HomeMy WebLinkAboutOrdinance No. 99-1129 ORIGINAL
CiTY OF TIlE COLONY, TEXAS PD 16
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY, AS AMENDED,
PASSED 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 IN EXHIBIT "A"; ORDERING AN
AMENDMENT OF THE PLANNED DEVELOPMENT
DISTRICT PD-9; AND ESTABLISHING PLANNED
DEVELOPMENT DISTRICT PD-16, WITH MIXED USES;
AND IN ACCORDANCE WITH THE EXHIBITS AND
DEVELOPMENT STANDARDS ATTACHED HERETO;
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 TWO THOUSAND DOLLARS
($2,000.00) 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 Zoning on property in the City of The
Colony, Texas (the "City") by making application for the same with the Planning and Zoning
Commission of the City, 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 and
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 the 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
WIIEREAS, 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 of 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
W~I-IEREAS, 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 1. 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 the Property, being multiple tracts comprising
approximately 271.2131 acres located in the B.B.B. & C.R.R. Survey, Abstract
Nos. 173 and 174, the William A. Bridges Survey, Abstract No. 112, and the R.
P. Hardin Survey, Abstract No. 611, as more particularly described in Exhibit A
Page 02 of Page 22
attached hereto and incorporated herein for all purposes, is changed to a Planned
Development (PD) District with mixed uses permitted in accordance both with
those requirements set forth in the Conceptual Development Plan attached hereto
and incorporated herein as Exhibit B, and with the specific standards, regulations
and conditions attached hereto and incorporated herein as Exhibit C.
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
PD Concept 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
under this Planned Development District Ordinance (the "PD Ordinance").
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 and conditions set forth in Exhibit "C" attached hereto and incorporated herein for all
purposes.
Section 6. That the City Manager of the City is hereby directed to modify the official
zoning map of the City to reflect the herein change in zoning.
Section 7. That in all other respects of the tract or tracts of land hereinabove 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. In the event there has
been no development activity on the property under this PD Ordinance within ten (10) years from
its approval date, the City Council reserves the right to call a public hearing for the purpose of
reconsideration of the general and specific details of zoning regulations under this PD Ordinance.
Section 8. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan (the "Comprehensive Plan") of the City for the
purpose of promoting the health, safety, morals and the general welfare of the community. These
regulations and districts have been created, with respect to both present conditions and conditions
reasonably anticipated to exist in the foreseeable future, for the purposes of lessening congestion
in the streets; security safety from fire, panic, flood and other dangers; providing adequate light
and air; preventing overcrowding of land, avoiding undue concentration of population; facilitating
the adequate provision of transportation, water, sewerage, drainage and surface water, parks and
other public requirements, and making adequate provisions for the normal business, commercial
needs and development of the community. In establishing said regulations and districts,
reasonable consideration has been given to, among other considerations, the character of the
district, and its peculiar suitability for particular land uses, and a view toward conserving the
value of buildings and encouraging the most appropriate use of land throughout the community.
Section 9. This PD 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
PD Ordinance.
Page 03 of Page 22
Section 10. If any section, article, paragraph, sentence, clause, phrase or word in this PD
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 the 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 11. 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 find in a sum not to
exceed One Thousand Dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 12. 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 shall become effective from and after the date of its final passage and publications as
provided by law, and it is accordingly so ordained.
t"~sPASSEI~II) APPROVED by the City Council of the City of The Colony, Texas this
thei~[~.__~ay of~a~~~._~ 1999.
co,on;
ATTEST: ' ~
Patt~ A Hicks, TRMC,
City Secretary
APPROVED AS TO FORM:
Jo~omey~/
Page 04 of Page 22
EXHIBIT "A"
Tract A 25.863 acres
Tract B 72.036 acres
Tract C 34.551 acres
Tract D 35.325 acres
Tract E 103.438 acres
Total Zoned acreage 271.213 acres
Page 05 of Page 22
Total Ptoper~¥
LEGAL DESCRIPTION
271.2131 ACRE TRACT INCLUDING MORNING STAR BOULEVARD
Being a 11,814,043 square feet or 271.2131 acre tract of land situated in the B.B.B. & C.R.R. Co.
Survey, Abstract No. 173, the B.BB. & C.R.R. Co. Survey, Abstract No. 174, the R. P. Hardin Survey,
Abstract No. 611 and the William A. Bridges Survey, Abstract No. 112, City of the Colony, Denton
County, Texas, and being the part of a called 781.450 acre tract of land conveyed to Paige/121
Partnership, Ltd. by Special Warranty Deed recorded in County Clerk File No. 96-R0068033, Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a found % inch iron rod at the intersection of the northwest line of State Highway 121
(a vadable width right of way) with the southwest line of the Burlington Northern Railroad (a variable
width right of way at this location), said point being the southeast corner of the said 781.450 acre
tract;
THENCE, the following courses and distances with the northwest line of State Highway 121:
- S 61°19'26" W, a distance of 382.75 feet to a found TXDOT right of way monument for an
angle point;
- S 57o30'48'' W, a distance of 501.65 feet to a found TXDOT right of way monument for an angle
point;
- S 61°20'10" W, passing at a distance of 1,085.59 feet the east corner of a right of way corner
clip at the intersection of the northwest line of State Highway 121 with the northeast line of
Morning Star Boulevard (a 120 foot right of way), passing at a distance of 1,295.59 feet the
south comer of a right of way corner clip at the intersection of the northwest line of State
Highway 121 with the southwest line of Morning Star Boulevard, continuing in all a distance of
4,741.34 feet to a found TXDOT right of way monument for an angle point;
S 65°11'19" W, a distance of 675.54 feet to a found 5/8 inch iron rod for an angle point;
- S 61°11'03" W, a distance of 329.04 feet to a set % inch iron rod for an angle point;
- S 65o03'49" W, a distance of 109.87 feet to set "x" cut on concrete pavement for a corner, said
point being the southeast corner of Lot 1, Block 1 of Centennial Comer Addition, an addition to
the City of The Colony, Denton County, Texas according to the plat thereof recorded in Cabinet
N, Page 246, Plat Records of Denton County, Texas, and said point being called N 61°19'40" E
a distance of 198.08 feet and N 65°01'59" E, a distance of 68.90 feet from the south east corner
of a right of way corner clip at the intersection of the northwest line of State Highway 121 with
the east line of Paige Road (a variable width right of way at this location),
Page 06 of Page 22
LEGAL DESCRIPTION (Continued)
271.2131 ACRE TRACT INCLUDING MORNING STAR BOULEVARD
THENCE, N 28040'20'' W, departing the northwest line of State Highway 121 and with the northeast
line of said Lot 1, a distance of 231.78 feet to a set ~,& inch iron rod for a corner at the northeast corner
of said Lot 1;
THENCE, S 89059'58'' W, with the north line of said Lot 1, passing at a distance of 183.56 feet the
northwest corner of said Lot 1 and an offset in the east line of Paige Road (a 124 foot right of way
south of this location), continuing in all a distance 207.56 feet to a set "x" cut on concrete pavement
for a corner in the east line of Paige Road (a 100 foot right of way north of this location);
THENCE, N 00000'02'' W, with the east line of Paige Road, a distance of 659.55 feet to a set ½ inch
iron rod for a corner at the intersection of the east line of Paige Road with the center line of proposed
Memorial Drive (a proposed 120 foot right of way);
THENCE, the following courses and distances with the center line of proposed Memorial Drive;
- N 80°00'00'' E, departing the east line of Paige Road, a distance of 82.30 feet to a set ½ inch
iron rod at the beginning of a tangent curve to the left with a central angle of 49°51'33", a radius
of 1,390.00 feet, a chord bearing of N 55°04'13" E and a chord distance of 1,171.78 feet;
- Northeasterly, along said curve, an arc distance of 1,209.59 feet to a found ~ inch iron rod at
the point of tangency;
N 30008'27'' E, a distance of 750.31 feet to a found ½ inch iron rod at the beginning of a tangent
curve to the right with a central angle of 39o58'55'', a radius of 3,820.00 feet, a chc~rd bearing of
N 50o07'55'' E and a chord distance of 2,611.90 feet;
Northeasterly, along said curve, passing at an arc distance of 1,269.04 feet the proposed center
line of South Colony Boulevard (a proposed 100 foot right of way), continuing in all an arc
distance of 2,665.66 feet to a found ½ inch iron rod at the point of tangency;
N 70007'22'' E, passing at a distance of 332.87 feet the southwest line of Morning Star
Boulevard (a variable width right of way at this location), passing at a distance of 568.00 feet
the northeast line of Morning Star Boulevard, continuing in all a distance of 571.71 feet to a
found ½ inch iron rod at the beginning of a tangent curve to the left with a central angle of
25°19'12'', a radius of 1,390.00 feet, a chord bearing of N 57o27'45'' E and a chord distance of
609.28 feet;
- Northeasterly, along said curve, an arc distance of 614.27 feet to a found ½ inch iron rod at the
point of tangency;
Page 07 of Page 22
LEGAL DESCRIPTION (Continued)
271.2131 ACRE TRACT INCLUDING MORNING STAR BOULEVARD
N 44048'09'' E, a distance of 527.64 feet to a found % inch iron rod at the beginning of a tangent
curve to the right with a central angle of 38o44'36'', a radius of 1,390.00 feet, a chord bearing of
N 64010'27'' E and a chord distance of 922.11 feet;
- Northeasterly, along said curve, an arc distance of 939.92 feet to a found ½ inch iron rod at the
point of tangency;
- N 83o32'45" E, a distance of 339.03 feet to a found ½ inch iron rod for a corner in the southwest
line of the Burlington Northern Railroad (a 100 foot right of way at this location);
THENCE, the following courses and distances with the southwest line of the Burlington Northern
Railroad:
- S 06°27'15" E, a distance of 1,250.11 feet to a found ~ inch iron rod for a corner;
- S 83o30'04'' W, a distance of 49.59 feet to a found ½ inch iron rod for a corner;
- S 06o26'46" E, a distance of 706.11 feet to a found % inch iron md for a corner;
- S 89o48'33" E, a distance of 50.56 feet to a found ½ inch iron rod for a comer;
- S 06033'25'' E, a distance of 42.45 feet to the Point of Beginning.
Pa~e 08 of Page
Tract A
LEGAL DESCRIPTION
25.8632 ACRE TRACT BETWEEN
PAIGE ROAD AND PROPOSED STREET
Being 1,126,600 square feet or 25.8632 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 173 and the BBB & C.R.R. Co. Survey, Abstract No. 174, City of The Colony, Denton
County, Texas, and being the part of a called 781.450 acre tract of land conveyed to Paige/121
Partnership, Ltd. by Special Warranty Deed recorded in County Clerk File No. 96-R0068033, Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a set "x" cut on concrete pavement for a corner in the northwest line of State Highway
121 (a variable width right of way), said point being the southeast corner of Lot 1, Block I of
Centennial Corner Addition, an addition to the City of The colony, Denton County, Texas according to
the plat thereof recorded in Cabinet N, Page 246, Plat Records of Denton County, Texas, and said
point being called N 61019'40" E a distance of 198.08 feet and N 65001'59" E, a distance of 68.90 feet
from the south east corner of a right of way corner clip at the intersection of the northwest line of
State Highway 121 with the east line of Paige Road (a variable width right of way at this location),
THENCE, N 28040'20'' W, departing the northwest line of State Highway 121 and with the northeast
line of said Lot 1, a distance of 231.78 feet to a set ½ inch iron rod for a corner at the northeast corner
of said Lot 1;
THENCE, S 89o59'58'' W, with the north line of said Lot 1, passing at a distance of 183.56 feet the
northwest corner of said Lot 1 and an offset in the east line of Paige Road (a 124 foot right of way
south of this location), continuing in all a distance 207.56 feet to a set "x" cut on concrete pavement
for a corner in the east line of Paige Road (a 100 foot right of way north of this location);
THENCE, N 00000'02'' W, with the east line of Paige Road, a distance of 659.55 feet to a set ~ inch
iron rod for a corner at the intersection of the east line of Paige Road with the center line of proposed
Memorial Drive (a proposed 120 foot right of way);
THENCE, the following courses and distances with the center line of proposed Memorial Drive;
- N 80o00'00'' E, departing the east line of Paige Road, a distance of 82.30 feet to a set % inch
iron rod at the beginning of a tangent curve to the left with a central angle of 38°41'12", a radius
of 1,390.00 feet, a chord bearing of N 60039'24" E and a chord distance of 920.81 feet;
- Northeasterly, along said curve, an arc distance of 938.54 feet to a set ~/~ inch iron rod for a
corner at the intersection of the center line of proposed Memorial Drive with the center line of a
proposed street (a proposed 100 foot right of way);
Page 09 of Page 22
LEGAL DESCRIPTION (Continued)
25.8632 ACRE TRACT BETWEEN
PAIGE ROAD AND PROPOSED STREET
- S 48°41'11" E, with the center line of the said proposed street, a distance of 169.26 feet to a set
t/~ inch iron rod at the beginning of a tangent curve to the right with a central angle of 20°01 '21",
a radius of 2,000.00 feet, a chord bearing of S 38o40'30" E and a chord distance of 695.37 feet;
- Southeasterly, along said curve, an arc distance of 698.92 feet to a set ½ inch iron rod at the
point of tangency;
- S 28o39'50" E, a distance of 102.50 feet to a set ½ inch iron md for a corner in the northwest
line of State Highway 121;
THENCE, the following courses and distances with the northwest line of State Highway 121;
- S 61°20'10" VV, a distance of 199.06 feet to a found TXDOT right of way monument for an angle
point;
- S 65°11'19" W, a distance of 675.54 feet to a found 5/8 inch iron rod for an angle point;
- S 61°11'03" W, a distance of 329.04 feet to a set ~ inch iron rod for an angle point; corner;
- S 65°03'49'' W, a distance of 109.87 feet to the Point of Beginning.
Page 10 of Page 22
LEGAL DESCRIPTION Tract
72.0358 ACRE TRACT BETWEEN SOUTH COLONY BOULEVARD
AND PROPOSED STREET
Being 3,137,878 square feet or 72.0358 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 173 and the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of the Colony, Denton
County, Texas, and being the part of a called 781.450 acre tract of land conveyed to Paige/121
Partnership, Ltd. by Special Warranty Deed recorded in County Clerk File No. 96-R0068033, Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a set ~ inch iron rod for a corner in the northwest line of State Highway 121 (a
variable width right of way), said point being S 61o19'26" W, a distance of 382.75 feet, S 57o30'48" W,
a distance of 501.65 feet and S 61°20'10" W, a distance of 2,547.58 feet from a found ½ inch iron rod
at the intersection of the northwest line of State Highway 121 with the southwest line of the
Burlington Northern Railroad (a variable width right of way at this location), said found ½ inch iron rod
being the southeast corner of the said 781.450 acre tract;
THENCE, S 61°20'10'' W, with the northwest line of State Highway 121, a distance of 1,994.70 feet to
a set ~ inch iron rod for a corner at the intersection of the northwest line of State Highway 121 with
the center line of a proposed street (a proposed 100 foot right of way);
THENCE, the following courses and distances with the center line of the said proposed street:
- N 28o39'50'' W, a distance of 102.50 feet to a set ½ inch iron rod at the beginning of a tangent
curve to the left with a central angle of 20°01'21",a radius of 2,000.00 feet, a chord bearing of
N 38o40'30'' W and a chord distance of 695.37 feet;
Northwesterly, along said curve, an arc distance of 698.92 feet to a set ½ inch iron rod at the
point of tangency;
- N 48°41'11" W, a distance of 169.26 feet to a point at the intersection of the center line of the
said proposed street with the center line of proposed Memorial Drive (a proposed 120 foot right
of way), said point lying in a non-tangent curve to the left with a central angle of 1 l°10'22', a
radius of 1,390.00 feet, a chord bearing of N 35043'38'' E and a chord distance of 270.62 feet;
THENCE, the following courses and distance with the center line of proposed Memorial Drive:
- Northeasterly, along said curve, an arc distance of 271.05 feet to a found ~ inch iron rod at the
point of tangency;
- N 30o08'27'' E, a distance of 750.31 feet to a found ½ inch iron rod at the beginning of a curve
to the right with a central angle of 19°02'03'', a radius of 3,820.00 feet, a chord bearing of
N 39o39'29'' E and a chord distance of 1,263.21 feet;
Page 11 of Page 22
LEGAL DESCRIPTION (Continued)
72.0358 ACRE TRACT BETVVEEN SOUTH COLONY BOULEVARD
AND PROPOSED STREET
- Northeasterly, along said curve, an arc distance of 1,269.04 feet to a found ~ inch iron rod for a
corner at the intersection of the center line of proposed Memorial Drive with the center line of
proposed South Colony Boulevard, said point the beginning of a non-tangent curve to the right
with a central angle of 13°37'28'', a radius of 4,034.80 feet, a chord bearing of S 35o29'03" E
and a chord distance of 957.18 feet;
THENCE, the following courses and distances with the center line of proposed South Colony
Boulevard:
Southeasterly, along said curve, an arc distance of 959.44 feet to a set ~ inch iron rod at the
point of tangency;
S 28o40'20'' E, a distance of 968.11 feet to a to the Point of Beginning.
Page 12 of Page 22
LEGAL DESCRIPTION Tract: C
34.5512 ACRE TRACT BETWEEN CENTER LINE OF
MORNING STAR BOULEVARD AND CENTER LINE
OF SO. COLONY BLVD. AT MEMORIAL DRIVE
Being 1,505,051 square feet or 34.5512 acre tract of land situated in the BBB & C.R.R. Co. Survey,
Abstract No. 174, City of the Colony, Denton County, Texas, and being the part of a called 781.450
acre tract of land conveyed to Paige/121 Partnership, Ltd. by Special Warranty Deed recorded in
County Clerk File No. 96-R0068033, Deed Records of Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found ½ inch iron rod at the intersection of the northwest line of State Highway
121 with the southwest line of the Burlington Northern Railroad (a variable width right of way at this
location), said found ½ inch iron rod being the southeast corner of the said 781.450 acre tract;
Thence, S 61°19'26'' VV, with the northwest line of State Highway 121, a distance of 382.75 feet to a
point; Thence, S 57o30'48" W, continuing with the northwest line of State Highway 121, a distance of
501.65 feet to a point; Thence S 61°20'10" VV, continuing with the northwest line of State Highway
121, a distance of 2,547.58 feet to a point at the intersection of the northwest line of State Highway
121 with the center line of proposed South Colony Boulevard (a proposed 100 foot right of way);
Thence, N 28°40'20'' W, with the center line of South Colony Boulevard, a distance of 968.11 feet to
the beginning of a tangent curve to the left with a central angle of 01o26'30", a radius of 4,034.80 feet,
a chord distance of N 29°23'35'' W and a chord distance of 101.53 feet; Thence, Northwesterly,
continuing with the center line of South colony Boulevard and along said curve, an arc distance of
101.53 feet to the Point of Beginning, said point the beginning of a tangent curve to the left with a
central angle of 12o10'57'', a radius of 4,034.80 feet, a chord bearing of N 36°12'18'' W and a chord
distance of 856.29 feet;
THENCE, Northwesterly, continuing with the center line of proposed South Colony Boulevard and
along said curve, an arc distance of 857.91 feet to a point for a corner at the intersection of proposed
South Colony Boulevard with the center line of proposed Memorial Drive (a proposed 120 foot right of
way), said point the beginning of a non-tangent curve to the right with a central angle of 20°56'52", a
radius of 3,820.00 feet, a chord bearing of N 59o38'56" E and a chord distance of 1,388.86 feet;
THENCE, Northeasterly, with the center line of proposed Memorial Drive and along said curve, an arc
distance of 1,396.62 feet to the point of tangency;
THENCE, N 70o07'22'' E, continuing with the center line of Memorial Ddve, a distance of 449.66 feet
to a point at the intersection of the center line of Memorial Drive with the center line of Morning Star
Boulevard (a 120 foot right of way), said point the beginning of a non-tangent curve to the left with a
central angle of 08°24'04'', a radius of 5,730.00 feet, a chord bearing of S 16°39'51'' E and a chord
distance of 839.43 feet;
THENCE, Southeasterly, with the center line of Morning Star Boulevard and along said curve, an arc
distance of 840.19 feet to a point for a comer;
THENCE, S 61°20'10" W, departing the center line of Morning Star Boulevard, a distance of 1,545.74
feet to the Point of Beginning.
Page 13 of Page 22
lYact !)
LEGAL DESCRIPTION
35.3250 ACRE TRACT BETWEEN CENTER LINE OF
MORNING STAR BOULEVARD AND CENTER LINE
OF SO. COLONY BLVD. AT STATE HIGHWAY 121
Being 1,538,759 square feet or 35.3250 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 174, City of the Colony, Denton County, Texas, and being the part of a called 781.450
acre tract of land conveyed to Paige/121 Partnership, Ltd. by Special Warranty Deed recorded in
County Clerk File No. 96-R0068033, Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point for a corner at the intersection of the northwest line of State Highway 121 (a
. variable width right of way) with the center line of Morning Star Boulevard (a 120 foot right of way),
'said point being S 61°19'26" W, a distance of 382.75 feet S 57o30'48'' W, a distance of 501.65 feet
and S 61°20'10" W, a distance of 1,190.60 feet from a found ½ inch iron rod at the intersection of the
northwest line of State Highway 121 with the southwest line of the Burlington Northern Railroad (a
variable width right of way at this location), said found ~ inch iron rod being the southeast corner of
the said 781.450 acre tract;
THENCE, S 61°20'10,' W, with the northwest line of State Highway 121, a distance of 1,356.98 feet to
a point for a corner at the intersection of the northwest line of State Highway 121 with the center line
of proposed South Colony Boulevard (a proposed 100 foot right of way);
THENCE, the following courses and distances with the center line of proposed South Colony
Boulevard:
- N 28o40'20" W, departing the northwest line of State Highway 121, a distance of 968.11 feet to
a point at the beginning of a tangent curve to the left with a central angle of 01°26'30", a radius
of 4,034.80 feet, a chord distance of N 29°23'35'' W and a chord distance of 101.53 feet;
Northwesterly, along said curve, an arc distance of 101.53 feet to a point for a corner;
- N 61°20'10'' E, departing the center line of proposed South Colony Boulevard, a distance of
1,545.74 feet to a point for a corner in the center line of Morning Star Boulevard, sdaid point
lying in a non-tangent curve to the left with a central angle of 01°32'51', a radius of 5,730.00
feet, a chord bearing of S 21.°38'19'' E and a chord distance of 154.75 feet;
Page 14 of Page 22
LEGAL DESCRIPTION (continued)
35.3250 ACRE TRACT BETVVEEN CENTER LINE OF
MORNING STAR BOULEVARD AND CENTER LINE
OF SO. COLONY BLVD. AT STATE HIGHWAY 121
THENCE, the following courses and distance with the center line of Morning Star Boulevard:
- Southeasterly, along said curve, an arc distance of 154.75 feet to the beginning of a tangent
curve to the right with a central angle of 14o14'57'', a radius of 1,395.00 feet, a chord
bearing of S 15°17;16'' E and a chord distance of 346.04 feet;
- Southeasterly, along said curve, an arc distance of 346.93 feet to the beginning of a tangent
curve to the left with a central angle of 20o30'25'', a radius of 1,395.00 feet, a chord bearing of
S 18°25'00'' E and a chord distance of 496.63 feet;
- Southeasterly, along said curve, an arc distance of 499.29 feet to the point of tangency;
- S 28°40'12" E, a distance of 90.69 feet to the Point of Beginning.
Page 15 of Page 22
Tra £
LEGAL DESCRIPTION
103.4379 ACRE TRACT BETWEEN
BURLINGTON NORTHERN RAILROAD AND MORNING STAR BOULEVARD
Being 4,505,754 square feet or 103.4379 acre tract of land situated in the B.B.B. & C.R.R. Co.
Survey, Abstract No. 174, the R. P. Hardin Survey, Abstract No. 611 and the William A. Bridges
Survey, Abstract No. 112, City of the Colony, Denton County, Texas, and being the part of a called
781.450 acre tract of land conveyed to Paige/121 Partnership, Ltd. by Special Warranty Deed
recorded in County Clerk File No. 96-R0068033, Deed Records of Denton County, Texas, and being
more particularly described as follows:
BEGINNING at a found ½ inch iron rod at the intersection of the northwest line of State Highway 121
(a variable width right of way) with the southwest line of the Burlington Northern Railroad (a variable
width right of way at this location), said point being the southeast corner of the said 781.450 acre
tract;
THENCE, the following courses and distances with the northwest line of State Highway 121:
- S 61o19'26'' W, a distance of 382.75 feet to a found TXDOT right of way monument for an
angle point;
S 57o30'48" W, a distance, of 501.65 feet to a found TXDOT right of way monument for an angle
point;
S 61°20'10'' W, a distance of 1,190.60 feet to a point for a corner at the intersection of the
northwest line of State Highway 121 with the center line of Morning Star Boulevard (a 120 foot
right of way);
THENCE, the following courses and distances with the center line of Morning Star Boulevard:
N 28°40'12" W, departing the northwest line of State Highway 121, a distance of 90.69 feet to a
point at the beginning of a tangent curve to the right with a central angle of 20o30'25'', a radius
of 1,395.00 feet, a chord bearing of N 18o25'00" W and a chord distance of 496.63 feet;
- Northwesterly, along said curve, an arc distance of 499.29 feet to a point at the beginning of a
tangent curve to the left with a central angle of 14o14'57", a radius of 1,395.00 feet, a chord
bearing of N 15°17'16'' W and a chord distance of 346.04 feet;
Page 16 of Page 22
LEGAL DESCRIPTION (Continued)
103.4379 ACRE TRACT BETWEEN
BURLINGTON NORTHERN RAILROAD AND MORNING STAR BOULEVARD
- Northwesterly, along said curve, an arc distance of 346.93 feet to a point at the beginning of a
tangent curve to the right with a central angle of 09o56'55", a radius of 5,730.00 feet, a chord
bearing of N 17°26'17' W and a chord distance of 993.69 feet;
Northwesterly, along said curve, an arc distance of 994.94 feet to a point for a corner at the
intersection of the center line of Morning Star Boulevard with the center line of proposed
Memorial Drive (a proposed 120 foot right of way);
THENCE, the following courses and distances with the center line of proposed Memorial Drive;
N 70o07'22'' E, a distance of 122.05 feet to a found ½ inch iron rod at the beginning of a tangent
curve to the left with a central angle of 25°19'12", a radius of 1,390.00 feet, a chord bearing of
N 57°27'45'' E and a chord distance of 609.28 feet;
- Northeasterly, along said curve, an arc distance of 614.27 feet to a found ~ inch iron rod at the
point of tangency;
- N 44048'09'' E, a distance of 527.64 feet to a found ½ inch iron rod at the beginning of a tangent
curve to the right with a central angle of 38044'36", a radius of 1,390.00 feet, a chord bearing of
N 64o10'27'' E and a chord distance of 922.11 feet;
- Northeasterly, along said curve, an arc distance of 939.92 feet to a found ½ inch iron rod at the
point of tangency;
- N 83032'45" E, a distance of 339.03 feet to a found ~ inch iron rod for a corner in the southwest
line of the Burlington Northern Railroad (a 100 foot right of way at this location);
THENCE, the following courses and distances with the southwest line of the Burlington Northern
Railroad:
S 06°27'15" E, a distance of 1,250.11 feet to a found ~ inch iron md for a comer;
- S 83°30'04" VV, a distance of 49.59 feet to a found ½ inch iron rod for a corner;
- S 06°26'46" E, a distance of 706.11 feet to a found ~ inch iron rod for a corner;
- S 89o48'33" E, a distance of 50.56 feet to a found % inch iron rod for a corner;
S 06°33'25' E, a distance of 42.45 feet to the Point of Beginning.
Page 17 of Page 22
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EXHIBIT "C"
SECTION I
GENERAL PROVISIONS
1. For the purpose of this ordinance, Exhibit B, PD Concept Plan, shall indicate conceptual
alignments of thoroughfares and general locations and delineations of Zoning Areas
within this Planned Development. The PD Concept Plan, is accompanied by the Land
Use Table and the Planned Development Conditions which establishes the permitted
uses, development densities, appropriate acreage and special development standards.
2. Prior to the issuance of any building permit for the development of any Business Park,
Retail, and/or Multifamily portions of the property described herein as Tracts A, B, C, D,
and E (the "Tracts"), the Development Plan required by Section 10-664 of the
Comprehensive Zoning Ordinance of the City of The Colony, Zoning Ordinance, Chapter
61, shall be submitted and approved by the City Council and made an exhibit to and a
part of this ordinance and incorporated by reference herein for all purposes.
3. Land uses existing on the site prior to passage of this Planned Development District are
considered as permitted uses within these Planned Development regulations.
4. The acreage shown for each tract shall be subject to minor refinement and adjustments at
the time of platting based on final placement and design of bounding thoroughfares
and/or exact determination of buildable areas within each tract.
5. Terms used in this ordinance shall have the same definitions as given in the
Comprehensive Zoning Ordinance of the City of The Colony, Ordinance 61 unless
otherwise defined herein.
6. The Development Guidelines for the SH-121 Corridor, as adopted by Resolution No.
9612 on July 1, 1996, and as amended or restated, shall be included as part of the
development standards for all tracts within this Planned Development District.
7. All streets and thoroughfares shown on the Access Plan shall be designed and constructed
in accordance with approved City of The Colony standards.
8. The development of any tract of land within the Planned Development shall be required
to obtain site plan approval before the issuance ora building permit.
9. All developments are subject to the approval of engineering plans in accordance with
City of The Colony standards and specifications.
10. Utility easements as shown on the Development Plan may be required to be wider
depending on the number of franchise utilities operating in that area.
11. Developer shall design and construct drainage infrastructures and dedicate the
appropriate easements in accordance with City of The Colony standards, requirements
and applicable cost sharing agreements.
12. The location, design, and width of the collector street between South Colony Blvd and
Paige Road shall be finalized at the time of platting.
Page 19 of Page 22
LAND USE SUMMARY
THE IBM TRACT
THE COLONY, TEXAS
I Gross Right-of-
Tract Land Use Acres Way Net Acres
A Business Park 25.863 2.39 23.473
B Business Park 72.036 5.92 66.116
C Multi-Family 34.551 4.55 30.000
D Business Park 35.325 2.76 32.566
E Business Park/Industrial 103.438 6.12 97.315
All tracts Total 271.213 21.743 249.470
Page 20 of Page 22
SECTION II
BUSINESS PARK REGULATIONS
TRACTS A, B, D AND E
In addition to the provisions of Section 10-2100, of the City of The Colony Comprehensive
Zoning Ordinance, Chapter 61, the following regulations shall apply:
1. Uses Permitted:
All uses permitted in the General Retail "GR" and Business Park "BP" Districts
shall be permitted on tracts A, B, D, and E subject to the limitations as described in
#2 below. In addition, "Processing or light industrial uses" not listed in Section 10-
200 of the Zoning Ordinance and "warehouse" shall be permitted on tract E and
shall be regulated by performance standards in accordance with Section 10-400 of
the Zoning Ordinance as may be amended from time to time. "Laboratory,
manufacturing" as listed in Section 10-200 of the Zoning Ordinance shall be allowed
on tract E with a Specific Use Permit (SUP)
2. Floor Area Ratio: The overall cumulative Floor Area Ratio (FAR) for all tracts shall
be a maximum of 1:1, subject to the following maximum FAR's by type of use:
Retail/Commercial: 0.45:1
Office/Warehouse/Light Industrial: 1:1
General Office: 1:1
Page 21 of Page 22
SECTION HI
MF-3 MULTIFAMILY RESIDENTIAL DISTRICT REGULATIONS
TRACT C
1. Purpose: The purpose of this district is to provide multifamily housing having a
maximum density of 21 dwelling units per gross acre. This multifamily tract has been
located in close proximity to S.H. 121 for accessibility as well as being in close proximity
to the planned employment centers, and to provide alternative housing options within the
City of The Colony.
2. General Regulations: The development of this property shall be in accordance with the
provisions of the Multifamily - 3 Residential "MF-3" District Regulations as set forth in
The City of The Colony Comprehensive Zoning Ordinance, except as specifically
provided herein.
SPECIAL PROVISIONS:
3. Maximum Number of Units. The maximum number of multi-family units allowed within
this parcel (Tract C) shall be 660 units. For any units in excess of 600 units, additional
parkland dedication, or fee in lieu of park land dedication, shall be made in accordance
with City ordinance # 97-980 dated December 1, 1997.
4. Alternative Use. All or a portion of this parcel may be developed as Retirement Housing,
providing that a Specific Use Permit (SUP)is obtained following procedures required by
the Comprehensive Zoning Ordinance.
5. Exterior Lighting:
a. Exterior lighting fixtures, whether attached to buildings and/or free standing, shall be
of harmonious design within developments on one or several parcels comprising any
tract bounded by thoroughfares and/or changes in zoning districts.
b. All exterior light fixtures regardless of type or location shall be of downlight or
"indirect cut off' type design so that light sources are not directly visible.
c. Fixtures located in yards adjacent to or within 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 pole mounted along the
property line with lighting fixtures directed inward producing no visible glare or light
overspill beyond the property line.
6. The Development Guidelines for the SH-121 Corridor, as adopted by Resolution No.
9612 on July l, 1996, and as subsequently amended or restated, are incorporated by
reference and shall be used as part of the development standards for tract "C".
Page 22 of Page 22