HomeMy WebLinkAboutOrdinance No. 544 CITY OF THE COLONY, TEXAS
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES OP 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 OP THE COLONY, TEXAS AND MORE FULLY
DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM NEIGHBORHOOD SERVICE TO SINGLE FAMILY 4
(SF-4); REQUIRING DEVELOPMENT OF THE TRACT TO BE IN
ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND
ORDINANCES OF THE CITY; CORRECTING THE OPFICIAL 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
OP NOT LESS THAN ONE DOLLAR ($1.00) FOR EACH OFFENSE
AND A SEPARATE OFPENSE 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 Comprehensive 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 following 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 J.C. Caton Survey, Abstract No. 313,
Denton County, Texas, consisting of approximately 1.403
acres of land and being described more accurately by
metes and bounds in Exhibit "A", attached hereto and
incorporated herein for all purposes, presently zoning
under "NS" Neighborhood Services classification is
hereby changed to "SF-4" Single Family 4
classification.
Section 3. The City Manager of the City is hereby
directed to correct the official zoning map of the City to
reflect the change in zoning described herein.
Section 4. 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 5. That the zoning regulations and districts as
herein established 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 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
encouraging the most appropriate use of land throughout the
community.
Section 6. This ordinance shall be cumulative of all other
ordinances of the City affecting zoning and shall not repeal any
of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict
with the provisions of this ordinance.
Section 7. That if any section, article, paragraph,
sentence, clause, phrase or work in this ordinance or application
thereof to any person or circumstance is held 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 8. 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 upon each day during
or on which a violation occurs or continues.
Section 9. The fact that the present zoning ordinances 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 provid~dy law, and it is accordingly
so ordained.
1988. PASSED AND APPROVED this ~ day of ~ ,
Don Mayor - ~
ATTEST:
~~FORM
City Attorney
STATE OF TEXAS
~OUNTY OF DENTCN
W, HEREAS, THE CENTEX REAL ESTATE CORPORATION, dba FOX & JACOBS, INC., a Nevada
~orporation, is the owner of a tract cf land situated in the J. C. Caton
Survey, Abstract Nc. 313, Denton County, Texas and the City of The Colony,
Texas and also being part of the tract described as 4. 386 acres, conveyed to
the Denton Baptist Association, Inc., from Fox & Jacobs, Inc., by deed recorded
in Volume 1312, Page 917-920 of the Deed Records cf Denton County, Texas and
being more particularly described as follows:
COMMENCING at the intersection of the EAST line of ETHRIDGE DRIVE and the NORTH
line of NORTH COLONY BLVD., as shown on the plat of THE COLONY NO. 28, an
sddition to the City of The Colony Texas, as~recorded in Volume D, Page 282 of
the map records of Denton County, Texas; THENCE in an easterly direction with
a curve to the left, said curve having a chord bearin . ~ .
central angle of 39* 36' 1a ........ g cf N 66 31 22 E, a
o~ 504.59 feet along said ~or~ui~a-~lu.~. o.~.7_30:O0 ~eFt ~or ~n ~rc diet,nee
Beginning; ~,,~ ~ ~orsn ~oiony Blvd. to the Place of
THENCE FROM THE PLACE OF BEGINNING N 43~ 52' 04" ~, 125.01 feet 'to a point
for corner;
THENCE in a northeasterly direction .with a curve~to the ~eft, said curve
having a chord bearing of N 29~ 12' 36" E, a central angle of 35"
15' 57~ and a radius of 605.00 feet for an arc distace of 372.38 feet
to a point for corner;
THENCE in a northeasterly directon with a curve to !he right, said curve
having a chord bearing of N 14~ 00' 43" E, a central angle of 04"
52~ 11" and a radius of 9B5.00 feet for an arc distance of 84.57 feet
to a point in a 15 foot alley and a point for corner;
THENCE in a southeasterly direction with a curve to the right, said curve
having a chord bearing of S ~4~ 12' 00" E, ~ central angle of 02.
10' ~03" and a radius of 120.00 feet for an arc distance of 4.54 feet
along the south line of ~ 15 foot alley and a point for co.rner;
THENCE S ~3" 06' 59" E, 120.47 feet along said south line to ~ point in the
west line of North Colony Blvd. and a point fo~ corner;
THENCE in a southwesterly direction with
having a chord bearing of S 13" 59~ curve to the left, said curve
00" ~,~ a central angle o~ 04.
48' 45" and a radius Of 870.00 feet for an arc distance of 73.08 feet
along said west line to a point for corner;
THENCE in a southwesterly direction with a curve to. the right, said curve
having a chord bearing of S 2~~ 08' 57" W, a central angle of 35~
08' 38"', a radius of 730.00 feet for an arc distance of 447.7~ feet
along said west line to a point for corner and the Place of Beginning
and containing 1.403 acres (61, ll~sq, ft. ) of land.
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