HomeMy WebLinkAboutOrdinance No. 00-1182 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. OO-t
AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR A CHANGE IN ZONING
FROM PLANNED DEVELOPMENT "PD-9" TO SHOPPING CENTER "SC"
ZONING DISTRICT CLASSIFICATION FOR PROPERTY DESCRIBED
HEREIN; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 22"d day of February, 2000, and for which
notice was given and a public heating 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 Planned Development "PD-9" to Shopping Center zoning district classification (Case
No. 2000-Z001); and
WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan
of the City of The Colony, as amended; 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:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That the 5.1239 acre tract of land located south of South Colony Boulevard and
east of and abutting Paige Road and situated in the B.B.B. and C.R.R. Survey, Abstract No. 173, The
Colony, Denton County, Texas, and more specifically described on the attached Exhibit A, which
exhibit is incorporated herein for all purposes, is hereby rezoned from Planned Development "PD-9"
to Shopping Center "SC" zoning district classification in accordance with Appendix A, Zoning, of
the Code of Ordinances.
Section 2. That the Permitted uses shall be all principal and accessory uses which are
allowed by right in the shopping center "SC" Zoning District, 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 Shopping Center Zoning District and the
Comprehensive Zoning Ordinance, as amended, and all other applicable ordinances of the City.
Section 3. That the Official Zoning Map is hereby amended to reflect the action taken
herein.
Section 4. 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 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 valid 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 6. Savings Clause. This ordinance shall be cumulative of other ordinances of
the 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 7. That this ordinance shall become and be effective from and after its date of
passage as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas on this
the 20~h day of March, 2000.
ATTEST: William W. Manning, Mayor ~
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City At~-i~y ~
APPENDIX "A"
LEGAL DESCRIPTION
Being 223,197 square feet or 5.1239 acre tract of land situated in the 8.8.B. & C.R.R. Co. Survey,
Abslract No. 173, City of the Colony, Denton County, Texas, and being part of a called 781.450 acre
tract of land Conveyed to Paise/121 Partnership. Ltd. by Special Warranty'Deed recorded in CoUnty
Clerk File No. 96-R0068033, Deed Records of Denton County, Texas, and berg more particularly
described as follows:
BEGINNING at a set "x~ cut on concrete for a comer at the intersection of the south line of South
Colony 8oulevard (formerly Colony Boulevard, a called 50 foot right of way) W~th the east line of
Paise Road (a 100 foot right of way);
THENCE, S 89"38'14" E, wqh the South line of South Colony Boulevard, a distance of 257.08 feet to
a found PK nail for an angle point;
THENCE, S 89038'4,5" E, continuing with the south line of South Colony Boulevard, a distance of
3,66.98 feet to a four-,d ¼ inch iron rod for a comer, said point being the most southerly southwest
corner of a called 222.569 acre tract of land conveyed to Legends Partners, Lid. by deed recorded in
County Clerk File No. 98--R-001 7070, Deed Records of Denton County, Texas and said point being in
the west line of a called 456.698 acre tract of land conveyed to Legend Villages, LLC. by Special
Warranty Deed recorded in County Clerk File No. 96-R0068043, Deed Records of Denton County,
Texas;
THENCE, S 00°33'48' W, departing the sot~th line of South Colony Boulevard and-W~th the west line
of the said Legend Vii ages, EEC. tract, a distance of 355.93 feet to a found ¼ inch iron rod for a
corner;
THENCE, S 89°46'18, W, with the r'K~rth line of the said Legend Villages, EL.C: tract, a distance of
619.11 feet to a found ¼ inch iron rod for a comer in the east tine of Paise Road;
THENCE. N 00°13'42. W, w~th the east line of PaIse Road, a distance of 362.27 feet to the Point of
Begmmng.