HomeMy WebLinkAboutOrdinance No. 238 ORDINANCE NO.
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 AS LOTS 1-10, BLOCK 205, LOTS 1-10, BLOCK
206, LOTS 1-25, BLOCK 208, LOTS 1-49, BLOCK 209, AND LOTS 23-45, BLOCK 210,
THE COLONY NO. 24, AN ADDITION TO THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME B, PAGE 155, OF THE MAP OR PLAT RECORDS OF DENTON COUNTY,
TEXAS TO "PD" PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING FOR THE AMENDMENT OF THE ZONING
DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
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 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 following described property to "PD" Planned
Development District Classification, said property being more particularly described as
follows:
Lots 1-10, Block 205
Lots 1-10, Block 206
Lots 1-25, Block 208
Lots 1-49, Block 209
Lots 23-45, Block 210
THE COLONY NO. 24, An Addition to the City
of the Colony, Denton County, Texas
SECTION 2.
That the herein described property 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 fo]lowing
special conditions:
(a) 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, shall be submitted and approved by the City Council
and shall be made an exhibit to and a part of this ordinance and incorporated
by reference herein for all purposes.
(b) No land shall be used and no building shall be erected or converted
for any use other than Single Family Dwellings, including accessory buildings,
related maintenance and model homes/sales office buildings, recreation buildings
for the complex and any other use norma]ly permitted in a single family residential
district in the City.
(c) The developer has offered and the City Council has accepted the
tender of certain deed restrictions for other areas of The Colony No. 24 and
the Colony No. 26 additions to the City and, prior to the issuance of any
building permit for the development of any portion of the property described
herein, such deed restrictions shall be submitted to the City Attorney for approval
as to form and to the City Council for approval as to content and thereafter
recorded in the Deed Records of Denton County, Texas at the expense of the
developer.
(d) That the single family detached dwellings permitted by the granting
of this Planned Development District will share a common access easement with
one or more other of the detached dwellings in each cluster of dwellings, such
common access easements to be shown in the appropriate section of the
development plan required by Section 10-664 of the Comprehensive Zoning
Ordinance.
(e) No building shall exceed thirty (30) feet or two and one half stories.
(f) Area Regulations:
(1) Each lot within this Planned Development District shall have
a minimum size of 3500 square feet.
(2) Each detached dwelling constructed within this Planned
Development District shall have a minimum side yard between it and the
adjacent dwelling of ten (10) feet.
(3) The minimum separation between facing garage doors shall
be fifty-six (56) feet.
(4) The minimum building line shall be twenty-five (25) feet
from the center line of the street.
(5) Each detached dwelling shall have a minimum yard space of
at least 300 square feet, with a minimum dimension on any.one side of
not less than eight (8) feet.
(6) The lot coverage of each detached dwelling shall not exceed
sixty (60%) percent of the total lot area.
(7) Off-street parking shall be provided within each cluster to
accommodate two motor vehicles for each dwelling unit.
(8) Minimum living area per dwelling unit shall be 900 square
feet, with no more than one unit per cluster under 1,000 square feet.
(9) All main buildings shall have an exterior construction, below
the first floor plate line, of a minimum of sixty-five (65%) percent brick
or brick veneer.
(10) Each individual unit shall have separate utility connections
and meters for all public utilities.
(g) All areas subdivided for cluster dwelling construction shall face
upon a public street constructed to meet all the requirements of the City's
subdivision rules and regulations. All private driveway and parking area
construction shall be paved with concrete to minimum City specifications.
SECTION 3.
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 provisions of
the City of The Colony not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 4.
Any person, firm or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of The Colony, and upon conviction in the Municipal
Court of the City of The Colony, shall be punished by a fine not to exceed the sum
of Two Hundred Dollars ($200.00) for each offense, and each and every day any such
offense shall continue shall be deemed to constitute a separate offense.
SECTION 5.
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.
DIJLY 'PA~ED by the City Council of the City of The Colony, Texas, on the
day of os3.
APPROV~/ ·
/ - A¥OR
/c)[ri'y SECRETARY
/---A~PPROVED AS TO ~F,ORM:
C1'1'¥ ATTORNEY