HomeMy WebLinkAboutOrdinance No. 09-1823
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1823
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 AGRICULTURE ("A") TO
PLANNED DEVELOPMENT-23 ("PD-23-R2") TO ALLOW FOR MIXED
USE DEVELOPMENT ON APPROXIMATELY 40.29 ACRES OF
PROPERTY LOCATED NORTH OF LEBANON ROAD AND WEST OF
FM 423, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; AND AMENDING ORDINANCE NO. 09-1802, PD-23, BY
EXPANDING THE SAME TO INCORPORATE THE 40.29 ACRES INTO
SAID PLANNED DEVELOPMENT; PROVIDING FOR DEVELOPMENT
STANDARDS; 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. Z09-0006
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 Agriculture ("A")
to Planned Development-23 ("PD-23-R2") to allow for mixed use development on
approximately 40.29 acres of property located north of Lebanon Road and west of FM 423,
which such property shall thereafter be included as a part of said Planned Development, and
being more particularly described in Exhibit A, attached hereto and incorporated herein for all
purposes.
Page 1
Z09-0006 / PD-23-R2 TM 38082.76.000
BE IT FURTHER ORDAINED:
That Ordinance No 09-1802, being PD-23, be and the same is hereby amended by
expanding said Planned Development to include the 40.29 acres described in Exhibit A.
SECTION 2. That the property shall be developed and used only in accordance with the
City of The Colony Zoning Ordinance and Ordinance No. 09-1802, and the exhibits attached
thereto, as amended.
SECTION 3.. That the Comprehensive Zoning Ordinance of the City of The Colony,
Texas, as amended, and Ordinance No. 09-1802 shall remain in full force and effect, save and
except as amended by this ordinance.
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, and Ordinance No. 09-1802.
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 17th day of
August, 2009.
Page 2
Z09-0006 / PD-23-R2 TM 38082.76.000
APPROVED:
6L, Z4;,Zoo~~
Y, MAYOR
J McC
UnN
ATTEST:
JJCHR*IIE WILSON, CIT CRE ARY
APPROV TO FORM:
ROBERT E. HAGER, Y ATTORNEY .3' b
(REH/edb 0 8113109
Page 3
Z09-0006 / PD-23-R2 TM 38082.76.000
EXHIBIT A
Metes and Bounds Description of the Property
LEGAL DESCRIPTION, - 4029 ACRES
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R.
Survey, Abstract 179, and being a part, of that tract of land conveyed to Wynnwood
Peninsula Partners, L.P. recorded in Document No. 2008-5640, Deed Records Denton
County, +nu1 being further described as follows:
BEGINNING at a Ctxp of Engineer monument found for the southwest corner of that
tract of land conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document
No. 2008-5640• Deed Records Denton County, said point being in the east line of the
Ouza-Little Elm Dam and Rcservoir(Lake Lewisville);
THENCE along the northwesttxly boundary line of said Wynn wood tract of land and the
boundary line of said Carta-Little Elm Dam and Reservoir, (Lake Lewisville) as follows:
North 45 degrees 22 minutes 03 seconds East, 575.78 feet to a Corp of
Engineer moni rent four4 for corner,
South 66 degrees 13 minutes 05 seconds East, 550.42 feet to a Corp of
Engineer monument found for corner;
North 55 degrees 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe
post found for corner;
South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a four inch pipe
post found for comer,
North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe
post found for comer;
North 09 degrees 43 minutes 33 seconds West, 105.85 feet to a four such pipe
post found for comer,
Notch 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe
post found forcomer;
South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe
post found forcomer;
North 06 dcgtecs 45 rnit:utus 37 s"tonds East, 122.83 rwl to a four inch piper
post found forcomer;
North 55 degrees 32 minutes 07 seconds East, 542.48 firer to a Corp of
Engineer monument found for comer;
North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of
Engineer monument found for comer;
South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of
Engineer monument found for comer,
South 52 degrees 10 minutes 03 seconds Last, 727.85 feet to a four inch pipe
post found for comer;
South 24 degrees 02 minutes 41 seconds West. 30.84 feet to a four inch pipe
post found forcDmer,
South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe
host found farcorner;
South 50 degrees 34 nunules 06 seconds East, 24.94 fret to a four inch pipe
post found forcorner,
Exhibit A - Page I
DA-3026716 0 1287522-00010
North S7 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe
post found for comer;
South 52 degrm 13 minutes 08 seconds Fast, 77593 feet to a Corp of
Engineer monument found for comer,
North 14 degrees 14 minutes 56 seconds End, 93.27 feet to a point for corner,
MUNCE South 40 degrees 02 minutes 08 seconds West, 370.33 feet to a point for corner
in the south hue of said Wynnwood tract, said point being in the north line ofa tract of
land described as Tract 2 conveyed to Wynnwood Peninsula Partners, G.P. as recorded in
Document No. 2007.146787, Deed Records Denton County;
THENCE along the south Eno of said Wynawood Tract and the north line of said Tract 2
as follows!
South 72 degrees 49 minutes 11 soconds WM 118.05 feet to a seven-eights
inch iron rod found for corner,
North 41 degrees IS minutes 03 se ewAs West, 627.56 fed to a seven-eights
inch iron rod found for comer,
South 32 dogrees 21 minutes 59 seconds West, 9662.29 feet to a seven-eights
inch iron rod found for corner;
South 66 degrees 43 minutes 39 seconds Wcst, 21328.02 ket, to a seven-o iglrts
inch iron rod found for cower;
North 89 degrees 45 minutes 28 seconds West, 562.78 feet to a seven-eights
nch iron rod found for corner;
South 36 degrees S 1 minutes 46 seconds West, 64.89 feet to a point for comer
in the north line of Bo Road
yd (a pr?senpttve use right-of-way):
THENCE South 89 degrees 3 S minutes 43 seconds West, 312.09 feet along the north line
of Boyd Road to the POINT OF BEGINNING and containing 1,754,917 square feet or
401.29 acres of land.
This document was prepared under 22 TAC ¢603.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
r n,
qa-x B. Ramse LS. No_ 4172
DAM R RAUM
June 13, ?
;YA 4179
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Exhibit A - Page 2
DA-30267160 1287522-00010
EXHIBIT B
Depiction of the Property
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Exhibit B
DA-3026716 v21287522-00016