Loading...
HomeMy WebLinkAboutOrdinance No. 2026-2637AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO.2026-_Zk33 (CHELSEA GREEN -PH 2) AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 18 (PD -18) TO AMEND THE DEVELOPMENT STANDARDS AND DEVELOPMENT PLAN FOR THE APPROXIMATELY 4.9 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "A" AND COMMONLY REFERRED TO AS THE CHELSEA GREEN PHASE II DEVELOPMENT; 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 property described on Exhibit "A" is currently zoned planned development 18 (PD -18); and WHEREAS, the City Council approved the Planned Development zoning for PD -18 on November 6, 2000 by adopting Ordinance No. 00-1245, and has adopted several subsequent amendments to that ordinance; and WHEREAS, the applicant has made a request to amend PD -18 to apply Chelsea Green development standards to the development plan as reflected on Exhibits "B" and "C" for the approximately 4.9 acre tract of land described on the attached Exhibit "A" and known as Chelsea Green; and WHEREAS, after discussion and consideration, the City Council has determined that the revised development standards on Exhibit "B" and revised development plan on Exhibit "C" should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That PD -18 is hereby amended for the property described on Exhibit "A" to change the development standards as shown on Exhibit "B" and to change the Development Plan as shown on Exhibit "C" which shall also serve as the Concept plan for the property described on Exhibit "A", which exhibits are attached hereto and incorporated herein for all purposes. An updated development standards table for PD -18 and PD -23 that has been represented, but includes no amendments for property other than the property described on Exhibit "A", is included as part of Exhibit "B" to facilitate the administration of PD -18 and PD -23. SECTION 2. 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 Page 1 2155.013\103053.5 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 3. That this Planned Development shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD -18, as amended. SECTION 4. That the Zoning Ordinance of the City of The Colony, Texas, as amended, and all ordinances establishing and amended PD 18, 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 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 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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 3RD DAY OF FEBRUARY 2026. ATT T: I , —, 'X — Tina Stewart, TRMC, CMC, City Secretary APPROVED A Jeffrey L. M ore, City Attorney Page 2 APPROVED: Richard Boyer, Mayor City of The Colony, T 2155.013\103053.5 Exhibit "A" Metes and Bounds Description Chelsea Green Phase II (4.9 Acres Total) LEGAL DESCRIPTION BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the T.D. Luckett Survey, Abstract No.752, and being all of that called Tract 1-0.682 acre tract of land and being all of that called Tract 2-4.241 acre tract of land described in deed to MSW CHELSEA GREEN, LP, as recorded in Document Number 2023-12483, Official Public Records of Denton County, Texas, and being a part of Southern, a fifty foot wide right-of-way as recorded in Document Number 2024-58, Official Public Records of Denton County, Texas and being further described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped "JBI" found at the northeast corner of said Tract 1, said point being in the west right-of-way line of Lebanon Road (a 120 foot wide right-of-way) according to the plat recorded in Cabinet W, Page 268, Denton County Plat Records; THENCE Southwesterly along the west right-of-way line of said Lebanon Road, 124.19 feet along a curve to the left, having a central angle of 03 degrees 27 minutes 15 seconds, a radius of 2,060.00 feet, a tangent of 62.12 feet and whose chord bears South 04 degrees 12 minutes 34 seconds West, 124.18 feet to a one-half inch iron rod with yellow cap stamped "JBP' found at the south east corner of said Tract 1; THENCE South 89 degrees 18 minutes 15 seconds West, 1,294.56 feet along the south line of said Tract to a one-half inch iron rod with yellow cap stamped "JBP' found at the southwest corner of said Tract 2, said point also being the southeast corner of Lot 1, Block A, The Tribute New Course, an addition to the City of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records; THENCE North 38 degrees 20 minutes 39 seconds East, 394.59 feet along the west line of said tract 2 and along the east line of said Lot 1 to a one-half inch iron rod with yellow cap stamped "BLS" found in the south line of Chelsea Green at Tribute, an Addition to Denton County as recorded in Document Number 2024-58, Official Public Records of Denton County, Texas; THENCE along the north line of said Tract 2 and along the south line of said Chelsea Green at Tribute as follows: South 51 degrees 39 minutes 21 seconds East, 151.23 feet to a one-half inch iron rod with yellow cap stamped "JBP' found for corner; South 83 degrees 09 minutes 08 seconds East, 35.50 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner in the south right-of-way line of said Southern; THENCE Southeasterly along the north line of said Tract 2 and along the south right-of-way line of said Southern, 62.57 feet along a curve to the left, having a central angle of 71 degrees 41 minutes 59 seconds, a radius of 50.00 feet, a tangent of 36.13 feet and whose chord bears South Exhibit A — Page 1 2155.013\103053.5 29 degrees 00 minutes 08 seconds East, 58.57 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; THENCE North 89 degrees 18 minutes 15 seconds East, 27.29 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; THENCE Northeasterly, 12.21 feet along a curve to the left, having a central angle of 04 degrees 23 minutes 05 seconds, a radius of 159.50 feet, a tangent of 6.11 feet and whose chord bears North 87 degrees 06 minutes 42 seconds East, 12.20 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; THENCE North 84 degrees 55 minutes 09 seconds East, 5.93 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner in the south right-of-way of said Southern, said point being in the north line of said Tract 2; THENCE along the north line of said Tract 2 and along the south right-of-way of said Southern as follows: Northeasterly, 7.59 feet along a curve to the left, having a central angle of 08 degrees 42 minutes 10 seconds, a radius of 50.00 feet, a tangent of 3.80 feet and whose chord bears North 56 degrees 47 minutes 08 seconds East, 7.59 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; North 89 degrees 18 minutes 15 seconds East, 527.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; Southeasterly, 29.42 feet along a curve to the right, having a central angle of 07 degrees 19 minutes 40 seconds, a radius of 230.00 feet, a tangent of 14.73 feet and whose chord bears South 87 degrees 01 minutes 55 seconds East, 29.40 feet to a one-half inch iron rod with yellow cap stamped "JBP' found for corner; South 83 degrees 22 minutes 05 seconds East, 269.72 feet to the POINT OF BEGINNING and containing 214,589 square feet or 4.926 acres of land. Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton County Plat Records. Exhibit A — Page 2 2155.013\103053.5 N � U O of Qn U En O 4- C4" 4" c U 00 i W U Q O ~ > 00 �aC� at t �i Cd N > o . k .C�3 N a> cd 1401 .ri) H m a N 0 0 0 O O N 1 o O [� Q\ C� N N � O ON v� C V1 vi O n kr) Gr o C1 N Vl ;mod piopa;um 60 oON o ON ON O suopaeg aq,L o o .� o o " o 0 00 N N 00 ua1J aql b b mopimN ajomelln jL o ,8 sgao'j aq,L o o 0 0 0 0 0 00 N N 00 O O ouliamleg o 0 o n n o O O uanegauo;S V1 ON T o oN v1 vi Q1 N Vl CD o o dangpaM uaapjagV 0 0 0 n o aSepHA O a+ Cami C C d i C p C L p famsNI a rig N 0 O O N N 0 ;mod plo;aaIBM o N N 0 O vl Vl �O N N ;asiamoS O N N 0 O v1 �O N N 7 saapjeg aq jL O O v D N N v O cq N N 'v nalf) aqJ o N 00 n N N o sbopeoN aiomepn jL 'g `sg3o7 aqs o " kn N N 0 vl O 00 v'� N N 0 N omiouquo o o 0 O V'1 V'1 N N o2eegaa03S In N N b N N N 0 N N 0 ,V nq;saM o N N naapjagd o N N *OMEN a3emA cn U v- v, a? U U7 U .° c °u oC°ii C7 n U bDM c N .O O N O � a"a E � U U o a M r•i r`: N T y 0 o CG O U U W � . cn A � U N O O 7 •� jo C� GC 7 6C7 N� Y �'., N U N G a� > COL. O rt3 'r m b❑ cd O A t C n w d a a p o C b Y V V Yt V N A O o C� V: � CR = 2 v1 N tn cisF'� DR -DE 00 kn w O O o E •b o 424 L � O 41 C Q v d O> O 'A O O vl Vl O !� •--� O� •-• ria L�. w CW r- C7 o o �p 1� -.C, N kn V) N N z .b O F p OV 4-i O > U CC CD C O V'1 CD M M O O 00 O Z M cd 00 O O O W O 7i ++ O w O OD p U c w e E LT. O V ed E pp CC o ee .0 V L V V d O i V 3 d 01 V] CCM F• dAA+� r' L L CC V V N V L L v �+ OCd A Vi d O aaaaw O O O V'v,zn da aha 41tw 3 tea= L C C C C O O O C_ L C C> L t 7 � � U bDM c N .O O N O O � � U U M 0 o CG U W � . cn A � U N O O jo C� >C N a� Notes to Tables above: 1. Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 2. Lots designed as a 40 -foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14 feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall also be accommodated as parallel parking on the street in front of the home. All other standards for the 40 -foot alley product shall be as noted for Somerset and Westbury above. 3. Chimney and bay window encroachments will be allowed a maximum of two feet into the front and side yards. Where a minimum five-foot side yard setback is required, side yard encroachments on common property lines must be separated by a minimum 20 -foot clearance between combustible overhangs and/or walls. The measurement will be parallel to the common property line. 4. The minimum house size for all Villages except Chelsea Green, Waterford Point, Westbury, and excluding single family rentals, is 2,000 square feet. 5. The minimum house size for single family rentals is 1,795 square feet. 6. The minimum house size for Waterford Point with a minimum 48 -foot front lot width shall be 1,600 square feet. 7. The minimum house size for Waterford Point with a minimum 55 -foot front lot width shall be 1,800 square feet. 8. The minimum house size for Westbury on a lot with a minimum 41 -foot front lot width and a 40 foot alley lot width shall be 1,800 square feet. The minimum house size for all other lots shall be 2,000 square feet. 9. The minimum garage size for Chelsea Green (townhomes and single-family detached) shall be 370 square feet. 10. The minimum garage size for Westbury Phase 4 and Westbury Phase 6 shall be 370 square feet. Tandem garages are permitted without limitation and regardless of lot size in Westbury Phase 4 and Westbury Phase 6. 11. Villages that show more than one lot type in the table above may be developed with any of the lot types shown, and development regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat. 12. Each Village shall be allowed to have model homes. Lots identified as model home locations may be developed in accordance with any of the development regulations in this chart that apply to the applicable village. 13. For Adeline only, a. A row of shrubs, whose purpose is to create a visual screen of the marina, shall be provided on those lots as identified on Exhibit C. The shrubs shall be planted in a planting bed and be a minimum of 24 inches tall at the time of planting and planted no more than three feet apart, unless otherwise approved by the Planning Director based on a species for which a wider spacing is appropriate. The shrubs shall be maintained by the property owner. Exhibit B — Page 1 2155.013\103053.5 B- b. All lots shall provide landscape in accordance with the most current Tribute DRGs, as amended. Required landscaping shall be maintained, inspected, and enforced in accordance with the current Tribute DRG's, as amended. i. Yards adjacent to streets shall be turfed with hydromulch or sod. ii. An acceptable means of soil erosion in the rear and side yards shall be provided. iii. Landscaping throughout the development shall include the use of similar materials and products to create a consistent image and level of quality. This will be reflected in primary entry areas, secondary entry points, amenity centers, and throughout the development with special identifiers and signage. 14. The following apply for Chelsea Green. a, The exterior facade of each single-family detached home shall follow the masonry requirements applicable to The Lochs and Tullamore Meadows. b. Street trees may be located either within the townhome platted lot or within the adjacent right of -way, and either location shall satisfy landscape requirements. c. A single-family detached lot on a curve or a cul-de-sac may be 55 feet in width as long as the lot area meets the minimum area square footage. A single-family detached lot on a curve or cul- de-sac may be 95 feet in depth as long as the lot area meets the minimum square footage. d. Outdoor living areas, whether the area is covered by a roof which is integrated into the house or not, shall not count towards lot coverage. e. For a townhome use, there shall be a minimum of one 4 -inch caliper tree for every two townhome lots. f. For a single family detached use, landscaping shall be provided in accordance with the current Tribute DRG 3 s, as amended. Required landscaping shall be maintained, inspected, and requirements enforced in accordance with the current Tribute DRG's, as amended. PD -18 & PD -23 HISTORY: For informational purposes only, the following is a list of ordinances adopting and amending PD -18 and PD -23 through the date of this ordinance: 1. Original Ordinance 00-1245 (adopted 11/6/2000) established zoning for PD -18 (The Tribute). 2. Ordinance 06-1700 (adopted 12/4/2006) rezoned 25 acres, restricted single family and golf villa height not to exceed 40 feet, and allowed two -foot chimney and bay window encroachments and batch plants. 3. Ordinance 07-1745 (adopted 12/3/2007) established development standards. 4. Ordinance 09-1798 (adopted 3/2/2009) added the following definition for Height: Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 5. Ordinance 2012-1982 (adopted 10/2/2012) changed development standards for Balmerino. 6. Original Ordinance 09-1802 (adopted 4/6/2009) established zoning for PD -23. Exhibit B — Page 2 2155.013\103053.5 7. Ordinance 09-1823 (adopted 8/17/2009) added 40 acres of mixed use to PD -23. 8. Ordinance 09-1824 (adopted 8/17/2009) added 4.8 acres of mixed use to PD -23. 8. Ordinance 2012-1964 changing the sign regulations for PD -18 and PD -23. 9. Ordinance 2013-2023 (adopted 9/3/13) changed the development standards for Aberdeen, Westbury, Stonehaven, Balmerino, Lochs, Tullamore Meadows, Glen and The Gardens. 10. Ordinance 2014-2057 (adopted 3/4/2014) provided for temporary batch plants. 11. Ordinance 2015-2176 (adopted 11/17/2015) added development standards for Tribute West (now known as Waterford Point). 12. Ordinance 2019-2351 (adopted 2/19/2019) changed development standards for Westbury. 13. Ordinance 2021-2442 (adopted 7/2/21) rezoned 23.866 acres in Tract 1 to Tract 1 A - single family rental units (multi -family greencourt). 14. Ordinance 2021-2451 (adopted 10/6/21) established site plan for 166 single family rental units on 23.866 acres — Tract 1A. 15. Ordinance 2022-2464 (adopted 4/5/22) establishing revised development standards and development plan for 29.691 acres (Chelsea Green). 16. Ordinance 2024-2582 (adopted 116/24) (Chelsea Green and Adeline). Exhibit B — Page 3 2155.013\103053 5 W ozP il § f o Q a t�E)wa Es v P 1# 1 a s t o a W 0 4� , w Ek _Ali 8 fICIp Yj U V W d btl 0 -D�iA�AAAHAA9AAAAA 6001 '0., 13-..LSOY ANbnS AOiAVd'S 4s.�...: . AT �$ e zS W=a<s s o e � e b SN W '39; a o ¢ k�Jyq � UZcn Wm 5 g4p £ 8: 1; M iff 1 N