HomeMy WebLinkAboutOrdinance No. 98-1029 ORI61NAL
city oF TttE COLONY, TEXAS
ORDINANCE NUMBER ~/-/~ ?
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
PLANNED DEVELOPMENT PD-I1; PROVIDING FOR A THREE STORY
BUILDING ON A 1.72 ACRE TRACT SITUATED ON THE SOUTH WEST
CORNER OF MEMORIAL DRIVE AND BLAIR OAKS; AND PROVIDING
FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of The Colony approved Ordinance #881 dated 20m
March, 1995, granting Planned Development PD-11 for Multifamily (MF-3) and General Retail,(GR)
uses; and
WHEREAS, the subject site is zoned for general retail uses as permitted in Section 10 of'
the comprehensive zoning ordinance; and
WHEREAS, at its regular meeting held on the 24th day of February, 1998, and for which
notice was given and a public heating held in accordance with law, the Planning and Zoning
Commission did consider and make recommendations to the City Council on a request to amend
Planned Development PD-11 to provide for a three story building on a 1.72 acre tract situated on the
south west comer of Blair Oaks and Memorial Drive.(Case No. 98-Z002); and
WHEREAS, the proposed amendment o£ PD-11 is in accordance with the adopted
Comprehensive Plan of the City of The Colony, as amended; and
WHEREAS, the City Council, after determining all legal requirements of notice and hearing
have been met, has ~urther determined the following amendment to Planned Development PD- 11
provide for and would be in the best interest of the health, safety, morals, and general welfare:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION I: That the above and foregoing premises are true and correct and are incorporated
herein and made part hereof for all purposes.
SECTION II: That the 1.72 acre tract of land situated on the south west comer of Blair Oaks and
Memorial Drive, in the T. Wilson Survey Abstract No. 1352, in the City of The Colony, Denton
County, Texas, and more specifically described on the attached Exhibit A, (which exhibit is
incorporated herein for all purposes); and being pan of Planned Development PD-11 for general
retail uses, is hereby amended to accommodate a three story building in accordance with Appendix
A, Zoning, of the Code of Ordinances.
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SECTION III: Penalty Clause; That any person, firm or corporation violating a provision of this
ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in a sum not to
exceed Two Thousand Dollars ($2,000.00) for each offense and separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
SECTION IV: Severability Clause; That the provisions of this ordinance, if held invalid or
unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining
portion of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining portions shah remain in full force
and effect.
SECTION VII: Savings Clause; 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 the provisions of those ordinances are in direct conflict with the provisions of this
Ordinance.
SECTION VIII: That this ordinance shall become and be effective from and aRer its date of passage
as provided by law.
PASSED AND APPROVED this the 20t~ day of April , 1998.
Mary l~l~ir ~tts, Ma3o{ -
ATTEST:
Patti A. Hicks, TMRC, City Secretary
APPROVED AS TO FORM:
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EXHIBIT "A"
FIELD NOTE DESCRIPTION
75,000 SQUARE FEET TRACT
BEING a 75,000 square feet tract of land situated in the T. WILSON SURVEY, Abstrac~ No.
1352, Denton County, Texas and being a portion of a tract of land described in deed to
Centex Developmen~ Company, L.P., as recorded in Volume 2375, Page 688 of the Deed
Records of Denton County, Texas and being more pacticularly described as follows:
BEGINNING at a point in the intersection of the southerly right-of-way line of Memorial
Drive {a 100 feet right-of-way} and the westerly right-of-way line of Blair Oaks Road (a 60
feet right-of-way);
THENCE departing the southerly right-of-way line of said Memorial Drive and along the
westerly right-of-way line of said Blair Oaks Road South 28°40'02'' East, a distance of
220.08 feet to a point for corner;
THENCE departing the westerly right-of-way llne of said Blair Oaks Road Sou~h 61 '19'58"
West, a distance of 317.20 feet to a point for corner;
THENCE North 28°40'02- West, a distance of 227.2~, feet to a point for corner;
THENCE North 11 °01 '36" Wast, a distance of 43.00 feet to a point for the beginning of a
curve to the left having a radius of 9~5.00 feet, a chord bearing of North 70019'35" East
and a ohord length of 307.95 feet;
THENCE continuing along said curve to the left through a central angle of 17'59'13" for an
arc length of 309.22 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 1.72;2 acres or 75,000 scluare feet of land
more or ~ess.
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