HomeMy WebLinkAboutOrdinance No. 898 CITY OF THE COLONY, TEXAS
so.
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS AMENDING THE OFFICIAL ZONING MAP; AND
REPEALING ORDINANCE NO. 455 ADOPTED ON
NOVEMBER 3, 1986 IN ITS' ENTIRETY, AND
PROVIDING FOR THE OFFICE DISTRICT (O-1) UPON
PROPERTY CURRENTLY ZONED FOR THE OFFICE
DISTRICT (O-1), LOCATED APPROXIMATELY 1,600
FEET SOUTH OF NORTH COLONY BOULEVARD, ON
THE WEST SIDE OF F.M. 423 (MAIN STREET); AND
PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 22nd day of August, 1995, the
Planning and Zoning Commission did consider and make recommendations on a certain
request for a change of zoning district(s) (Case No. 08-95Z1).
WHEREAS, the City Council, after determining all legal requirements of notice
and hearing have been met, has further determined the following amendment to the
zoning laws would 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 1.
That Ordinance No. 455, adopted on November 3, 1986 together with any exhibits
thereto, is hereby repealed in its' entirety.
Section 2.
That a certain 18.73 acre tract of land located approximately 1,600 feet south of
North Colony Boulevard, on the west side on F.M. 423 (Main Street), situated in the
Samuel Hayes Survey, Abstract No. 648, Denton County, Texas, and more specifically
described on the attached Exhibits "A" and "B", said tract zones Office District (O-1) by
Ordinance No. 455 repealed herein in Section 1 is hereby continued and so designated as
the Office District (O-1). Development shall conform to all conditions, restrictions and
regulations of such district as described in the Comprehensive Zoning Ordinance.
ORDINANCE NO. 898
Eliminate Protective Covenants
Repeal Ord. No. 455 I
Permitted uses shall be all principal and accessory uses which are allowed by right
in the Office District (O-1), in accordance with Appendix A, Section 210 of the
Comprehensive Zoning Ordinance, as amended, and shall be developed in
accordance with all applicable regulations of the Office District (O-1) and the
Comprehensive Zoning Ordinance, as amended.
A Specific Use Permit shall be required for all uses otherwise requiring a Special
Use Permit in the Office District (O-1), in accordance with Appendix A, Section
20 of the Comprehensive Zoning Ordinance, as amended. Such Specific Use
Permit(s) shall be subject to the conditions established in AppendLx A, Section 10-
900 and 10-2200 of the Comprehensive Zoning Ordinance, as amended, and shall
be developed in accordance with all applicable regulations.
Section 3.
That the Official Zoning Map is hereby amended to reflect the action taken
herein.
Section 4.
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 One Thousand Dollars ($1,000.00) for each offense and separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 5.
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
shall remain in full force and effect.
Section 6.
Savings Clause
That Ordinance No. 61, otherwise known as the Comprehensive Zoning
Ordinance, as amended, shall remain in full force and effect.
Section 7.
ORDINANCE NO.
GIFFORD ZONING CHANGE
REPEAL ORDINANCE NO. 455 2
That this ordinance shall become and be effective on and after its adoption.
PASSED AND APPROVED this the 11th day of September, 1995.
amng, Mayor
ATFEST:
Patti A. Hicks, ~MC, Ci~ Secreta~
[SE~]
~PRO~D AS TO FORM:
ORDINANCE NO.
(3IFFORD ZONING CHANGE
REPEAL ORDINANCE NO. 455 3
EXHIBIT A
LEGAL DESCRIPTION
BEING a 18.732 acre lxact of land situated in the Samuel Hayes Survey, Abstract No. 648, Denton County,
Texas, recorded in Volume 2274, Page 103 oftbe Deed Records of Denton County, Texas, said parcel being more
particularly described by metes and bounds as follows:
COMMENCING at an iron rod being the northwest comer of a 10.412 acre txact of land descried in Deed
Recorded in Volume 751, Page 957 of the Deed Records of Denton County, Texas;
THENCE North 02° 36'22" East, 36.61 feet to a U.S.A. concrete monument No. 8-185-1;
THENCE North 03 ° 07'01" East, 501.30 feet to a con~t~-te monument found for the POINT OF BEGINNING;
THENCE North 15 ° 19' 38" East, 575.23 feet to a concrete monument found for a comer;
THENCE South 89 ° 47' 31" West, 200.00 feet to a concrete monument found for a corner;
THENCE North 01 ° 33' 59" West, 919.20 feet to a 5/8" iron rod with a cap stamped Carter and Burgess set for
the southwest comer of the tract;
THENCE South 86° 36' 05" East, 571.96 feet to a 5/8r' iron rod with a cap stamped Carter and Burgess set for
the northwest comer of the tract, being in the west right-of-way line of F.M. 423;
THENCE along and with the west right-of-way line of said F.M. 423 the following seven courses and distances:
South 05° 30' 23" West, 18.78 feet to a 3/4" iron rod found for angle point;
South 00° 33' 13" West, 800.00 feet to a 5/8" iron rod set capped "Carter & Burgess: for angle point;
South 22° 21' 18" West, 107.70 feet to a 5/8" iron rod set capped "Carter & Burgess: for angle point;
South 00° 33' 13" West, 200.00 feet to a 5/8" iron rod set capped "Carter & Burgess: for angle point;
South 21 ° 14'52" East, 107.70 feet to a 5/8" iron rod set capped "Carter & Burgess: for angle point;
South 00° 33' 13" West, 600.00 feet to a 5/8" iron rod set capped "Caner & Burgess: for angle point;
South 11 o 51' 49" West, 42.54 feet to a 5/8" iron rod set capped "Carm' & Burgess: for angle point;
THENCE North 48° 07' 41" West, 631.10 feet leaving the west fight-of-way line of F.M. 423 to the POINT
OF BEGINNING and containing 815,969 square feet or 18.732 acres ofland, more or less.