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HomeMy WebLinkAboutOrdinance No. 99-1098ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. �-/�Y AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING PLANNED DEVELOPMENT ORDINANCE N0. 97-961 BY APPROVING AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT "PD -14" FOR A CERTAIN 456.698 ACRE TRACT OF LAND LOCATED ON THE NORTH AND SOUTH SIDE OF SOUTH COLONY BOULEVARD, BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD, SITUATED IN THE B.B.B. & C.R.R SURVEY ABSTRACTS NUMBERS 172, 173, AND 174 AND THE WILLIAM A. BRIDGES SURVEY ABSTRACT NUMBER 112 AND THE R. P. HARDIN SURVEY ABSTRACT NUMBER 611, DENTON COUNTY, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the said tract of land (the "Land"), generally described and shown on an amended concept plan, Exhibit "A" attached hereto and incorporated herein, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning Commission requesting a zoning amendment in accordance with Section 24, Appendix A -Zoning of the City's Code of Ordinances as amended; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the amended concept plan, Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has in its legislative discretion concluded that the amended concept plan is in the best interests of the City of The Colony, Texas, and of the public health, safety and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Amended concept plan. That the amended concept plan labeled Exhibit "A" attached hereto and incorporated herein, is hereby approved; and Section 3. Applicable regulations. That all development standards including residential densities shall be subject to the terms and conditions of the Planned Development Ordinance 97- 961 dated 24th February, 1997, and where applicable, regulations contained in the Comprehensive Zoning Ordinance, and other ordinances and regulations of the City. Section 4. Purpose. That the approval of the amended concept plan has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 5. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and 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 6. Penal . It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 7. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section S. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. �+ PAS ED" APPROVED by the City Council of the City of The Colony, Texas this r day o 1999. PROVED: —)/;7 1/7 G C G WVJ Mary B it Watid, Mayor ATTW: Patti A. Hicks, TRMC, City Secretary EXHIBIT "A" PROPOSED RESIDENTIAL USE SHOWS APPROX. ORIGINAL USE APPLICABLE LOT TRACT ACREAGE PER PD 97-961 STANDARDS PER PD 97-961 A 123.33 Parcel A Tract 1 and 2 Parcel A Tract 1 and 2 B 222.57 Parcel B Track 1 and 2 Parcel B Track 1 and 2 C 17.94 Proposed City Park Parcel C Track 2 D 75.35 Parcel C Tract 1 and 2 Parcel C Tract 1 and 2 E 35.00 Parcel C Tract 1 and 2 City Park Site F 2.00 City Water Tower Site City Water Tower Site G 24.81 LISD School Site L1SD School Site H 1.94 Existing Cemetary Existing Cemetary