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HomeMy WebLinkAboutOrdinance No. 05-1620 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 05- I ~~ 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-8, (pLANNED DEVELOPMENT -8) TO PROVIDE FOR A MINIMUM SIDE YARD SETBACK OF THREE (3') FEET ON THE EAST SIDE OF THE PROPERTY AND A MINIMUM REAR YARD SET BACK OF FOUR (4') FEET ON A 0.139::!: ACRE TRACT OF LAND, BEING MORE P ARTICULARL Y DESCRIBED AS STEW ART PENINSULA COTTONWOOD SPRINGS PHt, BLOCK B, LOT 9; 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. Z05-0010 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-8, (Planned Development 8) to provide for a minimum side yard setback of three (3') feet on the east side of the property and a minimum rear yard set back of four (4') feet on a 0.139 ::!:: acre tract of land, being more particularly described as Stewart Peninsula Cottonwood Springs PhI, Block B, Lot 9, which is attached hereto and incorporated herein by reference as Exhibit "A." SECTION 2. Said Planned Development shall be developed and used only in accordance with Ordinance No. 954, except as amended herein. SECTION 3. That the above property shall be used and otherwise developed 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 are 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. SECTION 6. 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 7. 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 8. 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. ~ DULY WD by the City Council of the City of The Colony, Texas, this the {Jl ~ ,2005. v AP 0 ED: , 7 day of 2 ..""" ..--. EXlDBIT "A" FINAL LOT SU R VI:.-" TO ALL PARTlES INTERESTED IN PREMISES SURVEYED: This is to certify that I hove. this dote:. made 0 corefur" and accurate on the ground survey of the property located at ,32..3...3~c..-6:ut.u.uv"'d' ~h~_~...L1t:.e_. in the .cz,':~_Q.C:_~O~..L?<ZL9..fL!?-__ Texes, described os follows: BEING Lot L Block ..B.... of S"Ce..<A.> ~t"_~_.&oLd....s::..L~".__~..d~.o~e..'?o:(_~t.~.c,........fl.c:U"~L...._,on Cldditlon to the ~~':>1'" c;.~4::Y""'_~O~"'" ~SiI'.a_r=-!I-________, Texas according to the I"k.~_ thereof recorded j" _L3:zP..iD.EI_~hdes_.z?~ ~Z__ of the ...D~ Records of ~nr~...lL. County, Texas. This property does not lie withi,. the boundode", of thl'! 100-yeor flood plain occording to the flood boundary ond flood....ay Mop No. ~~O Z2.st__..Q~ S-__ttfY____ effectrve ~~~_..Lt..t/!.:z__. '. ,:,";,~'\(~O~.r;~~!/c'~~P SP~l'i9:~ .,.."""'..;.(~O R.o. vJ.).,..... .....;.:'i-t!'. /,,\: '.. I'.... . ~..:;~.:..:.... ........ ,_. :..::.:f.".;:- :-"". . 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'...._ cmllFlc.... llON Th. plot h....eon is c t":te. correcl o"d accurote I""p....sentatlon of I~e prop....-ty a. determIned by this "u~y. the lin,,,. and dimension. ~ .al~ ~r~d1r-ty being. "" Indicated by Ihe pIal; the lOt... location. )"p. 0 U "9" and Improvement. ar. :shown irnpro\fer'P"'enta being within Ui" bO~"darl.. of the prop.rty, s:'t bock 'rom t~e property lines t ..\0"<:0# indicat.d. and th.rft ere no er.crochment r otT'\Jliron~. exc:ept a. noted. Lo...o Sur..e)Qr No. -417~ ;. .... ..... ..,' '. . . I 'f" .'. ..". "; JONES & BOYD. INC. CONSUL TING ENGINEERS 17300 Dol1os Parkway. Sl.it" 3010 Dollos, Te;><os 75248 214-248-7676 SCALE' : /~ 4."..,' O~TE 7/7/<?....._ DRAWN .,/ I 1/ PROJl;;CT t./A ~_I Leo.!! ~,.~ t7enera/ ~"r-eC:-Cro,., Dr ~<:Z"-ha.7' ,.c'~c..J J~. ~ R~~.ren~~ S/'ua,,[{,o.. rtC'"\ ",ro'_L't"