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HomeMy WebLinkAboutOrdinance No. 07-1710 CITY OF THE COLONY, TEXAS ORDINANCE NO. 07- /"1/ C)' AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT -2 (PD-2), BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, BY REZONING APPROXIMATELY 0.30 ACRES FOR LOT 1R BLOCK 6 OF THE GARZA-LITTLE ELM LAKE ESTATES, SAID LOT BEING LOCATED ON THE NORTHEAST CORNER OF LAKE HIGHLANDS DRIVE AND LAKE PARK DRIVE AND MORE COMMONLY KNOWN AS 4617 WEST LAKE HIGHLAND DRIVE; PROVIDING FOR REVISED SIDE YARD SETBACKS; PROVIDING FOR AMENDED DEVELOPMENT STANDARDS, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN AS IN EXHIBIT "B"; 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 Council approved the Planned Development zoning for PD-2 on or about November 7, 1988; and WHEREAS, the applicant has made a request to amend the Development Standards for Lot 1R Block 6 of the Garza-Little Elm Lake Estates to established new side yard setbacks to allow for an interior side yard setback of five (5) feet and a side yard setback adjacent to a street of twelve (12) feet; and, WHEREAS, after discussion and consideration, the City Council has determined that the Revised Development Standards for PD-2, which is attached hereto and incorporated herein by reference, should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That Ordinance No. 559, PD-2, being more particularly described in Exhibit "A," which is attached hereto and incorporated herein, is hereby amended by amending the Development Standards, which are attached hereto and incorporated herein as Exhibit "B," for Lot lR Block 6 of the Garza-Little Elm Lake Estates to establish new side yard setbacks to allow for an interior side yard setback of five (5) feet and a side yard setback adjacent to a street of twelve (12) feet. SECTION 2. That the Development Standards previously adopted is hereby amended with the amended Development Standards, which are attached hereto and incorporated herein as Exhibit "B," be, and the same is, hereby approved. Page 1 PD-2-REVISED TM 14753.76.000 SECTION 3. That this Planned Development shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 559, PD-2, as amended, and the Revised Development Standards as provided in the attached Exhibit "B" and herein adopted shall govern the development of said property. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this resolution 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 5. That the Zoning Ordinance of the City of The Colony, Texas, as amended, and Ordinance No. 00-1245 shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6. 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 Code of Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Hundred ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. 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. ~ y PASSED by the City Council of the City of The Colony, Texas, this the ~day of ~~k.. ,2007. APPROVED: ----,y........_- , C ,/ ) J2N2~y&~~~:"l CITY ATTORNEY 7) Page 2 PD-2-REV1SED TM 14753.76.000 ./ // EXIITnI'T' n^n 746I',\CE971 L VOL All that cert~in trnct or pnrcel of lnnd situ~ted in Denton county, Texas, a part of the G. Emberlin survey, the J. W. Ragland Survey and the R. P. lIardin Survey, Denton County, Texas, and being all of Gar~a-Little Elm Lake Estates as shown by Plat ~hereof recorded in Volume 2, Page 80, of the Plat Records of Denton County, .Texas, together with an additional tract of land and being more particularly described as fol~ows, to-wit: , f BEGINNING at the Western most Southwest cotner" of Garza- Little Elm Lake Estates, said point being the fiouthern most corner of Lot 54 and the t'~estern most corner of I"ot 53 "in Block 7: THENCE North 1 0 4' "lest 952 feet, a corner: THENCE South 740 35' East 205.31 feet, a corner: THENCE North 110.55' East 200 feet, a corner; 'I'IIENCE North 600 "lest 280 feet, a corner: THENCE North 10 4l West 606.47 feet, a corner: 'rlJF;NCE North 370 P.ast 381.15 reet, a corner, 'rllp.NC;:; South 680 23' East 1000 feet, a corner: TI1I::NCE South 850 52' East 960 feet, a corner: THENCE South 710 33' E~st 275 feet, a corner: 'fIlEt'CE Horth 780 35' East 521 feet, a corner, said point being the Northeast corner of Lot 7 in BloCK 5 of Garza-Little Elm Lake Estates and in the West right-of-way of Highway 423: ~ THENCE in a Southeasterly direction 160 feet, more or less, a corner in the Eilst r i~ht-of-wC)y of lIi.qhw."lY "2 3., ~.:lllln beinq the North- west corner of Lot J in nlock 4 of Gilrzn-Littlo R]m Lilke Rstates: _ 'fllP.NCE South !)7 D 25' Eilst 1235.34 feet, more or less, a corncl' at the intersection of the South line of Overl~ke Drive and the North- east line of BloCK 4; THENCE South 890 40' West Q23.47, more or less, a corner at the Southwest most corner of Lot 23 in BloCK 3: TIIENCE: South 000 1'1' F.ast 2282.16 reet, a corner in an existing road: also the Southeast corner of Block 2, Garza Little Elm Estates: 'l'i1ENCE 890 37' \';est 431-60 feet, a corner the Southwest corner of Block 1 of Garza-Little Elm Lake Estates, also being the F.~st right-of-way of m~in street: TIII::NCE ~:orth 890 37' "lest 100 feet, more or less, a COL"ner, being the Wnst right-of-w"y of mnfn strcet: TilE="CE North 000 031 ":est, 1275 feet, more or less, a corner, being the Southeast corner of Lot 1, Dlock 7, Gar7.a-Little Elm Lake Es t..les: 'rlli::NCE ;_ol:th B90 52' ":cst, 2618.64 feet, to the Northwest corner of the J. L. Sparks Survey, Abstrnct No. 1179, the following bp.ing the Ii..ven Hills :.jobilc 1I0me Est-utes, out of the R. G. Dunlap, Abstrilct No. 352, and J. L. 5r~rks, Abstrnct No. 1179, ilS shown by plat l~~vrJ~d J~nu~&y 3, 1972, Volume 7, r~ge 51, Plat Records of Denton County, Texils: 'rJiENCE South 4P 22' Nest 120.89 fcet with a public road ~o a point in the Eil~t boundary. line of the R. G. Dunlap Survey, hbstract No. 352: ( TII~NCE South 000 29' 30" ~ast, 507.67 feet to a point: TIii:;:.jC~ Uorth 870 51;' "rcst, 43.6 feC't, lo a point: TIfE:'-iCE North ..So "19' 40" ,-jest ]45.0 feet to i\ point: 'rlll~NC~ South 8ao 38' 20" ":est 510.1 (Poct to a point: TilE:.jCE North 010 ]6' 40" "lcst 500 fcct to a point: THENCE North 8~0 25' 20" East 734.67 rcet to place of ,; bc~inning. :;". i l ). "j i . . I, :\ ; . . ' . 'j . ~ . , ," , ; . I ! '" . . i i " , " ,': i , I I. \, Exhibit B Lot lR Block 6, Garza-Little Elm Lake Estates Legal Description of Area: Permitted Uses: Conditional Uses: Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth Minimum Front Yard Setback: Minimum Rear Yard Setback: Minimum Side Yard Setback: Minimum Floor Area: Development Standards Lot 1R, Block 6 Garza - Little Elm Lake Estates Uses identified in Section 10 of the Zoning Ordinance for Single-family districts. Uses identified in Section 10 of the Zoning Ordinance for Single-family districts. 13,000 square feet 100 feet 120 feet 20 feet 12.5 feet 5 feet for interior lot lines and 12 feet for lot lines adjacent a street. 2,000 square feet