HomeMy WebLinkAboutOrdinance No. 03-1497 CITY OF THE COLONY, TEXAS
ORDINANCE NO. tT - 4q7
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY, THE SAME BEING APPENDIX A-ZONING
OF THE CITY'S CODE OF ORDINANCES, AS AMENDED,
BY GRANTING A SPECIFIC USE PERMIT FOR A WATER
PARK ON A 7.60 ACRE TRACT BEING LOT 1, BLOCK 1,
MEMORIAL PARK SITE, AND SITUATED ON THE NORTH
EAST CORNER OF PAIGE ROAD AND MEMORAIL DRIVE,
LOCATED IN THE BBB AND CRR SURVEY ABSTRACT
#173, IN THE CITY OF THE COLONY, DENTON COUNTY
TEXAS, AND ZONED PLANNED DEVELOPMENT "PD -14"
ZONING DISTRICT CLASSIFICATION; PROVIDING FOR
A CORRECTION OF THE OFFICIAL ZONING MAP TO
REFLECT THE CHANGE MADE HEREIN; PROVIDING 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, an application has been filed with the Planning and Zoning Commission
requesting a Specific Use Permit to operate a Water Park on a 7.60 Acre being Lot 1, Block 1,
Memorial Park Site, and situated on the northeast corner of Paige Road and Memorial Drive, and
located in the BBB and CRR Survey Abstract #173, in the City of The Colony, Denton County
Texas, and an amendment to the official zoning district map of the City in accordance with
Appendix A-Zoning of the City's Code of Ordinances (the "Comprehensive Zoning Ordinance");
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 adoption of the amendment to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; 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 adoption of this Ordinance is in the best interests of the City of The Colony, Texas and of the
public health, safety and welfare.
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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. Rezoning. Thc Comprehensive Zoning Ordinance of the City, Ordinance
No. 61, dated June 4,1979, the same being Appendix A-Zoning of the Code of Ordinances of the
City, is hereby amended and changed as follows:
A. A Specific Use Permit to operate a Water Park on a 7.60 acre tract being Lot 1,
Block 1, Memorial Park Site, and situated on the northeast corner of Paige Road
and Memorial Drive, and located in the BBB and CRR Survey Abstract//173, in
the City of The Colony, Denton County, Texas, and situated in the Planned
Development "PD-14" zoning district classification. The metes and bounds
description of the said tract is attached hereto and incorporated herein as Exhibit
B. The use and operation of the said Water Park is subject to the following condition.
1. The water park will be developed in accordance with the approved site plan,
Building elevations, landscape plan and sign details attached hereto as Exhibit
"A", "B", "C", "D" incorporated herein as part of this ordinance.
2. Maximum building height shall be in accordance with the approved site plan.
3. The water park shall be opened for business during daylight hours.
Section 3. Zoning map. The Director of Planning and Development is hereby directed
to mark and indicate on the official Zoning District Map of the City to reflect the zoning change
herein made.
Section 4. Applicable regulations. In all respects the said tract and all development
thereon shall be subject to the standards, terms and conditions of the Site plan, Landscape plan,
sign design drawing and all applicable regulations contained in the Comprehensive Zoning
Ordinance, and all other applicable and pertinent ordinances and regulations of the City.
Section 5. Purpose. The amendment to zoning herein made 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.
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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.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
the /7 day of' t~.~r~,~. 2003
City Secretary, Texans ~_-
City of The Colony,
A PPRO,~.~ F~,~.~d/~,~__~//.~,~RM:
City Attorney~
City of The C~ony, Texas
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'F:INN~H:
EXHIBIT "E"
METES AND BOUNDS DESCRIPTION
Being a 7.601 acre tract of land out of Lot 1, Block 1, Memorial Park Site according to the plat
filed for record in Cabinet Q, Page 161 of the Plat Records of Denton County, Texas (PRDCT)
and being more particularly described by metes and bounds as follows;
COMMENING at a 1/2-inch found iron rod w/"Dowdy" cap at the most southerly southwest
comer of Lot 14, Block J of the Legend Trails Phase II Addition as described by plat in Cabinet
T, Page 258-259 of the PRDCT; said point also being in the north or northeast right of way line
of Worley Drive, a 60-foot right-of-way; thence South 59 degrees 51 minutes 33 seconds East
along the north or northeast right of way line of said Worley Drive for a distance of 21.00 feet to
a point; thence South 30 degrees 08 minutes 27 seconds West, departing said north or northeast
right of way line, for a distance of 60.00 feet to a point for the intersection of the south or
southwest right of way line of Worley Drive and the west or northwest line of a 100-foot
drainage and utility easement shown on said Memorial Park Site plat; thence continue South 30
degrees 08 minutes 27 seconds West along the west or northwest line of said 100 foot drainage
and utility easement for a distance of 343.78 feet to a 1/2-inch set iron rod with yellow plastic
cap stamped "HALFF ASSOC., 1NC.", hereinafter referred to as set iron rod "with cap", for the
POINT OF BEGINNING;
THENCE along the west or northwest line of said 100-foot drainage and utility easement the
following calls and distances;
South 30 degrees 08 minutes 27 seconds West for a distance of 88.69 feet to set iron rod
with cap for the point of curvature ora tangent curve to the fight having a radius of
1,230.00 feet and whose long chord bears South 52 degrees 00 minutes 12 seconds West
a distance of 916.05 feet;
Southwesterly, along said curve to the right through a central angle of 43 degrees 43
minutes 29 seconds and an arc distance of 938.66 feet to a set iron rod with cap for the
point of compound curvature ora tangent curve to the right having a radius of 25.00 feet
and whose long chord bears North 73 degrees 40 minutes 24 seconds West a distance of
26.84 feet;
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THENCE northwesterly, departing said 100-foot drainage and utility easement and along said
curve to the right though a central angle of 64 degrees 55 minutes 17 seconds and an arc distance
of 28.33 feet to a set iron rod with cap for the point of reverse curvature of a tangent curve to the
left having a radius of 125.00 feet and whose chord bears North 59 degrees 17 minutes 53
seconds West a distance of 77.61 feet;
THENCE northwesterly, along said curve through a central angle of 36 degrees 10 minutes 14
seconds and an arc distance of 78.91 feet to a set iron rod with cap for the point of reverse
curvature of a tangent curve to the right having a radius of 25.00 feet and whose chord bears
North 45 degrees 45 minutes 54 seconds West a distance of 26.21 feet;
THENCE westerly, along said curve to the fight through a central angle of 63 degrees 14
minutes 12 seconds and an arc distance of 27.59 feet to a set iron rod with cap for the point of
reverse curvature of a tangent curve to the left having a radius of 970.00 feet and whose chord
bears North 16 degrees 39 minutes 18 seconds West a distance of 84.91 feet; said point on the
east line of said 100-foot drainage and utility easement;
THENCE along the east line of said 100-foot drainage and utility easement the following calls
and distances;
Northerly, along said curve to the left through a central angle of 05 degrees 01 minute 00
seconds and an arc distance of 84.93 feet to a set iron rod with cap for the point of reverse
curvature of a tangent curve to the fight having a radius of 670.00 feet and whose long
chord bears North 15 degrees 57 minutes 36 seconds West a distance of 72.58 feet;
Northerly, along said curve to the fight through a central angle of 06 degrees 12 minutes
36 seconds and an arc distance of 72.62 feet to a set iron rod with cap; said point on the
east line of a 50-foot Lone Star Gas Easement as described in Volume 734, Page 215 of
the Deed Records of Denton County, Texas (DRDCT);
THENCE North 17 degrees 12 minutes 16 seconds East departing said 100-foot drainage and
utility easement and along the east line of said 50-foot Lone Star Gas Easement for a distance of
225.78 feet to a set iron rod with cap for the point of curvature ora non-tangent curve to the left
having a radius of 61.50 feet and whose long chord bears North 87 degrees 36 minutes 21
seconds East a distance of 28.32 feet;
THENCE easterly, along said curve to the left through a central angle of 26 degrees 37 minutes
14 seconds and an arc distance of 28.57 feet to a set iron rod with cap for the point of compound
curvature of a tangent curve to the left having a radius of 183.50 feet and whose long chord bears
North 55 degrees 16 minutes 46 seconds East a distance of 119.58 feet;
THENCE easterly, along said curve to the left through a central angle of 38 degrees 01 minute
56 seconds and an arc distance of 121.80 feet to a set iron road with cap for the point of reverse
curvature ora tangent curve to the right having a radius of 29.00 feet and whose long chord bears
North 63 degrees 01 minute 03 seconds East a distance of26.11 feet;
THENCE northeasterly, along said curve to the right through a central angle of 53 degrees 30
minutes 30 seconds and an arc distance of 27.08 feet to a set iron rod with cap;
THENCE North 89 degrees 46 minutes 18 seconds East for a distance of 109.57 feet to a set
iron rod with cap for the point of curvature of a tangent curve to the left having a radius of
313.50 feet and whose long chord bears North 74 degrees 45 minutes 09 seconds East a distance
of 162.48 feet;
THENCE easterly, along said curve to the left through a central angle of 30 degrees 02 minutes
18 seconds and an arc distance of 164.36 feet to a set iron rod with cap;
THENCE North 59 degrees 44 minutes 00 seconds East for a distance of 212.44 feet to a set
iron rod with cap for the point of curvature ora curve to the right having a radius of 236.50 feet
and whose long chord bears North 88 degrees 31 minutes 56 seconds East a distance of 227.86
feet;
THENCE northeasterly, along said curve to the right through a central angle of 57 degrees 35
minutes 51 seconds and an arc distance of 237.74 feet to a set iron rod with cap for the point of
compound curvature of a tangent curve to the right having a radius of 59.00 feet and whose long
chord bears South 46 degrees 09 minutes 23 seconds East a distance of 33.54 feet;
THENCE southeasterly, along said curve to the right through a central angle of 33 degrees 01
minute 31 seconds and an arc distance of 34.01 feet to a set iron rod with cap for the point of
reverse curvature of a tangent curve to the left having a radius of 69.00 feet and whose long
chord bears South 32 degrees 24 minutes 21 seconds East a distance of 6.65 feet;
THENCE southeasterly, along said curve to the left though a central angle of 05 degrees 31
minutes 24 seconds and an arc distance of 6.65 feet to the POINT OF BEGINNING and
containing 331,111 square feet or 7.601 acres of land, more or less.
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