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HomeMy WebLinkAboutOrdinance No. 862 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, 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 A CHANGE IN THE USE OF SAID PROPERTY FROM BP, BUSINESS PARK AND (I) INDUSTRIAL TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION WITH MIXED USES; AND IN ACCORDANCE WITH THE EXHIBITS ATI~ACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND WITH A COMPREHENSIVE SITE PLAN; 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 thc 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 thc 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 publ/c 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 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 WHEREAS, 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 t'md 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 1. That ail 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 ail 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 ailowed use of a tract of land being approximately 779.902 acres in the B.B.B. & C.R.R. Co. Survey, Abstract No. 172, 173, and 174, R.P. Hardin Survey, Abstract No. 611 and William A. Bridges Survey, Abstract No. 112, Denton County, Texas; a tract of land being approximately 322.800 acres in the B.B.B. & C.R.R. Co. survey, Abstract No. 173 and 174 R.P. Hardin Survey, Abstract No. 611 and the M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas and a tract of land being approximately 6.476 acres in the B.B.B. & C.R.R. Co. Survey, Abstract 173, Denton County Texas, and as more particularly described in Exhibit "A" attached hereto and incorporated herein for ail purposes, which, in accordance with the Comprehensive Zoning Ordinance, as amended, is presently zoned Business Park (BP) and Industriai (I), is changed to a Planned Development (PD) District with mixed uses in accordance with the requirements set forth in the conceptuai development plan attached hereto and incorporated herein as Exhibit "B", and with the specific standards, regulations and conditions attached hereto and incorporated 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 conceptual development plan shown in £xhibit "B" shall be submitted by the Owner and Developer as required by the Comprehensive Zoning Ordinance, shail 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 ail 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 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 7. 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 8. 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. In the event there has been no development activity on the property under this Planned Development, within 5 years from the approval date of this ordinance, the City Council reserves the right to call a public hearing on the Planned Development for the purpose of reconsideration of the general and specific details of the zoning regulations. Section 9. 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 10. 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 11. 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 12. 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 ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 13. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of it~final passage and publication as provided by law, and it is accordingly so ordained. PcA$SED AND APPROVED by the City Council of the City of The Colony, Texas this the / 77X day of ~, 1994. ~-~William W. Manning, Mayor ATTEST: , / Patti A. Hicks, City Secretary t, City Attorney FIELD NOTES Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 172, 173 and 174, R.P, Hardin Survey, Abstract No. 611 and William A. Bridges Survey, Abstract No. 112, Denton County, Texas and being more particularly described as follows: BEGINNING at He intersection of the west line of the St. Louis & Southwestern Railroad (a 100 ft. R.O.W.) and the northwestern line of Texas State highway No. 121 (a 285,00 ft. R.O.W. at this point); THENCE S 61°15'25· W,'382.78 feet along said northwestern line of State Highway No. 121 and a State Highway monument found for comer; THENCE S 57°24'19· W, 501.56 feet along said northwestern line to a State Highway monument found for comer; THENCE S 61°15'00' W, 4740.68 feet along said northwestern line to a State ~ Highway monument found for corner; THENCE S 65°04'17· W, 675.21 feet along said northwestern line to a 1/2' iron pin set for corner; THENCE S 61°15'00' W, 329.71 feet along said northwestern line to a P.K. nail set for comer; THENCE S 65°08'19' W, 178.47 feet along said northwestern line to a 1/2' iron pin set for corner;, THENCE S 61°15'00· W, 198.08 feet along said northwestern line to a 1/2' iron pin set for corner; THENCE N 65°00'46- W, 78.25 feet along said northwestern line to a point in the ~ east line of Paige Road (a 100 ft. R.O.W.) and a 1/2' iron pin set for corner; THENCE in a northerly direction with a curve to the dght, said curve having a chord bearing of N 05°19'52· W, a central angle of 10°29'51· and a radius of 666.20 feet for an arc distance of 122.08 feet along said east line to a 1/2" iron pin set for comer; THENCE N 00°04'56· W, 861.55 feet along said east line to a 1/2' iron pin sat for corner; THENCE in a northwesterly direction with a curve to the left, said curve having a chord bearing of N 09°39'52· W, a central angle of 19°08'50· and a radius of 870.00 feet for an arc distance of 290.99 feet along said east line to a 1/2' iron pin set for comer;, THENCE in a northerly direction with a curve to the right, said curve having a chord bearing of N 09°46'44· W, a central angle of 18°56'06· and a radius of 770.00 feet for an arc distance of 254.47 feet along said east line to a 1/2' iron pin set for comer; THENCE N 00°18'41- W, 2757.47 feet along said east line to a point in the south line of Colony Blvd. (a 56 ft. R.O.W. at this point) and a 'X' cut set for corner; THENCE S 89°43'42- E, 256.91 feet along said south line to a P.K. nail set for corner; THENCE S 89°44'13" E, 367.30 feet to a 1/2' iron pin set for corner; THENCE N 00°28'41· E, 315.16 feet to a fence post found for corner; THENCE N 89°44'13· W, 371.59 feet to a point in the east line of The Colony Bank Addition and a 'X' cut set for corner; THENCE N 00°17'55- W, 1250.85 feet along said east line and along the east line of The Colony No. 8 to a point in the east line of Palge Road and a 1/2' iron pin set for corner;, THENCE in a northerly direction with a curve to the left, said curve having a chord bearing of N 09°17'20- E, a central angle of 19°10'30· and a radius of 901.23 feet for an arc distance of 301.61 feet along said east line to a 1/2' iron pin set for ~orner; THENCE N 00°17'55- W, 392.30 feet to a 'X' cut set for corner; THENCE N 89°38'06· E, 611.68 feet to a 1/2' iron pin found for comer; THENCE N 00°17'55- W, 712.14 feet to a 1/2' iron pin set for corner; THENCE N 00°28'55- E, 82.34 feet to a point in the south line of The Colony No. 11 and a 1/2' iron pin set for corner; '~HENCE S 89°54'07· E, 1540.92 feet along said south line and par'dy along the south line of a Replat of Block 162 of The Colony No. 22 to a 1/2' iron pin set for corner; THENCE S 89°53'57- E, 1522.47 feet along said south line to a 'X' cut set for comer; THENCE S 89°41'39- E, 1117.78 feet along the south line of Northpoint Phase I Addition to a 1/2' iron pin sat for corner; THENCE S 01°35'44· W, 37.39 feet along said south line to a 1/2' iron pin set for comer; THENCE S 89°48'00. E, 913.53 feet along said south line to a point in the west line ~ of the St. Louis & Southwestern Railroad and a 1/2' iron pin set for corner; THENCE in a southerly direction with a curve to the left, said curve having a chord bearing of S 01°28'19· W, a central angle of 16°01'20· and a radius of 2814.16 feet for an arc distance of 786.95 feet along said west line to a 1/2' iron pin set for corner; THENCE S 06°32'21- E, 2442.95 feet along said west line to a 1/2' iron pin set for comer; THENCE S 53°27'39' W, 50.00 feet along said west line to a 1/2' iron pin set for corner; THENCE S 06°32'21- E, 706.12 feet along said west line to a 1/2' iron pin set for comer; THENCE S 89°52'05. E, 50,34 feet along said west line to a 1/2' iron pin set for corner; THENCE S 06°32'21· E, 42.37 feet along said west line to a 1/2" iron pin set for corner and the Place of Beginning and containing 781,450 acres (34,039,979 Sq, Ft.) of land. SAVE AND EXCEPT THE FOLLOWING TRACT: Beginning at a point S 71°16'01- E, 3430.03 feet from the southwest comer of Lot 1, Block A of Final Plat of Palge Road Elementary School Addition an addition to the City of The Colony, Texas, recorded in Volume 3160, Page 0253 of the Records of Denton County, Texas, said comer also bp. lng in the east line of Paige Road (a 100 ft. R.O.W.); THENCE S 89°49'14- E, 215.99 feet to a metal fence post found for comer; THENCE S 00'30'28' E, 312.16 feet to a metal fence post found for comer; THENCE N 89°51'38- W,.216.07 feet to a metal fence post found for comer; THENCE N 00°29'33- W, 312.31 feet to a metal fence post found for comer and the Place of Beginning and containing 1.548 acres (67,448 sq. ft.) of land; LEAVING A NET of 779.902 acres (33,972,531 sq. lt.) of land. S1769 FIELD NOTES Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 and 174 R.P. Hardi.n Survey, Abstract No. 611 and the M.D.T. Hallmark Survey, Abstract No. 570 Demon County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the northeast line of Piano Parkway (a 100 ft. R.O.W.) and the southeast line of Texas State Highway No. 121 (a variable width R.O.W. at this point); THENCE N 61°16'10· E, 1470.12 feet along said southeast line of State Highway No. 121 and a 1/2' iron pin set for corner; THENCE S 49°51'06- E, 155.44 feet along said southeast line to a 1/2' iron pin set ~ for comer; THENCE N 00°08'52- W, 31.72 feet along said southeast line to a 1/2' iron pin set for comer; THENCE N 75°16'06· E, 17.05 feet along said southeast line to a 1/2' iron pin set for corner; THENCE N 30°38'22· E, 179.23 feet along said southeast line to a State Highway monument found for comer; THENCE N 58°20'51· E, 587.53 feet along said southeast line to a 1/2' iron pin set for comer; THENCE N 61°16'10· E, 3600.53 feet along said southeast line to a State Highway ~ monument found for corner; THENCE N 65°31'12· E, 400.06 feet along said southeast line to a State Highway monument found for corner; THENCE N 61°15'00" E, 666.10 feet along said southeast line to a point in the west line of the St. Louis & Southwestern Railroad and a 1/2' iron pin set for corner; THENCE S 06°32'21* E, 1040.84 feet along said west line to a 1/2' iron pin sat for corner; THENCE in a southeasterly direction with a curve to the right, said curve having a chord bearing of S 00°00'05' E, a central angle of 13°04'33' and a radius of 3703.75 feet for an arc distance of 845.25 feet along said west line to a 1/2' iron pin set for corner; THENCE S 06°32'12" W, 2523.82 feet along said west line to a T post set in creek for corner; THENCE N 83°03'16· W, 190.00 feet to a 1/2' iron pin set for comer; THENCE S 00°24'07· E, 970.00 feet to a 1/2' iron pin set for comer; THENCE S 89°35'53· W, 30.00 feet to a 1/2' iron pin set for corner;, THENCE N 03°24'07" W, 1370.00 feet to a 1/2' iron pin set for corner; THENCE N 89°44'03· W, 3806.61 feet to a point in the north line of Piano Parkway and a 1/2' iron pin set for corner; THENCE in a westerly direction wfth a curve to the left, said curve having a chord bearing of N 77'16'13' W, a central angle of 25°29'39· and a radius of 1050.00 feet for an arc distance of 467.20 feet along said north line to a 1/2' iron pin set for comer;, THENCE S 89°58'58· W, 623.47 feet along said north line to a 1/2' iron pin set for cp, ruer; THENCE in a northwesterly direction with a curve to the right, said curve having a chord bearing of N 60°01'52· W a central angle of 59°58'20· and a radius of 950.00 feet for an arc distance of 994.38 feet along said north line to a 1/2' iron pin set for comer;, THENCE N 30°02'42· W, 53.22 feet along said nor~ line to a 1/2' iron pin set for comer and the Place of Beginning and containing 322.800 acres (14.061,178 Sq. Ft.) of land. S1769.1 FIELD NOTES Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 Denton County: Texas, and being more particularly described as follows: BEGINNING at the intersection of the southeast line of Texas State Highway No. 121 (a variable width R.O.W. at this point) and the southwest line of Piano Parkway (a 100 ft. R.O.W.); THENCE S 30°02'42· E, 50.75 feet along said southwest line of Piano Parkway to a 1/2' iron pin set for comer; THENCE in a southeasterly direction with a curve to the left, said (~urve having a chord bearing of S 60°01 '52' E a central angle of 59°58'20· and a radius of 1050.00 feet for an arc distance of 1099.05 feet along said southwest line to a 1/2' iron pin set for comer; THENCE N 89°33'37· W, 1225.29 feet to a 1/2' iron pin set for comer;, THENCE N 00°02'26· E, 283.58 feet to a 5/8' iron pin found for comer; THENCE N 29°08'38' E, 171.74 feet to a point in the southeast line of State Highway No. 121 and a 5/8' iron pin found for corner; THENCE N 58°47'38' E, 241.75 feet along said southeast line and a 1/2' iron pin set for comer and the Place of Beginning and containing 6.476 acres (282,082 Sq. Ft.) of land. -i :;..J( I, II I ~ . I. ~ ~ A I~ L~ 8 z ~ ~ c > r- ~ Z 7 a. ~'1: %. l)? ~ n~~ ~i:n"1l~ ~ ~2S - I J '. 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'-'% !'I~~~.. , ds::.zo T nOH ~~ o~ \\\~ ~\~V ~ ~ ~ "'~" "0 lHOlO~\- +-- ~ ."'" - 1io~.. ~ II:> - \ ~ I I ! ~~ i--- ,,--:- ~~I;fl ;t 0 ~" Ii: ~ / I !i!H I ~!~r rw !ID o~rl J II ~ If I ~ -, r , ~ J -= ( ----::: - '- 0 " "~"7 ----.-r ~7~( c ' ...... J J.. r -- _ "T. I-\, 7' _ 'J ~ I r(7~~:1f) ~~i::~~ ! lh -lO ~l;n4;--f >~ ~ -< -.....:::= ~ 1m Q ~O ~ 6i 1~ '- \ \ I \\~ ) (\ '0 'T ~1I1~i~ !t~~ 0 ~~~n CI)-l ~ CI)^ ~- .J "A.. It ( ~, '1' - ).)IO"O=>> l& [... ) } GENERAL PROVISIONS 1. For the purpose of this ordinance, Attachment B, Conceptual Development Plan shall indicate conceptual alignments of thoroughfares and general locations and delineations of Zoning Areas within this Planned Development. The Conceptual Development 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, Industrial and/or Multifamily portions of the property described herein, (Tracts C, Fl, G, H, I, J, K, KI, L and/or M) , the Development Plan required by Section 10-654 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 P.D. 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 Tracts C and M and/or the final determination of community needs for Tract D. 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. Any details, issues or zoning districts requirements not specifically covered by this ordinance shall be subject to the provisions of the City of The Colony, Zoning Ordinance 61. 7. If an application is made to amend this ordinance for a specific Tract or Tracts within this Planned Development, for the purposes of legal notification, notice of said application for the rezoning request shall be delivered only to owners of land located within two hundred (200) feet of the Tract or Tracts under consideration for rezoning or for the establishment of a Specific Use Permit. 8. Ail City of The Colony ordinance references within this ordinance shall mean those municipal ordinances as presently written, as of the date of the passage of this ordinance. 9. Prior to the submission to the City of The Colony for zoning, platting, site plan, or building permit, all submittal shall be approved by the Architectural Control Committee (~the ACC"). A written approval from the Architectural Control Committee's shall be a part of the formal submittal to the City of The Colony. Developer or Builder shall obtain such approval from the ACC. 10. All landscaped areas, within Tracts C, FI, G, H, I, J, K, K1, L and/or M, whether in public right-of-way or private property shall be served by a fully automatic irrigation system. 11. Identity Feature: Intersections of all collector streets and major thoroughfares shall contain decorative crosswalks constructed of enhanced paving materials, such as brick pavers or specialty concrete with distinct color, finish, and/or texture, to provide an aesthetic identity feature throughout this Planned Development District. 12. Entry features, for the non-residential as well as the residential portions of this Planned Development District shall be permitted along S.H. 121, on Palge Road as well as adjacent to the residential subdivisions. The design, materials and placement of these entry features shall be approved by the City Council at the time of site plan approval. I-2 LAND USE SUMMARY THE IBM TRACT THE COLONY, TEXAS TRAC LAND USE GROSS NET T ACRES 1LO.W ACRES A SINGLE FAMILY 181.4 6.1 175.3 B SINGLE FAMILY 95.3 5.2 90.1 B 1 SINGI,E FAMILY 28.9 2.7 26.2 C MULTIFAMTT,Y 31.3 1.3 30.0 D COMMUNITY 44.7 6.0 38.7 FACTT ,TTIES E SINGT ,l~, FAMILY 115.4 10.1 105.3 F SINGLE FAMILY 92.3 5.8 86.5 F1 SHOPPING CENTER 2.6 0.1 2.5 G BUSINESS PARK 84.6 4.7 79.9 H BUSINESS PARK 59.9 5.4 54.5 I BUSINESS PARK 43.5 4.6 38.9 J BUSINESS PARK/IND 30.9 11.7 19.2 K BUSINESS PARK 170.7 32.0 138.7 K1 BUSINESS PARK 6.5 2.5 4.0 L BUSINESS PARK 70.7 5.7 65.0 M MULTIFAMILY 47.3 2.0 45.3 IAND USE TOTAL 1106.0 105.9 1000.1 I-3 LAND USE SUMMARY LAND USE I NET ACREAGE I PERCENT OF TOTAL SINGLE FAMILY 483.4 44% MULTIFAMILY 753 7% BUSINESS 402.8 36% PARK/RETAIL COMMUNITY 38.7 FACII JTIES R.O.W. 105.9 10% TOTAL 1106.0 I 100% 1-4 SECTION H BUSINESS PARK REGULATIONS TRACTS Fl, G, H, I, J, K, K1 AND L 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: Tract Fl: All uses permitted in the GR District Tracts G, H, I, K and Ki: All uses permitted in the B.P. District, and the GR district, subject to the acreage limitation as described in #2. below. Tract J All uses permitted in the I and B.P. Districts, and the GR district, subject to the acreage limitation as described in #2. below. Tract L All uses permitted in the I and B.P. Districts. 2. Limit uses which are permitted in the GR District to the following total amount of land: Tract G: 60% or 50 acres Tract I-I: 25 % or 15 acres Tract I: 25% or i1 acres Tract J: 25% or 8 acres Tract K: 25 % or 42 acres Tract KI: 100% or 6.2 acres 3. Floor Area Ratio: The overall floor area ratio for all tracts shall be a maximum 0.5:1, subject to the following FAR's per type of use: Retail/Commercial: 0.25:1 Office/Warehouse/Light Industrial: 0.35:1 General Office: 0.6:1 4. Floor Area: a. The traffic generated for any combination of uses in each tract shall be limited by the total P.M. peak hour trips allocated to that tract as shown in the following table, subject to the additional provisions of the following paragraphs b, c and d; II-1 MAXIMUM NUMBER OF P.M. TRIPS PERMIIWED PER TRACT NET OF P.M. TRIPS TRACT LAND USES ACRES A* I B* A,B,B1, 513.4 RESIDE~IAL 2,245 1,807 C,E,F F1 2.5 SHOPPING 369 297 CENTER G 79.9 BUSINF_.SS PARK/ 2,060 1,658 H 54.5 BUSINESS PARK/ 1,230 990 RETAIL I 38.9 BUSINESS PARK/ 878 707 RETAIL J 19.2 BUSINESS PARIrd 434 434 INDUSTRIAL/ RETAIL K 137.6 BUSINESS PARK/ 3,548 3,548 RETAIL K1 4.0 BUSINESS PARK/ 129 129 RETAIL L 66.4 BUSINESS PARK/ 1,499 1,499 INDUSTRIAL M 45.0 RESIDENTIAL 441 441 TOTAL ] ] 12,833 I 11,510 * Total trips shown here have been adjusted to reflect pass-by trips for Shopping Center use and internal satisfaction of trips within Business Park uses. 11-2 b. The peak hour trips shown under column B of the above table shall apply until North Colony Boulevard is extended from its current terminus at the railroad to S.H. 121. After this connection is made, or some other approved alternative is implemented, the peak hour trips under column A shall apply. c. It shall be permissible to transfer trips among those tracts north of S.H. 121 and separately among those tracts south of S.H. 121. d. Generated trips for each increment of development shall be computed using the PM total trip generation rate as shown in the most recent edition of Tri~ Generation, as published by the Institute of Transportation Engineers firE). 5. Architectural Design Elements: To assure that all tracts will be designed and constructed in a quality manner with an aesthetic appearance sensitive to overall design goals for this Planned Development, all buildings within any given tract shall be of harmonious design, utilizing compatible styles, materials, color and lighting. 6. Exterior Walls: Masonry materials will constitute a minimum of 80 percent of each exterior wall area excluding doors, windows or window walls. Percentage of masonry will be measured for each expanse of exterior wall between corners of 15 degrees or more. When rear facades are visible from adjoining properties and/or public right of way, they will be of £mished quality and consist of colors and material that blend with the remainder of the building(s) facade. 7. Parkin. g__O_._~_g~.- Parking garages that have frontage on public streets will have architecturally finished facades, complementary to the surrounding buildings. Street front openings in the parking structure will not exceed 55 % of the facade area, this percentage excludes the top floor, if unroofed. Where possible, the narrow facade of the parking structure should be oriented to the street to minimize its visual impact. 8. Service Facilities. Outdoor Storage and Trash Contalner~: Service facilities, outdoor storage areas, as may be allowed, and trash containers shall be screened from the remainder of the site area, adjacent land uses, and publicly dedicated streets. 9. ~ Outdoor display of merchandise by retailers shall be allowed if such display is contained within an area that is surrounded by an architectural extension of the main retail building facade, or without being contained, the outdoor display of merchandise shall be limited to being permitted during the hours of operation of the retail business. II-3 10. Outdoor Storage and Disolav Area~' Outdoor storage, when permitted will not be located in the front portion of the lot between a public street and the line(s) projected along and beyond the face(s) of the building to the side lot lines. This outdoor storage area shall be screened from view of public streets and adjacent properties. The items being stored shall not exceed the height of the screening element provided. The outdoor storage area will be screened by masonry walls, earthen berms and/or landscaping, including evergreen shrubs, to be used in combination to achieve a minimum screening height of eight (8) feet as measured from the top of adjacent street curbs. Berms, if utilized, will have a maximum slope of 3:1. 11. Antenna and Satellite Dishes: The sizes, heights, colors locations, etc. shall be reviewed by the Architectural Control Committee, and shall be screened, if practical from street R.O.W. and adjacent properties. a. 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. 13. Utilities: 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. 14. Site Screening Materials: Acceptable screening materials include masonry and/or landscaping in combination with masonry fencing, as well as solid landscaped hedges in conjunction with color coated chain link or ornamental metal in combination with masonry pilasters. However, wood fencing as well as metal or wood slats in chain link shall be prohibited screening materials in the non-residential areas of this Planned Development District. 15. Rooftop Mechanical Eoui~ment: All rooftop mechanical equipment shall be screened on all sides with a visual barrier to be installed and maintained at a minimum height above finished grade equal to the height above grade of the highest point on any of the mechanical equipment being screened, e.g. appropriate parapet or individual equipment II-4 screening. Architectural elements such as parapet walls, "mansard" type screen enclosures or other architectural design techniques are acceptable for screening rooftop equipment. Roof-mounted equipment and the inside of the screening devise will be painted or otherwise finished so as to be similar in color of the roof surface in order to minimize the visibility of the equipment and screening devise from overhead views. To the greatest extent possible, roof-mounted equipment will be placed in a linear and/or grid configuration except for normal plumbing vents or flues. 16. Landscaping: A. Site 1 ~ndscaping 1. Minimum Percentage: A minimum percentage of each site will be landscaped, according to the following requirements. Landscaped areas, for the purpose of meeting this requirement, will include all outside plantable ground surface including buffers, parking lot landscaping, and other required landscaped areas. It will not include areas inside buildings or any paved or hard surfaced areas such as walks, drives, parking areas, and hard surfaced recreation areas. All landscaped areas will be planted with trees, shrubs, lawn and/or other living ground cover. a. Industrial and Commercial Sites: A minimum of ten (10) percent of the platted area of each site will be landscaped. b. Office Sites: A minimum of fifteen (15) percent of the platted area of each site will be landscaped. c. Retail Pad Sites: A minimum of seven (7) percent of the platted area of each site will be landscaped. d. Retail Shopping Centers: A minimum of seven (7) of the parking area of each building lot or site area whether separately or jointly owned that visually form a cohesive shopping center. Any required landscaping buffer area may be utilized in the calculation of this percentage. B. Landsca Buffer Area 1. A fifteen (15) foot landscape buffer area will be required adjacent to the right-of-way line of all dedicated streets with R.O.W. of 100 feet or more. 2. A ten (10) foot landscape buffer area will be required adjacent to the right-of way line of all dedicated streets with R.O.W. of less than 100'. II-5 3. L°ts with less than 100' feet of frontage shall have two (2) large trees and one (1) small tree installed in the landscape buffer strip. Lots with more than 100 feet of frontage (or a fraction of 100 feet), shall have one (I) tree per 33 feet of frontage at a ratio of one (1) small tree per two (2) large trees. 4. The trees do not have to be uniformly spaced and may be grouped within the buffer area. C. Buildin~ Pad and Parkin£ Lot Landsca~in~ 1. Quantity and Distribution of Trees a. Retail Uses: ~ One large (1) tree and one (1) small tree for every forty (40) parking spaces to be planted starting 30 feet from the outside edge of the parking lot and evenly dispersed within the parking lot area. b. All Other (non-retail) Uses: One (I) large tree and one (1) small tree for every thirty (30) parking spaces to be planted, starting from the outside edge of the parking lot, distributed such that one (1) tree per twenty (20) spaces is uniformly distributed in the parking lot and the remainder dispersed within the building pad. 2. A minimum of fifty percent (50%) of the length of all parking lots, adjacent will be screened with evergreen shrubs to be planted a minimum of three (3) feet on center and to obtain a minimum height of two (2) feet or landscape earthen berms, or masonry walls or a combination of these. In any event, the screening will be a minimum height of 24 inches. These screenings are allowed to be placed in the buffer areas. 3. If car bumpers overhang the required landscape buffer areas listed below due to the layout of the site the buffer will be expanded two (2) more feet to allow for said overhang. 4. No parking space will be further than fifty (50) feet from any tree. 5. Parking lot islands at the ends of rows will be a minimum of eight (8) feet wide when adjacent to 90° parking. Parking islands shall be an average of eight (8) feet, and a minimum of four (4) feet when adjacent to irregular or angled parking. 11-6 D. Irrieati0n Ail landscaped areas will have fully automated underground irrigation systems. E. Recommended Plant List 1. Large Trees: Pecan Redbud Sweetgum Southern Magnolia Chinese Pistachio (Pistache) Aristocrat Pear Japanese Black Pine (first choice) American Elm Bradford Pear Bald Cypress (second choice) Cedar Elm Live Oak Texas Ash Red Oak Bur Oak Chinese Tallow (will freeze but grows 6' to 8' per year) Austrian Pine (especially good for mass screening) Eastern Red Cedar 2. Small Trees: Yaupon Holly Mexican Plum Crape Myrtle Possum Haw Purple Plum Cherry Laurel Washington Hawthorne Nellie R. Stevens Holly Wax Myrtle in tree form 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Holly Waxleaf Ligustrum (will freeze) Abelia Elaeagnus 4. Ground Cover: Asian 3asmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vin~a II-7 5. Prohibited Trees: Silver Maple Haekberry Green Ash Arizona Ash Mulberry Sycamore Willow F. Other Landscape Reouirements 1. 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 planted a minimum of eight (8) feet in height. 2. All required landscape areas will be protected by a monolithic curb and remain free of trash and litter. 3. Landscape areas must be no less than four (4) feet wide and minimum of sixteen (16) square feet in area. 4. Landscape areas twenty (20) square feet or less in total area will be planted in ground cover as defined by this Planned Development. This does not eliminate a required tree in the event the purpose of the area is for a required tree within the parking lot. G. Preservation of Existine Trees The owner will receive a tree credit towards the overall tree requirements based upon the following criteria: 1. The existing trees will be in a healthy, vigorous, growing condition. 2. The area below the drip line will remain undisturbed either by cutting or filing in the development process whenever possible. In the event that this is impractical, other techniques accepted within the landscape community such as tree wells, ventilated pavement, sub-surface drainage fields, etc., may be employed when under the direction of a landscape professional. 3. In order to preserve desirable existing trees which will impact the site the developer will receive only tree credit for preservation of the trees listed in sub-section E. Recommended Plant List or similar species deemed desirable by various recognized tree authorities. a. Tree Credit The owner will receive credit for preservation of existing trees as outlined in the following schedule: Existing Tr~s ~ 1 tree 3"-6" in caliper 1 1 tree 6"-12" in caliper 2 1 tree 12"-15' in caliper 3 Greater than 15" in caliper 4 4. In no event will the credit exceed fifty (50) percent towards the overall tree requirements. b. Replacement of Preservation Trees 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 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. 17. Architectural Control Committee: Prior to the submission to the City for platting, site plan or zoning approval, all submittals shall be approved by the Architectural Control Committee. Written approval with the Architectural Control Committee's comments and recommendations shall be a part of the formal submittal to the City of The Colony. The Developer or Builder shall be responsible for obtaining such approval. II-9 MF-3 MULTI-FAMU,y RESIDENTIAL DISTRICT REGULATIONS TRACTS C AND M 1. ~ The purpose of this district is to provide a defined system to achieve the 50 percent density bonus as provided for in Section 11-300 of The City of The Colony Comprehensive Zoning Ordinance, Chapter 61, having a base density of 14 and a maximum density of up to 21 dwelling units per acre. These multi-family tracts have been located to: provide for a buffer to the railroad tract; allow for the preservation and enhancement of the unique topography and natural vegetation along the eastern edge of this tract by limiting the developable areas, located in close proximity to S.H. 121 for accessibility as well as being in close proximity to the planned employment centers, and ~ finally to provide alternative housing options within the City of The Colony 2. ~ENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the Multi-family - 3 Residential "MF-3" District Regulations as set forth in The City of The Colony Comprehensive Zoning Ordinance, except as specifically provided herein. 3. DENSITY/BONUS SYSTEM: The following bonus system is designed to award increases in density for providing aesthetic amenities in the design of the apartment buildings. The base density shall be 14 dwelling units per acre. By providing a combination of the amenities detailed herein, the density may be increased up to a maximum of 21 dwelling units per acre. A written report by the Architectural Control Committee will be submitted as part of the submittal for a building permit. This report will include the density/bonus calculations, including appropriate site plan(s), elevations, details, and any other information necessary to make the density/bonus determination. A minimum of 2 units per acre density increase must be achieved through site related criteria, i.e. landscaping, screening of parking, inclusion of site features, etc. To receive a density bonus, the architectural elements being counted toward the increase must be provided on each building within the development phase being permitted. Bonus points shall be awarded according to the schedule below; that is, if the following schedule reflects a bonus of 1.50 units/anre, only the full bonus points shall be awarded. No partial bonus (i.e., no percentage of the scheduled bonus value) will be allowed except where points can be accrued incrementally under the criteria below. The Architectural Control Committee may disallow or require modifications to specific architectural bonus items so as to meet the intent for the awarding of the bonus. DENSITY/BONUS CRITERIA: 1. Enhancement of mandatory_ landscape buffers; 3 units/acre increase maximum For enhancing the mandatory landscape buffer strip, i.e., front yard setback, along the entire adjacent public street frontage exclusive of driveways and access ways at points of ingress and egress to the lot. If the landscape buffer strip contains any of the following groups of plant material at a minimum average density of one group for each 50 linear feet of the buffer strip, three (3) dwelling units per acre may be awarded:. (1) One (1) large tree, three (3) small trees, and a berm of a minimum height of three (3) feet; (2) One (I) large tree, three (3) small trees, and shrubs; (3) Five (5) small trees and a berm of a minimum height of three (3) feet; (4) Five (5) small trees and shrubs; (5) Three (3) large trees and a berm of a minimum height of three (3) feet; (6) Three (3) large trees and shrubs. An applicant may preserve certain existing healthy trees within the mandatory landscape strip. For each approved tree retained, a credit of one (1) required tree is awarded. In order to receive this credit, however, the following information must be provided: (1) Identification of all trees for which credits are claimed, indicating their caliper and the species; (2) Location where required trees are not being planted by reason of the credit claimed. 111-2 BUFFER STRIP ENHANCEMENT 2. Meandering public sidewalk: 1.0 unit/acre increase For providing a five (5) foot wide, barrier-free meandering public sidewalk. 3. Screening of surface parking: 2.0 units/acre increase If all surface parking lots on the building site are screened from view from all adjacent public streets. The screening must extend along the entire street frontage of the surface parking lot, exclusive of driveways and access ways at points of ingress and egress to the lot, and visibility triangles. In addition, the following conditions must be met: (1) The screen must be at a minimum height of three (3) feet and may consist of any or all of the following: a. Earthen berm planted with turf grass or ground cover with a slope not to exceed 3:1 (width: height). b. Evergreen shrubs which must provide a solid visual barrier, a minimum of three (3) feet in height within three (3) years of initial planting; c. Retaining wall which must comply with all city standards. III-3 4. Landsca in Li htin : 1.0 unit/acre increase. When the landscaping outlined in 1) above is illuminated with commercial quality, shielded, energy efficient fixtures. 5. Sta ered wall line: 1.0 uniffacre increase. For a minimum four (4) foot offset between the relative front walls of two (2) adjacent units in the same building 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 qualify as an offset area. t 2 UNITS ~ 2 UNITS PORCHES DO NOT QUALIFY~' ONLY THE FRONT B~ 1.0 DU/AC BONUS CREDIT WALL ITSELF STAGGERED FRONT WALL DENSITY BONUS 6. Roof slope: 0.50 unit/acre increase to a maximum of 1.0. If the roof slope is a minimum of 8:12, then 0.50 unit/acre increase, and a 1.0 unit/acre increase for 12:12 roof slope. This roof slope must be provided on a minimum of 80 percent of the footprint projection of the total unit roof areas of each individual structure. III-~ ~ 12:12 SLOPE (1.0 DU/AC BONUS CREDIT) /~+~~-8~I.2.._SLOPE (0.5 DU/AC BONUS CREDIT, ROOF. PITCH DENSITY BONUS } 7. Brick column alon~ front facade or full-height brick chimney: 0.50 unit/acre increase If one (1) two-story brick column is provided for each four (4) unit footprints, with a minimum of two (2) columns per building. If one (1) exterior, full-height chimney, covered with field applied masonry without wood trim, over prefabricated or field erected flues, is provided for every four(4) footprint units (a minimum of two (2) per building). No other chimney construction shall count towards this bonus calculation. FULL HEIGHT BRICK CHIMNEY- NO WOOD TRIM OR 2 STORY TALL BRICK .COLUMN FOR EACH .4 UNIT BUILDING ~.5 DU/AC BONUS CREDIT BRICK COLUMN OR BRICK ,CHIMNEY DENSITY BONUS III-5 8. Private balcony with roof: .50 unit/acre increase If each second floor and third floor unit is provided with a private balcony a minimum of 32 square feet in size and each balcony has a roof of the same materials as the roof of the main structure and a slope of at least 4: 12. 9. Windows: .50 unit/acre increase If 50 percent of the windows are multi-paned and curvilinear, arched, and/or are enhanced with shutters or similar treatment or of a greenhouse style or any combination of the above. 10. parking: 2.0 unit/acre increase If a minimum of 50 percent of the required parking is located within or under the main structure, and is not visible from property lines through the provision of garage doors and/or grade separations, landscaping, berming, or other acceptable screening technique. i1. Architectural setbacks for three-story structures: I:0 unit/acre increase 1.0 DU/AC BONUS CREDIT CONDITIONED SPACE ARCHITECTURAL SETBACK DENSITY BONUS If the square footage of the second floor is a maximum of 90 percent of the square footage of the first floor and the square footage of the third floor is a maximum of 70 percent of the square footage of the first floor. III-6 12. ~ 0.5 unit/acre increase If 60 percent of the units contain a projected solarium/greenhouse elevation element constructed of materials which have smooth translucent tinted glazing (i.e., glass or plexiglass). 13. Unit Volume: 0.5 unit/acre increase When 30 percent of the units have a interior volume which equals or exceeds 8.5 times the floor area. 14. On-Site Amenities: 0.5 unit/acre increase If a minimum of 33 percent of the units are located within 100 feet of a water feature, such as a fountain, ponds (excluding swimming pools), heavily wooded creek areas, etc. AMENITY UNIT/ACRE BONI..IS Enhancement Buffer strip 3.0 Meandering Sidewalk 1.0 Landscape lighting 1.0 Staggered wall line 1.0 Roof slope 1.0 maximum Brick column 0.5 Brick chimney 0.5 Private balcony with roof 0.5 Window treatments 1.0 Parking within structure 2.0 Architectural setbacks 1.0 Solarium/greenhouse 0.5 Unit Volumes 0.5 On-Site Amenity 0.5 NOTE: Bonus point values can be earned only in accordance with the above schedule. The total maximum points achievable (14) exceeds the maximum points (7) which will actually be awarded. ]111-7 REQUIRF~D SPECIAL PROVISIONS 1. Landscape Buffer Strip: A minimum of 15 feet, exclusive of the parkway, shall be provided along all street frontages with right-of-way of 100 feet or more and 10 feet on streets with less than 100 foot right-of-way. 2. Building Placement: Where three (3) or more buildings are within i00 feet of the street right-of-way and have a footprint greater than four (4) units, one-third of these buildings must 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. 3. 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. 4. Caxports: In the event that carports are constructed, these structures shall not be located paraliel to and adjacent to the street frontages. However, they may be constructed perpendicular to the street, parallel to the building. Any ca~rt 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). 5. Masonry Requirements: When main buildings are two stories or less, 75 % of the entire main structure shall constructed of brick, tiles, 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, cement, stone, or similar materials. 111-8 SECTION IV SINGLE FAMILY REGULATIONS TRACTS A B. B1, E AND F 1. Unless otherwise set out specifically herein, the regulations of Sections 10,11, 12, 13, 14, 15 and 18 of the city of the Colony Comprehensive Zoning Ordinance, Chapter 61, shall apply as appropriate to the areas designated for Single Family (SF) District Classifications. 2. Minimum Masonry_ Exterior: Shall conform to the Colony Comprehensive Zoning Ordinance, as amended. 3. Screening and Landscaping: It is the intent of the Developer to utilize a soft, natural design approach to screening the edges of the residential areas, such as earthen berms with landscaping, in order to minimize the use of walls and fences. However, where more traditional fencing is necessary due to lotting patterns, additional landscape treatment and architectural quality controls on materials, colors, heights, setbacks, etc. will be incorporated by the Developer. 4. ~ A minimum of two (2) trees, a minimum (2D caliper, shall be provided in the front yard of all single family residential lots. Yards adjacent to streets shall be turfed with hydromulch or sod. An acceptable means of soil erosion in the rear or side yards shall be provided. 5. P kin R uir ment · A minimum of a two-car garage shall be provided on-site for each dwelling unit. Where front entry units are permitted, garage openings shall not face the streets, except on corner lots. All required parking must be behind all required setback lines. 6. Minimum House and Lot Sizes: Tract A Base Zoning - SF - 4 minimum house size: 1,650 square feet. minimum lot size: A maximum of 75% of the lots may be 7,000 square feet, while at least 25% shall be 7,200 square feet or larger. Tracts B and Bi - Base Zoning - SF-3 minimum house size: A maximum of 25 % of the houses may be a minimum of 1,700 square feet, and a maximum of 80% may be a minimum of 1,900 square feet, while 100% may be 2,000 square feet or larger. minimum lot size: A maximum of 50% of the lots may be a minimum of 7,500 square feet, while 100% may be 8,000 square feet or larger. Tract F - Base Zoning - SF-4 minimum house size: 1,650 square feet minimum lot size: 7,000 square feet. Tract E - Base Zoning - SF-3 minimum house size: A maximum of 30% of the houses may be a minimum of 2,000 square feet, and a maximum of 80% may be a minimum of 2,200 square feet, while 100% may be 2,400 square feet or larger. minimum lot size: A maximum of 80% of the lots may be a minimum of 8,000 square feet, while 100% may be 8,400 square feet or larger. IV-2 COM34T/N1TY FACILrrlF~ TRACT D The purpose of this district is to provide for educational, recreational and municipal utility facilities to enhance the quality of life as well as to serve the welfare of the community. 1. ~ The uses in this tract shall be limited to: Public schools Parks ~ Water Tower, and Single Family Homes 2. Al~tL~ff, ggl~ The Area regulations shall be based on the SF-3 District regulations with appropriate height and setback provisions as provided for in the City of the Colony Comprehensive Zoning Ordinance, Chapter 61. 3. ~P~l~l~Alip/~a~ Prior to the issuance of a building permit, a site plan shall be approved by the Planning Commission and the City Council based on applicable zoning requirements as well as the criteria of the Lewisville Independent School District. 4. Single Family Develooment Standards: If the property is developed with any single family uses the minimum lot area is 7,500 sq. ft. and the house size is 2,200 sq. ft. 5. Park and Water Tower Site Dedication: Prior to the issuance of a building permit for any residential uses that exceeds 500 units for this Planned Development District, the property owner shall provide public access to and dedicate to the City of The Colony 20.2 gross acres (R.O.W. included) for a neighborhood park and a water tower. This dedication is subject to the City of The Colony approval. 6. ~ The property owner of Tract D shall work with L.I.S.D. for the acquisition of an elementary school and a middle school, (25 gross acres ) as well as the provision of public access to these facilities. V-I