HomeMy WebLinkAboutOrdinance No. 07-1706
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07-1706
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING AN ORDINANCE FOR A SPECIFIC USE PERMIT (2003-
SUP08) BY AMENDING THE SITE PLAN TO PROVIDE FOR THE
ADDITION OF A STAGE AREA, VOLLEY BALL COURT, NEW GROUP
ENTRY, NEW AMUSEMENT WATER FEATURE NOT TO EXCEED
THIRTY-ONE (31') FEET IN HEIGHT, A THEMED PLAY AREA/SPLASH
PARK AND AN ADDITIONAL ONE HUNDRED AND TWO (102)
PARKING SPACES, FOR AN AMUSEMENT WATER PARK LOCATED
AT THE NORTHEAST CORNER OF PAIGE ROAD AND MEMORIAL
DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE REVISED SITE PLAN, WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B";
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 2003 the City Council approved a Specific Use Permit ("SUP") for a
water park through the adoption of Ordinance No. 03-1497 on an approximate 7.66 acre tract zoned
PD-14; and
WHEREAS, the applicant has requested an amendment to the SUP for an expansion of an
Amusement Water Park as provided herein; and,
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 03-1497 providing a specific use permit should be amended to provide for an
amended specific use permit to permit the expansion of said specific use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 03-1497 providing for an amusement water park located
at the northeast comer of Paige Road and Memorial Drive and being more particularly described in
Exhibit "A," which is attached hereto and incorporated herein, is hereby amended to provide for the
addition of a stage area, volley ball court, new group entry, new slide not to exceed thirty-one (31 ')
feet in height, a themed play area/splash park and an additional one hundred and two (102) parking
spaces as depicted on the revised and amended site plan, which is attached hereto and incorporated
herein as Exhibit "B."
2003-SUP08-REVISED
Page 1
TM 13443.76.000
SECTION 2. That the property shall be developed only in accordance with Ordinance No.
03-1497 and the additional special conditions as set forth herein below:
A. That all construction plans for the expansion are approved by the Engineering
Department prior to issuance of the building permit.
B. The applicant provide the City with a letter from the owner of the 50 foot gas
easement (Atmos Energy) located in the parking area of the site allowing parking
over the existing gas easement.
C. Approved temporary restroom facilities must be connected to city sanitary sewer
and water lines; and, such facilities shall otherwise be installed and maintained in
accordance with applicable City ordinances.
D. Approved temporary restroom facilities, as depicted on the revised and amended
site plan, should be limited to a maximum of two (2) years beginning in 2007
during April 15th through September 15t\ and, such facilities shall be kept in a
clean and sanitary condition at all times.
E. Approved temporary restroom facility shall be removed after September 15th and
sanitary sewer connections and water connections must be capped off during the
off-season after approval by the City Building Official or other appropriate
enforcement officer.
F. Additional exists may be required by the Fire Marshal, when the occupant load
reaches a level greater than 3,480 persons; the Fire Marshal shall give reasonable
notice and until such time as additional exists are provided the park occupancy
shall be limited to 3,480 persons.
G. Prior to the issuance of a Certificate of Occupancy, an emergency vehicle turn
around must be provided near the proposed mechanical area at the northeastern
portion of the park as approved by the City Fire Marshal in accordance with City
ordinances.
SECTION 3. That the Revised Site Plan, which is attached hereto and incorporated herein
as Exhibit "B," respectively, be, and the same are, hereby approved and shall be construed as
special conditions for the use granted herein.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this resolution as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 03-1497 shall remain in full force and effect as if set forth in full, save and
except as amended by this ordinance.
2003-SUP08-REVISED
Page 2
TM 13443.76.000
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Hundred ($2,000.00) Dollars for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DUL Y PASSED by the City Council of the City of The Colony, Texas, this the 5th day of
Februarv. 2007.
APPROVED:
~ tJ d~r('
CHRISTIE WILSON, CITY SECRETARY
ROBERT E. HAGE
(REH/cdb 01 131 107)
2003-SUP08-REVISED
Page 3
TM 13443.76.000
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EXHIBIT A
METES AND BOUNDS DESCRIPTION
Being a 7.601 acre tract ofland out of Lot 1, Block 1, Memorial Park Site according to the plat
filed for record in Cabinet Q, Page 161 of the Plat Records of Denton County, Texas (PRDCT)
and being more particularly described by metes and bounds as follows;
COMMENING at a 1/2-inch found iron rod wI "Dowdy" cap at the most southerly southwest
corner of Lot 14, Block J of the Legend Trails Phase II Addition as described by plat in Cabinet
T, Page 258-259 of the PRDCT; said point also being in the north or northeast right of way line
of Worley Drive, a 60-foot right-of-way; thence South 59 degrees 51 minutes 33 seconds East
along the north or northeast right of way line of said Worley Drive for a distance of21.00 feet to
a point; thence South 30 degrees 08 minutes 27 seconds West, departing said north or northeast
right of way line, for a distance of60.00 feet to a point for the intersection of the south or
southwest right of way line of Worley Drive and the west or northwest line of a 100- foot
drainage and utility easement shown on said Memorial Park Site plat; thence continue South 30
degrees 08 minutes 27 seconds West along the west or northwest line of said 100 foot drainage
and utility easement for a distance of 343.78 feet to a l/2-inch set iron rod with yellow plastic
cap stamped "HALFF ASSOC., INC.", hereinafter referred to as set iron rod "with cap", for the
POINT OF BEGINNING;
THENCE along the west or northwest line of said I OO-foot drainage and utility easement the
following calls and distances;
South 30 degrees 08 minutes 27 seconds West for a distance of 88.69 feet to set iron rod
with cap for the point of curvature of a tangent curve to the right having a radius of
1,230.00 feet and whose long chord bears South 52 degrees 00 minutes 12 seconds West
a distance of916.05 feet;
Southwesterly, along said curve to the right through a central angle of 43 degrees 43
minutes 29 seconds and an arc distance of938.66 feet to a set iron rod with cap for the
point of compound curvature of a tangent curve to the right having a radius of 25.00 feet
and whose long chord bears North 73 degrees 40 minutes 24 seconds West a distance of
26.84 feet;
-4-
THENCE northwesterly, departing said 100-foot drainage and utility easement and along said
curve to the right though a central angle of 64 degrees 55 minutes 17 seconds and an arc distance
of28.33 feet to a set iron rod with cap for the point of reverse curvature ofa tangent curve to the
left having a radius of 125.00 feet and whose chord bears North 59 degrees 17 minutes 53
seconds West a distance of77.6l feet;
THENCE northwesterly, along said curve through a central angle of36 degrees 10 minutes 14
seconds and an arc distance of78.91 feet to a set iron rod with cap for the point of reverse
curvature of a tangent curve to the right having a radius of 25.00 feet and whose chord bears
North 45 degrees 45 minutes 54 seconds West a distance of 26.21 feet;
THENCE westerly, along said curve to the right through a central angle of63 degrees 14
minutes 12 seconds and an arc distance of27.59 feet to a set iron rod with cap for the point of
reverse curvature of a tangent curve to the left having a radius of 970.00 feet and whose chord
bears North 16 degrees 39 minutes 18 seconds West a distance of84.91 feet; said point on the
east line of said 100-foot drainage and utility easement;
THENCE along the east line of said 100-foot drainage and utility easement the following calls
and distances;
Northerly, along said curve to the left through a central angle of 05 degrees 01 minute 00
seconds and an arc distance of 84.93 feet to a set iron rod with cap for the point of reverse
curvature of a tangent curve to the right having a radius of 670.00 feet and whose long
chord bears North 15 degrees 57 minutes 36 seconds West a distance of72.58 feet;
Northerly, along said curve to the right through a central angle of 06 degrees 12 minutes
36 seconds and an arc distance of 72.62 feet to a set iron rod with cap; said point on the
east line ofa 50-foot Lone Star Gas Easement as described in Volume 734, Page 215 of
the Deed Records of Denton County, Texas (DRDCT);
THENCE North 17 degrees 12 minutes 16 seconds East departing said 100-foot drainage and
utility easement and along the east line of said 50-foot Lone Star Gas Easement for a distance of
225.78 feet to a set iron rod with cap for the point of curvature of a non-tangent curve to the left
having a radius of 61.50 feet and whose long chord bears North 87 degrees 36 minutes 21
seconds East a distance of28.32 feet;
THENCE easterly, along said curve to the left through a central angle of26 degrees 37 minutes
14 seconds and an arc distance of 28.57 feet to a set iron rod with cap for the point of compound
curvature of a tangent curve to the left having a radius of 183.50 feet and whose long chord bears
North 55 degrees 16 minutes 46 seconds East a distance of 119.58 feet;
-5-
THENCE easterly, along said curve to the left through a central angle of 38 degrees 01 minute
56 seconds and an arc distance of 121.80 feet to a set iron road with cap for the point of reverse
curvature of a tangent curve to the right having a radius of 29.00 feet and whose long chord bears
North 63 degrees 01 minute 03 seconds East a distance of26.1l feet;
THENCE northeasterly, along said curve to the right through a central angle of 53 degrees 30
minutes 30 seconds and an arc distance of27.08 feet to a set iron rod with cap;
THENCE North 89 degrees 46 minutes 18 seconds East for a distance of 109.57 feet to a set
iron rod with cap for the point of curvature of a tangent curve to the left having a radius of
313.50 feet and whose long chord bears North 74 degrees 45 minutes 09 seconds East a distance
of 162.48 feet;
THENCE easterly, along said curve to the left through a central angle 000 degrees 02 minutes
18 seconds and an arc distance of 164.36 feet to a set iron rod with cap;
THENCE North 59 degrees 44 minutes 00 seconds East for a distance of212.44 feet to a set
iron rod with cap for the point of curvature of a curve to the right having a radius of 236.50 feet
and whose long chord bears North 88 degrees 31 minutes 56 seconds East a distance of 227.86
feet;
THENCE northeasterly, along said curve to the right through a central angle of 57 degrees 35
minutes 51 seconds and an arc distance of 23 7.74 feet to a set iron rod with cap for the point of
compound curvature of a tangent curve to the right having a radius of 59.00 feet and whose long
chord bears South 46 degrees 09 minutes 23 seconds East a distance of 33.54 feet;
THENCE southeasterly, along said curve to the right through a central angle of33 degrees 01
minute 31 seconds and an arc distance of34.01 feet to a set iron rod with cap for the point of
reverse curvature of a tangent curve to the left having a radius of 69.00 feet and whose long
chord bears South 32 degrees 24 minutes 21 seconds East a distance of6.65 feet;
THENCE southeasterly, along said curve to the left though a central angle of 05 degrees 31
minutes 24 seconds and an arc distance of 6.65 feet to the POINT OF BEGINNING and
containing 331, III square feet or 7.601 acres of land, more or less.
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SlTIl PLAN
HAWAIIAN FAUS ADVIlNTURB PAIlI[
CITY OF THE COLONY, 1'IInlI
ABS'l'RACl No. 173, DENTON COUNTY
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