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Home My WebLink AboutOrdinance No. 09-1824 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1824 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 (6'PD-23-R199) TO ALLOW FOR MIXED USE DEVELOPMENT ON APPROXIMATELY 4.872 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 4.872 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 body of the Ci g g governing Y tY 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. Z09-0007 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-R1") to allow for mixed use development on approximately 4.872 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. 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 4.872 acres described in Exhibit A. Page 1 TM 38078.76.000 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. PASSED by the City Council of the City of The Colony, Texas, this the day of DU Yd 1t~ , 2009. APPROVED: J McCO Y, AYOR ATTEST: Page 2 Z09-0007 / PD-23 to PD-23-R] TM 38078.76.000 CHRI IE WILSON, CI SEC ARY APPROVE TO FO z= Y [ ROBE AT E. HAGE , Y ATTORNEY (REH/cdb 0 8/13/09) Page 3 Z09-0007 / PD-23 to PD-23-R1 TM 38078.76.000 EX MIT A Metes and Bounds Description of the Property LEGAL DESCRIPTION - TRACT I BEING a parcel of land located in Denton County, Texas, a part of the J. ROBERTSON SURVEIL ABSTRACT No. 1507 and a part of the RICHARD G. DUNLAP SURVEY, ABSTRACT M. 352, and also being a part of that tract of land described as Tract 2, conveyed to Wynnwood Peninsula Partners, L. P. recorded in Document No. 2007- 146787, Deed Records Denton County, and being further described as follows: BEGINNING at one-half inch iron rod found at the northeast comer of said Tract 2, said point being the southeast comer of a tract of land conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document No. 2008-5640, Deed Records Denton County, said point also being in the west line of a land described as Tract 2 conveyed to Waterston LP as recorded in Document No. 2007-139619, Deed Records Denton County; THENCE South 00 degrees 20 minutes 30 seconds East, 854.99 feet along the east line of said Tract 2 and the west line of said Waterston tract to a point for corner in the centerline of Lebanon Road; THENCE South 89 dobr'ecs 05 minutes 25 seconds West, 219.03 ..cot along the center of Lebanon Road to it point for comer; THENCE North 00 degrees 26 minutes 10 seconds West, 1068.71 feet to a point for corner in the north line of said Tract 2, said point being in the south line of said Wynnwood tract; THENCE along the north line of said Tract 2 and the south line of said Wynnrood tract as follows: North 72 degrees 49 minutes 11 seconds East, 5.98 feet to a point for corner; South 45 degrees 34 minutes 44 seconds East, 302.86 fact to the PONT OF BEGINNING and containing 212,212 square feet or 4.872 acres of land. This document was prepared under 22 TAC §663.21, 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 ofthe political subdivision for which it was prepared. Dan B. Ramsey L.S. No. 4172 ~'ta lunar 12, 2003 ~h,,. . `~~it r_r'•r t DA-30273620 1287522-00010- Exhibit A -Page 1 C EXHIBIT B Depiction of the Property N I P.O.B. 1 kick IN FEET 200 ft. (TRACT 2) WYNNWOOD PENINSULA NY~01tp PARERS. L P- %aw DDC. N0. 2oaa~-5sao TRACT 2 mm. 8 couwa ANNE ATON TRACT r- ORDINANCE NO. 98-07-03 " WfJ WATERSTME LP L4 DOC. NO. 2007 -139619 (TRACT 1) 1Irw TRACT 2 WINNWOOD PENINSULA PARTNERS, L.P. DOC. NO. 2007-146787 TRACT 1 GI G, , A AP C;TY OF THE COLONY qj-.v_:• ANNEXATION TRACT 4C i;r ORDINANCE NO. 275 LINE TABLE LINE BEARING 015TANCE Li "F 54.9 ' L2 212.03' 7300'26'1 " 1 .7 ' L4 5.98' L5 S45 '44"E 302.88' LII 00' '4 "E 37 .3 LEBANON ROAD L7 30215W L2 L8 S724WII*W 2-98. L9 N . .1D.W 4 6, L10 S 1"03'50"E .342,-V-... Exhibit B - Page 1 DA-30273620 1287522-00010