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Home My WebLink AboutOrdinance No. 09-1818 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1818 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SINGLE-FAMILY ("SF") TO PLANNED DEVELOPMENT-24 ("PD-249') TO ALLOW FOR DEVELOPMENT AND OPERATION OF A CITY FACILITY ON APPROXIMATELY 22.75 ACRES OF PROPERTY LOCATED EAST OF THE EAST LAKE HIGHLANDS DRIVE AND FOREST DRIVE INTERSECTION, COMMONLY KNOWN AS 1 HARRIS PLAZA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR THE APPROVAL OF THE CONCEPT 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, the City Planning and Zoning Commission and the governing body of the City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. Z08-0008 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from Single-Family ("SF") to Planned Development-24 ("PD-24") to allow the development and operation of a City facility on approximately 22.75 acres of property located east of the East Lake Highlands Drive and Forest Drive intersection, commonly known as 1 Harris Plaza, and being more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the City of The Colony Zoning Ordinance, Subdivision Ordinance and building codes, except as set forth in the following Development Standards: Page 1 TM 38077.76.000 A. Prior to the issuance of any building permits, a detailed site plan, landscape plan, and building elevations shall be submitted to the Planning and Zoning Commission and the City Council for consideration and approval. SECTION 3. That the Concept Plan, which is attached hereto as Exhibit B and made a part hereof for all purposes, is hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance 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 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. 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 Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. 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 20th day of July, 2009. APPROVED: i J McCOU Y, MAYOR Page 2 TM 38077.76.000 ATTEST: CHRISTIE WILSON, CITY SECRETARY tl.. S Y l1l APPROVED AS TO FORM: a ae,a e,.. R E T E. 14AGE14, CIT ATTORNEY (REWcdb 0 7/17/09) Page 3 TM 38077.76.000 Exhibit A Legal Description Being a tract of land situated in the R. P. Hardin Survey, Abstract Number 611, Denton County, Texas, and being all of that tract of land called 12.2219 acres described in Deed to The Colony Municipal Utility District No. I of Denton County, Texas, as recorded in Volume 1043, Page 287 in the Deed Records of Denton County, Texas (D.R.D.C.T.), all of that tract of land called 2.00 acres described in Special Warranty Deed to the Colony Municipal Utility District No. 1, as recorded in Volume 934, Page 330 D.R.D.C.T. and that called 8.196 acres described in Special Warranty Deed to the Colony Municipal Utility District No. 1, as recorded in Volume 934, Page 342 D.R,D,C.T., and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod for the common northwest corner of said called 8.196 acre tract and an ell corner of the Garza-Little Elm Lake Estates, an addition to the City of The Colony, as recorded in Cabinet A, Page 80 of the Plat Records of Denton County, Texas (P.R.D.C.T.); THENCE North 89 degrees 05 minutes 48 seconds East, along a south line of said Garza-Little Elm Lake Estates and the north line of said called 8.196 acre tract, a distance of 695.05 feet to a point for corner; THENCE South 18 degrees 53 minutes 19 seconds West, departing said south line and along the east line of said called 8.196 acre tract, a distance of 608.02 feet to a found brass monument in concrete stamped "U.S. ARMY CORP OF ENGINEERS 611-5 1981" for the common southeast corner of said called 8.196 acre tract and the northeast comer of said called 12.2219 acre tract; THENCE South 79 degrees 18 minutes 08 seconds East, departing said east line and along the north line of said 12.2219 acre tract, a distance of 519.29 feet to a point for corner; THENCE South 23 degrees 44 minutes 24 seconds West, departing said north line, passing the northeast corner of The Colony No. 17, as recorded in Cabinet K, Page 79 P.R.D.C.T. and continuing along the common line between said called 12.2219 acre tract and said Colony No. 17 for a total distance of 708.59 feet to a point for corner; THENCE South 80 degrees 59 minutes 08 seconds West, continuing along said common line, a distance of 329.23 feet to the point of curvature of a circular curve to the right having a radius of 100.00 feet and whose chord bears South 84 degrees 59 minutes 18 seconds West, a distance of 13.96 feet; THENCE Southwesterly, continuing along said common line and along the arc of said circular curve to the right through a central angle of 08 degrees 00 minutes 20 seconds for an are length of 13.97 feet to a point for corner; THENCE South 88 degrees 59 minutes 37 seconds West, continuing along said common line, a distance of 364.92 feet to a point for corner at the intersection of said common line with an easterly line of said Garza. Little Elm Lake Estates; THENCE North 00 degrees 48 minutes 12 seconds West, departing said common line and along an east line of said Garza-Little Elm Lake Estates, passing the common northwest corner of said called 12.2219 acre tract and the southwest comer of that called 8.196 acre tract at a distance of 747,69 feet and continuing for a total distance of 1,368.69 feet to the POINT OF BEGINNING AND CONTAINING 991,094 square feet or 22.75 acres of land, more or less. 3 EXHIBIT B Nil till v 0r 11-U 0 I ~1 ~ '•li~ lA `~t f R r4.T~.~'~~,- f~ r- i 4--__-__ i WEE i c L _ ~ 1t 111 ~ 01-4 - k• y ` 1 f~M /tl t ! i I - j• R 3i i~1 I iRl i"i i0i ! ` i ~Y~ tE~ lyf~ I I i' I I i i I ~ -.31 R t ! / l i;L1_L~.~PI J J~i U. ILL L _11i U.J1_t~l_Ll.ll_ill.l i -Mum ' ~ ' ~ r • • I - i X41 ~ ~ 1 i I