HomeMy WebLinkAboutOrdinance No. 05-1604
CITY OF THE COLONY, TEXAS
ORDINANCE NO. tZJ5"-1l#0Lf
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 IN EXHIBIT "A"; PROVIDING FOR AN
AMENDMENT TO PLANNED DEVELOPMENT DISTRICT
PD-16, ORDINANCE NO. 99-1129; TO ALLOW FOR HEREIN
DEFINED MIXTURE OF USES ON TRACT E; AND IN
ACCORDANCE WITH THE EXHIBITS AND DEVELOPMENT
STANDARDS ATTACHED HERETO; 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 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 PROVIDING
AN EFFECTIVE DATE.
WHEREAS, application was made to amend the Zoning on property in the City of The Colony,
Texas (the "City") by making application for the same with the Planning and Zoning Commission of
the City, as required by State statutes and the Zoning Ordinance of the City and all the legal
requirements, conditions, and prerequisites having been complied with, the case having come before
the City Council of the City of The Colony, Texas; 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 the proposed amendment to the Planned Development District
("PD"), PD-16, with the "Schedule of Uses By Tract" table and the "Conceptual Land Use" Option I
and 2 plans as shown in Exhibits E, F, and G respectively, 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
Planned Development District PD-16, with the "Schedule of Uses By Tract" table and the "Conceptual
Land Use Plans" are in the best interests of the City of The Colony, Texas, and of the public health,
safety and welfare.
Final Amended PD-16
July 7, 2005
Page 1 0[29
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 the Property, being tract E of Planned Development
District PD-16, Ordinance No. 99-1129, and comprising approximately 100.645 acres
located in the B.B.B. & c.R.R. Survey, Abstract No. 174, the William A. Bridges
Survey, Abstract No. 112, and the R.P. Hardin Survey Abstract NO. 611, as more
particularly described in Exhibit A "Legal Description" attached hereto and incorporated
herein for all intents and purposes, is amended to modify Planned Development District
PD-16, Ordinance No. 99-1129, as applicable to tract E (as shown on attached Exhibits
F or G,) with the uses permitted in accordance with the specific standards, regulations
and conditions attached hereto and incorporated herein as Exhibits B, C, and D; and the
uses and requirements set forth in the "Schedule of Uses By Tract" Exhibit E, and the
"Conceptual Land Use" Option I and 2 plans, Exhibits F & G respectively, attached
hereto and incorporated herein.
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 amended
Planned Development.
Section 4. That the development of this amended PD-16 be in general conformity with either
of the "Conceptual Land Use" Option plans shown in Exhibits F & G, and that a Development Plan
(aka Detailed Site Plan) and preliminary plat shall be submitted by the Owner / Developer as required
by Sections 10-664 and 10-682 of the Comprehensive Zoning Ordinance and 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 Ordinance (the "PD Ordinance").
Section 5. That all development on the property described in the attached Exhibit A "Legal
Description" and made the subject of this ordinance shall be in accordance with those standards,
regulations, and conditions set forth in Exhibits B, C, D and E, 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.
Section 7. That the tract or tracts of land hereinabove described shall be subject to all
applicable regulations contained in the Comprehensive Zoning Ordinance of the City, including but not
limited to Sections 10-662 and 10-670 with respect to development plan submittal timing, and all other
applicable and pertinent ordinances of the City.
Final Amended PD-16
July 7, 2005
Page 2 of 29
Section 8. That the zoning regulations and districts 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 9. This PD 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 instances where
provisions of those ordinances are in direct conflict with the provisions of this PD Ordinance.
Section 10. 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 11. 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 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 12. 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 its final passage and publications as provided by law, and it is
accordingly so ordained.
...,.:::: PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the
~ day of :::)l... L'< , 200 5.
ATTEST:
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City of The Colony ,vi A-n-'He-W 'b. b EAJ "-o..v
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Final Amended PD-16
July 7, 2005
Page 3 of 29
EXHIBIT A
LEGAL DESCRIPTION
100.645 ACRE TRACT
City of The Colony
B.B.B. & C.R.R. Survey, Abstract No. 174 and William Bridges Survey, Abstract No. 112
City of The Colony, Denton County, Texas
DESCRIPTION, of a 100.645 acre tract ofland situated in the R. P. Hardin Survey, Abstract No. 611
and in the B.B.B. & C.R.R. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract
No. 112, City of The Colony, Denton County, Texas, and being all of a called 100.645 acre tract of
land described in a deed to MORNING STAR BLVD. (DALLAS) AlP III, L.L.P. as recorded in
Volume 4969, Page 1287, Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING, at a 112-inch iron rod with "Pacheco Koch" cap set at the southeast comer of said
100.645 acre tract and at the intersection of the northwest right-of-way line of State Highway 121 and
the southwest right-of-way line of Burlington Northern Railroad;
THENCE, South 61 degrees 19 minutes 26 seconds West with the southeast line of said 100.645 acre
tract and along the said northwest right-of-way line, a distance of 382.74 feet to a 112-inch iron rod
with "Pacheco Koch" cap set for comer;
THENCE, South 57 degrees 31 minutes 26 seconds West with the said southeast line and along said
northwest right-of-way line, a distance of 503.03 feet to an aluminum disk found for comer;
THENCE, South 61 degrees 20 minutes 10 seconds West with the said southeast line and along said
northwest right-of-way line, a distance of 1084.21 feet to a 112-inch iron rod with "Pacheco Koch"
cap set for comer at a comer clip of the east comer of Morning Star Boulevard as recorded in Cabinet
Q, Page 4, of the Plat Records of Denton County, Texas, and said northwest right-of-way line of
State Highway 121;
THENCE, North 73 degrees 40 minutes 12 seconds West with said comer clip, a distance of 63.65
feet to a 112-inch iron rod found at the west comer of said comer clip and in the northeast line of said
Morning Star Boulevard;
THENCE, the following 4 courses and distances with the northeast line of said Morning Star
Boulevard:
North 28 degrees 40 minutes 12 seconds West, a distance of 45.69 feet to a 112-inch iron rod with
"Pacheco Koch" cap set for comer at the start of a tangent curve to the right;
Along said curve in an westerly direction having a central angle of 20 degrees 30 minutes 25
seconds, a radius of 1335.00 feet, an arc length of 477.82 feet, a chord bearing and distance of North
18 degrees 25 minutes 00 seconds West, 475.27 feet to a 112-inch iron rod found for comer at the
start of a tangent curve to the left;
Final Amended PD-16
July 7, 2005
Page 4 of 29
Along said curve in a westerly direction having a central angle of 14 degrees 14 minutes 59
seconds, a radius of 1455.00 feet, an arc length of 361.86 feet, a chord bearing and distance of North
15 degrees 17 minutes 16 seconds West, 360.93 feet to a 1/2-inch iron rod found for comer at the
start of a tangent curve to the right;
Along said curve in a westerly direction having a central angle of 8 degrees 54 minutes 01 seconds,
a radius of 5670.00 feet, an arc length of 880.78 feet, a chord bearing and distance of North 17
degrees 57 minutes 44 seconds West, 879.89 feet to a 1/2-inch iron rod found at the south comer of a
right-of-way comer clip at the intersection of the northeast line of Morning Star Boulevard with the
southeast right-of-way line of Memorial Drive as recorded in Cabinet R, Page 4, of the Plat Records
of Denton County, Texas;
THENCE, North 28 degrees 25 minutes 52 seconds East with the said right-of-way comer clip, a
distance of 76.29 feet to a 1/2-inch iron rod found for comer;
THENCE, North 70 degrees 07 minutes 22 seconds East with the said right-of-way comer clip, a
distance of 14.31 feet to a 1/2-inch iron rod found for comer;
THENCE, North 19 degrees 52 minutes 38 seconds West with the said right-of-way comer clip, a
distance of 60.00 feet to a crows foot cut found in concrete for comer in the centerline of said
Memorial Drive;
THENCE, the following 5 courses and distances with the centerline of said Memorial Drive;
North 70 degrees 07 minutes 22 seconds East, a distance of 3.71 feet to a X cut set in concrete for
comer at the start of a tangent curve to the left;
Along said curve in a northerly direction having a central angle of 25 degrees 19 minutes 12
seconds, a radius of 1390.00 feet, an arc length of 614.27 feet, a chord bearing and distance of North
57 degrees 27 minutes 45 seconds East, 609.28 feet to a 1/2-inch iron rod for comer;
North 44 degrees 48 minutes 09 seconds East, a distance of 527.64 feet to a 1/2-inch iron rod found
for comer at the start of a tangent curve to the right;
Along said curve in a easterly direction having a central angle of 38 degrees 44 minutes 36 seconds,
a radius of 1390.00 feet, an arc length of 939.92 feet, a chord bearing and distance of North 64
degrees 10 minutes 27 seconds East, 922.11 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set
for comer;
North 83 degrees 32 minutes 45 seconds East, a distance of 339.03 feet to a 1/2-inch iron rod at the
northeast comer of said 100.645 acre tract and in the said southwest right-of-way line of Burlington
Northern Railroad;
THENCE, the following 5 courses and distances with east line of said 100.645 acre tract and with the
said southwest right-of-way line:
South 06 degrees 27 minutes 15 seconds East, a distance of 1250.11 feet to a 1/2-inch iron rod with
"Pacheco Koch" cap set for comer;
Final Amended PD-16
July 7, 2005
Page 5 of29
South 83 degrees 30 minutes 04 seconds West, a distance of 49.58 feet to a l/2-inch iron rod found
for comer;
South 06 degrees 26 minutes 46 seconds East, a distance of 706.11 feet to a ll2-inch iron rod with
"Pacheco Koch" cap set for comer;
South 89 degrees 48 minutes 33 seconds East, a distance of 50.56 feet to a l/2-inch iron rod found
for comer;
South 06 degrees 33 minutes 25 seconds East, a distance of 42.46 feet to the POINT OF
BEGINNING,
CONTAINING, 4,384,098 square feet or 100.645 acres ofland, more or less.
Final Amended PD-16
July 7, 2005
Page 6 of 29
EXHIBIT B
COMMERCIAL DISTRICT REGULATIONS
In addition to the provisions of Section 10-2100, of the City of The Colony Comprehensive Zoning
Ordinance, Chapter 61 of the City Code of Ordinances, the following regulations shall apply:
1. Uses Permitted: All uses permitted in the General Retail ("GR"), Business Park ("BP"), and
Industrial ("I") Districts, as shown on table Exhibit E "Schedule of Uses by Tract" and
corresponding Exhibits F & G "Conceptual Land Use" Option plans, are considered
permitted uses.
a. Per Section (4-110) of the Comprehensive Zoning Ordinance, General Retail ("GR")
districts are generally defined as: Substantial strip retail areas which because of the
nature of development are not appropriate for inclusion in the SC, Shopping Center
district. The uses specified in the GR district include most types of retail activity
except for certain open-type displays such as used car lots and heavy machinery sales
which are not compatible with the retail shopping function intended in the GR
district. It is, however, anticipated that in some situation a future change to a
Commercial or Office classification might be appropriate to permit the transition of
strip retail areas which are no longer in demand for retail use to other productive
forms of land use.
b. Per Section (4-117) of the Comprehensive Zoning Ordinance, Business Park ("BP")
districts are generally defined as: Business park development of the type including
high-rise office buildings, clean manufacturing and processing, and related support
facilities such as retail establishments within a building, parking garages and
restaurants, is a desirable economic goal for The Colony and demands certain special
requirements to ensure development of high-quality, while protecting
noncommercial areas bordering it. Such uses cannot always be developed most
effectively under other zoning district requirements. This district will allow modem
business park development and the necessary support establishments to exist in close
proximity to each other, usually, but not necessarily along major highways and
thoroughfares.
c. Per Section (4-113) of the Comprehensive Zoning Ordinance, Industrial ("I")
districts are generally defined as: Industrial Development particularly of the
distribution and light processing types representing a desirable economic goal for the
economic base of The Colony. The rapidly changing variety of industry and the
development of modem technology make it appropriate and desirable to provide
standards of industrial performance rather than attempt to categorize industrial uses
by name. Performance standards covering noise, smoke, particulate matter and other
air contaminants, odorous matter, fire and explosive hazard, glare, and vibration are
specified for the Industrial district.
Final Amended PD-16
July 7, 2005
Page 7 of 29
2. Floor Area Ratio: The overall cumulative Floor Area Ratio (FAR) for all tracts shall be a
maximum of 8:1 and a minimum of 1:1. Additionally, the above FAR's shall be subject to
adjustment, at the developer's option and request, in accordance with the provisions of the
"Density Bonus Application" paragraphs A - K of Section 10-2100 of the Zoning Ordinance.
3. Landscaoine: All landscaping shall comply with the City of The Colony general
Landscaping Ordinance, and the GWY "Gateway" District Ordinance as defined in Sections
17 A and 10B-800 of the Comprehensive Zoning Ordinance, unless otherwise noted herein.
4. Ooen Soace Calculations: For the purpose of this amended PD-16, open space calculations
shall include all privately-owned common areas, recreation areas, public/private green spaces
and if applicable, areas dedicated to the City excluding rights-of-way but including
floodplain and parkland; collectively the "Open Space".
5. Ooen Soace Hankine: At the time of Development Plan (aka Detail Site Plan) and Plat
approval, should a specific site or parcel within this amended PD;..16 fall short of the
minimum Open Space requirements, as stated in Section 4 above, the site or parcel shall be
granted a credit of up to one-third (1/3) of its required Open Space by receiving a credit from
the landscape park "Commons" located at the junction of the new internal roadways, as
graphically depicted on Exhibits F & G.
6. Loadine & Service Access: Loading and service areas (including truck bay doors, loading
docks, truck court apron space, dumpsters, etc.) shall not be located on any portion of a front
wall of any building fronting S.H. 121, nor on any side or rear wall within one hundred (100)
feet of the State Highway ("S.H.") 121 right-of-way. Loading and service areas shall also
not be located on any side or rear wall of a building within sixty (60) feet of any front
property line, not adjacent to S.H. 121. Loading and service areas will not be allowed on the
street side of any building, with the exception that any building internal to the site and not
abutting a dedicated public street may have loading and service areas located on the street
side of the building if such areas will be predominantly screened from public view by a
combination of permanent architectural and landscape elements such as walls, berms, trees,
shrubs, or a future site building, so as to soften or interrupt the view of the casual observer.
These elements shall be installed along, or within the proximity of, approximately fifty (50)
percent of the affected property line, and shall screen loading and service areas, except for
those areas visible from driveway openings when viewed at a perpendicular angle from the
street, or the exceptional elevation condition ofthe BNSFR Railway overpass at the S.H. 121
right-of-way.
7. Exterior Liehtine: Exterior parking lot and loading areas shall be provided with adequate
security lighting. Such lighting shall be either wall or pole mounted, with down-light type
luminaires, to minimize glare directed toward the streets or adjacent properties, as defined in
Section 10B-900 of the GWY District Ordinance. All external lights shall be mounted not to
exceed thirty (30) feet in height as measured from grade at the fixture, and all pole mounted
fixtures shall be of consistent height, style, and design within each respective tract.
8. Sienaee: All signage shall be in compliance with the City of The Colony sign ordinance as
amended from time to time, unless otherwise amended and approved at the time of
Development Plan (aka Detailed Site Plan) submittal and review.
Final Amended PD-16
July 7, 2005
Page 8 of29
9. Facade Materials and Treatment: All Buildings shall be designed and constructed of one
hundred (100) percent masonry materials, defined as brick, stone, rock, textured and painted
concrete or concrete block, EIFS or stucco, marble, and glass block, within the Masonry
Amendment to Section 10B-600. A. 1. of the GWY District Ordinance.
10. Roof Top Mechanical Equipment Screenine: All roof-mounted mechanical equipment
shall be screened in general conformance with Section 10B-700(E)(I-5) of the
Comprehensive Zoning Ordinance, such that the majority of any individual unit shall not be
visible at the immediate ground level of directly adjacent properties, excluding the
exceptional elevation condition of the BNSFR Railway overpass at the S.H. 121 right-of-
way.
11. Fence and Wall Reeulations: A visual barrier screen shall be erected along any common
property line boundary separating residential and non-residential districts wherever a
dedicated street right-of-way does not otherwise exist. At the Owner I Developer's option,
the design and construction of the screen wall shall be either of the following:
a. A wrought iron fence not to exceed 6'-0" in height, supported by masonry columns
not to exceed 6'-6" in height, spaced a minimum of 12'-0" and a maximum of 18'-0"
on center, with an enhanced living screen of red-tipped photinia or similar evergreen
shrubs as noted within the "Recommended Plant List" per Section 17 A-II 00 of the
Comprehensive Zoning Ordinance, a minimum of 6' -0" in height and spaced 6'-0"
on center at the time of planting, and one or more species as noted in Section 17 A-
1100 of large street trees (3) inches in caliper and (12) feet in height, and I or small
trees (8) feet in height at the time of planting, spaced a maximum of 40' -0" on
center.
b. A masonry screen wall not to exceed 6'-0" in height, supported by masonry columns
not to exceed 7'-0" in height, spaced a minimum of 10'-0" and a maximum of 15'-0"
on center.
12. Compliance with City Code of Ordinances: Each individual site or parcel will be subject
to Plat and Development Plan (aka Detail Site Plan) review and approval to ensure
compliance with all applicable ordinances and requirements of the City before a building
permit is issued.
13. Noise Standard: Noise levels emanating from the proposed commercial development tracts
shall comply with Section 10-400 of the Comprehensive Zoning Ordinance.
14. Heieht Restriction: Maximum building heights of any commercial or industrial structure
shall be limited to ten (10) stories or less.
15. Flexibilitv: The "Conceptual Land Use" Optional plans, Exhibits F & G, represent
potential development of individual buildings, tracts, lots, or parcels based upon anticipated
market demand and prior development experience. While these plans depict proposed spatial
relationships, roadway alignments, site layouts, and land use areas, the intent of these plans is
to provide conceptual illustrative information, while affording the flexibility to make
adjustments and changes as necessary to adapt to current market conditions at the time of
Development Plan (aka Detail Site Plan) and Final Plat submittal and approval.
Final Amended PD-16
July 7,2005
Page 9 of29
EXHIBIT C
RESIDENTIAL DISTRICT REGULATIONS
In addition to the provisions of Appendix "A" of the City Code of Ordinances, Section 10, of the City
of The Colony Comprehensive Zoning Ordinance, the following regulations and districts shall be
created.
1. Uses Permitted: The following residential uses shall be considered permitted uses: Single
Family I (SF-I), Single Family 2 (SF-2), Single Family 3 (SF-3), Single Family 4 (SF-4), in
addition to Patio Home (PH) and Town Home (TH) as defined and created herein.
2. Dwellin2 Unit: A dwelling unit shall be defined as a separately inhabitable space intended
to be occupied by a single individual or family. The following zoning districts are hereby
created to apply to the property within this amended PD-16 and may be developed in
accordance with the following guidelines established herein.
3. Sin2le Familv Development Guidelines: The following guidelines for Patio Home (PH)
and Town Home (TH) have been created for this amended PD-16, and shall apply to the land
further described in Exhibit A.
A. Patio Home (PH)
a. Dwelling Unit Size: Two Thousand (2,000) square feet minimum for the main
building exclusive of breezeways, garages, patios, accessory spaces or attached
accessory buildings not used for dwelling purposes.
b. Height: Two (2) stories with a maximum height of forty (40) feet.
c. Area Regulations:
1.
Minimum Lot Size:
Forty (40) feet width by one hundred (100)
foot depth.
11.
Minimum Lot Area:
Four thousand (4,000) square feet.
111.
Minimum Lot Width:
Forty (40) feet at the front of the building line
except where the front building line is on a
curve or cul-de-sac in which case the
minimum may be reduced to twenty five (25)
feet.
IV.
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 may be reduced to
ninety-five (95) feet.
Final Amended PD-16
July 7, 2005
Page 10 of29
v. Minimum Front Yard: Fifteen (15) feet; except if the garage is
located on the front of the house, in which
case the front yard shall be increased to
twenty (20) feet. If the garage is located at
the front of the house, all garage doors must
be be stained wood trim or wood face doors
with a "carriage door" type finish. If the lots
are zero lot line homes, the garages are not
required to be set back from the front
elevation of the home.
VI. Minimum Side Yard: Five (5) feet if building centered, or ten (10)
between houses if zero lot line except for
comer lots adjacent to residential streets
which shall have minimum side yard of ten
(10) feet.
V11. Minimum Rear Yard: Ten (10) feet.
Vl11. Parking: Two (2) spaces for each dwelling unit.
IX. Maximum Lot Coverage: Sixty five percent (65%)
B. Town Home (TH)
a. Dwelling Unit Size: Twelve hundred (1,200) square feet minimum for the main
building exclusive of breezeways, garages, patios, accessory spaces, or attached
accessory buildings not used for dwelling purposes.
b. Height: Two (2) stories with a maximum height of forty (40) feet.
c. Area Regulations:
1.
Minimum Lot Size:
11.
Minimum Lot Area:
111.
Minimum Lot Width:
IV.
Minimum Lot Depth:
Final Amended PD-16
Twenty five (25) feet width by eighty (80)
foot depth.
Sixteen hundred (1,600) square feet except on
a curve or cul-de-sac in which case the
minimum may be reduced to One thousand
five hundred (1,500) square feet.
Twenty five (25) feet at the front of the
building line except where the front building
line is on a curve or cul-de-sac in which case
the minimum may be reduced to fifteen (15)
feet.
Eighty (80) feet except where the front
building line is on a curve or cul-de-sac in
which case the minimum may be reduced to
seventy five (75) feet. Depth is exclusive of
alleys, if provided.
July 7,2005
Page 11 of29
v. Minimum Front Yard: Fifteen (15) feet; except is garage is located
on the front of house in which case the front
yard shall be increased to twenty (20) feet.
VI. Minimum Side Yard: There shall be a minimum of ten (10) feet
between each continuous row or group of
units.
Vl1. Minimum Rear Yard: Five (5) feet.
Vlll. Parking: Two (2) spaces for each dwelling unit plus
one fourth (1/4) space per dwelling unit for
visitor parking (i.e. for every four (4) dwelling
units, one (1) visitor space must be provided).
IX. Maximum Lot Coverage: Seventy five percent (75%)
d. Supplemental TH Regulations:
1. No more than eight (8) dwelling units shall be attached in one continuous
row or group.
11. No two immediately adjacent rows or groups of units shall be identical in
exterior appearance.
4. Lot Measurements: Lot width shall be measured at the front building line. Measurement of
dwelling lot coverage or building lot coverage shall include only the footprint(s) of the
primary structure and any detached garage.
5. Density Limits and Transfer Ri2hts: The ability to transfer density throughout the
duration of this project is inherent in the flexibility of this amended PD-16. Flexibility is
important as market conditions change, tracts are adjusted at platting, and the open space
areas are calculated.
A lot within this project may be developed in a less dense manner if the market shifts and a
less dense product is more desirable. This density loss may then be transferred to another
part of the project and be compensated for the previous loss as long as the overall product
density cap remains the same and the transfer of density does not alter the classification of
the designated minimum lot sizes as indicated herein.
At the time of preliminary plat submittal a usage table will be included on the plat which
describes the tract's dwelling unit classification (i.e. SF-3, PH, TH, etc.), acreage, density,
and cumulative total of the overall lot count relative to the allowable overall density cap.
The overall dwelling unit density shall be based upon the gross acreage for product
classification and shall not exceed the following ratios:
1.
Patio Home (PH):
7 units / acre
11.
Town Home (TH):
12 units / acre
Final Amended PD-16
July 7, 2005
Page 12 of29
6. Common Areas and Park Maintenance: A Homeowners Association (HOA), a Public
Improvement District (PID), or similar entity, collectively the "Association", shall be
established to maintain open space, recreational areas, and other commonly owned facilities,
or other areas designated to be either owned or maintained by the Association. Prior to the
approval of the Final Plat, a document creating an Association shall be submitted by the
Owner / Developer for review and approval by the City.
7. Fence and Wall Reeulations: A visual barrier screen shall be erected in the residential
districts along the rights-of-way of Memorial Drive and Morningstar Drive. At the Owner's /
Developer's option, the design and construction of the screen wall shall be either of the
following:
a. A wrought iron fence and enhanced living screen matching the design and
construction of the existing wrought iron fence and living screen located along the
north side of Memorial Drive.
b. A wrought iron fence not to exceed 6'-0" in height, supported by masonry columns
not to exceed 6'-6" in height, spaced a minimum of 12'-0" and a maximum of 18'-0"
on center, with an enhanced living screen of red-tipped photinia or similar evergreen
shrubs as noted within the "Recommended Plant List" per Section 17 A-II 00 of the
Comprehensive Zoning Ordinance, a minimum of 6'-0" in height and spaced 6'-0"
on center at the time of planting, and one or more species as noted in Section 17 A-
1100 of large street trees (3) inches in caliper and (12) feet in height, and / or small
trees (8) feet in height at the time of planting, spaced a maximum of 40' -0" on
center.
8. Open Space Calculations: For the purpose of this amended PD-16, open space calculations
shall include all privately-owned common areas, recreation areas, public/private green spaces
and if applicable, areas dedicated to the City excluding rights-of-way but including
floodplain and parkland; collectively the "Open Space". The gross platted residential areas
of this amended PD-16, and as ultimately defined by the preliminary plat, shall have a
minimum of ten (10%) Open Space. The open space requirements will contemplate the
residential areas, in their entirety. (e.g. the existence of excessive open space in a previously
approved preliminary plat may have the effect of reducing the requirement in a subsequent
preliminary plat so long as the overall open space minimums as stated herein are met.)
9. Open Space Bankine: At the time of Development Plan (aka Detail Site Plan) and Plat
approval, should a specific site or parcel within this amended PD-16 fall short of the
minimum Open Space requirements, as stated in Section 8 above, the site or parcel shall be
granted a credit of up to one-third (1/3) of its required Open Space by receiving a credit from
the landscape park "Commons" located at the junction of the new internal roadways, as
graphically depicted on Exhibits F & G.
10. Flexibilitv: The "Conceptual Land Use" Optional plans, Exhibits F & G, represent
potential development of individual buildings, tracts, lots, or parcels based upon anticipated
market demand and prior development experience. While these plans depict proposed spatial
relationships, roadway alignments, site layouts, and land use areas, the intent of these plans is
to provide conceptual illustrative information, while affording the flexibility to make
adjustments and changes as necessary to adapt to current market conditions at the time of
Development Plan (aka Detail Site Plan) and Final Plat submittal and approval.
Final Amended PD-16
July 7, 2005
Page 13 of29
11. Lot Landscapin2: A minimum of two (2), three (3) inch caliper trees as selected from the
"Recommended Plant List" per Section 17 A-II 00 of the Comprehensive Zoning Ordinance,
shall be provided in the front yard of all single family residential lots.
Final Amended PD-16
July 7,2005
Page 14 of29
EXHIBIT D
GENERAL PROVISIONS
1. For the purpose of this ordinance, Exhibits F & G "Conceptual Land Use" Optional plans
shall indicate conceptual alignments of thoroughfares and general locations and delineations of
Zoning Areas within this amended PD-16.
2. Prior to the issuance of any building permit for the development of any General Retail,
Business Park, Industrial, Townhouse Dwelling, or Single-Family portions of the property
described herein as Tract "E", a Development Plan (aka Detailed Site Plan) and Plat as
required by Sections I 0-664 and 1 0-682 of the Comprehensive Zoning Ordinance of the City
of The Colony, Zoning Ordinance, Chapter 61, shall be submitted and approved by the City
Council and made an exhibit to and a part of this amended PD-16 and incorporated by
reference herein for all purposes.
3. Land uses listed in table Exhibit E "Schedule of Uses by Tract" are considered as permitted
uses within these amended PD-16 regulations.
4. The acreage shown for each tract or parcel of land shall be subject to 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.
5. Terms used in this amended PD-16 ordinance shall have the same definitions as given in the
Comprehensive Zoning Ordinance of the City of The Colony, Ordinance 61, unless otherwise
defined herein.
6. The Development Guidelines for the SH-I21 Corridor, as adopted by Resolution No. 9612 on
July I, 1996, and as further amended or restated thereafter to the date of enactment of this
amended PD-16, shall be included as part of the development standards for all tracts within this
amended PD-16, unless otherwise noted herein.
7. All streets and thoroughfares shown on the Conceptual Land Use Plan shall be designed and
constructed in accordance with approved City of The Colony standards.
8. All developments are subject to the approval of engineering plans in accordance with City of
The Colony standards and specifications.
9. The Owner / Developer shall design and construct drainage infrastructures in accordance with
Federal, State and Local codes, standards, and regulations and dedicate the appropriate
easements in accordance with City of The Colony standards.
Final Amended PD-16
July 7, 2005
Page 15 of29
EXHIBIT E
SCHEDULES OF USES BY TRACT
LEGEND:
Permitted Use: ../
Prohibited Use:
TABLE INSET:
TRACT NUMBER TRACT 1 TRACT 2 TRACT 3 TRACT 4 TRACTS
Type of Use
# As Defined in A
Appendix A
Section 10-300,
or as otherwise
defined under
"Type of Use"
Agricultural crops, or native habitat ../ ../ ../ ../ ../
134 Airport or landing field
122 Amusement, commercial (outside)
123 Amusement, commercial (inside) ../ ../
67 Animal clinic or hospital (without outside ../ ../
runs)
68 Animal clinic or hospital (with outside ../
runs)
69 Animal pound (public or private)
100 Antique shop ../ ../
15 Apartment accessory uses
200 Appliance sales/service (inside display) ../ ../
80 Art needlework ../ ../
149 Auto auction
144 Auto glass, muffler and/or seat cover shop ../ ../
Final Amended PD-16
July 7, 2005
Page 160[29
148 Auto sales and service (outside display) .('
147 Auto sales and service (inside display) .(' .('
151 Auto painting or body rebuilding shop .('
(inside)
145 Auto parts and accessory sales (inside .(' .('
only)
146 Auto parts and accessory sales (outside
display)
150 Auto repair garage (inside) .('
B
102 Bakery or confectionery shop (retail) .('
57 Bank/savings and loan office .(' .('
50 Bar, lounge, or tavern .(' .('
81 Barber and beauty shop .('
109 Beverage store .(' .('
189 Bicycle sales and service (inside) .(' .('
190 Boat auction
191 Boat glass, muffler and/or seat cover shop .(' .('
192 Boat sales and service (outside display) .('
193 Boat sales and service (inside display) .(' .('
194 Boat painting or body rebuilding shop .('
(inside)
195 Boat parts and accessory sales (inside .(' .('
only)
Boat parts and accessory sales (outside .('
196 display)
Final Amended PD-16
July 7,2005
Page 17 of29
197 Boat repair garage (inside) (excluding ./ ./
body work)
82 Book, handcraft, binding ./ ./
103 Book and stationery storelkwik copy ./ ./
162 Brickyard and similar building material ./
sales **
185 Building mover, temporary storage
135 Bus station and terminal
152 Bus or truck parking garage
C
83 Cabinet and woodworking shop, custom ./ ./
143 Car wash and auto laundry ./ ./
124 Carnival or circus ./ ./
56 Catering services ./ ./
104 Camera shop ./ ./
30 Cemetery or mausoleum
29 Church ./ ./ ./ ./
105 Cigar, tobacco and candy store ./
85 Cleaning shop, commercial ./ ./
84 Cleaning shop, small custom ./ ./
58 Clinic: Medical, dental or optical ./ ./
163 Clothing manufacturing and similar light ./ ./
manufacturing assembly
106 Clothing store ./ ./
.. Prohibited when a primary use, permitted when an accessory use.
Final Amended PD-16
July 7, 2005
Page 18 of29
126 Club, private; lodge or fraternal .,( .,(
organization
38 CoJlege donnitory .,( .,(
37 CoJlege fraternity or sorority .,( .,(
32 College/university/seminary .,( .,(
21 Commercial radio/TV transmitting station .,( .,(
Commercial service type businesses not .,( .,(
otherwise listed
9 Community center (private) .,( .,( .,( .,(
5 Community unit development
48 Community welfare/health center .,( .,( .,( .,(
Convenience stores and personal service .,( .,(
establishments not otherwise listed
31 Convent or monastery .,( .,( .,( .,(
86 Custom sewing and millinery .,( .,(
125 Country club, private membership .,( .,(
177 Contractor or maintenance yard .,(
184 Concrete or asphalt and batching plant
(permanent)
D
36 Day camp .,( .,(
33 Day nursery/day care center .,( .,( .,( .,(
153 Drag strip, go cart track or commercial
racing
107 Drug store or pharmacy .,( .,(
2 Duplex .,( .,(
Final Amended PD-16
July 7, 2005
Page 19 of29
114 Duplication shop ../ ../
E
57 Eating place w/drive-in service ../ ../
52 Eating place w/drive-thru service ../ ../
53 Eating place wlbeer, wine/liquor ../ ../
54 Eating place w/dancing or entertainment ../ ../
17 Electric substation ../ ../ ../ ../
18 Electric energy gen. plant
154 Engine or motor repair shop ../
F
70 Farm or ranch (amended to exclude ../ ../ ../ ../
raising livestock or construction of farm
type buildings or farm type fencing)
127 Fairgrounds
108 Feed store (livestock) (no mill) ../ ../
164 Fix-it shop, radio, TV and appliance ../ ../
repair
110 Florist shop ../ ../
101 Food store, retail sale ../ ../
34 Foster home ../ ../
165 Furniture repair store ../ ../
111 Furniture store (new) ../ ../
G
Final Amended PD-16
July 7, 2005
Page 20 of 29
71 Garden shop and plant sales, display or ./ ./
greenhouse
128 Golf course ./ ./
H
88 Hand weaving ./ ./
87 Handcraft, ceramic sculpture or similar art ./ ./
work
112 Hardware and/or sporting goods store ./ ./
72 Hatchery and breeding operation
136 Hauling and storage company ./
89 Health Studio ./ ./
137 Helicopter base
138 Heliport ./ ./
139 Helistop ./ ./
113 Hobby shop, art supply store ./ ./ .
44 Home for the aged, residence ./ ./ ./ ./
14 Home occupation ./ ./
175 Home repair and maintenance shop ./ ./
40 Hospital ./ ./
8 Hotel or motel ./ ./ ./ ./
I
39 Institution for care of alcoholic, narcotic, ./ ./
or psychiatric patient
41 Institution of a religious, charitable, or ./ ./
philanthropic nature
Final Amended PD-16
July 7, 2005
Page 21 of29
J
166 Job printing, lithographer, printing or ./ ./
blue-printing plant
160 Junk or salvage yard
K
79 Kennel with outside runs ./
90 Key shop ./ ./
L
167 Laboratory, manufacturing ./ ./
59 Laboratory, medical, dental or optical ./ ./
60 Laboratory, scientific testing/precision ./ ./
92 Laundry or dry cleaning, commercial ./ ./
91 Laundry or dry cleaning, self service ./ ./
93 Laundry or dry cleaning, pickup and ./ ./
receiving station
42 Library, art gallery/museum ./ ./
]68 Light fabrication and assembly processes ./ ./
203 Listed family home ./ ./
73 Livestock auction pens/sheds
6 Lodging or boarding
169 Lumber yard ./ ./
M
155 Machinery sales and service ./
Final Amended PD-16
July 7, 2005
Page 22 of29
156 Machine or welding shop ./
61 Medical appliance fitting/sales ./ ./
205 Mobile Food Vendor ./ ./
170 Monument sales yard ./
62 Mortuary or funeral home ./ ./
140 Motor freight terminal ./
186 Motorscooter or motorcycle sales and ./ ./
service (inside)
187 Motorscooter or motorcycle sales and ./ ./
service (outside)
4 Multiple family
188 Municipal complex ./ ./
N
43 Nursing home/convalescent home ./ ./
0
63 Office, general ./ ./
64 Optical shop ./ ./
16 Outside sales ./ ./ ./ ./
P
lIS Paint and wallpaper store ./ ./
157 Parking, commercial loti garage ./ ./
129 Park or playground public ./ ./ ./ ./ ./
10 Parking, required offstreet ./ ./ ./ ./
Final Amended PD-16
July 7, 2005
Page 23 of 29
161 Parking, surface ./ ./
116 Pawn shop
74 Pet shop ./ ./
173 Petroleum products, storage wholesale
94 Photography studio ./ ./
174 Plumbing, electrical, AlC, heating shops ./ ./
(inside only)
196 Plumbing, electrical, AlC and heating ./
shops (outside storage)
28 Post Office ./ ./
55a. Private club, eating place with beer, wine ./ ./
or liquor
55b. Private club with bar service ./ ./
182 Processing or industrial uses not ./
elsewhere listed to be regulated by
performance standards
Professional or service type businesses ./ ./
not otherwise listed
R
20 Radio, Television or communications ./ ./
facilities
142 Railroad team track
142 Railroad terminal (passengers or freight)
202 Registered family home, and group day ./ ./ ./
care home
130 Recreation club or area, private ./ ./ ./ ./
119 Retail stores and shops other than listed ./ ./
131 Rodeo
Final Amended PD-16
July 7, 2005
Page 24 of 29
49 Rectory ,; ,; ,;
Research and technology based businesses ,; ,;
not otherwise listed
S
176 Salvage and reclaiming (in building)
178 Sand, gravel, or earth, sales and storage
179 Sanitary landfill
45 School, business ,; ,;
46 School, commercial, trade/craft ,; ,;
47 School, public denominational ,; ,; ,; ,;
117 Second hand store, used furniture or ,; ,;
rummage shop, (no outside display)
158 Service station (motor vehicle fuel) ,; ,;
22 Sewage pumping station ,; ,; ,; ,; ,;
23 Sewage treatment plant
95 Shoe repair ,; ,;
I Single family ,; ,;
75 Stable (commercial)
II Stable (private)
159 Steam cleaning, vehicle/machinery ,; ,;
180 Stone, sand/gravel extraction
171 Storage, open (no visual screen)
172 Storage, open (visual screen) ,; ,;
12 Swimming pool, private ,; ,; ,; ,;
Final Amended PD-16
July 7, 2005
Page 25 of 29
118 Swimming pool, sales and supply ,; ,;
65 Studio: Art, music, ceramics, drama, ,; ,;
speech, dance or similar skills
66 Studio, broadcasting and/or recording ,; ,;
T
96 Tailor ,; ,;
97 Taxidermist ,; ,;
24 Telephone exchange / switching / ,; ,; ,; ,; ,;
transmitting equipment
13 Temporary field or construction office ,; ,; ,; ,; ,;
120 Tool and equipment rental (inside display ,; ,;
only)
121 Tool and equipment rental (with outside ,;
display)
3 Townhouse ,; ,;
132 Theater, drive-in type
133 Theater, not drive-in type ,; ,;
98 Travel bureau ,; ,;
7 Trailer court, mobile home park and
campground
U
99 Upholstery shop ,; ,;
19 Utilities, local ,; ,; ,; ,; ,;
25 Utilities, (public/private) government ,; ,; ,; ,;
installation
V
Final Amended PD-16
July 7, 2005
Page 26 of 29
76 Veterinarian's office (no hospital) ./ ./
201 Video arcades ./ ./
W
26 Water Resources, well or pumping station ./ ./ ./ ./
27 Water treatment plant
181 Warehouse ./ ./
181A Warehouse (mini) ./ ./
Wholesale sales type businesses not ./ ./
otherwise listed
Z
77 Zoo, commercial
78 Zoo, public
Final Amended PD-16
July 7, 2005
Page 27 of 29
EXHIBIT F
CONCEPTUAL LAND USE PLAN
OPTION 1
Final Amended PD-16
July 7, 2005
Page 28 of29
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OPTION 2
Final Amended PD-16
July 7, 2005
Page 29 of 29
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