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HomeMy WebLinkAboutOrdinance No. 97-959 PLANNING DEPARTMENT PLANNED DEVELOPMENT NO. 13 City of The Colony DEVELOPMENT NAME Billingsley Property II ORDINANCE NLrMBER q,O~ AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING PLANNED DEVELOPMENT NUMBER 13 ON LAND CURRENTLY ZONED (A) AGRICULTURAL DISTRICT; PROVIDING FOR THE (BP) BUSINESS PARK DISTRICT AND THE (MP-3) MULTIPLE FAMILY RESIDENTIAL DISTRICT UPON PROPERTY GENERALLY LOCATED SOUTH OF 121, NORTH OF F.M. 544, BOUNDED ON THE NORTH BY THE CITY OF THE COLONY, SOUTH BY THE TOWN OF HEBRON, EAST BY THE BURLINGTON NORTHERN RAILROAD AND WEST BY THE CITY OF CARROLLTON; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at a special session 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. 01-97Z3). WHEREAS, the City Council, after determining all legal requirements of notice and hearing have been met, has further determined the following amendment to the zoning laws would provide for and would be in the best interest of the health, safety, morals, and general welfare: NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Planned Development Number 13 is hereby established for a certain 75.1288 acre tract of land located generally south of State Highway 121, north of F.M. 544, bounded on the north by the City of The Colony, south by the Town of Hebron, east by the Burlington Northern Railroad and west by the City of Carrollton, situated in the Samuel H. Brown Survey, Abstract No. 111, the Samuel B. Evans Survey, Abstract No. 397, and the Benjamin Schoonover Survey, Abstract No. 1208, Denton County, Texas, and more specifically described on attached Exhibit A, providing for the following uses; Page I TRACT I Permitted uses shall be all principal and accessory uses which are allowed by right in the (BP) Business Park District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the (BP) Business Park District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. A Special Use Permit shall be required for all uses otherwise requiring a Special Use Permit in the (BP) Business Park District, in accordance with Appendix A, Section l0 of the Comprehensive Zoning Ordinance, as amended. Such Special Use Permit(s) shall be subject to the conditions established in Appendix A, Sections 10-900 and I0-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations. TRACT II Permitted uses shall be all principal and accessory uses which are allowed by right in the (MF- 3) Multiple Family Residential District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the (MF-3) Multiple Family Residential District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. A Special Use Permit shall be required for all uses otherwise requiting a Special Use Permit in the (MF-3) Multiple Family Residential District, in accordance with Appendix A, Section l0 of the Comprehensive Zoning Ordinance, as amended. Such Special Use Permit(s) shall be subject to the conditions established in Appendix A, Sections 10-900 and l 0-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations. Section 2. That development shall be in conformance with the Conceptual Development Plan, attached hereto as Exhibit B. Section 3. That development shall be in accordance with the following special conditions, restrictions, and regulations: Page 2 I. The acreage shown for each tract shall be subject to minor refinements and adjustments at the time of platting based on final placement and design of bounding thoroughfares and/or exact determination of buildable areas. 2. A development plan shall be submitted and considered for,approval by the City Council for each tract and shall be made an exhibit to this ordinance. 3. The developer will be responsible for the construction of all roads, thoroughfares and infrastructure to serve the site. 4. Lighting: Exterior lighting fixtures, whether attached to a building and/or free standing shall be of harmonious design on all buildings either individually or jointly owned within abutting lots within a tract. a. All exterior light fixtures regardless of type or location shall be of downlight or "indirect cut off" type design so that the light bulbs are not directly visible. b. Fixtures located adjacent to residentially zoned districts may be mounted on the building less than 12 feet above average grade in the area. If desired to be mounted greater than 12 feet above grade, they shall be mounted at the property line on appropriately colored poles and directed so as not to shine toward adjacent homes. 5. All on-site utilities and utility connections shall be located underground, including electrical, telephone and television cables and wires. The visual impact of transformers or the utility company apparatus shall be buffered by landscaping or screening within the guidelines of the affected utility company. 6. Antenna and Satellite Dishes: The locations of antenna and satellite dishes, shall be reviewed at the time of site plan approval, and shall be screened, if practical from street right- of-way and adjacent properties. TRACT II 7. The maximum allowable density shall be 24.0 units per gross acre, less fight-of-way dedication. Architectural Features 8. Staggered wall line: A minimum four (4) foot offset between the relative from walls of two(2) adjacent units in the same building shall be provided 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. 9. Roof slope: A minimum 5:12 roof slope shall be provided for each individual structure. 10. Brick column along front or full-height brick chimney: Page 3 a. A one (1) two-story brick column shall be provided for each four (4) unit footprints, with a minimum of two(2) columns per building; or b. One (1) exterior, full-height chimney, covered with field applied masonry without wood trim over prefabricated or field erected flues shall be provided for every four (4) footprint units (a minimum of two (2) per building). 1 I. Carports: In the event that carports are constructed, these structures shall not be located parallel to and adjacent to the street frontages. However, they may be constructed perpendicular to the street, parallel to the building. Any carport must be constructed of materials which are architecturally compatible with the roof of the main structure. Flat built-up roofs will be allowed only when all other materials meet the intent of this paragraph (i.e., prefabricated or other metal units are not considered compatible with brick, stone, stucco, and/or wood siding and trim.) 12. Masonry Requirements: When main buildings are two stories or less, 75% of the entire main structure shall be constructed of brick, tile, cement, stone, or similar materials however, when the main building is three stories in height, only the first floor is required to have a minimum of 75% of its exterior to be constructed of brick, tiles, stone, or similar materials. 13. 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 o~'" type fixtures mounted 12' or less above grade be allowed to be mounted on a building wall. Landscaping 14. A minimum fit~een (15) foot wide landscape buffer strip, exclusive of the parkway, shall be provided along all street frontages with a right-of-way of 100 feet or more, and 10 foot wide landscape buffer strip on streets with less than 100 feet of right-of-way. 15. The landscape buffer strip shall contain the following groups of plant material at a minimum average density of one group for each 50 linear feet of the buffer strip: a. One (1) large tree, three (3) small trees, and a berm of a minimum height of three(3) feet; or b. One (1) large tree, (3) small trees, and shrubs. Large trees will be a minimum of three(3) inches in caliper at the time of planting. Small trees as defined by this Planned Development will be a minimum of eight (8) feet in height at the time of planting. 16. All surface parking lots shall be screened from view of all adjacent public streets. The screening Page 4 shall extend along the entire street frontage of the surface parking lot, exclusive of driveways, access ways and viability triangles. In addition, the following conditions must be met: a. The screen must be at a minimum height of three (3) feet and shall consist of any of the following: (1) earthen berm planted with turf grass or ground cover with a slope not to exceed 3:1 (width: height); or (2) Evergreen shrubs which must provide a solid visual barrier, an minimum of three (3) feet in height within three (3) years of initial planting; or (3) A retaining wall that must comply with all city standards. 17. All landscape areas shall be served by a fully automatic irrigation system. Other Special Provisions 18. Building Placement: Where three (3) or more buildings are within one hundred (100) feet ora street right-of-way and have a footprint greater than four (4) units, one-third of these buildings shall be turned such that their lengths are a minimum of 45 degrees to the street right-of-way. the remainder may be parallel to the street. 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. Section 6. Severability Clause That the provisions of this ordinance, if held invalid or unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 5 Section 7. Savings Clause That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. Section 8. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 3rd day of February, 1997. CITY 0~. COLONY Patti A. Hicks, TRMC City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attc~mey Samuel D. Chavez City Planner Page 6 Exhibit A BEING a pan of that certain 10 foot Wide strip of land retained by the City of Hebron and described by the 'SAVE AND EXCEPT' portion of City ~f Carrollton Annexation Ordinance No. 1330, and a part of that certahl 74.6 acre tract of land conveyed to Hebron Joiat Venture by Tomlia Properfiea by correction deed recorded ia County Clerk File No. 93-R0017434 of the Real Property Records of Deaton County, Texas, in the Samuel H. Brown Survey, Abstract No. 111, the Samuel B. Evan~ survey, AbsUact No. 397 and the Benjamin Schoonover Survey, Abstract No. 1208, situated in Denton Coumy, Texas, and being more particularly descn~0ed as follows: COMMENCING at an/ton rod found at the Northeast comer of said 74.6 acre tract and the Southeast comer of that certain 65.648 acre tract of land conveyed to Univers/ty Business Park Phaze I~, Ltd. by deed recorded ia Volume 1615, Page 551 of the Deed Records of Denton County, Texas, said point be/ng on the Westerly fight-of-way line of the Burlington Northern Railroad Right-of-Way (100.0 feet wide); TI-I~NCE North 6°01,27' East along said Westerly right-of-way line of said ralh-oad, 10.08 feet to a point on a North line of sa/d l0 foot wide strip; TI-I~NCE South 89003~39" West along sa/d North line &said l0 foot wide strip, 10.08 feet to the PLACE OF BEGINNING ofth/s descfipt/on; THI~NCE along a llne which is 10.0 feet Westerly from and parallel to said Westerly fight-of-way line of said railroad as follows: South 6°01,27. West, 1674.09 feet; North 83°58'33N We~t, 25.0 feet; South 6°01'27' We~t, 561.30 feet; North 89001'27- East, 25.19 feet; South 6°01'27- West, 110.27 feet; THENCE South 89030'23· Wear along a line which i~ 10.0 fee~ North of and parallel to the South line of said 74.6 acze tract and the North line of that ce~ain 7.02 acre tract conveyed to W~Iliam Chaillot by deed recorded ia Volume 552, Page 572 of the Eked Records of Denton County, Texas 1277.19 feet to a point on an East line of the above me~ioued 10 foot wide strip of laod retained by the City of Hebroa and deacribed by the 'SAVE AND EXCEPT' portion of City of Carro~ton Annexation Ordlna~e No. 1330; THENCE North 0°47,20' West along sa~d East llne of said 10 foot wide strip 2315.39 feet to a point on a North liae of said 10 foot wide strip; THENCE North 89°03B9. East along said North llne of said 10 foot wide strip, 1555.08 feet to the PLACE OF BEGINNING, and coctalning 75.1288 acre~ of land, more or les~.