HomeMy WebLinkAboutOrdinance No. 09-1801
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1801
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
ORDINANCE NO. 99-1129, PLANNED DEVELOPMENT-16 (PD-16), BY
AMENDING THE PERMITTED LAND USES FOR TRACT D, BEING
GENERALLY LOCATED NORTH OF STATE HIGHWAY 121, SOUTH OF
MEMORIAL DRIVE, AND WEST OF MORNING STAR ROAD, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH
IS ATTACHED HERETO AND INCORPORATED HEREIN, TO ALLOW
FOR A TEMPORARY LEASING TRAILER AND TEMPORARY
SECURITY TRAILER AS AN ACCESSORY USE; PROVIDING FOR
CONDITIONAL USE REGULATIONS; PROVIDING FOR THE
APPROVAL OF THE 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, Ordinance No. 99-1129 approved the approximate 35.3 acres contained in
Tract D for business park and commercial uses; and,
WHEREAS, the applicant has made a request that a temporary leasing trailer and
temporary security trailer be allowed on the property as an accessory use; and
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 99-1129 establishing PD-16, Tract D, should be amended to allow for the placement
of a temporary leasing trailer and temporary security trailer on the property as an accessory use.
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 by amending the site plan for Tract D to allow for the placement of a
temporary leasing trailer and temporary security trailer as an accessory use on the property generally
located north of State Highway 121 and west of Morning Star Road and being more particularly
described in Exhibit "A," which is attached hereto and incorporated herein.
SECTION 2. That for the purposes of this Ordinance the following conditional regulations
shall apply for the placement of the temporary leasing trailer and temporary security trailer as an
accessory use:
Pagel
PD-I6-REVISED-Z09-0003 TM 35940.76.000
(1) That the temporary leasing trailer shall be removed from the site within one (1)
week of the date of issuance of the Certificate of Occupancy for the Clubhouse.
(2) That the temporary security trailer shall be removed from the site within one (1)
week of the final inspection approval of the entire site.
SECTION 3. That the Site Plan for the temporary leasing trailer and temporary security
trailer as an accessory use, which is attached hereto and incorporated herein as Exhibit "B," be and
the same is hereby approved.
SECTION 4. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 99-1129, PD-16, as
amended.
SECTION 5. 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 6. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 99-1129, as amended by Ordinance No. 05-1604 shall remain in full force and
effect, save and except as amended by this ordinance.
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 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 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 6th day of
April, 2009.
APPROVED:
f
IDA
J DILLARD, MAYOR
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ATTEST:
cl~
CHRISTIE WILSON, CITY SECRETARY
APPROV AS TO FORM f ` „a
ar .
ROBERT E. HAG , CITY ATTORNEY
(REH/cdb 03/ /09)
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EXHIBIT A
LEGAL DESCRIPTION TieCt C
34.5512 ACRE TRACT BETWEEN CENTER LINE OF
MORNING STAR BOULEVARD AND CENTER LINE
OF SO. COLONY BLVD. AT MEMORIAL DRIVE
Being 1,505,051 square feet or 34.5512 awe tract of land situated in the B.B.B. 8 C.R.R. Co. Survey,
Abstract No. 174, City of the Colony, Denton County, Texas, and being the part of a called 781.450
acre tact of land conveyed to PaigWi 21 Partnership, Ltd. by Sp me! Wamw* Dead recorded in
County Clerk File No. 96-80068033, Dead Records of Denton County, Texas, and being more
particularly described as fbNows:
COMMENCING at a twrud rii Inch iron rod at the intersection of the northwiest tins of State H%ft wy
121 with the southwest line of the Burlington Northern Railroad (a variable width right of way at this
location), said bound 'fie Inch iron rod being the southeast comer of the avid 781.450 we trw*
Thence, S 61019'26' W, with the northwest Nne of State Highway 121, a datance of 382.75 feet to a
point; Thence, S 57°30'48' W. continuing with the northwest tine of State lltg wmy 121, a distance of
501.65 fleet to a point Therese 8 61°20'10" W, continuing with the r+o timst line of State HWuny
121, a diaterws of 2,547.58 feet to a point at the inlose~ction of the northwest line of State Hk t #my
121 with the oenter line of proposed South Colony Boulevard (a proposed 100 foot right of way);
Thence, N 28040'20' W, with the awftr line of South Colony Boulevard, a distance of 888.11 fleet to
the beginning of a tangent curves to the left with a central angled 01°26'3t'r', a rwkn of 4,034.80 feat,
a chard disterm of N 29023'35' W and a chord distance of 101.53 feat" Thence, Norttw esterly,
coring with the center Ww of South colony Boulevard and along said curve, an we distance or
101.53 That to the Point of Beginning, said point the beginning of a tangent curve to the left with a
enh angle of 12610'5T, a radius of 4,034.80 feet, a chord bearing of N 3601718" Wand a chord
Astance of 856.29 feet:
THENCE, No O NAsterly, oorNinuirp with the center line of proposed South Colony Boulevard and
along said curve, an we dMw oe of 857.91 Beet to a point for a comer at the Intersection of proposed
South Colony Boulevard with the center tine of proposed Memorial Drive (a proposed 120 foot right of
way), said point the beginning of a non4ingent o"s to the right with a central angle of 20°56'52', a
radius of 3,820.00 f w% a chord bearing of N 59°38'56' E and a chord dstanos of 1,388.96 test;
THENCE, Nortl~eastsrly, with the coital tine of proposed Memorial Drive and along said curve, an we
distance of 1,398.62 feet to the point of tangency;
THENCE, N 770727 E, continuing with the center line of Memorial Drive, a distance of 449:66 feet
to a point at the intersection of the amber tine of Memorial Drive with the ca Jag line of Morning Star
Boulevard (a 120 foot right of way), said point the beginning of a non-targern curve to to left with a
central angle of 08" 24'04', s radlue of 5,730.00 fleet, ado bearing of S 16°38'51' E and a chord
distance of 839.43 feet;
THENCE, Soctheestsrly, with the center line of Morning Star Boulevard and along said curve; an are
distance of 840.19 feet to a point for s oorner;
THENCE, S 61°20'10' W, departing the center tins of Morning Star Boulevard, a distance of 1,545.74
to the Point of Beginning.
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