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HomeMy WebLinkAboutOrdinances (O-04-1482)-11/03/2004 ORDINANCE 0-04-1482 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 15.10 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Pecan Creek Village Center Partners LLC, on August 2, 2004, under Case No. Z-04-029; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "8", by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions, uses and development requirements: 1. GENERAL a. The purpose of this PUD-C is for retail, commercial and office land uses. Ordinance 0-04-1482 Page 2 of 13 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED AND PROHIBITED LAND USES a. The following land uses shall be permitted within this Planned Unit Development, but only to the extent that such uses do not conflict with any other provision or requirement of this Ordinance: (1) One (1) (and only one) convenience store (the "Fuel Facility") with gasoline sales and car wash, subject to the location and development requirements set forth in Section 2, Paragraph 4 below (2) One (1) (and only one) automobile repair and service facility without outside storage (the "Automobile Service Facility"), subject to the location and development requirements set forth in Section 2, Paragraph 4 below (3) Restaurants with drive-in or drive-through service (4) Supermarket or grocery store (5) Bakery (6) Meat and fish market (7) Cafe, cafeteria and restaurants (8) General retail sales (9) Pharmacy and drug stores (10) Retail plumbing, electrical and hardware stores (11) Bookstore or stationery shop (12) Jewelry, camera or music store (13) Florist shop (14) Furniture store (15) Pet shop (16) Building material sales without outside storage (17) Barber shop, beauty shop, salons and day spas (18) Dry cleaners (19) Alterations shop (20) Health and fitness studios (21) Music and dance studios Ordinance 0-04-1482 Page 3 of 13 (22) Interior decorator shop (23) Caterer (24) Medical and physician offices (25) Veterinary clinics without outside kennels (26) General offices (27) Banks and financial institutions (28) Day care center and day nurseries (29) Community buildings (30) Business and professional schools (31) Train passenger terminals (32) Government buildings and parks b. The following land uses shall be prohibited within this Planned Unit Development: (1) Any store with gasoline sales or a car wash, other than the Fuel Facility (2) Any automobile repair and service facility with or without outside storage, other than the Automotive Service Facility Self-service Laundromats (3) (4) (5) (6) (7) (8) (9) (10) (11 ) Funeral homes or mortuaries Bus passenger terminals Cemeteries and mausoleums Kindergarten, primary or secondary private schools Junior and senior colleges and universities Vocational, technical and trade schools Indoor and outdoor amusements Use of any portion of the surface of the Planned Unit Development area for drilling or other exploration operations for naturally existing oil, gas or minerals, production, oil refining, quarrying or mining operations of any kind A dance hall, massage parlor, game parlor or video arcade (13) Manufacturing, distillation, refining, smelting or mining operations, except that the foregoing shall not be deemed to prohibit a microbrewery that is part of a (12) Ordinance 0-04-1482 Page 4 of 13 restaurant or similar permitted establishment which otherwise meets the requirements of Section 2, Paragraph 3 below (14) Mobile home trailer court, labor camp, junk yard, stock yard, or 3. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 4. DEVELOPMENT REQUIREMENTS AND SEQUENCING a. The arrangement, location, and footprint of buildings, parking lots, driveways, sidewalks, landscaping, Colleyville entry sign, water features, traffic access points, lighting and signage within the PUD-C shall substantially comply with that shown on the site plan (the "Site Plan"), attached hereto as Exhibits "C1 & C2" and with the other requirements of this Section 2. b. Buildings within the Planned Unit Development shall be in substantial compliance with the exterior elevation drawings of such buildings that are shown on Exhibits "D1-D5" and Section 2, Paragraph 11. c. Buildings within the Planned Unit Development shall generally match Exhibits "E1-E8" as to general color scheme and appearance, with the understanding that Exhibits "E1-E8" are a guide only and that the developer may determine the precise color palate of the buildings and related improvements, as long as such colors generally comport with Exhibits "E1-E8". The developer may select the building materials, building products, and other improvements on the exterior of the buildings and the other adjoining exterior improvements provided that such materials, products and improvements comply with the requirements of Exhibits "D1-D5" and the general and conceptual appearance requirements of Exhibits "E1-E8". d. Except as otherwise provided in Section 2. Section 7 below, landscaping within the Planned Unit Development shall be installed and maintained in the locations and as generally shown on the site plan and Exhibits "E 1-E8", with the understanding that Exhibits "E1-E8" are a guide for the purpose of determining the areas of landscaping, the general location of trees, shrubs, and grass. All landscaped areas within the Ordinance 0-04-1482 Page 5 of 13 Planned Unit Development shall be irrigated with a system that meets or exceeds City requirements. Final landscape plans shall be submitted for approval by the City in accordance with the current landscape ordinance. The landscaping shall meet or exceed all requirements of the current landscaping ordinances of the City and shall also meet or exceed the following: (1) A minimum of 20% of the total land area of the project shall be reserved for landscaping and at least 50% of that area shall be located in street yards, except as applied for as credit under the current ordinance. Along Colleyville Boulevard, the project shall preserve a minimum twenty (20) foot landscape setback. (2) Landscape Maintenance - The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year, Plant materials which die shall be replaced with plant material of similar variety and size within a six (6) month period. (3) The following criteria and standards shall apply to landscape materials and installation. i. Quality - Plant materials used in conformance with the provisions of this ordinance shall conform to the standards of the American standards for nursery stock, or equal thereto. Grass seed, sod and other material shall be clean and free of weeds and noxious pests and insects. ii. Ground Surfaces - All ground surfaces not used for buildings, sidewalks, roadways, other impermeable surfaces or water features shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching. iii. Trees - A minimum of one (1) tree shall be planted each twenty-five (25) feet of street frontage along Colleyville Boulevard and John McCain Road. At time of planting trees shall be a minimum of three inches in caliper, measured 12 inches above the Ordinance 0-04-1482 Page 6 of 13 ground, and a minimum of seven feet in height. Trees referred to in this section shall be chosen from the following list: Overstorv Trees (30-60 Feet) Austrian Pine Bald Cypress Bur Oak Cedar Elm Chinese Pistache Eastern Red Cedar Eldarica Pine (Afghan Pine) Green Ash "Marshall Seedless" Lacebark (Drake) Elm Live Oak Pecan Shumard Red Oak Southern Magnolia Sweet Gum Texas Ash Texas Red Oak Urbanite Ash Western Soap berry Accent Trees: RanQe 10--20' Aristrocrat Pear Carolina Cherry Laurel Chaste Tree Crabapple Crapemyrtle Deciduous Holly Flameleaf Sumac Japanese Maple Redbud "Forest Pansy" Redbud "Oklahoma" Rough-Leaf Dogwood Texas Persimmon Texas Redbud texensis Texas Sophora (Eve's Necklace) Wild Plum Pinus nigra Taxodium distichum Quercus macrocarpa Ulmus crassifolia Pistacia chinensis Juniperus virginiana Pinus eldarica Fraxinus pennsylvanica Ulmus parvifolia sempervirens Quercus virginiana Carya illinoinensis Quercus shumardi Magnolia grandiflora Liquidambar styraciflua Fraxinus texensis Quercus buckleyi Fraxinus pennsylvanica Sapindus drummondii Pyrus calieryana "Aristocrat" Prunus caroliniana Vitex agnus-castus Malus augustifolia or spp. Lagerstroemia indica lIex decidua Rhus copallina Acer palmatum Cercis canandensis Cercis yexensis Corn us drummondii Diospyros texana Cercis canadensis var. Sophora affinis Prusus americana I' Ordinance 0-04-1482 Page 7 of 13 Yaupon Holly lIex vomitoria IV. Shrubs and hedges - Shrubs shall be a minimum of eighteen inches (18") in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be a minimum of two (2) feet high within one year after time of planting. v. Ground cover - Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. vi. Lawn grass - Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion, VII. Berms - The landscape plan shall require berms along Colleyville Boulevard in all areas not adjacent to the permanent water feature. Such berming shall be a minimum of 24" in height, measured from the lowest point (expected to be the project side of the berm) measured along a cross-section of the berm which is perpendicular to Colleyville Boulevard and shall be coordinated with the shrubs planted along the same corridor to maintain a constant visual buffer along Colleyville Boulevard except in the locations of driveway openings and monument signage. The berming may be undulated, in which case the average minimum height shall be 24", and shall be coordinated with the winding sidewalk feature along Colleyville Boulevard. viii. Screening Trees - The landscape plan for the landscape island between the Fuel Facility and the entrance drive from John McCain Road shall include an evergreen screen that is planted to mature into a solid visual screen within 24 months of the opening for business of the convenience store. IX. Screening Trees - The landscape plan for the landscape island between the westernmost detention pond/water feature and the railroad corridor to the west shall include an evergreen screen that is planted to mature into a solid visual screen within 24 months of the opening for business of the Ordinance 0-04-1482 Page 8 of 13 x. John McCain Road ROW Trees - The developer shall furnish and install a minimum of ten (10) 3" caliper evergreen trees in the right-of-way of John McCain Road on the west side of the railroad corridor at the direction of the City Staff with the goal of providing additional screening between the proposed development and residents of the Cascades of Timarron neighborhood ("Cascades neighborhood"). XI. Cascades Tennis Court Trees - The developer shall furnish and install a minimum of ten (10) 3" caliper evergreen trees along the southern edge of the Cascades neighborhood tennis courts at the direction of the Cascades and Timarron HOA representatives with the goal of providing additional screening between the proposed development and Cascades neighborhood tennis courts. 5. MANDATORY SEQUENCING - FUEL AND AUTOMOBILE SERVICE FACILITIES a. Prior to the issuance of any development permits within this Planned Unit Development and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. b. Prior to the issuance of a certificate of occupancy for the Fuel Facility and/or the Automobile Service Facility, the following conditions must be met: (1) the developer must apply for and receive a building permit for the construction of the two neighborhood retail buildings, as shown on the Site Plan on Lot 5, (2) the developer must have completed, or caused to be completed, construction and installation of the following improvements within the Planned Unit Development: I. the two neighborhood retail buildings on Lot 5, II. the perimeter and interior sidewalks, iii. the outside seating areas and other improvements adjoining the two in line neighborhood retail buildings, Fuel Facility and Automobile Service Facility which are shown on the Site Plan and Exhibits "01-04" and "E1- E8", IV, all of the parking areas on Lots 1 and 5, v. the landscaping and landscape irrigation, the driveways, the vehicle entry facilities (including the main entrance facilities surrounded by the parking Ordinance 0-04-1482 Page 9 of 13 areas), vi. the water features, vii. the land bridge between the two water features, and viii. the Colleyville entry signage (3) the developer must have removed or caused to have been permanently removed the canopies and underground storage tanks from the existing closed gas station just across S.H. 26, formerly known as "Fast Phil's" (7101 Colleyville Boulevard), in accordance with the requirements of the TCEQ and all applicable environmental laws and requirements, (4) the developer must have filed a signed document with the City acknowledging the understanding, stipulation and agreement of developer, as the lawful owner of the "Fast Phil's" real property, that the removal of the underground storage tanks and gas canopies of the "Fast Phil's" operation results in the formal cessation of use of the "Fast Phil's" property as a gas station, thus ending all rights and permits to use that property as a gas station without further zoning approval of the City. 6. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks within this Planned Unit Development shall be the following minimum standards: (1) Minimum Lot Size None (2) Building Line adjacent to street 40 feet (3) Side Building Line 15 feet (4) Rear Building Line 15 feet (5) Maximum Lot Coverage (building) 60 percent b. The buildings shall not exceed thirty-five (35) feet in height. c. No buildings shall be located within two hundred (200) feet of the south right-of-way line of John McCain Road, as shown on Exhibits "C1 & C2". 7. OPEN SPACE AND LANDSCAPING a. The landscaped area may be utilized for storm water detention purposes. b. Each of the storm water detention ponds shall be designed to maintain a permanent water level, and each pond shall include a fountain. c. This property shall be subject to the tree mitigation plan Ordinance 0-04-1482 Page 10 of 13 approved by the Planning and Zoning Commission on August 23, 2004. d. The tree preservation area, as shown on Exhibits "C1 & C2", shall be designated as an easement on the final plat of the property. 8. LIGHTING a. Exterior lighting within the Planned Unit Development shall meet the following requirements: (1) Light poles shall be placed and/or shielded so that zero foot- candles of light are broadcast past the property lines of the development, except at driveway entrances for safety purposes (2) Site light fixtures shall be "flat lens" type such that the light source cannot be seen from the property line or beyond (3) Light poles within 300 feet of residential property shall not exceed 20 feet in height and no light fixture on the site shall exceed 30 feet in height as measured to the top of the fixture (4) Parking lot lighting shall be designed to dim between the hours of 11 :00 P.M. and 6:00 A.M. by reducing the number of light poles in use or other suitable methods as approved by the City (5) The entrance from John McCain Road into the development shall feature architectural lighting adjacent to the roadway and may be considered a variance from the "flat lens" requirement of this section (6) The gasoline canopy shall feature recessed lighting such that the light source cannot be seen from the property line or beyond 9. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, and Colleyville Boulevard prior to the issuance of a Certificate of Occupancy as required in this Ordinance b. The developer shall construct a 5-foot wide sidewalk from the development to the existing Cotton Belt jogging trail within the right-of-way of John McCain Road prior to the issuance of a Certificate of Occupancy as required in this Ordinance 10. SIGNS a. All signs located on the property shall comply with the standards Ordinance 0-04-1482 Page 11 of 13 contained in Chapter 7 of the Land Development Code, except where modified in this ordinance, b. The developer shall construct an entry monument sign adjacent to the corner of John McCain Road and Colleyville Boulevard, which shall be in addition to any other monument signs allowed. Said entry monument sign shall be similar to the concept drawing shown on Exhibits "F1d & F2". 11. SPECIAL DEVELOPMENT CRITERIA RELATED TO AUTOMOTIVE-RELATED USES a. The columns of the gasoline canopy of the Fuel Facility shall be constructed of masonry or stone material and the canopy covering the gasoline pumps shall have a white fascia. The roof of the canopy shall have a partial Spanish red tile roof as shown on Exhibit "G". b. Structures for the Fuel Facility and Automotive Service Facility shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. c. Tires or other automotive-related merchandise shall not be stored or displayed outside of any building within the development. d. All automobile lubrication, maintenance and repair operations shall be conducted inside the building for the Fuel Facility and Automotive Service Facility with the bay doors in the down position. The doors may be raised to allow for vehicles to be moved in or out of the building, but shall be closed at all other times. e. Automobiles being serviced or repaired in the Fuel Facility and Automotive Service Facility, respectively, shall not be parked or stored overnight outside of the building. f. The hours of operation of the Automobile Service Facility shall be limited to the hours of 7 a,m. to 7 p.m., Monday through Friday, and 7 a.m. to 5 p.m. on Saturday. 12. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 35 points, as described in Chapter 6 of the Land Development Code. b. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1482 Page 12 of 13 be included in the calculation of the area of the wall. c. Vending machines or ice machines shall not be placed or located on the outside of any building within the development. d. Propane supply tanks and related supplies, if any, shall be kept and maintained in an enclosure which is enclosed on at least three sides and constructed of the same material as the adjacent building. Said tanks and supplies shall be stored in conformance with related building, fire and related codes. e. All trash dumpster enclosures on the property shall be enclosed on at least three sides of at least seven (7) feet six (6) inches in height, constructed of the same materials as the primary buildings in the development. A gate, constructed of an opaque material, shall be placed on the front of the trash dumpster enclosure. f. The internal drive accessed from John McCain Road shall incorporate a bridge feature over the water between the two ponds, as shown in Exhibit "C1 & C2". The driving surface of the bridge shall be arched. The rails on the sides of the bridge shall be constructed of ornamental metal, brick or stone. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. r- hearing being conducted on the ~/ .s. day of I The first reading and public ~..,v>>?tft1 2004. Ordinance 0-04-1482 Page 13 of 13 The second reading and public hearing being conducted on the S~ day of Dt~ 2004. DENIED NOVEMBER 3, 2004. ATTEST: CITY OF COLLEYVILLE / / Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION All that certain 15.10 acres of land, out of the 27.440 acre tract described in the deed from Highway 26 McCain Joint Venture to Hastings Cove, Ltd., recorded under Volume 13510, Page 204, in the Deed Records of Tarrant County, Texas, in the Absalom J. LoU Survey, A-963, City of Colleyville, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: (All bearings based on record bearings of said 27.440 acre tract) COMMENCING at a P.K. Nail found for the northeast corner of said 27.440 acre tract, in the northwest right-of-way line of Colleyville Boulevard (State Highway 26 -100 foot wide right-of-way), common to a point on a curve to the left, having a central angle of 08 degrees 01 minutes 49 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 45 degrees 29 minutes 12 seconds West - 408.18 feet; THENCE along said curve to the left, along said northwest right-of-way line, in a southwesterly direction, an arc distance of 408.52 feet to a 5/8 inch iron rod with cap stamped 'Pate' set far the most easterly northeast corner and POINT OF BEGINNING of the herein described tract, common to a point on a curve to the left, having a central angle of 12 degrees 23 minutes 00 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 35 degrees 76 minutes 48 seconds West - 628.74 feet; THENCE along said curve to the left, continuing along said northwest right-of- way line, in a southwesterly direction, an arc distance of 629.97 feet to a 1/2 inch iron rod with cop stamped 'Beasley' found for the end of curve; THENCE South 29 degrees 05 minutes 18 seconds West - 486.77 feet, continuing along said northwest right-of-way line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the southeast corner of the herein described tract, common to a point on a curve to the left, having a central angle of 25 degrees 58 minutes 10 seconds, a radius of 495.16 feet and a chord bearing and distance of North 74 degrees 49 minutes 38 seconds West - 222.52 feet; THENCE along said curve to the left, in a westerly direction, an arc distance of 224.43 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for a point on a curve to the right, having a central angle of 17 degrees 50 minutes 05 seconds, a radius of 284.57 feet and a chord bearing and distance of North 82 degrees 15 minutes 09 seconds West - 88.22 feet; THENCE along said curve to the right, in a westerly direction, an arc distance of 88.58 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for an angle corner of the herein described tract; THENCE North 28 degrees 56 minutes 25 seconds East - 33.22 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 86 degrees 25 minutes 16 seconds West - 13.66 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 67 degrees 32 minutes 17 seconds West - 215.87 feet to a 5/8 Inch Iron rod set for the most westerly southwest comer of the herein described tract; THENCE North 44 degrees 39 minutes 19 seconds East - 52.02 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 07 degrees 42 minutes 59 seconds East - 323.23 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 19 degrees 46 minutes 38 seconds East - 153.37 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 32 degrees 28 minutes 03 seconds East - 136.15 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 23 degrees 52 minutes 36 seconds West - 22.05 feet to a 5/8 inch Iron rod with cap stamped 'Pate' set for the northwest corner of the herein described tract, in the southeasterly line of the Dallas Area Rapid Transit corridor tract as described in the deed recorded under Volume 10146, Page 640, in the Deed Records of Tarrant County, Texas; THENCE North 66 degrees 07 minutes 24 seconds East - 814.86 feet, along the said southeasterly line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the north corner of the herein described tract, in the southwesterly line of the permanent street right-of-way to the City of Colleyville, as described In the deed recorded under Volume 14355, Page 21, in the Deed Records of Tarrant County, Texas, and common to a point on a curve to the left, having a central angle of 06 degrees 08 minutes 03 seconds, and a radius of 2039.35 feet, and a chord bearing and distance of South 45 degrees 05 minutes 22 seconds East - 218.30 feet; THENCE along said curve to the left, along said southwesterly line in a southeasterly direction, an arc distance of 218.40 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for the Point of Reverse Curvature of a curve to the right, having a central angle of 89 degrees 40 minutes 15 seconds, a radius of 39.98 feet, and a chord bearing and distance of South 03 degrees 20minutes 03 seconds East - 56.37 feet; THENCE along said curve to the right, continuing along said southwesterly line, in a southerly direction, an arc distance of 62.56 feet to the POINT OF BEGINNING of the herein described tract and containing 15.10 acres of land. EXHIBIT C1 - CONCEPTUAL SITE PLANS ~ ~L. ... ~. ~~~ p ".~~..... 'e> ) ( ZONED ML USE: INDUSTRIAL 0' 100' I""'w.-..... - ZONED AG USE: AGRICULTURAL .SCHEDUL.€ 'B ::.. =:o~== =;..:0:.'::::::" I'l ~. r."!!"_~.HMr;... -CIoIl)r. -, .. lOt. _,......_ =-~.-.."*ffI_ l1li. _ffl_"*, -.--... lOt. ~n.llfN1_ -..-~....,.. "'-.fNI~ -"~"'ffI". _. LAND USE TABLE ,I it LOT 1 AREA 1.112 ACRES LOT2AREA 1.111 ACRES LOT 3 AREA 0.114 ACRES LOHAREA 1.111 ACRES LOT II AREA 11.87 ACRES TOTAL-AREA 111.10 ACRES _A.......,.......c.r. "" l.or.!.:..!!MOf! ' NQIES; EXHIBIT C2 - CONCEPTUAL SITE PLANS Ql-'Cw J"~J~ NffOr .~ ;~: I I ", ~ , ". \. ( ) ~ [! 1'.1 ",6 ,......". .a; ~ '''. .:j' p. ..~..~ e-:~ , EXHIBIT D1 - CONCEPTUAL BUILDING ELEVATIONS (car wash) f J t ~ Cf) 'I ' ; ~ ITI. II III1 IIII II II I I I . . I I , , , , , I E I I r r 11111 . . I I I i . . , , , , , , , , , I , I II II ' , I I I~wml 11'11 !1l11 I III III. II! i ,I I II . I i ! . . i , (})' z i ~ = ~ t:I '~, '~J ,~ i I II l Dl en 0][ -~-I[ljCJIDDU EXHIBIT D2 - CONCEPTUAL BUILDING ELEVATIONS (food mart) ~m CB CD ti 1m ; ~ i ; Iliiiill~ II j I II I. I 1111 II III III1I III "I II ilia II II I I II I , , , , , I I I I I 1 I II II : , I I II I , , , , , , , , , , , II II j" C8 I ! !Ii ~ ! ; . l & II [ -~-I[[Jr::J]DDU EXHIBIT D3 - CONCEPTUAL BUILDING ELEVATIONS (retail building) II I I ! ' IIII t I 111 D]I -~-I[ljCJDDU CB 'I I C9 ,~ ~ . i IIII 1111 1111 1111 1111 IIII 11II 1111 I II II I I I I . I , , , , , I I I I ! , III In ql . . I 1 , , , , , , , , , , , II II I" I I I EXHIBIT D4 - CONCEPTUAL BUILDING ELEVATIONS (retail building) i~.1 I . i I I 11111 lJ II ; II , II I I Iii I I , , , E 1 I I I II 'I : ; II I , , , , , , , II II I" , , CE> U :0: lD I CB .~ i rnJI -~-I[Ij[:JJDDD EXHIBIT D5 - CONCEPTUAL BUILDING ELEVATIONS (Great American Store) i ifjl ' II~II . II ~ ~~ II I I II, 1111 I GlI .....~- ~c:J[DDU CB ~I i ~ CB ,g ~ . ~ IIII 11111 11111 1~ IU II I III1 I II II I I II I , , , , , I I I I I I III In ql I i , , , , , , , , , , , II II I" << I I CB q H Ii m . a <J~~.~I r. ICCCCC II ~I ~ccccc ~. IC:CCC . I ~ "II mccc ~ aceccc ICC:C: I JI ,'I ,II, i -.- iii!;- ~ EXHIBIT E1 - GENERAL COLOR SCHEME AND APPEARANCE 'i '~.I:'::~:'\N:I r;.. ,"'. .~.,.:' ;'iio..... . " ,~:'" .' ,~. !o <t ~ .. ~ J: ~ ~ ~J .1 " ~ "~ ~. ! r:;: ~ ~ ~ ~~~ i~l": I: ,ll.".... _ ~ l' .:! ::~:iO) j :: ! ; G ~ ~ ~ ,.~ ::'::.i;.:<i!! ""F,. (. u . .. - ... .~.,~~ ~ ..~"'-:.1! 7~~~~~~ jI !l\ ,;.. ~ ''''l - ~~;'~{i ~ i'Et,~J:~ 1: ~> ~. -i '~ .~ :; :;:.~.:.:;I i!~::~:~_ 1lI'... .... .. .' 0.--" 'i1 f7J'~1~..:~ ... _ .,"!if: ..' .. '-"i .,~ . '; r:~~~;da!; ~ 7,:'- ~ i: ;;" "i iii (. ~... l"'i ' '. ::i ! ~'t~~2~E.j 'g ~.~. ij "Z<! -;: t, d5 i;:; ~~~ ~'; i ,~;.1!~."J~o:;_ ~ ~;~:,~i~~l t: .r .E J: ~- ~ = ~~,~~~1~~ ~ .. ,. Ii .~ ~ .. ~:~~~~~_.,~ ~t.~~~~~ ~~ll!~"'~ ~;'S~.~ ;{-S '" ", ,0' "'" ""'- ..... 1)~i~~..~ - A 'j .~.... :. --;: ~~ ~Z.: 'to ... .... -;; D ~ ~ ~~~ :3 ::: - ;~tf <: . EXHIBIT E2 - GENERAL COLOR SCHEME AND APPEARANCE ~', ~::;<':;f ~.' .,;;",;: ~\ ftc , . to . "'1 *.t'I ~, 1". :,,: -: -,' ''- .' '" .; "I~ <:.' , ,= -"';--. - , ,'!'-j , ,. !.:!,~ .5:;~ :a~i ':;~ 7~'j~'::;: .= .,J '~ ~ eJ,"' - ~1;~];:; j.~;l~~ ~1.:ar~!;; i'~"; ~',~' ~ ~ i1:~~'~~ ~ -;; ..::! ";: >- " t.: ~ -l,.:: ,I' iit- A f'j '>it ::f -j; ~, .. b ~;''':I:-'~;; p.,.... ~ a I=.~ ~ S -A :.' -aJ';~~til:~~ " :;.!~~:.=~:: ~ ~~U1~;;: a, ~ i "i -. .! ! ::- r: . ~i,1t~;~,S;7 i S"'il~t'!~;~ .'.- ~; ,;'t ~l ~ ~ '" , ^ ;,.' -. ..""",- .."..: .. ... I" .. .. ""'1: ,~ ,;~,,: ! ~ ':: ~ ~ ~ ~p, ...~ ~ =: 'J .... ':: :"4. ; ': ,W' ;, '!' ~:' -: :: ~ ~". ; ~ ;.:"~ ~,-:: ;~~ , .;; ~k ~ _: ~.' "0 ; ,",..."'fI,,Ilt~'. l?~~i~: :; ~y;;:: ~ ... "- : ~ ~ 1,:' ~"~ r.~;i-t.!; ~~'~~1!:i ~ .: ~ ~ t f~ :1~it,,::~ :3-$~";;~ !;~.::!~ '3~ ':~ 1 ~ ;; ;~,; l~'; t;jj,,, .... Ii::! '1-z .A....".. ,0.: " " EXHIBIT E3 - GENERAL COLOR SCHEME AND APPEARANCE ,;..,-; ..:: ...;. - z:: ..: :~ . .' ... ..;; ~ '-r '. ~ " ~~ ~ . :r~ i Bj~ ::-l,~~1 -:~-ji-5~ ::~~t;~~~ ~t.,i!;~:~ 1 i: It '.2::::l ; ~::~f*~~l~ ...iI 'W '--.. It " '4 ~ ~~.~~-~:. =il~~~ . '. r ~ ~ .t e 'tt i !l ~ i'~'f;2 3:~_;;.l'J -1 . F' - .... " :1y.e:E~ ~ 2 ~ Jf' ./l.. .-" - -:: .! cE -i r ;;; l;, ~ " :: ~ .: ~ ;: ';l L C ~ !'~i:~~-j ; .:~ t. ;; '~J_ ~ ,0 ~t<~~el:~~3 ~ f;. ~'E 1Ji'2-:' '!- ,~ .i,. '" It, Ii "", Jt '"'!II -j;1lt=l,j~ ;: <\'. :- ? .. ;:;.. ~ ..... "':~~W~..; i-;'l~.'<.. i i - ~ - :li.. .., ;..:" t: "', '..i= -~ ~"t .R .. ;.tl' :{- :;-,i;~!~:~ ..!;;fjl~-i-; , \. j: ~ ~ '" ,; ... 'fp< J ... .lit ..: : ~ ~ ~ = ~ '~ ....",., ~ t ~:1 "l ':~~':Ae~ :.:i ~ .oUt ~ ; ~ ';-,-- .....-: ~..t'"i.L;".a~ ;~.~~=cJ 1 ~: 1 ~ -! ~-..d =~cJ.k~1t J ! iio;J;:" ::;,.i;;,_ t ~ II; " ':;; .l it .:;.:: ,~<;. F''''" .=e- ~ 1. ii ,1 All) .: , .. .. " EXHIBIT E4 - GENERAL COLOR SCHEME AND APPEARANCE .~ 7i. ~-: y, .... ..K :: ;: ( !:t ~ ~-- . .... <11:4 ~. 1'...,< ;:;.J. "!. "'~.. .Iil .... - ~ ~ ": ~ ~ !,.... :t)l-,?~~ ;;:;::-;: J~'l~'.,. ~... t : ::: ~ ". .;'.ij~:. ~ ; ~ ;.!~ -~ "'" :!.:; .., ~ i ~ ~"~~eh~ ~!~~1Ii ~::jp:~~ " 5," - . n "'jlq: j ~) ~ 1 ~ f; ~~.~~~!~4_ ~ ~ --~ ~ ~ --~ ~ ~ ~~1-~'~ i':1~' € :; ~ ~~ ~ i ~ ":'i'~-;e;:tc' ~p~d:;>q;S""; ; 'ij 1 ~ ~.; ~ ~ J '~ ~ ~ ; -~~: r ,J( ~ ... If t- .. , ~ j~1~.!~~~ :~ ~ ~: 'E ~ ~ .~' i:f,~-:~>~ t~ ~f~~~~~~ ,. ~l : ~,~ ,,; ~' :t. :;;r;.: ~ 'i21~;"~ ~ "~)1_..t;.., P1i~~z ~~~'~1:!~ "~=!~i_'1 ~l"j.;:' I!'::!"J';~ "" ., j . " ""- ~"Jc.~~..) L-:. ~ ..' J . -~ ~7.'ld !I - " ' ~ - ~~~ ~.j .;.1.;' ~ ~ f ; - 0:: ~ -: , ~ - ;. - ~,~ EXHIBIT E5 - GENERAL COLOR SCHEME AND APPEARANCE .. - ~ ~ .-: ~ .'j;< .... ,.<T ~ ." ~ 0'- 11::'"" " ";!I . !t<'.:r.: .. # ~ ji'" ... ~ ~ .,:.. ~ ::: oW !1 ~i ~~ ~. .; 'i! '! ~~ ~i~ : :~' ..:; '1 ~ ;. ~ :,... :.. ,~~ ,,; . '! ]j!~~~5 ...;t;.~~~~ .' ! l '~''''" ':: ;J7;~!;~:~ P~t~~i' . ... r. "- ~ :'. . j ~ ~. ~ ;.= ~ 1~-:~$~~~ ;:;~~~~! _ ~~ya.~~. ...... ::, .,. t .d '.I ~ :I - ..: .t 'J -.." . ~ :,1":1k.;1.~ - :l"!:~''''~4! n~~~eE.,.~:: tJ ~Je;';~:-: "-_- ~'''.'' ~ t; ~ ~ !~..:~.r:,.:.:. -.iil. <,t.-:" ~:: ','~ '~ ::. :Q ~,~..~'If~:z,,: .. _H~t:!!~L. .. 4.1... ~ .~ ~ " .~ ,;;; -i .~, -: 1 i ~ ~ ~ :I: ~!.~:-:;t.':1 =-.)~t""1; :;4::-~~,;- ...:;:~~:~ ]~'i'~":ii" ;J~;~5-; Iii ., '*!;.. .. ii ~ ~..it !i :: ~:! ; ~st.,.::"'~- ::,~.i'~i,:':: ""~~-t.:.,.~ qO:I;.,,:: .~""l.E- ':H ( L!:l... ','~E'.::f,l _ 8 ",', ~ ~ .. ~ : .I. .4 1!1 'ft .'~ J~..."='"'' ~..: ~'riJ ~j-=, ~~i 1: i ... \.1) EXHIBIT E6 - GENERAL COLOR SCHEME AND APPEARANCE oW: .~ ~ ,y,:. .... ~ .... ~' lI:Ii,. IJ ~ ",w~;j >!"t-"k .1 t i it. t i cf . i t . 1! e ;iIil ~ ~ ~ 2,.!.." ~ =:~ ~ ~ II ~Z~~ a i>~;::~~i ....~: " -;.~ J! ?: ~ f~t,~ .;<~ ti ~ ~.. -: ~.=:t s ,'in -;;;Z I; :: ;f~~"'~.ll :>.. ~ . ~. ;,1..oi"'A'.. ...~~&~~" ...itA.k:'lI!II "i~'i.j!~';:j t ~ .....". r.~. ! ~;f~~~"i1 r:;,,:;1::f;,,_ ...i;~'::"':&!. :'~~~~, ~~~ 5 '~ i ~ ~ .:o;:P't..)I! ;; 1: :" IIli '" ,~ :':::'~~-:'~1 z'~..::~'It ;;. !!.' .~~ ~ .; ~ ~ 1: __ iL,'" ... ill ;! t '. ,. ;:' ':J ~ .!r"2-i~::!~ 'ij=':',!~~ ~ .=- .s ~b ~ II ~,~,~3r;:3 ::::~,,'L!!,; ~,:'S:':j;::~ :' ~ -; ~:.1 '"! :..,....~.. '.?'J: ~.el 'f'!! !"'l:"..il::: ~,t.!';' t~;t Z .f~"V~~;::'I ~ .!. Ii: ~ i ~ ~ ;: .. I!:: .!! "_lo""~i- ;.s,!:?-~ ~!~, ~ ~~j; c - ~... -",.: J1t, . -~ ( ." ~ EXHIBIT E7 - GENERAL COLOR SCHEME AND APPEARANCE .:.;; ,.~ ~ ,y,:. .... ~ U "f' It," 'J ~ ~ '''~ ~k .. & ~ -, ~ ~ii. ;l *' "i.. , ~. ...;'.) 11;;"'- -: ~~'~~~ ~ ~ .. ,,== ! ~ ;- ~ I:I! : ~ :::rl ~ ~ .: ~:: :; _ - .1!iI ~ .J.; 51 ~f ~ . ... i! ~ ,,{o '~l ~,: l ;~t~~ . h.... ..... =: f1~ i 1- e.f~''': I*< _" ~ ~ [It; .. :; "'1_ ~ i ~ ~..t '", ,;" .... ,0; ~ ; ; i.,: ... ;r tll.. · .. 1. ~ ~ :;.~ !':. 7 ;.:; ~ 4 .. ,.-/..;,.,." ~ ;i :-~~;;>. .'J ~! 9.;i *~.q1 .... .. . - - t.t~.;..i 'iJZ~:: ~ : -; .. ~ i '~ J i. ". "" . EXHIBIT E8 - GENERAL COLOR SCHEME AND APPEARANCE , <<:.;; ,~ .~ .y,:. ''jii ~ w ~ :/. ,( .~ .. k. .~ ~ ,~- - . " . ::: :l ~.. 11 ~~iLi ~ ~:l ~ .; ~"'. Jii "I"" ..:iIi !;...:-;.: ~ ~ dl'J!.:i ~ ~!E~; ... '2-:1. ,;,;~~t~ L: lA, ~,.'t :... ~ ~t2:= C ~. ~ c. -: ~ .. " .. .. ~ ~i~~; 1lI ~~t;.: -= ~~.t~~ = tali'~~ ::.I ~~.;: >~ ... ~'~i~~~ ". r. 'i, ;,;. .. .~ ;;'t.~'2~::,: ~ .:<~-;:;::; fi, ;'-t!~~:; .... -:q~! \.. ~.-:. ~ ~ ~ it. .,," .: ~~~~<~ 7:11:-1 !~-g~i = ~.l >-. ~ ';: ~ ,. ..~ ~ EXHIBIT F1 - ENTRY MONUMENT SIGN CONCEPT "'" t:\ ~ ~ ..;: " ."'" .'J-.,. L; w \5 ".j. ~.;:i !."t:""" .. S ':: ~; --$.I II V.~ :l~n 'j ~Hi: n._ "" '';'; ~_ _I;=~i..~ .. ! ~ "'- 100. ,. E ~~' i :i-;~~ ~ ]~H.~ ~~;!!' e ~~a~j .! ~~..!>~ i-!t ~:::1 7. ;;,tlil!!.. ,. i '_> ~ ::: ~ 1 l~~:-~ : ~F,~C~ i ii-';;' 1 ~,~!~ ~ """.:t,Oii ." X ;~ .......- .. .1:3 t; .= ~ .1 ~.t.!.~~ '" -.,.; - 'f:, ~H- ;.l ~;.2 ~ .. ~ ;: ;'1, . ;..~ ~ EXHIBIT F2 - ENTRY MONUMENT SIGN CONCEPT ~...~ ~ ..~ 7:"- Z ... ,~ ~ ft ... !);ole .. ;.e. . 4: ... . ~ "! !(; .. fi, '4 1-= -- '; '? E -:/';. .!;1f t -. l" ~ :: ~:;ti. ~,; ~ ~ !: ~ :: ~',"; <! }I. ,;: #w<. !.i] i'~ fI ~i'l;.:.. J. M.......~ ~ ..: ~l~~ fI ~~d~., \,,:J ~""lti7: iO :Lc.,.,; = ~; i-:~ e ~.~~ii ; ~~~f~ '- ~-~:::~ ~ -G: <<:!.t; . lj ;. . ill ..:i~~'d: .. .::k!':. =~=;f ""; ~::. ~ i ;~-![~. l: ?;';!7 l. :;a '" ~ I^ :c ;~ 1..; ~ .. ,-3..!'i ! ~.. --wr: - ~. ~ ~ ; - . - ~ \.i 't);: ~ " ~ ;; '} ,. . z ~- , EXHIBIT G - FUEL FACILITY CANOPY III. '; I 2JCB r ~ I c:J IIP11 1 I I Hili" [ -~-I[[J::J[DD !I-