HomeMy WebLinkAboutOrdinance No. 05-1618
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~- /G,18
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
AMENDING PD-l, (PLANNED DEVELOPMENT-I) TO PROVIDE FOR A
MINIMUM LOT SIZE OF 6,821 SQUARE FEET, A MINIMUM SIDE YARD
SETBACK OF FIVE (5) FEET, AND MAXIMUM ALLOWABLE LOT
COVERAGE NOT GREATER THAN 2,788 SQUARE FEET ON A .157 :t
ACRE TRACT OF LAND, BEING MORE PARTICULARLY DESCRIBED
AS THE WEST PORTION OF LOT A, BLOCK 14, GARZA LAKE
ESTATES ADDITION AND DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO, 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. Z05-0006
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 by amending PD-l, (planned Development 1) to
provide for a minimum lot size of 6,821 square feet, a minimum side yard setback of five (5) feet,
and maximum allowable lot coverage not greater than 2,788 square feet on a .157 :!: acre tract of
land, being more particularly described as the West Portion of Lot A, Block 14, Garza Lake Estates
Addition and 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. 559, except as amended herein.
SECTION 3. That legal description which is attached hereto as exhibit "A" respectively is
made a part hereof for all purposes, are 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, firm or corporation violating any ofthe 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 ~Q,
,2005.
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EXHIBIT "A"
Beginning at a 1/2 inch iron rod found for comer, and being the Southeast comer of Lot 1,
Block 15, of said GARZA-LITTLE ELM LAKE ESTATES, and being in the North line of North
Shore Drive (a 60 foot right-of-way);
Thence North 06 Degrees 27 Minutes 35 Seconds East, along the East line of said Lot 1, Block
15, a distance of 111.34 feet to a 1/2 inch iron rod found for comer, and being the Northeast
comer of said Lot 1, Block 15, and being in the South line of the Garza-Little Elm Lake;
Thence South 68 Degrees 23 Minutes 00 Seconds East, along the South line of said Garza-Little
Elm Lake, a distance of74.70 feet to a 1/2 inch iron rod found for comer, and being the
Northwest comer of a tract of land conveyed to Kenneth Don Emerson by deed recorded in
Document No. 95-0051684, Deed Records, Denton County, Texas, and being known as "Tract
Two";
Thence South 17 Degrees 35 Minutes 46 Seconds West, along the West line of said Emerson
tract, a distance of 108.36 feet to a 1/2 inch iron rod found for comer, and being the Southwest
comer of said Emerson tract, and being in the North line of said North Shore Drive, same point
being in a non-tangent curve to the left that has a delta of 15 Degrees 52 Minutes 04 Seconds, a
radius of 192.69 feet and a chord that bears North 67 Degrees 42 Minutes 33 Seconds West, a
length of53.19 feet;
Thence along the North line of said North Shore Drive, and along said curve to the right an arc
length of53.36 feet to the Point of Beginning and containing 6,820.86 square feet or 0.1565
acres of land.
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