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HomeMy WebLinkAboutOrdinance No. 00-1245 ORIGINAL PD -18 crrv co ,o , ~ O~~CE OF ~ CI~ OF ~ COLO~, ~S ~~G O~~CE NO. 61, ~ CO~~NSI~ ZO~G O~~CE OF ~ CI~, AS ~NDED, PASSED ~ ~PRO~D ON ~E 4, 1979, G~T~G A C~GE ~ ZO~G ON A ~CT OF L~ LOCA~D ~ ~ CI~ OF ~ COLO~, ~S, ~ MO~ F~LY DESC~BED ~ E~BIT "A"; EST~LIS~G PLIED DE~LOP~ DIS~ P~ 18, ~ ~D USES, ~CL~G, B~ NOT LI~D TO, GE~L ~T~L, BUS.SS P~, ~ ~SIDEN~ USES, AS MO~ P~CUL~Y SET FOR~ ~ ACCO~CE ~TH ~ PD CONCEPT PL~ ~ DEVELOP~ ST~~S A~AC~D ~TO AS E~BITS "B" ~ "C" ~ ~L O~R APPLIC~LE CI~ O~ANCES; MODIF~G ~ OFFICI~ ZO~G ~ OF ~ CI~; P~SER~G ~L O~R P~TS OF ~ CO~~NSI~ ZO~G O~~CE; PRO~D~G A SE~ILI~ CLAUSE; DE~~~G ~T ~ PUBLIC ~ST, MO~S ~D GENE~ ~LF~ DE~ ~ ZO~G C~GE ~ AME~NT ~~ ~E; PRO~D~G FOR A PEN~ NOT TO EXCEED ~ S~ OF ~O ~OUSAND ~LL~S ($2,~0.00) FOR EACH OFFENSE ~ A SEP~ OFFENSE S~L BE DEE~D CO~I~D EACH DAY DUnG OR ON ~CH A ~OLA~ON ~CURS OR CON~S; PRO~D~G A SA~GS CLAUSE ~D PRO~D~G ~ EFFEC~VE DA~. ~~AS, application w~ mMe to ~end ~e Zoning on p~ in ~e CiW of ~e Colony, Te~ (~e "CiW") by m~g ~plication for ~e ~e wi~ ~e Pl~ing ~d Zoning Commission of~e CiW, ~ ~u~ by State s~s ~d ~ Zoning ~din~ of~e CiW ~d all · e legal ~u~men~, conditions ~d p~uisi~s hav~g ~n eompli~ with, ~e c~ hav~g come ~fo~ ~e CiW Co~eil of~e CiW of~e Colony, Te~; ~d 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 PDI8 I PD -18 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, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing the City Council has concluded that the adoption of this ordinance is in the best interest of the City and of the public health, safety and welfare; and 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 the Comprehensive Zoning Ordinance of the City of The Colony, Texas is hereby amended: A. That the allowed use of the Property, comprising approximately 611.5 acres located in the T. Luckett Survey Abstract No. 752, B.B.B. & C.R.R. Survey Abstract Nos. 182 and the S. Payton Survey Abstract No. 1009 located in the City of the Colony, Denton County, Texas; as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, is changed to a Planned Development District "PD-18" with mixed uses, including, but not limited to general retail, business park, and residential uses, permitted in accordance both with those requirements set forth in the Conceptual Development Plan (the "Concept Plan") attached hereto and incorporated herein as Exhibit "B", 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 this planned development. Section 4. That a Development Plan and Site Plan which shall be in conformity with the PD Concept Plan shown in Exhibit "B" 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 under this Planned Development District. Section 5. That all 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 the City Manager of the City is hereby directed to modify the official zoning map of the City to reflect the herein change in zoning. PDI8 2 PD -18 Section 7. That in all other respects of the tract or tracts of land herein described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City, as amended, and all other applicable and pertinent ordinances of the City. Section 8. This PD Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and 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 PD Ordinance. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this PD 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 10. 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 fred 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 11. This ordinance shall become effective from and aider its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ~ LA day of ~cc~,~.~c& , 2000. /Mayor, C~ty of The Colony .". ~ i~ i'.()\3 t-~ APPROVED AS TO FORM: G~n )rkel; C~t~omey ~ PDIg 3 EXHIBIT "A" LEGAL DESCRIPTION 605.795 ACRE TRACT BEING A 605.795 ACRE TRACT OF LAND SITUATED IN THE T. LUCKETT SURVEY, ABSTRACT NO. 752, BBB & CCR SURVEY, ABSTRACT NO. 182, AND THE S. PAY'FON SURVEY, ABSTRACT NO. 1009, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 2, A CALLED 324.084 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY CLERKS FILE 93-R0048821, A 56.584 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO 93- R0087901, A 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD. RECORDED IN COUNTY CLERKS FILE NO. 94-R0089415, A 40.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 95-0076009, A 42.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 97-R0086390, AND THE REMAINDER OF A CALLED 182.79 ACRE TRACT OF LAND CONVEYED BY DEED TO ROBERT E. STRIEF RECORDED IN VOLUME 574, PAGE 604, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 605.795 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT CORPS OF ENGINEERS (C.O.E.) MONUMENT NO. C241-2 FOUND AT THE SOUTHWEST CORNER OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT; THENCE, NORTH 01 DEG. 26 MIN. 52 SEC. EAST, ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 1100.08 FEET TO A 3/4" IRON ROD FOUND FOR CORNER, THENCE, NORTH 01 DEG. 12 MIN. 56 SEC. EAST, CONTINUING ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT, PASSING THE SOUTHWEST CORNER OF SAID 40.535 ACRE TRACT OF LAND CONVEYED BY DEED AT 49.89 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 865.32 FEET ALONG THE WEST LINE OF SAID 40.535 ACRE TRACT TO A FENCE CORNER POST FOR THE NORTHWEST CORNER OF SAID 40.535 ACRE TRACT; THENCE, SOUTH 89 DEG. 27 MIN. 31 SEC. EAST, ALONG THE NORTH LINE OF SAID 40.535 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 2141.85 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 40.535 ACRE TRACT, SAID POINT ALSO BEING THE MOST WESTERLY NORTHWEST CORNER OF THE AFORESAID 324.084 ACRE WYNNWOOD PENINSULA, LTD. TRACT; THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Al, EXHIBIT A, AND TRACT B2, EXHIBIT B, DESCRIBED IN DEED OF PARTITION, RECORDED IN VOLUME 2163, PAGE 433, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME LINE AS DESCRIBED IN DEED OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT; THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 89 DEG. 42 MIN. 25 SEC. EAST, A DISTANCE OF 1113.32 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 00 DEG. 44 MIN. 11 SEC. EAST, A DISTANCE OF 2347.37 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 53 DEG. 47 MIN. 45 SEC. EAST, A DISTANCE OF 3532.09 FEET TO A 1/2" IRON ROD November 2, 2000 FOUND FOR CORNER IN THE SOUTH LINE OF BOYD ROAD AS DESCRIBED IN DEED TO THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEG. 36 MIN. 23 SEC. EAST, ALONG SAID SOUTH LINE OF BOYD ROAD AND THE NORTH LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 1160.97 FEET TO A 1/2" IRON ROD FOUND FOR NORTHEAST CORNER OF SAID TRACT IN THE WEST LINE OF U.S.A. TRACT G626 OF THE GARZA-LI'I-rLE ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWISVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST LINE OF SAID 324.084 ACRE TRACT AND U.S.A. TRACT NO G-626 THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 19 DEG. 20 MIN. 20 SEC. EAST, PASSING C.O.E. MONUMENT NO. 626-7 FOUND AT 27.78 FEET, AND CONTINUING IN ALL A TOTAL DISTANCE OF 416.72 FEET TO C.O.E. MONUMENT NO. G626-6 FOUND FOR CORNER; SOUTH 00 DEG. 35 MIN. 31 SEC. WEST, A DISTANCE OF 403.72 FEET TO C.O.E. MONUMENT NO. G626-5 FOUND FOR CORNER; SOUTH 45 DEG. 48 MIN. 38 SEC. WEST, A DISTANCE OF 219.95 FEET TO C.O.E. MONUMENT NO. G626-4 FOUND FOR CORNER; SOUTH 21 DEG. 42 MIN. 53 SEC. EAST, A DISTANCE OF 504.77 FEET TO C.O.E. MONUMENT NO. G626-3 FOUND FOR CORNER; SOUTH 64 DEG. 44 MIN. 03 SEC. EAST, A DISTANCE OF 550.27 FEET TO C.O.E. MONUMENT NO. G626-2 FOUND FOR CORNER; SOUTH 16 DEG. 23 MIN. 14 SEC. WEST, A DISTANCE OF 516.70 FEET TO C.O.E. MONUMENT NO. G626-1 FOUND FOR CORNER; THENCE, SOUTH 88 DEG. 52 MIN. 21 SEC. EAST, CONTINUING ALONG THE SOUTH LINE OF SAID U.S.A. TRACT G-626, A DISTANCE OF 180.76 FEET TO C.O.E. MONUMENT NO. G627-1 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF AFORESAID 182.79 ACRE ROBERT E. STRIEF TRACT AND THE NORTH WEST CORNER OF U.S.A. TRACT G627 CONVEYED BY DEED RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E. SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF U.S.A. TRACT G627 THE FOLLOWING TEN COURSES AND DISTANCES; SOUTH 32 DEG. 43 MIN. 30 SEC. EAST, A DISTANCE OF 719.98 FEET TO C.O.E. MONUMENT NO. G627-2 FOUND FOR CORNER; SOUTH 01 DEG. 14 MIN. 39 SEC. WEST, A DISTANCE OF 250.36 FEET TO C.O.E. MONUMENT NO. G627-3 FOUND FOR CORNER; NORTH 77 DEG. 49 MIN. 13 SEC. WEST, A DISTANCE OF 250.67 FEET TO C.O.E. MONUMENT NO. G627-4 FOUND FOR CORNER; November 2, 2000 NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 277.42 FEET TO C.O.E. MONUMENi' NO. G627-4A FOUND FOR CORNER, AT THE SOUTH CORNER OF A 0.23 ACRE TRACT OF LAND CONVEYED FROM ROBERT E. STRIEF TO U.S.A. BY DEED RECORDED IN VOLUME 2457, PAGE 193, REAL PROPERTY RECORD, DENTON COUNTY, TEXAS; NORTH 03 DEG. 56 MIN. 27 SEC. EAST, A DISTANCE OF 98.26 FEET TO C.O.E. MONUMENT NO. G627-4B FOUND FOR CORNER; NORTH 17 DEG. 12 MIN. 22 SEC. WEST, A DISTANCE OF 117.41 FEET TO C.O.E. MONUMENT NO. G627-4C FOUND FOR CORNER; SOUTH 74 DEG. 15 MIN. 55 SEC. WEST, A DISTANCE OF 72.63 FEET TO C.O.E. MONUMENT NO. G627-4D FOUND FOR CORNER; NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 148.34 FEET TO C.O.E. MONUMENT NO. G627-5 FOUND FOR CORNER; SOUTH 19 DEG. 07 MIN. 15 SEC. WEST, A DISTANCE OF 443.35 FEET TO C.O.E. MONUMENT NO. G627-6 FOUND FOR CORNER; SOUTH 24 DEG. 59 MIN. 05 SEC. EAST, A DISTANCE OF 499.68 FEET TO C.O.E. MONUMENT NO. 627-7 FOUND FOR CORNER, SAID POINT BEING THE NORTHWEST CORNER OF A U.S.A. TRACT G628 CONVEYED BY DEED RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E. SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE, CONTINUING ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF SAID U.S.A. TRACT G628 THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 30 DEG. 03 MIN. 06 SEC. WEST, A DISTANCE OF 393.89 FEET TO C.O.E. MONUMENT NO. G628-2 FOUND FOR CORNER; SOUTH 47 DEG. 31 MIN. 21 SEC. WEST, A DISTANCE OF 1038.81 FEET TO C.O.E. MONUMENT NO. G628-3 FOUND FOR CORNER; SOUTH 14 DEG. 19 MIN. 34 SEC. WEST, A DISTANCE OF 196.63 FEET TO C.O.E. MONUMENT NO. G628-4 FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT; THENCE, NORTH 88 DEG. 23 MIN. 26 SEC. WEST, ALONG THE SOUTH LINE OF SAID STRIEF TRACT A DISTANCE OF 375.97 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER; THENCE, CONTINUING ALONG SAID SOUTH LINE AND THE NORTHWESTERLY LINE OF U.S.A. TRACT G628, THE FOLLOWING TWO COURSES AND DISTANCE: NORTH 43 DEG. 44 MIN. 52 SEC. WEST, A DISTANCE OF 148.52 FEET TO THE REMAINS OF C.O.E. MONUMENT NO. G628-6 FOUND FOR CORNER; November 2, 2000 SOUTH 09 DEG. 08 MIN. 14 SEC. WEST, A DISTANCE OF 113.21 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT; THENCE, NORTH 88 DEG. 56 MIN. 00 SEC. WEST, CONTINUING ALONG THE SAID SOUTH LINE OF STRIEF TRACT, A DISTANCE OF 2.85 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER IN THE SOUTHEASTERLY LINE OF AFORESAID 324.084 ACRE VVYNNWOOD PENINSULA, LTD., TRACT AND THE NORTHWESTERLY LINE OF U.S.A. TRACT NO G608 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 384, PAGE 162 AND MODIFIED BY QUIT CLAIM DEED TO O.N. SEAGRAVES, ET UX RECORDED IN VOLUME 465, PAGE 694, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND SAID NORTHWESTERLY LINE OF U.S.A. TRACT G608 THE FOLLOWING SEVEN COURSES AND DISTANCES: SOUTH 42 DEG. 33 MIN. 37 SEC. WEST, A DISTANCE OF 337.43 FEET TO C.O.E. MONUMENT NO. G608-10 FOUND FOR CORNER; SOUTH 15 DEG. 59 MIN. 41 SEC. WEST, A DISTANCE OF 199.68 FEET TO C.O.E. MONUMENT NO. G608-9 FOUND FOR CORNER; NORTH 83 DEG. 16 MIN. 00 SEC. WEST, A DISTANCE OF 199.79 FEET TO C.O.E. MONUMENT NO. G608-8 FOUND FOR CORNER; SOUTH 20 DEG. 15 MIN. 25 SEC. WEST, A DISTANCE OF 230.29 FEET TO C.O.E. MONUMENT NO. G608-7 FOUND FOR CORNER; NORTH 31 DEG. 01 MIN. 55 SEC. WEST, A DISTANCE OF 559.14 FEET TO C.O.E. MONUMENT NO. G608-6 FOUND FOR CORNER; NORTH 53 DEG. 42 MIN. 38 SEC. WEST, A DISTANCE OF 119.89 FEET TO C.O.E. MONUMENT NO. G608-5 FOUND FOR CORNER; SOUTH 04 DEG. 23 MIN. 11 SEC. WEST, A DISTANCE OF 50.81 FEET TO C.O.E. MONUMENT NO. 603-2-3 FOUND FOR CORNER, SAID POINT BEING THE NORTH EAST CORNER OF U.S.A. TRACT NO. G603-2 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 383, PAGE 30 AND MODIFIED BY QUIT CLAIM DEED LEONARD V. GUMM, ET AL RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND THE NORTH AND WEST LINES OF SAID U.S.A. TRACT NO. G603-2 THE FOLLOWING TWO COURSES AND DISTANCES: NORTH 68 DEG. 44 MIN. 45 SEC. WEST, A DISTANCE OF 300.21 FEET TO C.O.E. MONUMENT NO. G603-2-2 FOUND FOR CORNER; SOUTH 18 DEG. 14 MIN. 44 SEC. EAST, A DISTANCE OF 850.05 FEET TO C.O.E. MONUMENT NO. G603-2-1 FOUND FOR CORNER; THENCE, SOUTH 01 DEG. 03 MIN. 59 SEC. WEST, ALONG CONTINUING ALONG THE SAID SOUTHEASTERLY LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 188.40 FEET TO C.O.E. November 2, 2000 MONUMENT NO. G603-1-13 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF U.S.A. TRACT NO G603-1 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 383, PAGE 30 AND MODIFIED BY QUIT CLAIM DEED TO LEONARD V. GUMM, ET AL RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE OF SAID U.S.A. TRACT NO. G603-1 THE FOLLOWING TWELVE COURSES AND DISTANCES: NORTH 70 DEG. 47 MIN. 04 SEC. WEST, A DISTANCE OF 699.72 FEET TO C.O.E. MONUMENT NO. G603-1-12 FOUND FOR CORNER; SOUTH 20 DEG. 17 MIN. 11 SEC. EAST, ^ DISTANCE OF 775.43 FEET TO C.O.E. MONUMENT NO. G603-1-11 FOUND FOR CORNER; SOUTH 48 DEG. 19 MIN. 12 SEC. WEST, A DISTANCE OF 700.08 FEET TO C.O.E. MONUMENT NO. G603-1-10 FOUND FOR CORNER; SOUTH 89 DEG. 03 MIN. 12 SEC. WEST, A DISTANCE OF 330.13 FEET TO C.O.E. MONUMENT NO. G603-1-9 FOUND FOR CORNER; NORTH 42 DEG. 06 MIN. 31 SEC. WEST, A DISTANCE OF 499.78 FEET TO C.O.E. MONUMENT NO. G603-1-8 FOUND FOR CORNER; NORTH 75 DEG. 21 MIN. 37 SEC. WEST, A DISTANCE OF 399.88 FEET TO C.O.E. MONUMENT NO. G603-1-7 FOUND FOR CORNER; SOUTH 25 DEG. 31 MIN. 53 SEC. EAST, A DISTANCE OF 460.27 FEET TO C.O.E. MONUMENT NO. G603-1-6 FOUND FOR CORNER; SOUTH 83 DEG. 46 MIN. 49 SEC. WEST, A DISTANCE OF 450.32 FEET TO C.O.E. MONUMENT NO. G603-1-5 FOUND FOR CORNER; NORTH 23 DEG. 47 MIN. 57 SEC. EAST, A DISTANCE OF 300.02 FEET TO C.O.E. MONUMENT NO. G603-1-4 FOUND FOR CORNER; NORTH 45 DEG. 50 MIN. 26 SEC. WEST, ^ DISTANCE OF 375.20 FEET TO C.O.E. MONUMENT NO. G603-1-3 FOUND FOR CORNER; NORTH 18 DEG. 18 MIN. 20 SEC. WEST, A DISTANCE OF 799.87 FEET TO C.O.E. MONUMENT NO. G603-1-2 FOUND FOR CORNER; SOUTH 06 DEG. 02 MIN. 45 SEC. WEST, A DISTANCE OF 1374.81 FEET TO C.O.E. MONUMENT NO. G603-1-1 FOUND FOR CORNER IN THE SOUTH LINE OF SAID 324.084 ACRE TRACT; THENCE, NORTH 89 DEG. 19 MIN. 24 SEC. WEST, ALONG SAID SOUTH LINE, PASSING C.O.E. MONUMENT NO. G607-1 AT 539.98 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 559.96 FEET TO A 1/2' IRON ROD FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT; THENCE, NORTH 01 DEG. 01 MIN. 30 SEC. EAST, ALONG THE WEST LINE OF SAID 324.084 ACRE TRACT, PASSING A 1/2" IRON ROD FOUND AT 132.80 FEET AND CONTINUING IN ALL A TOTAL November 2, 2000 DISTANCE OF 136.52 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER; SAID CORNER BEING THE SOUTHEAST CORNER OF AFORESAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT; THENCE, NORTH 89 DEG. 10 MIN. 23 SEC. WEST, ALONG THE SOUTH LINE OF SAID 56.584 ACRE TRACT, A DISTANCE OF 2153.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 605.795 ACRES OF LAND, MORE OR LESS. I:\SLD\92319201\SDATA\19201DLG.WPD November 2, 2000 LEGAL DESCRIPTION 5.707 ACRE TRACT BEING A 5.707 ACRE TRACT OF LAND SITUATED IN THE BBB & CCR SURVEY, ABSTRACT NO. 182, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 1, 5.704 ACRE TRACT OF LAND CONVEYED TO VVYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 5.707 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR THE NORTHWEST CORNER OF SAID 5.707 ACRE WYNNWOOD PENINSULA, LTD. TRACT, SAID POINT BEING IN THE OCCUPIED SOUTH LINE OF BOYD ROAD AS CONVEYED BY DEED TO THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY TEXAS, SAID CORNER BEARS NORTH 89 DEG. 24 MIN. 17 SEC. EAST 467.96 FEET FROM A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF A 324.084 ACRE TRACT OF LAND CONVEYED BY DEED TO VVYNNWOOD PENINSULA, LTD. RECORDED IN SAID COUNTY CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEG. 20 MIN. 59 SEC. EAST, ALONG SAID SOUTH LINE AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 390.20 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER; THENCE, SOUTH 89 DEG. 12 MIN. 44 SEC. EAST, CONTINUING ALONG SAID SOUTH LINE AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 229.80 FEET TO A FENCE CORNER POST FOR CORNER; THENCE, SOUTH 08 DEG. 02 MIN. 19 SEC. WEST, ALONG THE NORTHERLY LINE OF U.S.A. TRACT G626 OF THE GARZAILITTLE ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWlSVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON COUNTY, TEXAS; A DISTANCE OF 497.20 FEET TO C.O.E MONUMENT NO. 626-10 FOUND FOR CORNER; THENCE, SOUTH 76 DEG. 03 MIN. 46 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 309.51 TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER 2 FEET SOUTH OF AND 2.5 FEET WEST OF A FENCE CORNER POST; THENCE, NORTH 23 DEG. 31 MIN. 15 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 626.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.707 ACRES OF LAND, MORE OR LESS. h\SLD\92319201\SDATA\19201DLG.WPD November 2, 2000 PD -18 EXHIBIT "C" STANDARDS, REGULATIONS AND CONDITIONS GENERAL PROVISIONS 1. For the purpose of this ordinance, Exhibit "B", Concept Plan, shall indicate general locations and delineations of Zoning Areas within this Planned Development. The Concept Plan is accompanied by the Planned Development Standards, Regulations and Conditions which establishes the permitted uses, and development densities, appropriate acreage and special development standards. 2. Prior to the issuance of any building permit for the development of the property described herein, the Development Plan required by Section 10-664 of the Comprehensive Zoning Ordinance of the City of The Colony, as amended, shall be submitted and approved by the City Council after recommendation from the Planning and Zoning Commission.. 3. 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 each tract. 4. Terms used in this ordinance shall have the same definitions as given in the Comprehensive Zoning Ordinance of the City of The Colony, as amended, unless otherwise defined herein. 5. All streets and thoroughfares shown on the Concept Plan shall be designed and constructed in accordance with approved City of The Colony standards. 6. Site plan approval shall be required before the issuance of a building permit for the development of any tract of land within the Planned Development. 7. All developments are subject to the approval of engineering plans in accordance with City of The Colony standards and specifications. PDl8.doc 4 PD -18 USE AND DEVELOPMENT STANDARDS 1. SINGLE-FAMII,y - (Estimated Gross Acreage = 300 Acres) Thc permitted uses shall include all uses listed in thc Single-Family Districts in the City of Thc Colony Comprehensive Zoning Ordinance, and shall include golf, churches, schools, fire and police stations, and parks. General Sin_~lc Family Development Rc_~ulations. Thc minimum dwelling size for all houses within this district shall bc 2,000 square feet for the main building, exclusive of breezeways, garages, patios, and accessory buildings. Lot Landscaping: A minimum of two (2), four (4) inch caliper trees, shall bc 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. Image and Thcming: 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 thc development with special identifiers and signage. Minimum Masonry Exterior: All exterior walls on all buildings shall have a minimum masonry exterior of fifty ($0%) percent, except for windows and doors; seventy-five (75%) percent first floor. "Masonry" may include stucco and "wood-look" materials such as hardee plank. Garages may be either attached or detached from the main structure. Single-Family Lot Standards, Each residential neighborhood shall conform to one of the following lot types: ,4: 80' - 12.000 square foot Lots; Typical Lot Size: Eighty (80) foot width by one hundred and fifty (150) foot depth. Minimum Lot Area: Twelve Thousand (12,000) square feet. Minimum Lot Width: Eighty (80) feet at the front building line except where PDI$.doc ~ PD -18 the fi:ont building line is on a curve or cul-de- sac in which case the minimum shall be seventy-five (75) feet. Minimum Lot Depth: One hundred twenty (120) feet except where the fi:om building line is on a curve or a cul-de-sac in which case the minimum shall be one hundred ten (110) feet. Minimum Front Yard: Twenty-five (25) feet. Minimum Side Yard: Eight (8) feet except for comer lots adjacent to residential streets which shall have a minimum side yard of fifteen (15) 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. B: 75' - 9.000 square foot Lots: 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 fi:ont 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: Seven and one half (7.5) feet except for comer lots adjacent to residential streets which shall have a minimum side yard of fifteen (15) 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. C: 65' - 7.000 square foot Lot.~: 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 PDIS.doc 6 PD -18 the fi'ont 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:Fifteen (15) feet, except that a garage must be setback a minimum of twenty (20) feet from property line. 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. D: 50' - 5.000 square foot Lots: Typical Lot Size: Fifhy (50) foot width by one-hundred foot depth. Minimum Lot Area: Five thousand five hundred (5,000) 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: Fifteen (15) feet, except that a garage must be setback a minimum of twenty (20) feet from property line. 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) 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. Maximum Height Restrictions, The maximum building height for residential structures shall be thirty (30) feet, except up to 15% of the floor area may be constructed to a height not to PD18.doc 7 PD -18 exceed forty-five (45) feet. The purpose of this additional height is to enable an observation tower. Density, The total number of dwelling units in this single-family area shall not exceed 3.2 dwelling units per acre for the gross acreage of this area, which is estimated to be 300 acres. The maximum number of units for this area shall therefore be 960 units. 2. GOLF COURSE RESIDENTIAL .(VILLAS / MF) - (Estimate,j Gross Acreage = 155 Acres) Purpose, The purpose of this district is to allow high-density residential in an area adjacent to the lake and along the planned second eighteen holes of golf. Permitted Uses. as shown on Concept Plan. Exhibit B. Multi-family; · Single-family attached; · Single family detached. Development Standards Maximum Density: · Multi-family - twenty-four (24) units/acre. · Single-family attached (townhouses) - twelve (12) units/acre. Single-family detached (villas, zero-lot line, and cluster housing) - six (6) units/acres. The development of this property shall be in accordance with the provisions of the "MF-3" District Regulations as set forth in The City of The Colony Comprehensive Zoning Ordinance, except as otherwise provided herein. 3: TOWN CENTER - .(Estimated Gross Acreage = 131 Acres) Purpose, The purpose of this district is to allow the Developer substantial flexibility in establishing a "Town Center" consisting of a variety of uses. The intended concept is to extend the "old world" theme already initiated by The Tribute Golf Course and Clubhouse, and to incorporate mid to high-density residential along the golf course. PDlS.doc 8 PD -18 · Hotel · Conference Center · Office · All retail and commercial uses as permitted in the BP, SC and GR zoning districts. SUP requirements in accordance with the City of The Colony comprehensive zoning ordinance shall apply. · Restaurants · Golf, clubhouse, and golf-related uses · Marina and marina-related uses · Golf Villas · Single-family detached, allowing up to six (6) units/acre. (Not to exceed 25% of developable area in the Town Center) · Single-family attached, allowing up to twelve (12) units/acre. · Multi-family allowing up to twenty-four (24) units/acre. · Mid-rise residential up to sixty (60) units/acre. (Not to exceed 50 % of developable area in Town Center. Development Standards Floor Area Ratio (FAR) for all tracts shall be a maximum of 2:1. Building heights shall not exceed eight (8) stories, except for those uses permitted in the Business Park "BP" zoning district shall be developed in accordance with Section 12-101 of the Comprehensive Zoning Ordinance. Maximum Residential Density: · Multi-family - twenty-four (24) units/acre. · Single-family attached (townhouses) - twelve (12) units/acre. · Single-family detached (villas, zero-lot line, and cluster housing) - six (6) units/acre. 4: ENTRY COMMERCIAL - (Estimated Gross Acreage = 25 acre~l Purpos~ The purpose of this district is to provide for a "commercial center" development located at the entry of the community. It is intended that this area will include commercial, retail, restaurants, and office uses. It may also incorporate high-density multi-family as a component of an overall commercial/mixed use development plan. · All retail and commercial uses as permitted in the SC and GR zoning districts. SUP requirements in accordance with the City of The Colony comprehensive zoning ordinance shall apply. · Restaurants PDIS.doc 9 PD -18 · Office · Multi-family residential Development Standard.q The development of each use shall be in accordance with the provisions of the appropriate district regulations as set forth in the City of The Colony Comprehensive Zoning Ordinance, except as otherwise provided herein. 5: DENSITY/USE TRANSFER The ability to transfer density and/or proposed uses throughout the duration of this project is inherent in the flexibility of this Planned Development District. Flexibility is important in order to respond to changes in market conditions, as well as unforeseen design influences which may be discovered during final planning and engineering design. It is intended, however, that the overall maximum intensity established for each district be adhered to, and further that the overall plan components be generally consistent with the "Concept Plan" shown in Exhibit "B". To insure conformance with this intent, each preliminary plat shall include a usage table describing that tract's use, acreage, number of lots, and cumulative totals for the overall P.D. acreage and lot counts as may be applicable. 6: SPECIAL DEVELOPMENT STANDARDS The intent of this Planned Development District is to enable new designs and standards, such as "neo-traditional housing," "new urbanism" and other such applications and concepts. It is intended, therefore, that there may be a need for creative urban design standards, such as narrow streets, smaller setbacks, and landscaping to enhance the developments. Specific proposals in this regard will be presented in the platting process. PDl8.doc 10