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HomeMy WebLinkAboutCity Council-Agenda Packets-1/24/2006 city Of PUBLIC NOTICE COLLEYVILLE CITY COUNCIL WORKSESSION AGENDA JANUARY 24, 2006 6:00 P.M. COLLEYVILLE PUBLIC LIBRARY SECOND FLOOR 110 MAIN STREET I. Call To Order II. Discussion concerning the zoning request to amend the Zoning and Development requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 '". Adjournment I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 20, 2006, at 5:00 p.m. 0QYv~ /J!A Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 MEMORANDUM Office of City Manager TO: Mayor and City Council cc: Paul Frederiksen, Assistant City Manager Terry Leake, Finance Director Barry LeBaron, Community Development Director Bill Lindley Village at Colleyville Development January 20,2006 FROM: SUBJECT: DATE: I met with Richard Myers Thursday morning to discuss the format for the Tuesday evening work session for the proposed Village development zoning modifications. During our discussion, the developer briefly reviewed plans for the presentation including: . Current development status · Current and proposed parking arrangements · Landscape buffering along the western property 'ine (adjacent to City Park) · Anticipated distribution of proposed reallocation of square footage compared to the current distribution · Schedule depicting the proposed allocation of square footage by zoning categories I have requested the City Attorney review his calendar to attend the work session. However, if there is a conflict, an attorney with the firm will be attending to assist with discussion and potential drafting of language modifications for the proposed ordinance. A copy of the January 17 briefing is included for your reference. As a part of the discussion Thursday morning, the developer noted a couple of points you will be considering in the coming weeks apart from the current zoning proposal. · The first deals with his planned request to have a driveway access to a two-car garage be accessed across a public open space owned by the City. This area was deeded by the developer previously to the City. The building will be constructed adjacent to Luxor Jewelry and face Elixir Day Spa. The developer contends the driveway adjustment is needed to minimize the visual appearance of the garage doors facing Piazza Lane. The request of the property owner is tentatively scheduled for the February 7, 2006 City Council meeting. Staff has advised the developer we would recommend against the request based on maintaining open area in the Village. Staff is in contact with the City Attorney for determination on the process for reallocation of the use of the area if supported by the City Counci' to proceed. · Secondly, contingent with City Council approval of the requested zoning for Area "A" and "B", the developer will be required to file a modification to the current plat to delete an alleyway and other improvements negated based on the revised development zoning plans if approved by the City Council. · Lastly, there is currently a parking lot located close to Area liB". The parking lot will need to be relocated as part of the building construction plans. The developer will provide a new location for the same size parking lot to meet the parking lot requirements. Staff will be coordinating the process with the City Attorney for future City Council consideration in relocating the City dedicated parking lot. Subsequent to my meeting with the developer, Councilmember Hendler requested staff prepare various information in anticipation of the meeting next week. While some of the questions are able to be addressed at this time, remaining items will be provided at the work session. Unfortunately, time constraints simply prohibited our being able to assemble all the information. Status of Villaqe development Councilmember Hendler asked what the square footage of retai' for the Village is today, compared to the 2000 TIF Agreement projections. For your reference, a copy of the Village TIF Agreement is provided. During the Thursday discussions with the developer, he advised there is 47,600 square feet of retail-restaurant area already built. Reviewing the 2000 projections, the developer anticipated 85,000 combined square feet for the two categories by FYE 2005. The 2005 TAD property valuation for the Village is $20,551,370. This results in a $17, 410,231 adjustment from the 1999 base year property valuation of $3,141,139. The 2000 Village TIF Agreement anticipated an overall property valuation of $36,325,000 by 9-30-05. 'ncluded with this packet is an attachment provided by the Finance Director depicting the various property valuations per address currently recorded by the TAD. The Village TIF Agreement provided a seven year period of TAD valuation growth coming online for the City property tax roll. Starting with FYE 2004 and ending in FYE 2010, the developer's initial TIF projections anticipated an overall property valuation growth of 858,000 square feet for all categories of property use. The developer had identified in the 2000 TIF projections 270,000 square feet of residential property. 2 The developer commented during the City Council meeting this week that given the zoning modifications his goal is to complete the Village within three years. If achieved, this would put the developer back in line with the 2000 TIF property growth projections of having everything on the property tax roll by FYE 2010. Given the magnitude of the scope of construction being proposed, a three year period is aggressive but can likely be achieved given the construction management experience of the two Village development partners (RCC and HSM Urban Partners). Staff is preparing a schedule for the work session showing the revised square footage of the "to be built" buildings as a result of the proposed zoning request. The developer indicated during the discussions Thursday morning that the bulk of the proposed residential adjustment would be coming from a reallocation of office area to residential use. Since 2001, the City has processed $303,510.86 in repurchase payments of pub'ic assets to the developer. You will recall the Finance Director annually provides to the City Council, a copy of the TIF calculations and corresponding payment. While defined specifically in the Village TIF Agreement, the payments are based on the prior year valuation of property growth against the base year of 1999. VII TIF P t I age aymen s FISCAL AMOUNT YEAR PAID 2001 $ 1,484.63 2002 $ 6,180.48 2003 $ 35,261.46 2004 $ 94,329.17 2005 $166,255.12 The developer is preparing, in response to Councilmember Hendler's request, by address the status of occupancy and use of the current buildings. As part of my Thursday morning discussion, the developer was able to provide the following information as a recap concerning the current status of building area built. Village constructions status by category SQUARE CATEGORY FOOTAGE Retail 47,600 Office 56,500 Residential 57,650 Subtotal: 161,750 Government 54,000 Total: 215,750 3 Residential percent of "build-out" Staff is in the process of preparing for distribution at the work session, draft language for your discussion addressing the developer's commitment to construct 50% of the remaining area prior to receiving a Certificate of Occupancy for Areas "A" and "B". In the discussions with the developer, he affirmed the percentage commitment is applicable for the full Village and does not apply to Areas "A" and "B". A policy question for the City Council may be a consideration of any credit for the current 1 04, 1 00 square feet of existing non-residential area toward the developer obligation in meeting Tuesday evening's discussion of the 50% threshold. The developer discussed Thursday that financially, he can not accept a stipulation requiring a guarantee of retail area being occupied prior to Certificates of Occupancy for the residential units in Area "A" and "B". Additionally, the developer felt he could not agree to a graduated scale where the issuance of residential permits was tied to a percent of issuance of Certificates of Occupancy for retail units. The developer was very understanding in working with the City to assure a commitment to develop the retail component for the project but felt the financial burden of having unoccupied retail space was a strong incentive for his expeditiously leasing the retail space. Modified residentia' zoninq The developer is in the process of preparing a schedule to identify the anticipated percent of the new square footage area for residential properties. The developer will have the information available for the work session. Staff is in the process of developing a drawing that will identify by lots the potential square footage available resu'ting from the proposed zoning. The drawing will identify those areas already built with a corresponding indication of square footage. Also, the drawing will denote areas specifically zoned for residentia' and those for mixed use with noting the potential square footage allowed. The goal of developing this drawing is to assist your visually seeing the layout of anticipated construction by the developer. Buildinq lavout As a follow up to Councilmember Hendler's request, the developer has been asked to prepare information for the residential units regarding: · The typical construction/elevation style · Identification of the number of single-multi story and the number of units that will be incorporated in a mixed use building · Accessibility by residents (i.e. stairway or elevator) Due to time constraints, the developer will assemble this information for presentation at the meeting next week. 4 Current plat A copy of the overall lot arrangement for the development is included with this packet as requested by Councilmember Hendler. We have denoted on a supplemental plat drawing lots allocated for parking and where buildings already have been constructed. Landscapinq area adiacent to City Park Councilmember Hendler has requested that the developer prepare a detailing of his proposed landscaping along City Park to assure its consistency with plans of the City work. During the Thursday morning meeting, the developer suggested that the City retain a landscape planner to prepare a landscaping plan for the corridor of the Village that is adjacent to City Park. The developer felt this would be an easier approach to fulfilling any expectations of the City by it actually defining the standards. The developer is agreeable to complying with the design standard and elements decided by the City Council thus assuring a control over the consistency of the landscaping area for both the Village and City areas. This is an approach easily achievable by the City and likely be done with staff. Consu'ting costs would be in the range of $5,000 to $10,000 if we did need assistance. The City Attorney will be preparing draft language for City Council consideration to be incorporated in the ordinance. Proposed parkinq qaraqe Councilmember Hendler requested information about the developers plans for a parking garage. The current plan for the two level parking garage provides it being built along the southern portion of the development (adjacent to the Kroger shopping center) incorporating the existing parking lot. The facility would be built and paid for by the developer. I understand during the initial approval of the Village zoning, the City Council and deve'oper were supportive of a plan for the developer to construct a multi-level parking garage at this location. The developer's plan is have a ground level (existing lot area) and second f'oor parking garage. The City does not have any construction drawings or elevation- concept drawings for the facility. The current trees and parking light fixtures will be relocated to other areas by the developer with the construction of the facility. Staff anticipates the developer proceeding with construction of the parking garage within the next eighteen months. The current ground level parking lot was not incorporated as part of the zoning for the proposed Village project. The Finance Director advises that in early 2001, the City paid $210,000 for the allocation of 150 parking stalls for City use. 't is my understanding the intent of this was to provide for parking stalls as part of the adjoining City facility project located in the Village. The City uses the western portion of the parking lot for City employee and City vehicle parking. The developer made reference during the City Council meeting of his continued plans to construct a parking garage at the location. There had been prior 5 discussion with the developer whether an above ground parking garage is an eligible TIF repurchase. Should the developer make a request for repurchase by the City for the facility, a definitive legal opinion would be prepared by the City Attorney. The current land area for the parking lot is owned by the City. During the construction of the initial improvements, the developer constructed the parking lot but then later deeded the site to the City. The City is not under any obligation in cost participating, nor would I recommend such, in the construction of a parking garage as proposed by the developer. The Colleyville Land Development Code requires a SUP for parking garages in either a CC1 or CC2 area. As such, the developer will be required to obtain approval by the City to consider a request to seek zoning change and also an ultimate approval for the proposed parking garage. Since the parking garage requires an SUP; the City Council will have an opportunity to define the garage elevation, adjacency to adjoining properties, etc. Staff will provide a meal for the work session to accommodate the early start time (6:30 p.m.). We will be hosting the meeting on the second floor of the Colleyville Public Library. Hopefully you will find the information provided with this memo informative and useful with the continued discussions with the developer. Please give Barry or myself a call if we can assist you in preparation for the work session. I look forward to seeing you Tuesday evening. Attachments: . January 17 City Council briefing for the Village . Village TIF Agreement . 2005 Tax Valuation for the Village . Plat for the Village at Colleyville . Village Parking Lot and Lots Built 6 CITY COUNCIL ~'" AGENDA BRIEFING T~:'(a$ MEETING DATE: ITEM # : ORDINANCE # : 01/17/06 5 0-06-1560 I CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW Previous Action: 01/03/06 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval to amend the Zoning and Development Requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 Second Reading and Public Hearing Subsequent to the January 3, 2006 public hearing, the property owner of the tract of land labeled as parcel "C" on the attached Exhibit "A" submitted a letter to the City requesting the parcel be deleted from the rezoning request. According to information contained in the letter from the property owner, the developer and the property owner have not been able to come to terms for the acquisition of the property. The property owner does not want to be left with commercial related zoning on the property in the event the property sale does not eventually occur. A copy of the letter is attached to this agenda briefing. The attached proposed ordinance has been modified to delete parcel "C". The developer agrees with staff to honor the property owner's request to delete parcel "C" from the ordinance. The developer verbally indicated to staff that as soon as the property is acquired, a rezoning application will be submitted at a later date to incorporate the parcel into the Village at Colleyville PUD-C boundary with the same provisions that are being proposed in the rezoning application currently under consideration. Deleting parcel "C" from the rezoning proposal leaves the original boundary of the Village at Colleyville development in place. The 300 unit cap on the maximum number of residences allowed by the currently approved PUD-C ordinance is retained within the attached proposed ordinance. To evaluate the effect on the overall residential development potential for the Village at Colleyville, staff has prepared a set of maps and corresponding tables of dwelling unit counts for three different scenarios. The three scenarios include a review of the residential impact under the currently approved PUD-C ordinance, approval of the developer's request for higher density within Areas "A" and "B", and (3) the ultimate density when parcel "C"is added at a later date. A copy of the three maps is attached to this agenda briefing. At the January 3, 2006 public hearing, members of the City Council asked for information concerning the height of City Hall, impact of the proposed zoning changes on the Tax Increment Financing (TIF) Agreement, specifics of the proposed landscape buffer proposed to be located adjacent to City Park and details on the wrought iron fence and retaining wall along the north boundary of the development. Agenda Briefing Ordinance 0-06-1560 Page 2 of 6 In response to City Council request, staff reviewed the City Hall construction plans and determined the height of the City Hall to be 48' 2" at the eaves of the roof, which compares to the 56' maximum eave height requested by the developer for Areas "A" and "B". The 48' eave height will remain applicable for the balance of the development, except for certain lots located along the northern boundary, which are limited to 2-1/2 stories. The developer has provided a drawing of the wrought iron fence detail for the northern boundary of the development, and a copy is attached to this agenda briefing. The developer has also provided a memo and photos of the specifics on the landscape buffer proposed for the western boundary of the Village at Colleyville development. A copy of the memo and the photos is attached to this agenda briefing. Pursuant to the City Council request, the City Attorney has reviewed the proposed Village zoning changes relative to the Village TIF Agreement. Based on such review, the City Attorney determined that the TIF agreements are value rather than use contingent, and as such, the proposed zoning change will not negatively impact the City's rights under the agreements. During the January 3, 2006 meeting, there was discussion concerning the type of screening trees proposed along the northern boundary of the development. The developer stated that he would be planting a tree of an evergreen variety that would provide a year-round screen to the adjacent property and grow more upright that outward to avoid blocking the adjacent alley along the perimeter of the development. According to the attached memo from the developer, the proposed screening trees will be red oak, live oak, bald cypress or lacebark elm. ) / First Reading and Public Hearing Realty Capital Corporation is the developer of the Village at Colleyville, a 24-acre mixed-use development located west of Colleyville Boulevard at the intersection of Main Street. The PUD-C Planned Unit Development Commercial zoning for this development was established on January 19, 1999, with the approval by the City Council by Ordinance 0-99-1131. The PUD-C zoning for this project allows a mixture of retail, office and residential units within multi- level structures. Additional development regulations were later affixed to the development on May 7,2002, with the approval by the City Council by Ordinance 0-02-1337.4. The May 7, 2002 amendments were primarily designed to address a number of issues not anticipated when the original ordinance was adopted by the City Council in 1999, such as encroachments of right-of-ways with bay windows and balcony overhangs. Request. The developer has submitted a request to amend the PUD-C zoning and development requirements for the project to re-distribute the total number of residential units allowed within the Village at Colleyville to locations better suited to the long-term build-out of the mixed use project. The developer is also requesting to rezone an additional property in order to expand the boundaries of the project. Agenda Briefing Ordinance 0-06-1560 Page 3 of 6 Approval of the amending ordinance will allow higher residential density within two (2) specific areas from 30 units to 70 units at each location. The developer has also included in the proposal a request to rezone a 1.08 acre parcel from AG Agricultural to PUD-C Planned Unit Development Commercial and to affix the same development standards to the 1.08 acre parcel that are currently applicable to the entire Village at Colleyville, except to allow 70 residential units within this additional parcel. Residential Density. The original PUD-C ordinance adopted in 1999 allows one primary residential dwelling unit per each building site shown on the approved site plan of the development. Each building site is also allowed to contain an ancillary unit, provided the ancillary unit does not exceed 600 square feet. There are 150 building sites in the development, according to the approved site plan for the Village at Colleyville, and if each site were to be developed as per the approved ordinance, a total of 300 residential units could ultimate.ly be developed within the 24.07 acre project. One-half (150 units) would have no square footage limitation and the other one-half (150 units) would be limited to the 600 square foot maximum size. The developer is requesting approval to re-distribute the 300 residential units by allowing a higher density of residential units within three specific locations of the Village at Colleyville. The 300 maximum limit of residential units would be retained in the ordinance. The three locations are identified on the attached Exhibit "An as Sub-Area "A", "B" and "C". Currently, the ordinance will allow construction of 30 residential units (15 primary units and 15 ancillary units) within each of Sub-Areas "An and "B", which are part of the original development. Sub-Area "C" is a proposed expansion of the Village at Colleyville project and will extend the boundaries of the project to include a 1.08 acre tract that is currently zoned AG, but occupied with a single family residence. The developer is requesting the ordinance amendment to allow up to 70 residential units in each of these three areas. The proposed amending ordinance, attached to this agenda briefing, incorporates the language requested by the developer to allow the increase in the number of residential units and to delete the 600 square foot limit on the ancillary units for the three sites in question. Maximum Residential Component. The Village at Colleyville was created in 1999 as the first mixed-use development in Colleyville. The development was approved during the height of the New-Urbanism movement of the last decade where residential living above a commercial business on the ground floor became fashionable across the country. To encourage and promote retail and office developments in the Village at Colleyville and to prevent the project from becoming solely a residential development, the original ordinance that established the zoning for the Village at Colleyville, included provisions to limit the percentage of residential development. The zoning divided the Village at Colleyville into two (2) areas. One (1) area requires a higher percentage of commercial development on the ground floor, while the second area allows a higher percentage of residential on the ground floor. There are no restrictions on the amount of residential area allowed on the upper floors of a building. Within the Neighborhood Center District, which generally parallels Main Street and Village Agenda Briefing Ordinance 0-06-1560 Page 4 of 6 Lane, a maximum of 20 percent of the building sites may contain a single family residence on the ground floor. In the Neighborhood General District, which surrounds the periphery of the Village at Colleyville, a maximum of 40 percent of the building sites may contain" a single family residence on the ground floor. Additionally, there is a provision that states a maximum of 30 percent of the total building sites in the project may contain a single family residence on the ground floor. A fourth provision places a maximum limit of 45 percent of the total square footage of the Village at Colleyville that may be used for residential purposes. Maximum Square Footage. The developer's request to delete the ancillary unit provision within the three sub-areas shown on Exhibit "A", poses a potential conflict with the 45 percent maximum square footage requirement contained in the original zoning ordinance, and this provision is proposed for deletion in the proposed amending ordinance. Maximum Building Height The 1999 ordinance for this PUD-C limits building heights to a maximum of 48 feet, or 3.5 stories. According to the definition of building height contained in the Land Development Code, the height of the buildings in the Village at Colleyville is measured to the eave of the third floor. The one-half story above the third floor is limited in area to a maximum of 400 square feet. Exhibit "B", attached to this agenda briefing, illustrates how the building height is measured for the building types constructed in the Village at Colleyville. The overall height of buildings in the Village at Colleyville could actually be constructed to a height of 58 feet. The developer is requesting an amendment to establish an overall maximum building height of 56 feet as measured to the eave of the fourth story, but only on the buildings that will be located on the lots located within the three (3) sub-areas shown on Exhibit "A. The proposed amending ordinance incorporates the language requested by the developer to allow buildings to have four (4) stories. Fire Protection. The Colleyville Fire Department has provided comments regarding the need for all buildings to be equipped with fire detection and suppression systems. Attached to this agenda briefing, is a copy of a memo from the City of Colleyville Fire Marshal, regarding this request. Parking. The original zoning ordinance for the Village at Colleyville requires two (2) parking spaces for a residential unit located on the ground floor and the parking spaces must be on the same building site. One (1) additional parking space is required if an ancillary unit is also on the building site. For residential units situated on upper floors, two (2) parking spaces are required, which may be on the same building site or within 400 feet of the residence. The developer is requesting the residential units situated within the three Sub-Areas as shown on Exhibit "A" be required to have 1.75 parking spaces. Site Plan. Exhibit "A", the site plan, will be incorporated into the proposed amending ordinance to identify the three (3) specific sub-areas where the proposed amendments to the original ordinance will apply. Agenda Briefing Ordinance 0-06-1560 Page 5 of 6 Fences, Walls and Screening. The approved PUD-C ordinance currently requires the developer to construct an eight-foot (8') tall wrought iron fence where this PUD-C zoning district abuts City Park, except for the City Hall and Library property. The developer is proposing an amendment to the ordinance to replace the eight-foot (8') wrought iron fence requirement with a landscaped buffer with natural openings. In those areas where a retaining 'wall will border the City Park property, a 42" tall wrought iron guardrail will be installed on top of the retaining wall. The PUD-C ordinance also requires construction of a six-foot (6') masonry screening wall along the entire length of the northern boundary from City Park to Pleasant Run Road. The developer is requesting an amendment to the ordinance to replace the masonry screening wall with a landscaped buffer with natural openings. In certain areas where a retaining wall borders the northern property line, a 42" tall wrought iron guardrail will be installed on top of the retaining 'wall. The proposed amending ordinance incorporates the above (2) two screening modifications. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial land uses. The mixed-use development of the Village at Colleyville project is consistent with the goals of the Master Plan. The rezoning of the additional 1.08 acre parcel of ,land from the AG zoning district to the PUD-C zoning district is also consistent with the goals of 'the Master Plan. Surrounding Development Trends. The surrounding properties are single family residential, commercial and municipal park uses. The properties to the north are zoned AG and R20 Single Family Residential and are developed as single family residences. The property to the south is zoned CC2 Shopping Center and is developed as the Kroger shopping center. Properties to the east are zoned CC1 Village Retail and CN Neighborhood Commercial and are developed with non-residential uses along Colleyville Boulevard. The property to the west is zoned AG and is developed as City Park. In the vicinity of the Village at Colleyville, commercial development is expected to continue along Pleasant Run Road and Colleyville Boulevard, respectively. Property Valuations. According to the most recent tax rolls of the Tarrant Appraisal District, the valuation of all properties and improvements within the Village at Colleyville totals $23,068,309, which generates $80,139.00 in property tax revenues annually. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 150 additional proposed residences would add 1,436 vehicle trips per day to the surrounding roadways. Agenda Briefing Ordinance 0-06-1560 Page 6 of6 Public Notification. Staff mailed notices to 37 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. At the time of agenda preparation, no letters of opposition to the request have been received. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the property as a commercial area. The maximum number of residential units allowed for this development has not increased from the 300 units originally proposed. With the expansion of the boundaries of the project to include an additional property, the overall residential density of the project is actually less than that originally approved in 1999. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the December 12, 2005 meeting and recommended approval by a unanimous vote with the following suggested amendments: 1) that areas A, B and C have underground parking as part of the ordinance using 1.75 parking spaces per unit; 2) clarify Section 8 of the ordinance to state the certificate of occupancies. for the residents will be issued upon fifty percent of the retail be constructed 3) the landscape buffer in place of wrought iron fence and masonry wall to be four inch caliper trees planted 25 to 30 feet apart with trees consistent with the Umd Development Code. Recommendation Approval Attachments · Zoning and Location Map · Exhibit "A" Site Plan · Exhibit "B" Building Heights · List of Property Owners Notified · Memo from Fire Marshal · Additional Drawings Provided by Developer · Maps and Tables of Three Residential Scenarios · Letter from the McNosky's · Ordinance 0-06-1560 Zo . nlng and Location Map Cl1~t pNl" ~9f 1 I f\-2\J(~co s.s.s. ~~ p.-pl- I ~a!( Cl1'( pt'" ~ . "10 1'" M: .5 . "" _ ?- \b~. CO ~ to t. a.e.S' #'If.'f "'-~ r Location Ua Village at Cone~lIe EXHIBIT "A"- SITE PLAN D NORTH ~-C~~"J~_~ . -~ ,: -- - -- - -~-..~;~~~li+'.A~'h: - :~u~:) ~. ':';J~8-~;;0; S'; ; ;,~:-:.,.,'l'";~'E";<J;;J;it: ,!" ~~"' ....', 'i'.,.J . ... . '. ii', r;';/~:i8 ,-,r;"i~,r."L. _ ".- ,,;.. = ~'2'>',~>;(1 ,", . "BI~ . '''"........, "') >",~ '..'./ ,_< ~.'c.~' " ':'. "",.: .';: +--~ . 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H" . ~.)___ .', j lra\' '-',.jl . :1 "7 ' ~--~ j! . I! ' ...,.. .'----;-- ! , ' ---- H ... ":-1 ~...,. 1[, ~~ \ <0 : 'Y}' i ~t :>~~,~ i .;/. /"~ ,I' , / ~.' .. '-~.<':....., ~I './ ~ . '. "'J.. "I.', '00.'1 '~l'~~.-'c.9~/ I -/' 0-/ . :./-. . 'I"' /~/ . . 11-.... / / . ~." I l1 / i 7f ,- / ; --- ~F= : t:!!::ifiA ~==- 1 UJ:.':.I . ...."""'. ~ l~l -"'......... ~ .' ;~~....I~~,lii~!fJ ~w.?j::.~1 ==~:,~~~;;. 'fifE, VIL{.AG~:"'1r.CQl;[j;YYILL~ ..~' " ',.$~i~:~': . ~ ftxU,...- ~:.a:=-" -. -. ~if~ Orl~\tr; "foOlI, OOglEU~'L~...~:J.;- ~.:.~;t~""'~~..;'t...:;-,... ._~'"*~ EXHIBIT "B" - BUILDING HEIGHTS ! 400 SF. PENTHOUSE . UNIT 3 UNIT2 UNIT 1 if b ~ b b .~ " . b , PARAPET WALl ROOF DECK . 3RD LEVEl. FINISH fln 2ND LEVEL FINISH FLOOR GROUND LEVEL 01 1YPICAL SE01O~ FOR STANlMRD BUtlOlNG.HEIGHTS I THE VIUAGE 'COl1EYVJLLE SCN.E: 1/8"-1'..()'I . Voc Builders Lp. 15 Coldwater Cr. Lorena, TX 76655 Archie, James Wallace II 34 Piazza Lane Colleyville, TX 76034 Brown, Richard Etux Kathy 5005 Shadowood Rd. Colleyville, IX 76034 Colleyville P'aza 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 Figueroa, Hobert & Beverley 817 Central Drive Colleyville, TX 76034 Gable, Michael & M A Smith 813 Central Drive Colleyville, TX 76034 Guirguis, Waguih Etux Nancy 2325 Danielle Drive Colleyville, TX 76034 McNosky, Anthony T 5108 Pleasant Run Road Colleyville, TX 76034 List of Property Owners Notified 99 Main Investors LP 454 E. Oxford Rd. North Barrington, II 60010 Banks, James Etux Julia 715 Central Drive Colleyville, TX 76034 Colleyville 5005 L1c. 16 Seaview Dr. Kingston, MA 02364 o & V Walker Family Lp #2 Etal 5501 Normandy Dr. Colleyville, TX 76034 Fay Family Lp. 4605 Mill View Dr. Colleyville, TX 76034 Ghauri, Khalid Pervez 92 Piazza Lane Colleyville, TX 76034 Haley, Jason B Etux Kimberly K 711 Central Drive Colleyville, TX 76034 Merced Partners Lp. 62 Main St. Colleyville, TX 76034 Applebee's Of Texas Inc. 4551 W. 107111 St. Ste. 100 Shawnee Mission, KS 66207 . Brothers, Lloyd PO Box 45 Colleyville, TX 76034 Colleyville Glade Corp. 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 Elixer Salon & Day Maker Inc. 85 Village Lane, Suite 150 Colleyville, TX 76034 G & B Property Mgt. Group Lp. 62 Main St. Suite 110 Colleyville, TX 76034 Groffman, steven Etux Beth 815 Central Drive Colleyville, TX 76034 J P Morgan Chase Bank PO Box 2558 Houston, TX 77252 Mozing, William L Etux Eoun 5007 Shadowood Rd. Colleyville, TX 76034 The Owl's Nest Lp .85 Village Lane, Suite 100 Colleyville, TX 76034 Realty Capital Village #1 Lp. 32 Village Lane, Suite 200 Colleyville, TX 76034 Rogers, J Andrew . 201 Main St. Suite 2500 Fort Worth, TX 76102 Young, Catherine Sue 811 Central Drive Colleyville, TX 76034 TCBE Investments, Le. 5004 Thompson Terrace Colleyville, TX 76034 Sawyer, Nelle C Tr. 1594 Kalaniuka Circle Honolulu, HI 96821 Turner, Christine 713 Central Drive Colleyville, TX 76034 Venable, Ruth M PO Box 362 Colleyville, TX 76034 Village Builders Ltd. 32 Village Lane, Suite 200 Colleyville, TX 76034 Village Fine Homes Ltd. 2557 SW Grapevine Pkwy. Suite 200 Grapevine, TX 76051 Village Jv Lie. 4400 Eaton Cr. Colleyville, TX 76034 Village Management Ltd. 99 Main St. Suite 200 Colleyville, TX 76034 Village Management Ltd. 32 Village Lane Suite 200 Colleyville, TX 76034 Memo from Fire Marshal ~~ l'exaS FIRE DEPARTMENT MEMORANDUM TO: M. Johnston, Fire Chief FROM: J. J. Jones, Fire Marshal DATE: 12/19/2005 SUBJECT: Village of Colleyville . I have reviewed the proposal to amend the ordinance of the Village PUD. I would suggest that we add the following section to cover the entire Village: Add to Section 4 and Section 5: c. The buildinQs shall be equipped with fire detection and suppression systems as required by the Collevville Fire Marshal. This is a very simple statement and will allow us to specify the type of fire sprinkler and fire alarm system for all buildings within this district. Currently, each lot of phase I has a fire line tap, anticipating the fire sprinkler system installation. Some of the issues we have found using the current standards: 30 Piazza This is the residential building at the corner of Piazza and Pleasant Run. Built according to the 2001 Codes and existing PUD, a fire alarm system was installed. The fire alarm was controlled by a single occupant, power for the system and telephone service depended on occupancy and payment by one of the residence. Likewise, without controls over the design of the fire sprinkler system, the sprinkler system and backflow device is under the control of one of the building occupants. If that home is sold or becomes vacant, it is difficult to manage this system since it is not in a "common area', independent of a single tenant. 51 Piazza We agreed to allow the installation of a "residential" fire sprinkler system since that was the ;ntended use of the building. The very first occupant of this building was the building owner who occupied the space as his business office. The "garage" is used as an office, changing this use and design standard for the system. 62 Main A commercial system was installed in this building that initially included residential occupancies on the third floor. These type R occupancies included garages on the first floor, not typically requiring sprinkler protection. In fact, one of the garages was changed to accommodate the first floor restaurant. This garage area is now food storage and includes a freezer and rack storage. 55 Main I 85 Village These two buildings were built under the 91 Uniform Code and did not include standpipes. The developer desired to add a penthouse occupancy to the roof. Modifications would have required the addition of the standpipe. By requiring a commercial system, designed for the . highest possible use of the building, this would have been anticipated and made the. modifications possible. 32 Village This building was "reviewed" by an outside agency. Initially there were two mpletely different fire alarm systems. One in Goldies and another system for the rest of the building. The modifications to this design were expensive and inconvenient for the new owner. . By allow us to specify the type of system, we could anticipate the highest possible use and provide consistent requirements for builders and vendors. Rather than write and include specific requirements in the Ordinance, I would suggest leaving us the ability to work with the developer for individual buildings. For example, if a Gazebo was constructed, it would not need either system. Likewise, if a single story 5,999 sq. ft. building was built, current fire codes would not require that the building have a fire sprinkler system or fire alarm system. Side lot lines and building set backs could put buildings very close together, perhaps requiring that the building have a system anyway. If the developer knew that all buildings would have an approved system, that design and system cost would be anticipated and there would be no retro fit costs if changes to the building or use happened. · Buildings would have a fire sprinkler system that meets the requirements of NFPA 13. (Commercial system with approved underground systems and backflow devices). · Designed for the highest possible use of the building. · Cornmercial systems would be maintained by an HOA or building owner, not an individual occupant. · System would be accessible from the exterior of the building, allowing for annual inspections of system and backfIow devices. (Some systems are in garages of individual tenants now). , · This would require/allow a visual inspection ad approval of the underground piping. · Individual tenant could not turn system off or have system turned off for non payment of electricity, telephone service or water. ( Thank you for the opportunity to provide input into this amendment. c: file ) Additional Drawings Provided by Developer o ~ en rTJ (") --i 6 z > }. 'fIlMS 1-4. ..... .........-- o ;0 z ,. ;0;:: "'''' ~~ z,. -. z "':ii ",0 ,.2 F;;: 2 <> '" '- ~ <> ::l o z Ii I II rJ) I~I' lJ) . I ~ L..JL !:; ~ ,:<:C 0> q i ...1 :- - ~~ 8 ~~ ~~ ill!liS!i ORNAMENTAL IRON FENCEI RETAINING WALL EXtaBIT bi.fqlJ 1111! m.uae AT axll!YfIU.B I. Xf. ax.Il!YI'IIlli 7EW' NO.1 .......... OM' - ....., C><W<O> ..... llAH IllAH I K8 T 01/09/06 REALTY CAPITAL CORPORATION 9g ~ St.. Sub 200 CoIr~. T..os 76034 m.. (1517) .uJ8-4200 fAX (817) 424-24-48 . c-r t:J r;) Bainl, Hampton .t Brown Inc. ~CJ~En9;neerin9 & Surveying -.......... _..-...-..._.....~_.......-~ Barry- Attached is an exhibit that illustrates how The Village intends to landscape the buffer yard between its western property line (north of City Hall) and City Park. In addition, per the City Council's request, The Village intends to use one or more of the following tree species in both the northern and western boundary buffer yards: 1. Red Oak 2. . Live Oak 3. Bald Cypress 4. lacebark Elm Currently, all four of these tree species have been planted in The Village at variuos locations. By planting these trees in the buffer yard, The Village would be keeping with a consistent landscaping theme. Please feel free to call rne at (817) 488-4200 ext 105 if you have any questions. Jimmy Archie Realty Capital Corporation 99 Main Street, Suite 200 Colleyville, Texas 76034 Tel. (817)488-4200 ext.105 Fax (817) 424-2448 \ } Existing buffer yard between The Village at Colleyville's western property line and City Park Proposed buffer yard between The Village at Colleyville's western property line and City Park (with additional trees every 30') Maps and Tables of Three Residential Scenarios ) Residential Development That Would Be Allowed Under Proposed Revision to the Village PUD-C Ordinance _cc~___ --------JiXHleIT.!''A!~~---- -- ..... . ." ---"." .; .! ~.:""" ~-.:;.. , . '.":. ,j) '..-[ I , ~..... :: ! IIi _I-'~r' - f"-, ;: ; r ~" I :f/' []fl : // .,$.}( -- tit ,-- IIi':. :7'1'./ ; '/1-.... : " , ;' ~~ :--:'. . ..J" , j 1 ~ _: _'. , f i ". / .", ../~.~:~ -.. ~ n $ =~:=:~:EJ.- ... ... - THe Nll;u,CE . AT.:\>OL,l.EY.YIi.L: '. -;:~.." "tU.w::a~,...." .......~ ........- ~ftSI,.'__ ~.2Illt @~I5l~~;f~:- . '. ..~_-:.::_:-~.ti;'_~ ~.. - -- --~--_._----_.__. Maximum Residential Unit Analysis With Higher Density in Areas "A", "B" & "C" Area Full Size Ancillary Total Units Units Units "A" 70 0 70 "8" 70 0 70 "C" 70 0 70 Non-desiqnated 45 45 90 Total 255 45 300 Note: Ancillary units limited to 600 square feet Residential Development That Would Be Allowed Under Proposed Revision to the Village PUD-C Ordinance :::.<< ! ";." ....\ . . ". . '-w;.,.~ "~-'>i. .~~. "fj::i 11 "'1 . <~ :L. . ;/ f i . i.. ~...;.' ~. ." . .: f... _ i'/!;'/~ ! I .~. ~-" ! 1/' :' . T'tEV/lkc~.c~iiC(lLLEYY'U: ..... . . . .' -. ,.. ,.. - .. ..,. ! trJ:l:; .:., i 'fl"~'''' ~,:I J .: ...-. __:O.F.i'O . f~f, . J;" , ~r' /.i. ..1'1 )/ : . -.u;a ~:_.. fll __ Iliutt . . . Mn:bO . ati.ImtuL ft.N MG4' '.~~: ~..~' @J~~,,=~~. ~~c:-~.=~e~~ .~-_.".' ---.----. -.. Maximum Residential Unit Analysis With Higher Density in Areas "A" & "B" Area Full Size Ancillary Total Units Units Units "A" 70 0 70 "B" 70 0 70 Non-desiqnated 80 80 160 Total 220 80 300 Note: Ancillary units limited to 600 square feet Residential Development Allowed Under Currently Approved Village PUD-C Ordinance ,_. I crJ:1 - -=.......- --- - =.:00.. ! =.w-.... ! / : 10:."1 .. E3 -=G.if- .,. ~ II __ ,-~/' :L I / 1/ ! Ii, : / II ,/ .! ' / j' ~-l>>~L i! ;' I ;' - ---. : ~/II / rfi~:~J. I : ::.-- :- i . I .I -- : I / f'~~.~i~ if .: :::r::.. -..'\:'" _t== II I .6 / THE VILLAGE AT COLLEn ,IIi / ,~. .Il~ i ~U& ;(/ ! I .......::".::. __ II ! i -.- 1 / I @8lEl~..=':: tu=- ::-~ =l:r"=n. ~. ~. Maximum Residential Unit Analysis Currently Approved PUD-C Ordinance Area Full Size Ancillary Total Units Units Units Total 150 150 300 Note: Ancillary units limited to 600 square feet ;o;.....~-~"',:~ ~"--"'--"....--~ 1/10/06 To: The Mayor and City Council of Colleyville Re: Remove property from request for zoning From: Tony and Dee McNosky Unfortunately, we have not been able to resolve issues with RCC with regard to the acquisition of our property. We therefore request that our property be removed from the current request for zoning. We requested the zoning at the request of RCC with assurances that we could remove our request at anytime, if a deal was not reached. We have been participating in negotiations and we have made great progress. Time is running short, however, and we feel that we have reached an impasse that will take time to resolve. If we must remain on the property for an qndetermined amount of time, we would prefer to not incur the taxes of a commercially zoned property. We would, therefore, like to remove our property from any zoning considerations at this time. We apologize for any inconvenience to the city or the council. We appreciate your support and understanding in this matter. Sincerely; Vivian "Dee" McNosky J\;~ ~ ~.~ RECEIVED j JAN 1 1 2006 Per .~....:1 -..~'"--.-.~---~ --- ~--.._---_....~-----~"'.......~~ ORDINANCE 0-06-1560 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED BY ORDINANCE 0-99-1141, AS AMENDED BY ORDINANCE 0-02-1337.4, BY INCORPORATING ADDITIONAL DEVELOPMENT STANDARDS FOR CERTAIN DESIGNATED LOTS AND AREAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Realty Capital Corporation on October 31, 2005, under Case No. Z-05-034; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate .provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-1560 Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards pertaining to specific locations within the boundary of the PUD-C: K. ADDITIONAL DEVELOPMENTST ANDARDS 1. Notwithstanding anything to the contrary contained in Ordinance 0-02- 1337.4, the following additional provisions shall be applicable to lots 18, 19,20,21, and 22, as depicted in Sub-Area "A" on the attached Exhibit "A: a. The building or buildings on all of these lots combined may contain up to a maximum of 70 residential units. ) b. The building or buildings on these lots shall be allowed to have four' (4) stories. The height of the buildings may not exceed 56' measured to the eave of the fourth story of the building. c. The building(s) on these lots shall only allow retail or restaurant use on the ground floors of the buildings. d. The building or buildings on these lots must contain underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. 2. Notwithstanding anything to the contrary contained in Ordinance 0-02- 1337.4, the following additional provisions shall be applicable to lots 15, 16, 17,24, and 25, as depicted in Sub-Area "B" on the attached Exhibit "A: a. The building or buildings on all of these lots combined may contain up to a maximum of 70 residential units. b. The building or buildings on these lots shall be allowed to have four (4) stories. The height of the buildings may not exceed 56' measured to the eave of the fourth story of the building. c. The building(s) on these lots shall only allow retail or restaurant use on the ground floors of the buildings. d. The building or buildings on these lots must contain underground garages in order to accommodate a minimum of 1.75 parking Sec. 3. Sec. 4.. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Ordinance 0-06-1560 Page 3 of 5 spaces per residential unit. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards: a. The requirement for an eight-foot (8') tall wrought iron fence where this PUD-C District abuts City Park, except for the City Hall and Library property, shall be deleted. b. A landscaped buffer with natural openings shall be provided in lieu of the wrought iron fence. However, in areas where a retaining wall borders City Park property, a 42" tall wrought iron guardrail shall be installed on top of the retaining wall. c. All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required by the City of Colleyville Fire Marshal. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards: a. The requirement for a six (6') foot masonry screening wall along the entire length of the northern boundary from City Park to Pleasant Run Road is hereby deleted. b. A landscaped buffer with natural openings shall be provided in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4") caliper, spaced at 25' to 30' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering Of the Land Development Code. However, in areas where a retaining wall borders the northern property line, a 42" tall wrought iron guardrail shall be installed on top of the retaining wall. THAT the provision contained in Section 1.E.1 of Ordinance 0-02-1337.4 regarding the 600 square foot maximum for ancillary residential structures shall not be applicable to Sub-Areas "A" and "B" as identified on the attached Exhibit "A". THAT the provision contained in Section 1.E.4 of Ordinance 0-02-1337.4 regarding the 400 square foot maximum for the additional story level above the third floor shall not be applicable to Sub-Areas "A" and "B" as identified on the attached Exhibit "A". THAT no certificate of occupancy shall be issued for a residential dwelling unit in Sub-Areas "A" and "B" as identified on the attached Exhibit "A", until fifty (50) percent of the space reserved for retail and office use is constructed. THAT the provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4 Ordinance 0-06-1560 Page 4 of 5 regarding the limit of one residence per building .site shall not be applicable to Sub-Areas "A" and "B" as identified on the attached Exhibit "A". Sec. 9. THAT Section 1.E.1.a.4 regarding the forty-five (45) percent cumulative total square footage for residential shall be amended in its entirety to read as follows: a. Not more than 300 total residential dwelling units shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4 and expanded by the incorporation of additional properties with the approval of this ordinance. Sec. 10. THAT the tracts and parcels of land described above shall be used only in the manner and for the purposes provided by the. Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 11. 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 Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 12. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall ") not .affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 13. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 14. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2006. The second reading and public hearing being conducted on the day of 2006. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ordinance 0-06-1560 Page 5 of 5 CITY OF COLLEYVILLE David Kelly Mayor Exhibit" A" " 'x .o__..~ 'j ~ !. j , I . , ..' I .! ,.&:".,.--- .. . . . ::!:;;-~, ~..... ';J . .4'.... .J"' /, €l> . ~,: Ii' .. ., ~. ! . r~" . i ... ~.. ;".~~ =~ <D' ..l:dif- I V to i i ; I .fEI:.. ............ ."....1 . .~.. y . i .'1>1"' I ~'\oloW"" ~ ~~ t:.\_t "':""AF- sf ~.~ ' ',1/ . II 8'-'1 II . . TIlE VILlAGE AT COLLEYVIU' ::~~ . .w.woc .~a.,.. ua. . .. MUM ....ut ..... ... ~.~~ ........ - .-.-~.---_..-_...-._._----_...__.__._._--~---_.-...---~_..------.., . . - . >...y.-.----....----'-----" , / Village TIF Agreement city Of llC9 Texas THE STATE OF TEXAS COUNTY OF TARRANT CERTIFICA TION I CYNTHIA SINGLETON, City Secretary of the City of Colleyville, Tarrant County, Texas, do hereby certify that the attached is a true copy of City of Colleyville Resolution R-OO- 1751, approved by the City Council on January 16, 2001. WITNESS MY HAND AND SEAL OF SAID CITY this 1 st day of February 2001. C0c ht-~ Qj~~ Cynthia Singleton, TRMC, City Secretary '1 P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 RESOLUTION R-01-1751 A RESOLUTION RESCINDING RESOLUTION R-99-1586 AND APPROVING A TAX INCREMENT FINANCING AGREEMENT FOR. REDEVELOPMENT SITE NO. 1 WITH VILLAGE MONTICELLO PARTNERS, L TD WHEREAS, the City of Colleyville has established a tax increment financing district in cooperation with other area taxing entities; and WHEREAS, the Village Monticello Partners, L TD (VMP) has proposed a mixed use development that will expand the commercial and sales tax base of the district in keeping with the intent of the creation of the district; and WHEREAS, VMP has requested that the City reimburse VMP for a portion of the cost of public improvements being made to its property within the district; and WHEREAS, these reimbursements will only be made according to the terms and conditions of the Tax Increment Financing Agreement for Redevelopment Site NO.1 with Village Monticello Partners, L TO, as approved by the Colleyville City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the VMP tax increment financing district agreement attached as Exhibit I is approved and the Mayor is authorized to sign the agreement. AND IT IS SO RESOLVED. Passed by a vote of ..3 ayes, 2 nays, and 0 abstentions, on this /(P'tt- daYOft~,2001. Resolution R-01-1751 Page 2 of 2 ATTEST: 4~~ Cynthia Singleton City Secretary CITY OF COLLEYVILLE: ~ Donna Z:;~ Mayor EXHIBIT 1 AGREEMENT FOR REDEVELOPMENT SITE NO.1 This Agreement for Redevelopment Site No.1 ("Agreement"), is made and entered into this the 151'" day of 'Fehruo....:I'';) , 2001, by and between THE CITY OF COLLEYVILLE, TEXAS, a home-rule municipality located in Tarrant County, Texas ("City"), and VILLAGE MONTICELLO PARTNERS, LTD., a Texas limited partnership, or its designated transferee ("Developer"). The City and the Developer are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties." Recitals WHEREAS, the City has the authority to adopt tax increment financing pursuant to the Tax Increment Financing Act, V.T.C.A., Tax Code, Section 311.001, et seq., as amended (the "Act"), for areas within its jurisdiction designated by the City as reinvestment zones pursuant to the Act, and to implement other economic development or financing programs pursuant to Chapter 380 of the Local Government Code and other statutes under the City's home-rule power; and WHEREAS, the City has authorized the preparation of a preliminary project plan and preliminary reinvestment zone financing plan for the area located in the City and described and depicted on Exhibits A-I, and A-2 attached hereto and made a part hereof (the "Reinvestment Zone"); and WHEREAS, in accordance with the Act, the City, after giving all notices required by law, conducted a public hearing with respect to the creation of a Reinvestment Zone and its benefits to the City and to the property within the proposed Reinvestment Zone; and WHEREAS, the City, after giving and publishing all notices required by law and after AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 1 C:\Forms\City\redevelopmcnt4rtf.agmt.wpd dak 1/16/01 conducting all public hearings required by law, and after making all presentations to, and conducting all meetings with, each taxing unit that levies taxes on real property in the Reinvestment Zone as required by the Act, adopted an ordinance which, among other things, designated the property within the Reinvestment Zone as the "Tax Increment Financing Reinvestment Zone # I, City of Colleyville, Texas"; and WHEREAS, in accordance with the Act, the Board of Directors of the Reinvestment Zone has prepared a project plan and a reinvestment zone financing plan, (collectively "Plans"), and the City, in accordance with the Act and after making all findings required by the Act, has adopted, or will adopt, an ordinance approving the Plans; and WHEREAS, the Developer is the owner and proposed developer of an approximately 26 acre parcel of real property within the City and within the Reinvestment Zone located generally at the intersection of Colleyville Boulevard and Pleasant Run Road, and legally described in Exhibit "B" attached hereto (the "Property"), which Property shall also be known as Redevelopment Site No. I in the Reinvestment Zone; and WHEREAS, the Developer currently intends to develop and improve all or a portion of the Property as a joint use office, retail and residential development (generally referred to herein as the "Project"), in various phases, in substantial conformance with the plan attached hereto as Exhibit "c" (the "Concept Plan"), and in accordance with the requirements of the City of Colleyville zoning ordinance and other ordinances of the City; and WHEREAS, to facilitate the development of the Property, and subject to and in accordance with the terms of this Agreement and the limitations hereinafter stated, the City has agreed to use some of the proceeds from the City's implementation of economic development or AGREEMENT FOR REDEVELOPMENT SITE NO. ] - PAGE 2 C:\Forms\City\redevelopment4rtLagmt.wpd dak 1/16/01 financing programs authorized by statute or the home-rule powers of the City to pay the project costs (as defined in Section 311. 002( 1) of the Act as now or hereinafter provided), in connection with the installation and completion of various public improvements listed on Exhibit "D" (collectively the "Public Improvements"), including the reimbursement of the Developer for project costs incurred by the Developer in connection with the redevelopment (including, without limitation, demolition, site preparation, installation of utilities, construction of public improvements, etc.), of the Property; and WHEREAS, the parties previously executed that certain Agreement For Redevelopment Site No.1, dated December 21, 1999 which the parties have agreed to rescind and replace with this Agreement; and WHEREAS, this Agreement has been submitted to the City and the Developer for consideration and review, and the City and the Developer have taken all actions required to be taken prior to the execution of this Agreement in order to make same binding upon the City and the Developer according to the terms hereof; and WHEREAS, the City, after due and careful consideration, has concluded that the redevelopment of the Property as a portion of the Reinvestment Zone, as provided for herein, and in the Project Plans, will further the growth of the City, facilitate the redevelopment of the entire Reinvestment Zone, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, foster increased economic activity within the City, increase employment opportunities within the City, upgrade public infrastructure within the Reinvestment Zone, and otherwise be in the best interest of the City by furthering the health, safety, morals, and welfare of its residents and tax payers, and that entering into this Agreement is necessary and AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 3 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 convenient to implement the Plans and achieve their purposes; and WHEREAS, the City is desirous of having the Developer undertake the Project in order to serve the needs of the City and in order to produce increased tax revenues for the various taxing units authorized to levy taxes on real property within the Reinvestment Zone and the City and, in order to stimulate and induce the redevelopment of the Reinvestment Zone, the City has agreed to pay certain Proj ect costs through property tax increment revenues, all in accordance with the terms and provisions of the Act and this Agreement. NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: Recitals Part of the Agreement 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated and made part of this Agreement as though they were fully set forth herein. Mutual Assistance 2. Cooperation. The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications (and, in the City's case, the adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to time, to carry out the terms, provisions, and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. Effectiveness of Agreement 3. Effective Date. This Agreement shall become effective from and after its AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 4 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 approval and execution by both parties. Redevelopment and Use of the Property and Construction of the Public Improvements 4.1 The Project. Developer shall construct the Project in substantial conformance with the Concept Plan. The Project may be constructed in phases at Developer's sole discretion; provided that the Developer shall comply with all applicable ordinances of the City, including, without limitation, the PUD zoning ordinance governing the Project. 4.2 Public Improvements. The Developer shall construct the Public Improvements and pay the cost of such construction. In constructing the Public Improvements, the Developer shall comply with all requirements and take all action necessary to insure the cost of the Public Improvements are project costs reimbursable under The Act. The City shall cooperate with the Developer to insure all costs of the Public Improvements are reimbursable under The Act. To the extent that any of the Public Improvements to be constructed by the Developer are located on City owned rights-of-way or easements, the City shall grant to the Developer and its designees access to enable construction of the Public Improvements. 4.3 City Approval. Prior to the commencement of the construction, the Developer shall submit to the City and obtain the approval of the City of the plans for the Public Improvements and shall construct the Public Improvements in conformity with the plans approved by the City. Reimbursement of Eligible Project Costs 5.1 Definitions (a) Project Costs. For the purposes of this Agreement, "Project Costs" AGREEMENT FOR REDEVELOPMENT SITE NO. ] - PAGE 5 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/0] shall mean and include all costs defined as Project Costs in Section 311.002(1) of the Act as now or hereinafter provided. (b) Increased Ad Valorem Tax Attributable to the Project. For the purpose of this Agreement, "Increased Ad Valorem Tax Attributable to the Project" shall mean the amount calculated by deducting the certified taxable value of the Property for the purpose of ad valorem taxes on January 1, 1999, from the certified taxable value of the Property for the purpose of ad valorem taxes for each subsequent year, and multiplying that amount by the combined real property tax rate established by the City of Colleyville, Tarrant County, Tarrant County Hospital District, and Tarrant County Community College District for the applicable Tax Year. (c) Increased GCISD Ad Valorem Tax Attributable to the Project. For the purpose of this Agreement, "Increased GCISD Ad Valorem Tax Attributable to the Project" shall mean the amount calculated by deducting the certified taxable value of the Property for the purpose of ad valorem taxes on January 1,1999, from the certified taxable value of the Property for the purpose of ad valorem taxes for each subsequent year, and multiplying that amount by the real property tax rate established by the Grapevine-Colleyville Independent School District for the applicable Tax Year. (d) DSCI Threshold. The term "DSCI Threshold" means each Tax Year in which the Increased Ad Valorem Tax Attributable to the Property exceeds the amount of the annual debt service (principal and interest) on any bonds issued by the City to pay for the planned City Hall and Library to be constructed in the Project (the "Bonds"). For instance, if the bond debt is $6,000,000.00, and if the annual debt service is $645,000.00, and if the combined tax rates of the entities equals one percent (1 %), then the DSCI Threshold would be reached when AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 6 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 the certified taxable value of the Property after deducting the certified taxable value of the Property for ad valorem taxes on January 1, 1999, exceeds $64,500,000.00 ($64,500,000.00 x 1 % = $645,000.00). (e) Tax Year. As used in this Agreement the tern1 "Tax Year" means October 1 of each year to September 30 of each year. 5.2 Reimbursement Payments. The City shall reimburse the Developer for Project Costs actually paid by the Developer in the construction of the Public Improvements, subject to the following conditions and limitations: (a) All Reimbursements Payments shall be from the Tax Increment Fund established pursuant to Section 311.014 of the Act. (b) The total Reimbursement Payments to the Developer shall not exceed $7,500,000.00. (c) Subject to Subsection 5.2(b) above, Reimbursement Payments to the Developer shall be equal to (but shall not exceed) the sum of the following: (i) Sixty Percent (60%) of the Increased GCISD Ad Valorem Tax Attributable to the Project until such time as the Project reaches the DSCI Threshold, after which time the Reimbursement Payments will be increased to seventy percent (70%) of the Increased GCISD Ad Valorem Tax Attributable to the Project. The City's obligation to pay any amount calculated upon a percentage of the Increased GCISD Ad Valorem Tax Attributable to the Project is expressly conditioned upon the Grapevine-Colleyville Independent School District participating in the Tax Increment Financing District established by the City pursuant to the Act, and Reimbursement Payments to the Developer based upon the Increased GCISD Ad Valorem AGREEMENT FOR REDEVELOPMENT SITE NO. I . PAGE 7 C:\Forms\City\redevelopment4rtLagmt.wpd dak 1/16/01 Tax Attributable to the Project shall never exceed the amount actually received by the City as a result of the participation of the Grapevine-Colleyville Independent School District in the Tax Increment Financing District established by the Act and applicable to the Project; provided, however, after such time as the Property reaches the DSCI Threshold in the event the Grapevine- Colleyville Independent School District refuses or fails to participate in the Tax Increment Financing District established by the City pursuant to the Act and applicable to the Property during a Tax Year, then the City shall pay Reimbursement Payments to the Developer from the City's Retained Tax Fund, as defined in Section 5.2(e) hereof, as necessary to pay the Developer up to an amount equal to 70% of the Increased GCISD Ad Valorem Tax Attributable to the Project; provided the payments from the City's Retained Tax Fund shall not exceed the amount deposited into the fund during the Tax Year of payment to the Developer, plus (ii) An amount equal to one percent (1 %) of the sales upon which state sales tax has been paid for businesses operating on the Property after the effective date of this Agreement, provided however, that such amount shall never exceed in any Tax Year the amount received by the City and not paid to the Developer from the Increased GCISD Ad Valorem Tax Attributable to the Project as set out in Subsection 5.2(c)(i). The City agrees to reasonably cooperate with Developer in verifying the amount due under this paragraph, plus (iii) After such time as the Project reaches the DSCI Threshold, seventy percent (70%) of the Increased Ad Valorem Tax Attributable to the Project. (d) The Developer shall not be entitled to reimbursement for the construction of any Public Improvement until its completion. The Public Improvement shall be deemed completed when the City certifies that the improvement is completed. The Developer AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 8 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 may request a certification of completion from the City for each Public Improvement. The City shall, within 30 days after the date of said request, either issue a certificate of completion for the Public Improvement or identify in writing the reasons the certificate of completion has been withheld. (e) The City shall deposit into a fund the Increased GCISD Ad Valorem Tax Attributable to the Project and the Increased Ad Valorem Tax Attributable to the Project, not otherwise paid to the Developer under Section 5.2 hereof (the "City's Retained Tax Fund"). The City's Retained Tax Fund may be used by the City to 1) pay in any tax year the annual debt service (principal and interest) on the Bonds, 2) to make principle payments on the Bonds, or 3) make payments to the Developer called for in paragraphs 5.2(c)(i) and (ii) hereof. All interest earned on the City's Retained Tax Fund in a Tax Year shall be applied to the payment of the annual debt service on the Bonds for the next Tax Year and shall be deducted from the annual debt service for the purpose of calculation of the DSCI Threshold for the next Tax Year. 5.3 Date of Reimbursement, Payments and Tern1ination. (a) The City shall make the first payment of accrued Reimbursement Payments to the Developer on the 1 SI day of April, 2001. Additional accrued Reimbursement Payments shall be made to the Developer annually on the same day in each successive year until termination pursuant to the provisions hereof. (b) The Developer's right to receive reimbursement payments under this Agreement shall end on April 2, 2014, and no further payments shall be made to the Developer under this Agreement after said date. AGREEMENT FOR REDEVELOPMENT SITE NO. I - PAGE 9 C;\F orms\Ci ty\redevelopmen t4 rtf.agmt. wpd dak 1116/0 I Warranties 6.1 Authority. (a) The City hereby represents and warrants to Developer that the City has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perfoml the temlS and obligati6ns of this Agreement, and all of the foregoing have been or will be duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, is enforceable in accordance with its terms and provisions and does not require the consent of any other governmental authority. (b) Developer hereby represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of Developer. Concurrently with Developer's execution of this Agreement, Developer has delivered to the City copies of the resolutions or other corporate actions authorizing the execution of this Agreement and evidencing the authority of the persons signing this Agreement on behalf of Developer to do so. Accordingly, this Agreement constitutes the legal, valid and binding obligation of Developer, and is enforceable in accordance with its terms and provisions. 6.2 Authorized Parties. Whenever under the provisions of this Agreement and other related documents and instruments or any supplemental agreements, any request, demand, approval, notice or consent of the City or Developer is required, or the City or Developer is required to agree or to take some action at the request of the other, such request, demand, AGREEMENT FOR REDEVELOPMENT SITE NO. I - PAGE 10 C:IForms\Citylredevelopment4rtf.agmt.wpd dak 1/16/01 approval, notice or consent, or agreement shall be given for the City, unless otherwise provided herein, by the City Mayor or his designee and for Developer by any officer of Developer so authorized (and, in any event, the officers executing this Agreement are so authorized); and any Party shall be authorized to act on any such request, demand, approval, notice or consent, or agreement. Prior Agreement 7. It is the intention of the parties that the prior agreement dated December 21, 1999 entitled "Agreement for Redevelopment Site No.1" be rescinded and replaced with this Agreement. Miscellaneous 8.1 Time of Essence. Time is of the essence of this Agreement. The Parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. All dates and time periods provided for in this Agreement shall be delayed during any pending or threatened litigation that would affect the ability of the City to reimburse the Developer from the Tax Increment Fund as provided in Section 311.014 of the Act. 8.2 Default. (a) A Party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such Party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. (b) Before any failure of any Party to this Agreement to perform its AGREEMENT FOR REDEVELOPMENT SITE NO. I - PAGE II C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 obligations under this Agreement shall be deemed to be a breach of this Agreement, the Party claiming such failure shall notify, in writing, the Party alleged to have failed to perform of the alleged failure and shall demand perforn1ance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining Party within thirty (30) days of the receipt of such notice, subject, however, to the terms and provisions of Section 5 .2( d). Upon a breach of this Agreement, the non-defaulting Party, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. No action taken by a Party pursuant to the provisions of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in the event of a default by the other Party. (c) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, without limitation, pending or threatened litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions (such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or tornadoes, labor action, strikes or similar acts) the time for such performance shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 12 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance. 8.3 Amendment. This Agreement, and any exhibits attached hereto, may be amended only by the mutual agreement of the Parties evidenced by a written amendment, by the adoption of an ordinance or resolution of the City approving such written amendment, as provided by law, and by the execution of such written amendment by the Parties or their successors in interest. 8.4 Entire Agreement. This Agreement (including all Exhibits attached to this Agreement) sets forth all agreements, understandings and covenants between and among the Parties relative to the matters herein contained. This Agreement supersedes all prior agreements, negotiations and understandings, written and oral, and shall be deemed full integration of the entire agreement of the Parties. 8.5 Severability. If any provision, covenant, agreement or portion of this Agreement, or its application to any person, entity or property, is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants, agreements or portions of this Agreement and, to that end, all provisions, covenants, agreements or portions of this Agreement are declared to be severable. 8.6 Texas Law. This Agreement shall be construed in accordance with the laws of the State of Texas, and any actions concerning this Agreement shall be brought in either AGREEMENT FOR REDEVELOPMENT SITE NO. I - PAGE I3 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 the Texas State District Courts of Tarrant County, Texas or the United States District Court for the Northern District of Texas. 8.7 Notice. Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a nationally recognized overnight courier service; or (iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the Parties at their respective addresses set forth below, and shall be effective (a) upon receipt or refusal if delivered personally or by telecopy facsimile; (b) one (1) business day after depositing with such an overnight courier service; or (c) two (2) business days after deposit in the United States mails, if mailed. A party may change its address for receipt of notices by service of a notice of such change. All notices by te1ecopy facsimile shall be subsequently confirn1ed by U.S. certified or registered mail, return receipt requested. If to the City: with a copy to: If to Developer: City of Colleyville 401 Oak Valley Drive Colleyville, Texas 76034 Attn: City Manager Fax Number: (817) 577-7555 Ross T. Foster ROSS T. FOSTER, P.e. 9001 Airport Freeway, Suite 675 Fort Worth, Texas 76180 Fax Number: (817) 485-2836 Richard A. Myers Village Monticello Partners, Ltd. 1111 S. Main Street, Suite 200 Grapevine, Texas 76051 Fax Number: (817) 424-2448 AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 14 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 with a copy to: 1. Andrew Rogers KELL Y, HART & HALLMAN 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Fax Number: (817) 878-9242 8.8 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. 8.9 No Recordation. The Parties agree that this Agreement may not and shall not be recorded without the prior written consent of Developer. 8.10 Consent or Approval. Except as otherwise provided in this Agreement, whenever consent or approval of either Party is required, such consent or approval shall not be unreasonably withheld. 8.11 Interpretation. This Agreement has been jointly negotiated by the Parties and shall not be construed against a Party because that Party may have primarily assumed responsibility for the drafting of this Agreement. 8.12 Exhibits. All exhibits attached hereto are declared to be a party of this Agreement and are incorporated herein by this reference. 8.13 Assignability. The rights and obligations of Developer hereunder may be assigned in whole or in part at any time by Developer to an affiliated entity (an entity which Richard Myers controls) without consent by the City, and to a non-affiliated entity only with the City's consent. IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. AGREEMENT FOR REDEVELOPMENT SITE NO.1 - PAGE 15 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 CITY By: CITY OF COLLEYVILLE, TEXAS Donn~~r ClyJ ATTEST: Cynthia Singleton, City APPROVED AS TO FORM: ?~ Ross T. oste, City Attorney DEVELOPER LAGE MONTICELLO PARTNERS, LTD. AGREEMENT FOR REDEVELOPMENT SITE NO. I - PAGE 16 C:\Forms\City\redevelopment4rtf.agmt.wpd dak 1/16/01 Exhibit A-1 COLLEYVlLLE TIF PROJECT PLAN Tot* Non-TIF TIF Project Cast Cost Cost S.H. 26 Improvements - raised medians. curb .00 gutter. drainage. street lighting, landscaping, traffic signals, water, and sanitary sewer 6,350,000 1,500.000 4,850.000 Hall-Johnson Road ImprovemtHttS - roadw.y constrUction, R.O.W. acquisition, drainage. utility edjustments, landscaping, etc. 3.300,000 1,400,000 1,900,000 Main S~ tmpro~ment& - pltving, drainage, utilities. signag., strUt lighting, landscaping, etc. 700,000 700.000 Church Street tmprovements - paving. dRinage. utirrties. traffic signal, signege. street fighting. landscaping etc. ',100,000 , ,100.000 Downtown Area. Improvementa - stIWeU. land, public parking, bridge work., sidewaJks. planning and engineering, etc. 2.200.000 2,200,000 Riverwalk Drive Improvements - paving. drainage. utilities, signage. street lighting, landscaping, etc. 1.200,000 1.200,000 Bluebonnet Road Improvements - paving. drainage, utllities, sign8ge. street lighting, landscaping, etc. 750,000 80,000 670.000 Bogart Road Improvements - paving, drainage. utilities, signege, street lighting, landscaping. etc. 780,000 1 BO,OOO 600.000 TinkerlSanders Int"8rsection Improvements - paving, drainage, utility adjustments, signage, street lighting, traffic signal, landscaping, etc. 220,000 220.000 City Half 3.500.000 3.500.000 Plaza 2.734.360 2.734.360 Public ParKing Structure 2.120,960 2,120.960 Storm Water Detention 200.000 200,000 library 1,740,000 1.500,000 240,000 PoIicII Station 0 Hill Station 1,493,500 1,493.500 Public Parking Lots, Land. and Engineering 3,011,180 3,01 1, , BO School Improvements 7,938,690 7,938,690 Professional services - engineering. planning, inspection, testing, etc. 650,000 650,000 Total 39,988,690 4.660,000 35,328.690 11130f199B OJ ~ ~ . ~ ..,.., > = ~o ~ ~~ o~ U .S ~ ~ OJ ..,.., ~ OJ .~ > 0 ;.... 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"" EXHIBIT uB- PROPERTY DESCRIPTION TRACT I Being a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Survey, Abstract No. 206, City of Colleyville, Tarrant County, Texas, said tract of land being all the tracts as deeded per Warranty Deed to Village Monticello Partners, Ltd. as recorded in Volume 13733, Page 369, Volume 13733, Page 361, and Volume 13733, Page 380 and also a portion of atract deeded to Bransford Park and Land Trust as recorded in Volume 10461, Page 1250 and Lot 1, Block 1; 1st City National Bank. of Colleyville Addition per plat recorded in Volume 388-182, Page 81, and all of Lot 4-R, Block 1, Crossing at Cofleyville as recorded in Cabinet A, Slide 1397, all as recorded in the Deed Records of Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at set 5/8 inch capped iron rod (BHB INC) on the Northwesterly R.O.W. line of Colleyville Boulevard (Grapevine Highway S. H. 26) also being the most Southerly comer of said Lot 1 , Block. 1, 1 st City National Bank of Colleyville Addrtion also being the most Easterly Northeast comer of a 10 foot R.O.W. dedication as shown on Kroger Addrtion per plat recorded in Cabinet A, Slide 1029 of said Deed Records; THENCE North 60 degrees 43 minutes 22 seconds West, along the common line of said Lot 1, Block. 1, 1 st City National Bank. of Colleyville Addition and said Kroger Addition, a distance of 416.70 feet to a set 5/8 inch capped Iron rod for the Southwest comer of said Lot 1, Block. 1, 1 st City National Bank. of Colleyville Addition; THENCE North 00 degrees 14 minutes 47 seconds West, continuing along said common line, passing a found 1/2 inch capped iron rod (Landes) at 0.70 feet, continuing for a total distance of 199.73 feet to a found 1/2 inch Capped iron rod (Everage) being the most easterly southeast comer of Lot 4-R, Block 1, Crossing at Colleyville, Phase II per plat recorded in Cabinet A, Slide 1397 of said Deed Records; THENCE North 89 degrees 29 minutes 27 seconds West, along the south line of said Lot 4-R and the north line of Lot 1, Block. 1, of said Kroger Addition, a distance of 375.00 feet to a found 1/2 inch capped iron rod (Everage); THENCE South 67 degrees 27 minutes 52 seconds West, continuing along the common line of said Lots 4-R and said Lot 1, Block 1, Kroger Addition, a distance of 145.44 feet to a set 5/8 inch capped iron rod (BHB INC) being the Southwest comer of said Lot4-R, Block. 1, also being on the east line of Block 5, Crossing at Colleyville as recorded in Cabinet A, Slide 1397 of said Deed Records; . THENCE North 00 degrees 07 minutes 03 seconds West, along the ~mmon line of said Lot 4- R, Block 1 and said East line of Block 5, a distance of 310.36 feet to a point being the northwest comer of said Lot 4-R, Block 1, on the south R.O.W. line of Forest Oak Lane (a 50' R.O.W.), from said point a found 1/2 inch iron rod bears North 03 degrees 47 minutes 52 seconds East, a distance of 0.74 feet; ~"",.~.."""-,........"""-"..,,,,-~,,,,,-.;,,,,,~~--,----.............,,.-<,--- " .. ...~..._._,-"..........._~.-.~._~~~~~-,..,",~~~-----~~""~-~- THENCE South 89 degrees 47 minutes 27 seconds East, along the north line of said Lot 4-R, Block 1 and said south R.O.W. line, a distance of 93.80 feet to a found 1/2 inch iron rod; THENCE South 89 degrees 29 minutes 27 seconds East, continuing along said north line of Lot 4-R, Block 1 and said south R.O.W. line, a distance of 415.08 feet to a found 1/2 inch iron rod being the northeast comer of said Lot 4-R, Block 1; THENCE North 00 degrees 14 minutes 47 seconds West, along the west line of said Lot 1, Block 1, 1st City National Bank of Colleyville Addition, a distance of SO.OO feet to a found 1/2 inch iron rod being the northwest comer of said Lot 1, Block 1, 1 st City National Bank of Colleyville Addition, from said found 1/2 inch iron rod a found 112 inch iron rod bears South 07 degrees 35 minutes 19 seconds East, a distance of 1.61 feet; THENCE North 89 degrees 29 minutes 27 seconds West, leaving said common line and along the North R.O.W. line of Forest Oak Lane (a fifty foot R.O.W.), a distance of 414.67 feet to a found 1 inch iron rod being the Southwest comer of said Petty tract and also being the Southeast comer of a tract deeded to Bransford Park Land Trust as recorded in Volume 10217, Page 2222 of said Deed Records; THENCE North 00 degrees 29 minutes 26 seconds East, along the West line of said Petty tract and the East line of said Bransford Park Land Trust as recorded in Volume 10217, Page 2222, a distance of 362.76 feet to a found 1/2 inch capped iron rod (Landes) being the Northeast comer of said Bransford Park Land Trust tract and also being the Southeast comer of Lot 2, Block 1, City Park Addition, per plat recorded in Volume 388-210, Page 94 of said Deed Records; THENCE North 00 degrees 07 minutes 45 seconds East, along the East line of said Lot 2, Block 1, City Park Addition, a distance of 354.80 feet to a found 1/2 inch capped iron rod (Landes) being the Northeast comer of said Lot 2, Block 1 also being the Southeast comer of Lot 1, Block 1, said City Park. Addition; THENCE North 00 degrees 05 minutes 40 seconds East, along the East line of said Lot 1, Black 1, City Park. Addition, a distance of 52.54 feet to a point, from said point a found 1/2 inch iron rod bears North 89 degrees 56 minutes 56 seconds East, a distance of 0.24 feet; THENCE North 89 degrees 56 minutes 56 seconds East, leaving said East line of Lot 1, Block 1, City Park Addition and along the North line of said Verlie L. Brown tract also being the South line of a tract deeded to ABC, a Texas General Partnership as recorded in Volume 11772, Page 2178 of said Deed Records, a distance of 919.61 feet to a found 1/2 inch iron rod on the established West R.O.W. line of Pleasant Run Road: THENCE along said established West R.O.W. line of Pleasant Run Road the following; THENCE South 00 degrees 06 minutes 54 seconds East, a distance of 109.15 feet to a found 1 inch iron pipe; THENCE South 00 degrees 19 minutes 55 seconds West, a distance of 230.10 feet to a found 1 inch iron pipe; THENCE South 00 degrees 22 minutes 25 seconds West, a distance of 153.57 feet to a found 1/2 inch iron rod; i THENCE South 00 degrees 24 minutes 11 seconds West, a distance of 284.22 feet to a found 1 inch iron rod being the Northeast comer of a tract deeded to Anthony Timothy McNosky and Vivian D. McNosky as recorded in Volume 6786, Page 503 of said Deed Records; THENCE South 89 degrees 57 minutes 17 seconds West, leaving said established West R.O.W. line of Pleasant Run Road and along the North line of said McNosky tract, a distance of 215.21 feet to a found 1 inch iron rod; THENCE North 89 degrees 29 minutes 10 seconds West, continuing along said North line, a distance of 100.40 feet to a found 1 inch iron rod being the Northwest comer of said McNosky tract, also being the most Northerly Northeast comer of said Lot 1, Block 1, 1 st City National Bank of Colleyville Addition'; THENCE South 02 degrees 28 minutes 17 seconds East, along the common line of said McNosky tract and 1 st City National Bank of Colleyville Addition, a distance of 156.59 feet to a found 112 inch iron rod; THENCE North 88 degrees 33 minutes 10 seconds East, continuing along said common line, a distance of 290.13 feet to a found 1/2 inch capped iron rod (Landes) on the West R.O.W. line of Pleasant Run Road per plat of 1st City National Bank of Colleyville Addition, from said found 1/2 inch capped iron rod (Landes) a found 1/2 inch iron rod bears North 88 degrees 33 minutes 10 seconds East, a distance of 15.00 feet; THENCE South 01 degrees 26 minutes 38 seconds West, along said West R.O.W. line of Pleasant Run Road, a distance of 358.10 feet to a set 5/8 inch capped iron rod (BHB INC) at the intersection of said West R.O.W. line of Pleasant Run Road with said Northwesterly R.O.W. line of Colleyville Boulevard (Grapevine Highway S. H. 26); THENCE South 29 degrees 16 minutes 38 seconds West, along said Northwesterly R.O.W. line, a distance of 227.70 feet to the POINT OF BEGINNING and containing 1,090,871 square feet or 25.04 acres of land. PROPERTY DESCRIPTION TRACT II Being a tract of land situated in the J. M. Looney Survey, Abstract No. 936, City of Colleyville, Tarrant County, Texas, said tract being the remainder tract of a tract deeded to Foster Alton and Jean Andrews as recorded in Volume 6985, Page 1790 of the Deed Records of Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod on the Northwesterly R.O.W. line of Colleyville Boulevard (Grapevine Highway South. H. 26), being the Southeast comer of Lot 1, Block 1, Foster Addition per plat recorded in Volume 388-142, Page 35 of said Deed Records; THENCE South 29 degrees 25 minutes 11 seconds West, along said Northwesterly RO.W. line of Colleyville Boulevard, passing a found 1/2 inch iron rod at 174.32 feet and continuing for a total distance of 317.35 feet to a point lying within a creek bed, said point being the most Easterly Southeast comer of Lot 1, Block 1, Applebee's Addition as recorded in Cabinet A. Slide 3939 of said Deed Records; THENCE North 08 degrees 34 minutes 03 seconds West, leaving said Northwesteriy RO.W. line of Colleyville Boulevard, along the East line of said Lot 1, Block. 1, Applebee's Addition, a distance of 108.95 feet to a point lying within a creek bed; THENCE North 04 degrees 26 minutes 51 seconds East, continuing along the East line of said Lot 1, Block 1, a distance of 63.04 feet to a point lying within a creek bed, said point being the Northeast comer of said Lot 1, Block 1, Applebee's Addition; THENCE South 84 degrees 46 minutes 00 seconds West, along the North line said Lot 1, Block 1, Applebee's Addition, a distance of 122.54 feet to a found 1/2 inch iron rod; THENCE South 83 degrees 55 minutes 20 seconds West, continuing along said North line of Lot 1, Block 1, Applebee's Addition, a distance of 89.97 feet to a found 1/2 inch iron rod in concrete on the established East R.O.W. line of Pleasant Run Road; THENCE North 00 degrees 44 minutes 09 seconds East, along said established East RO.W. line of Pleasant Run Road, a distance of 508.29 feet to a found 5/8 inch iron rod being or intended to be the Southwest comer of a tract deeded to Richard P. Failor as recorded in Volume 9085, Page 2173 of said Deed Records; THENCE South 87 degrees 45 minutes 59 seconds East, along the South line of said Failor tract and a tract deeded to Andrew and Jane O'pry as recorded in Volume 12888, Page 136 of said Deed Records, a distance of 338.45 feet to a found 1/2 inch iron rod, from said found 1/2 inch iron rod B found 1/2 inch capped iron rod MMoak- bears North 89 degrees 41 minutes 04 seconds East, a distance of 13.23 feet; THENCE South 13 degrees 06 minutes 16 seconds West, along the West line of a tract deeded to Charies Davidson as recorded in Volume 7590, Page 1964 of said Deed Records and along the West line of said Lot 1, Block 1, Foster Addition, a distance of 373.81 feet to a set 5/8 inch capped iron rod (BHB INC); THENCE South 87 degrees 51 minutes 45 seconds East, along the South line of said Lot 1, Block 1, a distance of 118.83 feet to the POINT OF BEGINNING and containing 161,131 square feet or 3.70 acres of land. ~~"~-~,.". ~-~-~--~-_...............-~~---- --- ~ ~_,~_~"_..~~_~..,,"_.......,,,,~.~,,-,-........,~-,~."__,_"~~>- ,'m" "_".,~~_..........",,...._..,..__"~__~.n...,<>._~<._,~.___'~"''''''_~-~'_' REVISED EXHIBIT "c" - CONCEPT PLAN i ~ ! Ii; ;-,________:tP----------------------, !' j i i i !-----..-----------..--------------------..---------------__u______n_n_____._________. ~ z ~ ~ :: /. 0 ~! H 0 ,,~ ~o ,i 0 " ~j5 jl ~ - :=m ~:: ~ -:=-~~. 1;;11: I ~1.Df5"1.,Jll.)I.n,..7t1l;l~ /_1 I jlloo(.u:n~_S"l""-"Wl _ntfGO tJnZTm U7r .,.. -cI UI'I' .., -" \ I _nl/W U!I' --.cll u:n ..., 'Ill R)IIW '- _ _/"II/'fIO ~'lIO___ 't/ff1/fIC ~ ., " r-;l Cl r:=J Baird, Hamptoll t a.-n. Inc. E - ~e..~..:~~~~~ RE.U.TY CJ..PITJ..l. CORPORAnOH OY!!ftAU. aITI! ~Il (ell'!' HAlL EXHIBIT) The Village,t CollcyYillc ro T&A.S "" ~ _ It. m. -. ~ 11 ~, l1l.. 1"7) ____ J. I.'~ ..-- ""-I - I ""n: .. 5/' 0;00 CM ...-.a JU: [.~~-. ~~ ~. i . z -G " "'- / f Exhibit liD" PUBLIC IMPROVEMENTS On-Site Improvements Surveying Construction Staking Bridge Construction over Pleasant Run Creek In-Line Detention/ Channelization of Pleasant Run Creek Excavation, Clearing, Grading, Erosion Control Sanitary Sewer System Water System Storm Drainage System Storm Water Detention Features Public Streets, Alleys, and Sidewalks StreetfTraffic Control Signage Public Parking Lots Public Parking Structure Professional Services Street Lights Street Landscaping Engineering Plans Major Fountain Construction Overflow Parking Lot Perimeter Screening Walls Wrought Iron Fence at Colleyville City Park Off-Site Improvements Surveying Construction Staking Gate at Central Drive Median Improvements to Colleyville Boulevard Pleasant Run Street Improvements Pleasant Run Sidewalks Engineering Plans for Thompson Terrace Re-alignment Construction of Thompson Terrace Re-Alignment Thompson Terrace Sidewalks Glade Road Sidewalks Public Parks Landscaping - 2005 Tax Valuation for the Village 2005 TAX YEAR VALUATION OF THE VILLAGE IN COLLEYVILLE COMMERCIAL BUILDINGS 5500 COLLEYVILLE BLVD 55 MAIN STREET 57 MAIN STREET 62 MAIN STREET 97 MAIN STREET 16 VILLAGE LANE 32 VILLAGE LANE 60 VILLAGE LANE 85 VILLAGE LANE TOTAL COMMERCIAL CONDOMINIMUMS 34 PIAZZA LANE 34 PIAZZA LANE 57 PIAZZA LANE TOTAL CONDOMINIUM VACANT LAND TOTAL TAXABLE VALUE $1,185,000 COMMERCIAL $2,983,834 COMMERCIAL $449,504 COMMERCIAL $1,434,550 COMMERCIAL $1,267,500 COMMERCIAL $1,143,331 COMMERCIAL $690,677 COMMERCIAL $398,442 COMMERCIAL $1,896,355 COMMERCIAL $11,449,193 $835,600 CONDOMINIUM $470,000 CONDOMINIUM $1,020,800 CONDOMINIUM $2,326,400 $6,775,777 $20,551,370 Plat for the Village at Colleyville Village Parking Lot and Lots Built