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HomeMy WebLinkAboutOrdinance No. 270 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ ~"~) AN ORDINANCE AMENDING ORDINANCE NO. 61, THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, GRANTING A ZONING CHANGE ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM SF, SINGLE-FAMILY SE DWELLING DISTRICT TO PD, PLANNED DEVELOPMENT DIS- TRICT WITH ALLOWABLE USES OF SINGLE-FAMILY DWELLING (DETACHED), NEIGHBORHOOD SERVICE AND CHURCH ALL IN k)~ ACCORDANCE WITH THE ATTACHED DEVELOPMENT PLAN; REQUIRING THE DEVELOPMENT OF THE SINGLE-FAMILY TO BE c~to~ IN ACCORDANCE WITH THE SF, SINGLE-FAMILY DISTRICT REGULATIONS PROVIDED BY THE COMPREHENSIVE ZONING ORDINANCE; REQUIRING THE DEVELOPMENT OF NEIGHBOR- HOOD SERVICE TO BE IN ACCORDANCE WITH THE NS, NEIGHBORHOOD SERVICE DISTRICT REGULATIONS PROVIDED BY THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING THAT THE DEVELOPMENT CONDITIONS SHALL BE CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; 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 NOR MORE THAN TWO HUNDRED DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGEN- CY AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS § COUNTY OF DENTON § THE CITY OF THE COLONY § 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"; and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the City of The Colony, Texas, (the "City") for its recommendation and report; and WHEREAS, the Planning & 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 tne Oiilclai zoning maps oI the (~lty to reIlecl the herein change in zoning. Section 7. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this the 5th day of December , 198 3 ATTEST: ~ olony, Texas [SEAL] APPROVED AS TO FORM: · y ney, City of The Col~j~, Texas~ UTCHISO.N. PRICE BOYLE ~ ~. .~OK$ ^L~,~ ~oo~ December 1, 1983 Janiee Carroll City Manager City of The Colony, Texas 5576 North Colony Boulevard The Colony, Texas 75056 Re: Ordinance Granting a Zoning Change (Fox & Jacobs on Subdivision #29) Ordinance Consenting to Assignment of Cable TV Franohise Dear Janice: Enclosed is an original plus 9 copies of each of the above ordinances. As a reminder, with respect to the Ordinance Granting a Zoning Change, Exhibit A, the field notes or survey, Exhibit B-1 and B-2, the development plan, and Exhibit C, the development schedule, must be attached to the ordinance. I have also enclosed the Replat of Section 29 which you sent to us. With respect to the Ordinance Consenting to Assignment, it is specifically stated in the Ordinance that the City Council's consent is conditional upon Communications Services, Inc. filing a duly executed instrument agreeing to the terms of the Franchise. If you have any questions, please advise. Very truly yours, HUTCHISON PRICE BOYLE & BROOKS ACL:bgh Adrienne C. Leonard ~ Enclosures 1,ri,GAL DESCR!P!'ION FOR REQUES'PED PLANXED DEVEL, OP."~ENT POX & JACOBS, INC. Colony Subdivision #29 }ocated west of FM ~423 and north of North Colony Boulevard end being Block #220, Lots 49-61; Block 228, Lots 1-35; Block 2291 Lots 1-36; Block 230, Lots 1-35; Block 224, Lots 30-59; 8iock 231, Lots 9-48; Block 232, Lots 1-38; Block 233, Lots 1-30; Block 234, Lots 1-23; Block 235, Lots 1-17; and Block 236, Lots 31-77. Said blocks and lots are presently platted as Ballard Trail, Driscoll Drive, Caldwell Avenue, Malone Avenuej Newton Street, Clary Drive, Durbin Drive, Gardner Drive, Noward Drive, Fryer Street and Halford Circle. ( CITY OF TIIE COLONy, TEXAS ~/Wo ~espeet~ulJy pequbst adoption oF ~he f'~low~nX . the Zoning Ordinance of, ~he C:[ty of The Colcmy PrOposed amendment mitred in Suppo],t of this Pr'ordinal.. · The foJlow/ng is sub- PROPONENT~Fox & dac0bs, Inc. Nailing gddvess~ AGENT Phone 245-85l ] NATURE Of REQUEST ~ __ The purpose of this proposal is to amend the: ZONING REGULATIONS contained in Section 29 ZONING MAP so as to relocate zoning district boundaries by Changing ppoper~y ~'pom SF To PD To gONING NAP so as to establish d~sCt, loe hOUndav5es o~ UnZoned ~Opewty ZONING FEE 5 se. or less $100.00 ]:'ee Attached $ 5 ac. to 25 ac. $150.00 Fee ALtaChed 25 ac. & Ove~ $300.00 Fee Attached $ 300,00 '. Total Fee $ 300.00 PROPERTy DESCRIPTION Identification of location (address or otherwise): Legal Description ~ Property is UnSubdivided . accopd.~ng to the County Deed Records Vol Page . It is shown as lzaot of the Tax Records. ~ '~SUrvey, City ~ A metes aod bounds description and a sketch map locating Pr'operty so desc~/bed are attached. ~ Property is std~div:ided as below desepfhed: Subdivlsion Name Block Lot _; Bi6c,k Block Lot (s) ~, Lot (s)~ ~ ; Bloel~,Lo~ rs) Total lan COntained herein, nog connt~ng Streets op alleys, ~~Ao. Sq. Ft. (' HUTCHISON PRICE BOYLE & BROOKS eYkON E. cox June 26, 1984 DALLAS TEL£CO"Y NUMBER: MS. Janet Gadd City Secretary City of The Colony 5576 North Colony Blvd. The Colony, Texas 75056 Re: Ordinance No. 268 Dear Janet: Pursuant to your request, enclosed please find one copy of each of the following documents in our file: 1) Proposal to Amend the Zoning Ordinance; 2) Legal Description For Requested Planned Development, Fox & Jacobs, Inc. (in lots and blocks); and 3) Replat of Section 29. If you need anything else, please advise. Very truly yours, HUTCHISON PRICE BOYLE & BROOKS Adrienne C. Leonard ACL:bgh Encs. the Zon~n~ Op( j ~ ' · n;.nce of. the C.[ky of' The (N~lcmy . ~litt'ec~ Jl~ Stit~DO~,t C)f this PP(U)~S;I] . - The J'()] lOWir]~ :l:~ su~._ PI~Ot'~)NI:NiI~ Fox & ,Jacobs, Inc. FJc~J].ing Add~.ess~~9~or, Carro]lton Nailing hddre~:~ NATURE 0t' REQUEST The purpose o~ Lbjs PeOpOsal 5s to amem] the: ZONING REGULATIONS contained 5n Seet5on 29 ZONING NAP so as to me2oeaee zon5ng d/st'x,/et boundar, Jes by changing P:'ope~ty I'r o~,~S F To PD From T o ZONING NAP so as to c'stablish dJsLpjcL ])OUndamjesT~ as of Unzoned p~ope~y ZONzNG FEE 5 ac. o~ -less $100.00 ]:'ee Attached 5 ac. Lo 25 ac. $150.00 Fee A[tached $ 25 ac. & Ore2., $300,00 Fee Attached $ 300.00 Total Fee $ 300 00 PROPERTy DESCRIPTION IdentZfication of location (addpess op Othez~wise): Legal DescPipLion ~ P~O[)epty ~s unsubdivided aceopd:ing to the County Deed Records Page~. It- is shown as Tpaee~of the Tax /(eeords. ~SUrvey~ City [~ g me~c:~; and bounds des(:rjpt~m ;u~d a sketch :nap ]aea~ing pmo[ er'ty so desep~bed ape a~aehed. ~ Pr°[)('prY J8 subdivided as be]ow ]]lock Lot(~) lJ 1 ac, J.~, Lot · ! , ~ rSAL DESCR!P'!ION FOR R.~,:~_. ~D PLANNED DEVELOPMENT P{:}[ & JACOBS, INC. Colony Subdivision #29 l!ocated west of PM ~423 and north of North Colony Boulevard and being Block #220, Lots 49-61; Block 228, Lots 1-35; Block 229, Lots 1-36; Block 230, Lots 1-35; Block 224, Lots 30-59; 81ock 231, Lots 9-48; Block 232, Lots 1-38; Block 233, Lots 1-30; Block 234, Lots 1-23; Block 235, Lots 1-17; and Block 236, Lots 31-77. Said blocks and lots are presently platted as Ballard Trail, Driscoll Drive, Caldwell Avenue, Malone Avenue, Newton Street, Clary Drive, Durbin Drive, Gardner Drive, Howarc Drive, Fryer Street and Halford Circle.