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Home My WebLink AboutOrdinance No. 09-1798 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1798 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT-18 (PD-18), AS AMENDED, BY ADDING A DEFINITION FOR HEIGHT AND PROVIDING THE MANNER IN WHICH THE SAME IS MEASURED FOR SINGLE FAMILY USES FOR PROPERTY WHICH IS LOCATED IN THE SOUTH AND NORTH SIDES OF LEBANON ROAD AND WEST OF FM 423, AND BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B," WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; 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 definition of height and the manner in which it is measured is provided in the City of The Colony Zoning Ordinance; and WHEREAS, the City Council approved the Planned Development zoning for PD-18 on or about November 6, 2000, which provided development regulations for the same; and WHEREAS, such development regulations may vary from the height restrictions and measurements of the same which are provided in the City's Zoning Ordinance; and WHEREAS, after discussion and consideration, the City Council has determined that PD- 18 should be amended to provide a definition for height requirement and the manner in which height is measured for said Planned Development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That PD-18 as adopted by Ordinance No. 00-1245, as amended, is hereby amended by amending the Development Regulations for the real property described in Exhibit "A" and depicted in Exhibit "B," which are attached hereto and incorporated herein, and the same are hereby approved, to provide a definition of height and the manner in which height is measured as it relates to PD-18, which shall read as follows: "Any single-family dwelling unit that meets the height limits specified in Ordinance 06-1700, deemed to be three (3) stories or less in height for the purposes of the requirements of the International Residential Code, as amended, regardless of the number of above or below ground levels in the structure. PD-18-REVISED-3 Page 1 TM 34924.76.000 Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point ofthe roof." SECTION 2. That this Planned Development shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD-18, as amended, and as amended herein. 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. SECTION 4. 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 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. DULY PASSED by the City Council of the City of The Colony, Texas, this the 2nd day of March, 2009. A~~~ (L/Jk7' CHRISTIE WILSON, CITY SECRETARY ROBERT E. HA (REH/cdb 02/16/ Page 2 PD-18-REVISED-3 TM 34924.76.000 ( ....,. (-' \.. ( ( EXHIBIT IIA II LEGAl DESCRIPTION 605.795 ACRE TRACT BEING A 605.795 ACRE TRACT OF LAND SITUATED iN THE T. LUCKETT SURVEY. ABSTRACT NO. 752. BBB & CCR SURVEY. ABSTRACT NO. 182, AND THE S. PAYTON SURVEY. ABSTRACT NO. 1009. IN THE CITY OF THE COLONY. DENTON COUNlY, TEXAS, AND BEING All OF TRACT 2. A CALLED 324.084 ACRE TRACT OF lAND CONVEYED TO WYNNWOOD PENINSULA, L TO., BY DEED RECORDED IN COUNTY CLERKS FilE 93.ROO48821, A 56.584 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA. L TO. BY OEED RECOROEO IN COUNTY CLERKS FILE NO 93- ROO87901. A 40.535 ACRE TRACT OF lAND CONVEYED BY OeEO TO WYNNWOOD PENINSULA. LTD. RECORDED IN COUNTY CLERKS FILE NO. 94-R0089415, A 40.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, L TO. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 9fi.OO76009, A 42.000 ACRE TRACT OF lAND CONVEYED TO WYNNWOOO PENINSULA, L TO. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 97-R0088390. AND THE REMAINDER OF A CALLED 182.79 ACRE TRACT OF LAND CONVEYED BY DEED TO ROBERT E. STRlEFRECORDED IN VOLUME 574. PAGE 804. REAl PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 605.795 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOllOWS: BEGINNING AT CORPS OF ENGINEERS (C.O.E.) MONUMENT NO. C241-2 FOUND AT THE SOUTHWEST CORNER OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD,. TRACT; THENCE, NORTH 01 OEG. 26 MIN. 52 SEC. EAST. ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA. L TO. TRACT. A DISTANCE OF 1100.08 FEET TO A 3/48 IRON ROD FOUND FOR CORNER. THENCE. NORTH 01 DEG. 12 MIN. 58 SEC. EAST. CONTINUING ALONG THE WEST LINE OF SAID 58.584 ACRE WYNNWOOD PENINSUlA, L m. TRACT, PASSING THE SOUTHWEST CORNER OF SAID 40.535 ACRE TRACT OF LAND CONVEYED BY DEED AT 49.89 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 865.32 FEET ALONG THE WEST LINE OF SAID 40.535 ACRE TRACT TO A FENCE CORNER POST FOR THE NORTHWEST CORNER OF SAID 40.535 ACRE TRACT; THENCE, SOUTH 89 DEG. 27 MIN. 31 SEC. EAST, ALONG THE NORTH LINE OF SAID 40.535 ACRE WYNNWOOD PENINSULA, L TO. TRACT. A DISTANCE OF 2141.85 FEET TO A 1/2. IRON ROO FOUND FOR THE NORTHEAST CORNER OF SAID 40.535 ACRE TRACT, SAID PQINT ALSO BEING THE MOST WESTERLY NORTHWEST CORNER OF THE AFORESAID 324.084 ACRE WYNNWOOD PENINSUlA, L TO. TRACT; . THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Ai. EXHIBIT A. AND TRACT 82, EXHIBIT B, DESCRIBED IN DEED OF PARTITION, RECORDED IN VOLUME 2163, PAGE 433. DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME LINE NJ DESCRIBED IN DEED OF SAID 324.084 ACRE WYNNWOOD PENINSULA, L TO., TRACT; THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 89 DEG. 42 MIN. 25 SEC. EAST, A DISTANce OF 1113.32 FEET TO A 1/X' IRON ROD FOUND FOR CORNER; NORTH 00 DEG. 44 MIN. 11 SEC. EAST. A DISTANCE OF 2347.37 FEET TO A 1128 IRON ROD FOUND FOR CORNER; NORTH 53 DEG. 47 MIN. 45 SEC. EAST. A DISTANCE OF 3532.09 FEET TO A 1/2-,RON ROD Nn"....,,-_... ---- \_- . t\...:c .' \. i \, FOUND FOR CORNER IN THE SOUTH LINE OF BOYD ROAD AS DESCRIBED IN DEED TO THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY. TEXAS; THENCE, SOUTH 89 DEG. 38 MIN. 23 SEC. EAST, ALONG SAID SOUTH LINE OF BOYD ROAD AND THE NORTH LINE OF SAID 324.084 ACRE TRACT, A OISTANCE OF 1180.97 FEET TO A 112:" IRON ROD FOUND FOR NORTHEAST CORNER OF SAID TRACT IN THE WEST LINE OF U.S.A. TRACT G626 OF THE GARZA-LITn.E ELM RESERVOIR PROJECT (NOW CALLED LAKE lEWISVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON COUNTY. TEXAS; THENCE, AlONG THE EAST LINE OF SAID 324.084 ACRE TRACT AND U.S.A. TRACT NO G-626 THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 19 DEG. 20 MIN. 20 SEC. EAST, PASSING C.O.E. MONUMENT NO. a2&-7 FOUND AT 27.78 FEET, AND CONTINUING IN AlL A TOTAL DISTANCE OF 416.72 FEET TO C.O.E. MONUMENT NO. G626-8 FOUND FOR CORNER; SOUTH 00 DEG. 35 MIN. 31 SEC. WEST, A DISTANCE OF 403.72 FEET TO C.O.E. MONUMENT NO. G626-5 FOUND FOR CORNER; SOUTH 45 DEG. 48 MIN. 38 SEC. WEST, A DISTANCE OF 219.95 FEI;T TO C.O.E. MONUMENT NO. G628-4 FOUND FOR CORNER; , SOUTH 21 DEG. 42 MIN. 53 SEC. EAST, A DISTANCE OF 504.71 FEET TO C.O.E. MONUMENT NO. G626-3 FOUND FOR CORNER; SOUTH 64 DEG. 44 MIN. 03 SEC. EAST, A DISTANCE OF 550.27 FEET TO C.O.E. MONUMENT NO. G626~2 FOUND FOR CORNER; SOUTH 16 DEG. 23 MIN. 14 SEC. WEST, A DISTANCE OF 516.70 FEET TO C.O.E. MONUMENT NO. G626-1 FOUND FOR CORNER; THENCE. SOUTH 88 DEG. 52 MIN. 21 SEC. EAST, CONTINUING AlONG THE SOUTH LINE OF SAID U.S.A. TRACT G-626, A DISTANCE OF 180.76 FEET TO C.O.E. MONUMENT NO. G627-1 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF AFORESAID 182.79 ACRE ROBERT E. STRIEF TRA(:T AND THE NORTH WEST CORNER OF U.SA TRACT 0827 COttVEYED BY DEeD RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT ClAIM DEED TO E. SMllli AND ORA MAE SMITH RECORDED IN VOlUME 488, PAGE 418, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST liNE OF SAID STRIEF TRACT AND THE WEST liNE OF U.S.A. TRACT G627 THE FOLLOWING TEN COURSES AND .DISTANCES; SOUTH 32 DEG. 43 MIN. 30 SEC. EAST, A DISTANCE OF 719.98 FEET TO C.O.E. MONUMENT NO. G627-2 FOUND FOR CORNER: SOUTH 01 DEG. 14 MIN. 39 SEC. WEST, A DISTANCE OF 250.38 FEET TO C.O.E. MONUMENT NO. 0827-3 FOUND FOR CORNER; NORTH 77 DEG. 49 MIN. 13 SEC. WEST. A DISTANCE OF 250.67 FEET TO C.O.E. MONUMENT NO. G627~ FOUND FOR CORNER; November 2. 2000 (~- ( I \~_ ( c_ NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 271.42 FEET TO C.O.E. MONUMENT NO. G627-4A FOUND FOR CORNER. AT THE SOUTH CORNER OF A 0.23 ACRE TRACT OF lAND CONVEYED FROM ROBERT E. STRIEF to U.S.A. BY DEED RECORDED iN VOLUME 2457, PAGE 193, REAl PROPERTY RECORD. DENTON COUNTY. TEXAS; NORTH 03 DEG. 58 MIN. 27 sec. EAST, A DISTANCE OF 98.26 FEET TO C.O.E. MONUMENT NO. G827..-B FOUND FOR CORNER; NORTH 17 DEG. 12 MIN. 22 SEC. WEST, A DISTANCE OF 117.41 FEET TO C.O.E. MONUMENT NO. G8274C FOUND FOR CORNER; SOUTH 14 DEG. 15 MIN. 55 SEC. WEST, A DISTANCE OF 72.63 FEET TO C.O.E. MONUMENT NO. G827-4D FOUND FOR CORNER; NORTH 21 DEO. 11 MIN. 57 SEC. WEST, A DISTANCE OF 148.34 FEET TO C.O.E. MONUMENT NO. 0627-5 FOUND FOR CORNER; SOUTH 19 DEG. 07 MIN. 15 SEC. WEST, A DISTANCE OF 443.35 FEET TO C.O.E. MONUMENT NO. G627-8 FOUND FOR CORNER; SOUTH 24 DEG. 59 MIN. 05 SEC. EAST, A DISTANCE OF 499.68 FEET.TO C.O.E. MONUMENT NO. 827-7 FOUND FOR CORNER, SAID POINT BEING THE NORTHWEST CORNER OF A U.S.A. TRACT G628 CONVEYED BY DEED RECORDED IN VOLUME 385. PAGE 99 AND MODIFIED BY QUIT ClAIM DEED TO E. SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY. ~XAS; . THENCE, CONTINUING ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF SAID U.S.A. TRACT 0628 THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 30 DEG. 03 MIN. 06 SEC. WEST. A DISTANCE OF 393.89 FEET TO C.O.E. MONUMENT NO. G62a..2 FOUND FOR CORNER; SOUTH 41 DEG. 31 MIN. 21 SEC. WEST, A DISTANCE OF 1038.81 FEET TO C.O.E. MONUMENT NO. G828-3 FOUND FOR CORNER; SOUTH 14 DEG. 19 MIN. 34 SEC. WEST, A DISTANCE OF 196.83 FEET TO C.O.E. MONUMENT NO. G828.... FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT; THENCE, NORTH 88 DEO. 23 MIN. 28 SEC. WEST, ALONG THE SOUTH LINE OF SAID STRlEF TRACT A DISTANCE Of 375.97 FEET TO A 518wIRON ROD WITH PlASTIC CAP STAMPED .CARTER & BURGESS. SET FOR CORNER; THENCE, CONTINUING ALONG SAID SOUTH LINE AND THE NORTHWESTERLY LINE OF U.S.A. TRACT G628. THE FOlLOWING 'TWO COURSES AND DISTANCE: NORTH 43 CEO. << MIN. 52 SEC. WEST, A DISTANCE OF 148.52 FEET TO THE REMAINS OF C:O.E. MONUMENT NO. G828-8 FOUND FOR CORNER; Nftt,..a......._-,.. ---- I' 11101 I ,afUnIl. I J,~U!!U!.!ILCl.D!....-P"'~- 1-;: .......,------- =4O'.9S' 3800 of 1 0 I 51! I c:J f!Jlf. rKf 4500 sr 0 53 = 5ff. 95' 4-750.f I 20'1 I 180 I l-::1 SO' . 110' 115oo.1 I 353 I 38'1 I = !ill' . 1~ 720D of 212 J46 r::::I 76' " 130' \)750 Il1 I 136 I 133 I C &5' " 130' 11060 ., I 115 I !19 I !:::l Il6' . 140' 11900 af I 0 I 123 I = UO'. 100' 14400 sf 68 210 _~~~~_~~~l~_l_~_~_______ Totol I 1.146 I 1.62.4 I " -"'/ .... ll;laMllllM LKJ^n i"> 't> Oonlllty tnlrlsler "" d1_ per plQMOO d"""'opmen\ ot...ck!rdtl from Sf' ~ \/III... (2) Ooinolly 1r<m<J{Gr ... _...d per pIonned dovel"f'lnonl .tonclonls tom VIlla 10 sr. "t) I.l:r.l't;t~'~ ~ r--- ! i "~::.~~:: , r" (-~...... r/ '1;' --to ._" ' " '."--:"- ~~~~"~.. ! _ 8C:4Lll t:b~t-~c:.J (~lI!ll:!Il ~~,,~g, ~ ~ m X ::I: OS =i OJ _J:egen2._________ c::J Common Are_AflPrOlllmate Loca~ion t::::.l Future Area 537 Contour __Phase Line c::::; Natural Areal Phase 1 Golf Coursll Eltisting Retail I MF = Canals &: Lake Zoning Line = Public IS _.,'?' Hike & 6i!<G Trtlli", ehQRj~6 Concrete Troff'" Amenity e@",.... 6' OeC>QmpolilGld GI.anlt.... Trail Overlool<oor "'lGrMto <Ill O\lf<>od \0 or Ill. cn~ C ~l:C~ fuf " -..... . ~fllJlIlIilIIlIJ'W' ll"Gnrm "J,1<W,.~~ ...... --- aee.-.....~1mB _YlI_ ..--- Tlt.J:Q.I9'I'MI'Io'tW fJ:M6it.fJ1HtMI1? Do\1li! : 61i1CBMODR 2O,.2Ofl ....... 4SO\~NO,om3Dtl8 _, (!PI