this zoning change but shall be conditions precedent to the granting of any Building Permit on the property described in Exhibit "A~" The City Council has accepted such deed restrictions and hereby directs the City Secretary to file same in the Deed Records of Denton County, Texas. Section 5. That in all other respects the use of the tract of land above described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City and all other applicable ordinances of the City. Section 6.. That the zoning regulations and districts as herein estab- lished have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of pepulation; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal °' business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 8. That if any section, article, paragraph, sentence, clause,. phrase or word in this ordinance or application thereof to any person or circumstance is hald invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9.;~ Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 10. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general walfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED by the City Cauncil of the City of The Colony, Texas on this the ~//D day of /~/~-6m~.~-~._ , 1986. City Secretary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas E XHI B.ZT "A" MEleES AND BOUNDS DESCRIPTION 18.723 ACRES DENTON COUNTY, TEXAS Being 18.723 acres of land situated in the Samuel Hayes Survey, Abstract No. 648 in Denton County and being more particularly described as follows: COMMENCING at an iron pin being the Northwest corner of a 10.412 acre tract or land as recorded in Volume 751, Page 957 of the Denton County Deed Records; THENCE North 2° 36' 22" East, 36.61 feet to a U.S.A. concrete monument No. B-185-1; THENCE North 3' 07' 01" East, 501.30 feet to a concrete monument, said monument being the POINT OF BEGINNING; THENCE North 15' 18' 05" East, 575.23 feet to a concrete monument, No. B-.185-4; THENCE South 89° 47' 31" West, 200.00 feet to a concrete monument, No. B-185-3i THENCE North 1° 33' 59", West 919.20 feet to a set 1/2 inch iron rod; THENCE South 86° 36' 05" East, 571.95 feet to a 1/2 inch iron rod; · THENCE South 5° 31' 00" West, 18.60 feet to a 1/2 inch iron rod; THENCE South 0° 34' 08" West, 800.09 feet to a 1/2 inch iron rod; THENCE South 22° 21' 10" West, 107.70 feet to a wooden right-of-way monument; THENCE South 0° 33' 05" West, 200.00 feet to a wooden right-of-way monument; THENCE South 20° 57' 00" East, 108.93 feet to a wooden right-of-way monument; THENCE South 0° 33' 05" West, 598.76 feet to a iron rod; THENCE South 11° 32' 24" West, 42.47 feet to a 1/2 inch iron rod; THENCE North 48° 05' 55" West, 631.04 feet to the POINT OF BEGINNING, and containing 18.723 acres (815,571 square feet) of land, more or ]ess. 0348 DANNENBAUM ENGINEERING CORPORA/ION Consulting Engineering RG:cr:1701-OB 12/30/85 EXHItJlT "B" DECLARATIVE OF PROTECTIVE COVENANTS This Declaration is made this day of October, 1986, by Fox & Jacobs, Inc., a Nevada corporation having an ~e at 2800 Surveyor Blvd., Carrollton, Texas 75016 ("Declarant"). WITNESSETN Declarant is the owner in fee of a tract of land in Denton County, Texas. The tract hereinafter referred to as the "Property" and more fully shown on the attached Exhibit A, which is made a part hereof for all purposes. Declarant desires to impose certain conditions and restmct~ons upon the development of the PKoperty. NOW THEREFORE, Declarant, as owner of the Property, for itself and its successors and assigns, declares as follows: 1. No part of any bui]dir~g or structure erected out he Property except authorized telecommunications equipment or heating, ventilating or air conditioning equipment shall be permitted to exceed a height of eleven feet (11 ft.) above the elevation of the center line of the southbound lane of FM 423 as measured by an elevation projected from the center of such building or structure. 2. The maximum width of a building or buildings constructed on the property or a subdivided or platted parcel thereof shall not exceed 70% of the width of such parcel measured along a line parallel to FM 423 at a distance of 25' feet from the property line nearest FM 423. The remaining 30% of the width of such parcel may be used as open space to accomodate parking, vehicular traffic, pedestrian traffic or landscaping. No permanent structures, except approved signs shall be permitted to be erected within the open space. 3. The restrictions,benefits and obligations.hereunder shall create benefits and servitudes upon the Property, running with thc land thereof and shall be perpetual. Every grantee accepting a deed to any interest in any portion of the Propert~ shall be deemed to accept the same with the understanding that each such conveyance is subject to the provisions of this Declaraton and to the same extent as if the provisions of this Declaration had been fully recited and set forth in their entirety, and such deed shall be binding upon each grantee and its heirs, personal representatives, successors and assigns. 4. The liability of any owner of any portion of the Property for any obligations hereunder shall terminate with respect to each portion conveyed upon its conveyance of its fee simple interest to another party; it being expres'sly understood that whether or not such grantee expressly assumes such obligations, such grantee and all subsequent grantees and their heirs, personal representatives, successors and assigns shall nonetheless be fully bound hereby for all obligations req'uired herein, including but not limited to the rectifying of any violatioms that may have occurred prior to its purchase or acquisition. 5. It is expressly declared and understood that these protective covenants may be enforced by the City of The Colony, Texas. .6. If the application of any term or provision of this Declaration to any person or circumstance shall, to any extent, be or be held invalid or unenforceable, the remaining terms and provisions of this Declaration and the application of any or all of there other terms and provisions of this Declaration to any person or circumstances,ol~h'er than those as to which it was held invalid or unenforceable, shall not be affected, it being intended that each term and provision of this Declaration shall be deemed valid 'and enforceable to the fullest extent permitted by law. 7. The provisions of this Declaration may be abrogated, modified, rescinded or amended (the act of doing so being hereinafter referred to as "alter- ations"), in whole or in part, only with the written consent of the owner or owners of allofthe Property and the City olY The Colony, which written consent of the City shall be in the form of a City Council Resolution. An alteration will be made in a declaration in writing executed by said owners and duly recorded in the public r6cords of Denton County, Texas. This Declaration shall not otherwise be abrogated, modified, rescinded or amended in whole or in part. IN WITNESS WI-IEREOF, Declarant has caused these presents to be signed and duly executed by its property corporate officers, and its corporate seal affixed hereto, as of the day and year first above written. Attest: FOX & JACBOS, INC. By: Richard Sconyers, Executive Vice-President [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned authority on this day personally appeared Richard Sconyers, Executive Vice-President of Fox & Jacobs, Inc., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed,in, the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this day of October, 1986. Notary Public in and for the State of Texas Notary's printed name My commission expires: Approved and accepted by the City of The Colony this of October, 1986. M a ~o~1~, Clty ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM AND CONTENT: City Attorney EXHIBIT "A" . ,. TRACT "A" METES AND BOUNDS DESCRIPTION 18.723 ACRES DENTON COUNTY, TEXAS. Being 18.723 acres of land situated in the Samuel Hayes Survey, Abstract No. 648 in Denton County and being more particularly described as follows: COMMENCING at an iron pin being the Northwest corner of a 10.412 acre tract or land as recorded in Volume 751, Page 957 of the Denton County Deed Records; THENCE North 2' 36' 22" East, 36.61 feet to a U.S.A. concrete monument No. B-185-1; THENCE North 3' 07' 01" East, 501.30 feet to a concrete monument, said monument being the POINT OF BEGINNING;. THENCE North 15' 18' 05" East, 575.23 feet to a concrete monument, No. B-185-4; THENCE South 89' 47' 31" West, 200.00 feet.to a concrete monument, No. B-185-3; THENCE North 1' 33' 59", West 919.20 feet to a set 1/2 inch iron rod: THENCE South 86' 36' 05" East, 571.95 feet to a 1/2 inch iron rod; THENCE South 5' 31' 00" West, 18.60 feet to a 1/2 inch iron rod; THENCE South O' 34' 08" West, 800.09 feet to a 1/2 inch iron rod; THENCE South 22' 21' 10" West, 107.70 feet to a wooden right-of-way monument; THENCE South O' 33' 05" West, 200.00 feet to a wooden right-of-way monument; THENCE South 20' 57' 00" East, 108.93 feet to a wooden right-of-way monument THENCE South O' 33' 05" West, 598.76 feet to a iron rod; THENCE South 11' 32' 24" West, 42.47 feet to a 1/2 inch iron rod; THENCE North 48' 05' 55" West, 631.04 feet to the POINT OF BEGINNING, and containing 18.723 acres (815,571 square feet) of land, more or les:. 0348 DANNENBAUM ENGINEERING CORPORATION Consulting Engineering RG:cr:17OI-OB 12/30/85 FOX ~] JACOBS WE ARE TRANSMITTING, [] HEREWITh ~ UNDER SEPARATE COVER ~ ORIGINALS COST ESTIMATES OTHER NUMBER THESE ARE TRANSMITTED: YOUR USE ~OR REVIEW & COMMENT FOR SIGNATURE(S) ~ PLEASE SIGN AND ~ PLEASE DISTRIBUTE ~ NO ACTION REQUESTED RETURN REMARKS SIGNED DECLARATIVE OF PROTECTIVE COVENANTS This Declaration is made this .__~]~___day of~, 1986, by Fox 3acobs, Inc., a Nevada corporation having an office at 2800 Surveyor Blvd., Carrollton, Texas 75016 ("Declarant"). WITNESSETH Declarant is the owner in fee of a tract of ]and in Denton County, Texas. The tract hereinafter referred to as the "Property" and more fully shown on the attached Exhi}pjt A, which is made a part hereof for all purposes. Declarant desires to impose certain conditions and rcst~'~ct~cns upon the development of the PKoperty. NOW THEREFORE, Declarant, as owner of the Property, for itself and its successors and assigns, declares as follows: 1. No part of any building or structure erected on the Property except authorized telecommunications equipment or heating, ventilating or air conditioning equipment shall be permitted to exceed a height of eleven feet (11 ft.) above the elevation of the center line of the southbound lane of FM 423 as measured by an elevation projected from the center of such building or structure. 2. The maximum width of a building or buildings constructed on the property or a subdivided or platted parcel thereof shall not exceed 70% of the width of such parcel measured along a line parallel to FM 423 at a distance of 25' feet from the property line nearest FM 423. The remaining 30% o£ the width of such parcel may be used as open space to accomodate parking, vehicular traffic, pedestrian traffic or landscaping. No permanent structures, except approved signs shall be permitted to be erected within the open space. 3. The restrictions, benefits and obligations hereunder shall create benefits and servitudes upon the Property, runulng with the land thereof and shall be perpetual. Every grantee accepting a deed to any interest in any portion of the Properts; shall be deemed to accept the same with the understanding that each such conveyance is subject to the provisions of this Declaraton and to the same extent as if the provisions of this Declaration bad been fully recited and set forth in their entirety, and such deed shall be binding upon each grantee and its heirs, personal representatives, successors and assigns. 4. The liability of any owner of any portion of the Property for any obligations hereunder shall terminate with respect to each portion conveyed upon its con{;~yance of its fee simple interest to another party; it being expressly understood that whether or not such grantee expressly assumes such obligations, such grantee and all subsequent grantees and their heirs, personal representatives, successors and assigns shall nonetheless be fully bound hereby fei' all obligations req'uh'ed herein, including but not limited to the rectifying of any violation~ that may have occurred prior to its purchase or acquisition. 5. It is expressly declared [vid understood tha£ these protective covenants may be enforced by the City of The Colony, Texas. · 6. If the application of any term or provision of this Declaration to any person or circumstance shall, to any extent, be or be held invalid or unenforceable, the remaining terms and provisions of this Declaration and the application of any or all of there other terms and provisions of this Declaration to any person or circumstances,otl'fer than those as to which it was held invalid or unenforceable, shall not be affected. it being ,intended, that each term and provision of this Declaration shall be deemed valid and enforceable to the fullest extent permitted by law. 7. The provisions of this Declaration may be abrogated, modified, rescinded or amended (the act of doing so being hereinafter referred to as "alter- ations''), in whole or in part, only with the written consent of the owner or owners of allofthe Property and the City of The Colony, which written consent of the City shall be in the form of a City Council Resolution. An alteration will be made in a declaration in writing executed by said owners and duly recorded in the public records of Denton County, Texas, This Declaration shall not otherwise be abrogated, modified, rescinded or amended in whole or in part. IN WITNESS WHEREOF, Declarant has caused these presents to be signed and duly executed by its property corporate officers, and its corporate seal affixed hereto, as of the day and year first above written. Richard Sconyers, ('~J Executive Vice-Pres~l%nt [SEAL] STATE OF TEXAS § COUNTY OF- DALLA'S § Before me, the undersigned authority on this day personally appeared Richard Sconyers, Executive Vice-President of Fox & Jacobs, Inc., a corporation, known to m~.to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed,in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this /~ ~-~ day of November, 1986. DL ,- 4Jt 'Notary Public in affd ~for the State of Texas No~ary's printed name My commission expires: Approved and accepted by the City of The Colony this ,~ of O~t~b~, ATTES%: Patti A. Hicks, City Secretary APPROVED AS TO FORM AND CONTENT: City Attorney EXHIBIT "A" ' - .. TRACT "A" METES AND BOUNDS DESCRIPTION 18.723 ACRES DENTON COUNTY, TEXAS Being 18.723 acres of land situated in the Samuel Hayes Survey, Abstract No. 648 in Denton County and being more particularly described as follows: COMMENCING at an iron pin being the Northwest corner of a 10.412 acre tract or land as recorded in Volume 751, Page 957 of the Denton County Deed Records; THENCE North 2' 36' 22' East, 36.61 feet to a U.S.A. concrete monument No. B-185-1; · THENCE North 3' 07' 01" East, 501.30 feet to a concrete monument, said monument being the POINT OF BEGINNING;. THENCE North 15' 18' 05" East, 575.23 feet.to a concrete monument, B-185-4; THENCE South 89' 47' 31" West, 200.00 feet to a concrete monument, No. B-185-3; THENCE North 1' 33' 59", West 919.20 feet to a set 1/2 inch iron rod~ THENCE South 86' 36' 05" East, 571.95 feet to a 1/2 inch iron rod; THENCE South 5' 31' 00" West, 18.60 feet to a 1/2 inch iron rod; THENCE South O' 34' 08" West, 800.09 feet to a 1/2 inch iron rod; THENCE South 22' 21' 10" West, 107.70 feet to a wooden right-of-way monument; THENCE South O' 33' 05" West, 200.00 feet to a wooden right-of-way monumen:; THENCE S'o~t~ 20' 57' 00" East, 108.93 feet to a wooden right-of-way monument THENCE..]South O' 33' 05" West, 598.76 feet to a iron rod; THENCE South 11' 32' 24" West, 42.47 feet to a 1/2 inch iron rod; THENCE North 48' 05' 55" West, 631.04 feet to the POINT OF BEGINNING, and containing 18.723 acres (815,571 square feet) of land, more or les:. 0348 DANNENBAUM ENGINEERING CORPORATION Consulting Engineering RG:cr:I701-OB 12/30/85