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HomeMy WebLinkAboutOrdinance No. 919ORIGINAL' PLANNED DEVELOPMENT (09-95Z 1/Billingsley Property) PAGE 1 PLANNING DEPARTMENT PLANNED DEVELOPMENT NO. 12 City of The Colony DEVELOPMENT NAM]E Billingsley Property ORDINANCE NU'MBER (5/[ ~ AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING PLANNED DEVELOPMENT NUM~BER 12 ON TWO TRACTS OF LAND CURRENTLY ZONED (A) AGRICULTURAL DISTRICT; PROVIDING FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MP-3) MULTIPLE FAMILY RESDENTIAL DISTRICT UPON PROPERTY GENERALLY LOCATED SOUTH OF 121, TRACT A BOUNDED ON THE NORTH, EAST AND SOUTH SIDES BY THE TOWN OF HEBRON, TO THE WEST BY THE CITY OF CARROLLTON, TRACT B BOUNDED ON TI-iE SOUTH SIDE BY THE CITY OF CARROLLTON; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 9th day of October, 1995, the Planning and Zoning Commission did consider and make recommendations on a certain request for a Planned Development District (Case No. 09-95Z1). 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 Planned Development Number 12 is hereby established for a certain 254.8494 (Tract A) and I 1.3114 (Tract B) acre tract of land located generally south of State Highway 121, Tract A bounded on the north, east and south sides by the Town of Hebron, to the west by the City of Carrollton, situated in the David Andrews Survey, Abstract No. 18, the Samuel B. Evans Survey, Abstract No. 397, the B. Martin Survey, Abstract No. 827, the Benjamin Schoonover Survey, Abstract No. 1208 and the Thomas West Survey, Abstract No. 1344; Tract B bounded on the south side by the City of Carrollton, situated in the Samuel B. Evans Survey, Abstract No. 397, Denton County, Texas, and more specifically described on attached Exhibits A and B, providing for the following uses: 01.95.0g/pform/09-95Z 1 PLANNED DEVELOPMENT (09-95Z1/Billingsley Property) PAGE 2 TRACTS II AND IV Permitted uses shall be all principal and accessory uses which are allowed by right in the (BP) Business Park 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 (BP) Business Park District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. A Special Use Permit shall be required for all uses otherwise requiring a Special Use Permit in the (BP) Business Park 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. TRACTS I, III AND V Permitted uses shall be all principal and accessory uses which are allowed by right in the (ME- 3) Multiple Family Residential 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 (ME-3) Multiple Family Residential District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. A Special Use Permit shall be required for all uses otherwise requiring a Special Use Permit in the (MF-3) Multiple Family Residential 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 2. That development shall be in conformance with the Conceptual Development Plan, attached hereto as Exhibit C. Section 3. That development shall be in accordance with the following special conditions, restrictions, and regulations: 01.95.0g/p£orm/09-95Z 1 PLANNED DEVELOPMENT (09-95Z1/Billingsley Property) PAGE 3 1. Developer shall provide land for the location of a public safety facility at a site to be mutually agreeable to both parties. 2. 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 ofbuildable areas. 3. A development plan shall be submitted and considered for approval by the City Council for each tract and shall be made an exhibit to this ordinance. 4. The developer will be responsible for the construction of all required roads and thoroughfares. 5. Lighting: Exterior lighting fixtures, whether attached to a building and/or free standing shall be of harmonious design on all buildings either hqdividually or jointly owned within abutting lots within a tract. a. 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. b. Fixtures located 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. 6. 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 the utility company apparatus shall be buffered by landscaping or screening within the guidelines of the affected utility company. 7. 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. TRACTS I, III AND V 8. The maximum allowable density shall be 24.0 units per gross acre, less right-of-way dedication. Architectural Treatment 9. Staggered wail line: A minimum four (4) foot offset between the relative front walls of two(2) adjacent units in the same building shall be provided for every four (4) or fewer un/t footprints. The offset or staggered area must be a minimum width of two (2) units. Exterior balconies do O1.95.0g/pform/O9-95Z1 PLANNED DEVELOPMENT (09-95Z l/BilIingsley Property) PAGE 4 not qualify as an offset area. 10. Roof slope: A minimum 12:1 roof slope shall be provided on a minimum of 80 percent of the footprint projection of the total unit roof areas of each individual structure. 11. Brick column along front or full-height brick chimney: a. A one (l) 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 (I) 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). 12. Carports: In the event that 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. Any carport must be constructed of materials which 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.) 13. 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, only the first floor is required to have a minimum of 75% of its exterior to be constructed of brick, tiles, stone, or similar materials. 14. Building Placement: Where three (3) or more buildings are within one hundred (100) feet ora 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 fight-of-way. the remainder may be parallel to the street. 15. 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 oft" type fixtures mounted 12' or less above grade be allowed to be mounted on a building wall. Landscaping 16. A minimum fifteen (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. 01.95.0g/p form/09-95Z 1 PLANNED DEVELOPMENT (09-95Z 1/Billingsley Property) PAGE 5 17. 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 ora minimum height of three(3) feet; or b. One (I) large tree, (3) small trees, and shrubs. Large trees will be a minimum of three(3) inches in caliper at the time of planting Small trees as defined by this Planned Development will be a minimum of eight (8) feet in height at the time of planting. 18. 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 dr/veways, access ways and viability triangles. In addition, the following conditions must 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 must provide a solid visual barrier, an 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. 19. All landscape areas shall be served by a fully automatic irrigation system. Section 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 5. Penalty Clause 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 TwoThousand Dollars ($~,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. 01.95.0gdpform/O9-95Z 1 PLANNED DEVELOPMENT (09-95Z1/Billingsley Property) PAGE 6 Section 6. 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 7. Savings Clause That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. Section 8. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 15th day of January, 1996. CITY OF THE COLONY By: William W. Manning ..~, Mayor ATTEST: Patti A. Hicks, TRMC City Secretary APPRO~ AS TO FOKM: APPROVED AS TO CONTENT: City/td'torney Samuel D. Chavez ~ City Planner 01.95.0g/pform/09-95Z1 Exhibit A Tract A BEING a part of that certain 478.6553 acre tract of land annexed to the City of Carrollton, Texas by Annexation Ordinance No. 1330, in the David Andrews Survey, Abstract No. 18, the Samuel B. Evans Survey, Abstract No. 397, the B. Martin Survey, Abstract No. 827, the Benjamin Schoonover Survey, Abstract No. 1208 and the Thomas West Survey, Abstract No. t344, situated in Denton County, Texas, and being more particularly described as follows: BEGINNING at the most Northerly Northeast comer of said 478.653 acre tract, said point being on the common line between the City of The Colony and City of Hebron; 2tqENCE along said common line between the City of The Colony and the City of Hebron as follows: SOUTH, 1375.33 feet; North 82o43'57'' West, 339.42 feet; South 8053'57" West, 513.10 feet; South 30045'36'' East, 10.64 feet; South 8° 14'07" West, 1201.78 feet; South 88059'29" West, 2597.32 feet; North 0°51'31'' West, 526.90 feet; South 89°10'04" West, 3190.23 feet; THENCE North 0°46' West, 340.00 feet to a point on the common line between the City of The Colony and the City &Hebron; THENCE along said common line between the City of The Colony and the City of Hebron as follows: North 89 ° 10'03" East, 1603.17 feet; North 6004'55'' East, 733.85 feet; North 89° 10'03" East, 1490.35 feet; North 0°48'56" West, 440.00 feet; North 1 °01'11" West, 1009.11 feet; North 89°08'19" East, I0 feet;., South 1°01'11" East, 10 feet; North, 89°08'19'' East, 3225.38 feet to the PLACE OF BEGINNING, and containing 254.9114 acres of land, more or less. Tract B BEING a part of that certain 484.705 acre tract of land annexed to the City of Carrollton, Texas by Annexation Ordinance No. 1330, in the Samuel B. Evans Survey, Abstract No. 397, situated in Denton County, Texas and being more particularly described as follows: COMMENCING at the most Westerly Northwest corner of said 484.705 acre tract; THENCE along the common line between the City of Carrollton and the City of Hebron as follows: North 78°45'15" East, 157.0 feet; North 60°50'35" East, 71.84 feet; North 72o48'05'. East, 197.11 feet to the PLACE OF BEGINNING of this description; THENCE North 72°48'05" East, 192.66 feet to the beginning ora curve to the leA; Northwesterly along said curve to the le~ having a central angle of 28°40'42", a radius of 2400.0 feet and a tangent of 613.50 feet, an arc distance of 1201.28 feet; North 44°07'23" East, 508.28 feet to the beginning ora curve to the right; Northeasterly along said curve to the right having a central angle of 19°08'15", a radius of 2000.0 feet and a tangent of 337.15 feet, an arc distance of 668.82 feet to the beginning of a curve to the 1¢~ whose radius bears South 26°44'22.. East 875.0 feet; THENCE Southwesterly along said curve to the left having a central angle of 38°20'48", a radius of 875.0 feet and a tangent of 304.25 feet, an arc distance of 585.62 feet; TI-]~ENCE South 24°54'49" West, 714.0 feet to the beginning ora curve to the fight; THENCE Westerly along said curve to the right having a central angle of 67°40'54", a radius of 6250 feet and a tangent of 419.05 feet, an arc distance of 738.29 feet; TI-IENCE North 87°24'17" West, 493.29 feet to the beginning ora curve to the left; THENCE Northwesterly along said curve to the lea having a central angle of 19°47'38", a radius of 875.0 feet and a tangent of 152.66 feet, an arc distance of 302.28 feet to the PLACE OF BEGINNING, and containing 11.2509 acres of land, more or less.