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Home My WebLink AboutOrdinance No. 08-1775 CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1775 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT-ll (PD-ll), BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, BY PROVIDING FOR THE APPROVAL OF A DETAILED SITE PLAN, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", ON APPROXIMATELY 8.684 ACRES LOCATED NORTH OF SH 121, WEST OF BLAIR OAKS DRIVE, AND SOUTH OF MEMORIAL DRIVE; 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-11 on or about March 20, 1995 through the passage of Ordinance No. 881; and WHEREAS, the applicant has made a request for approval of the Detailed Site Plan, which is attached hereto and incorporated herein as Exhibit "B"; and, WHEREAS, after discussion and consideration, the City Council has determined that the Detailed Site Plan for PD-11, 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 PD-11, being more particularly described in Exhibit "A," which is attached hereto and incorporated herein, is hereby amended to provide for the approval of a Detailed Site Plan, which is attached hereto and incorporated herein as Exhibit "B", for a proposed furniture store and fitness facility. SECTION 2. That this Planned Development shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 881, PD-11, as amended, and the Detailed Site Plan as provided in the attached Exhibit "B" and herein adopted, shall govern the development of said property. SECTION 3. 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 ofthis 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. PO-II-REVISED Page 1 TM 29924.76.000 SECTION 4. That the Zoning Ordinance of the City of The Colony, Texas, as amended, and Ordinance No. 881 shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. 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 6. 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. D~_~ASSED by the City Council of the City ofTbe Colony, Texas, this the ;)~daY of 4~ ,2008. APPROVED: Cd' DILLARD, MAYOR ATTEST: Cl~ W~ CHRISTIE WILSON, CITY SECRETARY APPYVED AS TO FORM I '( ~ I , , L ^~ <--- ce' ROBERT E. HAGER, CITY A ORNEY (REH/cdb 08/11/08) l~~ .&. J~.,,:,:,."'''''''''-:- (b~ fI. \J.... "0. r.-' l.(j:' '. 0 ~ <.Y("'. _ . _'j) " ........ . ---- \- ~ S ;.'~ !.' ;',_, ; -< . '].'E x;i.:~ ~I ,', -~..# PO-II-REVISED Page 2 TM 29924,76.000 EXHIBIT Legal Description Being a 65.036 acre tract ofland situated in the Thomas Wilson SUIVey, Abstract Nol1352, Denton Count, Texas and being a portion of Tract VI and Tract VII as described in deed to Centex Development Company, L.P., recorded in Volume 2375, Page 688, Deed Records of Denton County, Texas. BEGINNING at the intersection of the northeast right-of-way line ofF.M. 423 (110' R.O.W.) as recorded in Volume, 1154, Page 688, DRDCT and the northwest right-of-way line of Highway 121 (variable width R.O.W.) mENCE with the northeast right-of-way line ofF.M. 423 the following four courses: N 28032'47" W, a distance of 1219.78 feet to a highway monument found; Along a curve to the right having a radius of2808.53 feet, a delta angle of 11059'32", a long chord that bears N 22033'01" W a distance of 586.76 feet, and arc distance of 587.84 feet to a 5/8" iron rod capped "Carter & Burgess" set; N 04001'44" W, a distance of99. 75 feet to a 5/8" iron rod capped "Carter & Burgess" set; N 11034'59" W, a distance of 126.23 feet to the center of Office Branch Creek; THENCE with the meanders of Office Branch Creek the following courses: THENCE N 88021'25" E, a distance of27.17 feet; THENCE N 88009'22" E, a distance of 116.74 feet; THENCE S 75036'05" E, a distance of 102.35 feet; THENCE sir 11'15" E, a distance of 22.00 feet; THENCE S 71039140" E, a distance of82.26 feet; THENCE N 80057'54" E, a distance of71.88 feet; THENCE S 68034'52" E, a distance of141.36 feet; mENCE N 8r33'51" E, a distance of61.25 feet; mENCE S 83048'28" E, a distance of 49. 90 feet; THENCE N 83055'55" E, a distance of57.26 feet; THENCE N 70056'09" E, a distance of68.57 feet; THENCE N 63020'57" E, a distance of 122.35 feet; THENCE N 77038'51" E, a distance of 86.60 feet; THENCE S 77026'02" E, a distance of76.59 feet; THENCE S 49008'52" E, a distance of95.73 feet; THENCE S 48050'22" E, a distance of68.93 feet; THENCE N 47026'23" E, departing from the center of Office Branch Creek., a distance of 195.98 feet to a 5/8" iron rod capped "Carter & Burgess" set on the north right-of-way line of East Colony Boulevard. THENCE S 39005'12" E, a distance of 60.00 feet to a 5/8" iron rod capped "Carter & Burgess" set on the south right-of-way line of East Colony Boulevard; THENCE along a CUNe to the fight having a radius of 1350.00 feet, a delta angle of 15024'10", a long chord that bears N 58036'53" E a distance of 361.83 feet, an arc distance of 363.92 feet to a 1/2" iron rod capped found; THENCE N 660 18'58" E, a distance of69.21 feet to a 112" iron rod capped found at the intersection of the south right-of-way line of East Colony boulevard and the west right-of-way line of Blair Oaks Road; THENCE along a CUIVe to the left having a radius of 530.00 feet, a delta angle of 17042'12", a long chord that bears S 19048'56" a distance of 163.11 feet, and arc distance of 163.76 feet to a 1/2" iron rod' capped (D.E.C.) found; THENCE S 28040'01" E, continuing with the west right-of-way line of Blair Oaks Road, a distance of 1247.53 feet to a highway monument found; THENCE S 16020'23" W, a distance of68.80 feet to a highway monument found on the northwest right-of-way line of Highway 121; THENCE with the northwest right-os-way line of said Highway 121 the following courses: S 630 19'23" W, a distance of 683.33 feet to a highway monument found; S 61020'23" W, a distance of 535.14 feet to a highway monument found; S 65054'49" W, a distance of 150.48 feet to a 5/8" iron rod capped "Carter & Burgess" set; S 61020'23" W, a distance of200.00 feet to a 5/8" iron rod capped "Carter & Burgess" set; THENCE N 73039'37" W, a distance of 111.71 feet to the POINT OF BEGINNING, and containing 65.040 acres ofland, more or less. 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