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HomeMy WebLinkAboutOrdinance No. 621 CiTY OF THE COLONY, TEXAS ORDINANCE NO. ~'~/ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, PAS~ED AND APPROVED ON JUNE 4, 1979, GRANTING A CHANGE IN ZONING ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM AGRICULTURAL TO PD, PLANNED DEVELOPMENT DISTRICT WITH ALLOWABLE USES OF SF, SINGLE- FAMILY DWELLING, NF, MULTI-FAMILY DWELLING, SCHOOL, CHURCH AND RECREATIONAL FACILITIES, IN ACCORDANCE WITH THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND WITH A CONCEPTUAL PLAN, SITE ANALYSIS, AND PROGRAM STATEMENT; PROVIDING THAT THE DEVELOPMENT CONDITIONS SHALL BE CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, application was made to amend the official Zoning District Map of the City of The Colony, Texas (the "City") by making application for the same with the Planning and Zoning Commission of the City of The Colony, Texas, as required by State statutes and the Zoning Ordinance of the City and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of The Colony, Texas; and WHEREAS, the City Council of the City of The Colony, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether the requested zoning should be granted or denied: safety of the motoring public and pedestrians; safety from fire hazards and measures for fire control; protection of property from flood or water damages, noise producing elements and glare of vehicular and stationary lights ad effect of such lights on the character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use; adequacy of parking as determined by requirements of this ordinance for off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and W~EREAS, the City Council of the City of The Colony, Texas, at a public hearing called by the City Council of the City of The Colony, Texas, did consider the following factors in making a determination as to whether this requested zoning should be granted or denied; effect on the congestion of the streets, the fire hazards, panic and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council of the City of The colony, Texas further considered among other things the character f the districts and their peculiar suitability for particular uses and the view to conserve the value of buildings, and to encourage the most appropriate use of land throughout the City; and WHEREAS, the City Council of the City of The Colony, Texas, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning change does not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of The Colony, Texas, does find that the zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of The Colony, Texas has determined that there is a necessity and need for the change in zoning and has also found and determined that there has been a change in the condition of the property surrounding and in close proximity of the tract of land requested for a change since the tract of land was originally classified and therefore feels that the respective changes in zoning classification for the tract of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City, and help promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section I. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Ordinance No. 61 of the City of The Colony, Texas (the "City"), being the Comprehensive Zoning Ordinance of the City of The Colony, Texas, as amended, passed and approved on June 4, 1979 (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended in the following particulars, and that all other sections, subsections, paragraphs, sentences, phrases and words of said Comprehensive Zoning Ordinance are not amended, but shall remain intact and are hereby verified, ratified approved and affirmed: ' A. That the allowed use of 2 tracts of land being approximately 187.66 and 182.79 acres in size in the BBB AND CCR Survey, Abstract No. ]82, Denton County, Texas, and and 2 tracts of land being approximately 97.25 acres in size in the Thompson D. Luckett Survey, Abstract No. 752, Denton County, Texas as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, which, in accordance with the Comprehensive Zoning Ordinance, as amended, is presently zoned A, Agricultural District, is changed to PD, Planned Development District for SF Single Family Dwelling District, MF Multi Family Dwelling District, School, Church and Recreational Facilities uses in accordance with the requirements set forth in the conceptual plan attached hereto and incorporated herein as Exhibit "B" and with the specific requirements contained in this ordinance, and with the comprehensive site plan of the development. Section 3. That the herein described property shall be used in the manner for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this planned development. Section 4. That a development plan and site plan which shall be in conformity with the conceptual plan shown in Exhibit "B" shall be submitted by the Owner and Developer as required by the Comprehensive Zoning Ordinance, shall be approved or disapproved in accordance with the procedures set forth in the Comprehensive Zoning Ordinance and shall be filed, approved and made a part of this ordinance prior to the issuance of any building permit in this PD, Planned Development District. Section 5. That all development on the property described in the attached Exhibit "A" and made the subject of this ordinance shall be in accordance with those standards and regulations set forth in Exhibit "B" attached hereto and incorporated herein for all purposes. ' Section 6. That in carrying out the development of the PD, Planned Development District, the development conditions shall be conditions precedent to the granting of a certificate of occupancy and compliance as required by the Comprehensive Zoning Ordinance. Section 13. That the City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the herein change in zoning. Section 14. That in all other respects of the tract or tracts of land herein-above described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 15. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety,, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonable anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 16. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 17. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding 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 18. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 19. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance ~3hall become effective from and after the date of it final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the llth day of December 1989. Don ck, M~br ' ATTEST: .... ks, City Secretary APPROVED AS TO FORM: John Boyle, City Attorney MEETS AND BOUNDS MAP ORDINANCE NO. EXHIBIT "A" -AHIBIT "C" Comceptual Development Plan EXHIBIT "B" Site Analysis Plan ORDINANCE NO. EXHIBIT "C" WYNNWOOD PENINSULA OW~EES: '\ DEVELOPM]ENT PLAN RIC~0LS TRUSTS ROBERT E, STRIEF THE COLONY, TEXAS STRIEF CAPITAL CORPORATION BY: PAUL S. UNZICKER, INC. ENGINEERS / PLANNERS / SURVEYORS ORDINANCE NO. EXHIBIT "D" WYNNWOOD PENINSULA TABLE OF CONTENTS Introduction / Development Concept Location Map - General (North of Dallas) Location Map - Specific Aerial of Site Meets and Bounds Map Exhibit "A" Legals Exhibit "B" Site Analysis Plan Exhibit "C" Conceptual Development Plan Exhibit "D" Development Standards Tracts 1,2 and 3 Single Family (Detached) Exhibit "E" Development Standards Tracts 4 and 5 Single Family (De~ached) Exhibit "F" Development Standards Tract 10 Single Family (Detached) Exhibit "G" Development Standards Tract 11 Single Family (Detached) Exhibit "H" Development Standards Tract 12 Single Family (Detached) Exhibit "I" Development Standards Tract 9 Mixed Use Exhibit "J" Development Standards Tract 6 Church, Elem. School, S.F. Exhibit "K" Development Standards Tract 7 Elem. School, Church, S.F. Exhibit "L" Development Standards Tract 8 Park Dedication Exhibit "M" Development Standards Tract 13 Open Space, Golf Course, and Flowage Easement Exhibit "N" Density Transfer Exhibit "0" Offsite Improvements NICDOLS/STRIEF DEVELOPMENT CONCEPT The site being considered for this proposed planned development (PD) consists of approximately 468 acres located on the Wynnwood Peninsula wholly within the extra-[erritorial jurisdiction of the City of the Colony, in Denton Co., Texas. It lies South of the Nichols 144.? Ac. Tract currently zoned for SF-& and S.C. The PD request will call for over 270 acres of SF-3 (and larger) lots, 34 acres of SF-4 lots, and 48 acres of multi-family near the proposed public golf at Wynnwood Park. This will follow the guidelines established in the initial Nichols zonimg approval that dealt with the potential development of their entire 332 acre tract. The concept for this unique location is for a recreationally oriented residential neighborhood with a sense of being a part of a lake comz~unity through view corridors, hike and bike trails, golf, tennis, and significant open space provisions. We, as the o%~ners/developers, look forward to the unique opportunity that awaits The Colony and us as provided by ClubCorp, with their exciting plans for this beautiful peninsula. Please see the general provisions and key below: EXHIBIT "A'~ FIELD NOTES BEING a tract or parcel of land situated in Denton County, Texas; and being part of the BBB & CCR. Co. Survey, Abstract Number 182; and being a part of that tract of land, known as Tract B-2 in a Partition Deed recorded in Volume 2163, Page 433, Deed Records, Denton County'< Texas; being more particularly described as follows: BEGINNING at a point for corner being the Northwest corner of a tract of land conveyed to Robert E. Strief, et. al., by deed recorded in Volume 574, Page 604, Deed Records, Denton County, Texas; THENCE South 01°ll'00TM East with a fence and along the West line of said Strief Tract, a distance of 2360.4 feet to a point for corner; THENCE North 89°04'12" East, a distance of 2134.I4 feet to a point for corner; THENCE South 4i°00'00TM West a distance of 339.2 feet to a point for corner, said point being a corner on the property of the United States of America; THENCE along the United States of America property line the following calls: South i4°02'00TM West a distance of 199.7 feet to a point for corner; North 85°14'00'' West a distance of 199.8 feet to a point for corner; South 18°20'00" Wes: a distance of 280.3 feet to a point for corner; North 32°58'00TM West a distance of 559.1 feet to a point for corner; North 55°34'00" West a ~istance of 119.9 feet to a point for corner; North 80°23'00" West a distance of 288.6 feet to a point for corner; South 20°06'00'' East a distance of 849.6 feet to a point for corner; South 00°54'00" East a distance of 188.2 feet to a point for corner; North 72°43'00'' West a distance of 699.7 feet to a point for corner; South 22°18'00" East a distance of 773.1 feet to a point for corner; South 46°22'00'' West a distance of 700.1 feet to a point for corner; South 87°07'00'' West a distance of 330.3 feet to a point for corner; North 44°05'00TM West a distance of 499.1 feet to a point for corner; North 77°i8'00TM West a distance of 400 feet to a point for corner; South 27°28'00TM East a distance of 460.4 feet to a point for corner; South 81°49'00" West a distance of 450.2 feet to a point for corner; North 21°49'00" East a distance of 300.2 feet to a point for corner; North 47°47'00TM West a distance of 375 feet to a point for corner; North 20°13'00" West a distance of 800 feet to a point for corner; South 04°08'05'' West a distance of 1374.7 feet to a point for corner; THENCE South 88°50'00" West at 540 feet to a point for corner then continuing in all 560 feet to a point for corner; THENCE North 00°S$'07" West a distance of 2111.88 feet to a point for corner; THENCE North 87°37'21'' East a distance of 1114.77 feet to a point for corner; THENCE North 02°17'19'' West a distance of 2347.59 feet to a point for corner; THENCE North 89°25'16" East a distance of 1049.40 feet to the POINT OF BEGINNING and containing 187.66 acres of land, more or less. =ent ~o. G-627-6; All ~h~ certain lot, ~racs or parcel of lard lyin£ and bein~ all of ~ called 53.?2 acre tract as conveyed by deed h'.T. Stone and wife, 5~amie Viola S~one; sa~d deed recorded ~n Vol. 46B, P~ge 130, of the Deed Records of Denlon County Texas, s~d ]and being ou~ of the Thompson D, Lucket~ Survey, A-752, Denton Counzy, Texas, and Said ]and being more particularly described as follows: BEGINNING as a s~eel pin and fence corner post ut ~he being in %he ~'es% Boundary Line of the Lucke~t Survey and corner of mensioned'surv~y, also being in the Sou~h Boundary Line of a 60 foot publi~ road;. THENCE South 89° ~6' East along fence line and the South Boundary Line 0£ mentioned public road and the North Boundary ccnterline of a North and South 40 foo~ public road, also being in the East Boun.dary Line of %he Lucke~% Survey; THENCE Soush 0~ 31! 4" k'es% along the Bass Boundary L~ne foos road 1,100 feet ~o a steel pin for ~he Southeast corner of the 53.72 acre tract; THENCE North 89' 45' 2" West a]ong %he South Boundary Line of she S3.72 acre tract 2,1£~.15 fee~ %0 a U.S.A. [nd being in %he ~est Boundary Line of the Luckelt Survey; TH INCE North 0' 45' ll" Bas% along fence lin~ and the ~'est Ioundary Line of survey'l,09~.~3 feet %o Point of Be~i;'~nin~ and containin~ 54.325 acres of ]and, more or less. MEETS AND BOUNDS MAP EXHIBIT "C" Conceptual Development Plan EXHIBIT "B" Site Analysis Plan \ ,'~ EXHIBIT "D" The following development standards shall apply to Tracts 1~ 2 and 2 Single '\, Family (detached) as shown on the conceptual development plan, EXHIBIT "C". ~. 1. GENEFCAL DESCRIPTION ~. This residential area is similar to SF-3 District Regulations, except it ',~ exceeds the SF-3 requirements in dwelling size and lot area. 2. PERMITTED USES As allowed in the SP-3 Zoning District. 3. DWELLING SIZE The minimum area of the main building shall have a floor area equal to or greater than one thousand eight hundred (1,800) square feet, exclusive of breezeways, garages, accessory space not directly used for dwelling purposes, or attached accessory buildings. Twenty (20%) percent of the dwellings shall have a floor area equal to or greeter than two thousand (2,000) square feet as defined above. 4. HEIGHT ~EGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The. Colony City Code 12-102 Ordinance Humber 448,2, 9/29/86. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than eight thousand four hundred (8,400) square feet. Fifteen (15%) percent of the lots shall be equal to or greater than nine thousand six hundred (9,600) square feet. Five (5%) percent of the lots shall be equal to or greater than ten thousand eight hundred (10,800) square feet. 5b. MINIMUM LOT WIDTH Minimum lot width at the front building line shall be seventy (70) feet in all cases independent of the lot area. Refer to illustration, page 1537 of the City Code 6/4/79. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than one hundred (100) feet, except cul-de-sac end elbow lots which may have a minimum average depth of ninety-five (95) feet. Sd. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet. See Section 11-402,4 of the City Code. The front yard setback may be staggered, varied, or reduced to a minimum of 20 feet, provided that the average setback for any block face shall be twenty-five (25) feet. Under this provision, no more than three (3) adjacent lots may have a setback less than twenty-five (25) feet. EXHIBIT "D" (cont.) · 5e. MINIMUM SIDE YARD Minimum side yard setback shall be seven (7) feet. Minimum side yards adjacent to streets shall be fifteen (15) feet. See Section 11-501,4 of the City Code. ., 5f. MINIMUM REAR YARD Minimum rear yard setback shall be fifteen (15) feet for main structure. The garage setback from the face of the garage to the property line shall be a minimum of twenty (20) feet measured along the centerline of the driveway. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main building, as defined above, shall be fifty (50%) percent. 6. GARAGES Garages shall be two-car side or rear entry off of alleys where alleys are provided. Lots adjacent to the open space or golf course will not have alleys. Two-car side or ~ront entry garages will be allowed. A maximum of forty (40%) percent of the lots will be excluded from the alley requirement, and two-car side or front entry garages will be allowed. Areas to be excluded from the alley requirements will be deter- mined at the time of platting, 7. PARKING Two (2) spaces for each dwelling unit will be provided. Ordinance Number 448,2, 9/29/86. ~ 8. BUILDING STANDARDS All minimum building standards shall comply with the City of The Colony standards in place at the passage of this ordinance. EXHIBIT "E" The following development standards shall apply to Tracts 4 and 5 Single Family (detached) as shown on the conceptual development plan Exhibit "C". 1. GE~EFCAL DESCRIPTION This residential area is similar to SF-3 District Regulations, except it exceeds the SF-3 requirements in dwelling size and lot area. 2. PERMITTED USES As allowed in the SF-3 Zoning District. 3. DWELLING SIZE The minimum area of the main building shall have a floor area equal to or greater than one thousand seven hundred (1,700) square feet, exclusive of breezeways, garages, accessory space not directly used for dwelling purposes, or attached accessory buildings. Ten (10%) percent of the dwellings shall have a floor area equal to or greater than nine- teen hundred (1,900) square feet as defined above. 4. HEIGHT REGULATIONS Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony Code 12-102 Ordinance Number 448,2, 9/29/86. 5. AREA REGULATIONS Sa. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than eight thousand four hundred (8,400) square feet. Ten (10%) percent of the lots shall be equal to or greater than nine thousand six hundred (9,600) square feet. 5b. MINIMUM LOT WIDTH Mininum lot width at the front building line shall be seventy (70) feet in all cases independent of the lot area. Refer to illustration, page 1537 of the City Code 6/4/79. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than one hundred (100) feet, except cul-de-sac and elbow lots which may have a minimum average depth of ninety five (98) feet. Sd. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet. See section 11-402,4 of the City Code. The front yard setback may be staggered, varied, or reduced to a minimum of 20 feet, provided that the average setback for any block face shall be twenty-five (25) feet. Under this provision, no more than three (3) adjacent lots may have a setback less than twenty-five (25) feet. 5e. MINIMUM SIDE YARD Minimum side yard setback shall be seven (7) feet. Minimum side yards adjacent to streets shall be fifteen (15) feet. See Section 11-501,4 of the City Code. EXHIBIT "E" (cont.) 5e. MINIMUM SIDE YARD Minimum side yard setback shall be seven (7) feet. Alternately, minimum. side yard shall be zero with ten (10) feet separation between buildings. If this alternative is utilized then said lots must be clustered and shown on the preliminary plat. Minimum side yards adjacent to streets shall be fifteen (15) feet. See Section 11-501 (4) of the City Code. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be fifteen (15) feet for main structure. The garage setback from the face of the garage to the property line shall be a minimum of twenty (20) feet measured along the center line of the driveway. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main structure shall be fifty (50%) percent. 6. GARAGES Garages shall be two-car side or rear entry off of alleys where alleys are provided. Lots adjacent to open space or golf course will not have alleys. Two-car side or front entry garages will be allowed. A maximum of forty (40%) percent of the lots will be excluded from the alley re- quirement and two-car side or front entry garages will be allowed. Areas to be excluded from the alley requirements will be determined at the time of platting. 7. PARKING Two (2) spaces for each dwelling unit will be provided. Ordinance Number 448 § 2, 9/29/86. 8. BUILDING STANDARDS All minimum building code standards shall comply with the City of The Colony standards in place at the time of building permit application. All architectural, landscaping, and screening requirements shall comply with the City of The Colony standards in place at the time of passage of this ordinance. EXHIBIT "F" The following development standards shall epply to Tract 10, Single Family (detached) as shown on the conceptual development plan Exhibit "C". 1. GENERAL DESCRIPTION This residential area is similar to SF-3 District Regulations, except it exceeds the SF-3 requirements in lot area. 2. PERMITTED USES As allowed in the SF-3 Zoning District, 3. DWELLING SIZE The minimum area of the main building shall have a floor area equal to or greater than one thousand eeven hundred (1,700) square feet, exclusive of breezeways, garages, accessory space not directly used for dwelling purposes, or attached accessory building. 4. HEIGHT REGULATIONS Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102 Ordinance Number 4-48,2, 9/29/86. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than eight thousand four hundred (8,400) square feet. Ten (10%) percent of the lots shall be greater than nine thousand six hundred (9,600) square feet. Bb. MINIMUM LOT WIDTH Minimum lot width of the front building line shall be seventy (70) feet in all cases independent of the lot area. Refer to illustration, page 1537 of City Code 6/4/79. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than one hundred (100) feet, except cul-de-sac, and elbow lots which may have e minimum average depth of ninety-five (95) feet. Bd. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (26) feet. See section 11-402,4 of the City Code. The front yard setback may be staggered, varied, or reduced to a minimum of 20 feet, provided that the average setback for any block face shall be twenty-five (25) feet. Under this provision, no more than three (3) adjacent lots may have a setback less than twenty-five (25) feet. Be, MINIMUM SIDE YARD Minimum side yard setback shall be seven (7) feet. Minimum side yards adjacent to streets shall be ten (10) feet. See Section 11-501,4 of the City Code. EXHIBIT "F" (cont.) 5f. MINIMUM REAR YARD Minimum rear yard setback shall be fifteen (15) feet for main structure. The gara§e setback from the face of the garage to the property line shall be a minimum of twenty (20) feet measured along the centerline of the driveway. 5g. MAXIMUM LOT COVERAGE Maximu~ lot coverage for the main structure shall be fifty (50%) percent. 6. GARAGES Garages shall be two-car side or rear entry off of alleys where alleys are provided. Lots adjacent to the open space or golf course will not have alleys, and two-car side or front entry §ara§es will be allowed. A maximum to forty (40%) percent of the lots will be excluded from the alley requirement, and two-car side or front entry garages will be allowed. Areas to be excluded from the alley requirements will be deter- mined at the time of platting. 7. PARKING Two (2) spaces for each dwelling unit will be provided. Ordinance Number 448,2, 9/29/86. 8. BUILDING STANDARDS All minimum Building Standards shall comply with the City of The Colony standards in place at the passage of this ordinance. EXHIBIT "G" The following development standards shall apply to Tract 11 single family (detached) as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTION \ This residential area is similar to SF-4 District Regulations, except it exceeds the SF-4 requirements in lot area. 2. PERMITTED USES As allowed in the SF-4 Zoning District. 3. DWELLING SIZE The minimum area of the main'building shall have a floor area equal to or greater than one thousand five hundred (1,500) square feet, exclusive of breezeways, garages, accessory space not directly used for dwelling purposes or attached accessory buildings. 4. HEIGHT REGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. Ordinance Number 448,2, 9/29/86. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shal be equal to or greater than seven thousand (7,000) square feet. Ten (10%) percent of the lots shall be equal to or greater than eight thousand four hundred (8,400) square feet. 5b. MINIMUM LOT WIDTH Minimum lot width at the front building line shall be sixty (60) feet in all cases independent of the lot area. Refer to illustration, page 11527 of the City Code 6/4/79. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than one hundred (100) feet, except cul-de-sac and elbow lots which may have a minimum average depth of ninety-five (95) feet. 5d. MINIMUM FRONT YARD Minimum front yard setback shall be twenty (20) feet. Section 11-402,4 of the City Code. The front yard setback may be staggered, varied, or reduced to a minimum of fifteen (15) feet, provided that the average setback for any block face shall be twenty (20) feet. Under this pro- vision, no more than three (3) adjacent lots may have a setback less than twenty (20) feet. If front entry garages are used, the garage must be setback twenty (20) feet from the property line measured along the center line of the driveway. EXHIBIT "G" (cont.) ,. Se. MINIMUM SIDE YARD Minimum side yard setback shall be six (6) feet. Minimum side yards adjacent to streets shall be ten (10) feet. See Section 11-501,4 of the City Code. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be fifteen (15) feet for the main struc- ture. The garage setback from the face of the garage to the property line shall be a minimum of twenty (20) feet measured along the centerline of the driveway. . 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main building, as defined above, shall be fifty (50%) percent. 6. GARAGES Garages shall be two-car side or rear entry off of alleys were alleys are provided. Lots adjacent to the open space or golf course will not have alleys. Two-car side or front entry garages will be allowed. A maximum of forty (40%) percent of the lots will be excluded from the alley requirement, and two-car side or front entry garages will be allowed. Areas to be excluded from the alley requirements will be deter- mined at the time of platting. 7. PARKING Two (2) spaces for each dwelling unit will be provided. Ordinance Number 448,2, 9/29/86. 8. BUILDING STANDARDS All minimum building standards shall comply with the City of The Colony standards in place at the passage of this ordinance. EXHIBIT "H" The following development standards shall apply to Trect 12 Single Family (detached) as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTION Single Family 4 (SF-4) District. 2. PERMITTED USES As allowed in the SF-4 Zoning District. 3. DWELLING SIZE The minimum area of the main building shall have a floor area equal to or greater than one thousand five hundred (1,500) square feet, exclusive of breezeways, garages or attached accessory buildings and will comply with page 2-I, deed restrictions of Ordinance Number 531. ' 4. HEIGHT REGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than seven thousand (7,000) square feet. 5b. MINIMUM LOT WIDTH Minimum lot width at the front building line shall be sixty (60) feet. 5c. MINIMUM LOT DEPTH As allowed in the SF-4 Zoning District, Sd. MINIMUM FRONT YARD Minimum front yard setback shall be twenty (20) feet. Section 11-402,4 of the City Code. 5e. MINIMUM SIDE YARD Minimum side yard setback shall be six (6) feet. Minimum side yards adjacent to streets shall be ten (10) feet. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be twenty (20) feet. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main structure shall be forty (40%) percent 6. GARAGES Garages shall be two-car rear or side entry of of alleys where alleys are provided. EXHIBIT "H" (cont.) 7. PARKING Two (2) spaces for each dwelling unit will be provided. Ordinance Number 448,2, 9/29/86. 8. BUILDING STANDARDS All minimum Building Standards shall comply with the City of The Colony Standards in place at the passage of this ordinance. EXHIBIT The following development standards shall apply to Tract 9 Mixed Use as shown on the conceptual development plan, EXHIBIT "C". I. GENERAL DESCRIPTION This mixed-ese area is similar to MR-3 District Regulations with the option for retirement housing end resort lodging with clubhouse and liquor sales. 2. PERMITTED USES All uses and densities as allowed in the MR-3 Zoning District will be permitted. Resort lodging with clubhouse end liquor sales shall be limited to fifty (50%) percent of this Tract. Resort lodging units ere a commercial use and will not effect density allowed on any remaining MR-3 or other residential land. Also, retirement housing and subsidiary uses directed to an active lifestyle will be permitted. 3. DWELLING SIZE As allowed in the MF-3 Zoning District, the average of all units in buildings or projects must be a minimum of eight hundred (800) square feet, with a minimum per unit of six hundred (600) square feet. Maximum is sixteen (16) units per acre plus fifty (50%) percent bonus to twenty- four (24) units per acre. If the option to develop all or a portion of Tract 9 as a retirement housing is exercised, the minimum floor area shall be as follows: 400 square feet for efficiency units 475 square feet for one bedroom units 750 square feet for two bedroom units Floor areas for resort lodging shall be the same as retirement housing defined above. 4. HEIGHT REGULATION Maximum height of buildings and structure shall be three (3) stories for MR-3 uses, except as noted in The Colony City Code 12-102. The maximum height of resort lodging will be ten (10) stories. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than one (1) acre. 5b. MINIMUM LOT WIDTH Minimum lot width shall be equal to or greater than one hundred fifty (150) feet. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than one hundred fifty (150) feet. EXHIBIT "I" (cont.) 5d. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet as required in 11-402 (12) of The Colony City Code. 5e. MINIMUM SIDE YARD Minimum side yard setback shall be fifteen (15) feet. Minimum side yards adjacent to streets shall be fifteen (15) feet as allowed in section 11- 501 (2) of The Colony City Code. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be ten (10) feet. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for MF-3 retirement housing and resort lodging uses are as allowed in the MF-3 Zoning District. 6. PARKING Two and one half (2-1/2) spaces for each dwelling unit will be provided for MF-3 except in retirement housing which shall be one (1) space for rental units and one and one half (1-1/2) spaces for owner occupied units. Resort lodging shall provide five (5) spaces plus one space for every room. Clubhouse shall provide one (1) space for each four'(4) seats. 7. BUILDING STANDARDS All minimum building code standards shall comply with the City of The Colony standardsin place at the time of building permit application. All architectural, landscaping, and screening requirements shall comply with the City of The Colony standards in place at the time of passage of this ordinance. 8. LANDSCAPING Per the City of The Colony standards in place at the passage of this ordinance. EXHIBIT "J" The following development standards shall apply to Tract 6 as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTION This district permits the construction of churches and elementary schools but excludes missions, revival tents, or arbors. This site will comply with SF-3 District Regulations except as noted. 2. PERMITTED USES Church, elementary school, rectory, activity building, parkin~g, utilities and SF-3. 3. STRUCTURE SIZE As related to lot coverage. 4. HEIGHT REGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. 5. AREA REGULATIONS 5a. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than four (4) acres. 5b. MINIMUM LOT WIDTH Minimum lot width at the front building line shall be two hundred (200) feet. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than two hundred (200) feet. 5d. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet. 5e. MINIMUM SIDE YARD Minimum side yard setback shall be twenty (20) feet. Minimum side yards adjacent to streets shall be twenty (20) feet as allowed in section 11- 501 (2) of The Colony City Code. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be twenty (20) feet. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main structure shall be thirty (30%) per- Cent for church use and fifty (50%) percent for elementary school use. If this area is developed for single family use, it shall comply with the EXHIBIT "E" Requirements. EXHIBIT "J" (cont.) 6. PARKING One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly. One {1) space for each four (4) seats in the main sanctuary will be provided. 7. OPTIONAL USE If the site is not developed as a church or sold by the time the adjacent property is Preliminary Platted for residential uses, the PD will allow development consistent with EXHIBIT "£" single family detached district for this site. EXHIBIT "K" The following development standards shall apply to Tract 7 as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTION This district permits the construction of churches and elementary schools but excludes missions, revival tents, or arbors. This site will comply with SF-3 District Regulations except as noted. 2. PERMITTED USES Church, elementary school, rectory, activity building, parking, utilities and SF-3. 3. STRUCTURE SIZE As related to lot coverage. 4. HEIGHT REGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. 5. AREA REGULATIONS Sa. MINIMUM LOT AREA Minimum lot area shall be equal to or greater than four (4) acres. 5b. MINIMUM LOT WIDTH Minimum lot width at the front building line shall be two hundred (200) feet. 5c. MINIMUM LOT DEPTH Minimum lot depth shall be equal to or greater than two hundred (200) feet. 5d. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet. 5e. MINIMUM SIDE YARD Minimum side yard setback shall be twenty (20) feet. Minimum side yards adjacent to streets shall be twenty (20) feet as allowed in section 11- 501 (2) of The Colony City Code. 5f. MINIMUM REAR YARD Minimum rear yard setback shall be twenty (20) feet. 5g. MAXIMUM LOT COVERAGE Maximum lot coverage for the main structure shall be thirty (30%) per- cent for church use and fifty (50%) percent for elementary school use. If this area is developed for single family use, it shall comply with the EXHIBIT "E" Requirements. EXHIBIT "K" (cont.) 6. PARKING One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly. One (1) space for each four (4) seats in the main sanctuary will be provided. 7. OPTIONAL USE If the site is not developed as a church or sold by the time the adjacent property is Preliminary Platted for residential uses, the PD will allow development consistent with EXHIBIT "E" single family detached district for this site. EXHIBIT "L" The following development standards shall apply to Tract 8 as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTION This area is proposed for park dedication to the City of The Colony. 2. PERMITTED USES Park, community center, tennis courts, water tower, lift station, utilities, and related uses. 3. HEIGHT REGULATION Maximum height of buildings and structure shall be two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. Water towers shall be exempt from these height requirements. 4. AREA REGULATIONS 4a. MINIMUM FRONT YARD Minimum front yard setback shall be twenty-five (25) feet. 4b. MAXIMUM LOT COVERAGE Maximum lot coverage for the main structure shall be twenty (20%) percent 4c. RESTRICTIONS · The tract shall be open to the public and treated as an integral part of , the open space comprised of flowage easement and Corps. of Engineera ' . land. EXHIBIT "M" The following development standards shall apply to Tract i3 Open Space, Golf Course, and Flowage Easement as shown on the conceptual development plan, EXHIBIT "C". 1. GENERAL DESCRIPTIO~ This area is to be developed as either open space or golf course with the appropriate accessory uses. 2. PERMITTED USES Open space, stables, marina, tennis courts, bike and walking paths, golf course, storage buildings, golf recreation center, driving range and related uses. 3. HEIGHT REGULATION Maximum height of buildings and structure shall b~ two (2) stories with a maximum height of thirty (30) feet, except as noted in The Colony City Code 12-102. 4. RESTRICTIONS Special consideration should be given to views from the Single Family and Multi Family Tracts across Tract 13. EXHIBIT "N" 1. DENSITY TRANSFER It is very important to the success of this PD that the ability to transfer density from one tract to another is allowed. Market conditions tract location and shape, the integration of the golf course, etc. demand flexibility as to each tract's individual density. For example, if in Tracts 1 & 2 of 3, a developer or owner determines that there is a demand for an 80 foot wide lot versus the 70 foot wide lot as proposed in the PD, then it is imperative that this loss of density be made upon another tract within the PD. If a developer determines that a smaller lot width is necessary to enable a zero lot line product in a tract, that this increase in density would be compensated for elsewhere within the PD. If a developer exercises the density transfer option, then the minimum development standards will comply with those in EXHIBIT "G" of the PD Text. This density transfer will not increase the maximum density allowed within the overall PD. Single-family dwelling units in Tracts 1-7 and 10 cannot be transferred to Tract 9. In addition to single- family dwelling unit transfers, multi-family residential dwelling units in Tract 9 can be transferred to Tracts 1-7 and 10, so long as the minimum development standards in hose tracts comply with Exhibit "G" of the P.D. Text. Multi-family use is limited to Tract 9. The number of dwelling units that may be transferred to each of Tracts 1-7 and 10 shall not exceeed 12% of the total number of dwelling units allowed in each of Tracts 1-7 and 10, unless approved by the City Planning and Zoning Commission and City Council. There will be no transfer of density between the two owners unless agreed to in writing by the parties. As a preliminary plat is submitted on each tract, a usage table will be pre- pared describing the tract's land usage, acreage and density, as well as, a cumulative to-date analysis of the entire PD to keep track of over-all density within the PD. Subject to the bonus provisions for multi-family development as set forth in the City's Zoning Ordinance, the total number of residential dwelling units permitted in the Nichols Trusts' property within the PD is 657. The total number of dwelling units permitted in the Striefs' property within the PD is 980. Bonus provisions for multi- family development are not included in the above stated total dwelling units. It is the intent of this PD to allow this density transfer to be accomplished as a minor amendment to the PD concept plan. The monitoring and approval of this will be performed at staff level in conformance with conformance with Section 10-663 of the City Code. EXHIBIT "0" The following off-site improvements are required and must be included in a City-approved Developer's Contract at the time of plat aproval: 1. Prior to the issuance of a certificate of occupancy for a structure on the property, a northbound left-hand turn lane from F.M. 423 to Boyd Road must be constructed. 2. At the time of plat approval, if not yet deposited with the City by the developer of the 144.7 acre tract located immediately to the north of this P.D., a total amount of $150,000.00 must be escrowed with the City for the improvement of Boyd Road. The City shall use best efforts to improve or cause the County of Denton.to improve Boyd Road. 3. At the time of plat approval of the Strief tracts, the owner must submit, and obtain the approval of the City, a traffic impact study showing that off-site roads have adequate capacity for the potential traffic trips generated by the proposed development of said tracts.