HomeMy WebLinkAboutOrdinance No. 05-1619
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 05 - 1619
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
CHANGING THE ZONING OF PD-5, (pLANNED DEVELOPMENT-5) TO
AG (AGRICULTURE), BEING MORE PARTICULARLY DESCRIBED AS
A 30+/- ACRE TRACT LOCATED AT THE SOUTHWEST CORNER OF
SPRING CREEK PARKWAY AND STATE HIGHWAY 121 AND
REPEALING ORDINANCE 391 AND PROPERTY REFERENCED IN
THAT ORDINANCE; 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. S105-00l6
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 changing the zoning of PD-5, (Planned
Development-5) to AG (Agriculture), being more particularly described as a 30+/- acre tract located
at the southwest comer of Spring Creek Parkway and State Highway 121 and repealing ordinance
391 and property referenced in that ordinance, which is attached hereto and incorporated herein as
Exhibit A.
SECTION 2. This property shall be developed and used only in accordance with uses
permitted in Ordinance No. 61.
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 are hereby, repealed, specifically
Ordinance 391, 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 PASSED by the City Council of the City of The Colony, Texas, this the L_ day
of November, 2005. (\
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ORDINANCE NO. 3 CU
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDrNANCE OF THE CITY OF THE COLONY SO AS TO
CHANGE THE PROPERTY DESCRIBED IN EXHIBIT "A" TO "PO" PLANNED
DEVELOPMENT DISTRICT CLASSrFICATION; PROVIDING FOR SPECIAL CONDrTIONS;
PROVIDING FOR AMENDMENT OF THE ZONING DISTRrCl' MAP;. PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1.000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
,WHEREAS, the Planning and Zoning Commission of the City of The Colony, and
the City Council of the City of The Colony, in compliance with the laws Qf the State
of Texas. and with the provisions. of the Comprehensive Zoning Ordinance of the City
of The Colony, have given the requisite notices by publication and otherwise and have
held due hearings and afforded a fuIl and fair hearing to all property owners generally
and to persons interested and situated in the affected area and in the vicinity thereof,
and after such hearings, the governing body of the City of The Colony is of the opinion
that the zoning change should be granted; NOW, THEREFORE,
.BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, be,
and the same is hereby, amended by amending the Zoning District Map of the City of
The Colony so as to change the property described in Exhibit "A," attached hereto and
made a part hereof for all purposes, to "PO" Planned Development District Classification.
SECTION 2.
That the property described in Exhibit "A" shall be used only in the manner and
for the purposes pro'vided by the Comprehensive Zoning Ordinance of the City of The,
Colony, as amended herein by the grs' . 'ng of this change of zoning, subject to the
following special conditions:
A. No land shall be used and no building shall be erected or converted for
any use other than "BP" Business Park District Classification uses and
"MF-2" Multiple Family Dwelling District Classification uses with a maximum
densi ty permi tled of twenty-four (24) dwelling uni ts per acre, provided
that "MF-2" uses shall be set back not less than two hundred fifty (250)
feet from Spring creek Parkway, Plano Parkway, and the projected east-
west six-lane divided major thoroughfare planned for the property.
B. That all lakes, flood plain areas, power line easements and common areas
of the property designated for "MF-2" uses shall be included for purposes
of density computations in determining the maximum permitted density of
twenty-four (24) dwelling units per acre.
\
C. Prior to -the issuance of any building permit for the development of any
portion of the property described herein, the Development Plan required
by Section 10-664 of the Comprehensive Zoning O..dinance of the City of
The Colony, Ordinance No. 61, as amended, shall be submitted and approved
by the City Council and made an exhibit to and a part of this ordinance
and in corpora ted by reference herein for all purposes.
D. Unless otherwise set out specifically on the Development Plan required
hereby, the regulations set out in Sections 10, 11, 12, 13, 14, 15, and 18
shall apply, as appropriate, to the areas of the property designated for
"BP" Business Park District Classification uses or "MF-2" Multiple Family
Dwelling District Classification uses.
E. The Development Plan required hereby shall include the major thoroughfares
shown on the Thoroughfare Plan attached hereto as Exhibit "E" and made
a part hereof for all purposes.
The exact location of such major
thoroughfares has not been determined, but will be determined and located
exactly on the Development Plan. The developer will be responsible Cor
the construction of the major thoroughfares shown on Exhibit "B" in
and conditions of the City of The Colony as they exist at the time oC-
accordance with ~he Development Plan and in accordance with the standards
,
development.
SECTION 3.
That all conditions and restrictions imposed in this ordinance and in the exhibits
attached hereto and made a part hereoC Cor all purposes, relative to the development
oC this Planned Development District, shall be complied with before a Certificate oC
occupancy is issued ior the use of t~;e portion :J[ jgrd bei:1g developed O~ ary st~:Jc:u~e
which is a part of this Planned Development District, and such conditions and restrictions
shall not be construed as conditions precedent to the approval of the zoning granted
herein, but shall be construed as conditions precedent to the granting of the Certificate
of Occupancy.
SECTION 4.
That all ordinances of the City of The Colony in conflict with the provisions of
this ordinance be, and the same are hereby repealed, and all other ordi nances of the
City of The Colony not in conflict with the provisions or this ordinance shall remain in
full force and effect.
SECTION 5.
Should any of the. sections', paragraphs, sentences, clauses, or phrases of this
ordinance be held or determined to be invalid or unconstitutional by a court of competence
jurisdiction, such holding or determination shall not affect the remaining portions of
this ordinance which are declared to be severable.
SECTION 6.
That any person, firm or corporation violating any or the provisions or terms of
this ordinance or of the Comprehensive 'Zoning Ordinance as amended hereby, or or the
exhibits approved and attached as part or this ordinance, shall be deemed guilty or a
misdemeanor and, upon conviction in the Municipal Court or the City of The Colony,
Texas, shall be subject to a fine not to exceed the sum of One Thousand Dollars
($1,000.00) for each offense, and each and every day any such offense shall continue
-
shall be deemed to constitute a separate offense.
SECTION 7.
This ordinance shall take effect immediately Crom and after its passage and the
publication of the caption as the law and charter in such cases provide.
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CITY S RET AR Y
APPROVED AS TO FORM:
CITY ATTORNEY
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Denton CAD legal description for the White Property:
AOl74A BBB & C, TRACT 1 (THE COLONY CITY), ACRES 27.050 DCAD TR#8