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HomeMy WebLinkAboutOrdinance No. 2012-1977 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 2012-1977 TOP GOLF - PD-27 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 REPEALING AND GRANTING A CHANGE IN ZONING FROM BUSINESS PARK (BP) TO PLANNED DEVELOPMENT-27 (PD), APPROXIMATELY 12.88 ACRES LOCATED ON THE SOUTHEAST CORNER OF MEMORIAL DRIVE AND BLAIR OAKS DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED ON EXHIBIT "C," WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR DEVELOPMENT REGULATIONS, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN 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. Z12-0002 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 repeal and grant a change in zoning from Business Park (BP) to Planned Development-27 (PD), approximately 12.88 acres located on the southeast corner of Memorial Drive and Blair Oaks Drive, and being more particularly described in Exhibit "A" and depicted on Exhibit "C," which are attached hereto and incorporated herein into a new Planned Development as provided herein. SECTION 2. That the above property shall be developed and used in compliance with the minimum development standards and regulations, which are attached hereto and incorporated herein as Exhibit "B." 1 Zoning Case Z 12-0002 SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 18th day of September, 2012. Joe cCourry, ayor E" i~ Christie Wilson, City Secretary (PPS V DoAS 10-FORM: Jeff Moore, City Attorney 2 Zoning Case Z12-0002 EXHIBIT "A" LEGAL DESCRIPTION Lot 2, Block A of the Gateway 121 Commercial Subdivision. BEING a 12.879 acre tract of land situated in the B.B.B. & C.R.R.R. Survey, Abstract No. 173, the J.B. Shipps Survey, Abstract No. 1227 and the Thomas Wilson Survey, Abstract No. 1352, City of the Colony, Denton County, Texas, and being part of that tract of land described in Deed without Warranty to Memorial 121 Ltd., recorded in Document No. 2011-111135 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.) and being more particularly described as follows: COMMENCING at a concrete monument with brass disc stamped "TxDOT" found at the West end of a corner clip at the intersection of the northwest right-of-way line of State Highway 121 (variable width R.O.W.) and the northeast right-of-way line of Blair Oaks Road (60' R.O.W.); THENCE N29°14'07"W, along the northeast line of said Blair Oaks Road, a distance of 219.80 feet to a pk nail set in concrete for the POINT OF BEGINNING; THENCE N29°14'07"W, continuing along the northeast line of said Blair Oaks Road, a distance of 483.67 feet to a capped iron rod stamped "Carter & Burgess" found at the South end of a corner clip at the intersection of the northeast line of said Blair Oaks Road and the southeast right-of-way line of Memorial Drive (100' R.O.W.); THENCE N15°46'49"E, along said corner clip, a distance of 35.33 feet to a capped iron rod stamped "Carter & Burgess" found for corner; THENCE N60°46'50"E, along the southeast line of said Memorial Drive, a distance of 1077.73 feet to a point for corner from which a 1/2-inch iron rod found bears S05°15'E, 0.66 feet, same being the northwest corner of Lot 1, Block A of the East Oak Wood Village Addition, an addition to the City of the Colony, recorded by Plat in Cabinet X, Page 746, of the Map Records, Denton County, Texas (M.R.D.C.T.); THENCE S29°13'10"E, along the West line of said East Oak Wood Village Addition, a distance of 509.50 feet to a 5/8-inch steel rebar with yellow plastic cap stamped "BDD" set for corner; THENCE S60°49'29"W, a distance of 1102.58 feet to the POINT OF BEGINNING, containing 561,020 square feet or 12.879 acres of land, more or less. 3 Zoning Case Z12-0002 I EXHIBIT "B" GENERAL PROVISIONS 1. For the purposes of this ordinance, Exhibit C, "Conceptual Plan," indicates the conceptual alignment of thoroughfares and general locations and delineations of development areas within PD-27. 2. No constriction or building permit may be granted until a building site, building tract or building lot has been created by the lot or tract appearing on a plat properly approved by the Planning and Zoning Commission and which is legally recorded in the plat records of Denton County. 3. Prior to the issuance of any building permit for development, a Development Plan (also known as the detailed Site Plan) and Final Plat as required by Sections 10-664 and 10- 682 of the Comprehensive Zoning Ordinance of the City of The Colony, Zoning Ordinance, Ordinance No. 61 shall be submitted and approved by the City Council and made an exhibit and a part of PD-27 and incorporated by reference herein for all purposes. 4. Land uses listed in Table 1, "Land Uses Permitted and Minimum Off-Street Parking Requirements" are considered as permitted uses and off-street parking required within PD-27 regulations. 5. The acreage shown for each tract or parcel of land shall be subject to refinement and adjustments at the time of platting based on the final placement and design of bounding thoroughfares and/or exact determination of buildable areas within each tract. 6. Terms used in the PD-27 ordinance shall have the same definition as was given in the Comprehensive Zoning Ordinance of the City of The Colony, Ordinance No. 61, and as amended, unless otherwise defined herein. 7. The Development Guidelines for the SH 121 Corridor, as adopted by Resolution No. 9612 on July 1, 1996 and the Gateway Overlay District Regulations, as adopted by Ordinance No. 06-1698 on December 4, 2006, and as further amended or restated thereafter to the date of the adoption of PD-27, shall be included as part of the development standards for PD-27, unless otherwise noted herein. 8. All street and thoroughfares shown on the Conceptual Plan shall be designed and constructed in accordance with approved City of The Colony standards. 9. All developments are subject to approval of engineering plans in accordance with City of The Colony standards and specifications. 10. The Owner/Developer shall design and construct drainage infrastructure in accordance with federal, state, and local codes, standards and regulations and dedicate the appropriate easements in accordance with City of The Colony standards. 4 Conine Case Z 12 -0002 DEVELOPMENT PROCESS The property described in Exhibit A shall be subject to the development process as outlined in the Colony Code of Ordinances. DISTRICT REGULATIONS 1. Uses Permitted and Minimum Off-Street Parking Required. Allowed land uses in PD-27 shall include only those uses listed below. All other uses are expressly prohibited unless an amendment to this Planned Development is sought and approved by City Council to allow such use. Table 1 Allowed Land Uses and Minimum Off-Street Parking Recuirements Minimum Off-Street Parking Allowed Land Uses in PD-27 Requirements (expressed as spaces per square feet) Amusement, commercial, inside 1:300 1:300 of internal floor area, plus Amusement, commercial, outside 1:1000 of site area excluding parking and drives Bank, Credit Union or Savings & Loan 1:500 Beverage Store 1:500 Catering Services 1:250 Drug Store or Pharmacy 1:300 Furniture Store 1:1000 Golf, Driving Range 1.5:tee Golf Course 5:hole Miniature Golf 1.5: hole Hotel or Motel 10 spaces plus 1:unit Medical or Dental Clinic or Office 1:300 Outdoor Display none Private School or College 1:500 Professional Office 1:300 Radio and/or TV Transmitting Station 1: employee at max. shift Restaurant with On-premises Alcohol Sales 1:200 Restaurant, Drive-Thru 1:200 Retail uses (other than auto or boat sales or repair) 1:500 Theater, Indoor or Drive-in 1:4 seats 'Unless otherwise noted, the minimum off-street parking requirement is the number of parking spaces based on gross floor area. For example, 1:100 means one parking space is required for every 100 square feet of gross floor area or fraction thereof. Gross floor area means air conditioned floor area within a building. 5 Zoning Case Z12-0002 2. Sale of Alcoholic Beverafes - Pursuant to Section 109.33(e) of the Texas Alcoholic Beverages Code, the City Council hereby grants a variance from the requirements of Sections 10-2205, 10-2206, and 10-2207 of the Comprehensive Zoning Ordinance for property located with the boundaries of PD-27. 3. LandscapinlZ - All landscaping shall meet or exceed the requirements of The City of The Colony's Gateway Overlay District, as defined in the Code of Ordinances. 4. Loading and Service Areas - Loading and service areas, including truck bay doors, loading docks, dumpsters, etc.) shall not be located in any area adjacent to or fronting on S.H. 121. Loading and service areas will not be allowed on the street side of any building, with the exception that any building that faces internally will be allowed to locate the service area on the street side, provided that the service areas and/or loading areas are screened by a masonry fence a minimum of six (6) feet in height. All dumpster enclosures shall be screened with a minimum six (6) foot masonry fence on three (3) sides of the dumpster and a painted metal gate on the 4"i side, that shall remain closed at all times except during servicing. 5. Exterior lighting - All parking lots shall be provided with lighting that shall be either wall or pole mounted, with down-light type luminaires, to minimize glare directed toward the streets and/or adjacent properties. Lighting heights shall be limited as follows: Table 2 Exterior Lighting Regulations Location of Light Standards Maximum Height Parking lots adjacent to S.H. 121 30 feet All other parking lots 25 feet Lighting for screened in golf driving area 125 feet Lighting for miniature golf 20 feet 6. Protective ScreeninI4 Pursuant to Section 12(c) of this document, Top Golf will construct net poles and nets to prevent golf balls from inadvertently leaving the playing area. Such net poles and nets shall not exceed a height of 150 feet. 7. Si na e - All signage shall be in compliance with the City of The Colony's sign ordinance and the regulations of the Gateway Overlay District, as amended. A detailed development plan may include signage that deviates from the sign ordinance and/or the Gateway Overlay District and may be approved by the City Council on a case-by-case basis. 8. Facade Materials and Treatment - The building facade shall be constructed of masonry materials, defined as brick, stone, rock, textured and painted concrete, marble, and glass block. The facade may also use decorative materials such as stucco, EIFS, tilt wall construction, metal, wood or any other material deemed to be architecturally sound. 6 Zoning Case Z12-0002 9. Mechanical Screening - All mechanical equipment, whether located on the ground or upon the roof, shall be screened so that any individual mechanical unit is not visible from the ground level of adjacent properties and/or the rights-of-way. 10. Lot Bulk Standards - The following are minimum requirements for lot area, setbacks and bulk for the PD-27 Zoning District. Table 3 Bulk and Setback Standards for PD-27 Bulk Standard Requirement Front Setback - Facades facing SH 121 5 feet from required landscape buffer Front Setback - Facades facing Blair Oaks Drive 5 feet from required landscape buffer Front Setback - Facades facing Memorial Drive 25 feet from required landscape buffer Front Setback - Facades facing internally 10 feet from any property line Minimum Lot Size 1 acre Minimum Lot Width 100 feet Maximum Building Height 60 feet Maximum Floor Area Ration (FAR) 3:1 Maximum Lot Coverage 75% 11. Live Outdoor Music - Live outdoor music will be permissible during peals hours (defined as Monday through Friday after 6pm, Saturday and Sunday after 5pm), not to be pet-formed after 12am. Music performances are not to exceed 95 dB at a distance of 1 OOm. 12. Miscellaneous Provisions - The following Miscellaneous Provisions are found in the PD-27 Development Regulation: a. No construction or building permit may be granted until a building site, building tract or building lot has been created by the lot or tract appearing on a plat properly approved by the Planning and Zoning Commission and which is legally recorded in the plat records of Denton County. b. All electrical service lines, including feeder lines on the portion of property under development must be placed underground, unless the City Manager or his designee determines the underground placement is not feasible. c. Protective lightweight screening shall be provided wherever any athletic event, sport or activity requires the recovery of sporting goods, such as balls, from inadvertently leaving the designated playing area. 7 Zoning Case Z12-0002 EXHIBIT "C" CONCEPTUAL PLAN rte; 5i 8 Zoning Case 7_,12-0002 EXHIBIT "A" (Property Description to be inserted here) Lot 2, Block A of the Gateway 121 Commercial Subdivision, City of The Colony, Denton County, Texas. I 9 Zonine Casc 7.12-0002