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HomeMy WebLinkAboutOrdinance No. 00-1214 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING PLANNED DEVELOPMENT ORDINANCE NO. 954 BY APPROVING AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT "PD-8" FOR A CERTAIN 233.206 ACRE TRACT OF LAND LOCATED WEST OF FM 423, ON THE NORTH AND SOUTH SIDE OF NORTH COLONY BOULEVARD, SITUATED IN THE PATRICK O'LEARY SURVEY ABSTRACT NUMBERS 244 AND 978, THE B.B.B & C.R.R. SURVEY ABSTRCT NUMBER 181, AND THE R.G. DUNLAP SURVEY ABSTRACT NUMBER 352, 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. Development standards, That the area regulations and development standards labeled Exhibit "B" attached hereto and incorporated herein, is hereby approved; and Section 4. Applicable regulations. That all development standards for single family development shall be subject to the terms and conditions of this ordinance and Planned Development Ordinance #954 dated 19th December, 1996, and where applicable, regulations contained in the Comprehensive Zoning Ordinance, and other ordinances and regulations of the City. Section 5. 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 6. 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 7. 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 8. 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 9. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. C.,~ ASSE~D APP~ROVED by the City Council of the City of The Colony, Texas this ] 7/-~day of",~d~f~ , 2000. ~'"Wil-~an~ WTM~ing M~or ~ ATTEST: Patti A. Hicks, T~C, CiW Secret~ APPROVED AS TO FORM: Tiffany Hae~ng,~Ci~y Attomey~ i../'__ PARCEL 3 / :Tll'~r~T' '~'~ TRACT F ~ - - ~o. 2~ ..... PARCEL 2 ! TRACT E.. b~,~ SPAC~ /~ - PARCEL 4 ~ ~- --~' // T~x:r~ \ \ · ~-_'~.:~..- ::.TI~a,~T R: : . . :... '~- ~ '_PARCI~.ii:' / , · I I //' / ~i/' . . / .. e .~.__C~.~._~. EXHIBIT "A" ....... .... ...... .. ~8.t~;a~ STEWART PENINSULA EXHIBIT "B" CEDAR HILL Tract G-1 (Formerly School Site) 10.58 Acres PERMITTED USES The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. DWELLING SIZE 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. HEIGHT Two (2) Stodes with a maximum height of thirty-five (35) feet. AREA REGULATIONS Typical Lot Size: Fifty-Five (55) feet width by one hundred and ten (110) foot depth. Minimum Lot Area: Six thousand (6,000) square feet. Minimum Lot Width: Fifty-five (55) feet at the front building line. Minimum Lot Depth: One hundred (100) feet where the front building line is on a curve or a cul-de-sac. Minimum Front Yard: Twenty (20) feet. Minimum SideYard: Five (5) feet except for corner lots adjacent to residential streets which shall have a minimum side yard of ten (10) feet or adjacent to a collector street which shall have a minimum side yard of fifteen (15) feet. Minimum Rear Yard: Fifteen (15) feet except for a twenty (20) foot minimum rear entry garage setback. 93314211D.LO 1.doc Stewart Peninsula - Tract G- 1 Page I of 2 Maximim Lot Coverage: Fifty percent (50%). Garages: Two (2) car garage capacity with rear or side entry. Parking: Two (:2) spaces for each dwelling unit. Building Standards: All building standards shall comply with the City of The Colony standards in place at the passage of this ordinance. 93314211D..LOl.doc Stewart Peninsula - Tract G. 1 Page 2 of 2 LOT SUMMARY STEWART PENINSULA TRACT/PARCEL NO. OF LOTS TYPICAL SIZE HOUSE S.F. MIN. N1 84 65 x 115' 1,900 A/2 29 80 x 120' 1,900 BI1 85 55 x 110' 1,600 BI2 77 62 x 110' 1,700 BI3 49 70 x 120' 1,800 BI4 39 55 x 110' 1,700 C/1 53 25 x 100' 1,400 C/2 72 50 x 110' 1,600 C/3 16 62 x 110' 1,700 D/1 25 50 x 110' 1,600 D/3 11 62 x 110' 1,700 El1 92 55 x 110' 1,600 El2 68 62 x 110' 1,700 Fl1 40 45 x 100' 1,500 Fl2 12 55 x 110' 1,600 Fl3 68 62 x 110' 1,700 Fl4 31 62 x 120' 1,800 Gl1 43 55 x 110' 1,600 Acreage = 233.206 Existing Maximum Density - 3.72 DU/AC (As approved by Ordinance) Proposed Density - 3.46 DU/AC (Actual density of platted lots at buildout) RKF/sb 93314211D.L03.doc LOT SUMMARY STEWART PENINSULA NO. LOTS LOCATION LOT SIZE LOT MIN. SIDE YARD HOUSE MIN. TYPICAL (S.F.) (FT.) (S.F.) 53 C/1 25 x 100 2,500 0 1,400 (33) (Alternate) (40 x 100) (4,000) (5/0) (1,500) 40 F/1 45 x 100 4,500 5/0 1,500 97 C2, D/1 50 x 100 5,500 5/0 1,600 189 B1, E/l, F/2 55 x 110 6,000 5 1,600 36 B/4* 55 x 110 6,000 5 1,700 240 C/2, C/3, D/3 62 x 110 6,800 6 1,700 E2, F/3 (60 x 115) 115 Ail, F/4 65 x 115 7,400 6.5 1,900 (62 x 120) 49 B/3 70 x 120 8,400 7 1,800 29 A/2 80 x 120 9,600 8 1,900 4--3 G/1 55 x 110 6,000 5 1,600 891 * Tract BI4 created under density transfer provision due to loss of D/2. RKF/sb 93314211D.L02.doc