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HomeMy WebLinkAboutOrdinance No. 97-968 ORIGINAL PLANNING DEPARTMENT PLANNED DEVELOPMENT NO. 10 and 12 City of The Colony DEVELOPMENT NAME: Billingsley ORDINANCE NUMBER ~'7-~O~ AN ORDINANCE OF THE CITY OF THE COLONY AlVIENDING ITS COMPREHENSIVE ZONING ORDINANCE AND AMENDING PLANNED DEVELOPMENT NUMBER 10 AS ESTABLISHED BY ORDINANCE NUMBERS 369 AND 382 ON SEPTEMBER 10, 1985 AND NOVEMBER 4, 1985, RESPECTIVELY, AND A_MENDED BY ORDINANCE NUMBER 868 ON DECEMBER 5, 1994; AND AMENDING PLANNED DEVELOPMENT NUMBER 12 AS ESTABLISHED BY ORDINANCE NUMBER 919 ON JANUARY 15, 1996; PROVIDING FOR A REDUCTION IN PARKING REQUIREMENTS FOR THE (MF-2 AND MF-3) MULTI-FAMILY RESIDENTIAL DISTRICTS FROM 2.0 PARKING SPACES PER DWELLING UNIT TO 1.7 PARKllqG SPACES PER DWELLING UNIT; UPON PROPERTY LOCATED GENERALLY SOUTH OF STATE FIIGHWAY 121, ON BOTH THE EAST AND WEST SIDE OF PLANO PARKWAY; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 1 lth day of February, 1997, the Planning and Zoning Commission did consider and make recommendations on a certain request to amend Planned Development Districts (Case No. 02-97Z 1). WHEREAS, the City Council, after determining ail 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 CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Planned Development Numbers 10 is hereby amended for a certain 684.0 acre tract situated in the Samuel B. Evens Survey, Abstract No. 387, the David Andrews Survey, Abstract No. 18, the Thomas A. West Survey, Abstract No. 1344 and the Benjamin Schoonover Survey, Abstract No. 1208, Denton County, Texas, and that Planned Development 12 is hereby amended for a certain 266.17 acre tract situated in the David Andrews Survey, Abstract No. 18, the Samuel B. Evans Survey, Abstract No. 397, the B. Martin Survey, Abstract 827, the Benjamin Schoonover Survey, 01.95.0g/pform~297Z 1 Page 1 Abstract No. 1208 and the Thomas West Survey, Abstract No. 1344, Denton County, Texas; which are generally located south of State Highway 121, on both the east and west side of Plano Parkway, and more specifically described on the attached Exhibits A and B. Section 2. That Planned Development 10 and 12 are hereby amended and that development shall be in accordance with the following special conditions, restrictions, and regulations: 1. The off-street parking requirement for the (Ml:-2 and MF-3) Multi-Family Residential District shall be 1.7 parking spaces per dwelling unit. Section 3. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 4. Penalty Clause That any person, finn or cotl~oration 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 a 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 portions 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 Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. That Ordinance Numbers 369, 382, 868 and 919, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 01 · 95.08/P fom'u'0297Z 1 Page 2 Section 7. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 3r,,day of March, 1997. c, o co osy By: ~"~ ~// . William W. Man~ng Mayor ATTEST: Patti A. Hicks, TRMC City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Samuel D. Chavez x:ZZT-- City Planner 01.95.0gfipform/O297Z 1 Page 3 Exhibit A LEGAL DESCRIPTION BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 387, David Andrews Survey, Abstract No. 18 and the Thomas A. West Survey, Abstract No. 1344 in Denton County, Texas, and being more particularly described as follows: COMMENCING at a point in the north right-of-way line of F.M. 544 (80 foot right-of-way), said point also being in the most westerly line of said Samuel B. Evans Survey; TItENCE N 01 ° 55' W, along the above said westerly line of Samuel B. Evans Survey for a distance of 1364.0 feet to a point; TI~ENCE N 78045, E, leaving said survey line for a distance of 157.0 feet to a point; THENCE N 60051. E, for a distance of 72.0 feet to a point; THENCE N 72048. E, for a distance of 390.0 feet to the POINT OF BEGINNING; TIIENCE N 0! °25' W, for a distance of 220.0 feet to a point; TtlENCE N 22° 17' E, for a distance of 95.0 feet to a point; THENCE N 28025' E, for a distance of 74.0 feet to a point; THENCE N 60°40. E, for a distance of 54.0 feet to a point; TI~ENCE N 76° 19' E, for a distance of 149.0 feet to a point, said point being in the west line of the Samuel B. Evans Survey; Ti:fENCE N 00020. W, along the west line of said survey line a distance of 3883.0 feet to a point, said point also being the northwesterly corner of the Samuel B. Evans Survey; TI~ENCE N 89001, E, along the north line of said survey a distance of 475.0 feet to a point; THENCE N 89° 18~ E, continuing along north survey line of the Samuel B. Evans Survey and the David Andrews Survey for a distance of 2165.0 feet to a point; TEIENCE N 00°3 I' W, for a distance of 1650.0 feet to a point; TItENCE S 89045, W, for a distance of 1639.0 feet to a point; THENCE N 00002. W, for a distance of 1688.0 feet to a point, said point also being in the south line of The Colony city [Lrnit; THENCE east along said south line of The Colony city limit for a distance of 4296.0 feet to a point also being the west line of The Colony city limit; TltENCE S 00°53' E, along the west line of said city limit line for a distance of 1,669.0 feet to a point; THENCE S 06040, W, for a distance of 1646.0 feet to a point; TltENCE N 89049' E, for a distance of 35.0 feet to a poim; TItENCE S 07005' W, for a distance of 1700.0 feet to a point; TI~ENCE N 89°49' W, for a distance of 2100.0 feet to a point, said point also being the centerline o a future thoroughfare running north and south; TItENCE in a southwesterly direction along the centerline of said future thoroughfare along a curve to the left a distance of 1050.0 feet to a point, said point also being the centerline ora future thoroughfare; TItENCE in a southwesterly direction along the centerline of said future thoroughfare along a curve to the left and reverse curve to the right a distance of 2840.0 feet; to the POINT OF BEGINNING and containing 594 acres of land more or less. 2 Exhibit A LEGAL DESCRIPTION BEING a tract of land situated in the Benjamin Schoonover Survey, Abstract No. 1208 in Denton County, Texas and being more particularly described as follows: BEGINNING at a poim in the north line of said Benjamin Schoonover Survey and the west right- of-way line of the St. Louis and San Francisco Railroad; said point also being in the center ora public road; TlclE~NCE N 89049' E, along the eemer of said public road for a distance of 1297.0 feet to a point; THENCE S 00°01' W, for a distance of 234.0 feet to a point; TFIE~NCE S 00°54' E, for a distance of 1010.0 feet to a point; THENCE S O0° 11' W, for a distance of 440.0 feet to a point; TWIE~NCE N 89°49' W, for a distance of 1500.00 feet to a point in the west right-of-way line of said railroad; TI~NCE N 07005' E, along the west right-of-way of said railroad for a distance of 1700.0 feet to the POINT OF BEGINNING and containing 54.0 acres of land, save and except a 10 foot wide strip of land to be retained by the City of Hebron, said strip of land lying southerly and westerly of the above described tract of land. Exhibit A BEING a part of that certain 478.6553 acre tract of land annexed to the City of Carrollton, Texas by Annexation Ordinance No. 1330, in the David Andrews Survey, Abstract No. 18, the Samuel B. Evans Survey, Abstract No. 397, the B. Martin Survey, Abstract No. 827, the Benjamin Schoonover Survey, Abstract No. 1208 and the Thomas West Survey, Abstract No. 1344, situated in Denton County, Texas, and being more particularly described as follows: BEGINNING at the most Northerly Northeast corner of said 478.653 acre tract, said point being on the common line between the City of The Colony and City of Hebron; THENCE along sa~d common line between the City of The Colony and the City of Hebron as follows: SO~ 1375.33 feet; North 82°43'57" West, 339.42 feet; South 8°53'57" West, 513.10 feet; South 30°45'36" East, 10.64 feet; South 8° 14'07" West, 1201.78 feet; South 88°59'29" West, 2597.32 feet; North 0 ° 51'31" West, 526.90 feet; South 89° 10'04" West, 3190.23 feet; THENCE North 0°46' West, 340.00 feet to a point on the common line between the City of The Colony and the City of Hebron; THENCE along said common line between the City of The Colony and the City of Hebron as follows: North 89°10'03" East, 1603.17 feet;. North 6004'55" East, 733.85 feet; North 89°10'03'' East, 1490.35 feet; North 0°48'56'' West, 440.00 feet; North I°01'11'' West, 1009.11 feet; North 89°08'19" East, 10 feet;., South 1 °01'11" East, 10 feet; North, 89°08'19N East, 3225.38 feet to the PLACE OF BEGINNENG, and containing 254.9114 acres of land, more or less. 1 Exhibit A BEING a part of that certain 484.705 acre tract of/and annexed to the City of Carrollton, Texas by Annexation Ordinance No. 1330, in the Samuel B. Evans Survey, Abstract No. 397, situated in Denton County, Texas and being more particularly described as follows: COMMENCING at the most Westerly Northwest comer of said 484.705 acre tract; THENCE along the common line between the City of Carrollton and the City of Hebron as follows: North 78°45'15" East, 157.0 feet; North 60°50'35" East, 71.84 feet; North 72°48'05'' East, 197.11 feet to the PLACE OF BEGINNING of this description; THENCE North 72°48'05'' East, 192.66 feet to the beginning ora curve to the left; Northwesterly along said curve to the lei~ having a central angle of 28°40'42'', a radius of 2400.0 feet and a tangent of 613.50 feet, an arc distance of 1201.28 feet; North 44°07'23" East, 508.28 feet to the beginning of a curve to the right; Northeasterly along said curve to the right having a central angle of 19°08'15", a radius of 2000.0 feet and a tangent of 337.15 feet, an arc distance of 668.82 feet to the beginning ora curve to the left whose radius bears South 26°44'22'' East 875.0 feet; THENCE Southwesterly along said curve to the left having a central angle of 38°20'48", a radius of 875.0 feet and a tangent of 304.25 feet, an arc distance of 585.62 feet; THENCE South 24°54'49" West, 714.0 feet to the beginning ora curve to the right; THENCE Westerly along said curve to the right having a central angle of 67°40'54", a radius of 625.0 feet and a tangent of 419.05 feet, an arc distance of 738.29 feet; THENCE North 87°24'17" West, 493.29 feet to the beginning of a curve to the left; THENCE Northwesterly along said curve to the left having a central angle of 19°47'38'', a radius of 875.0 feet and a tangent of 152.66 feet, an arc distance of 302.28 feet to the PLACE OF BEGINNING, and containing 11.2509 acres of land, more or less. Exhibit B I.B.M. FRITO - o,r~ LAY SOUTHLAND LIFE I.B.M. PLANO CARROLLTON CROW/BIT.T.TNGST.~,Y DEVELOPMENT CAP. ROLLTON - THE COLONY - PIANO ~_~c~: i --....