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HomeMy WebLinkAboutOrdinance No. 02-1389 CITY OF THE COLONY~ TEXAS ORDINANCE NO. ~-/--~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 382 DATED NOVEMBER 4, 1985, FOR PLANNED DEVELOPMENT DISTRICT "PD-10" AND ORDINANCE NO. 919 DATED JANUARY 15, 1996 FOR PLANNED DEVELOPMENT DISTRICT "PD-12", AMENDING THE COMPREHENSWE ZONING ORDINANCE OF THE CITY, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, APPROVING AN AMENDMENT TO THE DEVELOPMENT PLAN FOR AUSTIN RANCH WITH REGARD TO A TRACT OF APPROX. 294 ACRES LOCATED EAST OF THE BURLINGTON NORTHERN RAILROAD, FOR MULTI FAMILY AND MIXED USE DEVELOPMENT, IN ACCORDANCE WITH THE EXHIBITS AND DEVELOPMENT STANDARDS ATTACHED HERETO; PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the owners of a tract of land (the "Land") approx. 294 acres located east of the Burlington Northern Railroad and shown on Exhibit "A" attached hereto and incorporated herein, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning Commission requesting an amendment of the Development Plan in accordance with Section 24, Appendix A-Zoning of the City's Code of Ordinances as amended; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council that the Proposed Amendment to the Development Plan as shown on Exhibits "A", "B" and "C", attached hereto and incorporated herein; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has in its legislative discretion concluded that the Amended Development Plan is in the best interests of the City of The Colony, Texas, and of the public health, safety and welfare. 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 Ordinance NO. 382 dated November 4, 1985, for part of Planned Development district "PD-10" and Ordinance NO. 919 dated January 15, 1996 for Planned Development district "PD-12", are hereby amended by approving an amendment to the Development Plan for a tract of approximately 294 acres located East of the Burlington Northern Railroad as shown on Exhibits "A" and "B", attached hereto and incorporated herein and with the specific standards, regulations and conditions attached hereto and incorporated herein 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 the Amended Development Plan. Section 4. That all development on the property shown on the attached Exhibit "A" and Exhibit "B' 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 5. 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. Section 6. That the amended development plan as herein established have been made in accordance with the comprehensive plan (the "Comprehensive Plan") of the City for the purpose of promoting the health, safety, morals and the general welfare of the community. Section 7. 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 the 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 8. 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 find in a sum not to exceed One 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. APPROVED by the City Council of the City of The Colony, Texas this the./~'-/~ day of ,2002. ~f The Colony ATTEST: Christie Wilson Deputy City Secretary ¢j~ni-Iike~, Ci~//(~orfiey - ~ 2 Austin Ranch P.D. 10 and P.D 12, The City of The Colony, Texas Development Plan Amendments - June 6, 2002 AUSTIN RANCH Amendments to the Development Plan approved by the City Council of the City of Thc Colony, Texas on February 8, 1999. P.D. 10 and P.D. 12 - City of The Colony, Texas A Billingsley Company Development Project Outlined below are proposed amendments to the Development Plan for P.D. 10 and P.D. 12 approved by the City Council of the City of The Colony on February 8, 1999. The primary purpose of these amendments is to reconfigure the proposed street plan in order to preserve as much of the existing native trees as possible in the three ravines located at the southeast area of Austin Ranch adjacent to Arbor Hills Park. The desired result is to promote and enhance the pedestrian scale quality of the residential area known as the Neighborhoods of Austin Ranch, located east of the Burlington Northern Santa Fe (BNSF) Railway line. The development plan shall comply with all aspects of the City of The Colony development codes and ordinances, as well as the requirements of the respective P.D.'s. The requested modifications to the development plan are: 1. The streets in The Neighborhoods of Austin Ranch will be reconfigured in accordance with Exhibit A of the amendments with approval of the following special conditions: a. The streets around the village green will be built in the manner shown in Exhibit B. A fifteen (15) mph speed limit will be posted in the streets surrounding the village green. b. Provide a fifteen (15) foot building set-back for the mixed use, commercial buildings, and signage on the south side of Windhaven, for a distance of fifty.(50) feet east and west of Saintsbury Drive as indicated in Exhibit A. The purpose of the fifteen (15) foot setback is to emphasize and define the future Town Center. c. The streets shown indicate intended design but final layout will be modified according to site conditions and engineering requirements and presented at the time of site plan approval. 2. Town Center I - The mixed-use area will incorporate approximately 21 acres of mixed residential and commercial uses (BP with MF) as indicated on Exhibit A. Building heights in this area will not exceed five (5) stories with a maximum height of seventy (70) feet. A maximum four of the five levels will be allowed for residential uses. Tables and chairs will be allowed to be placed within the street right-of-way (within the back of curb to property line area), adjacent to and serving adjacent commercial uses, except along the frontage of Windhaven Parkway. The table and chair areas will be allowed without fences or screening provided that a minimum five (5) foot clear circulation area is maintained through seating area or within the building set-back area. 3. Height Restrictions: A 150 foot wide strip (zone A) along the southern boundary of the Neighborhoods of Austin Ranch, as indicated in Exhibit A, will accommodate structures with a maximum height of seventy (70) feet measured to the mid-point of sloping roofs as defined by city zoning ordinance. Additional height allows for podium parking with four (4) levels of residential use overlooking the park. Detail site building design will be incorporated into site plan approval. 4. Parking: on street parking within the street right-of-way will provide a maximum of ten percent (10%) of the required off-street parking requirements for residential, commercial, retail or mixed-use areas. " 5. A maximum of ten percent 10% of the total residential units built in each phase will be minimum of five hundred (500) square feet of living area, provided that the average unit size for the total phase is a minimum of eight hundred (800) square feet. 6. Tree removal must comply with the City's Tree Preservation Ordinance.