HomeMy WebLinkAboutOrdinances (O-92-850)-03/03/1992
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ORDINANCE 0-92-850
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
.COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF ABSTRACT 25.446 ACRES OUT OF THE A.J. LOT
SURVEYJABSTRACT 963, TRACT 6 TO THE CITY OF COLLEYVILLE, TEXAS
FROM ML TO PUD-R; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
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WHEREAS, an application for zoning change was filed by Mark A.
Howe on October 22, 1991 under Case No. Z-91-930; and,
WHEREAS, notice of a hearing before the Planning and zoning
commission was sent to real property owners within 200
feet of the property herein described at least 10 days
before such hearing; and,
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WHEREAS, notice of a public hearing before the city council was
published in a newspaper of general circulation in
Colleyville at least 15 days before such hearing; andJ
WHEREAS, notices were posted on the subject land as provided by
the zoning ordinance; and,
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WHEREASJ public hearings to change the zoning and the Master Plan
on the property herein described were held before both
the Planning and Zoning commission and the city council,
and the Planning and Zoning commission has heretofore
made a recommendation; and,
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WHEREAS, the City Council is of the opinion that the zoning
change herein effectuated furthers the purpose of zoning
as set forth in the Zoning Ordinance and is in the best
interest of the citizens of the City of Colleyville;
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NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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THAT the Master Plan, the Zoning Ordinance of the City
of Colleyville, Texas, and the accompanying Zoning Map
as indicated in Exhibit A are hereby amended insofar as
they relate to certain land located in Colleyville,
Texas, and described by metes and bounds as indicated in
Exhibit B by changing the zoning thereof from ML to PUD-
R, together with all site plans, supporting documents,
and other conditions and restrictions imposed and
approved by the Council, which are incorporated herein
by reference including, but not limited to; those
statements set forth in the letter from the applicant,
Mark A. Howe, dated October 24, 1991 which is Attachment
1 to this ordinance; the restrictive covenants which
Sec. 1 .
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Ordinance 0-92-850
Page 2
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shall be imposed on the above described property and
which are contained in Attachment 2 to this ordinance;
and the site plan for development of the above
designated property which is Attachment 3 to this
ordinance; and the park concept for development of the
park of the above designated property which is
Attachment 4 to this ordinance; and the description of
Open Space Amenities which are contained in Attachment
5 to this ordinance; and the Playground Apparatus
Illustration which is Attachment 6. Attachments 1, 2J
3J 4, 5, and 6 shall be incorporated in this ordinance
for all purposes.
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Sec. 2.
Any person, firm or corporation violating any of the
provisions of this ordinance as read together with the
Zoning Ordinance of the City of Colleyville and
accompanying official Zoning Map thereto shall be guilty
of a misdemeanor and upon conviction thereof shall be
fined in 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.
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Sec. 3.
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.
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AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the if~
day of J:;J,ru 4.r y , 1992.
The second reading and public hearing being conducted on the -.J 9 ~
day of ~~brudry , 1992.
The third reading and public hearing being conducted on the ~rd
day of .LY,a('ck , 1992.
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CITY OF COLLEYVILLE
ATTEST:
;J~
We..- r,~
Mayor
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V( ~RM AND
Ross T. Foster
City Attorney
LEGALITY:
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Ordinance 0-92-850
EXHIBIT "A"
Page 3 of 14
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FIE LO ~"OTE S FOR:
BEING A TRACT OF LAND OUT OF THE A,J. LOTI SURVEY, ABSTRACT
NO, 963, TARRANT COUNTY. TEXAS, AND BEING DESCRIBED AS
FOLLOWS:
BEGINNING at on iron rod at the Southeast corner of said
A.J, LoU Survey. sefd pofnt elso beIng the Northeast
comer of Lot 4, Block 21, Highland Meadows, Phase IV, an
addftfon to the CIty of Coli eY\lill e, Tarrant County, Texas
according to plat recorded in Cabinet A, Slide 315, Plat
Records, Tarrant County, Texas:
THENCE South 89 de~rees 25 minutes 10 seconds West 447.07
feet to an Iron pfn for comer;
THE NCE South 89 de~rees 20 minutes 44 seconds West 368.67
feet to an Iron pfn for comer;
THENCE South 89 degrees 20 minutes 45 seconds West 234.83
feet to an Iron pfn for comer fn the East lIne of WYQtt
Drive (unrecorded);
THENCE North 00 degrees 57 mfm.ltes 58 seconds West iJlong
said Wyatt Drive 1027.34 feet to an iron pin for corner:
THE NCE North 89 degrees 03 mfnutes 36 secon dSi E cst 1 081.44
feet to an iron pin for comer;
THENCE South 00 de9rees 21 mlnutes 44 seconds East 1033.30
fest to the PLACE OF BE GiNNING and containing 25.446 acres
of kmd, more or less.
Ordinance 0-92-850
EXHIBIT "B"
Page 4 of 14
Dr. William E. Wyatt
1903 Lake Forest Road
Grapevine, Texas 76051
October 24, 1991
Ordinance 0-92-850
ATTACHMENT 1
Page 5 of 14
Ms. Janet E. Hofstrom
Planning & Zoning Clerk
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Re: Supporting Document for
Site Plan of Phase V
Ross Downs Estates
Dear Ms. Hofstrom:
The planing objectives to be achieved in the land development of
Phase V, of the Ross Downs Estates are as follows:
1. The development is proposed to be a continuation of the type of
land use as in Ross Downs Phase III with home sizes being approximately
2200 square feet.
2. Additional five (5) acres of open space is proposed to be
provides within the Ross Downs Development and deeded to the city for
the over all use of the city.
3. Legal description is provided on an additional sheet.
4. The development is proposed to begin upon completion of zoning,
preliminary plans, final plans and bidding of the improvements which is
scheduled to be within nine (9) months with completion of all phases of
development within eighteen (18) months.
5. The property is presently owned by Dr, William E. Wyatt and he
proposes to own the property through development with some assistance
with development and marketing by others.
6. The site is adjacent to existing water, sewer drainage and
other utilities which are to be extended within the property by this
development within eighteen (18) months.
I, Dr. William E. Wyatt, owner and preparer of this written
document certify that the information presented is a reasonably
accurate portrayal of the proposal for this development.
/~~(/v
Date
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Dr. William E. Wyat~
Owner
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Applicant and Agent
1t/-9-~~//
Date
Ordinance 0-92-850
ATTACHMENT 2
Page 6 of 14
PROPOSED DEED RESTRICTIONS
DECLARATION OF RESTRICTIONS, COVENANTS, AND
CONDITIONS OF ROSS DOWNS ESTATES- PHASE V
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
THIS DECLARATION made this _ day of
ESTATES V, hereinafter called "Developer,"
, 19_, by ROSS DOWNS
Descrintion of Pronerty
The land to which these Restrictions apply is described as follows:
Situated in Tarrant County, Texas, and being Lots 45 - 58, Block 3, Lots 11 - 24, Block 13;
Lots 1 - 19, Block 14 and Lots 1 - 4, Block 15 ROSS DOWNS ESTATES, PHASE V an
addition of the City of Colleyville, Tarrant County, Texas, according to the plat thereof
recorded in Cabinet . Slide , Plat Records, Tarrant County, Texas
Restrictive Covenants
Each of the specifically numbered Lots shown upon the above described recorded
residential subdivision (as distinguished from such land, if any, within the limits of such
subdivision which is not specifically platted and numbered as Lots) shall be impressed with the
following restrictions, covenants and conditions for the purpose of carrying out a general plan of
development and maintenance of the premises:
a. All dwellings shall be constructed to front on the street on which the Lot fronts unless
any Lot in question fronts on two streets in which case the dwelling constructed on such Lot shall
front, as the Architectural Control Committee of Ross Downs Estates, Phase V (herein after
referred to as Architectural Control Committee) may approve, on either of the two streets or
partially on both.
b. All dwellings and accessory structures shall be erected and maintained behind the
building line shown on the Lot, or as otherwise approved by the Architectural Control Committee.
c. No dwelling or accessory structure shall be erected or maintained nearer than ten (10)
feet from the side line of any Lot or as approved otherwise by the Architectural Control Committee.
DECLARATION OF RESTRICTIONS, COVENANTS
AND CONDITIONS OF ROSS DOWNS ESTATES, PHASE V
Page 1
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Ordinance 0-92-850
ATTACHMENT 2
Page 7 of 14
d. The floor area (that enclosed for heating and/or air conditioning) of any Living Unit
shall be not less than the following: All living Units in Block 14 on Lots 1-9, Block 15 on Lots 1-4
and in Block 3 on Lots 45-58, will be 2,450 square feet with a deviation of 10% if approved by the
Architectural Control Committee. All Living Units in Block 13 on Lots 11-24, will be 2,200 square
feet with a deviation of 10% if approved by the Architectural Control Committee.
e. All dwelling shall be constructed of stone, masonry, brick, or of a glass building
material of the kind usually used for outside wall construction, to the extent of at least eighty-five
percent (85%) of the area of the outside walls on the first floor. The second floor of such dwellings
may be masonry or such other material as may be approved by the Architectural Control
Committee,
f. No dwelling, accessory structure or fence shall be erected or maintained on any Lot
until the building plans and specification for same and a plot plan showing the proposed location
of same have been approved by the Architectural Control Committee. This section shall be
applicable to initial construction and to alterations, changes and additions at any time
subsequently made. Roofs shall be of tile, composition (Timberline Type or Elk Prestique II -
Class A) Weatherwood color or as approved by the Architectural Control Committee. All roofs
shall be not less than 8/12 pitch. In no case shall the Architectural Control Committee's approval of
proposed improvements be unreasonably withheld.
g. No fence, wall or hedge shall be placed on any Lot nearer to the front street than is
permitted for the house on said Lot except on the side of comer lots which will be as allowed by the
City and approved by the Architectural Control Committee. No fence wall or hedge shall be placed
on any portion of the sites with a greater height than eight feet (8') and no wire or woven fence is
permitted on any part of any Lot, except as otherwise approved by the Architectural Control
Committee. Should a hedge, shrub, tree, flower or other planting be so placed, or afterwards grown,
so as to encroach upon adjoining property, such encroachment shall be removed upon request of the
owner of the adjoining property. All Lots in Block 14 that side or back to the open space area will be
required to construct a wrought iron type fence in the location required by the Plat and Park
Concept Plan as Exhibit "A" and Exhibit "B" of the Zoning Ordinance and in a design as re~red
by ~he Developer. tence maintenance to be borne by the Homeowner's Association;J~ Il"ence
mamtenance to be bOrne by the property owner. Should the property owner neglect mamtenance of
the fence, the Homeowner's Association has the right to step in and maintain the fence and bill the
individual owner for said maintenance as allowed for under the By-Laws of the Homeowner's
AssociationJ
h. All Lots shall be used for single-family residential purposes only. No building shall be
erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-
family residence per Lot, which residence may not exceed two (2) stories in height, and a private
garage as provided below.
i. Each residence may be occupied by only one family consisting of persons related by
blood, adoption or marriage or no more than two unrelated persons living together as a single
housekeeping unit, together with any household servants.
j. None of the Lots shall be subdivided into smaller Lots.
k. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot,
except that dogs, cats or other household pets may be kept, provided that they are not bred or
maintained for any commercial purpose.
DECLARATION OF RESTRICTIONS, COVENANTS
AND CONDITIONS OF ROSS DOWNS ESTATES, PHASE V
Page 2
Ordinance 0-92-850
ATTACHMENT 2
Page 8 of 14
1. No noxious or offensive act or activity shall be allowed upon any Lots, nor shall
anything be done thereon which may become an annoyance or a nuisance to the neighborhood.
m. No sign shall be erected or maintained on any Lot except a "for sale" sign, which sign
shall not exceed fifteen (15) square feet in size, or a sign owned by the Developer or by the
Homeowners of Ross Downs Estates.
n. No radio, television or other aerial shall extend above the highest point of the roof of any
building and no such aerial shall be maintained on any Lot not containing a dwelling, except as
may be approved by the Architectural Control Committee. Satellite dishes must not exceed fence
height and will be screened from street view. There will be no ground mounted radio antennas.
o. The garage door of any house or residence within Ross Downs Estates, covered by these
restrictions must open on the side or at the rear of the house or as otherwise approved by the
Architectural Control Committee. Each residence must have a minimum of a two-car garage with
a maximum of three car garage. Front entry garages could be allowed on lots if the opening is 60'
from the property line, and is approved by the Architectural Control Committee.
p. A Lot or and any portion of any Lot that is exposed to the public view must be maintained
by the property owner in a neat and orderly fashion.
q. No Lot affected hereby shall be used for the dumping or storage of rubbish, trash, debris,
surplus soil or rocks, etc.
r. No oil drilling, oil development operations, oil refining, quarrying or mmmg
operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels
mineral excavations or shafts be permitted upon or in any Lot. No derrick or other strocture shall
be erected, maintained or permitted upon any Lot.
s. No outbuilding, shop or trailer or residence of a temporary character shall be permitted.
No building material of any kind or character shall be stored upon the Lot until the owner is ready
to commence impro;vement.
t. No boats, trailer, mobile home, camper, boat trailer or similar wheeled vehicle shall be
stored (except temporarily, not to exceed 24 hours) nearer to the street than the front of the Living
Unit situated thereon. No house trailer, mobile home, camper, boat trailer or similar wheeled
vehicle shall be stored or parked on any Lot except in a closed garage or within the fenced, walled
or enclosed portion of such Lot, and any such fence, wall or other enclosure shall be subject to
approval by the Architectural Control Committee.
u. Specifically exempted from the provisions of this section are activities by the Developers
of Ross Downs Estates, Phase V carried out in the regular pursuit of constroction, maintenance
and sales within the subdivision which exemption shall end when all development activity
including sales by them or their assigns are completed.
v. No vehicles of any size which transport inflammatory or explosive cargo may be kept in
the Addition at any time.
w. Mailboxes shall be constrocted of brick to match the residence.
DECLARATION OF RESTRICTIONS, COVENANTS
AND CONDITIONS OF ROSS DOWNS ESTATES, PHASE V
Page 3
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Ordinance 0-92-850
ATTACHHENT 2
Page 9 of 14
x. Each Lot on which a dwelling unit is constructed shall have landscaping, including, but
not limited to, shrubs, flowers, trees, ground cover and grass, of a sufficient quality, quantity and
design to be compatible with landscaping on adjoining lots and the neighborhood setting intended
for Ross Downs Estates, Phase V. Lot owners shall use reasonable efforts to preserve, keep and
maintain the landscaping in a healthy and attractive condition. All retainer walls must be
approved by the Architectural Control Committee.
y. Each lot owner shall mow and maintain the landscaping and vegetation of his Lot in
such a manner as to control weeds, grass and/or other unsightly growth. If after ten (10) days prior
written notice, Owner shall fail to (1) control weeds, grass and/or other unsightly growth; (2)
remove trash, rubble, building and construction debris; or (3) exercise reasonable care or conduct
to prevent or remedy an unclean, untidy or unsightly condition, then the Association shall have
the easement, authority and right to go on to said Lot for the purpose of mowing and cleaning said
Lot and shall have the authority and right to assess and collect from the Lot owner a reasonable fee
for mowing and cleaning said Lot on each respective occasion of such mowing or cleaning, The
assessments, plus 10% interest per annum thereon and costs of collection thereof, shall be a charge
on the land and shall be a continuing lien upon each Lot against which each such assessment is
made. Each such assessment, together with such interest thereon and costs of collection thereof,
shall also be the continuing personal obligation of the person who was the owner of such Lot at the
time when the assessment occurred. The lien securing any such assessment shall be subordinate
and inferior to the lien of any mortgage or any renewals or extensions thereof existing prior to the
assessment date. The lien will accrue from date a "Notice of Lien" is filed in the lien records of
Tarrant County, Texas.
z. A Homeowner's Association will be formed and each lot owner will be required to be
part of the Homeowner's Association and adhere to the bylaws of said Homeowner's Association
for Ross Downs Estates.
Architectural Control Committee
No building shall be erected, placed, or altered on any building plot in this subdivision
until a complete set of building plans (which shall clearly indicated all exterior materials) and a
plot plan of the location of such building shall have been delivered to the Architectural Control
Committee designed as hereinafter provided, and until such building plan and plot shall have
been approved in writing by the Architectural Control Committee as being in conformity and
harmony with the external design and location of the existing structures of the subdivision and in
compliance with the restrictions herein contained. The plot plan and plan shall be returned to the
owner of the Lot after approval of the Architectural Control Committee has been appropriately
endorsed thereon. The Declarant shall have the authority to appoint the Architectural Control
Committee and to remove without cause any person serving on the Architectural Control
Committee. The Architectural Control Committee shall consist of not less than two nor more than
three members, and the Declarant shall also have the authority to fill any vacancies in the
Architectural Control Committee.
The Architectural Control Committee is authorized to delegate to one or more
representatives authority to perform the duties of the Architectural Control Committee as set forth
herein. In the event that the Architectural Control Committee should at any time fail or refuse to
appoint a successor Committee, the owners of a majority of the Lots included within the
subdivision, as determined on a per lot basis, shall have the right to elect or appoint, from time to
time, a successor Architectural Control Committee.
DECLARATION OF RESTRICTIONS, COVENANTS
AND CONDITIONS OF ROSS DOWNS ESTATES, PHASE V
Page 4
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Ordinance 0-92-850
ATTACHMENT 2
Page 10 of 14
In the event the Architectural Control Committee, or its designated representative, fails to
approved or disapprove any building plans, specifications and plot plans within five (5) working
days after the same are submitted to it, and if all terms contained in these restrictions have been
complied with, the Architectural Control Committee shall be deemed to have approved such plans,
specifications and plot plan. The Architectural Control Committee shall in no event be liable in
damages for any action or failure or refusal to act pursuant to the provisions hereof.
The Architectural Control Committee shall receive no fees or compensation for its
services. The initial Architectural Control Committee shall consist of two or more persons to be
appointed by the Declarant.
General Provisions
The restrictions, covenants and conditions of this Declaration shall run with and bind the
land, and shall inure to the benefit of and be enforceable by the Association or the Owner of any
land subject to the Declaration, their respective legal representative, heirs, successors and assigns
for a term of twenty-five (25) years from the date this Declaration is recorded, after which time
said covenants shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by the then Owners of fifty-one percent (51%) of the Lots or Living Units has
been recorded, agreeing to change said restrictions, covenants and conditions in whole or in part;
provided, however, that no such agreement to change shall be effective unless made and recorded
one (1) year in advance of the effective date of such change and unless written notice of the
proposed agreement is sent to every Owner at least thirty (30) days in advance of any action taken.
EXEnJrEDthis
dayof'
,19_.
ROSS DOWNS ESTATES V.
THE STATE OF TEXAS )
COUNTY OF TARRANT )
This instrument was acknowledged before me this the day of
19-> by ROSS DOWNS ESTATES V., a Texas Corporation and on behalf of said Corporation.
Notary Public, State of Texas
My commission expires:
Notary's printed name:
DECLARATION OF RESTRICTIONS, COVENANTS
AND CONDITIONS OF ROSS DOWNS ESTATES, PHASE V
Page 5
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Ordinance 0-92-850
ATTACHMENT 4
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Ordinance 0-92-850
ATTACHKENT 5
Page 13 of 14
SUMMARY OF PROPOSED DEED RESTRICTIONS
AND OPEN SPACE AMENITIES
HOME SIZE:
Lot 11-24, Block 13 2,200 slf
Balance of the development 2,450 slf
p a: Z OFf'i'(;c
Rac.E1VE:D
EXTERIOR:
ROOF PITCH:
85% masonry
JAN 24 1992
~ 08 ~ntI1~1l:L""E:
8/12 Prestig,ue II (Weatherwood)
FENCING: All lots that side or back to open space will require that
the builder construct an approved wrought iron fence
P2.IOIZ. -ro~cJANG.R., 0'" A . c.&1C.T1 ~"1'7L c:lP' c~PA.~a.(.
HOMEOWNER'C'. ". '\ . . ,>\ ..'.... ;", . 'IT';'..."."'.' '. ,., ,.., , ) T}r', ..~~,
,'0..- "i.~l.~\.Jl.i !.J: :-"'. '!:~-"'.)':'~_"~;._t ~?l:.,~...l_--t"i",;~.-.i r't, .I_,}:--j._~
ASSOCIATION: .'Mandatory" Hori1~oWner's 'Association for Open Space
Maintenance.
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OPEN SPACE AMENITIES
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1. 1.~oot wide jogging t.rail entering Open ,Space on all four sides. . .
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2.
Direct access to the park. by 19.of 51 lots
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3.i -j , r :Wrouglififoll. fences required of all builders'on lots that side on back to the
_._::,..:.;OpenSpace area. ,;,--i:r.> Hnt'i":\',/~~;\' ';"'\''-':';''''''~! ,'!', ,>,;, ; ,~",p.' '<'~;"'>'
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4.
5.
, . Idep.tity sign at primary p~k .e~try
Pavers at three of four entries
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6. Picnic Area: With concrete pavers
2 PiCiiic' Tables" '. u ':,' , ". .- >
. , 1 Barbeque Grill '.~... .
...1 f..j~}:' "i~v'l{l:-~ h~::~~"ii".:J ;;'-.'Ji: :"-,r.:r,i~': ~r:u \;''':(;''j :~-~'!.\:-~ lp :";n ~-~i ;~)li;' :";'-.'.~~~:,~.
P.ea. Gravel Play Area:. Concrete Cutb, Edge' .'
. ,',',Oq',:; ",. ",., Drainage Sys~em
--.;: ,. " '.' '..,t'.', . Wood ~~-;Fap}'Jay ~tru~~e..
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8..:.: ->,Large foW''earthfonilbeftns thoughout open' space : .
9. mr.ormaltreeplantings ass'hown'onP~k COD,cept Plan
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Ordinance 0-92-850
ATTACBKENT 6
Page 14 of 14
PLAYGROl.TND APPARATUS ILLUSTRATION
OPTION #1
Space required:
28'11 'h" x 23'1 O'h-
(8827 MM x nn MM)
Actual Size:
16'11 'h-x 11'10'h"
(3588 MM x 3620 MM)
Structure irdudes 1 p1atlorm plus
the following componenIS:
CJ04.4 firepole, 064 chain net,
022.1 double juniOr belt swing,
0818-4 slide.
OPTION #2
4
Space reqund:
33'S'A-x28'11%-
(10,204 MM x 8833 MM)
Actu8I Size:
21'S:Wx 16'11%-
(6547 MM x 5175 MM)
SIruclure includes 1 double
platform plus the foIowing oompo-
nenIS: P08O-4 arch, 53O-bubbIe
waI. 01 (}tire swing, 0144 sidng
pole, 0818-4 side,
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