HomeMy WebLinkAboutOrdinance No. 09-1802CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1802
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AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE
CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM AGRICULTURE ("A") AND
SINGLE-FAMILY ("SF") TO PLANNED DEVELOPMENT-23 ("PD-23") TO
ALLOW FOR MIXED USE DEVELOPMENT FOR RESIDENTIAL, OFFICE
AND RETAIL USES ON APPROXIMATELY 322 ACRES OF PROPERTY
LOCATED NORTH OF LEBANON ROAD AND BOYD ROAD, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, WHICH IS
ATTACHED HERETO AS EXHIBIT `B"; PROVIDING FOR
DEVELOPMENT STANDARDS, REGULATIONS AND CONDITIONS,
WHICH ARE ATTACHED HERETO AS EXHIBIT "C"; 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 Planning and Zoning Commission and the governing body of the City
of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. Z09-0002
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in zoning from Agriculture ("A")
and Single-Family ("SF") to Planned Development-23 ("PD-23") to allow for mixed use development for
residential, office and retail uses on approximately 322 acres of property located north of Lebanon Road
and Boyd Road, and being more particularly described in Exhibit A, attached hereto and
incorporated herein for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
City of The Colony Zoning Ordinance, except as set forth in the Development Standards,
Regulations and Conditions, which are attached hereto and incorporated herein as Exhibit C.
SECTION 3. That the Site Plan, which is attached hereto as Exhibit B and made a part
hereof for all purposes, is hereby approved.
Page 1
TM 35948.76.000
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance 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 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION S. 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 Comprehensive Zoning
Ordinance of the City of The Colony, as heretofore amended, and upon conviction shall be punished
by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. 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
April, 2009.
ROVED:
JO DILLARD, MAYOR
ATTEST:
CHRISTI U f.,SON,-CITY SECRETARY
Y'
APPROVED AS TO FORM:
f Q J ,
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ROBERT E. HA , CITY ATTORNEY
(REWcdb 0 09)
5
Page 2
TM 35948.76.000
Exhibit "A" to Planned Development District Ordinance
LEGAL DESCRIPTION
322.81 ACRES
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey,
Abstract 170, a part of the B.B.B. & C.R.R. Survey, Abstract 179,a part of the B.B.B. & C.R.R.
Survey, Abstract No. 182, a part of the Thompson D. Luckett Survey, Abstract No. 751, and a
part of the J. Robertson Survey, Abstract No. 1507, and being all of that 250.65 acre tract of land
described as Tract 1 and being a part of that 62.75 acre tract of land described as Tract II,
conveyed to Wynnwood Peninsula Partners, L. P. in a Special Warranty Deed dated December
21, 2007 recorded in Document No. 2007-146787 Deed Records Denton County, being a part of
that 48.769 acre tract of land conveyed to Wynnwood Peninsula Partners, L.P. in a Special
Warranty Deed Dated January 16, 2008 recorded in Document No. 2008-5640, Deed Records
Denton County, being a part of Lebanon Road (a variable width right-of-way), being a part of
Boyd Road (a prescriptive use right-of-way), and being further described as follows:
BEGINNING at a five-eights inch iron rod found for the southeast corner of said 250.65 acre
tract of land, said point being in the west line of that tract of land described as Tract II conveyed
to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169, Deed Records
Denton County;
THENCE along the south line of said 250.65 acre tract of land as follows:
South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a five-eights inch iron
rod found for corner;
South 88 degrees 45 minutes 10 seconds West, 801.03 feet to a one-half inch iron rod
found for corner;
South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a one-half inch iron
rod set for corner;
North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a Corp of Engineer
monument found for corner;
South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a Corp of Engineer
monument for corner;
North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a Corp of Engineer
monument found for the southwest corner of said 250.65 acre tract of land, said point being in
the east line of Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the west line of said 250.65 acre tract of land and along the east line of said
Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
North 24 degrees 36 minutes 59 seconds East, 556.05 feet to a point for corner;
North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for corner;
North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for corner;
North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for corner;
South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a Corp of Engineer
monument for corner;
North 64 degrees 05 minutes 52 seconds East, 376.74 feet to a Corp of Engineer
monument for corner;
North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a Corp of Engineer
monument for corner;
North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a Corp of Engineer
monument for corner;
North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for corner;
North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for corner;
North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a Corp of Engineer
monument for corner;
North 05 degrees 32 minutes 05 seconds East, 662.31 feet to a Corp of Engineer
monument for corner;
North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a Corp of Engineer
monument for corner, said point being the southwest corner of Wynnwood Haven Estates, an
addition to the County of Denton as recorded in Cabinet E, Page 209, Map Records Denton
County;
THENCE along the south line of said Wynnwood Haven Estates as follows:
North 83 degrees 53 minutes 31 seconds East, 100.47 feet to a one-half inch iron rod
found for corner;
North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a one-half inch iron rod
set for corner;
North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a railroad spike found
for the southeast corner of said Wynnwood Haven Estates and said point being in the center of
Boyd Road (a prescriptive use right-of-way);
THENCE North 01 degrees 02 minutes 51 seconds West, 157.91 feet along the east line of said
Wynnwood Haven Estates and along the center of Boyd Road to a one-half inch iron rod found
for corner;
THENCE North 01 degrees 38 minutes 55 seconds West, 158.18 feet along the east line of said
Wynnwood Haven Estates to a Corp of Engineer monument found for corner, said point being in
the southeast line of said Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the southeast line of said Garza-Little Elm Dam and Reservoir (Lake
Lewisville) as follows:
North 78 degrees 19 minutes 06 seconds East, 65.66 feet to a one-half inch iron rod
set for corner;
North 49 degrees 05 minutes 28 seconds East, 322.05 feet to a Corp of Engineer
monument found for corner;
North 62 degrees 33 minutes 24 seconds East, 1112.30 feet to a one-half inch iron rod
found for corner;
North 36 degrees 39 minutes 40 seconds East, 762.29 feet to a one-half inch iron rod
found for the northwest corner of said 250.65 acre tract of land;
North 36 degrees 45 minutes 05 seconds East, 71.39 feet to a Corp of Engineer
monument found for the southwest corner of said Tract II, said point being the most southerly
southeast corner of 48.769 acre tract of land, and said point being in the north line of Boyd Road
(a prescriptive use right-of-way);
THENCE along the northerly line of said Tract II and along the southerly line of said 48.769 acre
tract of land as follows:
North 36 degrees 51 minutes 46 seconds East, 64.89 feet to a seven-eights inch iron
rod found for corner;
South 89 degrees 45 minutes 28 seconds East, 562.78 feet to a seven-eights inch iron
rod found for corner;
North 66 degrees 43 minutes 39 seconds East, 2028.02 feet to a seven-eights inch iron
rod found for corner;
North 52 degrees 21 minutes 59 seconds East, 962.29 feet to a seven-eights inch iron
rod found for corner;
South 41 degrees 15 minutes 03 seconds East, 627.56 feet to a seven-eights inch iron
rod found for corner;
North 72 degrees 49 minutes 11 seconds East, 118.08 feet to a point for corner;
THENCE North 00 degrees 02 minutes 08 seconds East, 370.33 feet to Corp of Engineer
monument found in the north line of said 48.769 acre tract of land and said point being in the
southeast line of said Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE South 41 degrees 03 minutes 50 seconds East, 553.16 feet along the north line of said
48.769 acre tract of land and along the southeast line of said Garza-Little Elm Dam and
Reservoir (Lake Lewisville) to a point for corner;
THENCE South 00 degrees 01 minutes 00 seconds West, 1423.56 feet to a point in the south line
of said Tract II and said point being in the center of Lebanon Road;
THENCE South 89 degrees 05 minutes 25 seconds West, 1699.75 feet to a one-half inch iron rod
found in the south line of said Tract Two, said point being at the intersection of the north line of
Lebanon Road with the north line of Boyd Road;
THENCE South 89 degree 15 minutes 51 seconds West, 519.62 feet along the south line of said
Tract II and along the north line of Boyd Road to a point for corner;
THENCE South 52 degrees 16 minutes 40 seconds West, 3644.68 feet to a five-eights inch iron
rod found in the east line of said 250.65 acre tract of land;
THENCE South 00 degrees 46 minutes 53 seconds East, 2347.37 feet to the POINT OF
BEGINNING and containing 14,061,478 square feet or 322.81 acres of land.
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Tribute West Planned Development District Ordinance
Standards, Regulations, and Conditions
SECTION I
1.1 Concept Plan.
(a) The Concept Plan indicates general locations and delineations of tracts
within the PD District. The Concept Plan is accompanied by the Use and
Development Standards (Attachment "C", Section II) which establish the
permitted uses, development densities and special development standards.
The boundaries of each tract shown on the Concept Plan are approximate.
The acreage shown for each tract shall be subject to minor refinement and
adjustments at the time of development plan approval based on final
placement and design of bounding thoroughfares and exact determination
of buildable areas within each tract, provided the tracts are platted in a
manner conforming substantially to the tracts shown on the Concept Plan.
(b) Concurrently with the submittal of each preliminary plat, the applicant
shall submit an updated Concept Plan for the Property to illustrate the
intended development of the entire Property at that point in time and
taking into consideration areas that have been or are being platted at that
point in time. The updated Concept Plan shall delineate the intended land
use categories for each area within the Property, such as single family
detached, single family attached, multi-family, commercial, or mixed use.
The ability to transfer density and proposed uses throughout the Property
as the Property is developed in phases is inherent in the flexibility of this
PD District. Flexibility is important in order to respond to changes in
market conditions, as well as unforeseen design influences which may be
discovered during final planning and engineering design. It is intended,
however, that the overall plan components be generally consistent with the
original Concept Plan included with the PD Ordinance. To insure
conformance with this intent, each updated Concept Plan shall include a
table describing the land use, acreage, and number of lots for each platted
phase of development within the Property, as well as cumulative totals for
the entire Property. Each updated Concept Plan shall, at a minimum,
include the level of detail required by this paragraph, as well as the level
of detail shown on the original Concept Plan.
1.2 Development Plans.
(a) Prior to or concurrently with the submittal of a preliminary plat for all or a
portion of the Property, the developer shall submit a development plan to
the City for the area included within the plat. Each development plan shall
contain the information required by Section 10-664 in the Zoning
Ordinance. The development plan shall also include a preliminary master
layout of street light locations throughout the area covered by the plan, as
Page 5
Exhibit C of PD-23 TM 35948.76.000
well as a conceptual signage plan for that area. Public access trails
connecting different areas within the Property must be shown on
development plans. Public areas, like plazas and patios, are encouraged in
non-residential areas such as the town center area shown on the Concept
Plan. Where provided, public areas shall be shown on development plans
together with a list of proposed amenities within each public area, such as
fountains, landscaping, paving, and other similar features.
(b) Each development plan shall be considered by the City Council following
a recommendation by the Planning and Zoning Commission.
(c) Submittal of the first development plan for all or a portion of the Property
must occur no later than four years after the date of the adoption of this
PD Ordinance. If the first development plan has not been submitted to the
City within four years after the date of the adoption of this PD Ordinance,
the Director of Development Services shall notify the Planning and
Zoning Commission. After notice to the owner(s) of the Property and
review of the facts, the Planning and Zoning Commission may grant no
more than two six-month extensions or call a public hearing to determine
rezoning of the PD District. The zoning recommended by the Planning
and Zoning Commission shall be treated as a zoning amendment under the
Zoning Ordinance and State law.
(d) A development plan is not required to be accompanied by a plan for
permanent care and maintenance of common areas or communally-owned
facilities. The maintenance of such areas may addressed at a later stage in
the development process. The developer may create a home owners
association to address maintenance concerns for common areas.
1.3 Site Plan.
(a) Prior to the issuance of any building permit for development other than
single family detached development (including amenity centers and other
similar uses related to single family development), a site plan meeting the
requirements of Section 17 in the Zoning Ordinance shall be submitted for
the portion of the Property that will be the subject of a building permit
application. Each site plan shall be considered and approved in accordance
with Section 17 in the Zoning Ordinance.
(b) Following a recommendation from the Planning and Zoning Commission,
and only if requested by the applicant, the City Council may approve an
alternative site plan for one or more lots that includes standards that differ
from those in this PD Ordinance, including standards that are more or less
restrictive than those in this PD Ordinance.
Page 6
Exhibit C of PD-23 TM 35448.76.000
SECTION H
2.1 Definitions. All uses listed in Sections 2.2 through 2.4 shall have their ordinary
and customary meanings and shall be broadly construed to allow permitted uses.
In addition, the following uses shall have the following meanings:
(a) Multi-family (garden): Any multi-family use that is not defined herein as a
multi-family (mid-rise) use.
(b) Multi-family (mid-rise): A multi-family use that is vertically or
horizontally integrated with non-residential into a single mixed use
project. Examples include, but are not limited to, multi-family dwelling
units located above retail shops. Multi-family (mid-rise) uses are not
required to be located above non-residential uses or in the same building
as non-residential uses; however, they are required to be a fundamental
component within an overall mixed use project. Multi-family (mid-rise)
uses should be designed to give their residents convenient and easy access
to the non-residential portions of the mixed use project.
2.2 Tract 1.
(a) Purpose. The purpose of Tract 1 is to provide for a "commercial center"
development located at the entry of the PD District. Tract 1 is intended to
include commercial uses, retail, restaurants, offices, and similar uses. It
may also incorporate multi-family (mid-rise).
(b) Permitted Uses. Permitted uses shall include all uses authorized by the
Zoning Ordinance in the SC (Shopping Center) or GR (General Retail)
zoning districts. Where the SC or GR zoning district requires an SUP for a
particular use, an SUP shall be required. The following additional uses are
permitted by right:
(i) All uses authorized by the Zoning Ordinance in single family
zoning districts and the Townhouse zoning district.
(ii) Restaurants and banquet facilities.
(iii) Multi-family (garden).
(iv) Multi-family residential - mid-rise.
(v) Marina and marina related uses.
(vi) Aquatic related uses including, but not limited to, indoor and
outdoor public or private water parks, community swimming
pools, pool supply and service centers, boat sales, and service,
parts and accessory sales (inside and outside display)., boat, RV,
and similar vehicle storage (inside only), boat repair garage, inside
(body work not permitted).
(vii) Entry commercial.
Page 7
Exhibit C of PD-23 TM 35948.76.000
(viii) Golf, clubhouse, and related facilities.
(ix) Indoor and outdoor athletic facilities.
(x) Public and private primary and secondary schools.
(xi) Fire stations, police stations, and other emergency service
facilities.
(xii) Public or private parks and playgrounds.
(xiii) Community centers, public or private (including private amenity
centers).
(xiv) Temporary concrete batch plants.
(xv) Engine or motor repair shop.
(xvi) Assisted living center.
(xvii) Convenience store, including service station (motor vehicle fuel).
(xviii) Childcare center.
(xix) Hotel with meeting space.
(xx) Stable (commercial or private).
(xxi) Mini-warehouse.
(xxii) Model homes.
(xxiii) Temporary sales and/or construction trailers.
(xxiv) Customarily incidental accessory uses.
2.3
Permitted Uses - Tract 2.
(a) ose. The purpose of Tract 2 is to provide for a residential
development district consisting primarily of single-family and/or
townhouse units located in the center of the PD District. Tract 2 is also
intended to include other ancillary uses that will benefit the residential
uses
(b) Permitted Uses. Permitted uses shall include all uses authorized by the
Zoning Ordinance in single family zoning districts or the Townhouse
zoning district, as well as all customarily incidental accessory uses. The
following additional uses are permitted by right:
(i) Golf, clubhouse, and related facilities.
(ii) Indoor and outdoor athletic facilities.
(iii) Public and private primary and secondary schools.
(iv) Fire stations, police stations, and other emergency service
facilities.
(v) Public or private parks and playgrounds.
Page 8
Exhibit C of PD-23 'rM 35948.76.000
(vi) Community centers, public or private (including private amenity
centers).
(vii) Temporary concrete batch plants.
(viii) Active adult and age restricted development
(ix) Assisted living center.
(x) Childcare center.
(xi) Stable (commercial or private).
(xii) Model homes.
(xiii) Temporary sales and/or construction trailers.
(xiv) Hotel with meeting space.
(xv) Customarily incidental accessory uses.
2.4
Permitted Uses - Tract 3.
(a) Purpose. The purpose of Tract 3 is to allow the developer substantial
flexibility to establish a town center consisting of a variety of uses. The
intended concept is to allow an expansion of the "old world" theme
already initiated by the Tribute golf course, clubhouse, and development
and to incorporate mid to high-density residential with compatible
planning adjacent to commercial, retail, office uses.
(b) Permitted Uses. Permitted uses shall include all uses authorized by the
Zoning Ordinance in the BP (Business Park), SC (Shopping Center), or
GR (General Retail) zoning districts. Where the BP, SC, or GR district
requires an SUP for a particular use, an SUP shall be required. The
following additional uses are permitted by right:
(i) All uses authorized by the Zoning Ordinance in the single family
zoning districts and the Townhouse zoning district.
(ii) Conference center.
(iii) Restaurants.
(iv) Multi-family (garden).
(v) Multi-family (mid-rise).
(vi) Restaurants and banquet facilities.
(vii) Marina and marina related uses.
(viii) Golf, clubhouse, and related facilities.
(ix) Indoor and outdoor athletic facilities.
(x) Public and private primary and secondary schools.
Page 9
Exhibit C of PD-23 TM 35948.76.000
(xi) Fire stations, police stations, and other emergency service
facilities.
(xii) Public or private parks and playgrounds.
(xiii) Community centers, public or private (including private amenity
centers).
(xiv) Temporary concrete batch plants.
(xv) Aquatic related uses including: Indoor and outdoor public or
private water parks, community swimming pools, pool supply and
service centers, boat sales, service, parts and accessory sales
(inside and outside display), boat, RV, and similar vehicle storage
(inside only), boat repair garage, inside (body work not permitted).
(xvi) Assisted living center.
(xvii) Convenience store, including service station (motor vehicle fuel).
(xviii) Childcare center.
(xix) Stable (commercial or private).
(xx) Model homes.
(xxi) Temporary sales and/or construction trailers.
(xxii) Hotel with meeting space.
(xxiii) Customarily incidental accessory uses.
2.5 Development Standards and Densitv.
(a) SC District Uses. The development of uses listed in the SC (Shopping
Center) zoning district shall be in accordance with the provisions of the
SC zoning district regulations set forth in the Zoning Ordinance, except as
otherwise provided herein.
(b) BP District Uses. The development of uses listed in the BP (Business
Park) zoning district shall be in accordance with the provisions of the BP
zoning district regulations set forth in the Zoning Ordinance, except as
otherwise provided herein.
(c) GR District Uses. The development of uses listed in the GR (General
Retail) zoning district shall be in accordance with the provisions of the GR
zoning district regulations set forth in the Zoning Ordinance, except as
otherwise provided herein. All non-residential uses expressly listed above
shall be developed in accordance with the provisions of the GR (General
Retail) district regulations set forth in the Zoning District, except as
otherwise provided herein.
Page 10
Exhibit C of PD-23 TM 35948.76.000
(d) Single Family. The development of uses listed in the Single Family
zoning districts in the Zoning Ordinance shall be in accordance with the
provisions of those zoning district regulations set forth in the Zoning
Ordinance, except as otherwise provided herein. The maximum density for
single family detached residential uses shall be six dwelling units per
gross acre based on the total acreage within the PD district, excluding the
20 acres dedicated to commercial development per Section 2.6 below.
Single family detached development is further limited by the overall
restriction on the number of dwelling units within the PD District as set
forth below in Section 2.5(h).
(e) Multi-Family (Mid-Rise). Multi-family (mid-rise) uses shall be developed
in accordance with the provisions of the GR (General Retail) zoning
district regulations set forth in the Zoning Ordinance, except as otherwise
provided herein. Multi-family mid-rise uses shall be limited to 60 dwelling
units per gross acre based on the total acreage within the PD District,
excluding the 20 acres dedicated to commercial development per Section
2.6 below, and are further limited to a maximum of 700 dwelling units
within the PD District. In addition, multi-family (mid-rise) uses are further
limited by the overall restriction on the number of dwelling units within
the PD District as set forth below in Section 2.5(h).
(f) Multi-Family (Garden). Multi-family (garden) uses shall be developed in
accordance with the provisions of the MF-3 zoning district regulations set
forth in the Zoning Ordinance, except as otherwise provided herein. Multi-
family garden uses shall be limited to 24 dwelling units per gross acre
based on the total acreage within the PD District, excluding the 20 acres
dedicated to commercial development per Section 2.6 below, and are
further limited to a maximum of 800 dwelling units within the PD District.
In addition, multi-family (garden) uses are further limited by the overall
restriction on the number of dwelling units within the PD District as set
forth below in Section 2.5(h).
Page 1 l
Exhibit C of PD-23 TM 35948.76.000
(g) Townhouse Uses. Townhouses shall be developed in accordance with the
provisions of the Townhouse zoning district regulations set forth in the
Zoning Ordinance, except as otherwise provided herein. Such uses shall be
limited to 12 dwelling units per gross acre based on the total acreage
within the PD District, and are further limited to a maximum of 600
dwelling units within the PD District. In addition, townhouse uses are
further limited by the overall restriction on the number of dwelling units
within the PD District as set forth below in Section 2.5(h).
(h) Cap on Number of Dwelling Units. A maximum of 1,893 dwelling units
are permitted on the Property unless sewer capacity for the Property is
increased beyond the capacity available at the time of the adoption of this
PD Ordinance, in which case the cap on the number of dwelling units may
be increased in proportion to any increase in sewer capacity.
(i) Uses Permitted in More than One Zoning District. If a use is permitted in
more than one zoning district referenced above in this Section 2.5, such
use may be developed in accordance with the standards of any zoning
district identified above that authorizes that use, provided, however, that
the specific standards in this PD Ordinance shall control over conflicting
standards in any zoning district referenced above in this Section 2.5.
2.6 Minimum Commercial Acreage. A minimum of 20 acres within Tract 1 shall be
developed with non-residential uses that may include, but are not required to
include, multi-family uses above the first floor.
2.7 Additional Regulations for Single Family Detached Uses.
(a) Landscaping. At least two trees that are a minimum of four inches in
caliper shall be provided in the front yard of each lot with a single family
detached home. Yards adjacent to streets shall be turfed with hydromulch
or sod.
(b) Image and General Theme. Landscaping throughout the single family
areas within the Property shall include the use of similar materials and
products to create a consistent image and level of quality. The general
theme of the single family areas within the Property will be reflected
throughout the development with special identifiers and signage.
(c) Minimum Masonry Exterior Requirement. At least 75 percent of the
cumulative area of all exterior first floor walls on a single family home,
excluding windows and doors, shall consist of masonry. At least 50
percent of the cumulative area of all remaining exterior wall space,
excluding doors and windows, shall consist of masonry. For purposes of
this provision, masonry is defined as brick, stone, stucco, and "wood-
look" materials such as hardi-plank.
Page 12
Exhibit B to PD-23 TM 35948.76.000
(d) Garages and Driveways. Garages may be either attached or detached from
the main structure. Tandem garages are permitted only on SF-40 lots.
Shared driveways are permitted for lots that are developed under the
standards for the following in Table 1: SF 50 (Zero Lot Line), SF 40 (Zero
Lot Line), or TH lots.
2.8 Residential Standards. Each platted phase of development within the Property
that includes single family uses shall include single family lots from one or more
of the categories found in Table 1. Each lot category shall be developed
according to the lot development criteria included in Table 1. All residential uses
shall comply with the applicable standards in Table 1. The requirements in Table
1 are the exclusive lot, area, setback, coverage, height, spacing, parking, and
dwelling unit size requirements applicable to the uses identified in Table 1.
Page 13
Exhibit C of PD-23 TM 35948.76.000
Table 1
DISTRICT
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Min.
Min.
CATEGORY
50'
40'
Min.
Min.
Min.
Min.
(Zero
Min.
(Zero
Min.
Min.
Min.
Criteria
80'
70'
65'
50'
lot
40'
lot line)
25'
lin
e
Minimum lot
See
Five
areas
12,000
9,000
7,000
5,000
4,750
4,000
3,750
2,500
Note 7
acres
Minimum lot
See
width ft
80'
70'
65'
50'
50'
40'
40'
25'
Note 7
80'
Minimum lot
width on curve
See
or cul-de-sac
Note 7
ft
75'
65'
55'
45'
45'
35'
35'
25'
80'
Minimum lot
See
depth ft
120'
100'
100'
100'
100'
90'
90'
90'
Note 7
120'
Minimum lot
depth on curve
See
or cul-de-sac
Note 7
ft
110'
95'
95'
95'
95'
85'
85'
85'
120'
Minimum front
See
and setback ft
25'
20'
15'
15'
15'
10'
10'
10'
Note 7
50'
Minimum
garage from
See
front property
Note 7
line ft
25'
20'
20'
20'
20'
20'
20'
20'
N/A
Minimum side
See
and setback ft
8'
7.5'
5'
5'
3'/ 7'
5'
3'/ 7'
N/A
Note 7
50'
Minimum side
yard setback on
See
a comer lot ft
15'
15'
10'
10'
10'
10'
10'
15'
Note 7
50'
Minimum
distance
between
buildings
N/A
N/A
N/A
N/A
N/A
N/A
10'
5'
None
20'
Minimum rear
See
and setback ft
20'
20'
20'
20'
10'
10'
10'
10'
Note 7
50'
Maximum lot
See
coverage %
50%
50%
50%
50%
60%
70%
75%
80%
Note 7
50%
1 space per unit
Minimum
2 per dwelling unit
Page 14
Exhibit C of PD-23 TM 35948.76.000
DISTRICT
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number of
for efficiency or
parking spaces
1B; 2 spaces per
unit for all other
units
Minimum
Dwelling Unit
Size in Square
Feet
1,800
1,800
1,800
1,800
1,800
1,600
1,600
1,500
600
600
Notes for Table 1:
1. If designated as "zero lot line" development, the minimum side
yards on a lot shall be three feet ("zero' side) and seven feet
maintaining a minimum of ten feet of separation between adjacent
structures. The "zero" side shall be designated on the final plat. A
two-foot use easement for the lot adjacent to the "zero" side shall
be established on the final plat.
2. Lot width shall be measured at the front building line.
3. Minimum dwelling unit size is measured as the air conditioned
floor area of a dwelling unit, exclusive of breezeways, garages,
patios, and accessory buildings.
4. A developer has the option of designating a single front yard for a
corner lot containing a single family detached use. The required
front yard shall be identified on the final plat.
5. The required parking spaces for single family detached and
townhouse uses must be enclosed.
6. A maximum ten-foot encroachment in the required front yard
setback area is permitted for one-story elements, such as a one-
story front porch.
7. Unless another standard is expressly stated in Table 1 for MF
(Mid-Rise) development, development shall comply with the least
restrictive standard provided by the SC, GR, or BP zoning district.
8. Any single family dwelling unit that meets the height limits
specified in Table 1 is deemed to be three stories or less in height
for purposes of the requirements of the International Residential
Code, as amended, regardless of the number of above or below
ground levels in the structure.
9. The term "height" means the vertical distance of a building
measured from the average established grade at the street line or
Page 15
Exhibit C of PD-23 TM 35948.76.000
from the front building line, whichever is higher, to the highest
point of the roof.
2.9 Development Standards for Non-Residential and Mixed Use Development.
(a) The maximum floor area ratio of each non-residential building or mixed
use building is 6:1.
(b) Buildings may be a maximum of ten stories in height, provided, however,
that buildings containing uses that are authorized by the BP (Business
Park) zoning district in Tract 3 are limited only by the maximum height
for structures established by the Federal Aviation Administration
consistent with the height regulations for the BP zoning district.
2.10 Buffers. Buffers required by Section 17A in the Zoning Ordinance shall only be
required in connection with multi-family or non-residential development. The
Director of Development Services may approve an alternative landscaping plan
that does not provide the required buffer if adequate alternative landscaping is
provided that meets the spirit and intent of the landscaping regulations in Section
17A in the Zoning Ordinance.
2.11 Parkin. Parking spaces shall be a minimum of nine feet in width by 20 feet in
length; however, a maximum of 35 percent of the required parking spaces for a
non-residential use may be compact parking spaces that are a minimum of 7.5 feet
in width and 16 feet in length.
2.12 Screening. Wood fencing materials may be used to satisfy the screening
requirements in the Zoning Ordinance.
SECTION III
The intent of this Planned Development district is to enable new designs and standards. It is
intended, therefore, that there may be a need for creative urban design standards, such as narrow
streets, smaller setbacks, and landscaping to enhance the developments. Specific proposals in
this regard will be presented in the platting process, and may necessitate increased fire protection
measures in order to be approved.
All streets being less than 31 feet (back to back) in pavement width shall be restricted to parking
on one side of the street. "No parking" sections shall be noted on the final plat and shall be
marked in accordance with the Texas MUTCD and Engineering Design Manual.
SECTION IV
Spacing for illumination standards will be allowed up to 400 feet (plus or minus 20 feet in
special situations). Light fixtures shall provide a minimum of one hundred watts metal halide
illuminations.
Page 16
Exhibit C of PD-23 TM 35948.76.000
SECTION V
Marketing signage advertising the development of the Property is permitted within the
boundaries of the Property. Such signage shall be substantially similar to that shown on
Attachment "D." The City Council may, following a recommendation by the Planning and
Zoning Commission, approve alternative marketing signage within the Property that is not
substantially similar to the signage illustrated on Attachment "D." Main marketing identification
signage may be double-faced, a maximum size of 150 square feet, and a maximum of 14 feet in
height. Village identification signage may be a maximum of 80 square feet and ten feet in height.
Amenity center, common area, and model home signage may be a maximum of 40 square feet
and eight feet in height. Marketing signage shall not be allowed within public rights-of-way or
easements without a City-approved encroachment agreement.
All non City standard street identification, directional, or regulatory signage must be maintained
by Developer or HOA. City maintenance will be limited to maintenance or replacement of
standard signage, in conformance with the TMUTCD.
Page 17
Exhibit C of PD-23 TM 35948.76.000