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HomeMy WebLinkAboutOrdinance No. 36ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, A14ENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, HAS HERETOFORE AMENDED, SO AS TO CHANGE TRACT A AND D FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO SINGLE FA14ILY DIS- TRICT CLASSIFICATION SUBJECT TO SPECIFIC USE PERMIT FOR A DAY CARE CENTER; CHANGING TRACT B FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO OFFICE DISTRICT 1 DISTRICT CLASSIFICATION; CHANGING TRACT C FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO GENERAL RETAIL DISTRICT CLASSIFICATION; SAID TRACTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas being in the City of The Colony, Texas, and being more particularly de- scribed as follows: COMMENCING at the point of intersection of the south line of Colony Blvd. (100' R.O.W. at this point) and the west line of Branch Hollow Drive (50' R.O.W.) both as ded- icated with The Colony No. 1, an addition to Denton County, Texas; THENCE S 00° 07' 50" W 289.00 feet along said west line to the Place of Beginning; THENCE FROM THE PLACE OF BEGINNING S 00° 07' 50" W, 150.00 feet; THENCE N 890 52' 10" W, 130.00 feet; THENCE N 000 07' 50" E, 150.00 feet; THENCE S 890 52' 10" E, 130.00 feet to the Place of Beginning and containing 0.448 acre of land. TRACT B Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas and being in the City of The Colony, Texas, and being more particularly described as follows: BEGINNING at the point of intersection of the south line of Colony Blvd. (100 ft. R.O.W. at this point) and the west line of Branch Hollow Drive (50'R.O.W.) both as dedicated with The Colony No. 1, an addition to Denton County, Texas; THENCE S 000 07' 50" W, 125.00 feet along said west line; THENCE S 890 59' 42" W, 430.00 feet to the east line of Highway FM 423; THENCE N 000 07' 50" E, 150.00 feet along said east line; THENCE N 890 59' 42" E, 430.00 feet to the Place of Beginning and containing 1.234 acres of land. TRACT C Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas and being in the City of The Colony, Texas, and being more partic- ularly described as follows: COMMENCING at the point of intersection of the south line of Colony Blvd. (100' R.O.W. at this point) and the west line of Branch Hollow Drive (50' R.O.W.) both as ded- icated with The Colony No. 1, an addition to Denton County, Texas; THENCE S 001 07' 50" W, 125.00 feet along said west line to the Place of Beginning; THENCE S 000 07' 50" W, 164.00 feet along said west line; THENCE N 890 52' 10" W, 130.00 feet; THENCE S 000 07' 50" W, 1056.31 feet; THENCE N 890 59' 42" W, 300.00 feet to the east line of Highway FM 423; THENCE N 000 07' 50" E, 1220.00 feet along said east line; THENCE N 390 59' 42" E, 430.00 feet to the Place of Begin- ning and containing 8.891 acres of land. TRACT D Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 194, Denton County, Texas, and being more particularly described as follows: BEGINNING at the Intersection of the north line of a 15 foot width alley and the east line of Paige Road; THENCE In a northerly direction along said east line with a curve to the right, chord bearing N 22° 26' 32" E, said curve having a central angle of 25° 31' 06" and a radius of 750.00 feet, a distance of 334.03 feet; THENCE In a northerly direction continuing along said east line with a curve to the left, said curve having a central angle of 161 19' 30" and a radius of 901.23 feet, a distance of 256.78 feet; THENCE S 000 17' 55" E, 532.86 feet; THENCE S 890 42' 05" W, along the north line of a 15 foot width alley, 245.59 feet to the place of beginning and containing 1.638 acres of land. PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of the Colony, Texas, and the City Council of the City of the Colony, in compliance with the laws of the State of Texas, and with the provisions of the Comprehensive Zoning Ordinance of the City of the Colony, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners -2- generally and to the persons interested and situated in the affected areas and in the vicinity thereof, the governing body of the City of the Colony is of the opinion that the zoning should be granted, Now Therefore, BE IT ORDAINED by the City Council of the City of the Colony, Texas: SECTION 1. That the Comprehensive zoning Ordinance of the City of the Colony, Texas,be, and the same is hereby, amended by amending the zoning map of the City of the Colony so as to change the following described property zoning classification from "Single Family District Classification" to "Single Family District Classification Subject to Specific Use Permit for a Day Care Center." That the property is described as follows: TRACT A Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denten County, Texas being in the City of The Colony, Texas, and being more particularly de- scribed as follows: COMMENCING at the point of intersection of the south line of Colony Blvd. (100' R.O.W. at this point) and the west line of Branch Hollow Drive (50' R.O.W.) both as ded- icated with The Colony No. 1, an addition to Denton County, Texas; THENCE S 00° 07' 50" W 289.00 feet along said west line to the Place of Beginning; THENCE FROM THE PLACE OF BEGINNING S 00° 07' 50" W, 150.00 feet; THENCE N 890 52' 10" W, 130.00 feet; THENCE N 000 07' 50" E, 150.00 feet; THENCE S 890 52' 10" E, 130.00 feet to the Place of Beginning and containing 0.448 acre of land. TRACT D Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 194, Denton County, Texas, and being more particularly described as follows: BEGINNING at the Intersection of the north line of a 15 foot width alley and the east line of Paige Road; THENCE In a northerly direction along said east line with a curve to the right, chord bearing N 220 26' 32" E, said curve having a central angle of 250 31' 06" and a radius of 750.00 feet, a distance of 334.03 feet; THENCE In a northerly direction continuing along said east line with a curve to the left, said curve having a central angle of 16° 19' 30" and a radius of 901.23 feet, a distance of 256.78 feet; -3- THENCE S 000 17' 55" E, 532.86 feet; THENCE S 890 42' 05" W, along the north line of a 15 foot width alley, 245.59 feet to the place of beginning and containing 1.638 acres of land. SECTION 2. That the herein described property shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of the Colony, as heretofore amended, and as amended herein by the granting of this zoning classification, subject to the following special conditions and requirements: A. The developer shall construct an eight (8) foot masonry or concrete fence at least five (5) feet inside its property line on the alleyway between Tract C and the Single Family District adjacent thereto on Branch Hollow Drive. B. No sign on any building constructed on any of the tracts described in this ordinance shall be higher than the maximum height or top of such building. C. Drainage plans for the herein described tracts shall be submitted to the City and approved by the City Engineer prior to the issuance of any building permits for any of such tracts. D. Prior to the issuance of any building permit for any building on Tract C, the developer shall construct a landscape berm of not less than feet above normal grade along the west side of Tract C parallel to FM 423, and such berm shall be constructed in accordance with a site plan to be submitted by the Developer, and approved by the City Administrator. Said berm shall be set back from the building line adjacent to FM 423 an adequate distance to provide a clear view of FM 423 from any point on Tract C. E. No center pole or other lighting on any of the tracts described herein shall be situated so as, to shine upon any residential area or constitute a glare or nuisance to such residential areas. F. The developer shall provide a decelleration ramp and entry way off of FM 423 into Tract C at an appropriate -4- area along the west side of Tract C adjacent to FM 423. G. The completion of the special conditions set out above shall be reviewed and approved by the City Adminis- trator prior to the issuance of any building permit for Tract C. SECTION 3. That the Comprehensive Zoning Ordinance of the City of the Colony, Texas, be, and the same is hereby amended by amending the zoning map of the City of the Colony, so as to change the following described property zoning classification from "Single Family District Classification" to "Office 1 District Classification." That the property is described as follows, to -wit: TRACT B Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas and being in the City of The Colony, Texas, and bE:ing more particularly described as follows: BEGINNING at the point of intersection of the south line of Colony Blvd. (100 ft. R.O.W. at this point) and the west line of Branch Hollow Drive (50' R.O.W.) both as dedicated with The Colony No. 1, an addition to DE!nton County, Texas; THENCE S 000 07' 50" W, 125.00 feet along said west line; THENCE S 390 59' 42" W, 430.00 feet to the east line of Highway FM 423; THENCE N 000 07' 50" E, 150.00 feet along said east line; THENCE N 890 59' 42" E, 430.00 feet to the Place of Beginning and containing 1.234 acres of land. SECTION 4. That the Comprehensive Zoning Ordinance of the City of the Colony, Texas, and thE! same if hereby, amended by amending the zoning map of the City of the Colony, so as to change the following described property zoning classification from "Single Family District Classification" to "General Retail District." That the property is described as follows, to -wit: TRACT C Being a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas and being in the City of The Colony, Texas, and being more partic- ularly described as follows: -5- COMMENCING at the point of intersection of the south line of Colony Blvd. (100' R.O.W. at this point) and the west line of Branch Hollow Drive (50' R.O.W.) both as ded- icated with The Colony No. 1, an addition to Denton County, Texas; THENCE S 00° 07' 50" W, 125.00 feet along said west line to the Place of Beginning; THENCE S 000 07' 50" W, 164.00 feet along said west line; THENCE N 890 52' 10" W, 130.00 feet; THENCE S 000 07' 50" W, 1056.31 feet; THENCE N 890 59' 42" W, 300.00 feet to the east line of Highway FM 423; THENCE N 000 07' 50" E, 1220.00 feet along said east line; THENCE N 890 59' 42" E, 430.00 feet to the Place of Begin- ning and containing 8.891 acres of land. SECTION 5. That all ordinances of the City of the Colony in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of the Colony not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordiance of the City of the Colony and, upon con- viction, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, on the day of 1978. APPROVED: ,M*t-t /AC�n 0 �R ATTESi� 7A CITY SECRETAR APPROVED AS TO FORM: CITY ATTORNEY -6- ORDINANCE NO. 25 1' AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, HAS HERETOFORE AMENDED, SO AS TO CHANGE TRACT A AND D FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO SINGLE FAMILY DIS- TRICT CLASSIFICATION SUBJECT TO SPECIFIC USE PERMIT FOR A DAY CARE CENTER; CHANGING TRACT B FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO OFFICE DISTRICT 1 DISTRICT CLASSIFICATION; CHANGING TRACT C FROM SINGLE FAMILY DISTRICT CLASSIFICATION TO GENERAL RETAIL DISTRICT CLASSIFICATION; SAID TRACTS BEING MORE PARTICULARLY DESCRIBED THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, on the day of z�/� 1978. APPROVED: ATTEST: /r � �' �? r Oy d CITY SECRETARY