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HomeMy WebLinkAboutOrdinance No. 05-1601 ORIGINAL THE CITY OF THE COLONY, TEXAS ORDINANCE NO. (fh~ I &0{ 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-9, (PLANNED DEVELOPMENT -9) TO PD-20 (pLANNED DEVELOPMENT -20) ON APPROXIMA TEL Y 24.813 ACRES OF LAND, BEING MORE PARTICULARLY DESCRIBED IN EXIllBIT "A", ATTACHED HERETO, AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR THE APPROVAL OF THE ZONING EXlDBIT,SITE PLAN, LANDSCAPE PLAN, AND BUll.DING ELEVATIONS, WHICH ARE ATTACHED HERETO AS EXHmITS "B," "C," "D", AND "E"; 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. Z05-002 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-9, (Planned Development-9) to PD-20 (Planned Development-20) on 24.813 acres of property, 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 the development standards, which are as follows: (A) That in lieu of a masonry screening wall along the north property line, an iron fence with masonry columns spaced a maximum of twenty-five feet (25') on center with enhanced landscaping will be erected. (B) That the landscaping is to consist of one (1) tree every forty feet (40') of frontage and continuous shrubbery three feet (3') in height. (C) That off-street parking shall be provided in accordance with Section 13 of the Zoning Ordinance for the class of use for school related developments that provides the greatest number of parking spaces. I 75560 SECTION 3. That the Zoning Exhibit, Site Plan, Landscape Plan, and Building Elevations, attached hereto as Exhibits "B," "C," "D," and "E", and made a part hereof for all purposes, is hereby approved. SECTION 4. 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 5. 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 are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. 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. 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, ftrm 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 fme 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. MY PASSED by the City Council of the City of The Colony, Texas, this tbe ,2005. tI P ED: ,- II~ay of 2 75560 FIELD NOTES: STATE OF TEXAS COUN1Y OF DENTON : WHEREAS WE, Lewisville Independent School District, ore the owners of 011 that certain lot, tract or parcel of land situated in the B.B.B. and C. RR. Company Survey, Abstract Number 172 and the William Bridges Survey, Abstract Number 112, City of The Colony, Denton County, Texas, being all of that certain called 24.8132 acre tract of land described in deed to The Lewisville Independent School District (L1SD) recorded in Volume 4346, Page 316 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an ":t' set at the most southerly corner of said L1SD tract, being at the intersection of the centerlines of Memorial Drive and South Colony Boulevard, and being The east corner of Legend Trails Phase I, an addition to the City of The Colony according to the plat thereof recorded in Cabinet S, Page 364 of the Plat Records of Denton County, Texas, the north corner of that certain tract of land described in deed to Paige/121 Partnership Ltd. recorded in Document Number 96-R0068033 of the Real Property Records of Denton County, Texas, and being the west corner of that" certain tract of land described in deed to Estancia at Morningstar II recorded in Volume 5340, Page 2330 of the Real Property Records of Denton County, Texas; THENCE N 42"49'41" W, 752.70 feet, along the southwest line of said L1SD tract and the northeast line of Legend Trails Phase I, and in South Colony Boulevard, to an "X" set at a point of curvature of 0 curve to the left; THENCE Northwesterly, continuing along said line and with the arc of said curve having a radius of 1390.00 feet, 0 central angle of 03'"57'00", whose chord bears N 44"48'11" W, 95.81 feet, on arc length of 95.83 feet, to on .. X" set at the intersection of South Colony Boulevard and Rolling Hill Drive, being the most southeasterly corner of Legend Crest VIII, an addition to the City of The Colony recorded in Cabinet T, Page 168 of the Plat Records of Denton County, Texas; THENCE N 43'" 12'01" E, 881.22 feet, in Rolling Hill Drive and along the northwest line of said L1SD tract and the southeasterly line of Legend Crest VIII, to an .. X" set at the intersection of Rolling Hill Drive and Day Spring Drive, being the most westerly corner of Legend Crest Phase V, an addition to the City of The Colony recorded in Cabinet a, Page 221 of the Plot Records of Denton County, Texas; THENCE S 62"04'19" E, 272.69 feet, along the northerly line of said L1SD tract, the southerly line of Legend Crest Phase V and in Day Spring Drive, to 0 1 It' copped rebar set at the point of curvature of 0 curve to the left; THENCE Northeasterly, continuing along said line and with the arc of said curve having a radius of 400.00 feet, a central angle of 5702'05", whose chord bears N 89"22'56" E, 381.94 feet, an arc length of 398.18 feet, to an ..)(' set at the intersection of Day Spring Drive and Trailview Drive, being the most westerly corner of Legend Crest Phase IX, an addition to the City of The Colony according to the plat thereof recorded in Cabinet a, Page 221 of the Plat Records of Denton County, Texas; THENCE S 56"08'08" E, 30.41 feet, along the northeast line of said L1SD tract, the southwest line of Legend Crest Phase IX, and in Trailview Drive, to an "X" set at the point of curvature of a curve to the right; THENCE Southeasterly, continuing along said line and with the arc of said curve having a radius of 500.00 feet, a central angle of 33'" 19'16", whose chord bears S 39"28'30" E, 286.70 feet, an arc length of 290.78 feet. to an .. X" set; THENCE S 18"46'43" E, 75.56 feet, continuing along said line, to an "X. set at the intersection of Trailview Drive and Memorial Drive, being on the northwest line of Lot 1, Block A, Estancia Addition, an addition to the City of The Colony recorded in Cabinet V, Page 164 of the Plat Records of Denton County, Texas, and being in a curve to the left; THENCE Southwesterly, along the southeast line of said L1SD tract, and along the northwest line of Lot 1, Block A, Estancia Addition, in Memorial Drive and with the arc of said curve having a radius of 3820.00 feet, a central angle of 18"29'20', whose chord bears S 5751'39" W, 1227.35 feet, an arc length of 1232.69 feet, to the POINT OF BEGINNING and containing approximately 24.813 acres of land. Leqend C,.st Phas.1/ CabilW't Q, PC9~ 221 Lewisville Independent School District Clerks File 99-R0051846 ~~ 'C> 24.813 Acres Gross // , C'"..... " '///"';5$ ~ E",,~,o_",," '~" " / /'; . .. ..~.,.'O:;.," 2 " ./ ,/ .... Zon':::"O fST Wf'-3 , a 3 '" &_ SO' '" '" ~ ,'\ _ . "'" "" 'y~r.J:~"\l45 /' /' /' /' '-, y\ X'~'\"" ,/:_~'. .. '. 6 >~~<"~- ", ~O'~"~m /'/' Q' ,~ \ 2~" ~'~~~ ''', . /'/' _ ~o(\. V"'::.~;.{.:::;o 25 '.'0 O'r,"'.>',,, /' - ~. ,.~: " . ~'~ /'/' " 't. ..go.... /' / / 2J ' C?.. .;-q~, /' / ~7:~%:V< " " " ~ "~",</'/ (/ " PROeT ~@ > 0 Zoned PO'~ W A) J ~ NUMBER DIRECTION L1 S 29'08'08" E L2 S 56'08' 08" E L3 S 18'#;'43" E DCSWICE 496' 304( 7556' NUJ/lJER DELTA CI 03'57' 00" C2 57'02' os" C3 27'00' 00" C4 33'/9'/6" C5 /8'29'20" R L T CD 1390.00' 95.83' 4793' N 44'48'"'' , 400.00' 398/8' 21734' N 89'22'56" E 500.00' 235.62' 120.04' S 42'38'08" E 500.00' 290.78' 149.63' S 39'28'30" E 3820.00' 1232.69' 621.75' S 57'5(39" , LC 95.81' 38194' 233.45' 286.70' 1227.35' o 250 ~~~~~I 500 Feet I ZONING EXHIBIT Lewisville Independent School District 24,813 Acres in the WILLIAM BRIDGES SURVEY, ABSTRACT NO, 112 BH.B. & CRR. SURVEY, ABSTRACT NO. 174 CITY OF THE COLONY DENTON COUNTY, TEXAS OWNER/DEVELOPER U.S.D. P.O. Box 217 Lewisville, Texas 75067 1800 Timbercreek Road (972) 420-4850 fax (972) 420-4845 Contact: Mark Ross G & A Consultants, Inc. STIE PlANNING * PlATIlNG CIVIL ENGINEERING * lAND SURVEYING LANDSCAPE ARCHlI'ECTURE P.O. Box 1398 * Lewisville, Teus 70067 Phone (972) 436-9712 * Fax (972) 436-9715 DRAWN BY: I.c. DATE: 06/03/05 SCALE:]" =200' JOB NO. 04283 ! i~ ! ...J @ " '!i I : Ill! ! I. " I !! jl ~ I ;, U ~ . '! I 11 III !! ilf Hul I 0 0 i~ ~ i 1~:+11$g~~I!lol!L1 Ihl ~~ili~.~il1f,lmU; . ,. I r1 t~- O...J.!i<U ~ ~~ I' _I :],\ III -\ Ill' ~~~H~!~i~ sI'"lii ~ . 5 - II JllwlHllsU ~'i11! I!I~! ~8-~..I!P ~!S5i ~I ~~ll ; . ii }~J l~!!,:!!!:;;dnllfJ .1 it 1 ,~ ~ . !I a~~!iW~ilI8~~~.;a~;~~~~ ~ -' la iU ~ ., . UI I · a~ i I f~ I 1 ' 1:~N I.=~,;. I I'iili: j;Wf ~ --j t .=--, t_ ,\,.lll,!..I. . 'r.. ----.-," _~._" _01,,// r'il JI I !;ii~ll! m,:.li \ '. . --~) -'~ - U bi il;ti" l~ \ V . ..--; . IImil nm~ ~. \ ~_- " !"~;' " \l , V IF.~1 ~II; I I I '. - 'I' ,. =.- j L ,- _ ,_ r\~:;:::::J!;:>;;;';;;?;;:;;;;;;;;;'::'--"-;'" -'-', . ,:... :~..:;._~:;.:::..::;::_.:;:::~ EXHIBIT C , -- @ '-II ,// I' , , , , , ' , ' ,/ ,/ , , , , , I /:>/ // // , , " , /:~~';--;:::-"'~;<;::;/- // />/ ./~ ../.~,/' ~ ! I !S-j Ij W Jd II! 1 . I o <<: o .. - . .. ~ Q i" ~ ut., N~! - . I ~l I~hl !~:~U! I I 1111 ff, Ifl( !u f I . :f----- " I I ;~ 7 I fl..~ , u. l ~~~~ ! !i.l , ":0 ! ~~ ! I I I 1\ \ I \ 1\ \ 1\ \ I I \ II I \\ \ \ I II I I J I J \ . ! ! i ~ -'\ ~\ at . I' I' ~\ ...' ~\ Jl , ' \ EXH\B\T 0 - t ii.li"li""" ~,\,\.~'I' '\'\ \~~~,.~~....~t." ~ . \ \ !' ..\,~\ .. \ . i~lI t' , " '\. j 1\\1' ,. \~ · 1 1 \ i\ 'i ~,P 'tin \l~ tl \ ' .' ,l\! \' 1\ ~ . \' ~ hi' '\1 ,\ i l' \ 10\\"\ I' \, I I' \{\ 'li h", \ \\\'~' l\li II' \i " \\ ii \ i\ 1.. ',,'" 1\\t.1\i ~I" 'I.' \\\ l' ill ','} \(\\~~ \..{tl~n at,'\ \\\ \\., ~~\ lh \\ i. .Ii "Wi ,\.1\:;'" \I! 'Ii Ii 1'1. I"i" 1\'\lI.t . JJ ~\..l\ .ii ~Ui11'\ \i\\i\\\\\\t\~ ~\\\ ~~\\\~ ~\\ i\~i\ -u\ \l_l~\~ : ~\ ~~..:..:~: ' < s \ o l\ t \~ ~ \\ 1 \ \\ \\ \\ II \ I l ; \\ \\, \1\' II II ~ ,\\\\\\\\\I~\ \ , \ l-' I 1 t ~e~00@~~e.'" '81Im' .. ~. ;' I ,~ ~! ~ i , \ ~; t; 3~i ~~i~ g' ~\i\ ~~~\". '\~I ~\l\ ~\\ ~~\~ii~\~B ~\\ 1 l\~\' g~\\~r~i\~~Z; ~\.&,\ \ 1& it 0 rn~1i-' ~~ ~ i ,I 3jf ~'g. ,i ! \t ~\\\; UI \ ~- \ (~, \ \, \ , " \\ pH \ \~ \ \ ., 1\1 t ~ \ i' i ~l ,\i \ 1\ i\ fiJ, - EXHIBIT E ... OlTgg).;:ot..:, ... - ~/;:' _"l""'fll4t .. S"V)(3l 'AN0100 3H.L WOlHO.1'if.1'ifN .O.S., 311'^S'M31 !i)~! . 1~1 i\i~al VI_liS , ,I~. III i !2 VI ~~ *- 15 '. .....'. ~ (~31 ,< , I- ,. ~ ?:~ Z Sh. Ifi b ~ ~I~II.H ~ ": l' ( I~'P ~ It!; i~ ~h ~ ~ Id ill, !i Ii II F= ih ~Pi h 3 ~ ~ IU"I!JEl!lS.~; ~ 10 il~ J. ilj ! ~ III ,:,hb :; :~ ~ i ~ I " il i~ ~ B (B' . " i 5 C\. >- ~ ~!\".~ ". ~ t, ~ ' ~- L~ I EP> \~ , ~ . ..r @ ~ ~ z z ~ i ~ ~ ~ ~ VI VI CI CI III Z Z I- ~ is 9 ~ .... 5 5 ~ II) II) 8 I---- o ---.I 8 I 16 I 24' I TYPICAL SECTION OF RESIDENTIAL BUFFER SCHOOL DRlVE ALLEY 3' SHRUBS ENTIRE LENGTH OF FENCE 6' ORNAMENTAL METAL FENCE ENTIRE LENG TH OF ALLEY FRONT AGE "'IDTH VARIES -""'" -- :'it. OF Tf \, --<:,'\~...........;r.</Il' '. - .' '*.. t ." . .... .... * , ~.l ..... " ~...:. .......... ..... ... ... ...~ ...~ I. RON ALAN STEWART ~ ~; ..~~... ......791. .......7 .,,; '("5"" -? <;) .,'co~ '~1-0".f.G 15 Tt'i'-::...~<<;_ ,~ Sc ......... '0\ - '\, -4PE "''f'.C__- "",....' RESIDENTIAL BUFFER EXHIBIT for L1SD NATATORIUM Landscape PLAN 6.482 Acres in the WILLIAM BRIDGES SURVEY, ABSTRACT NO. 112 CITY OF THE COLONY DENTON COUNTY, TEXAS DRAWN BY: BH DATE: 07/06/05 SCALE: 1" =8' JOB NO. 19 ENVIRONS GROUP LANDSCAPEARCHJI'ECIURE ll1B Hillside Dr. * LewiIville, Teas 75051 Phone (972) 317.(lZ76 04283E