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HomeMy WebLinkAboutOrdinance No. 01-1294 ORIGINAL CITY OF THI~ COLONY, TEXAS ORDINANCE NO. ~ I - !~ q ~L AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING PLANNED DEVELOPMENT ORDINANCE NO. 97- 961 BY AMENDING THE AREA REGULATIONS FOR PARCEL "C" TRACT #2 LOCATED IN THE LEGEND TRAILS PHASE III DEVELOPMENT BEING A 21.83 ACRE TRACT OF LAND LOCATED EAST OF PAIGE ROAD AND SOUTH OF SOUTH COLONY BOULEVARD AND SITUATED IN THE B.B.B. & C.R.R SURVEY ABSTRACT NUMBER #173, IN THE CITY OF THE COLONY, 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 thc said tract of land (the "Land"), generally described as Legend Trails, Phase IH and situated in the B.B.B & C.R.R. Survey Abstract # 173, in the City of The Colony, Denton County, Texas and located east of Paige Road and south of South Colony Boulevard, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning Commission requesting an amendment of Planned Development District #14 in accordance with Subsection 10-600, 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 area regulations for Parcel "C" Tract 2, located in the Legend Trails, Phase III development as shown on 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 area regulations: That the amended area regulations for Parcel "C" Tract 2 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. Pumose. That the approval of the amended area regulations 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. Penalty. 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 8. Effective date____~ This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 7th day of May, 2001 A I~R ~D: ~~'-~- &~S~ William W' Manning' May-°r -- & Pamela J. Russell, TRMC Deputy City Secretary APPROVED AS TO FORM: "EXHIBIT A" PARCEL C - TRACT 2 Permitted Uses The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Dwell~ Sixteen hundred (1,600) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. Two (2) stories with a maximum height of thirty-five (35) feet. Area Reeulation.~ Typical Lot Size: Forty (40) foot width by one hundred and ten (110) foot depth. Minimum Lot Area: Four thousand four hundred (4,400) square feet. Minimum Lot Width: Forty (40) feet at the front building line except where the front building line is on a curve or cul-de-sac in which case the minimum may be reduced to thirty-five (35) feet. Minimum Lot Depth: One hundred (100) feet except where the front building line is on a curve or cul-de-sac in which case the minimum may be reduced to ninety-five (95) feet. Minimum Front Yard: Twenty (20) feet, except for Lots 18-47, Block K, Legend Trails Phase III, which shall have a minimum front yard of eighteen (18) feet. Minimum Side Yard: Five (5) feet if building centered, or ten (10) feet between houses if zero lot line except for comer lots adjacent to residential streets which shall have a minimum side yard of ten (10) feet. Minimum Rear Yard: Twenty (20) feet. Garages: Two (2) car garage capacity. Maximum Lot Coverage: Fifty-five percent (55%) Parking: Two (2) spaces for each dwelling unit.