HomeMy WebLinkAboutOrdinance No. 01-1327 CITY OF THE COLONY, TEXAS
ORDINANCE NO. C~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR A CHANGE IN ZONING FROM
OFFICE "O-I" AND OFFICE "0-2" ZONING DISTRICT CLASSIFICATION TO
BUSINESS PARK "BP" ZONING DISTRICT CLASSIFICATION ON A 26.845
ACRE TRACT OF LAND DESCRIBED HEREIN; AND PROVIDING FOR A
PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 23rd day of October, 2001, and for which notice was
given and a public hearing held in accordance with law, the Planning and Zoning Commission did consider
and make recommendations to the City Council on a request for a change of zoning from Office "O-1" and
Office "0-2" to Business Park "BP" zoning district classification. (Case No. 2001-Z004); and
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 of the residents of the City of The Colony:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION I: That the 26.845 acre tract comprising of tracts "E"(6.184 acres) and "D" (20.661 acres)
the metes and bounds description of which are included in Exhibit "A" and shown on the Exhibit "B" attached
hereto and incorporated herein, and located in the City of The Colony, Denton County, Texas; is hereby zoned
Business Park "BP" zoning district classification in accordance with the comprehensive zoning ordinance of
the City of The Colony; and
SECTION II: That the Permitted uses shall be all principal and accessory uses which are allowed by
right in the Business Park "BP" zoning district classification, in accordance with Appendix A, Section 10 of
the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable
regulations of the Business Park "BP" Zoning District Regulations and the Comprehensive Zoning Ordinance,
as amended, and all other applicable ordinances of the City.
SECTION III: That the Official Zoning Map is hereby amended to reflect the action taken herein.
SECTION IV: 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 V: 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 VI: Savings Clause; This Ordinance shall be cumulative of all other ordinances of the
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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 VII: That this ordinance shall become and be effective from and after its date of passage
as provided by law. ~ ~)
PASSED AND APPROVED this the -- day of Yt~lq¥-~ 2001.
8 ~t~F~ S~.~ ~' , //~ ~l~lerr~tt a- H'~nvill e - Shannon, Mayor
~~Y~icks, TMRC, ~ity Secretary
APPROVED AS TO FORM:
G--o~don Hil~el, - .~. .... ---
City Attorney
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APPENDIX "A"
BEING a portion of a tract of land conveyed to V.J. Etchieson by deed recorded in Volume 623, Page 85,
Deed Records, Denton County, Texas, in the B.B.B. & C. Railroad Company Survey, Abstract No. 173,
situated in the City of The Colony, Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 5/811 iron rod set with red plastic cap "stamped R.P.L.S. 51991, at the Northeast comer
of a 5.876 acre tract of land conveyed to Dats Colony, Ltd., by deed recorded in Volume 4088, Page 766 Deed
Records, Denton Count, Texas and being in the west right-of-way line of F.M. Road No. 423 (1101 right-of-
way);
THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a
distance of 250-00 feet to a 5/811 iron rod with red plastic cap stamped "R.P.L.S. 519911 set at the POINT OF
BEGINNING;
THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a
distance of 291.42 feet to a 5/811 iron rod with red plastic cap stamped "R.P.L.S. 5199 set for comer;
THENCE North 00 Degrees, 22 Minutes, 23 Seconds, East departing north line of said 5.876 acre tract a
distance of 236.45 feet to a 5/811 iron rod with red plastic cap stamped "R.P.L.S. 519911 set for comer in the
south line of The Colony No. 33 as recorded in Cabinet D, Page 281, Map Records, Denton County, Texas;
THENCE South 89 Degrees, 04 Minutes, 11 Seconds, East along the south line of said The ColonyNo. 33 at a
distance of 216.93 feet, passing the southeast comer of said The Colony No. 33 and the southwest comer of
Kwik Kar Addition as recorded in Cabinet D, Page 281, Map Records, Denton County, Texas and continuing
along said north line and along said Kwik Kar Addition a total distance of 293.94 feet to a 5/811 iron rod with
red plastic cap stamped "R.P.L.S. 5199 set for comer;
THENCE South 00 Degrees, 59 Minutes, 00 Seconds, West along said west right-of-way line of F.M. Rood
No. 423,235.59 feet to the POINT OF BEGINNING, and containing 69,077 square feet or 1.586 acres of
land, more or less.
BEING a portion of a tract of land conveyed to V.J. Etchieson by deed recorded in Volume 623, Page 85,
Deed Records, Denton County, Texas, in the B.B.B. & C. Railroad Company Survey, Abstract No. 173,
situated in the City of The Colony, Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 5/811 iron rod set with red plastic cap "stamped R.P.L.S. 519911 at the Northeast comer of
a 5.876 acre tract of land conveyed to Dats Colony, Ltd., by deed recorded in Volume 4088, Page 766 Deed
Records, Denton Count, Texas and being in the west right-of-way line of F.M. Road No. 423 (1101 right-of-
way);
THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a
distance of 250.00 feet to a 5/811 iron rod with red plastic cap stamped "R.P.L.S. 519911 set for comer;
THENCE North 00 Degrees, 59 Minutes, 00 Seconds, East departing north line of said 5.876 acre tract a
distance of 235-59 feet to a 5/811 iron rod with red plastic cap stamped "R.P.L.S. 519911 set for comer in the
south line of Kwik Kar Addition as recorded in Cabinet PI Page 167, Map Records, Denton County, Texas;
THENCE South 89 Degrees, 04 Minutes, 11 Seconds, East along the south line of said Kwik Kar Addition at a
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distance of 99.00 feet, passing the southeast comer of said Kwik Kar Addition and the southwest comer of
Murchison Addition as recorded in Cabinet F, Page 281, Map Records, Denton County, Texas and continuing
along said north line and along said Murchison Addition a total distance of 250.00 feet to an iron rod with cap
found for comer in the west right-of-way line of F.M. Road No. 423;
THENCE South 00 Degrees, 59 Minutes, 00 Seconds, West along said west right-of-way line of F.M. Rood
No. 423,234.87 feet to the POINT OF BEGINNING, and containing 58,807 square feet or 1.350 acres of
land, more or less.
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