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Home My WebLink AboutOrdinance No. 2014-2114 CITY OF THE COLONY,TEXAS ORDINANCE NO.2014- cpU L1 COLONY PROPERTIES PD-16 TEXT AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL 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 REVISING DEVELOPMENT STANDARDS ON AN APPROXIMATELY 31.10 ACRE TRACT OR TRACTS OF LAND WITHIN PLANNED DEVELOPMENT NO. 16 (PD-16), BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT A, AND DEPICTED IN EXHIBIT B, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN, BY REVISING THE SIGNAGE AND PARKING 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 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; and 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, Texas, 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 these Text Amendments 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 the signage and parking development standards, a copy of which are attached hereto as Exhibit C, for an approximately 31.10 acre tract or tracts of land within Planned Development No. 16 (PD-16), being more Page 1 particularly described in Exhibit A, and depicted in Exhibit B, a copy of which are attached hereto and incorporated herein for all purposes. SECTION 2. 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 as amended herein by Exhibit C, which is attached hereto and incorporated herein for all purposes, for said 31.10 acre tract or tracts of land within Planned Development No. 16 (PD- 16). SECTION 3. 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 4. That the Comprehensive 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 5. 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, Texas, 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 6. 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 16th day of December,2014. APPROVED: �.-6- ,�iime....,„ J• McCou ,, Mayor ATTEST 1,(41,_l 1J )J Jnr aioo, Christie ilson,City Secretary 4,��'"o m -., i D AS TO FORM__ _:,,IW ; � , t • 444lig 1 1. 4: eff Moore,; ity Attorney = • •..... ••5 44 � TEX�P► Page 2 EXHIBIT A LEGAL DESCRIPTION Page 3 TRACT B-1 Being a 26.2205 acre tract of land situated in the B.B.B. &C.R.R. Survey, Abstract No. 174. City of The Colony. Denton County,Texas and being part of a 47.651 acre tract of land conveyed to Colony 5 Partners, LLC, a Delaware Limited Liability Company, by deed as recorded in Document Number 2012- 140998 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the northwest right-of-way line of State Highway No. 121, right-of-way widened by deed as recorded in County Clerk's File No. 2014-6187, Deed Records of Denton County, Texas, said point also being on the west line of said 47.651 acre Colony 5 Partners, LLC tract and the east line of a tract of land described in deed to 30/The Colony, Ltd., a Texas limited partnership, by deed and recorded in County Clerk's File No. 2003-R0095422, and Volume 5355, Page 2847 of the Deed Records of Denton County,Texas; THENCE North 29°15'33" West and departing the northwest right-of-way line of Sate Highway No. 121 and following along the west line of said 47.651 acre Colony 5 Partners, LLC tract and the east line of said 30/The Colony Ltd. tract for a distance of 344.38 feet a 5/8" iron rod set for corner, said point being the beginning of a curve to the left having a radius of 1000.00 feet with a central angle of 29°20'33" and a chord bearing North 43°55'50" West at a distance of 506.55 feet; THENCE Northwesterly and following along said curve to the left and along the west line of said 47.651 acre Colony 5 Partners, LLC tract and the east line of the said 30/The Colony Ltd. tract for an arc distance of 512.12 feet to a 5/8" iron rod set for corner; THENCE North 58°36'06" West and continuing along the west line of said 47.651 acre Colony 5 Partners, LLC tract and the east line of said 30/The Colony Ltd. tract for a distance of 191.04 feet to a 5/8" iron rod set for corner; THENCE North 60°44'27" East and departing the west line of said 47.651 acre Colony 5 Partners, LLC tract and the east line of said 30/The Colony Ltd.tract and across said 47.651 acre Colony 5 Partners, LLC tract, for a distance of 1326.17 feet to a 5/8" iron rod set for corner in the west right-of-way line of South Colony Boulevard, said point being in the arc of a curve to the right having a radius of 3984.80 feet with a central angle of 00°44'28" and a chord bearing South 29°38'17" East at a distance of 51.55 feet; THENCE Southeasterly and following along said curve to the right and along the west right-of-way line of said South Colony Boulevard for an arc distance of 51.55 feet to a 5/8" iron rod set for corner; THENCE South 29°16'03" East and continuing along the west right-of-way line of South Colony Boulevard, for a distance of 258.06 feet to a 5/8" iron rod set for corner, said point being the northwest corner of a tract of land dedicated for right-of-way purposes as recorded in County Clerk's File No. 2014- 6188 Deed Records of Denton County,Texas; THENCE South 60°44'13" West and following along the west right-of-way line of said South Colony Boulevard as widened by right-of-way deed and recorded in County Clerk's File No. 2014-6188 Deed Records of Denton County,Texas, for a distance of 6.17 feet to a 5/8" iron rod set for corner; THENCE following along the west right-of-way line of said South Colony Boulevard as widened by right- of-way deed and recorded in County Clerk's File No. 2014-6188 Deed Records of Denton County,Texas, the following courses and distances numbered (1)through (8); (1) South 29°44'07" East,for a distance of 126.63 feet to a 5/8" iron rod set for corner; (2) Thence South 22°21'48" East,for a distance of 174.54 feet to a 5/8" iron rod set for corner; (3) Thence South 56°30'14" East, for a distance of 50.60 feet to a 5/8" iron rod set for corner, said point being the beginning of a curve to the right having a radius of 183.00 feet with a central angle of 11°23'25" and a chord bearing South 24°08'36" East at a distance of 36.32 feet; (4) Southeasterly along said curve to the right for an arc distance of 36.38 feet to a 5/8" iron rod set for corner; (5) South 18°26'54" East,for a distance of 119.02 feet to a 5/8" iron rod set for corner, said point being the beginning of a curve to the left having a radius of 299.70 feet with a central angle of 09°59'36" and a chord South 23°28'05" East at a distance of 52.21 feet; (6) Southeasterly along said curve to the left for an arc distance of 52.27 feet to a 5/8" iron rod set for corner; (7) South 29°12'39" East for a distance of 99.23 feet to a 5/8" iron rod set for corner; (8) South 06°32'08" East for a distance of 43.28 feet to a 5/8" iron rod set for corner in the northwest right-of-way line of State Highway No. 121, right-of-way widened by deed and recorded in County Clerk's File No. 2014-6187. Deed Records of Denton County,Texas; THENCE South 60°44'27" West and following along the northwest right-of-way line od said State Highway No. 121, right-of-way widened by deed as recorded in County Clerk's File No. 2014-6187, Deed Records of Denton County,Texas, for a distance of 1030.42 feet to a 5/8" iron rod set for corner, said point being the beginning of a curve to the left having a radius of 2879.79 feet with a central angle of 00°35'28" and a chord bearing South 60°26'43" West at a distance of 29.71 feet; Southwesterly along said curve to the left and following along the northwest right-of-way line of said State Highway No. 121, right-of-way widened by deed as recorded in County Clerk's File No. 2014-6187, Denton County,Texas, for a distance of 29.71 feet to the point of beginning and containing 26.2205 acres of land, more or less. Tract B-2 Being all of that certain lot, tract or parcel of land situated in B.B.B. & C.R.R. Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas and being a part of the 30.8523 acre property conveyed to 30/The Colony, Ltd., a Texas limited partnership by deed recorded in Volume 5355, Page 2847 of the Deed Records of Denton County,Texas, Now being known as Lot 1, Block A, of 30/The Colony Addition, an addition to the City of The Colony, as recorded under document number , of the official Plat Records of Denton County,Texas, and being more particularly described as follows: Beginning at a %2" iron rod with yellow cap found for corner in the northwest right-of-way line of State Highway No. 121 (a variable width right-of-way), at its intersection with the east line of said 30/The Colony, Ltd. tract and the west line of a 47.651 acre tract of land conveyed to Colony 5 Partners, LLC, a Delaware limited liability company by deed recorded in Document Number 2012-140998 of the Real Property Records of Denton County, Texas and also being the northeast corner of a 0.097 acre tract, said point also being in a curve to the left having a central angle of 02°24'32" with a radius of 2879.79 feet and a chord bearing South 58°56'43" West at a distance of 121.07 feet; THENCE Southwesterly along said curve to the left and following the northwest right-of-way line of said State Highway No. 121 for an arc distance of 121.08 feet to a 5/8" iron rod set for corner; THENCE South 57°44'27"West and continuing along the northwest right-of-way line of said State Highway No. 121 for a distance of 209.95 feet to a 5/8" iron rod set for corner, said point also being the beginning of a curve to the right having a central angle of 02°58'40" with a radius of 2849.79 feet and a chord bearing South 59°13'47" West at a distance of 148.09 feet; THENCE Southwesterly and continuing along said curve to the right and the northwest right-of-way line of said State Highway No., 121 for an arc distance of 148.11 feet to a 5/8" iron rod set for corner; THENCE North 29°15'33" West and departing the northwest right-of-way line of said State Highway No. 121 for a distance of 453.02 feet to a 5/8" iron rod set for corner; THENCE North 60°44'27" East for a distance of 474.66 feet to a 5/8" iron rod set for corner in the common line of aforesaid the 30/The Colony, Ltd. 30.8523 acre tract and The Colony 5 Partners LLC 47.651 acre tract, said point being in the arc of a curve to the right with a central angle of 05°09'39" with a radius of 1,000.00 feet and a chord bearing South 31°50'23" East at a chord distance of 90.04 feet; THENCE Southeasterly along said curve to the right and continuing along the common line of aforesaid the 30/The Colony, Ltd. 30.8523 acre tract and The Colony 5 Partners, LLC 47.651 acre tract for an arc distance of 90.07 feet to a found iron rod set for corner; THENCE South 29°15'33" East and following along the common line of aforesaid the 30/The Colony, Ltd. and Colony 5 Partners, LLC tracts for a distance of 344.38 feet to the point of beginning and containing 4.8782 acres of land more or less. -----:- 13:- 4 .I,• .....-:a'•y T L. ,, RACT B-3 A6 11!"111111111111111CONITYr / - n\ 11"°°• , TRAACTpB1 ` / .-/ v �J 1 - • OPEN SPACE-7 RR'1r. `—, Osrr um..1.7.:PgC a+au'ma.Wa0..•+ rr GmrwN Lr 'rte ••01174.4.."' It _ zp ISI 'Fh,'+}/`��Ilfl r ��CI® PARCEL 8 • W ,� i \ ----:• - 13enslinlinromii.'4.1 7r VZI W 1 WF _ � 1 ' 1 I War Ci) 1 TRACT 8-1 f • I 1581tg �rcrr„ 13--.M... - n Q I t—:;4--�I Erv. ;_ 9}11.5.i" ds '4... _. . •=_:� a - i 1 � , J> z-.. I I � �Y.'fSfiS.'P" {�; - - --t�.,�c.•'... i _.__. .. ... 1.�r. JJ <a r ] __-r TRACT B-7 I x-41 1 fi��...rl Y 4a}.Cap T4 r II 7�• I r r -� —� .m• i-- i' ATTACHMENT4 \- ; Site Exhibit . cr ��e W r..T -'��_1111 Tl �� / .__.. _ ::::-'24 aor ov, m a� - j o �� 4 ill ►0 CONCEPT SLAY m .ala \ { I .—tit-----•_r a t f --!_ .. _ PLANNED OEVEWPYEI.T 16 ANT L 1: -�bq• N.W.C.SM 121!SOUTH COLONY BLVD . ___ �:� _- �:> i� ____ _ THE CICY CF THE COLONY.TEXAS SE --8-1814 I:1n ' . o. 1111 .:, +, ^ "ap •'131.1 1 EXHIBIT"C" REVISED DEVELOPMENT STANDARDS The following development standards shall be enforced in Tracts B1 and B2 of PD-16, as shown on Exhibit"B." Pylon Signs Single-Tenant Sign Type Single Tenant Pylon Type 1 Street Frontage SH121 &South Colony Tract B-2 Max. Height 60' _ Max. Width 20' Max. Effective Sign Area 360 sq.ft. Max. Base Height 20' Support Spacing from Centerline of supports within 4.5 to 5 feet Edge from edge of sign face Pylon Signs Multi-Tenant Sign Type Pylon Type 2 Pylon Type 3 Pylon Type 4 Street Frontage SH121&South Colony Tract B-1 B-1 B-1 Max. Height 60' 60' 40' Max. Width 18' 20' 20' Max. Effective Sign 600 sq.ft. 600 sq.ft. 486 sq.ft. Area Max. Base Height 20' 20' 12' Support Spacing from Centerline of supports within 4.5 to 5 feet Edge from edge of sign face Parking Ratios Use Category Specific Uses(ITE Land Use Number) Minimum Number of Spaces Restaurants Restaurant,Sit Down/Quality(1 hour or 1 space per 100 SF of GFA longer turnover)(931) Restaurants Restaurant,Sit Down/High Turnover(1 hour 1 space per 100 SF of GFA or less) (932) Page 5