HomeMy WebLinkAboutOrdinance No. 07-1728
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- 11'2-f
OR/S/N4l
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
ORDINANCE NO. 99-1129, PLANNED DEVELOPMENT-16 (PD-16), BY
AMENDING THE PERMITTED LAND USES AND DEVELOPMENT
REGULATIONS FOR TRACT D, BEING APPROXIMATELY 5.38 ACRES
GENERALLY LOCATED NORTH OF STATE HIGHWAY 121 AND WEST
OF MORNING STAR ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, TO ALLOW FOR AN AGE RESTRICTED
SENIOR APARTMENT HOUSING DEVELOPMENT; PROVIDING FOR
THE APPROVAL OF THE AMENDED CONCEPT PLAN, WHICH IS
ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENAL TY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about July 26,1999 the City Council approved Ordinance No. 99-1129
which established PD-16 in accordance with the zoning ordinance; and,
WHEREAS, Ordinance No. 99-1129 approved the approximate 35.3 acres contained in
Tract D for business park and commercial uses; and,
WHEREAS, the applicant has made a request that an age restricted senior apartment
housing development be allowed on the property; and
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 99-1129 establishing PD-16, Tract D, should be amended to allow for an age
restricted senior apartment housing development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 99-1129, Planned Development-16 (PD-16), be, and the
same is, hereby amended by amending the concept plan for Tract D to include multi-family zoning
use as provided in the Code of Ordinance and such use shall be limited to age restricted housing for
persons over fifty-five (55) years of age, being approximately 5.38 acres generally located north of
State Highway 121 and west of Morning Star Road and being more particularly described in Exhibit
"A," which is attached hereto and incorporated herein.
SECTION 2. That for the purposes of this Ordinance the following definitions shall apply:
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Age-restricted uses shall many any age restricted development for residents fifty-
five (55) years of age or older, which may be in any housing form, including
detached and attached dwelling units, apartments, and residences offering private
rooms. These uses may include on-site personal services such as recreational
facilities, assembly areas, and housekeeping but may not include full-time
congregate meals programs, full-time on-site medical treatment or nursing care.
SECTION 3. That the Amended Concept Plan and the Development Standards as
development regulations for an age restricted senior apartment housing development use provided
for herein, which are attached hereto and incorporated herein as Exhibits "B" and "C," respectively,
be and the same are hereby approved and shall govern the development of said property.
SECTION 4. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 99-1129, PD-16, as
amended, and the development standards attached hereto as Exhibit "c."
SECTION 5. 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 6. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 99-1129, as amended by Ordinance No. 05-1604 shall remain in full force and
effect, save and except as amended by this ordinance.
SECTION 7. 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 8. 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.
~~~SS~ by the City Council of the City of The Colony, Texas, this the & TA
day of ~ ,2007.
APPROVED:
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ATTEST:
e~~~ ~
CHRISTI WILSON, CITY SECRETARY
, CITY ATTORNEY
07)
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(
EXHIBIT A
LEGAL DESCRIPTION
34.5512 ACRE TRACT BElWEEN CENTER LINE OF
MORNING STAR BOULEVARD AND CENTER LINE
OF SO. COLONY BLVD. AT MEMORIAL DRIVE
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Tract C
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Being 1,505,051 square feet or 34.5512 aa-elract m land situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 174, City m the Colony, Denton County, Texas, and being the part m a called 781.450
acre trad of land conveyed to Paigel121 Partnership, Ltd. by Special Warranty Deed recorded in
County CI9fk File No. ~llO66033, Deed Records m Denton Coooty, Texas, and being more
particularly described as fonows:
COMMENCING at a found % inch iron rod at the intersection m the nortI'M9st line m Slate Hig'-Y
121 with the southwest line of the Burlington Northem Railroad (a variable width right of way at this
locaUon), said found % inch Iron rod being the ~st comer m the said 781.450 acre tract;
Thence, S 61019'26" W, with the northwest line of State Highway 121, a distance of 382.75 feet to a
point; Thence, S 57030'48- W, continuing with the northwest line of State Highway 121, a distance of
501.65 feet to a point; Thence S 61"20'10" W, continuing with the norlhwast line m Stata Highway
121, a distance m 2,547.58 feet to a point at the inlersection m the northwast line m Slate Highway
121 with the center lina m Proposed South Colony Boulevard (a proposed 100 foot right m way);
Thence, N 28040'20- W. with the center line of South Colony Boulevard, a distance of 968.11 feet to
the beginning of a tangent curve to the left with a cenlrat angle of 01026'30", a radius m 4,034.80 feet,
a chord distance m N 29"23'35" Wanda chord distance of 101.53 feet, Thence, N~,
continuing with the center line of South colony Boulevard and along said curve, an arc distance of
101.53 feet to the Point of Beginning, said point the beginning of a tangent curve to the left with a
central angle of 12010'57", a radius of 4,034.80 feet, a chord bearing of N 36012'18- Wand a chord
Jistance of 856.29 feet;
THENCE, Northwesterly, continuing with the center lina m pRlposed South Colony Boulevard and
along said ClIVe, an arc diatance m 657.91 feet to a point for a comer at the inlenlaction m pI'llpOSed
South Colony Boulevard with the center lina m pI'Op08ed Memorial Drive (a prtlposed 120 foot right of
way), said point the beginning of a non-tangent curve to the right with a central angle of 2D"56'52", a
radius m 3,820.00 feet, a chord bearing m N 59"38'56" E and a chord distance m 1,388.86 feet;
THENCE, Northeasterly, with the center line of Pf'OP08ed Memorial Drive and along said curve, an arc
distance of 1.396.62 feet to the point of tangency; >.
THENCE, N 7D"07'22' E, continuing with the center line m Memorial Drive, a distance m 449,66 feet
to a point at the Intersection m the center Una m Memorial Drive with the center line m MornIng Star
Boulevard (a 120 foot right m way), said point the beglmlng m a non-tangent curve to the Iaft with a
central angle m 0ll"24'O4", a radius m 5,730.00 feet, a chord bearing m S 16"39'51" E and a chord
distance of 839.43 feet;
T!'fENCE, Southeasterly, with the center line m Morning Star Boulevard and along said curve, an arc
d,stance of 840. 19 feet to a point for a comer;
THENCE, S 61 "20'10" W, departing the center line m Morning Star Boulevard, a distance of 1,545.74
lqet to the Point of Beginning.
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EXHIBIT "C"
DEVELOPMENT STANDARDS FOR PROPOSED PLANNED DEVELOPMENT
These PD Development Standards apply to the approximate 5.38-acre tract described in the legal
description (Exhibit "A") and the revised PD Concept Plan (Exhibit "B") attached hereto and
made a part hereof for all purposes.
A. Age-Restricted Senior Housing Development Standards (Tract D only).
1. Land Uses Allowed.
a. Age Restricted Senior Housing, which shall be defined according to the State of
Texas and Federal Fair Housing Laws, including but not limited to the following:
(1) 100% of the occupied units are occupied by at least one (1) person which is
fifty-five (55) years of age or older, or handicapped;
(2) The housing facility or community publishes and adheres to policies and
procedures that demonstrate their intent to meet all provisions of the Housing
for Older Persons Act of 1995;
(3) The housing facility or community complies with all rules issued by the
Secretary of Housing and Urban Development for verification of occupancy;
(4) The housing facility has significant facilities and services specifically
designated to meet the physical or social needs of older persons.
b. Private streets
c. The following uses shall be permitted on "Tract D" as an accessory use to age-
restricted senior housing:
(1) Barber and Beauty Shop;
(2) Cafeteria / Common dining facilities;
(3) Chapel;
(4) Community Center;
(5) Drug store / Pharmacy;
(6) Game Court;
(7) Greenhouse;
(8) Handcrafted art work studio;
(9) Health Studio;
(10) Instructional Art Studio;
(11) Medical Treatment Services (such as a medical clinic, physical therapy
services, inhalation therapy, and other related uses);
(12) Office;
(13) Private recreation club or area;
(14) Retail store (food and other goods);
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(15) Snack Bar;
(16) Swimming pool.
2. Maximum number of units. The approximate 5.38-acre tract described as Tract "D" may
contain not more than 145 multi-family units, all of which shall be "age-restricted" as
defined above.
3. Building Height. Building height shall not exceed 60 feet. Multi-story buildings shall be
required to provide interior elevators.
4. Maximum Building Coverage as a percentage of lot are - 45%
5. Masonry Requirement. Building shall contain 100% masonry products, defined as brick,
stone, or exposed aggregate, excluding window and doors. The exterior building material
shall comply with the Gateway Overlay regulations.
6. Unit Sizes. The minimum unit size shall not be less than 700 s.f. and the average unit
size shall not be less than 800 s.f. All units shall have interiors finished out in a like and
similar manner to other Churchill Residential age-restricted properties.
7. Parking. No less than 1.3 parking spaces per unit shall be provided. Any attached or
detached garages or carports shall be approved during the review of the site plan (with
building elevations), and shall be constructed with material matching the primary
structure.
8. Common Recreation Amenity. The Age-Restricted Senior Housing area shall have
clubhouse facility including residence dining areas and a kitchen. In addition, other
amenities such as an exercise club and pool shall be provided.
9. Phasing. No phasing of multi-family development shall be allowed.
10. Screening from adiacent uses. Additional landscaping and/or screening shall be provided
on all perimeter property lines adjacent to other uses. This may consist of solid
landscaping such as hedgerows or a combination of iron (tubular steel) fencing and
landscaping, or as otherwise approved by the Planning and Zoning Commission. A detail
of this screening shall be included with the site plan submission.
11. Owner and/or management shall annually provide by affidavit or sworn statement
evidence that all of the rental units are leased, or subleased or rented to age restricted
qualified persons as defined herein.
12. That applicant shall file and obtain approval of a scaled site plan, landscape plan and
elevation fa<;;ade plans.
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