HomeMy WebLinkAboutOrdinance No. 450 CITY OF .~THE GOLONY, TEXAS
ORDINANCE NO. ~
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 TO "O-l" OFFICE
1; 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 SEVERA-
BILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE
AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF
NOT LESS THAT 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 and Zoning Commission of the City and the City Council,
in compliance with the laws of the State of Texas and with the provisions of the 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, the City Council does hereby find and determine 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 THE 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 the follow-
ing 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
Samuel Hayes Survey, Abstract No. 648, Denton County, Texas,
consisting of approximately 6.196 acres of land and being described
more accurately by metes and bounds in Exhibit "A", attached
hereto and incorporated herein for all purpsoes, presently zoned
under the "MF-l" Multiple Family-1 classification, is hereby changed
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 Which 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 "Al" 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 distriets 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 beth 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 population; 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 eneournging 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 repaal 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 $. That if any section, article, paragraph, sentence, elausa,
phrase or word in this ordinance or application thereof to any person or
circumstance is held invalid or unconstitutional by a Court of eompatent
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.
Sect/on 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 welfare 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 AN_~PROVED by the City Council of the City of The Colony,
Texas on this the day of ~.~_/~, 1986.
ATTEST:
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Culony, Texas
EXHIBIT "A"
TRACT #1
METES AND BOUNDS DESCRIPTION
6.196 ACRES
DENTON COUNTY, TEXAS
Being 6.196 acres of land situated in the Samuel Hayes Survey, Abstract No.
648 in Denton County and being more particularly described as follows:
COMMENCING at a 1/4 inch iron rod, said iron rod being the southwest corner of
the Samuel Hayes Survey, Abstract No. 648, said iron rod also being the
northwest corner of the B.B.B. & C.R.R. Survey, Abstract No. 173;
THENCE North 0° 02~ 23" West, a distance of 322.17 feet to a concrete monument
at the POINT OF BEGINNING;
THENCE North 2° 36~ 22" East, a distance of 461.0t feet to a 1/2 inch iron rod
located South 2' 36~ 22" West, 36.61 feet from a concrete monument;
THENCE North 89' 57~ 27" East, a distance of 461.27 feet to a 1/2 inch iron
rod;
THENCE South O' 36~ 13" West, a distance of S80.00 feet to a 1/2 inch iron
rod;
THENCE North 89° 23' 47" West, a distance of 310.00 feet to a point; said
point being the beginning of a curve to the left having a central angle of 32'
15~ 19" and a radius of 180.00 feet;
THENCE along said curve to the left, a distance of 101.33 feet to a point;
THENCE North 31' 39' 06" West, a distance of 30 feet to a point;
THENCE North 24' 46~ 59" West, a distance of 128.93 feet to the POINT OF
BEGINNING and containing 6.196 acres (269,88~, square feet) of land, more or
less.
036
,. ' , c., ~,~?~ Tract ,
- 65 98
' DECLARATIVE OF PR~)TEC~IVE COVENANTS
This Declaration is made this day of October, 1986, by Fox ~
Jacobs, Inc., a Nevada corporation having an office at 2800 Surveyor Blvd.,
Carrollton, Texas 75016 ("Declarant").
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 restrictions upon the
development of the Property.
NOW THEREFORE, Declarant, as owner of the Property, for itself and
its successors and assigns, declares as follows:
1. No part of any buildirtg or structure erected on ~:h-e 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 the 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 fu!ly recited and set forth in their entirety, and
such deed sball 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 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 for all obligations recruited 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 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 tbis 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~dntended 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.
651
Attest: F X &~JACoB S I~.~
Ric haf'd S~-onyei's]
Executive Vice-Pre.dent
[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,iwthe 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.
~~--'~'"' [~ ~}'~~}~" ~( of TexasarY Public in a~d for the State
.~<.. ~ ~ .;~ Notary's printed name
~'/ ~,,: ........ .'b,.~? My commission expires:
"....
Approved and accepted by the City of The Colony this ~of
October,
1986.
Mayor.~ity of T~ Colon~ '
~p?ti-A, ~iok~.~ ~y Secretary
City Attorney
voL2012 682 '
.... EXHIBIT "A"
TRACT l
METES AND BOUNDS DESCRIPTION
6.196 ACRES
DENTON COUNTY, TEY~AS
Being 6.196 acres of land situated in the Samuel Hayes Survey, Abstract No.
648 in Denton County and being more particularly described as follows:
COMMENCING at a 1/4 inch iron rod, said iron rod being the southwest corner of
the Samuel Hayes Survey, Abstract No. 648, said iron rod also being the
northwest corner of the B.B.B. & C.R.R. Survey, Abstract No. 373;
THENCE North O' 02' 33" West, a distance of 322.17 feet to a concrete monument
at the POINT OF BEGINNING;
THENCE North 2' 36' 22" East, a distance of 461.01 feet to a ]/2 inch iron rod
located South 2' 36' 22" West, 36.61 feet from a concrete monument;
THENCE North 89' 57' 27" East, a distance of 461.27 feet to a 1/2 inch iror
rod;
THENCE South O' 36' 13" West, a distance of 580.00 feet to a 1/2 inch it..,
rod;
THENCE North 89' 23' 47" West, a distance of 310.00 feet to a point; sa~d
point being the beginning of a curve to the left having a central angle of 32'
15' 19" and a radius of 180.00 feet;
THENCE along said curve to the left, a distance of 101.33 feet to a point;
THENCE North 31' 39' 06" West, a distance of 30 feet to a point;
THENCE North 24' 46' sg" West, a distance of 128.93 feet to the POINT OF
BEGINNING and containing 6.196 acres {269,884 square feet) of land, more or
less.
036