HomeMy WebLinkAboutOrdinance No. 07-1727
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07-1727
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
AN ORDINANCE FOR A SPECIFIC USE PERMIT (2003-SUP08), AS
AMENDED, BY AMENDING THE SITE PLAN TO PROVIDE FOR THE
ADDITION OF A STAGE AREA, NEW AMUSEMENT WATER FEATURE,
A THEMED PLAY AREA/SPLASH PARK, TO PROVIDE FOR THE
EXISTING BUILDINGS WHICH WERE NOT DEPICTED ON THE SITE
PLAN PREVIOUSLY APPROVED, AND TO AMEND THE PERMITTED
FENCING MATERIALS, FOR AN AMUSEMENT WATER PARK
LOCATED AT THE NORTHEAST CORNER OF PAIGE ROAD AND
MEMORIAL DRIVE AND BEING MORE P ARTICULARL Y 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, Ordinance No. 03-1497 has been amended several times since it's adoption
with the last amendment being on or about February 5,2007 through the adoption of Ordinance No.
07-1706; and
WHEREAS, Ordinance No. 07-1706 approved an amended site plan, however, it has been
determined that several existing buildings were not depicted on said site plan and that the material
used to construct the existing fence is not a permitted material under the original Special Use
Permit; and
WHEREAS, the applicant has also 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, as amend, 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:
2003-S UP08- REVISED
Page 1
TM 18484.76.000
SECTION 1. That Ordinance No. 03-1497 providing 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, is hereby amended to provide for the
following:
A. addition of a stage area;
B. new amusement water feature not to exceed 48.2 in height with a three (3') foot tall
canopy;
C. a themed play area/splash park, to provide for the existing buildings which were not
depicted on the site plan previously approved; and,
D. to amend the permitted fencing materials to allow for the material used to construct
the existing fence and that such materials be placed on the interior of the fence.
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. That all development shall be in conformance with the revised site plan as
provided in Exhibit "B," which is attached hereto and incorporated herein.
SECTION 3. That the Revised Site, which is attached hereto and incorporated herein as
Exhibit "B" be 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 ofthis 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.
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.
2003-SUP08-REVISED
Page 2
TM 18484.76.000
DULY
SSED by the City Council of the City of The Colony, Texas, this the ~ day of
,2007.
2003-SUP08-REVISED
APPROVED:
~uJ~
STIE WILSON, CITY SECRETARY
Page 3
TM 18484.76.000
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EXHIBIT A
METES AND BOUNDS DESCRIPTION
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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;
COMMENlNG at a 112-inch found iron rod wI "Dowdy" cap at the most southerly southwest
comer of Lot 14. Block J of the Legend Tails Phase n 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 6O-foot rigbt.of-way; thence Sooth 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 of 60.00 feet to a point for the intersection oCtile south or
southwest right of way line of Worley Drive and the west or northwest line of a lOO-foot
drainage and utility euertlent shown on said Memorial Park Site plat; thence continue South. 30
degrees 08 minutes 27 seconds West along the west OT northwest line of said 100 foot drainage
and utility easement for a distance of 343. 78 feet to a 112-inch set iron rod with yellow plastic
cap stamped ""fIALFF 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 lOO-foot drainage and utility easement the
fonowing calls and distances;
South 30 degrees 08 minutes 27 seconds West Cor a distance ofS8.69 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 degn:es 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
~utes 29 seconds and an are distance of938.66 feet to a set iron rod with cap for the
polnt of compound curvature of a tangent curve to the right having a radius of25.oo feet
and whose long chord beam North 73 degrees 40 minutes 24 seconds West a distance of
26.84 feet;
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THENCE northwesterly, departing said 1 OO-foot drainage and utility easement and along said
curve to the right though a central angle of 64 degrees 55 minutes 17 sect\uds and an arc distance
of 28.33 feet to a set iron rod with cap for the point of reverse curvature of a tangent curve to the
left having a r8dius of 125.00 feet and whose chord bears North 59 degrees 17 minutes 53
seconds West a distance of 77.61 feet;
THENCE northwesterly, along said curve through a central angle of36 degrees 10 minutes 14
seconds and an arc distance of78.9t feet to a set iron rod with cap for the point of reverse
curvature of a tangent curve to the right having a radius of2S.00 feet and whose chord bears
North 45 degrees 45 minutes 54 seconds West a distance of26.21 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 cwve to the left having a radius oC970.00 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 tOO-foot drainage and utility easement;
Tll.ENCE along the east line of said l00-foot drainage and utility easement the following calls
and distances;
Northerly, along said curve to the left through a central angle of OS degrees 01 minute 00
seconds and an arc distance of84.93 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 of72.62 feet to a set iron rod with cap; said point on the
east line of a SO-foot Lone Star Gas Easement as described in V olwne 734, Page 215 of
the Deed Records of Denton County, Texas (DRDCT);
THENCE North 17 degrees 12 minutes 16 ~ .East departing said tOO-foot dninagc and
utility easement and along the east line of said SO-foot Lone Star Gas &~t for a distance of
225.78 feet to a set iron rod with cap for the point of curvature oC a non-tangent curve to the left
having a radius of 61.50 feet and whose long chonl bears N<riJ. 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 are distance of28.57 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 S5 degrees 16 minutes 46 seconds East a distance of 119.58 feet;
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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 of29.00 feet and whose long chord bears
North 63 degrees 01 minute 03 seconds East a distance of 26. 1 I feet;
THENCE northeasterly, along said curve to the right through a centraJ angle of 53 degrees 30
minutes 30 seconds and an an: distance of 27.08 feet to a set iron rod with cap;
THENCE North 89 degrees 46 minutes 18 seconds East for a distanceofl09.57 feet to a set
iron rod with cap for the point of curvature of a tangent curve to the left haviDg 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.. ceotral8llgle of30 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. distance of212.44 feet to . set
iron rod with cap for the point of C1Il'V8tU1'e of. curve to the right having a radius of236.50 feet
and whose long chord bears North 88 ctegn,es 31111iulltes 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 of237.74 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
chcud bears South 46 degrees 09 minules 23 seconds.East a distance of33.54 feet;
THENCE southeasterly, along said CUlVe to the right through a central angle oC33 degrees 01
minute 31 seconds and an arc distance of34.01 feet to . set iron rod with cap for the point of
reverse curvature of a tangent curve to the left baving a radius of 69.00 feet and whose long
chord bears South 32 degrees 24 minutes 21 seconds East a distance of 6.65 feet;
THENCE southeasterly, along said CUlVe to the left though a centraJ. angle of OS degrees 31
minutes 24 seconds and an arc distance of6.65 feet to the POINT 0Ji' B.EGlNNING and
containing 331,111 square feet or 7.601 acres ofland, more or less.
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