HomeMy WebLinkAboutOrdinance No. 08-1786
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1786
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
ORDINANCE NO. 99-1129, PLANNED DEVELOPMENT-16 (PD-16), TO
PERMIT THE CONSTRUCTION OF TENNIS AND BASKETBALL
COURTS TO BE LOCATED ON LOT 11, BLOCK Y, BEING AN
APPROXIMATE 2.7 ACRE TRACT AT THE NORTHEAST CORNER OF
BEAR RUN DRIVE AND SOUTH COLONY BOULEVARD, AND BEING
MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A," WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR DEVELOPMENT REGULATIONS; PROVIDING FOR THE
APPROVAL OF THE AMENDED SITE PLAN, WHICH IS ATTACHED
HERETO AS 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, on or about July 26, 1999 the City Council approved Ordinance No. 99-1129
which established PD-16 in accordance with the zoning ordinance; and,
WHEREAS, the City has received a request to amend Ordinance No. 99-1129, PD-16, to
allow for the construction of tennis and basketball courts on Lot 11, Block Y of the development;
and,
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 99-1129 establishing PD-16, should be amended to allow for the construction of
tennis and basketball courts on Lot 11, Block Y of the development and being more particularly
described in Exhibit A and depicted in Exhibit B.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 99-1129, Planned Development-16 (PD-16), be, and the
same is, hereby amended to allow the construction of tennis and basketball courts to be located on
Lot 11, Block Y, being an approximate 2.7 acre tract at the northeast comer of Bear Run Drive and
South Colony Boulevard, and being more particularly described in Exhibit "A," which is attached
hereto and incorporated herein.
SECTION 2. That the following development regulations are hereby approved and shall
govern the development of said property.
A. That prior to the commencement of any construction, the applicant shall be
required to obtain the appropriate building permit from the City.
Page 1
PD-16-REVlSED
TM 33027.76.000
B. That the combination court shall be enclosed with a chain link fence which is
ten (10') foot in height.
C. That, in accordance with the Zoning Ordinance of the City of The Colony,
landscaping shall be completed within one (I ) year of completion of
construction of the courts, after approval by staff.
D. That the combination court shall include a maximum of two (2) regulation
basketball goals with backboards and regulation tennis posts for the net, which
shall be maintained in good condition.
E. That the combination court shall be open from 8:00 a.m. to sundown on a daily
basis.
F. That a detailed Site Plan and Amenity Plan shall be approved in accordance
with the zoning ordinance.
SECTION 3. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance, Ordinance No. 99-1129 (PD-16), as
amended, the development regulations and the approved Site Plan, which is attached hereto as
Exhibit "B."
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. 99-1129, as amended, 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.
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PD-16-REvISED
TM 33027.76.000
DUL Y PASSED by the City Council of the City of The Colony, Texas, this the 1st day of
December. 2008.
APPROVED:
ATTEST:
) 1
. ALu,\
APPROVED AS TO FORM:
Robert E. Hager, City Atto
(REH/cdb 11124/08)
PD-16-REvISED
Page 3
TM 33027.76.000
Exhibit A
LEGAL DESCRIPTION
BEING a 456.698 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 172, the
B.B.B. & C.R.R. Co. Survey, Abstract No. 173, the B.B.B. & C.R.R. Co. Survey, Abstract No. 174. J'he
William A. Bridges Survey, Abstract No. 112 and theR.P. Hardin Survey, Abstract NO. 611, Denton
County, Texas and being all those certain tracts of land described in deed to International Business
Machines Corporation as recorded in Volume 979, Page 458, Volume 979, Page 463, Volume 979, Page
473 and Volume 1009, Page 339 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said
456.698 acre tract being more particularly described by metes and bounds as follows.
COMMENCING at W' iron rod found at the southeast end of a comer clip at the intersection of the north
right-of-way line of State Highway 121 (variable width R.O.W.) With the east right-of-way line of Paige
Road (l00' R.O.W.);
THENCE N 64038'36" W, 78.86 feet along said comer clip to a point in the east line of Paige Road
(100' R.O.W.) a W' iron rod found for comer;
THENCE in a northerly direction with a curve to the right,-said curve having a chord bearing of N
40.015'23" W, a central angle of 10030'42" and a radius of 666.20 feet for an arc distance of 122.22 feet
along said east line to a W' iron rod found for comer;
THENCE N 00000'02" W, 831.55 feet along said east line to a ~" iron rod found for the POINT OF
BEGINNING;
THENCE N 00000'02" W, 30.00 feet along said east line to a W' iron rod found for the beginning of a
curve to the left;
THENCE in a northerly direction with a curve to the left, said curve having a chord bearing of N
09034'53" W, a central angle of 19009'50" and a radius of 870.00 feet for an arc distance of290.99 feet
along said east line to a ~" iron rod found for po~t of reserve curvature;
THENCE in a northerly direction with a non-tangent curve to the right, said curve having a chord
bearing of N 09036'44" W, a central angle of 18055'52" and a radius of 770.00 feet for an arc distance
of254.42 feet along said east line to a~" iron rod found for comer;
THENCE N 00013 '42" W. 2395.60 feet along said east line to a ~.. iron rod set for comer;
THENCE departing said east line of Paige Road (100' R.O.W.) N 89046'18" E. 619.11 feet to a~" iron
rod set for comer;
THENCE N 00033'48" E. 671.02 feet to a~" iron rod found for comer;
THENCE N 89040'10" W. 371.29 feet to point in the east line of The Colony Bank Addition and a W'
iron cod found for comer;
962 I 7401.M06
November II. 1996
THENCE N 00013'12" W, 12S0.96 feet along the east line and along the east line of The Colony Bank
No. To a point in the east line of Paige Road, ~.. iron rod found for comer;
THENCE in a northerly direction with a non-tangent curve to the left, said curve having a chord bearing
of N 09022'17" E, a central angle of 19010'15" and a radius of901.23 feet for an arc distance ofJ01.23
feet, for an arc distance of301.5S feet along said east line to a W'iron rod found for comer; .
THENCE N 000 12'35" W, 392.25 feet to a "X" cut found for comer;
THENCE N 89042'54" E, 611.63 feet to a~" iron rod found for comer;
THENCE N 00007'41" W. 794.41 feet to a W' iron rod found in the south line of The Colony Addition
No. 11 Addition;
THENCE S 89049'17" E, 1540.87 feet along the south line of The Colony No. 11 and the south line of
The Colony No. 22 to a W' iron rod found for comer;
THENCE S 89049'09" E. 1522.42 feet along said south line ofNorthpointe Phase 1 Addition to a W'
iron rod found for comer;
THENCE S 89036'39" E. 1117.79 feet along said south line ofNorthpointe Phase 1 Addition to a Y2"
iron rod found for comer;
THENCE S 02036'00" W. 37.78 feet along said south line to a W' iron rod found for comer;
THENCE S 89044' 13" E, 914.29 feet along said south line to a point in the west line of the Burlington
Northern Railroad (100' R.O.W.) and a~" iron rod found for comer;
THENCE in a southerly direction with a non-tangent curve to the left, said curve having a chord bearing
of SOl 033'44" W, a central angle of 16001 '17" and a radius of2814.16 feet for an arc distance of
786.91 feet along said west line to a ~.. iron rod found for comer;
THENCE S 06027'15" E, 1192.97 feet along said west line to a W' iron rod set for comer;
THENCE Southwesterly along the proposed center line of Memorial Drive the foUowing courses;
S 83032'45" W, 339.03 feet to a W' iron rod set for the point of curvature ofa curve to the left;
Southwesterly along said curve having a chord bearing of S 64010'27" W. a central angle of
38044'36" and a radius of 1390.00 feet for an arc distance of 939.92 feet to a~" iron rod found
for comer;
S 44048'09" W. 527.64 feet to a W' iron rod set for the point of curvature ofa curve to the right;
Southwesterly along said curve having a chord bearing of S 57027'45" W. a central angle of
25019'12" and a radius of 1390.00 feet for an arc distance of614.27 feetto a Yz" iron rod set for
comer;
96217401.1\1106
Novcmb.=r 11. 1996
S 70007'22" W. 122.05 feet to a ~"iron rod set for comer;
THENCE in a northerly direction with the center line of proposed Morning Star Drive along a non-
tangent curve to the right, said curve having a chord bearing ofN 06008'29" W. a central angle of
12038'43" and a radius ofS730.00 feet for an arc distance of 1264.62 to a ~"iron rod set for comer;
THENCE N 00010'53" E, 51.96 feet to a W' iron rod found for comer;
THENCE N 89049'07" W, 267.75 feet to a Yi" iron rod set for the point of curvature ora curve to the
left;
THENCE Southwesterly along said curve having a chord bearing of S 450 I 0'53" W, a central angle of
90000'01" and a radius of350.00 feet for an arc distance of 549.78 feet to a W' iron rod set for comer;
THENCE S 00010'53" W. 330.96 feet to a ~"iron rod set for the point of curvature of a curve to the
left;
llIENCE Southwesterly along said curve having a chord bearing of S 59019'12" W. a central angle of
118016'38" and a radius of 400.00 feet for'an arc distance of 825.73 feet to a Vz" iron rod set for comer;
THENCE N 61032'30" W, 272.68 feet to a W' iron rod set for comer;
THENCE S 43045'40" W. 881.23 feet to a W' iron rod set for comer;
TIlENCE in a southeasterly direction with the center line of proposed South Colony Boulevard along a
non-tangent curve to the right, said curve having a chord bearing of S 44 015 '31" E, a central angle of
03057'39" and a radius of 1390.00 feet for an arc distance of96.09 to a Vz" iron rod set for comer;
THENCE S 42.016'41" E, 752.42 feet to a W' iron rod set for cameron said proposed center line of
Memorial Drive;
THENCE along said proposed center line of Memorial Drive the following courses;
THENCE in a southeasterly direction with a non-tangent curve to the left, said curve having a chord
bearing of S 39039'28" W, a central angle of 19002'03" and a radius of3820.00 feet for an arc distance
of 1269.04 to a ~" iron rod set for comer;
S 30008'27" W. 750.31 feet to a W' iron rod set for the point of curvature of a curve to the right;
Southwesterly along said curve having a chord bearing of S 55004' 14" W, a central angle of
49051 '33" and a radius of 1390.00 feet for an arc distance of 1209.59 feet to a W'iron rod set for
comer;
S 80000'00" W, 82.30 feet to the POINT OF BEGINNING and containing 456.698 acres
(19.893,765 square feet) ofland. more or less.
96217401.M06
NoYember II. 1996
EXHIBIT B
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