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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. 1 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 / 2 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 .f'" I- I ~ " ~ %--~J' '" -<t,;f>SQ '" ~ (('06 6'0' ~ L . v 1l .~ ',0 04- <..<~ .9.19 v ~ ~}- :.:::~!!::: .-.... .... :~~: '" :.: " " ~ :.~:r:~s ~:! ::.~~:!;t::~ H:~~~::h :~.::::;t~:~~~ '" . . u .~. . .~ ~. c: .:, :::::::.:~ :: ... . ~ ..... ..... . '..:::: .: r :"::gg- ::::. NORTH SCALE 1 H= 40' Ii = 02042'26" R = 1270.00' T = 30.01' L = 60.01' CB = S 51 "58'25" E CL = 60.00' ~ :'nr:~!j ::! .v.t;S ::~ Hn~::h .':'.dd:t:C:1 : ..... :=~ :::........:,. :: ......., .... .,............. .,. .~ . ... ..... ......... ~.:::: ~~. :-::;;l! .:,~~: :':::::11::: :':: - ::: @ 6. l SPENCER HOUSE BOUNDARY EXHIBI PARKS OF AUSTIN RANCH ADDITION CITY OF THE COLONY DENTON COUNTY, TEXAS SCALE 1" = 40' May. 2005 II UJ - 5 70 m e (j) l> r '" -1 II r- 0 0 011 "'- ~~ 70 z'" ....- " nii m' ",-,: 0'" m"l u;.... () z'" ro m.. n.... ~~ "'m "'l> "'l> 0 ~;u z 0 0 '" m.... '" Z "," l> ....m ;= (J1 l>l> -0 -1 ~'" 70 .. u; C m '" () '" -1 - 0 I II z zm mX E- (fl -I > ........ rn X (J1 -1 Z ('I II 70 (J1 -1 IT r o o 70 "'- o m =r II 110 ii !i om mx 3:(fi 0--1 lJ r )> z: , ;;;. ~ q "'" q I -I>; 5'-5' 2'-10 1/2" 1~'-2 1/1" ": '''-.. -' .- q ;;; " ~ I '" , q ~ ... , -': -l' -l' '" I '" -l' I" :i: ,. .. ... , , ~ ~ ;;;: "! m X m 0; 2$ .... UJ Z ::! " z e " o e o 0 00 .. 0 l> 0 F ~ '" "';, \ \ \ "'" i ~ .. , '" ,. "! ": 8:-3 1/2" ,,'-5 3/1' 1'-0' '-II/of' " -0 1/2' ,'-1' ."Z rm Oe O' "':! ~fii 1 1 ! i 01: ",: ii: ",I ",1 ",I -I .., ...., zl "~~ \ \ '. . """........- SPENCER HOUSE RELOCATION AND RENOVATION 5735 WEST ARBOR HILLS wAy THE COLONY,TEXAS OE Ill> 11- --I 0- mi) " l> :J: m Z -I -< 51l', SLOPE MAX. ( yJt1Q'O <SlPI'" " ~~<:::). . t&f2.1G.l'- ~~\(Z.-S ~ -&\~ WAuh ~, '" """ ~ ~\ wr:r ( o 11llr ~D #" g.. . -' '=' :J Q :i:i - - y.. 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