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HomeMy WebLinkAboutOrdinance No. 2013-2018 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2013 - 2018 WATER'S EDGE PLANNED DEVELOPMENT NO. 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ON APPROXIMATELY 29.08 ACRE TRACT OR TRACTS OF LAND LOCATED IN THE RICHARD G. DUNLAP SURVEY, ABSTRACT NO. 352, CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND COMMONLY REFERRED TO AS THE WATER'S EDGE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES, BY CHANGING THE ZONING ON THE APPROXIMATELY 29.08 ACRE TRACT OR TRACTS OF LAND FROM AGRICULTURAL DISTRICT (A), TO PLANNED DEVELOPMENT DISTRICT NUMBER 26 TO BE KNOWN AS THE WATER'S EDGE PLANNED DEVELOPMENT DISTRICT; ESTABLISHING THE PLANNED DEVELOPMENT DISTRICT AND LAND USES; PROVIDING THAT THE DEVELOPMENT SHALL BE IN CONFORMANCE WITH THE DEVELOPMENT PLAN ATTACHED HERETO AS EXHIBIT "B"; ESTABLISHING SPECIAL STANDARDS AND PRIVATE STREET DEVELOPMENT AND MAINTENANCE STANDARDS; ESTABLISHING LIGHTING AND SIGNAGE STANDARDS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before the 15th day before the date of the public hearing; and WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of The Colony, Texas, provides the following, "A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation in the City of The Colony stating the time and place of such hearing which time shall not be earlier than fifteen (15) days from the date of publication;" and WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and 1 otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and finds that said changes should be granted, and that the Code of Ordinances should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the approximately 29.08 acres of land, located within the Richard G. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas, and encompassing all of the Water's Edge subdivision, an addition to the City of The Colony, Denton County, Texas, as recorded in Cabinet N, Page 18, Cabinet O, Page 138, and Cabinet P, Page 70 of the Plat Records of Denton County, Texas, and being more particularly described in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes, and presently zoned Agricultural District (A) is changed to Planned Development District No. 26. Water's Edge Planned Development District (PD-26) with residential land uses, as more fully described herein. SECTION 3. That the property described in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes, shall be developed in conformance with the Development Plan, attached hereto as Exhibit B of this Ordinance, and shall be subject to the Development Standards attached hereto as Exhibit C of this Ordinance, which is attached hereto and incorporated herein for all purposes. SECTION 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. SECTION 5. That any person, firm or corporation violating a provision of this Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. That the provisions of this Ordinance, if held invalid or unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. SECTION 8. This Ordinance shall become effective immediately upon its passage and publication as required by law. 2 PASSED AND APPROVED this day ofg 2013. 7M cGourr, Mayor ATTEST: 1 4.Christie Wilson, City Secretary APPROVED AS TO FORM: I Jeff Moore, 6tY Attorney ``'1«xr 3 WATER'S EDGE PLANNED DEVELOPMENT DISTRICT ORDINANCE No. 26 Exhib& A Legal Description of Water's Edge Subdivision Being a tract of land situated in the Richard G. Dunlap Survey, Abstract No. 352, Denton County, Texas, and encompassing all of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, and also encompassing all of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet 0, Page 138 of said Plat Records of Denton County, Texas, and also encompassing all of Water's Edge, an addition to Denton County, Texas as recorded in Cabinet P, Page 70 of said flat Records of Denton County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point for the south corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, said point being in an east line of a tract of land described as Tract No. G-609 deeded to the United States of America as recorded in Volume 381, Page 173 of the Deed Records of Denton County, Texas, said point also being in the west line of a tract of land described as Tract No. G-601 deeded to the United States of America as recorded in Civil No. 772 of the District Court Records of the United States District Court for the Eastern District of Texas, Sherman Division; THENCE North 46 degrees 41 minutes 13 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 394.93 feet to a point for corner; THENCE North 06 degrees 52 minutes 01 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 390.86 feet to a point for corner; THENCE North 38 degrees 03 minutes 21 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 479.87 feet to a point for comer; THENCE North 18 degrees 25 minutes 28 seconds East, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 191.3 9 feet to a point for corner; THENCE North 40 degrees 54 minutes 11 seconds East, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 797.81 feet to a point for the northwest corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas; 4 THENCE South 58 degrees 49 minutes 36 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 239.38 feet to a point corner; THENCE South 20 degrees 45 minutes 06 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 452.61 feet to a point for comer; THENCE North 13 degrees 11 minutes 36 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 374.23 feet to a point for corner, THENCE North 70 degrees 46 minutes 20 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 267.58 feet to a point for the northeast corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, said point being in an existing west City Limit Line of The Colony and in the east line of said Tract G-609, said point also being in a west line of Garza- Little Elm Lake Estates, an addition to the City of The Colony, Denton County, Texas; THENCE South 00 degrees 09 minutes 17 seconds West, with the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with said existing west City Limit Line of The Colony, with the east line of said Tract G-609 and with the west line of said Garza-little Elm Lake Estates, a distance of 933.56 feet to a point for an exterior ell comer in the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas and for an exterior ell corner in the east line of said Tract G-609, said point being an interior ell corner in said existing west City Limit Line of The Colony, said point also being the southeast corner of said Water's Edge as recorded in Cabinet P, Page 70 of said Plat Records of Denton County, Texas, said point also being the southwest corner of said Garza-Little Elm Lake Estates, said point also being in the north line of Haven Hills Mobile Home Estates, an addition to the City of the Colony, Denton County, Texas; THENCE North 89 degrees 53 minutes 06 seconds West, with the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with the south line of said Water's Edge as recorded in Cabinet P, Page 70 of said Plat Records of Denton County, Texas, with said existing west City Limit Tine of The Colony, with the east line of said Tract G-609 and with the north line of said Haven Hills Mobile Home Estates, a distance of 654.12 feet to a point for an interior ell corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas and for an interior ell corner in the east line of said Tract G-609, said point being an exterior ell comer in said existing west City Limit Line of The Colony, said point also being the northwest comer of said Haven Hills Mobile Horne Estates; 5 THENCE South 00 degrees 01 minutes 45 seconds East, with the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with said existing west City Limit Line of The Colony, with the east line of said Tract G-609 and with the west line of said Maven Hills Mobile Horne Estates, passing at a distance of 500.00 feet a point for an exterior ell corner in said existing west City Limit Line of The Colony, said point being the southwest corner of said Haven Hills Mobile Home Estates and the northwest corner of said Tract No. G-601, in all, a distance of 794.48 feet to the POINT OF BEGINNING, and containing 1,176,635 square feet or 27.012 acres of land, more or less. Note: (1) Basis of Bearing is referenced to the plat of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas 6 Exhibit B Development Plan Total Acreage: 29.08 Blk A Blk A Lot 16 Lot 19 81k A Let 29 elk A Lct 28 Blk A Lot 17 Slk A Bilk A Lot 16 Lot 20 Slk A Lot 27 O 81k A aerie Lot 15 7(j 81k 8 Blk A ~0f4 Lot 9 Sk C Lf Lot 26 c~mo. HIk A 3> > F,t ; tj Lot 11 Blk B ro Lot 10 R Slk 8 Blk A fLot BR Lot 25 to Btk A f•; Slk A Lot 12R Lot 21 d 81k B Lot NR BlkA $ Lot 21 Bilk B Lot 7R Blk A Slk 8 - Blk A Blk A I Bit It Ll 'R io-- Lot 11 Lot 12 Lot 22 Loi 23 areal Blk B Lot 13R .i~ i~) ;~RIVFTE iTREETi i Blk A Blk B Blk B Lot 10 Lot 1dR~.; Lot 6R Blk A 81k B Blk B Blk B Blk 7 Lot 9 r" Blk B Lot AIR Lot 3R Lot 2R Blk B Lot O~ Lot5 Lot IR 54R Qy tl 81k A Lot 8 "'..A a¢C Lot ? ' f Blk A Lot 6 C tc K c ~ Blk A !B Lot 5 o C1 c 4 Blk A Lotd Slk A Private Roa, c Lot 3 I Dnveway Easmert Waters Edge Waters Edge Lake Access ~r Blk A ~ Lott Common Area Bik A N _ Lot 1 W1' ti 7 EXHIBIT C STANDARDS, REGULATIONS AND CONDITIONS SECTION 1. ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICT AND LAND USES That Planned Development Number 26 is hereby established for a certain 29.08 acre tract of land, commonly referred to as the Water's Edge Subdivision, and being more particularly described in Exhibit A, attached hereto, located west of Haven Hill Drive and Lake Highlands Drive, adjacent to Lake Lewisville, comprised of the platted Water's Edge Addition, providing for the following uses: 1.1 Single Family Uses. Permitted uses shall be all principal and accessory uses which are allowed by right in the SF Single Family Residential Zoning District, in accordance with the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the SF Single Family Residential Zoning District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. 1.2 Other Single Family Uses. (a) Short term rental (thirty [30] days or less). No rentals of any kind shall be allowed for periods of thirty (30) days or less. (b) Mid-term rental (more than thirty [30] days) For any period in excess of thirty (30) days, a residence may be occupied by only one family unit consisting of persons related by blood, adoption, marriage or other legal custodial control such as foster care, or no more than two unrelated persons living together as a single housekeeping unit. Live-in household servants are permitted in addition to the family unit. (c) Long term rental. Lease or rental of a home for single family unit residential purposes shall be permitted. 1.3 Recreational Vehicle/Boat Storage Common Area. Lot 1R, Block 16 of Garza Little Elm Subdivision shall be designated as a common area that will be developed for uses such as a neighborhood playground, neighborhood recreation area or storage area for recreational vehicles, boats and trailers. If used for vehicle, boat and/or trailer storage, prior the development of these common areas, a site plan for its use will be brought to the City of The Colony for consideration. If the common area is used for a recreational vehicle and/or boat storage area, the plans will include provisions to contain all toxic leakage from stored vehicles, trailers and boats to prevent such leakage from reaching the lake or ground water. The common areas shall provide adequate landscaping and screening to ensure that the storage area does not have a negative visual impact to the surrounding area. If this area is used as a storage area, then living in or occupying any camper, trailer or recreationally vehicle located in a common area is prohibited. 8 1.4 Other Uses. A Specific Use Permit shall be required for all uses otherwise requiring a Specific Use Permit in the SF Single Family Residential Zoning District, in accordance with the Comprehensive Zoning Ordinance, as amended. Such Specific Use Permits shall be subject to the conditions established in Appendix A, Section 10-900, and as amended of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations. SECTION 2. DEVELOPMENT PLAN That development shall be in conformance with the Development Plan, attached hereto as Exhibit B. SECTION 3. SPECIAL STANDARDS 3.1 Height and Views. To preserve lake views, residences shall conform per the requirements of the Water's Edge adopted Covenants, Conditions and Restrictions, and as may be amended. 3.2 Setback Regulations. Area Size Front yard setback 25 feet Rear yard setback 8 feet Side yard setbacks 8 feet SECTION 4. PRIVATE STREET DEVELOPMENT AND MAINTENANCE 4.1 Private Street Development Designation. The streets and hilltop common driveway (referred to jointly as "streets") within the Properties shall be private streets and shall be constructed, maintained and/or reconstructed by the developer of the property, the Homeowners Association for the property (the "Association") and/or the individual property owners of the property; provided, however, the streets shall always be open to residents and their invited guests, emergency vehicles, solid waste collection vehicles, public and private utility maintenance and service personnel, the US Postal Service or other delivery or parcel service and governmental employees in pursuit of their official duties. 4.2 City Inspections and Cure of Streets. Notwithstanding that the City of The Colony shall not have any obligation to maintain or reconstruct the private streets as aforesaid, the City may, but is not obligated to, inspect said private streets and require repairs necessary to ensure that the same are maintained to the City's standards for said street 9 improvements. In the event that the Association shall fail to carry out its duties as specified under this Article, the City or its lawful agents shall have the right and ability, after sixty (60) days prior written notice to the Association, to perform the responsibilities of the Association and to assess the Association or the Owners for all costs incurred by the City in performing said responsibilities. The City is hereby empowered to enforce any and all liens and lien rights granted to the Association to enforce the assessments required pursuant to this Article; and/or to avail itself of any other enforcement action available to the City pursuant to applicable State or City codes and regulations. 4.3 Emergency Vehicle Access upon the Lots. Anything herein to the contrary notwithstanding, there is hereby created on all private driveways having access to the private streets under this Article, a separate and distinct easement to permit emergency vehicles to turn off or any private streets into said driveways for the purpose of permitting said vehicles to reverse directions on the said private street or provide services within the Addition. As used herein, the term "emergency vehicle" shall include, but not be limited to, fire trucks, ambulances, police cars, snow plows, tow trucks and any other vehicle required for the purpose of preserving free access or performing emergency services on any lot within the Properties. If the Association fails to maintain said access, the City may enter the Properties and remove any gate or device which is an impediment to access, at the sole expense of the Association. SECTION 5. COMMON AREAS 5.1 Common Area Structures. All structures including, but not limited to, mailbox kiosks, gates, signage and fences, shall be maintained by the Association in good repair. The Association shall be responsible for the replacement of same, as deemed necessary. 5.2 Common Area Landscaping. The Association shall be responsible for the installation, maintenance and replacement, as necessary, of the common area landscaping including, but not limited to, parkway landscaping along the roadways, entrance landscaping and irrigation systems for the common area landscaping. SECTION 6. ARCHITECTURAL CONTROL COMMITTEE REVIEW Architectural Control Committee (ACC) Review. Any new construction or renovation or addition that would require a building permit from the City of The Colony shall be reviewed and approved by the ACC prior to being submitted to the City. 10