HomeMy WebLinkAboutOrdinance No. 2010-1841
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 10-1841
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 BUSINESS
PARK (BP) TO BUSINESS PARK-SPECIFIC USE PERMIT (BP-SUP) TO
ALLOW A WIRELESS COMMUNICATION FACILITY ON
APPROXIMATELY 7.165 ACRES, LOCATED ON THE SOUTH SIDE OF
MEMORIAL DRIVE BETWEEN MARKET STREET AND MAIN
STREET, APPROXIMATELY 1500 FEET WEST OF FM 423, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' AND DEPICTED
ON EXHIBIT `U' WHICH ARE ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND
LANDSCAPE PLAN, WHICH ARE ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBITS"C' AND `D;' RESPECTIVELY;
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.
SUP09-0002 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
Business Park (BP) to Business Park-Specific Use Permit (BP-SUP) to allow a wireless
communication facility on approximately 7.165 acres, located on the south side of Memorial
Drive between Market Street and Main Street, approximately 1500 feet west of FM 423, and
being more particularly described in Exhibit "A" and depicted on Exhibit "B," which are attached
hereto and incorporated herein.
Page 1
TM 40935.76.121109
SECTION 2. 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 the following Special Conditions:
(A) That the wireless communication facility shall be constructed in compliance with
the approved Site Plan, the Comprehensive Zoning Ordinance and the
Telecommunication Ordinance.
(B) That the property shall be landscaped in accordance with the approved Landscape
Plan, which is attached hereto.
SECTION 3. That the Site Plan and the Landscape Plan, which are attached hereto and
incorporated herein as Exhibits "C" and "D", respectively, be and the same are hereby approved.
SECTION 4. 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 5. 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 6. 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 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 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 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.
Page 2
TM 40935.76.121 109
DULY PASSED by the City Council of the City of The Colony, Texas, this the 5°i day of
January, 2010.
APPROVED:
J E McC RRY, MAYOR
ATTEST:
l
CHRISTIE WILSON, CITY SECRETARY
APPROV A TO FO M:
ROBERT E. HALER, TY ATTORNEY p
(REH/cdb)
l ` Af•
ea '
Page 3
TM 40935.76.121109
FIELD NOTES
ACCESS EASEMENT
BEING all that certain lot, tract or parcel of land situated in the H. Hedgecox Survey, Abstract No. 533, in the City of
the Colony, Denton County, Texas, and being part of called 7.165 acre tract described in a deed from Colony 34, Ltd.
to the City of the Colony as recorded in Deed No. 2006-153879, Deed Records of Denton County, Texas, and being a
12 feet in width access easement, the centerline of said easement being more particularly described as follows:
COMMENCING from a 1/2 inch iron rod found at the southeast corner of said 7.165 acre tract;
THENCE N 65°59'01" W along the south line of said 7.165 acre tract a distance of 145.57 feet and N 24°25'54" E
across said 7.165 acre tract a distance of 619.75 feet to the POINT OF BEGINNING of the centerline of said easement;
THENCE S 65°34'06" E across said 7.165 acre tract a distance of 30.00 feet to a point, for a corner;
THENCE N 24°25'54" E across said 7.165 acre tract a distance of 211.92 feet to the POINT OF TERMINATION of
the centerline of said 12 feet in width access easement.
1, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon
are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on
March 31, 2009, under my supervision.
Ronald D. Wimberley, R.P.L.S. No. 6005
WIMBERLEY SURVEYING PROFESSIONALS
DATE: April 3, 2009 2824 TERRELL ROAD, SUITE 405
JOB NO. 09029 GREENVILLE, TEXAS 75402
903-450-8100
OF, T
RONAUD D. WIMBERLEY
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