HomeMy WebLinkAboutOrdinance No. 09-1810
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1810
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
ORDINANCE FOR A SPECIFIC USE PERMIT (2003-SUP08), AS
AMENDED, BY AMENDING THE SITE PLAN TO AMEND THE
PERMITTED FENCING AND AMENDING THE LANDSCAPE PLAN TO
AMEND THE SCREENING/LANDSCAPING MATERIALS FOR AN
AMUSEMENT WATER PARK LOCATED AT THE NORTHEAST
CORNER OF PAIGE ROAD AND MEMORIAL DRIVE, MORE
COMMONLY KNOWN AS 4400 PAIGE ROAD, 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, Ordinance No. 03-1497 has been amended several times since its 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 was
determined that the material used to construct the existing fence is not a permitted material under
the original Special Use Permit; and
WHEREAS, Ordinance No. 07-1727 was adopted on or about August 6, 2007 amending
the SUP by amending the site plan to provide for 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; and,
WHEREAS, the applicant is requesting to amend the site plan to amend the permitted
fencing and to amend the landscape plan to amend the screening/landscaping materials; and
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 03-1497, as amended, providing a specific use permit should be amended to
provided for an amended specific use permit to amend the fencing material and the
screening/landscaping material along Page Road and Memorial Drive.
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2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 03-1497, as amended by Ordinance No. 07-1706 and
Ordinance No. 07-1727, providing a Specific Use Permit 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 amendment:
A. to amend the fencing materials to allow for the removal of the super screen PDS,
PVC coded polyester weft inserted seventy percent (70%) shade, black in color, on
the existing fence; and
B. to allow landscaping, as specifically provided herein, to replace the fencing materials
being removed and to be used as the screening material along Paige Road and
Memorial Drive.
SECTION 2. That the property shall be developed only in accordance with Ordinance No.
03-1497, as amended by Ordinance No. 07-1706 and Ordinance No. 07-1727 and as amended
herein, and the additional special conditions as set forth herein below:
A. That the super screen PDS, PVC coded polyester weft inserted seventy percent
(70%) shade, black in color, shall be removed and the remaining cyclone fence shall
be repaired.
B. That landscaping shall take the place of the screening material and shall be placed
either immediately outside or inside the perimeter fence along Paige Road and
Memorial Drive.
C. That landscaping shall include an Evergreen or Cypress tree planted at seven (7')
feet on center at a minimum eight (8') feet high at the time of planting and a
minimum of five (5) gallon evergreen shrub planted at four (4') feet on center.
D. That all landscaping must be irrigated and properly maintained. Any and all dead
landscaping must be replaced within forty-eight (48) hours of notice by the City.
E. That upon any expansion of the park to east, the fencing and landscaping must be
expanded along Memorial Drive.
F. That the applicant shall be permitted to complete the improvements provided for
herein in two (2) phases, as follows:
(1) Phase I must be completed on or before August 1, 2009 and shall consist of
the repair of the existing cyclone fence and the installation of the landscaping
along the Paige Road portion of the site.
(2) Phase II must be completed on or before August 1, 2010 and shall include
repairing the existing fence and installing new landscaping along the
Memorial Drive portion of the site.
G. If the project is phased, the area that is not screened by the approved landscaping
shall be screened by the super screen PDS, PVC coded polyester weft inserted
seventy percent (70%) shade, black in color.
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2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
H. That all development shall be in conformance with the revised site plan, which is
attached hereto.
SECTION 3. That the Revised Site Plan, which is attached hereto and incorporated herein
as Exhibit "B," be, and the same is, 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, as amended by Ordinance No. 07-1706 and Ordinance No. 07-1727,
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.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 6th day of July,
2009.
APPRO D:
Ile- /4~/~`-``----~"-',;~
J McCOU Y, MAYOR
ATTEST:
CHRISTIE WILSON, CITY SECRETARY
APPROVE "S TO FORM
AVAA~'
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 05/29/09)
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2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
Being a 7.601 acre tract of land 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 w/ "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 of 21.00 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 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 1/2-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 100-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 of 916.05 feet;
Southwesterly, along said curve to the right through a central angle of 43 degrees 43
minutes 29 seconds and an arc distance of 938.66 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;
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 are 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 radius of 125.00 feet and whose chord bears North 59 degrees 17 minutes 53
seconds West a distance of 77.61 feet;
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2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
THENCE northwesterly, along said curve through a central angle of 36 degrees 10 minutes 14
seconds and an arc distance of 78.91 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 of 63 degrees 14
minutes 12 seconds and an arc distance of 27.59 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 of 84.91 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 of 72.58 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 of a 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 of 28.32 feet;
THENCE easterly, along said curve to the left through a central angle of 26 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;
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 of 26.11 feet;
THENCE northeasterly, along said curve to the right through a central angle of 53 degrees 30
minutes 30 seconds and an arc distance of 27.08 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
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2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
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 of 30 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 of 212.44 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 237.74 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 of 33 degrees 01
minute 31 seconds and an arc distance of 34.01 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 of 6.65 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 331,111 square feet or 7.601 acres of land, more or less.
Page 6
2003-SUP08-REVISED/SP09-0004 TM 37251.76.000
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A- J CITY OF THE COLONY, TEXAS
NOTE - 1 110 ff rv =E1, ABSTRACT No. 173, DENTON COUNTY
A-DELTA ENOINEERS, INC. DID NOT PERFORM PLANMNG OR DESIGN IN COLOM'. tFxA9 75056
SERVICES FOR 11f FX61MG PARKING LOT. THE PINKING LOT
- A~1, nFDRMATIge sHDWw WAS FRONDED ar THE cm s WNSIATAT. 971E21,310A R-DELTA ENGINERRB, INC.
R-DELTA DOES NOT WARNVG OR GUNNMEE THE INPGIMTMN 618 MAIN STRRRT GARLAND, TUA.9 75040
FACTLMES NO AS 7T PORARY: S110IM TO BE CORRECT OR PER Cm REOMREMENi3. R-MTA Ph... (972) 494-5031 FAY: (972) 487-7270
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