HomeMy WebLinkAboutOrdinance No. 2011-1927THE CITY OF T COLONY, TEXAS
O DINANC°E NO. 2011-1927
WHEREAS, on November 15, 2011, the City Planning and Zoning Commission and City Council
held a public hearing regarding the proposed adoption of Ordinance No. 2011-1927 establishing a
planned development district encompassing the property described by metes and bounds on Exhibit "A,"
and depicted on Exhibit "B" (the "Property") which exhibits are attached hereto and made a part hereof
for all purposes; and
WHEREAS, after holding a public hearing, the City Planning and Zoning Commission
recommended approval of Ordinance No. 2011-1927, and the City Council voted to approve the
adoption of Ordinance No. 2011-1927, and
WHEREAS, the City Planning and Zoning Commission and the City Council 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 all of the 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
City Council is of the opinion that this Ordinance shall be approved establishing a planned development
district encompassing the Property, and
WHEREAS, this Ordinance complies with the City's Comprehensive Plan and all other plans and
policies of the City; and
WHEREAS, the City Council has determined that the enforcement of Sections 10-2205, 10-2206,
and 10-2207 of Appendix A of the Code of Ordinances of the City of The Colony, Texas, as hereafter
amended (the "Regulations on the Sale of Alcoholic Beverages") in the instance of the Property and the
planned development district created by this Ordinance is not in the best interest of the public,
constitutes waste or inefficient use of land or other resources, does not serve its intended purpose, and is
not effective or necessary; and
WHEREAS, the City Council has determined that it is in the best interest of the community to
1775.010\21949.9
grant a variance exempting the Property from the Regulations on the Sale of Alcoholic Beverages; and
WHEREAS, the developer of the project authorized by this Ordinance filed plans for development
of such project with the City prior to the adoption hereof, and pursuant to Chapter 245, Texas Local
Government, the filing of such plans for development allows development of the project under the
Building Codes, as defined in Section XV1I.7 of Exhibit "C" attached hereto, which were in effect at the
time plans for development were filed with the City, and
WHEREAS, the planned development district established by this Ordinance is an area zoned for
commercial use for purposes of the applicability of the Federal Highway Beautification Act and related
State law; and
WHEREAS, the sign regulations authorized in this Ordinance are (a) consistent with the
regulations of the State of Texas and customary use; (b) conform to the requirements of the Federal
Highway Beautification Act; and (c) conform to the requirements stated in that certain agreement
between the State of Texas and the United States dated May 2, 1972, as amended through November 15,
2011, a copy of which is attached hereto as Exhibit "D"
NOW, THEREFORE, BE IT ORDAINED BY THE CITE' COUNCIL OF THE CITE' 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 by adapting this Ordinance No. 2011-1927 establishing a planned
development district encompassing all of the Property.
SECTION 2. That the regulations hereby adopted are set forth on Exhibit "C" attached hereto and
incorporated herein for all purposes.
SECTION 3. That the regulations set forth on Exhibit "C" shall be the sole and exclusive zoning
and sign regulations that shall apply to the Property, and except as otherwise provided on Exhibit "C",
shall not be modified or altered in any way without amending this Ordinance pursuant to the procedures
established for a change in zoning by Chapter 211, Texas Local Government Code, as amended, and the
Comprehensive Zoning Ordinance of the City of The Colony, Texas, as amended. Except as expressly
stated in this Ordinance, the provisions of the Comprehensive Zoning Ordinance of the City of The
Colony, Texas, as amended, and Ordinance 2011-1896, as amended (the general sign ordinance of the
City of The Colony, Texas), shall be inapplicable to the Property.
SECTION . That pursuant to Section 109.33(c) of the Texas Alcoholic Beverage Code, as
amended, the City Council for the City of The Colony, Texas, after consideration of the health, safety,
and welfare of the public and the equities of the situation, finds and determines that enforcement of
Sections 10-2205, 10-2206, and 10-2207 of Appendix A of the Code of Ordinances of the City of The
Colony, Texas, as to the Property is not in the best interest of the public, constitutes waste or inefficient
use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not
serve its intended purpose, and enforcement of said regulations as to the Property is not in the best
interest of the community.
SECTION . That pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, as
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amended, the City Council for the City of The Colony, Texas, does hereby grant to the Property a
variance from the enforcement and application of Sections 10-2205, 10-2206, and 10-2207 of Appendix
A of the Code of Ordinances of the City of The Colony, Texas, as amended.
SECTION . That all provisions of the Ordinances of the City of The Colony, Texas, in conflict
with the provisions of this Ordinance are hereby repealed, and all other provisions not in conflict with
the provisions of this Ordinance shall remain in full force and effect.
SECTION 7. 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 8. 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 and hereafter amended, and upon conviction shall be punished
by a fine not to exceed the suns 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 15`x' day of
November, 2011.
APPROVED:
ATTEST. /
i i
~i
¢ >3 ) d
CHRISTIE WILSON, CITY SECRETARY
APPROVED AS TO FORM.
JEFF MOO~RE, CITY ATTORNEY
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Exhibit "A"
Metes and Bounds Description of the Property
LEGAL DESCRIPTION
TRACT I
BEING a 5.02 acre tract of land situated in the B,B.B. & C.R. Survey, Abstract No. 173, City of The
Colony, Denton County, Texas, and being part of a tract of land described as Tract 11 as conveyed by
deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public
Records, Denton County, Texas. Said 5.02 acre tract of land being more particularly described by metes
and bounds as follows,
BEGINNING at a found 518 inch iron rod with KHA cap for corner, being the intersection of the south
right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right-of-way line
of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having
a radius of 1050.00 feet, a central angle of 50°34'13" and a long chord which bears South 64°2331„
East, 896.96 feet;
THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non-tangent
curve to the left, an are distance of 926.75 feet to a point for corner, being in the north line of a tract of
land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99-R0007181, Official Public
Records, Denton County, Texas;
THENCE South 89"58'40" West, leaving said southwest right-of-way line and fallowing along said
north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a tract of land
described as Tract F3, as conveyed by deed to Castle Hills Property Company, as recorded in Instrument
No. 2006-153339, Official Public Records, Denton County, Texas, and continuing with the north line of
said Castle Hills Property Company tract, for a total distance of 1210.45 feet to a point for corner;
THENCE North 00°25'18" West, with the northernmost east lime of said Castle Hills Property Company
tract, at a distance of 97,47 feet passing the northernmost comer, and continuing with said south right-
of-way line of State Highway 121, for a total distance of 226.47 feet to a point for corner;
THENCE continuing with said south right-of-way line of State Highway 121 as follows:
North 63°32'06" East, for a distance of 130.52 feet to a point for comer;
North 60°22'33" East, for a distance of 80.86 feet to a point for corner;
South 29°13'03" East, for a distance of 50.00 feet to a point for comer;
North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and
CONTAINING 218,740 square feet or 5.02 acres of land, more or less.
LEGAL DESCRIPTION
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T CT 2
BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344, the
B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and the M.D.T.
Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas, being part of a tract of
land described as Tract I as conveyed by deed to Maharishi Global Development Fund, as recorded in
Volume 4555, Page 281, Official Public Records, Denton County, Texas, being part of a called
122.8106 acre tract of land conveyed by Correction Deeds to Crow-Billingsley UMF Plano, Ltd., as
recorded in Instrument No. 2004-44212, 2004-44213, 2004-44214 and 2004-44218, Official Public
Records, Denton County, Texas, and being a part ofMcKamy Road (an unrecorded right-of-way) SAVE
AND EXCEPT those certain tracts of land conveyed in deeds recorded in Volume 5366, Page 977,
Instrument No. 2006-49955, 2006-49957 and 2006-75193, Official Public Records, Denton County,
Texas. Said remaining 377.68 acre tract of land being more particularly described by metes and bounds
as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre tract,
being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a
variable width R.O.W.) and the west right-of-way line of Burlington Northern Railroad (a 100 foot
R.O.W. at this point),
THENCE continuing with said west right-of-way line of Burlington Northern Railroad as follows:
THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being the
beginning of a tangent curve to the right having a radius of 3703.75 feet, a central angle of
13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet,
THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a point for
corner;
THENCE South 06'04'35" West, for a distance of 2524.64 feet to a point for corner;
THENCE North 83'l T00" West, for a distance of 190.16 feet to a point for corner;
THENCE South 00'51'51 " East, for a distance of 970.10 feet to a point for corner,
THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner;,
THENCE South 01'14'37" East, for a distance of 448.38 feet to a point for corner, being the
northeast corner of a tract of land conveyed by deed to Frankford Road Investors No. 1, as
recorded in Instrument No. 2006-49957, Official Public Records, Denton County, Texas,
THENCE North 87°06'22" West, leaving said west right-of-way line and following along the north line
of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for corner, being in the
northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-
tangent curve to the left having a radius of 1130.00 feet, a central angle of 103'16'58" and a long chord
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which bears North 38°43'34" West, 1772.16 feet,
THENCE continuing with said northerly right-of-way line of Plano road as follows:
THENCE northwesterly, along said non-tangent curve to the left, an are distance of 2036.97 feet
to a point for corner;
THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for comer, being the
beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central angle of
40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet
THENCE northwesterly, along said non-tangent curve to the right, an are distance of 664.77 feet
to a point for corner, being the beginning of a reverse curve to the left having a radius of 1050.00
feet, a central angle of 40°14'10" and a long chord which bears North 70°21'30" West, 722.31
feet;
THENCE northwesterly, along said reverse curve to the left, an are distance of 737.37 feet to a
point for corner;
THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for comer, being the
beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of
52°49'04" and a long chord which bears North 64°04'03" Nest, 845.07 feet;
THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point
for corner, being the most southerly point of a corner-clip with said south right-of-way line of
Sarre Rayburn Tollway (State Highway 121);
THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point for
comer, being in said south right-of-way line of Sam Rayburn Tollway (State Highway 121);
THENCE. continuing with said south right-of=way line of Sang Rayburn Tollway (State Highway 121)
as follows:
THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for comer;
THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for comer;
THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for comer;
THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 263,85 feet to a point for comer;
THENCE North 76°30'51 " East, for a distance of 92.27 feet to a point for corner;
THENCE North 65"56'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for comer;
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THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for comer;
THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for comer;
THENCE North 60"4738" East, for a distance of 64.12 feet to a point for comer;
THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for comer;
THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for comer;
THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for comer;
THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for comer;
THENCE North 65°20'10" East, for a distance of 189.41 feet to a point for comer;
THENCE North 61 °5623" East, for a distance of 100.02 feet to a point for corner;
THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for comer;
THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for comer;
THENCE North 66°30'16" East, for a distance of 201.00 feet to a point for comer;
THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for comer;
THENCE North 66°30'16" East, for a distance of 100.50 feet to a point for comer;
THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for corner;
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for comer;
THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF BEGINNING and
CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less.
LEGAL DESCRIPTION
T CT 3
BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the B.B.B. &
C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being all of a called
27.073 acre tract of land conveyed by deed to Sealy Spring Creels Partners, L.P., as recorded in
Instrument No. 2007-83 1 3 6 and all of a called 23.990 acre tract of land conveyed by deed to Whiteford
Limited Partners, as recorded in Instrument No. 2004-132215 Official Public Records, Denton County,
Texas. Said 51.11 acre tract of land being more particularly described by metes and bounds as follows.
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BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy Spring Creep
Partners tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State
Highway 121) (a variable width R.I.W.) and the west right-of-way line of West Spring Creek Parkway
(a 160 foot R.G.W.);
THENCE South 29"24'43" East, along said west right-of-way line of West Spring Creek Parkway, for a
distance of 265.52 feet to a point for comer, being the beginning of a non-tangent curve to the right
having a radius of 970.00 feet, a central angle of 29°13'42" and a long chord which bears South
14°53'13" East, 489.48 feet;
THENCE southeasterly, along said west night-of-way line and said non-tangent curve to the right, an arc
distance of 494.83 feet to a point for comer,
THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of 476.17
feet to a point for comer, being the northeast comer of said Whiteford Limited Partners tract;
THENCE South 00°2335" East, continuing along said west right-of-way line, for a distance of 864.92
feet to a point for comer, being the northeast comer of Lot 1, Block A, Kings Ridge Addition, Phase
Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat Records, Benton
County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the south line
of said. Whiteford Limited Partners tract and the north line of said Block A, Kings Ridge Addition,
Phase Three, being a common line, for a distance of 1199.93 feet to a point for comer, being the
northwest comer of Lot 23 of said Block A, Kings Ridge Addition, Phase Three, being in the east right-
of-way line of Burlington Northern Railroad (a 100 foot R.C.W. at this point), and being the beginning
of a non-tangent curve to the left having a radius of 3487.75 feet, a central angle of 8°31'36'° and a long
chord which bears North 01°45'21" West, 518.57 feet;
THENCE northwesterly, leaving said common line, and following along said east right-of-way line of
Burlington Northern Railroad and said non-tangent curve to the left, an are distance of 519.05 feet to a
point for comer;
THENCE North 06°4329" West, continuing along said east right-of-way line, for a distance of 345.89
feet to a point for comer, being the northwest corner of said Whiteford Limited Partners tract;
THENCE North 07°03'01 " West, continuing along said cast right-of-way line, for a distance of 628.03
feet to a point for comer, being in said south right-of-way line of Sam Rayburn Tollway;
THENCE North 60°45'58" East, leaving said east right-of-way line and following along said south right-
of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for comer;
THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of 585.96
feet to a point for comer;
THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of 369.37
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feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51,11 acres of land,
more or less.
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Exhibit "B"
Depiction of the Property (Not to Scale)
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Exhibit "C"
Development Regulations
1. Pennitted Uses.
A. List of Permitted Uses.
1. Land and buildings may be used for any of the uses listed in Table 1, but no land
shall hereafter be used, and no building or structure shall hereafter be erected, altered, or
converted, that is arranged or designed or used for other than those uses specified as
permitted uses in this Section I.A or in accordance with the provisions of Table 1.
2. In addition to the uses permitted in Table 1, one or more water wells may be
drilled on the Property for the purpose of accessing groundwater. A permit shall be
required prior to drilling a water well.
3. All oil and natural gas well drilling operations and related uses, including, but not
limited to, compression facilities, disposal wells, and ancillary storage, are expressly
prohibited. Gas pipelines necessary for the development of the Property are permitted.
B. Temporary Construction Offices. A temporary facility may be used as a construction
office for a period of four years. The City Manager or his designee shall have the authority to
grant one or more six-month extensions if construction is still active during each six-month
extension period.
C. Mobile Food Vendors. Mobile food vendors are governed by the mobile food vending
provisions of the Comprehensive Zoning Ordinance, as amended.
D. Radio Television and Wireless Communication Facilities. Radio, television, and
wireless communication facilities shall be governed by the provisions of the Comprehensive
Zoning Ordinance applicable to these types of facilities. For purposes of enforcing such
provisions, all of the Property shall be considered to be located in a nonresidential zoning
district. Stealth antenna faculties shall be permitted on the Property, subject to compliance with
the provisions for stealth antenna facilities set forth in the Comprehensive Zoning Ordinance.
E. Sale of Alcoholic Beverages. Pursuant to Section 109.33(e) of the Texas Alcoholic
Beverages Code, the City Council hereby grants a variance froze the requirements of Sections
10-2205, 10-2206, and 10-2207 of Appendix A of the Code of Ordinances of the City of The
Colony, Texas, as amended, with respect to the property within the boundaries of this PD.
H. Lot Area Setback, and Bulk Regulations. The minimum requirements set forth on Table 2 shall
apply to the Property.
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111. Off-Street Parking and Loading; Regulations.
A. Vehicle Parking Regulations.
I. Except as hereinafter provided, no building or structure or part thereof shall be
erected, altered, or converted for any use unless there shall be provided on the same lot or
within 750 feet of such lot vehicle parking according to the minimum parking ratios set
forth on Table 1. In computing the parking requirements for any building or
development, the total parking requirements shall be the sum of the specific parking
space requirements for each class of use included in the building for development.
Where fractional parking spaces result from the computation of these requirements, the
requirements shall be construed to be that of the nearest whole number.
2. Shared parking involving the same off-street parking stall to satisfy the off-street
parking requirements for two (2) or more uses shall be permitted if an applicant
demonstrates that the uses sharing parking have either mutually exclusive or compatibly
overlapping normal hours of operation.
3. Surface parking and commercial parking lots and garages are permitted, and may
be used to provide required or excess parking spaces. A fee may be charged for the use
of required or excess parking spaces.
4. All parking lots shall be constructed with a minimum of five inch (5") thickness,
3,000 psi compressive strength concrete at 28 days, and reinforced with #3 rebar on
eighteen inch (18") centers both ways, over six inch (6") compacted soil subgrade to 95
percent (95%) Standard Proctor Density, subject to a geotech study.
B. Parking of lighting. All parking lot lighting must be installed and operated so as not to
produce glare or cast direct illumination across the bounding property line. Low pressure
sodium lighting is prohibited. All lighting fixtures must be restricted to down-light or cut-off
types.
C. Off-Street Loading Regulations. All retail structures shall provide and maintain off-street
facilities for receiving and loading merchandise, supplies, and materials within a building as
follows:..
I . Off-street loading space shall consist of a minimum area of 10x45 feet.
2. A minimum of one (1) loading space or berth is required for a structure with
10,000 to 100,000 gross square feet of air conditioned floor area, One (1) additional
space or berth is required for each additional 100,000 gross square feet of air conditioned
floor area above the first 100,000 square feet.
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3. Access or drives to all off-street loading spaces and berths shall be located on
private property. No off-street loading space shall be accessed directly from a public
right-of-way.
4. In instances where three (3) or more sides of a building face dedicated streets,
loading berths and apron space must be located at the rear or side of the building. The
loading area must be screened from abutting streets by a combination of permanent
architectural and landscape elements such as walls, bernls, trees and shrubs so as to
distract, soften or interrupt the view of the casual observer, Such elements must be
installed along a minimum of fifty percent (50%) of the affected property line.
Screening must be to the height of the top of the dock door but no greater than eight feet.
(8') above the truck dock apron. When viewed at a perpendicular angle from the street,
the truck berths must be screened completely, except for driveway openings. Screening
shall be designed to allow adequate visibility for exiting traffic.
IV. Landscaping.
A. Minimum Landscape Area. A minimum of ten percent (10%) of the area of each platted
lot shall be landscaped. In lieu of satisfying this requirement on a lot by lot basis, this
requirement may be satisfied on the basis of a larger platted area that includes multiple lots. All
landscaped areas must be planted with trees, shrubs, lawn, and other living ground cover.
Landscape areas must be no less than four feet (4') wide and a minimum of thirty-two (32)
square feet in area.
B. Landscape Buffer. A landscape buffer with a minimum width of twenty feet (20') shall
be provided adjacent to the right-of-way line of SH 121, A landscape buffer with a minimum
width of ten feet (10') shall be provided adjacent to all other streets. Any such buffer may be
reduced to 75 percent (75%) of the minimum required width if the buffer includes a solid
screening wall. The landscape buffer (excluding any screening wall) may be provided wholly or
partially within the unimproved portion of the adjacent public right-of-way. Required landscape
buffers shall include one (1) tree for every forty feet (40') or fi-action thereof of street frontage
along a platted lot. Trees must be a minimum of three inches (Y) caliper at the time of planting.
Trees may be either uniformly spaced or may be clustered depending on the overall landscape
design. Compliance with this provision may satisfy other provisions of these landscaping
requirements, such as the requirement for a minimum landscape area, to the extent the landscape
buffer is provided on private property instead of within the public right-of-way.
C. Parking Lot Landscaping. A minimum of 60 square feet of landscaping is required for
every twelve (12) parking spaces, and shall occur within the parking lot boundaries inside of
landscaped medians or islands that are not less than five feet (5') in width. Landscaped areas
must be provided within 120 feet of every parking space. Compliance with this provision may
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satisfy other provisions of these landscaping requirements, such as the requirement for a
minimum landscape area.
D. Screening; of Parking Areas. A wall, a berm, evergreen shrubs, or a combination of any
of these three (3) screening methods shall be used to screen surface parking lots from adjacent
public street right-of-way along SH 121 and Plano Parkway. The minimum screening height is
twenty-four inches (24"). Berns shall have a maximum slope of 3:1. Live screening materials
may be included in determining compliance with the other landscaping requirements of this
Section IV, such as the requirement for a minimum landscape area, the landscape buffer
requirements, and the parking lot landscaping requirements.
E. Protection of Existing; Trees During Construction. Existing trees and their root systems
that will be preserved and utilized to comply with the landscaping requirements must be
protected during construction through the use of barricades and fencing. Damaged or missing
trees must be replaced with an equal number of inches. Replacement trees shall be a minimum
of three inches (3") in caliper.
F. Irrigation. All landscaped areas (other than manicured mulched areas) must have fully
automated underground irrigation systems. Such systems that are connected to the public water
supply must contain adequate backflow prevention devices that are tested/inspected annually
and must have operable rain/freeze gauges.
G. Maintenance. The property owner shall maintain all trees, landscaped areas, and plant
materials in a vigorous and healthy condition, free from disease, pests, weeds, and litter. This
maintenance shall include but is not limited to: weeding, watering, fertilizing, pruning, mowing,
edging, mulching and other needed maintenance, in accordance with generally accepted
horticultural practices. All overhanging foliage shall be kept trimmed more than nine feet (9')
above curb level. The city may grant an extension of time where seasonal or adverse weather
conditions make replacement impractical.
H. Installation Deadline. All landscaping shall be completed, installed and maintained in
accordance with the approved landscape plan within six (6) months following the issuance of a
certificate of occupancy.
I. Landscape Plan Required. A landscape plan demonstrating compliance with the
provisions of this section for a specific lot shall be submitted to the City Manager or his designee
for approval at the time of application for a building permit. Every attempt will be made to
comply with the provisions of this section, and where the developer can demonstrate that
required elements are not feasible or fail to assure that the desired intent is achieved, the City
Manager or his designee may authorize modifications to this section. The plan shall be
prepared by a landscape designer or architect and submitted in a manner as prescribed by the
city. The plan shall clearly delineate and identify any existing and proposed landscape
Page 14
1775.010!21949.9
development to be used to satisfy the requirements of this section, and shall include the
calculations preformed to demonstrate compliance with this section. A landscape plan shall be
required to demonstrate compliance with this section only as it relates to a platted lot on which
construction is proposed. No tree survey shall be required in connection with the submittal of a
required landscape plan or to otherwise determine compliance with this Section IV..
J. Prohibited Trees. The following species shall not be planted to satisfy landscaping
requirements; Prohibited Tree List. Arizona ash, Cottonwood, Green ash, Hackberry, Mulberry,
Silver Maple, Sycamore, and Willow.
V. Corner Visibility. No landscaping materials, trees, signs, shrubs, fences, or walls shall be placed
within the following triangular areas which obstructs the view of motorists in excess of two feet (2') in
height at curb returns, or between the street and the access drives and parking aisles near the street yard
entries and exits, except trees with lower limbs pruned to a minimum height of eight feet (8') above
grade-
A. At the intersection of two (2) arterial streets or an arterial and collector street, the
triangular area formed by the street right-of-way lines and a line connecting them at points a
minimum of thirty feet (30') from the intersection of the right-of-way line.
B. At all other street intersections, the triangular area formed by the street right-of-way line
and a line connecting them at points twenty-five feet (25') from the intersection of the right-of-
way lines.
C. At all intersections of streets and alleys, the triangular area formed by the street right-of-
way line and the alley right-of-way line and a line connecting them at points fifteen feet (15')
from the intersection of the right-of-way line.
D. At all intersections of streets and driveways, I(1x3O foot triangular area formed by the
driveway pavement edge and the street right-of-way.
VI. Tree Preservation. There are no tree preservation requirements.
VII. Siegulations.
A. Generally, Except as otherwise provided in this Section VII, signs shall not be subject to
regulation, and no sign shall require a sign permit. With the exception of signs that are mounted
parallel to, and within eighteen inches (18") of, a building facade, all signs shall meet the wind
load requirements of the Texas Department of Transportation set forth in Table 3, regardless of
whether a sign permit is required.
B. Signs within 660 feet of SH 121. Any sign that is located within 660 feet of the SlH 121
right-of-way and whose message is visible from one (1) or more travel lanes of SH 121 shall be
subject to the following requirements.
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1775.010`21949.9
I . A sign pen-nit shall be required in accordance with the city's general procedures
for obtaining a sign permit. If a proposed sign meets the applicable requirements of this
Section VII, a sign permit shall be issued.
2. No sign or any part of any sign may move or rotate at a rate more often than once
each eight (8) seconds.
3. A sign may not contain or be illuminated by flashing, intermittent, or moving
lights, including any type of screen using animated or scrolling displays, except that this
provision does not apply to a sign that only provides public service information, such as
time, date, temperature, weather, or similar information.
4. A sign may be illuminated, but only by upward lighting of no more than four (4)
luminaires per direction of the sign face or faces of the structure, or downward lighting of
no more than four (4) luminaires per direction of the sign face or faces of the structure.
5. Lights that are a part of or illuminate a sign (a) must be shielded, directed, and.
positioned to prevent beams or rays of light from being directed at any portion of the
traveled ways of a regulated highway; (b) may not be of such intensity or brilliance as to
cause vision impairment of a driver of any motor vehicle on a regulated highway or
otherwise interfere with the driver's operation of a motor vehicle; and (c) may not
obscure or interfere with the effectiveness of an official traffic sign, device, or signal.
6. A neon light may be used on a sign only if. (a) the light does not flash; (b) the
light does not cause an undue distraction to the traveling public; and (c) the permit for the
sign specifies that the sign is an illuminated sign.
7. Each message on an electronic sign must be displayed for at least eight (8)
seconds. A change of message must be accomplished within two (2) seconds and must
occur simultaneously on the entire sign face. An electronic sign must contain a default
mechanism that freezes the sign in one (1) position if a malfunction occurs, and must
automatically adjust the intensity of its display according to natural ambient light
conditions. If the City Manager or his designee finds that an electronic sign causes glare
or otherwise impairs the vision of the driver of a motor vehicle or otherwise interferes
with the operation of a motor vehicle, the owner of the sign., within twelve (12) hours of
receipt of a written request by the City Manager or his designee, shall reduce the intensity
of the sign to an acceptable level, as determined by the City Manager or his designee, in
his or her sole discretion.
8. An electronic sign may not be illuminated by flashing, intermittent, or moving
lights; contain or display animated, moving video, or scrolling advertising; or consist of a
static image projected on a stationary object.
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1775D)0\2) 1949.9
9. Non-premise signs governed by this Section VII.B shall be spaced a minimum of
500 feet apart from each other, except that spacing requirements shall not apply to signs
separated by buildings, natural surroundings, or other obstructions which cause only one
(1) sign located within the specified spacing to be visible at any one (1) time.
10. Freestanding non-premise signs shall not exceed 1,000 square feet in area,
excluding supports. The maximum size limitation applies to each side of a sign. A
freestanding non-premise sign shall be setback a minimum of five feet (5') from the
right-of-way line of SH 121. A maximum of six (6) freestanding non-premise signs may
be constructed to a maximum height of 150 feet. All other freestanding non-premise
signs shall be limited to a maximum height of 60 feet. Sign height shall. be measured
from the base of the sign to the highest point of the sign. Sign height is measured as the
distance from the ground at the base of a sign to the highest point of the sign.
11. Non-premise signs attached to buildings shall not exceed 1,200 square feet in
area, and no portion of such signs may be located more than 100 feet above the base of
the building.
12. Notwithstanding anything to the contrary herein, non-premise signs within 660
feet of SH 121 whose message is visible from one (1) or more travel lanes of SH 121
shall comply with the applicable requirements mandated by the agreement between the
United States and the State of Texas dated May 2, 1972, as amended (the Federal/State
Agreement). A sign that is lawfully constructed under the regulations in force at the
time a sign permit is issued shall be a legal, nonconforining structure notwithstanding
amendments to the Federal/State Agreement adopted after the erection of such structure.
In the event of a conflict between the regulations in this Section VII.B and the
Federal/State agreement, the Federal/State Agreement shall control.
13. Non-premise signs within 660 feet of SH 121 whose message is visible from one
(1) or more travel lanes of SH 121 shall not be pennitted until (a) the city becomes
certified to exercise local control over such signs; (b) the Texas Department of
Transportation approves the sign regulations in this Section VII that apply to such signs;
and (c) the Federal Highway Administration approves the sign regulations in this Section
VII that apply to such signs, to the extent required by the Texas Department of
Transportation.
C. Other Signs. Any sign that is located within 100 feet of a city-owned public right-of-way
and whose message is visible from one (1) or more travel lanes of such right-of-way shall
comply with Sections VII.B.2, VII_B.7, and VII.B.8 and shall require a sign penult in accordance
with the city's general procedures for obtaining a sign pen-nit.
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1775.{710\21949.9
D. Signs in the Public Right-of-Way. A license is hereby granted to the owner of property
adjacent to unimproved portions of the public right-of-way within, or adjacent to, this planned
development district to use such adjacent unimproved portions of the public right-of--way for the
purpose of installing and maintaining premise signs, subject to the following provisions:
I . Signs may be located adjacent to, or above, the improved portions of a roadway.
No portion of a sign shall be located above a vehicular surface unless a vertical clearance
of a minimum of fourteen feet (14') is provided.
2. No sign in the public right-of-way may display streaming video or have messages
that change more frequently than once every eight (8) seconds.
3. No sign in the public right-of-way may move or rotate at a rate more often than
once each eight (8) seconds.
4. Signs, such as banners, may be attached to street light poles or other structural
supports in the public right-of-way.
5. A sign permit shall be required for every sign in the public right-of-way. Sign
permits shall be processed in accordance with the city's general procedures for obtaining
a sign permit. If a proposed sign meets the applicable requirements of this Section VII, a
sign pen-nit shall be issued.
6. The rights conferred by this license shall be governed by a separate license and
use agreement approved by the City Council and signed by the City Manager, which shall
include, but not be limited to, limits on the number, type, and size of signs in the right-of-
way and minimum requirements for clearances for signs in the right-of-way.
E. Prohibited SiM. No person shall cause to be erected or maintained any sign using any
combination of forms, words, colors, or lights that imitate standard public traffic regulatory
signs, emergency signs, or signals.
F. Sign Pen-nits and Outdoor Advertising License.
1. Local. A sign permit application shall be approved or denied within forty-five
(45) days of the date the filing of a complete sign permit application with the city. If no
action is taken on a sign permit application within such forty-five (45) day period, the
sign pen-nit shall be deemed to be approved. If a proposed sign meets the applicable
requirements of this Section VII, a sign permit shall be issued. This paragraph applies
only to the extent a sign pen-nit is otherwise required by this Section VII. If the State
requires a sign to meet more restrictive regulations than those set forth in Section VII.B,
an applicant shall be required to demonstrate compliance with the more restrictive State
law prior to issuance of a sign permit by the city.
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1775.010121.949.9
2. State. For signs regulated by Section VII.B, State law may require a State-issued
sign permit and outdoor advertising license in addition to any permit required by this
Ordinance.
G. Miscellaneous.
1. Sign area shall be measured as follows:
a) For a freestanding sign, the sign area is the area within a minimum
imaginary rectangle of vertical and horizontal lines that fully contains all
extremities of the sign, excluding its supports. This rectangle is calculated from
an orthographic projection of the sign viewed horizontally. The viewpoint for this
projection that produces the largest rectangle must be used.
b) For a sign attached to a building, the sign area is the area within a
minimum imaginary rectangle of vertical and horizontal lines that fully contains
all of the text and graphics associated with a single sign.
VIII. Utilities. At the time of development, all electrical service lines, including feeder lines, on the
portion of the Property under development must be placed underground. Where the City Manger or his
designee determine that the underground installation of feeder lines is not feasible, the City Manager or
his designee may waive the requirement to place such lines underground. This requirement applies only
to electrical service lines that serve the portion of the Property under development.
IX. Dumpsters. Dumpsters shall not be located within view from any public street, or shall be
screened from vier from a public street with a minimum six foot (6') tall screening wall. Screening
walls shall incorporate a solid gate to allow access. Screening of the dumpsters shall be of the same or
similar material as the primary structure.
X. Creation of Building Site. No permit for the construction of a building or buildings upon any
tract or lot shall be issued until a building site, building tract or building lot has been created by the lot
or tract appearing on a plat properly approved by the City Council and Planning and Zoning
Commission and filed in the plat records of Denton County where the lot or tract is located.
XI. Nonconforming Uses and Structures. Except as otherwise provided herein, nonconforming uses
and structures shall be governed by the provisions in the Comprehensive Zoning Ordinance pertaining to
such uses and structures. A use that is lawful at the time it is commenced, and a structure that is lawful.
at the time it is erected, shall constitute a legal, nonconforming use or structure, as applicable, in the
event of subsequent amendments to this Ordinance or other applicable laws, or subsequent acquisitions
of land by eminent domain or under threat of eminent domain, that affect compliance with all applicable
laws.
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1775,010\21949.9
XII. Board of Adjustment. The Board of Adjustment provisions in the Comprehensive Zoning
Ordinance shall apply.
XIII. Certificate of Occupancy. Except as otherwise provided in this paragraph, no building hereafter
erected, converted or structurally altered shall be used, occupied or changed in use and no land may be
used until a certificate of occupancy and compliance shall have been issued by the City Manager or his
designee stating that the building or proposed use of land or building complies with the provisions of
this planned development district and other applicable building laws of the City of The Colony. A
certificate of occupancy and compliance shall be applied for coincident with the application for a
building pen-nit and will be issued within ten (10) days after the completion of the erection, alteration, or
conversion of such building or land provided such construction or change has been made in complete
conformity to the provisions of this planned development district. A certificate of occupancy and
compliance shall state that the building or proposed use of a building or land complies with all the
building and fire laws and ordinances and with the provisions of these regulations. A record of all
certificates shall be kept on file with the city, and copies shall be furnished, on request, to any person
having a proprietary or tenancy interest in the land or building affected. The City Manager or his
designee may issue a temporary certificate of occupancy and compliance allowing occupancy and use of
all or a portion of a building in instances when all of the provisions of this planned development district
and other applicable building laws of the City of The Colony have not yet been satisfied upon making a
determination that (a) use and occupancy of the building under the terms of the temporary certificate of
occupancy and compliance will not present a hazard; and (b) sufficient safeguards are in place to assure
full compliance with this planned development district and other applicable building laws of the City of
The Colony not later than six months after the issuance of the temporary certificate of occupancy and
compliance.
XIV. Miscellaneous. The following provisions shall apply notwithstanding anything to the contrary in
any other ordinance of the city:
A. A fire lane may be delineated by using pavers, enhanced paving, painted red stripes, or
signage that adequately identifies the boundaries and location of the fire lane, as approved by the
City Manager or his designee.
B. The City Manager or his designee may approve speed limits within the boundaries of the
PD that range from twenty (20) to forty (40) miles per hour, notwithstanding the requirements of
Chapter 19, Section 19-10 of the city code, which requires streets within an urban district to have
a speed limit of thirty (30) miles per hour.
C. To the extent permitted by State law, the City Manager or his designee shall approve all
requested changes to an approved preliminary plat or final plat that satisfy the applicable
regulations of the city, and no additional approval of such changes shall be required.
Rage 20
1775,010'219499
D. There shall be no requirements for dedication of park land or payment of fees in lieu of
dedication of park land. There shall be no requirements for payment of fees for park
improvements.
E. There shall be no maximum building width.
F. The City Manager or his designee may approve increases to the maximum block length
and cul-de-sac lengths set forth in the city's subdivision ordinance and engineering design criteria
manual.
G. The City Manager or his designee may approve non-standard street lighting
improvements that do not meet the requirements of the city's subdivision ordinance or
engineering design criteria manual.
H. Approved infrastructure construction and grading plans are valid for three (3) years.
Construction of infrastructure must be completed within such three (3) year period.
L All or a portion of the Property may be included in a preliminary plat. A final plat may
include all or a portion of the land governed by an approved preliminary plat.
J. Driveway access to H 121 and all other roadways is permitted. A public marginal
parallel access street, alley, or private parallel access drive to serve the development or
individual lots fronting SH 121 or any other roadway shall not be required.
K. A subdivision of land does not include a division of land into parts greater than five (5)
acres, where each part has access and no public improvement is being dedicated.
L. Pursuant to the vested rights that have accrued under Chapter 245, Texas Local
Government Code, the Property shall be developed in accordance with the Building Codes. If
the city adopts a newer edition of any of the Building Codes, the developer may comply, but
shall not be required to comply, with all or a portion of the newer edition.
M. The City Manager or his designee may authorize modification to the minimum driveway
storage length and street geometries.
N. No security from a developer or subdivider shall be required in connection with stone
water erosion control.
XV. Amendments. Except as otherwise provided herein for minor amendments, these planned
development district regulations shall not be modified or altered in any way without following the
procedures established for a change in zoning by Chapter 211, Texas Local Government Code, as
amended, and the Comprehensive Zoning Ordinance. Upon a finding that an amendment will ensure the
protection of the adjacent property and does not otherwise adversely affect the health, safety, or welfare
Page 21
1775,010x21949.4
of the city, the City Manager or his designee may approve an administrative amendment to the
regulations in this Ordinance to provide for any of the following:
A. Up to a twenty percent (20%) decrease in the minimum off-street parking requirement
upon a finding that sufficient off-street parking will be provided for the proposed use(s);
B. An alternative form of dumpster screening that meets the spirit and intent of the
regulations in this Ordinance; and
C. An alternative landscape plan that does not meet the strict requirements of this Pl)
ordinance, but provides sufficient alternative landscaping consistent with the spirit and intent of
the regulations in this Ordinance.
XVL Building Permits. The City Manager or his designee shall approve a building pen-nit application
that satisfies all of the applicable regulations of the city.
:VII, Definitions. Words in the present tense include the future, words in the singular number include
the plural number and words in the plural number include the singular number: The word "building."
includes the word "structure;" the word "lot" includes the words "plot" or "tract;" the word "shall" is
mandatory and not discretionary. The definitions that apply to terms in this Ordinance are as follows:
1. Accessory use: A use that is customarily appropriate, subordinate, and incidental to the principal use
of land or buildings and that is located upon the same lot/tract therewith. An ATM is permitted as a
principal use and as an accessory use.
2. Assisted living: A residential establishment that provides personal care services, food, and shelter to
more than ten (10) persons who are unrelated to the proprietor.
3. Bank or savings and loan clffrce: A facility the primary use of which is the custody, loan exchange or
issue of money; the extension of credit; and the transmission of funds. This use does not include a
quick check-cashing service or pay-day loan establishment.
4. Bar, lounge or tavern: An establishment the primary activity of which is the sale and consumption
on the premises of beer, wine or other liquors, and where food service, if any, is secondary to the
sale of beer, wine or other liquors. It shall be presumed that an establishment is a bar, lounge or
tavern where 75 percent (75%) or more of the establishment's gross receipts is derived from the on-
premises sale of alcoholic beverages.
5. Beverage store: Facility for the sale of beer, wine and/or liquor not for on-premises consumption,
that derives 75 percent or more of its gross revenue from the on-premises sale of beer, wine and/or
liquor.
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1775.010\2I 949.9
6. Building: Any structure built for the support, shelter and enclosure of persons, animals, chattels or
movable property of any kind.
7. Building codes: the 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Residential Code, 2006 International Fuel Gas
Code, 2006 International Fire Code, 2006 International. Energy Conservation Code, and 2008
National Electrical Code, including all local amendments to such codes adopted by the City Council
prior to November 15, 2011.
8. Caliper: The diameter of the trunk of a tree measured twelve inches (12") above ground level. If a
tree is of a multi-trunk variety, the caliper of the tree is the sum of the largest trunk plus one-half
(1f2) the caliper of the remaining trunks.
9. Carnival or circus: A traveling show or exhibition sometimes housed in tents, and which has no
permanent structure or installation. Any carnival or circus having a total duration in any location of
less than one (1) month shall be considered a temporary carnival or circus and shall not be within
this definition. Any such temporary carnival or circus is subject to permit authorization under the
terms of the applicable codes or ordinances of the city.
10. Certificate of occupancy and compliance: An official certificate issued by the city through the
enforcing official which indicates conformance with or approved conditional waiver from the zoning
regulations and authorizes legal use of the premises for which it is issued.
11. City Council: The governing body of the City of The Colony, Texas.
12. Commercial amusement (inside): Any amusement enterprise wholly enclosed in a building,
including but not limited, to a bowling alley, a video arcade, or billiard parlor.
13. Commercial amusement (outside): Any amusement enterprise offering entertainment, concerts,
games of skill, and other similar amusement or leisure activities to the general public for a fee or
charge wherein any portion of the activity takes place outdoors, including but not limited to an
amusement park or theme park with or without rides, a golf driving range, an archery range, a
miniature golf course, a water park, and a car racing speed park. An arena and a concert hall are also
considered a commercial amusement (outside) use.
14. Commercial radio or television transmitting station: Facility for transmission of commercial
programming by radio or television within the commercial bands of the spectrum.
15. Comprehensive Zoning Ordinance: The general comprehensive zoning ordinance of the City of The
Colony in effect on November 15, 2011.
16. Concrete or asphalt hatching plant, temporary: Temporary facility for mixing concrete or asphalt
convenient to construction site.
Page 23
1775.0 10121949.9
17. Convention center: A publicly or privately owned or operated building that is designed to hold a
convention, where individuals and groups gather to promote and share common interests.
18. Coverage: The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves
shall be excluded fronn the coverage computations.
19. Day nursery or dray care center: A child-care facility that provides care for more than twelve (12)
children under fourteen (14) years of age for less than twenty-four (24) hours a day. For purposes of
this definition, the tern "child-care facility" shall have the same meaning as provided in Section
42.002 of the Texas Human Resources Code, as they same may be amended or superseded from time
to time,
20. Dwelling, multiple family: Three (3) or more dwelling units each occupied by not more than one (1)
family.
21. Dwelling unit: A building or portion of a building which is arranged, occupied, or intended to be
occupied as living quarters and includes facilities for food preparation and sleeping.
22. Electrical substation: Location for transforming electricity prior to distribution to individual
customers.
23. Fairgrounds: An outside area where a fair, circus, or exhibition is held.
24. Fancily: Any number of individuals living together as a single housekeeping unit, in which not more
than three (3) individuals are unrelated by blood, marriage or adoption.
25, Floor area: The total square feet of floor space within the outside dimensions of a building including
each floor level, but excluding cellars, carports or garages.
26. Furniture store: Facility for displaying and selling new furniture at retail; may also include
appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.
27. Government Building: A building owned or leased by a government agency and that is not
specifically covered by the other use regulations in this Ordinance, such as a city hall or fire station.
28. Height: The vertical distance of a building measured from the average established grade at the street
line or from the average natural front yard ground level, whichever is higher, to (1) the highest point
of the roof's surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height
level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling
towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas,
domes or spires, and parapet walls not exceeding ten feet (10') in height. If the street grade has not
been officially established, the average front yard grade shall be used for a base level.
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1775.5710`? 1949.9
29. Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a
gross weight of six thousand (6,000) pounds and not for regularly scheduled stops and subject to
approval by the City of The Colony.
30. Horne occupation: A home occupation is an occupation carried on in the home by a member of the
occupant's family, without the employment of additional persons, without the use of a sign to
advertise the occupation, without offering any commodity for sale on the premises, without the use
of equipment other than that customarily found in a household and which does not create obnoxious
noise or other obnoxious conditions to abutting residential property such as emission of odor,
increased traffic or generation of light or smoke, and where the use is carried on in the main
structure only. A home occupation specifically excludes the operation of a repair shop or garage,
antique shop, beauty shop, barber shop, plumbing shop, manufacturing process, or similar sales or
service activity on residential premises. Materials used in connection with any commercial use on a
residential lot or tract shall not be stored on said residential lot or tract except for company vehicles
of less than one (1) ton carrying capacity used for passenger transportation only.
31. Hotel: A temporary abiding place containing six (6) or more guest rooms or units famishing
customary hotel services such as linen, maid service and the use and upkeep of furniture, and
designed with interior access to all guest rooms.
32. Landscaped area: Any area which is permeable and capable of supporting living organic ornamental
or native plant material or waterscape. The landscape area must support trees, turf, ground covers,
seasonal color and/or shrubs.
33. Library, art gallery or museum (public): An establishment for the loan or display of books, objects
of art or science, or similar items.
34. Local utilities: The usual electric power, telephone, gas, water, sewer drainage lines and those in line
facilities such as gas regulating stations and water pumping stations but not to include above-ground
storage tanks, electrical transmission lines designed and constructed by the municipality or a
franchised utility company.
35. Lot: A lot which is part of a subdivision, the plat of which has been recorded in the office of the
county clerk of Benton County.
36. Lot depth: The mean distance between the front and rear lot lines.
37. Lot lines: The lines bounding a lot as defined herein.
38. Lot width: The width of a lot at the front building line.
39. Mobile food vendor: Any person or persons who operate or sell food from a stationary cart, or trailer
mounted on chassis, but without an engine for a period of fifteen (15) days or greater per year.
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1775,010\21949,9
Mobile food vendors who operate for fourteen (14) days or less shall be considered temporary food
service establishments, as defined by The Colony Code of Ordinances as it exists or is amended
from time to time.
40. Motor freight terminal: Facility for freight loading and freight storage.
41. Non-Premise Sign; Any sign that is not a premise sign.
42. Occupancy: The use or intended use of the land or buildings by proprietors or tenants.
43. C)ffice, general: A place for the regular transaction of business.
44. Parking, commercial lot or garage: A parking facility for parking vehicles, including trucks or
buses, where parking may be provided with or without charging a fee. Parking may be provided
with or without charging a fee.
45. Parking space: An enclosed or unenclosed all-weather surfaced area of not less than 144 square feet
(measuring not less than 9x18 feet) not on a public street or alley, together with an all-weather
surfaced driveway connecting the area with a street or alley permitting ingress and egress without
encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering
is done on the public street shall not be classified as off-street parking in computing the parking area
requirements for any use.
46. Personal Service: A facility for the sale of personal services that may include, but is not limited to,
the following types of personal service uses: a health studio or fitness center, a key shop, a post
office, a barber/beauty shop, a nail salon, a massage parlor licensed by the state, a shoe repair shop, a
tailor, an instructional arts studio, a photography studio, a laundry or cleaning pickup and receiving
station, a handcrafted art work studio, safe deposit boxes, a travel bureau, a custom printing or
duplicating shop, and a doggie day care. This use may also include a studio for art, music, ceramics,
sculpture, drama, speech, dance, or similar skills.
47. Planning and Zoning Commission: The agency appointed by the city council as an advisory body to
it relative to zoning matters and the physical development of the city and its environs.
48. Premise: For purposes of sign regulations, the entire planned development district shall be
considered a single premise.
49. Premise Sign: Any sign the content of which relates to the premises on which it is located, referring
exclusively to the following; the name of the owner or occupant of the premises, or the
identification of the premises; accommodations, services, or activities offered or conducted on the
premises; products sold, other than incidentally, on the premises if no more than seventy percent
(70%) of the sign is devoted to the advertisement of products by brand name or symbol, or the sale,
lease, or construction of the premises.
Page 26
1775.0110\21949.9
50. Recreation club or area, private: A building, park or recreation area, the use of which is restricted to
private membership such as by a church, neighborhood association, fraternal or social organization
and which may contain the normal active and passive facilities as provided in a public park or
playground.
51. Required aff-street parking: Parking spaces required by this Ordinance.
52. Restaurant: An establishment other than a bar, tavern or lounge where the primary activity is the
sale and service of food to customers. A restaurant may include dancing or entertainment, as well as
the sale of beer, wine or liquor in addition to the sale and service of food. A restaurant may include
drive-in or drive-thru service.
53. Retail stores and shops: Any retail establishment that offers consumer goods for sale, including, but
not limited to, the following types of retail establishments: a bookstore, a stationery shop, a clothing
store, a pharnacy or drugstore, a bakery, a beverage store, a grocery store or other food store, a shoe
store, a hardware store, a sporting goods store, a florist, a garden shop with or without plant sales, a
craft or hobby shop, an art supply store, an optical shop, outside sales, a home improvement store, a
paint and wallpaper store, a home goods store, a pet shop, and a bicycle shop (including
servicing/repair). Retail stores and shops may include outdoor sales as an accessory use.
54. Sign: Any outdoor form of publicity or advertising that can be viewed from a public right-of-way
and directs attention from the public right-of-way to an individual, business, commodity, service,
activity, or product, by means of words, figures, numerals, emblems, devices, trade names, or
trademarks, or other pictorial matter that communicates information of any kind to the public.
55. Street: Any thoroughfare, other than an alley, more than twenty-four feet (24') in width and which
has been dedicated or deeded to the public for public use.
56. Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner.
57. Studio, broadcasting andfor recording: Facility for broadcasting live or prerecorded programs by
radio and/or television; and/or recording on records, tapes, video tapes or other suitable recording
media. Such facility may perform activities necessary for recording programming and receiving of
radio and/or television signals. Such facility shall not engage in mass production.
58. Surface parking: Surface parking facility for required or excess parking where parking may be
provided with or without charging a fee.
59. Swimming pool (private): A swimming pool constructed for the exclusive use of the residents at a
apartment dwelling or hotel.
Page 27
1775.0 10'21949.9
60. Temporary field or construction afface: Temporary office and temporary material storage use in
connection with the property. This use may be permitted for a specified period of time in accordance
with a permit issued by the City Manager or his designee.
61. Theater, no drive-in: Facility for showing motion pictures or viewing live performances to an
audience inside an enclosed structure.
62. Video arcade: Facility of which the primary use is the operation of coin or token operated
amusement or entertainment machines.
63. Visible: Capable of being read or identified by a person with normal visual acuity.
64. Warehouse and distribution: Facility for commodities stored. This use may include a distribution
facility. No outside storage shall be classified as a warehouse.
"VIII, Interpretation, Purpose, and Conflict.
A. Except as expressly stated in these planned development district regulations, the
provisions of the Comprehensive Zoning Ordinance, as amended, and the general city sign
ordinance, Ordinance 2011-1896, as amended, shall be inapplicable to this planned development
district. These planned development district regulations shall be the sole and exclusive zoning
and sign regulations that shall apply to the Property, and shall not be modified or altered in any
way without amending this Ordinance pursuant to the procedures established for a change in
zoning by Chapter 211, Texas Local Government Code, as amended, and the Comprehensive
Zoning Ordinance.
B. The City Manager or his designee shall have the authority to interpret the regulations in
this Ordinance. This Ordinance shall be interpreted as broadly as possible to allow the uses
permitted hereunder.
Page 28
1775.010\22 1949.9
I ltie Permitted bl[17unrtm if-',beet Parking Rcqunen1Cn'L
Accessory uses Yes None - - - -
Assisted living
Yes
1:500
Bank or savings and loan office
Yes
1:500
Bar, lounge, or tavern
Yes
1:250
Beverage store
Yes
1:500
Bicycle sales and service (inside)
Yes
1:500
Carnival or circus
Yes
25 spaces per acre
Catering services
Yes
1:250
Commercial amusement, inside
Yes
6 spaces per lane for bowling alley; otherwise 1:300
Commercial amusement, outside
Yes
1:300 square feet of floor area, plus 1:1,000 square feet of site
area excluding parking area
-
Commercial radioiTV transmitting station
Yes
1:1,000
Concrete or asphalt batching plant (temporary)
Yes
None
Contractor or maintenance yard (temporary)
Yes
None
Convention Center
Yes
1:1,000
Day nursery/day care center
Yes
1:500
Dwelling, multiple family
Yes
1.5 spaces per dwelling unit
Electric substation
Yes
None
Fairgrounds
Yes
25 spaces per acre
Furniture store
Yes
1:500
Government building
Yes
1:1,000
Helistop
Yes
None
Home occupation (accessory use)
Yes
None
Hotel
Yes
1 per guest room
Library, art gallery, or museum
Yes
10 spaces plus 1:500
Mobile food vendor
Yes
None
Local utilities
Yes
None
Motor freight terminal
Yes
1:1,000
Office, general
Yes
1:500
Park or playground, private or public
Yes
None
Personal service
Yes
1:300
Radio, television, or communications facilities
Yes
None
Recreation club or area, private
Yes
1:500
Restaurant
Yes
1:200
Retail stores and shops
Yes
1:500
Studio, broadcasting and/or recording
Yes
1:1,000
Swimming pool, private
Yes
None
Temporary field office or construction office
Yes
None
Theater (no drive-in)
Yes
One space per 40 square feet of seating area
Warehouse and distribution
Yes
1:1,250
I Unless otherwise noted, the minimum off-street parking requirement is the number of parking spaces based on gross floor
area. For example, 1:100 means a minimum of one parking space is required for every 100 square feet of gross floor area or
fraction thereof Gross floor area means air conditioned floor area within a building.
Page 29
1775.010 ,21949.9
Tat-Ac .
1 N] ininw m building setback It om street ri~)Iit-ot-
None
way
Minimum lot area
None
Minimum lot width
100 feet
Minimum lot depth
100 feet
Maximum }wilding height
No limit, but subject to the federal flight overlay
restrictions
Maximurn floor area ratio (FAR)
Nane
Maximum lot coverage
None
Page 30
1775.010'\21949.9
` CIN C 3
Wind LoLld Pressure III Powids pez Square Foot
Height, in feet above ground, as
measured above the average level of
the ground adjacent to the structure
Pressure, pounds per square foot
0-5
0
6-30
20
31 - 50
25
51 - 99
35
100 - 199
45
200.299
50
300 - 399
55
400 - 500
60
501 -800
70
Over 800
77
Page 31
1775.010\21949,9
Exhibit 'ID"
Right of Way Manual
AGREEMENT
FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN
AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE
FEDERAL-AID PRIMARY SYSTEM.
THIS AGREEMENT made and entered into this 2nd day of may , 197`2,
by and between the United States of America, represented by the Secretary of
Transportation, acting by and through the Federal Highway Administrator, herein-
after referred to as the "Administrator," and the State of Texas, represented by
the State Highway Commission, acting by and through the State Highway Engineer,
hereinafter referred to as the "State," Witnessetht
WHEREAS, Congress has declared that Outdoor Advertising in areas adjacent to the
Interstate and Federal-aid Primary Systems should be controlled in order to pro-
tect the public investment in such highways, to promote the safety and recre-
ational value of public travel and to preserve natural beauty, and,
WHEREAS, Section 131(d) of Title 23, United States Code, authorizes the Secretary
of Transportation to enter into agreements with the several States to determine
the size, lighting and spacing of signs, displays and devices, consistent with
customary use, which may be erected and maintained within 660 feet of the nearest
edge of the right of way within areas adjacent to the Interstate and Federal-aid
Primary Systems which are zoned industrial or commercial under authority of State
law or in unzoned commercial or industrial areas, also to be determined by
agreement, and,
WHEREAS, Section 4(C) of Senate Bill No.. 3, adopted by the Second Special Session
of the 62nd Texas Legislature, authorizes the State Highway Commission to enter
into negotiations with the Federal Government with respect to the regulation and
control of Outdoor Advertising, and,
WHEREAS, the purpose of said agreement is to promote the reasonable, orderly and
effective display of Outdoor Advertising while remaining consistent with the
National Policy to protect the public investment in the Interstate and Federal-
aid Primary Highways, to promote the safety and recreational value of public
travel and to preserve natural beauty; and,
WHEREAS, the State of Texas desires to implement and carry out the provisions of
Section 131 of Title 23, United States Code, and the National Policy in order to
remain eligible to receive the full amount of all Federal-aid Highway Funds to
be apportioned to such State on or after January 1, 1966, under Section 104 of
Title 23, United States Code.
NOW, THEREFORE, in consideration of the premises aforesaid, the parties hereto
do mutually agree as follows;
I. Definitions
A. The Term "Highway Beautification Act" Means Section 131 of Title 23,
United States Code (1965) and for the purposes of this agreement, reference
PLATE 2B - Sheet 1 of 10 NEWNFMMEZW~
Page 32
1775.010\21949.9
Right of Way Manual
is made specifically to Title I of the said Highway Beautification Act of
1965.
B. A "zoned commercial or industrial area" under authority of State law
shall mean land that has been zoned as commercial or industrial by the State
or any political subdivision of the State to which legal authority has been
delegated by State law.
C. An "unzoned commercial or industrial area" shall mean an area in which
the land use is not zoned under authority of law but which is within a dis-
tance of 800 feet of one or more recognized commercial or industrial activi-
ties, however, within cities of 40,000 population or more, where no municipal
zoning is in effect, an "unzoned commercial or industrial area" shall mean
an area within 1500 feet of one or more recognized commercial or industrial,
activities, except that the area shall not include:
1. Land within 500 feet of a public park, public forest, public play-
ground or scenic area which is adjacent to the highway; or
2. Land within 500 feet of two or more residences; or
3. Land which extends further than 500 feet into undeveloped or agri-
cultural lands where such lands extend for one-half mile or more
on the same aide of the highway.
Other detailed characteristics of said areas:
1. Shall be located on the same aide of the highway as principal part
of said activity.
2. Not predominantly used for residential purposes.
D. "Commercial or industrial activities"' as used in "C" above mean those
customarily permitted only in zoned commercial or industrial areas except
that none of the following shall be considered commercial or industrial
activities:
1. Outdoor advertising structures,.
2. Agricultural, forestry, ranching, grazing, farming and related
activities including but not limited to temporary wayside fresh
produce stands.
3. Activities not housed in a permanent building or structure.
4. Activities not visible from the traffic lanes of the main traveled
way.
5. Activities conducted in a building primarily used as a residence.
6. Railroad right of way,
7. Activities more than 6601 feet from the edge of the right of way.
PLATE 2B - Sheet 2 n€ iO
Wage 33
1775.010121949.9
Right of Way Manual
All measurements should be from the outer edges of the regularly used build-
ings, parking lots, storage or processing areas of the commercial or indus-
trial activities and shall be along or parallel to the edge of the pavement
of the highway.
Measurements shall not be from the property lines of the activities unless
said property lines coincide with the regularly used buildings, parking
lots, storage or processing areas.
E. "National system of Interstate and Defense Highways and Interstate
System" means the system presently defined in Subsection (d) of Section 103
of Title 23, United States Code.
F. "Federal-aid Primary Highway," means any highway within that portion of
the State Highway System as established and maintained as a Primary Highway,
including extensions of such system within municipalities, which has been
approved pursuant to Subsection (b) of Section 103 of Title 23, United
States Code.
G. "Traveled way" means that portion of the roadway used for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
H. "Main traveled way" means the through traffic lanes exclusive of
frontage roads, auxiliary lanes and ramps.
I. "Outdoor Advertising" or "Sign" means an outdoor sign, light, display,
device, figure, painting, drawing, message, placard, poster, billboard or
other thing which is designated, intended or used to advertise or inform,
any part of the advertising or informative contents of which is visible
from any place on the main traveled way of the Interstate or Federal-aid
Primary Highway.
J. "Erect" means to construct, build, raise, assemble, place, affix, attach,
create, paint, draw or, in any other way, bring into being or establish
except when performed incidental to the change of an advertising message
or to normal maintenance or repair of an existing sign.
K. "Freeway" means a divided highway with full control of access.
II. Scope__o_f_Agreement
This agreement shall apply to all zoned and unzoned commercial and industrial
areas within 660 feet of the nearest edge of the right of way of all portions
of the Interstate and Primary Systems within the State of Texas in which
outdoor advertising signs, displays and devices, exclusive of official signs
and on-premise signs, erected subsequent to effective date of agreement or
regulation may be visible from the main traveled way of said system.
III. State Control
A. The State hereby agrees that, in all areas within the scope of this
agreement, the State shall effectively control, or cause to be controlled,
PLATE 213 - Sheet 3 of 10
Page 34
1775.010121449.9
Right of Way manual
the erection and maintenance of outdoor advertising signs, displays and
devices erected subsequent to the effective date of this agreement other
than those advertising the sale or lease of the property on which they are
located, or activities conducted thereon, in accordance with the following:
1. In commercial and industrial zones, the State may discharge its
obligation under this agreement by a certification that a political
subdividion has established and will enforce within. its geographical
jurisdiction standards and criteria for size, lighting and spacing
of outdoor advertising signs consistent with the purposes of the
Highway Beautification Act of 1965 and with customary use.
2. In all other zoned and unzoned commercial and undustrial areas,
the criteria set forth hereinafter shall apply.
B. Should any commercial or industrial activity located in an area which
has been defined as unzoned commercial or industrial area under Section One
(1) cease to operate, any signs in said unzoned commercial or industrial
area shall become nonconforming and shall be removed not later than five
years following the cessation of the operation of the commercial or indus-
trial activity.
G. The following signs shall not be permitted,
1. Signs which imitate or resemble any offical traffic sign, signal
or device.
2. Signs which are erected or maintained upon trees or painted or drawn
upon rocks or other natural features.
D. Size of signs.
1. A. No sign shall exceed the following limits:
(1) Maximum area - 1,200 square feet
(2) Maximum height - 25 feet
(3) Maximum length - 60 feet
B. All dimensions include border and trim, but exclude supports.
2. Double faced, back-to-back or V type signs shall be considered as
one sign.
3.. Signs which exceed 350 square feet in area may not be double faced
(stacked or side-by-aide).
E. Spacing of Signs: Interstate and Primary Highways,
1, Signs may not be located in such a manner as to obscure or otherwise
interfere with the effectiveness of an official traffic sign,
PLATE 2B - Sheet 4 of 10
Page 35
1775.010',21949.9
Right of Way Manual
signal or device, or which obstruct or interfere with the driver's
view of approaching, merging or intersecting traffic.
2. Signs may not be located within 500 feet of any public park, public
forest, public playground or scenic area designated as such by the
State Highway Department or other Governmental Agency having and
exercising such authority, which is adjacent to the highway.
3. Signs may not be located adjacent to or within 500 feet of inter-
changes, intersections at grade and rest areas on Interstate and
Freeway highways outside' incorporated municipalities or which will
tend to obscure or otherwise interfere with the driver's view of ap-
proaching, merging or intersecting traffic. Such distance shall be
measured along the highway from the nearest point of the beginning
or ending of pavement widening at the exit from, or entrance to, the
main traveled way.
4. Signs may not be erected on the Interstate and Freeway Primary Systems
closer than 500 feet apart on the some side of the highway..
5. Signs may not be erected on the non-freeway Primary System located
outside of 'incorporated cities, towns or villages 'closer than 300
feet apart on the same aide of the highway.
6. Signs may not be erected on the non-freeway Primary System in incor-
porated cities, towns and villages closer than 100 feet apart on the
same side of the highway.
7. The above spacing between signs shall not apply to signs separated
by buildings, natural surroundings or other obstructions which cause
only one sign located within the specified spacing to be visible at
any one time.
8. The above spacing rules do not apply to on-premise or directional
or other official signs, as defined in Section 131(c) of the Act,
nor shall measurements be made from such signs for the purposes of
this agreement.
F. Lighting: Signs may be illuminated, subject to the following
restrictions:
1.. Signs which contain, include or are illuminated by any flashing,
intermittent or moving light or lights are prohibited, except those
giving public service information such as time, date, temperature,
weather or similar information.
2. lights which are not effectively shielded as to prevent beams or
rays of light from being directed at any portion of the traveled
ways of the interstate or Primary Highway and which are of such
intensity or brilliance as to cause glare or to impair the vision
of the driver of any motor vehicle, or which otherwise interfere
with any driver's operation of a motor vehicle are prohibited.
PIATE 2B - Sheet S of 10
Page 36
1775.010\21949.9
Bight of Way Manual
3. No sign shall be so illuminated that it interferes with the effec-
tiveness of or obscures an official traffic sign, device or signal.
IN WITNESS WHEREOF the parties hereto have executed this agreement on this the
2nd day of May , 19 72
UNITED STATES OF AMERICA
DEPARTMENT OF T1tANSPORTATION
BY:
/e/ R. R. Bartelsmeyer
Dep. Federal Highway Administrator
STATE OF TEXAS
TF_RAS HIGHWAY COMMISSION
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway Commission.
BY:
/a/ J. C. Dingwall
Executed as State Highway Engineer and
approved for State Highway Commission
by Minute Number 60394 dated January
16, 1968, and Minute Number 66107
dated May 1, 1972.
APPROVED AS TO FORM:
Is/ Crawford C. Martin
Attorney General of Texas
PLATE 2B - Sheet 6 of 10
Page 37
1775.010"21949.9
Right of Way Manual
SUPPLEMENTAL AGREEMENT
WHEREAS, by Agreement made and entered into on the 2nd day of May, 1972, by and
between the United States of America, represented by the Secretary of Transpor-
tation, acting by and through the Federal Highway Administrator and the State of
Texas, represented by the Texas Highway Commission, acting by and through the
State Highway Engineer, the parties thereto agreed to carry out the National
Policy relative to control of Outdoor Advertising in areas adjacent to the
National System of Interstate and Defense Highways and the Federal-aid Primary
System; and,
WHEREAS, said Agreement defined among other items the limits for control of out-
door advertising in "unzoned commercial and industrial areas;" and,
WHEREAS, it is now apparent that the definition of °unzoned cosraercial and indus-
trial areas" for cities of 40,000 population or more is considered to be discrim-
inatory, vague and inconsistent with Senate Bill No. 3 adopted by the Second
Special Session of the 62nd Texas Legislature,
NOW, THEREFORE, in consideration of the premises aforesaid, the parties hereto
do mutually agree to modify the original agreement as follows:
Section I.C. beginning on page 2 is amended by changing the semi-colon after
the words "industrial activities" to a period and striking the following
language:
"however, within cities of 40,000 population or more, where no municipal
zoning is in effect, an 'unzoned commercial or industrial area' shall mean
an area within 1500 feet of one or more recognized commercial or industrial
activities, except that the area shall not include:
la Land within 500 feet of a public park, public forest, public playground
or scenic area which is adjacent to the highway; or
1. Land within 500 feet of two or more residences; or
3. Land which extends further than 500 feet into undeveloped or
agricultural lands where such lands extend for one-half mile or more
on the same side of the highway."
PLATE 2B - Sheet 7 of t0
Page 38
775,010'21949.9
Right of Way Manual
IN WITNESS WHEREOF the parties hereto have executed this supplemental agreement
on this the 17th day of July , 19 72
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
BY*
/s/ R. R. Bartelsme er
Federal Highway Administrator
STATE OF TEXAS
TEXAS HIGHWAY COMMISSION
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway Commission.
BY.
/s/ J. C. Dingwall
Executed as State Highway Engineer and
approved for State Highway Commission
by Minute Number 60394 dated January
16, 1968, and Minute Number 66107
dated May 1, 1972.
APPROVED AS TO FORM:
/s/ Crawford C. Martin
Attorney General of Texas
PLATE 2B - Sheet 8 of 10
Wage 3}
1775.Q 10\21949.9
Right of Slay Manual
SUPPLEMENTAL ACRERiENT N0. 2
WHEREAS, by Agreement made and entered into on the 2nd day of May, 1972, by and
between the United States of America, represented by the Secretary of Transpor-
tation, acting by and through the Federal Highway Administrator and the State
of Texas, represented by the Texas Highway Commission, acting by and through the
State Highway Engineer, the parties thereto agreed to carry out the National
Policy relative to control of Outdoor Advertising in areas adjacent to the
National System of Interstate and Defense Highways and the Federal-aid Primary
System; and
WHEREAS, said Agreement defined among other items the limitations on the size
of signs; and
WHEREAS, it is now apparent that the definition of size limitations is vague and
contradictory.
NOW, THEREFORE, in consideration of the premises aforesaid, the parties hereto
do mutually agree to modify the original Agreement as follows;
Section III, D. on pages 6 and 7 is amended by striking the existing language
in its entirety and substituting therefore:
D. Size of signs.
Shn_ 1. The maximum area for any one sign shall be 1200 square feet with a
maximum height of 25 feet and maximum length of 60 feet, inclusive of
border and trim but excluding the base or apron, supports, and other
structural members.
2. The area shall be measured by the smallest square, rectangle, triangle,
circle, or combination thereof which will encompass the entire sign.
3. The maximum size limitations shall apply to each side of a sign
structure or structures visible to approaching traffic.
4. Signs may be placed back-to-back, side-by-aide, stacked, or in V
type construction with not more than two displays to each facing and
such sign structure or structures shall be considered one sign.
5. Signs which exceed 350 square feet in area may not be stacked or
placed side-by-side.
PLATE 2B - Sheet 9 of 10
Page 40
1775,010m)1949.9
Right of Way Manual
IN WITNESS WHEREOF the parties hereto have executed this supplemental agreement
on this the 6th_ day of Ma rh , 19 73 .
UNITED STATES OF AMERICA
DEPARTMENT. OF TRANSPORTATION
BY:
/s/ R. R. Bartelsmeyer
Federal Highway Administrator
STATE OF TE AS
TEXAS HIGHWAY OMISSION
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
the State Highway Coission.
BY:
/s/ B. L. DeBerry
Executed as State Highway Engineer and
approved for State Highway Commission
by Minute Number 67022 dated January
31, 1973, and Minute Number 66107
dated May 1, 1972.
APPROVED AS TO FORM:
/s/ John L. Hill
Attorney General of Texas
PLATE 2B - Sheet 10 of 10
Page 41
4
1775.010%21949.9
City Manager°s Fiscal Impact Statement
Planned Development
November 15, 2011
The fiscal impact schedule for the Planned Development PD-25 is income neutral for the first three years
and no anticipated costs in consecutive years.
oy Dwell
Ity Manager