HomeMy WebLinkAboutOrdinance No. 2013-2028
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2013-2028
TRIANGLE PROPERTIES - TRACT D
DEVELOPMENT STANDARDS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING A SPECIFIC 23.3 ACRE TRACT OF LAND IN TRACT "D"
OF PLANNED DEVELOPMENT 16 (PD-16), BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," AND SHOWN IN
EXHIBIT "B," WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN, BY AMENDING THE DEVELOPMENT PLAN, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "C,"
BY REVISING CERTAIN DEVELOPMENT REGULATIONS; 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 Council approved the Planned Development zoning for PD-16 on or
about July 26, 1999; and
WHEREAS, the applicant has made a request for approval of an amendment to the
development plan which include deviating from the city's standards on certain development
regulations; and
WHEREAS, after discussion and consideration, the City Council has determined that the
Revised Development Plan for PD-16, which is attached hereto and incorporated herein by
reference, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That PD-16, being more particularly described in Exhibit "A," which is
attached hereto and incorporated herein, is hereby amended by revising certain development
regulations for a 23 acre parcel of land in Tract D of the development, described in Exhibit "B."
SECTION 2. That the Development Plan previously adopted is hereby amended with the
amended Development Plan, which is attached hereto and incorporated herein as Exhibit "B," be,
and the same is, hereby approved.
SECTION 3. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 99-1129, PD-16, as
amended, and the Revised Development Plan as provided in the attached Exhibit "B" and herein
adopted shall govern the development of said property.
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SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this resolution 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. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 99-1129 shall remain in full force and effect, save and except as amended by this
ordinance.
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 Code of Ordinances of
the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Hundred ($2,000.00) Dollars 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.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 15th day of
October , 2013.
APPROVED:
.Z rf-'
Jf E McCO RRY, MAYOR
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pI STIE WILSON, CITY SECRETARY ~'p`
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APPROVED AS TO FORM:
r ' ri rE X A`'
JEFF MOORE, CITY ATTORNF
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of The
Colony, Denton County, Texas, and being the part of a called 32.3378 acre tract of land
conveyed to Orchid Venture, Ltd., Triangle Property 01, Ltd. and Triangle Property 04, Ltd. by
deed recorded in Volume 5321, Page 3471, Deed Records of Denton County, Texas, and being
more particularly described as follows:
COMMENCING at the south corner of a right of way clip in the northwest line of State Highway
121 (a variable width right of way) at the intersection of the northwest line of State Highway 121
with the southwest line of Morning Star Drive (120' right of way);
- Thence, S 61'20'10" W, with the northwest line of State Highway 121, a distance of
302.50 feet to a found '/2 inch iron rod for a corner at the Point of Beginning; said point
being the southwest corner of Lot 1, Block A of Universal Holdings Inc./121 Addition as
recorded in Cabinet S, Page 146, Plat Records of Denton County, Texas;
THENCE, S 61°20'10" W, with the northwest line of State Highway 121, a distance of 899.49
feet to a found '/2 inch iron rod for a corner at the intersection at the northwest line of State
Highway 121 with the northeast line of South Colony Boulevard (a variable width right of way a
this location);
THENCE, the following courses and distances, with the northeast line of S. Colony Boulevard:
- N 28°40'20" W, a distance of 968.12 feet to a point at the beginning of a tangent curve to
the left with a central angle of 01 °25'27", a radius of 4,084.80 feet, a chord bearing N
29°23' 12" W and a chord distance of 101.52 feet;
- Northwesterly along said curve, on arc distance of 101.53 feet to a point for a corner at the
northwest corner of the said 30.5501 acre tract and the southwest corner of Lot 1, Block A
of Sonoma Grande at the Legends Addition as recorded in Cabinet W, Page 973, Plat
Records of Denton County, Texas;
THENCE, N 61°20'10" E, departing the northeast line of S. Colony Boulevard and with the
southeast line of said Lot 1, Block A of the said Sonoma Grande at the Legends Addition,
passing the common south corner of the Lot 1, Block A of the said Sonoma Grande at the
Legends Addition and Lot 1, Block A of Estancia Addition as recorded Cabinet U, Page 164,
Plat Records of Denton County, Texas, continuing in all a distance of 1,435.16 feet to a found '/2
inch iron rod for a corner in the southwest line of Morning Star Drive, said point the beginning
of a non-tangent curve to the left with a central angle of 01°27'58", a radius of 5,790.00 feet, a
chord bearing of S 21°40'45" E and a chord distance of 148.15 feet;
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THENCE, the following courses and distances with the southwest line of Morning Star Drive;
- Southeasterly, along said curve, an arc distance of 148.16 feet to a found '/2 inch iron rod
at the point of reverse curvature a curve to the right with a central angle of 14°11'57", a
radius of 1,335.00 feet, a chord bearing of S 15°17'16" E and a chord distance of 331.15
feet;
- Southeasterly, along said curve, an arc distance of 332.01 feet to a found '/2 inch iron rod
at the point of reverse curvature, a curve to the left with a central angle of 14°02'03", a
radius of 1,455.00 feet, a chord bearing of S 15°10'49" E and a chord distance of 355.50
feet;
- Southeasterly, along said curve, an arc distance of 356.39 feet to a found '/2 inch iron rod
for a corner, said point being the northeast corner of said Lot 1, Block A of Universal
Holdings Inc./121 Addition;
THENCE, S 61020'10" W, departing the southwest line of Morning Star Drive and with the
northwest line of said Lot 1, Block A of Universal Holdings Inc./121 Addition, a distance of
356.74 feet to found 1/2 inch iron rod for a corner;
THENCE, S 28°39'50" E, with the southwest line of said Lot 1, Block A of Universal Holdings
Inc./121 Addition, a distance of 254.71 feet to the Point of Beginning and Containing 1,330,766
square feet or 30.550 acres, Save and Except a called 5.331 acre tract of land conveyed to The
Colony Senior Community, LP by deed recorded in County Clerk Document Number 2008-
135803, Official Public Records of Denton County, Texas, said tract being Lot 3, Block A of
Triangle 121 Addition as recorded in Cabinet 2009, Page 59, Plat Records of Denton County,
Texas and a called 1.7629 acre tract of land conveyed to Legacy Day School, LLC by deed
recorded in County Clerk Document Number 2010-1605, Official Public Records of Denton
County, Texas, said two tracts being more particularly described as follows:
BEGINNING at the northeast corner of the said 1.7629 acre tract lying in the southwest line of
Morning Star Drive ( a 120 foot right of way) said point also being the southeast corner of Lot 1,
Block A of Estancia Addition as recorded Cabinet U, Page 164, Plat Records of Denton County,
Texas and said point the beginning of a non-tangent curve to the left with a central angle of
O1 °27'58", a radius of 5,790.00 feet, a chord bearing of S 21 °40'45" E and a chord distance of
148.15 feet;
THENCE, the following courses and distances with the southwest line of Morning Star Drive;
- Southeasterly, along said curve, an arc distance of 148.16 feet to a found 1/2 inch iron rod
at the point of reverse curvature a curve to the right with a central angle of 14°11'57", a
radius of 1,335.00 feet, a chord bearing of S 15°17'16" E and a chord distance of 331.15
feet;
- Southeasterly, along said curve, an arc distance of 86.02 feet to a point for a corner at the
southeast corner of the said 1.7629 acre tract;
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THENCE, S 61'20'10" W, departing the southwest line of Morning Star Drive and with the
southeast line of the said 1.7629 acre tract, a distance of 315.96 feet to a point for a corner in the
northeast line of the said Triangle 121 Addition, said point being the southwest corner of the said
1.7629 acre tract;
THENCE, the following courses and distances with the northeast and northwest line of the said
Triangle 121 Addition:
- S 28°39'50" E, a distance of 208.63 feet to a point for a corner;
- S 11°26'01" E, a distance of 141.13 feet to a point for a corner;
- N 74°00'24" E, a distance of 249.53 feet to a point for a corner in the southwest line of
Morning Star Drive, said point being the beginning of a non-tangent curve to the left with
a central angle of 01'10'54", a radius of 1,455.00 feet, a chord bearing of S 15°23'58" E
and a chord distance of' 0.01 feet;
THENCE, Southeasterly, with the southwest line of Morning Star Drive and along said curve, an
arc distance of 30.01 feet, said point being the most easterly southeast corner of the said
Trianglel2l Addition;
THENCE, S 74°00'24" W, departing the southwest line of Morning Star Drive and with the
southeast line of the said Triangle 121 Addition, a distance of 403.36 feet to a point for a corner;
THENCE, S 61-20'] 0" W, continuing with the southeast line of the said Triangle 121 Addition,
a distance of 194.70 feet to a point for a corner at the southwest corner of the said Triangle 121
Addition;
THENCE, N 28°39'50"W, with the southwest line of the said Triangle 121 Addition, a distance
of 571.09 feet to a point for a corner at the northwest corner of the said Triangle 121 Addition
and in the southeast line of the above said Estancia Addition;
THENCE, N 61020'10" E, with the common line of the said Triangle 121 Addition and the said
Estancia Addition, passing at a distance of 393.47 feet the northeast corner of the said Triangle
121 Addition and the northwest corner of the said 1.7629 acre tract, continuing in all a distance
of 739.56 feet to the Point of Beginning and Containing 309,209 square feet or 7.098 acres,
leaving a net area of 1,022,557 square feet or 23.452 acres of land.
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EXHIBIT "B"
SITE EXHIBIT
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EXHIBIT "C"
REVISED DEVELOPMENT STANDARDS
1. The overall parking ratios shall be reduced by up to thirty-three percent (33%) of the
requirements listed for each land use in the Zoning Ordinance, with the exception of any
hotel development, which shall remain as listed in the Zoning Ordinance. The exact
parking ratios will be determined at the time of the City Council approval of the Site
Plans.
2. The overall landscape buffer along the Sam Rayburn Tollway (S.H. 121) shall be fifteen
(15) feet; street trees placed adjacent to the Sam Rayburn Tollway (S.H. 121) in the
reduced landscape buffer shall occupy the same general location as the existing utility
easement and shall use a root guard system to protect existing and proposed utilities from
root encroachment; parking lot landscape islands adjacent to S.H. 121 be spaced no
greater than one (1) for every ten (10) parking spaces; and the square footage of
landscaped area adjacent to S.H. 121 that is eliminated by the reduced buffer width shall
be added to other landscaped areas within the site.
3. The use of shared dumpsters shall be allowed when practical and when the businesses in
question have executed and signed a Shared Dumpster Agreement.
4. The maximum height of the multiple tenant pylon sign shall be thirty (30) feet above the
lanes of the Sam Rayburn Tollway (S.H. 121) adjacent to the placement of the sign.
5. The maximum effective sign area on the multiple tenant pylon sign shall be 600 square
feet.
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