HomeMy WebLinkAboutOrdinance No. 850 ORIGINAL
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 HEREIN; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM AGRICULTURAL TO PD~ PLANNED DEVELOPMENT
DISTRICTWITH SINGLE-FAMILY CLASSIFICATION~ IN ACCORDANCE
WITH THE EXHIBIT A~I~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 COMMITYED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, application was rnacl¢ to amend the official Zoning District Map of the
City of The Colony, Texas (the "City") by malting application for the same with the Planning
and Zoning Commission of the City of The Colony, Texas, as required by State statutes and
the Zoning Ordinance of the City and all the legal eqmrcments, conditions and
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prerequisites having been conqplied with, the case having come before the City Council of
the City of Thc Colony, Texas; and
WHEREAS, the City Council of the City of Thc 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 prociucing elements and glare of vehicular and
stationary lights ad effect of such lights on the character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property;
street size and adequacy of width for traffic reasonably expected to be generated by thc
proposed use; effect on thc 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 Owner of the property made the subject of this Ordinance and
described in Exhibit "A" (Revised June 15, 1994) attached hereto, as a result of the increase
in population which will result from the development of the property and the consequent
increase in traffic and the congestion resulting therefrom, has, as a condition to development
of the property pursuant to this Ordinance, agreed to pay the cost of redesigning, exclusive
of rights-of-way costs, the intersection of North Colony Boulevard and Farm to Market 423,
conditioned upon reconstruction of said intersection being completed prior to
commencement of development; 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 ge~eral 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
WItEREAS, 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
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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 a tract land being approximately 193.476 acres of
land generally located west of Etheridge Drive, South of North Colony
Boulevard and North of Stewart Creek Park, The Colony, Denton County,
Texas and more particularly described in Exhibit "A" (Revised June 15, 1994)
attached hereto and incorporated herein for all purposes, which, in
accordance with the Comprehensive Zoning Ordinance, as amended, is
presently zoned A, Agricultural District, is changed to PD, Planned
Development District for SF Single Family Dwelling District uses in
accordance with the requirements set forth in the conceptual development
plan attached hereto and incorporated herein in Exhibit "A" (Revised June 15,
1994), and with the specific requirements contained in this ordinance, and
with the comprehensive site plan of the development.
Section 3. That the herein described property shall be used in the manner for the
purpose provided by the Comprehensive Zoning Ordinance as amended herein by the
granting of this planned development.
Section 4. That a development plan and site plan which shall be in conformity with
the conceptual development plan shown in Exhibit "A" (Revised June 15, 1994) shall be
submitted by the Owner and Developer as required by the Comprehensive Zoning
Ordinance, shall be approved or disapproved in accordance with the procedures set forth
in the Comprehensive Zoning Ordinance and shall be filed, approved and made a part of
this ordinance prior to the issuance of any building permit in this PD, Planned Development
District.
Section 5. That, as a result of the increase in population which will result from the
development of the property described in Exhibit "A" (Revised June 15, 1994) and the
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consequent increase in traffic, the Owner has agreed to pay the cost of redesigning, exclusive
of fight-of-way costs, the intersection of North Colony Boulevard and Farm to Market 423
conditioned upon reconstruction of said intersection being completed prior to
commencement of development; and
Section 6. That all development on the property described in the attached Exhibit "A"
(Revised June 15, 1994) and made the subject of this ordinance shall be in accordance with
those standards and regulations set forth in Exhibit "A" (Revised June 15, 1994) attached
hereto and incorporated herein for all purposes.
Section 7. That the development of the single family detached dwellings in all
Sections indicated on the conceptual development plan attached hereto in Exhibit "A"
(Revised June 15, 1994) shall be in accordance with the regulations set forth in Exhibit "A"
(Revised June 15, 1994), attached hereto and incorporated herein for all purposes.
Section 8. 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 9. 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 10. That in all other respects of the tract or tracts of land herein-above
described shah be subject to all applicable regulations contained in the Comprehensive
Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City.
Section 11. 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 /ts peculiar suitability for the
particular uses and with a view of conserving the value of bnildings and encouraging the
most appropriate use of land throughout the community.
Section 12. 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
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instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
Section 13. 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 wou. 1 .d have passed such remaining portions of the ordinance despite such invalidity, which
remmmng portions shall remain in full force and effect.
Section 14. 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 15. 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
pnhlication as provided by law, and it is accordingly so ordained.
PAS, SED AND &pPROVED by the City Council of the City of The Colony, Texas this
the ~4q' day of ~ , 1994.
ATrEST: William w. Mannin~~
Patti A. Hicks, TRMC, City Secretary
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THE COMPLETE DOCUMENT IS ON FILE ZN CENTRAL RECORDS
STEWART PENINSULA
PLANNED DEVELOPMENT
193.476 ACRES
THE COLONY, TEXAS
PREPARED BY
Corer- lift,jess
ENGINEERS * PLANNERS * SURVE YORS
7950 ELMBROOK DRIVE, SUITE 250
DALLAS, TEXAS 75247
DEVELOPMENT CONCEPT
Stewart Peninsula is the jewel of the lakefront properties located in The Colony. We have
- carefully studied other Master-Planned communities and have arrived at what, we believe,
is a comprehensive plan for development of this very important expansion of the city.
The most basio statement of our concept is to provide homeowners with substantial
amenities and recreational possibilities. From the network of hike and bike trails carefully
planned to limit the schoolchildren's exposure to high traffic corridors - to improved
access and improvements for Stewart Creek Park, all aspects of Stewart Peninsula have
been exhaustively studied and will result in landscaped roadways and trails that will
enhance this lovely community.
The lake and its impact on the city will be fully realized within our concept. The Colony
is a mature city with a need for diverse products.
We have found in talking with builders in other Master-Planned communities that the
demand trend is for larger homes with less yard to care for. While we will plan for this
segment of the market, some of the lots near the lake will encompass one-half acre or
more while the overall average minimum square footage of homes will be approximately
1700 square feet. Overall density of the previously approved Planned Development was
4.24 dwelling units per acre (870 units). We have reduced the density cap of Stewart
Peninsula to only 3.88 dwelling units per acre (750 units).
The wide array of home products will be augmented by parks, jogging trails, landscaped
medians, school bike paths, a community center and cuwillnear roads, creating a
strastscape with a pleasant look and feel for the residents. We have planned for large
homes throughout, and where we have secluded and relatively steep topography, we are
providing for upscale split-level, lake access single-family attached units.
Stewart Peninsula, a special community within The Colony.
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PROJECT DESCRIPTIOI~
This proposed Planned Development is a 193.476 acre site out of the Patrick O'Lea~/Surveys
(Abstracts 244 and 978), the B.B.B. & C. R.R. Survey (Abstract 181), and the R.G. Dunlap
Sunmy (Abstract 352). The project is located in the City of The Colony in Denton County,
Texas. Access to the site presently exists from North Colony Boulevard west of the North
colony Boulevard and F.M. 423 intersection.
The purpose for this proposed Planned Development is to allow single family residential
housing, subject to the development concept plan, development standards, and density transfer
guidelines described herein, within a framework of preserved open space and trail system.
93314201.M10
PROJECT LOCATION
The site is located on the weetem side of The Colony, Tees at lhe west end of North Colony
Boulevard. It is bounded by U.S. Army Corps of Engineers land to the south and west and
single-family developments, The Colony No. 28 and No. 29 to the east, and the Beach and
Tennis Club Addition to the north.
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Vicinity map
EXISTING ZONING AND LAND USES
EXISTING ZONING
The majority of the site (193.476 acres) has reverted to "A" Agriculture in The City of ~e Colony
due to the expiration of the Planned Development Ordinance once in place. A 40 acre parcel
known as Southehore was recently zoned SF-4 with restriction and will now be incorporated into
the overall Planned Development for Stewart Peninsula.
The surrounding zoning consist of The Colony No. 28 and No. 29. The Colony No. 29 is a
Planned Development while The Colony No. 28 is a straight single family zoning.
IDGSTING LAND USES
The property is presently open pasture land. The surrounding land uses consist of undeveloped
Corps of Engineers property to the south and the west, on part of which lies Stewart Creek
Park. Single Family residential borders the property to the east (Colony No. 28 and No. 29),
and the Beach and Tennis Club Addition (outside of the City) borders the property to the north.
An out parcel of residential potential lies west approximately mid-property.
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LEGAL DESCRIPTION
Being a tract or parcet of land situated in the B.B.B & C. R.R. SURVEY, Ab~ct Number 181,
the SAMUEL CHOWNING SURVEY, Abstract Number 244, the R.G. DUNLOP SURVEY, Abbr..ct
Number 352, an~l the PATRICK O' LEARY SURVEY, Abstract Number 978, in the City of THE
COLONY, DENTON County, Texas and being more particularly described as follows;
BEGINNING at a iron rod set in the south fight of way of North Colony Blvd and the center line
of Ethrldge Drive;
THENCE N 88'49'30' E, 1024.23 feet;
THENCE $ 00°41'55- E, 194.62 feet;
[] THENCE S 51°27'25' W, 478.29 feet;
THENCE S 20°34'25- W, 301.20 feet;
THENCE S 56'19'55' W, 515.68 feet;
THENCE N 00°42'05' W, 425.66 feet;
THENCE S 46°58'56- W, 573.86 feet;
[] THENCE S 56°54'15' W, 621.98 feet;
THENCE $ 53°43'15- W, 178.81 feet;
THENCE N 04°02'15- W, 275.45 feet;
THENCE N 0~°57'05· W, 644.77 feet;
THENCE S 85°37'25' W, 425.01 feet;
THENCE S 07*56'25' W, 495.05 feet;
THENCE S 47'01'55' W, 1055.13 feet;
THENCE S 86°01'55' W, 500.02 feet;
~ THENCE N 63o51'05· W, 290.29 feet;
i THENCE N 17'26'55' E, 1970.82 feet;
THENCE N 89°34'38' E, 1401.89 feet;
I THENCE N 01'35'41' W, 1588.07 feet;
~ THENCE S 56°23'34' W, 1081.41 feet;
THENCE N 88*22'57' W, 269.04 feet;
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THENCE N 02'08'12' E, 175.32 feet;
THENCE N 29'11'09' E, 506.31 feet;
THENCE N 4T'30'15' E, 721.86 feet;
THENCE S 72°10'00- E, 62.18 feet;
THENCE N 53°07'29- E, 257.17 feet;
THENCE N 08°00'50- W, 96.10 feet;
THENCE N 47'30'15' E, 80.46 feet;
THENCE N 88°33'00· E, 264.31 feet;
THENCE S 00°23'30. E, 40.00 feet;
THENCE N 88°33'00· E, 973.42 feet;
THENCE S 00°23'30· E, 177.27 feet;
THENCE S 89°36'30' W, 30.00 feet;
THENCE S 09°53'00' E, 314.65 feet;
THENCE N 89°02'30- E, 16.31 feet;
THENCE S 01°44'00· E, 1752.70 feet, to the beginning of a tangent curve to the left, having
a central angle of 90°00'00', a radius of 310.00 feet, a tangent length of 310.00
feet, and a chord bearing of S 43°16'00" W, with a chord length of 438.41 feet;
THENCE an arc length of 486.95 feet along said tangent curve;
THENCE S 01°44'00· E, 100.00 feet;
THENCE S 88°16'00- W, 500.00 feet;
THENCE S 01°44'00- E, 512.78 feet, to the beginning of a non-tangent curve to the right,
having a central angle of 22°40'0g', a radius of 800.00 feet, a tangent length of
160.36 feet, and a chord bearing of N 77'29'25' E, with a chord length of 314.46
feet;
THENCE an arc length of 316.52 feet along said non-tangent curve;
THENCE N 88°49'30· E, 500.57 feet;
THENCE S 01°44'00- E, 39.25 feet, to the POINT OF BEGINNING, containing 193.357 Acres
(8,422,647 square feet) of land, more or less.
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