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HomeMy WebLinkAboutOrdinance No. 97-961 ORIGINAL PLANNING DEPARTMENT PLANNED DEVELOPMENT NO. 13 City of The Colony DEVELOPMENT NAME: The Legends O INANCE NUmER q7- % I AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND AMENDING PLANNED DEVELOPMENT NUMBER 9 AS ESTABLISHED BY ORDINANCE NUMBER 862 ON OCTOBER 17, 1994; AND CREATING A NEW PLANNED DEVELOPMENT NUMBER 11~, PROVIDING FOR SINGLE FAMII.Y RESIDENTIAL USES UPON PROPERTY LOCATED NORTH AND SOUTH OF S. COLONY BOULEVARD, BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 20th day of January, 1997, the Planning and Zoning Commission did consider and make recommendations on a certain request for a Planned Development District (Case No. 01-97Z2). WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan of the City of The Colony, as amended; WHEREAS, the City Council, atter determining all legal requirements of notice and hearing have been met, has fia'ther 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 9 is hereby amended and Planned Development No. 13 is hereby established for a certain 456.698 acre tract of land located on the north and south sides of S. Colony Boulevard, between Paige Road and the Burlington Northern Railroad, situated in B.B.B & C.R.R. Surveys, Abstract No. 172, 173, 174, the William A. Bridges Survey, Abstract No. 112 and the R.P. Hardin Survey, Abstract No. 611, Denton County, Texas, and more specifically described on the attached Exhibit A; providing for the following uses and that development shall be in accordance with the following special conditions, restrictions and regulations: 01.95.0g/pform/O 197Z2 Page 1 A. GENERAL SINGLE FAMILY DEVELOPMENT REGULATIONS · 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. · Minimum Masonry_ Exterior: All exterior walls on all buildings shall have a minimum masonry exterior of fifty (50%) percent, except for windows and doors; seventy-five (75%) percent first floor. · Screening and Landscaping: A soft and 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 shall be required. · Lot Landscaping: A minimum of two (2), two (2) inch caliper trees, shall be provided in the fi-ont yard of all single family residential lots. Yards adjacent to streets shall be tufted with hydromulch or sod. An acceptable means of soil erosion in the rear or side yards shall be provided. · Image and Themin_~: Landscaping throughout the development shall include the use of similar materials and products to create a consistent image and level of quality. This will be reflected in primary entry areas, secondary entry points, amenity centers and throughout the development with special identifiers and signage. B. SINGLE FAMII,Y LOT STANDARDS The following development standards shall apply to the designated tracts shown on the Development Plan PARCEL A - Tract I (72.09 acres) The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Fifteen hundred (1,500) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. 01.95.0g/pform/O 197Z2 Page 2 Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulation~ Typical Lot Size: Sixty-five (65) foot width by one hundred and ten (110) foot depth. Minimum Lot Area: Seven thousand (7,000) square feet. Minimum Lot Width: Sixty (60) feet at the front building line except where the front building line is on a curve or cul-de-sac in which case the minimum shall be to fifty-five (55) feet. Minimum Lot Depth: One hundred feet except where the front building line is on a curve or a cul-de-sac in which case the minimum shall be ninety-five (95) feet. Minimum Front Yard: Twenty (20) feet. Minimum Side Yard: Five (5) feet except for comer lots which shall have a minimum side yard of ten (10) feet. Minimum Rear Yard: Twenty (20) feet. Maximum Lot Coverage: Fifty percent (50%). Garages: Two (2) car garage capacity. Parking: Two (2) spaces for each dwelling unit. PARCEL A - Tract 2 (42.36 acres) The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Seventeen hundred (1,700) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. 01.95.08/pform/O 197Z2 Page 3 Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulations Typical Lot Size: Seventy-five (75) foot width by one hundred and twenty (120) foot depth. Minimum Lot Area: Nine thousand (9,000) square feet. Minimum Lot Width: Seventy (70) feet at the front building line except where the front building line is on a curve or cul-de-sac in which case the minimum shall be sixty-five (65) feet. Minimum Lot Depth: One hundred (100) feet except where the front building line is on a curve or a cul-de-sac in which case the minimum shall be ninety-five (95) feet. Minimum Front Yard: Twenty-five (25) feet. Minimum Side Yard: Seven and one half (7.5) feet except for comer lots adjacent to residential streets which shall have a minimum side yard of ten (10) feet. 1Vfmimum Rear Yard: Twenty (20) feet. Maximum Lot Coverage: Fifty percent (50%). Garages: Two (2) car garage capacity. Parking: Two (2) spaces for each dwelling unit. PARCEL B - Tract 1 (73.58 acres) The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Fourteen hundred (1,400) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or accessory buildings not used for dwelling purposes. A 0 I. 95.0g/pform/0197Z2 Page 4 maximum of twenty-five (25%) percent of the lots shall be developed with dwelling units under 1,500 square feet. Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulations Typical Lot Size: Fi~y (50) foot width by one-hundred and ten (110) foot depth. Minimum Lot Area: Five thousand five hundred (5,500) square feet.. Minimum Lot Width: Fitty (50) feet at the fi.out building line except where the front building line is on a curve or cul-de-sac in which case the minimum shall be forty-five (45) feet. Minimum Lot Depth: One hundred (100) feet except where the front building line is on a curve or a cul-de-sac in which case the minimum shall be ninety-five (95) feet. Minimum Front Yard: Twenty (20) feet. Minimum Side Yard: Five (5) feet if building centered, or ten (10) feet between houses if zero lot line except for comer lots adjacent to residential streets which shall have a minimum side yard of ten (10) f~%~t. Minimum Rear Yard: Twenty (20) feet. Maximum Lot Coverage: Fif~ percent (50%). Garages: Two (2) car garage capacity. Parking: Two (2) spaces for each dwelling unit. PARCEL B - Tract 2 (134.29 acres) The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. 01.95.0g/pform/O 197Z2 Page 5 Fifteen hundred (1,500) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulations Typical Lot Size: Sixty-five (65) foot width by one-hundred and ten (110) foot depth. Minimum Lot Area: Seven thousand (7,000) square feet. Minimum Lot Width: Sixty (60) feet at the front building line except where the front building line is on a curve or cul-de-sac in which case the minimum shall be fifty-five (55) feet. Minimum Lot Depth: One hundred (100) feet except where the front building line is on a curve or cul-de-sac in which case the minimum shall be ninety-five (95) feet. Minimum Front Yard: Twenty (20) feet. bfmimum Side Yard: Five (5) feet except for comer lots adjacent to residential streets which shall have a minimum side yard often (10) feet. Minimum Rear Yard: Twenty (20) feet. Maximum Lot Coverage: Fifty-five percent (50%). Garages: Two (2) car garage capacity. Parking: Two (2) spaces for each dwelling unit. 01.95.0g/pform/0197Z2 Page 6 PARCEL C - Tract I (60.22 acres) The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Fourteen hundred (1,400) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. A maximum of twenty-five (25%) percent of the lots shall be developed with dwelling units under 1,500 square feet. Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulation~ Typical Lot Size: Fifty (50) foot width by one hundred and ten (110) foot depth. 1Wmimum Lot Area: Fifty-five hundred (5,500) square feet. Minimum Lot Width: Fifty (50) feet at the front building line except where the front building line is on a curve or cul-de-sac in which case the minimum shall be forty-five (45) feet. Minimum Lot Depth: One hundred (100) feet except where the front building line is on a curve or a cul-de-sac in which case the minimum shall be ninety-five (95) feet. Minimum Front Yard: Twenty (20) feet. lVIinimum Side Yard: Five (5) feet except for comer lots adjacent to residential streets which shall have a minimum side yard of ten (10) feet. Minimum Rear Yard: Twenty (20) feet. Maximum Lot Coverage: Fifty percent (50%). Garages: Two (2) car garage capacity. Parking: Two (2) spaces for each dwelling unit. 01.95.0g/pform/0197Z2 Page 7 PARCEL C - Tract 2 (34.17 acres) Permitted Uses ' The permitted uses shall comply with those uses identified for the Single Family Districts in the City of The Colony Code Book. Thirteen hundred (1,300) square foot minimum for the main building exclusive of breezeways, garages, patios, accessory spaces or attached accessory buildings not used for dwelling purposes. Two (2) stories with a maximum height of thirty-five (35) feet. Area Regulations Typical Lot Size: Forty (40) ,foot width by one hundred and ten (110) foot depth. Minimum Lot Area: Four thousand four hundred (4,400) square feet. Minimum Lot Width: Forty (40) feet at the fi.om building line except where the fi.om building line is on a curve or cul-de-sac in which case the minimum may be reduced to thirty-five (35) feet. Minimum Lot Depth: One hundred (100) feet except where the fi'ont building line is on a curve or cul-de-sac in which ease the minimum may be reduced to ninety-five (95) feet. Minimum From Yard: Twenty (20) feet. Minimum Side Yard: Five (5) feet if building centered, or ten (10) feet between houses if zero lot line except for comer lots adjacent to residential streets which shall have a minimum side yard often (10) feet. Minimum Rear Yard: Twenty (20) feet. Garages: Two (2) car garage capacity. 01.95.0g/pform/0197Z2 Page 8 Maximum Lot Coverage: Fifty-five percent (50%). Parking: Two (2) spaces for each dwelling unit. C. DENSITY TRANSFER The ability to transfer density throughout the duration of this project is inherent in the flexibility of this Planned Development District. Flexibility is important as market conditions change, tracts are adjusted at platting, and the open space areas are calculated. A tract within this project may be developed in a less dense manner fi.the market shifts and a less dense product is more desirable. The developer may then transfer this loss in density to another part of the project and be compensated for the previous loss as long as the overall project density cap remains the same and the transfer of density does not alter the location and classification of the designated minimum lot sizes as indicated on the concept plan. At the time of preliminary plat submittal a usage table will be included on the plat which describes the tract's land use, acreage, density, and cumulative total of the overall P.D. lot count relative to the allowable overall P.D. lot count which relates to the density cap. The total number of dwelling units for the entire Planned Development shall not exceed a ! 756 ~ based on the gross acreage of the entire tract or 1756 dwelling units + 439 acres = 4.0 dwelling units per acre for the entire project. Should additional tracts of land adjacent to the property be added to this Planned Development, thereby increasing the overall gross acreage and the overall total dwelling unit cap, it will be processed through the standard City of The Colony zoning process. Section 2. That development shall be in conformance with the Concept and Development Plan, attached hereto as Exhibit B. Section 3. That development shall be in accordance with the following special conditions, restrictions, and regulations. 1. Provide pedestrian access and vehicular access for neighborhood residents to the community facility tract. 01.95.0g/pform/0197Z2 Page 9 2. The following densities (in units per acre or FAR) shall apply to the subject property: P_lr.c..e..l~ Land Use Density A-C/I&2 S.F. 4.0 du/ac D Park/Cem. E Multi-Family 22.0 du/ac F Business Park 0.30:1 FAR G, H Business Park 0.32:1 FAR I Business Park 0.50:1 FAR 3. Access to individual tracts shall be limited to those indicated on the Concept Plan. 4. All proposed median openings separations shall be spaced at a minimum of 1,000 feet and shall conform with the city's engineering design standards and/or as required by the city's engineer, based on the location of the median opening in regards to separation, transition and stacking lane lengths. 5. The geometric design standards for meets and driveway access shall include the appropriate fight-of-way section to provide for right and/or left turn only lanes and deceleration and acceleration lanes at all arterial/arterial intersections. 6. The Planning and Zoning Commission may extend the development schedule; attached as Exhibit C, or adopt a new development schedule without any additional public hearing. 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 Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 01.95.0g/pform~ 197Z2 Page 10 Section 6. Severability Clause That the provisions of this ordinance, if held invalid or unconstitutional by a Court of competem 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. That Ordinance No. 862, as amended, shall remain in full force and effect, save and except as amended by this ordinance. Section 8. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 24th day of February, 1997. CITY OF THE COLONY By: Mayor ATTEST: Patti A. Hicks, TRMC City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Samuel D. Chavez "-~""" City Planner 01.95.0g/pform/O 197Z2 Page 11 Exhibit A LEGAL DESCRIPTION BEING a 456.698 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 172, the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, the B.B.B. & C.R.R. Co. Survey, Abstract No. 174. The William A. Bridges Survey, Abstract No. 112 and the R.P. Hardin Survey, Abstract NO. 61 I, Denton County, Texas and being all those certain tracts of land described in deed to International Business Machines Corporation as recorded in Volume 979, Page 458, Volume 979, Page 463, Volume 979, Page 473 and Volume 1009, Page 339 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said 456.698 acre tract being more particularly described by metes and bounds as follows. COMMENCING at ½" iron rod found at the southeast end ora comer clip at the intersection of the north right-of-way line of State Highway 121 (variable width R.O.W.) With the east right-of-way line of Paige Road (100' R.O.W.); THENCE N 64°38'36'' W, 78.86 feet along said comer clip to a point in the east line of Paige Road (100' R.O.W.) a ½" iron rod found for comer; THENCE in a northerly direction with a curve to the right, said curve having a chord bearing of N 40° 15'23" W, a central angle of 10°30'42'' and a radius of 666.20 feet for an arc distance of 122.22 feet along said east line to a ½" iron rod found for comer; THENCE N 00°00'02'' W, 831.55 feet along said east line to a 'A" iron rod found for the POINT OF BEGINNING; THENCE N 00°00'02'' W, 30.00 feet along said east line to a ~" iron rod found for the beginning ora curve to the left; THENCE in a northerly direction with a curve to the left, said curve having a chord bearing of N 09°34'53" W, a central angle of 19°09'50'' and a radius of 870.00 feet for an arc distance of 290.99 feet along said east line to a ½" iron rod found for point of reserve curvature; THENCE in a northerly direction with a non-tangent curve to the right, said curve having a chord bearing of N 09°36'44'' W, a central angle of 18°55'52'' and a radius of 770.00 feet for an are distance of 254.42 feet along said east line to a '/:" iron rod found for comer; THENCE N 00° 13'42" W, 2395.60 feet along said east line to a ½" iron rod set for comer; THENCE departing said east line of Paige Road (100' R.O.W.) N 89 ° 46' 18" E, 619.11 feet to a 'A" iron rod set for comer; THENCE N 00°33'48'' E, 671.02 feet to a ½" iron rod found for comer; THENCE N 89°40'I0" W, 371.29 feet to point in the east line of The Colony Bank Addition and a ½" iron rod found for comer; 96217401 .M06 November 11, 1996 THENCE N 00° 13'12" W, 1250.96 feet along the east line and along the east line of The Colony Bank No. To a point in the east line of Paige Road, ~" iron rod found for corner; THENCE in a northerly direction with a non-tangent curve to the left, said curve having a chord bearing of N 09°22'17'' E, a central angle of 19°10'15'' and a radius of 901.23 feet for an arc distance of 301.23 feet, for an arc distance of 301.55 feet along said east line to a ½"'iron rod found for comer; TI-~NCE N 00° 12'35" W, 392.25 feet to a "X" cut found for corner; TI-IENCE N 89°42'54'' E, 611.63 feet to a ¼" iron rod found for corner; THENCE N 00°07'41'' W, 794.41 feet to a ½" iron rod found in the south line of The Colony Addition No. I 1 Addition; TI-~NCE S 89°49'17'' E, 1540.87 feet along the south line of The Colony No. 11 and the south line of The Colony No. 22 to a ½" iron rod found for corner; THENCE S 89°49'09" E, 1522.42 feet along said south line of Northpointe Phase I Addition to a ½" iron rod found for corner; THENCE S 89°36'39'' E, 1117.79 feet along said south line of Northpointe Phase 1 Addition to a ½" iron rod found for corner;, Tt-IENCE S 02°36'00'' W, 37.78 feet along said south line to a ½" iron rod found for corner; TH~ENCE S 89 °44'13" E, 914.29 feet along said south line to a point in the west line of the Burlington Northern Railroad (100' R.O.W.) and a ~" iron rod found for corner; THENCE in a southerly direction with a non-tangent curve to the left, said curve having a chord bearing of S 01 °33'44" W, a central angle of 16°01'17'' and a radius of 2814.16 feet for an arc distance of 786.91 feet along said west line to a ~" iron rod found for corner; THENCE S 06°27'15'' E, 1192.97 feet along said west line to a ½" iron rod set for corner; THtiNCE Southwesterly along the proposed center line of Memorial Drive the following courses; S 83°32'45" W, 339.03 feet to a ½" iron rod set for the point of curvature of a curve to the left; Southwesterly along said curve having a chord bearing of S 64° 10'27" W, a central angle of 38°44'36'' and a radius of 1390.00 feet for an arc distance of 939.92 feet to a ¼" iron rod found for corner; S 44°48'09'' W, 527.64 feet to a ½" iron rod set for the point of curvature of a curve to the right; Southwesterly along said curve having a chord bearing of S 57°27'45'' W, a central angle of 25° 19'12" and a radius of 1390.00 feet for an arc distance of 614.27 feet to a V=" iron rod set for corner; 96217401 .M06 November il, 1996 S 70°07'22" W, 122.05 feet to a ~" iron rod set for corner; THENCE in a northerly direction with the center line of proposed Morning Star Drive along a non- tangent curve to the right, said curve having a chord bearing of N 06°08'29" W, a central angle of 12°38'43" and a radius of 5730.00 feet for an arc distance of 1264.62 to a ~" iron rod set for corner; THENCE N 00° I0'53" E, 51.96 feet to a ~" iron rod found for corner; THENCE N 89°49'07'' W, 267.75 feet to a ½" iron rod set for the point of curvature ora curve to the left; THENCE Southwesterly along said curve having a chord bearing of S 45 °10'53" W, a central angle of 90 ° 00'01" and a radius of 350.00 feet for an arc distance of 549.78 feet to a ½" iron rod set for corner; THENCE S 00° 10'53" W, 330.96 feet to a ½" iron rod set for the point of curvature ora curve to the left; THENCE Southwesterly along said curve having a chord bearing of S 59° 19'12" W, a central angle of 118° 16'38" and a radius of 400.00 feet for'an arc distance of 825.73 feet to a ½" iron rod set for corner;, THENCE N 61 °32'30" W, 272.68 feet to a %" iron rod set for corner; THENCE S 43°45'40" W, 881.23 feet to a ½" iron rod set for corner; THENCE in a southeasterly direction with the center line of proposed South Colony Boulevard along a non-tangent curve to the right, said curve having a chord bearing of S 44° 15'31" E, a central angle of 03°57'39" and a radius of 1390.00 feet for an are distance of 96.09 to a ~" iron rod set for corner; THENCE S 42° 16'41" E, 752.42 feet to a ~A" iron rod set for corner on said proposed center line of Memorial Drive; THENCE along said proposed center line of Memorial Drive the following courses; THENCE in a southeasterly direction with a non-tangent curve to the left, said curve having a chord bearing of S 39 °39'28" W, a central angle of 19 ° 02'03" and a radius of 3820.00 feet for an arc distance of 1269.04 to a ¼" iron rod set for corner; S 30°08'27" W, 750.31 feet to a ~" iron rod set for the point of curvature ora curve to the right; Southwesterly along said curve having a chord bearing of S 55°04' 14" W, a central angle of 49°51 '33" and a radius of 1390.00 feet for an arc distance of 1209.59 feet to a ~" iron rod set for corner; S 80°00'00" W, 82.30 feet to the POINT OF BEGINNING and containing 456.698 acres (19,893,765 square feet) of land, more or less. 96217401 .M06 November l 1, 1996 Exhibit C PRELIMINARY DEVELOPMENT SCHEDULE 75' x 120' 46 46 37 0 0 0 0 0 typical 65' x 1 Iff 114 126 115 100 118 112 61 67 typical 50' x 1 Iff 106 129 122 94 92 83 0 0 typical 40' x I 1 O' 0 69 46 73 0 0 0 0 typical TOTAL 266 370 320 267 210 195 61 67 Morningstar 2 - East 2 - West Lanes (N. Lanes (N. Prop. Line Prop. Line to to S.H. 121 cemetery) Memorial 2 - North 2 - North 2 - North 2 - North Lanes Lanes Lanes Lanes (Adjacent (Adjacent (Adjacent (Adjacent to Phase 2 to Phase 3 to Phase 4 to Phase 8 Dev.) Dev.) Dev.) Dev.) S. Colony 2 - South 2 -North Lanes Lanes (Adjacent (Adjacent to Phase 4 to Phase 5 Dev.) Dev.) Estimated San., 1998 Jan., 2000 Sun., 2001 Oct., 2002 Nov., Jan., 2005 Feb., 2006 Jun., 2006 Completion 2003 Absorption 24 18 16 13 14 13 4 5 (Months) The development schedule outlined above is preliminary and should not be relied on as fact. Market trends and sales shall ultimately determine product type and absorption rate. 96217401 .M09 February 18, 1997