HomeMy WebLinkAboutOrdinance No. 05-1600
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 05"- J(P~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE
COLONY, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM PD-12, (pLANNED DEVELOPMENT-12) TO PROVIDE FOR
A TWENTY-FIVE PERCENT (25%) MASONRY REQUIREMENT ON A .096:t
ACRE TRACT OF LAND, BEING MORE PARTICULARLY DESCRIBED IN
EXlllBIT "A", ATTACHED HERETO, AND INCORPORATED HEREIN FOR
ALL PURPOSES; PROVIDING FOR DEVELOPMENT STANDARDS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of The
Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning
Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons
interested and situated in the affected area and in the vicinity thereof, the said governing body is of the
opinion that Zoning Application No. Z05-0003 should be approved, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony,
Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from PD-12, (Planned Development-12) to PD-12-
Revised (Planned Development-12-Revised) to provide for a twenty-five percent (25%) masonry
requirement on a .096 ~ acre tract of land, being more particularly described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
SECTION 2. This Planned Development shall be developed and used only in accordance with
Ordinance No. 919, except as amended herein.
SECTION 3. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended and
as amended herein.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict
with the provisions of this ordinance be, and the same ate hereby, repealed, and all other provisions not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
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75571
SECTION 7. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the
City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall
continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage and the
publication of its caption, as the law and charter in such cases provide.
PASSED by the City Council of the City of The Colony, Texas, this the ~ day of
,2005.
ATIrr~ LJ~
CHRISTIE WILSON, CI1Y SECRETARY
/
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75571
EXHIBIT A
LEGAL DESCRIPTION
BEING 0 tract or porcel of lond sifuot~d in the John B. Martin Survey, Abstract Number 827 in the
City of The Colony, Denton County, Texas and being port of Lot 5, Block B, of the Parks of Austin
Ronch Addition, on oddition to the City of the Colony, os recorded in Cabinet W, Page 230, Plot
Records, Denton County, Texos ond being more particularly described os fo/lows:
COMMENCING at 0 7/2 inch iron rod found at the Northeast corner of said Lot 5, Block B of the
ParkS of Austin Ranch Addition and also being 0 point olang the west line of West Arbor Hills Way
(0 60' R.O.W.) and also being the beginning of 0 curve to the left whose chord bears South
40'05 '25. East, 464. 18 feet;
THENCE in 0 Southeasterly direction along said West Arbor Hills Way and along said curve to the
left having 0 central angle of 21'03'35., 0 rodius of 1270.00 feet, and on arc length of 466.80
feet to the POINT OF BEGINNING;
BEGINNING ot 0 point for corner along the west line of said West Arbor Hills Way and also being
the beginning of 0 curve to the left whose chord bears South 51'58'25- East, 60.00 feet;
THENCE in 0 Southeasterly direction olong said west line of West Arbor Hills Way and olong said
curve to the left having 0 centrol ongle of 02'42'26., 0 radius of 1270.00 feet, and on arc length
of 60.01 feet to 0 point for corner;
THENCE, deporting from said west line of West Arbor Hills Way, South JErO, '35. West, 0 distance
of 75.00 feet to 0 point for corner;
THENCE North 42'30'4 ,. West, 0 distonce of 60.83 feet to 0 point for corner;
THENCE North 38'0"35" East, 0 distance of 65.00 feet to the POINT OF BEGINNING and containing
0.096 acres of land, more or less.
May. 2005
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SPENCER HOUSE BOUNDARY EXHIBI
PARKS OF AUSTIN RANCH ADDITION
CITY OF THE COLONY
DENTON COUNTY, TEXAS
SCALE 1" = 40' May. 2005
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