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HomeMy WebLinkAboutOrdinance No. 881 ORIGINAL CITY OF THE COLONY, TEXAS oamsx c so. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ORDINANCE NUMBER 375; RATIFIED ON AUGUST 5, 1985, PROVIDING FOR THE (GR) GENERAL RETAIL DISTRICT AND ESTABLISHING PLANNED DEVELOPMENT NUMBER 2 FOR THE (MFo3) MULTI-FAMILY RESIDENTIAL DISTRICT OR THE (GR) GENERAL RETAIL DISTRICT IN LIEU OF THE (BP) BUSINESS PARK DISTRICT; UPON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGWvVAY 121 AND F.M. 423; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 14th day of February, 1995, the Planning and Zoning Commission did consider and make recommendations on a certain request for a change of zoning district and a Development District (Case No. 02-95Z1). WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan of the City of The Colony, as amended; WHEREAS, the City Council, after determining all legal requirements of notice and hearing have been met, has further determined the following amendment to the zoning laws would provide for and would be in the best interest of the health, safety, morals, and general welfare: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Ordinance Number 375, ratified on August 5, 1985 is hereby amended in part. Section 2. That a certain 38.4 and 22.8 acre tract of land located at the northeast corner of the intersection of State Highway 121 and F.M. 423, situated in the T. William Survey, Abstract No. 1352, Denton County, Texas, and more specifically described on the attached Exhibit A and B, are hereby rezoned and designated as a (GR) General Retail District and the (MF) Multi-Family Residential District or the (GR) General Retail District, respectively. Development shall conform to all conditions, restrictions and regulations of such district as described in the Comprehensive Zoning Ordinance. 02-95Z1, The Colony Retail TRACT A AND B Permitted uses shall be all principal and accessory uses which are allowed by right in the (GR) General Retail District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the (GR) General Retail District and the Comprehensive Zoning Ordinance, as amended. A Special Use Permit shall be required for all uses otherwise requiring a Special Use Permit in the (GR) General Retail District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended. Such Special Use Permit(s) shall be subject to the conditions established in Appendix A, Sections 10- 900 and 10-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations. TRACT C Permitted uses shall be all principal and accessory uses which are allowed by right in the (MF-3) Multi-Family Residential District or the (GR) General Retail District , in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the (MF-3) Multi-Family Residential District or (GR) General Retail District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provide in Section 4 below. A Special Use Permit shall be required for all uses otherwise requiring a Special Use Permit in the (MF-3) Multi-Family Residential District or the (GR) General Retail District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended. Such Special Use Permit(s) shall be subject to the conditions established in Appendix A, Sections 10-900 and 10-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations. Section 3. That development shall be in conformance with the Conceptual Development Plan, attached hereto as Exhibit B. Section 4. That development shall be in accordance with the following special conditions, restrictions, and regulations. 02-95Z1, The Colony Retail TRACTS A, B AND C 1. The acreage shown for each tract shall be subject to minor refinements and adjustments at the time of platting based on final placement and design of bounding thoroughfares and/or exact determination of bulldable areas. An application for platting of the property shall not be submitted with six (6) monthsfrom the date of approval of this ordinance. 2. In the event the east/west thoroughfare is required to be increased to six traffic lanes it will be installed at no cost to the city. Cost will be bom by the property owners adjacent to it. TRACT C 1. Development of this tract shall be in accordance with either the (MF-3) Multi-Family Residential District or the (GR) General Retail District, but not both. 2. Development of the northeast comer of Tract C shall be in accordance with the (BP) Business Park district. 3. The maximum density for the multi-family development shall be 21 units per net acre. Architectural Features 4. Staggered wall line: A minimum four (4) foot off, et between the relative from walk of two (2) adjacent units in the same buildin§ shall be provided for every four (4) or fewer unit footprints. The offset or staggered area must be a minimum width of two (2) units. Exterior balconies do not qualif7 as an offset area. 5. Roof slope: A minimum 12:12 roof slope shall be provided on a minimqm of 80 percent of the footprint projection of the total unit roof areas of each individual structure. 6. Brick column alOng from facade or full-height brick chimney: a. A one (1) two-story brick column shall be provided for each four (4) unit footprints, with a minimum of two (2) columns per building; or b. One (1) exterior, full-height chimney, covered with field applied masonry without wood trim, over prefabricated or field erected flues shall be provided for every four(4) footprint units (a minimum of two (2) per building). 7. If each second floor and third floor unit is provided a mlnlronm 32 square foot balcony, each balcony shall have the same roof materials as the roof of the main structure and a slope of at least 4:12. 8. Carports: If carports are constructed, these structures shall not be located parallel to and adjacent to the street frontages, however, they may be constructed perpendicular to the street, parallel to the building. The carports shall be constructed of materials that are architecturally compatible with the roof of the main structure. Flat built-up roofs will be allowed only when all other materials meet the intent of this paragraph (i.e., prefabricated or other metal units are not considered compatible with brick, stone, stucco, and/or wood siding and trim). 02-95Z1, The Colony Retail Masonry Requirements: When main buildings are two stories or less, 75% of the entire main structure shall be constructed of brick, tile, cement, stone, or similar materials however, when the main building is three stories in height, 50% of the entire main structure shall be constructed of brick, tile, cement, stone, or similar materials. Landscaping ~ 9. A minimum 15 foot wide landscape buffer strip, exclusive of the parkway, shall be provided along all street frontages with a right-of-way of 100 feet or more, and 10 foot wide landscape buffer strip on streets with less than 100 feet of right-of-way. 10. The landscape buffer strip shall contain the following groups of plant material at a minimum average density of one group for each 50 linear feet of the buffer strip: a. One (1) large tree, three (3) small trees, and a berm of a minimum height of three (3) feet; or b. One (1) large tree, three (3) small trees, and shrubs Large trees: (3) inch caliper trees at the time of planting. Small trees: a minimum of eight (8) feet in height at the time of planting. 11. All surface parking lots shall be screened from view of all adjacent public streets. The screening shall extend along the entire street frontage of the surface parking lot, exclusive of driveways and access ways to the lot, and visibility triangles. In addition, the following conditions shall be met: a. The screen must be at a minimum height of three (3) feet and shall consist of any of the following: (1) Earthen berm planted with turf grass or ground cover with a slope not to exceed 3:1 (width: height); or (2) Evergreen shrubs which provide a solid visual barrier, a minimum of three (3) feet in height within three (3) years of initial planting; or (3) A Retaining wall that must comply with all city standards. 12. The landscaping as outlined in (14) above shall be illuminated with commercial quality, shielded, energy efficient fixtures. 1~3. Ail landscape areas, exclusive of the 100 year flood plain shall be served by a fully automatic irrigation system. 14. The developer shall preserve existing healthy trees along Office Creek. Should any tree designated for preservation in the landscape plan die at anytime after approval of the landscape plan or an issuance of a certificate of occupancy, the owner will 02-95Z1, The Colony Retail replace the tree with equivalent species or a tree which will obtain the same height, spread and growth characteristics. The replacement tree will be three (3) inches in caliper and installed as directed by this ordinance. '~ 15.The developer shall provide a minimum five (5) foot wide, barrier-free meandering public sidewalk adjacent to all thoroughfares. Other Special Provisions '16. Building Placement: Where three (3) or more buildings are within 100 feet of the street right-of-way and have a footprint greater than four (4) units, one-third of these buildings shall be turned such that their lengths are a minimum of 45 degrees to the street right-of-way. The remainder may be parallel to the street. 17. Exterior Lighting: Exterior lighting fixtures, whether attached to buildings or free- standing, shall be of a harmonious design. In no event shall "area" lighting other than "cut off' type fixtures mounted 12' or less above grade be allowed to be mounted on a building wall. 18. Antenna and Satellite Dishes: The locations of antenna and satellite dishes, shall be reviewed at the time of site plan approval, and shall be screened, if practical from street right-of-way and adjacent properties. 19. Lighting: Exterior lighting fixtures, whether attached to building and/or free standing shall be of harmonious design on all buildings either individually or jointly owned within abutting lots within a tract. b. All exterior light fixtures regardless of type or location shall be of downlight or "indirect cut off' type design so that the light bulbs are not directly visible. c. Fixtures located in the yards adjacent to residentially zoned districts may be mounted on the building less than 12 feet above average grade in the area. If desired to be mounted greater than 12 feet above grade, they shall be mounted at the property line on appropriately colored poles and directed so as not to shine toward adjacent homes. '20. All on-site utilities and utility connections shall be located underground, including electrical, telephone and television cables and wires. The visual impact of transformers or other utility company apparatus shall be soften by landscaping or screening within the guidelines of the affected utility company. Section 5. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 6. Penalty Clause 02-95Z1, The Colony Retail That any person, firm or corporation violating a provision of this ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in 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 7. Severability Clause That the provisions of this ordinance, if held invalid or unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Savings Clause That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. That Ordinance No. 375, as amended, shall remain in full force and effect, save and except as amended by this ordinance. Section 9. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 20th day of March, 1995. CITY OF THE COLONY William W. Manning, Mayor ~, ATFEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Samuel D. Chavez, City Plahner 02-95z1, The Colony Retail Exhibit A Legal Description Being a 65.036 acre tract of land situated in the Thomas Wilson Survey, Abstract Nol 1352, Denton Count, Texas and being a portion of Tract VI and Tract VII as described in deed to Centex Development Company, L.P., recorded in Volume 2375, Page 688, Deed Records of Denton County, Texas. BEGINNING at the intersection of the northeast right-of-way line of F.M. 423 (110' R.O.W.) as recorded in Volume, 1154, Page 688, DRDCT and the northwest right-of-way line of Highway 121 (variable width R.O.W.) THENCE with the northeast right-of-way line of F.M. 423 the following four courses: N 28032'47'' W, a distance of 1219.78 feet to a highway monument found; Along a curve to the right having a radius of 2808.53 feet, a delta angle of 11 °59'32", a long chord that bears N 22°33'01'' W a distance of 586.76 feet, and arc distance of 587.84 feet to a 5/8" iron rod capped "Carter & Burgess" set; N 04°01'44'' W, a distance of 99.75 feet to a 5/8" iron rod capped "Carter & Burgess" set; N 11 °34'59" W, a distance of 126.23 feet to the center of Office Branch Creek; THENCE with the meanders of Office Branch Creek the following courses: THENCE N 88 °21 '25" E, a distance of 27.17 feet; THENCE N 88°09'22'' E, a distance of 116.74 feet; THENCE S 75036'05" E, a distance of 102.35 feet; THENCE S 12 ° 11' 15" E, a distance of 22.00 feet; THENCE S 71 °39'40" E, a distance of 82.26 feet; THENCE N 80°57'54" E, a distance of 71.88 feet; THENCE S 68034'52'' E, a distance of 141.36 feet; THENCE N 82°33'51" E, a distance of 61.25 feet; THENCE S 83°48'28" E, a distance of 49.90 feet; THENCE N 83 o 55'55" E, a distance of 57.26 feet; THENCE N 70056'09'' E, a distance of 68.57 feet; THENCE N 63 °20'57" E, a distance of 122.35 feet; THENCE N 77°38'51'. E, a distance of 86.60 feet; THENCE S 77o26'02'. E, a distance of 76.59 feet; THENCE S 49°08'52" E, a distance of 95.73 feet; THENCE S 48°50'22" E, a distance of 68.93 feet~ THENCE N 47 °26'23" E, departing from the center of Office Branch Creek, a distance of 195.98 feet to a 5/8" iron rod capped "Carter & Burgess" set on the north fight-of-way line of East Colony Boulevard. THENCE S 39°05'12'. E, a distance of 60.00 feet to a 5/8" iron rod capped "Carter & Burgess" set on the south fight-of-way line of East Colony Boulevard; THENCE along a curve to the fight having a radius of 1350.00 feet, a delta angle of 15°24'10", a long chord that bears N 58°36'53" E a distance of 361.83 feet, an arc distance of 363.92 feet to a 1/2" iron rod capped found; THENCE N 66° 18'58" E, a distance of 69.21 feet to a 1/2" iron rod capped found at the intersection of the south fight-of-way line of East Colony boulevard and the west fight-of-way line of Blair Oaks Road; THENCE along a curve to the lef~ having a radius of 530.00 feet, a delta angle of 17 ° 42'12 ", a long chord that bears S 19°48'56" a distance of 163.11 feet, and arc distance of 163.76 feet to a 1/2" iron rod capped (DE.C.) found; THENCE S 28°40'01" E, continuing with the west fight-of-way line of Blair Oaks Road, a distance of 1247.53 feet to a highway monument found; THENCE S 16°20'23" W, a distance of 68.80 feet to a highway monument found on the northwest right-of-way line of Highway 121; THENCE with the northwest fight-os-way line of said Highway 121 the following courses: S 63° 19'23" W, a distance of 683.33 feet to a highway monument found; S 61 °20'23" W, a distance of 535.14 feet to a highway monument found; S 65 ° 54~49" W, a distance of 150.48 feet to a 5/8" iron rod capped "Carter & Burgess" set; S 61 °20'23" W, a distance of 200.00 feet to a 5/8" iron rod capped "Carter & Burgess" set; THENCE N 73°39'37.' W, a distance of 111.71 feet to the POINT OF BEGINNING, and containing 65.040 acres of land, more or less. EXHIBIT "B" & ~C"