HomeMy WebLinkAboutOrdinance No. 08-1776
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1776
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
PLANNED DEVELOPMENT-ll (PD-ll), BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, BY AMENDING THE DEVELOPMENT
STANDARDS BY ALLOWING NINETY (900) DEGREE PARKING
BETWEEN THE BUILDING AND THE STREET AND MORE THAN TWO
(2) ROWS OF PARKING BETWEEN THE BUILDINGS AND THE
STREET, AND TO ALLOW FOR NO ARTICULATION ON THE SIDES OF
THE BillLDING THAT ARE NOT ADJACENT TO A PUBLIC RIGHT-OF-
WAY FOR PROPERTY LOCATED NORTH OF SH 121, WEST OF BLAIR
OAKS DRIVE, AND SOUTH OF MEMORIAL DRIVE, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "B", WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR REVISED
PARKING REQUIREMENTS AND BUILDING ARTICULATION
REQillREMENTS; PROVIDING FOR THE APPROVAL OF AN
AMENDED SITE PLAN, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS IN EXHIBIT "C"; PROVIDING FOR THE
APPROVAL OF AN AMENDED DEVELOPMENT PLAN FOR LOTS 1
AND 2, BLOCK A OF COLONNADE PLAZA, PHASE II, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "D";
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, the City Council approved the Planned Development zoning for PD-ll on or
about March 20, 1995; and
WHEREAS, the applicant has made a request to amend the Development Standards of
PD-ll to allow ninety (900) degree parking between the building and the street, to allow more than
two (2) rows of parking between the buildings and the street, and to allow for no articulation on the
sides of the building that are not adjacent to a public right-of-way for property located north of SH
121, west of Blair Oaks Drive, and south of Memorial Drive, and being more particularly described
in Exhibit B; and,
WHEREAS, after discussion and consideration, the City Council has determined that the
Revised Development Standards for PD-ll as provided herein should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
PO-II-REVISED
Page 1
TM 29913.76.000
SECTION 1. That Ordinance No. 881, PD-ll, being more particularly described in
Exhibit "A," which is attached hereto and incorporated herein, is hereby amended by amending the
Development Standards to allow ninety (900) degree parking between the building and the street, to
allow more than two (2) rows of parking between the buildings and the street, and to allow for no
articulation on the sides ofthe building that are not adjacent to a public right-of-way.
SECTION 2. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance, Ordinance No. 881, PD-ll, as amended,
and the Revised Development Standards as provided herein and herein adopted shall govern the
development of said property, and the following conditions:
(A) That all buildings must comply with Sections lOA-900(B)(1)( c) relating to
buildings articulation requirements except for the sides of the building that are not
adjacent to the public of right-of-way.
SECTION 3. That the Amended Site Plan and Amended Development Plan for Lots I
and 2, Block A of Colonnade Plaza, Phase II, which are attached hereto and incorporated herein
as Exhibits C and D, respectively, are hereby approved.
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. 00-1245 shall remain in full force and effect, 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.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 2nd day of
September, 2008.
APPROVED:
~.
PO-II-REVISED
Page 2
TM 29913.76.000
APPROVED AS TO FORM
0' · - 1\
~WL Ul{~
ROBERT E. HAGER, CITyVATTORNEY
(REH/cdb 03/07/07)
PD-I I-REVISED
ATTEST:
C~A'1 W~rv>
CHRl TIE WILSO , CITY SECRETARY
Page 3
TM 29913.76.000
EXHIBIT A
ORIGINAL
I
CITY OF THE COLONY, TEXAS
ORDINANCE NO..fiL
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
ITS COMPREHENSIVE ZONING ORDINANCE AND ORDINANCE
NUMBER 375; RATIFIED ON AUGUST 5, 1985, PROVIDING FOR THE
(GR) GENERAL RETAIL DISTRICT AND ESTABLISHING PLANNED
DEVELOPMENT NUMBER 2 FOR THE (MF-3) MULTI-FAMILY
RESIDENTIAL DISTRICT OR THE (GR) GENERAL RETAIL DISTRICT
IN LIEU OF THE (BP) BUSINESS PARK DISTRICI'; UPON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
STATE HIGHWAY 121 AND F.M. 423; AMENDING THE OFFICIAL
ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 14th day of February, 1995, the Planning and
Zoning Commission did consider and make recommendations on a certain request for a
change of zoning district and a Development District (Case No. 02-95Z1).
WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan
of the City of The Colony, as amended;
WHEREAS, the City Council, after determining all legal requirements of notice and hearing
have been met, has further determined the following amendment to the zoning laws would
provide for and would be in the best interest of the health, safety, morals, and general
welfare:
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1.
That Ordinance Number 375, ratified on August 5, 1985 is hereby amended in part.
Section 2.
That a certain 38.4 and 22.8 acre tract of land located at the northeast corner of the
intersection of State Highway 121 and F.M. 423, situated in the T. William Survey, Abstract
No. 1352, Denton County, Texas, and more specifically described on the attached Exhibit
A and B, are hereby rezoned and designated as a (GR) General Retail District and the
(MF) Multi-Family Residential District or the (GR) General Retail District, respectively.
Development shall conform to all conditions, restrictions and regulations of such district as
described in the Comprehensive Zoning Ordinance.
02-95Z1, The Colony Retail
TRAcr A AND B
Permitted uses shall be all principal and accessory uses which are allowed by right
in the (GR) General Retail District, in accordance with Appendix A, Section 10 of
the Comprehensive Zoning Ordinance, as amended, and shall be developed in
accordance with all applicable regulations of the (GR) General Retail District and
the Comprehensive Zoning Ordinance, as amended.
A Special Use Permit shall be required for all uses otherwise requiring a Special Use
Permit in the (GR) General Retail District, in accordance with Appendix A, Section
10 of the Comprehensive Zoning Ordinance, as amended. Such Special Use
Permit(s) shall be subject to the conditions established in Appendix A, Sections 10-
900 and 10-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be
developed in accordance with all applicable regulations.
TRACf C
Permitted uses shall be all principal and accessory uses which are allowed by right
in the (MF-3) Multi-Family Residential District or the (GR) General Retail District
, in accordance with Appendix A, Section 10 of the Comprehensive Zoning
Ordinance, as amended, and shall be developed in accordance with all applicable
regulations of the (MF-3) Multi-Family Residential District or (GR) General Retail
District and the Comprehensive Zoning Ordinance, as amended, except as otherwise
provide in Section 4 below.
A Special Use Permit shall be required for all uses otherwise requiring a Special Use
Permit in the (MF-3) Multi-Family Residential District or the (GR) General Retail
District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning
Ordinance, as amended. Such Special Use Permit(s) shall be subject to tbe
conditions established in Appendix A, Sections 10-900 and 10-2200 of tbe
Comprehensive Zoning Ordinance, as amended, and shall be developed in
accordance with all applicable regulations.
Section 3.
That development shall be in conformance with the Conceptual Development Plan, attached
hereto as Exhibit B.
Section 4.
That development shall be in accordance with the following special conditions, restrictions,
and regulations.
02-9SZ1, The Colony Retail
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TRAcrs A, B AND C
The acreage shown for each tract shall be subject to minor refinements and adjustments at the time
platting based on final placement and design of bounding thoroughfares and/or euct determination
buildable areas. An application for platting of the property shall not be submitted with six (6) montbsfro
the date of approval of this ordinance.
2. In the event the east/west thoroughfare is required to be increased to six traffic lanes it will be installed ,
no cost to the city. Cost will be born by the property owners adjacent to it.
TRACT C
1. Development of this tract shall be in accordance with either the (MF-3) Multi-Family Residential Distri4
or the (GR) General Retail District, but not both.
2. Development of the northeast comer of Tract C shall be in accordance with the (BP) Business Park distric
3. The maximum density for the multi-family development sball be 21 units per net acre.
Arcbltectural Features
4. Staggered wall line: A minimum four (4) foot offset between the relative front walls of two (2) adjacelJ
units in the same building shall be provided for every four (4) or fewer unit footprints. The offset 0
staggered area must be a minimum width of two (2) units. Exterior balconies do not qualify as an offse
area.
5. Roof slope: A minimum 12:12 roof slope shall be provided on a minimum of 80 percent of the footprin
projection of the total unit roof areas of each individual structure.
6. Brick column along front facade or full-height brick chimney:
a. A one (1) two-story brick column shall be provided for each four (4) unit footprints, with a minimun
of two (2) columns per building; or
-
b. One (1) exterior, full-height chimney, covered with field applied masonry without wood trim, ove)
prefabricated or field erected flues shall be provided for every four(4) footprint units (a minimum 0;
two (2) per building).
7. If each second floor and third floor unit is provided a minimum 32 square foot balcony, each balcony shaIJ
have the same roof materials as the roof of the main structure and a slope of at least 4:12.
8. Carports: H carports are constructed, these structures shall not be located parallel to and adjacent to the
street frontages, however, they may be constructed perpendicular to the street, parallel to the building. The
carports shall be constructed of materials that are architecturally compatible with the roof of the main
structure. Flat built-up roofs will be allowed only when all other materials meet the intent of this
paragraph (Le., prefabricated or other metal units are not considered compatible with brick. stone, stucco,
and/or wood siding and trim).
02-95Z1, The Colony Retail
~I
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8~ Masonry Requirements: When main buildings are two stories or less, 75% of the
entire main structure shall be constructed of brick, tile. cement, stone, or similar
materials however, when the main building is three stories in height, 50% of the entire
main structure shall be constructed of brick, tile, cement, stone, or similar materials.
Landscaping
,~. 9. A minimum 15 foot wide landscape buffer strip, exclusive of the parkway, shall be
provided along all street frontages with a right-of-way of 100 feet or more, and 10 foot
wide landscape buffer strip on streets with less than 100 feet of right-of-way.
10. The landscape buffer strip shall contain the following groups of plant material at a
minimum average density of one group for each 50 linear feet of the buffer strip:
a. One (1) large tree, three (3) small trees, and a berm of a minimum height of
three (3) feet; or
b. One (1) large tree, three (3) small trees, and shrubs
Large trees: (3) inch caliper trees at the time of planting. Small trees: a minimum
of eight (8) feet in height at the time of planting.
11. All surface parking lots shall be screened from view of all adjacent public streets. The
screening shall extend along the entire street frontage of the surface parking lot,
exclusive of driveways and access ways to the lot, and visibility triangles. In addition,
the following conditions shall be met:
a. The screen must be at a minimum height of three (3) feet and shall consist of any
of the following:
(1) Earthen berm planted with turf grass or ground cover with a slope not to
exceed 3:1 (width: height); or
(2) Evergreen shrubs which provide a solid visual barrier, a minimum of three
(3) feet in height within three (3) years of initial planting; or
(3) A Retaining wall that must comply with aU city standards.
. 17. The landscaping as outlined in (14) above shall be illuminated with commercial quality,
shielded, energy efficient fIXtures.
. ~3. All landscape areas, exclusive of the 100 year flood plain shall be served by a fully
automatic irrigation system.
\ ..~ 14. The developer shall preserve existing healthy trees along Office Creek. Should any
tree designated for preservation in the landscape plan die at anytime after approval
of the landscape plan or an issuance of a certificate of occupancy, the owner will
02-95Z1, The Colony Retail
.'
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replace the tree with equivalent species or a tree which will obtain the same height,
spread and growth characteristics. The replacement tree will be three (3) inches in
caliper and installed as directed by this ordinance.
, 1S. The developer shall provide a minimum five (5) foot wide, barrier-free meandering
public sidewalk adjacent to all thoroughfares.
Other Special Provisions
'16. Building Placement: Where three (3) or more buildings are within 100 feet of the
street right-of-way and have a footprint greater than four (4) units, one-third of these
buildings shall be turned such that their lengths are a minimum of 45 degrees to the
street right-of-way. The remainder may be parallel to tbe street.
17. Exterior lighting: Exterior lighting fIxtures, whether attached to buildings or free-
standing. shall be of a harmonious design. In no event shall "areal' lighting other than
"cut off" type fIXtures mounted 12' or less above grade be allowed to be mounted on
a building wall.
'. 18. Antenna and Satellite Dishes: The locations of antenna and satellite. dishes, shall be
reviewed at the time of site plan approval, .and shall be screened, if practical from
street right-of-way and adjacent properties.
19. Lighting: Exterior lighting fixtures, whether attached to building and/or free standing
shall be of harmonious design on all buildings either individually or jointly owned
within abutting lots within a tract.
b. All exterior light fIxtures regardless of type or location shall be of downlight or
"indirect cut off' type design so that the light bulbs are not directly visible.
c. Fixtures located in the yards adjacent to residentially zoned districts may be
mounted on the building less than 12 feet above average grade in the area. If
desired to be mounted greater than 12 feet above grade, they shall be mounted at
the property line on appropriately colored poles and directed so as not to shine
toward adjacent homes.
_ ;'20. All on-site utilities and utility connections shall be located underground, including
electrical, telephone and television cables and wires. The visual impact of transformers
or other utility company apparatus shall be soften by landscaping or screening within
the guidelines of the affected utility company.
Section 5.
That the Official Zoning Map is hereby amended to reflect the action taken herein.
Section 6.
Penalty Clause
02-95Z1, The Colony Retail
That any person, firm or corporation violating a provision of this ordinance, upon conviction,
is guilty of a misdemeanor and shall be subject to a fine in a sum not to exceed One
Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 7.
Severability Clause
That the provisions of this ordinance, if held invalid or unconstitutional by a Court of
competent jurisdiction, shall not affect the validity of the remaining portions of this
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 8.
Savings Clause
That Ordinance Number 61, otberwise known as the Comprehensive Zoning Ordinance, as
amended, shall remain in full force and effect. That Ordinance No. 375, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
Section 9.
That this ordinance shall become and be effective on and after its adoption.
PASSED AND APPROVED this tbe 20th day of March, 1995.
CITY OF THE COLONY
By:
..-.
William W. Manning, Mayor
A TrEST:
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"r:1iu' ( . .i~ L)/..;
Patti A Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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City Attorney
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Samuel D. Chavez, City Planner
02-95Z1, The Colony Retail
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EXHIBIT B
Legal Description
Being a 65.036 acre tract ofland situated in the Thomas Wilson Survey, Abstract Nol1352, Denton
Count, Texas and being a portion of Tract VI and Tract VII as described in deed to Centex
Development Company, L.P., recorded in Volume 2375. Page 688, Deed Records of Denton County,
Texas.
BEGINNING at the intersection of the northeast right-of-way line ofF.M. 423 (110' R.O.W.) as
recorded in Volume, 1154, Page 688. DRDCT and the northwest right-of-way line of Highway 121
(variable width R.O.W.)
THENCE with the northeast right-of-way line ofF.M. 423 the following four courses:
N 28032'47" W, a distance of 1219.78 feet to a highway monument found;
Along a curve to the right having a radius of 2808.53 feet, a delta angle of 11059'32", a long
chord that bears N 22033101" W a distance of 586.76 feet, and arc distance of 587.84 feet to a
5/8" iron rod capped "Carter & Burgess" set~
N 04001'44" W, a distance of99.75 feet to a 5/8" iron rod capped "Carter & Burgess" set;
N 11034'59" W, a distance of 126.23 feet to the center of Office Branch Creek;
THENCE with the meanders of Office Branch Creek the following courses:
THENCE N 88021'25" E, a distance of27.17 feet;
THENCE N 88009122" E, a distance of 116.74 feet;
THENCE S 75036'05" E, a distance of 102.35 feet;
THENCE sIr 11115" E. a distance of22.00 feet;
THENCE S 11 039'40" E, a distance of 82.26 feet;
THENCE N 80057'54" E. a distance of71.88 feet;
THENCE S 68034'52" E, a distance of 141.36 feet;
THENCE N 8r33'51" E, a distance of 61.25 feet;
THENCE S 83048'28" E, a distance of49.90 feet;
THENCE N 83055'55" E, a distance of57.26 feet;
THENCE N 70056'09" E, a distance of68.57 feet;
THENCE N 63020'57" E, a distance of 122.35 feet~
mENCE N 77038'5 I" E, a distance of 86.60 feet~
THENCE S 77026'02" E, a distance of76.59 feet~
THENCE S 49008'52" E, a distance of9S.73 feet;
THENCE S 48050122" E, a distance of68.93 feet;
THENCE N 47026'23" E, departing from the center of Office Branch Creek, a distance of 195.98
feet to a 5/8" iron rod capped "Carter & Burgess" set on the north right-of-way line of East Colony
Boulevard.
THENCE S 39005'12" E, a distance of 60.00 feet to a 5/8" iron rod capped "Carter & Burgess" set
on the south right-of-way line of East Colony Boulevard;
THENCE along a curve to the fight having a radius of 1350.00 feet, a delta angle of 15024'10", a
long chord that bears N 58036'53" E a distance of361.83 feet, an arc distance of 363.92 feet to a
112" iron rod capped found;
THENCE N 66018'58" E, a distance of69.21 feet to a 1/2" iron rod capped found at the intersection
of the south right-of-way line of East Colony boulevard and the west right-of-way line of Blair Oaks
Road;
THENCE along a curve to the left having a radius of 530.00 feet, a delta angle of 17042'12", a long
chord that bears S 19048156" a distance of 163.11 feet, and arc distance of 163.76 feet to a 1/2" iron
rod capped (D.E.C.) found;
THENCE S 28040'01" E, continuing with the west right-of-way line of Blair Oaks Road, a distance
of 1247.53 feet to a highway monument found;
THENCE S 16020'23" W, a distance of68.80 feet to a highway monument found on the northwest
right-of-way line of Highway 121;
THENCE with the northwest right-os-way line of said Highway 121 the following courses:
S 63019'23" W, a distance of683.33 feet to a highway monument found;
S 61020'23" W, a distance of535.14 feet to a highway monument found;
S 65054'49" W, a distance of 150.48 feet to a 5/8" iron rod capped "Carter & Burgess" set;
S 61020'23" W, a distance of200.00 feet to a 5/8" iron rod capped "Carter & Burgess" set;
THENCE N 73039'37" W, a distance of 111.71 feet to the POINT OF BEGINNING, and
containing 65.040 acres ofland, more or less.
EXHIBIT C
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