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Home My WebLink AboutTax Increment Finance (TIF)-Agenda Packets-2/6/2006 (4) 2-7-06 City Council Briefing Material CITY COUNCIL cce(/) AGENDA BRIEFING I('X:\S MEETING DATE: I 02107/06 CITY MANAGER j ITEM #: I 13 DEPARTMENT HEAD I ORDINANCE #: I 0-06-1560 FINANCE REVIEW Previous Action: Tabled 1-17-06 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 Update 02/07/06 This item was tabled by the City Council at the January 17, 2006 meeting to allow the developer to respond to a request by the City Council for additional information and to allow the City Council to discuss the rezoning proposal with the developer at a City Council workshop on January 24, 2006. A document provided by the developer entitled Questions and Answers Regarding 2006 Zoning Amendment, which addresses several of the questions raised at the workshop, is attached to this agenda briefing. Additional questions raised by the City Council are discussed later in this agenda briefing. The following is a brief summary of the information provided by the developer. · Project Timeline and Estimated Occupancy - The developer has provided a timeline for the key milestones associated with the build-out phase of the Village at Colleyville. According to the proposed timeline, construction of the additional phase of the development will commence in approximately six months after approval of the pending rezoning request. Final build-out of the development is projected for 2008. A copy of the timeline is attached to this agenda briefing. The developer has also provided a worksheet showing the projected residential and non-residential build-out scenario of the development. A copy of the projected build-out expansion is attached to this agenda briefing. · Expansion Ownership Structure - The developer has provided a description of the proposed ownership structure of the development, as requested by the City Council. The project will be owned by Urban Partners (Henry S. Miller III), Realty Capital Corporation (Richard Meyers), and Helmut Landwehr. A copy of the proposed ownership structure is attached to this agenda briefing. · Examples of Similar Projects - Staff has obtained a copy of a document entitled New Urban Projects on a Neighborhood Scale in the United States, which lists a great number of mixed-use projects similar to that of the Village at Colleyville. Some of the most notable mixed-use developments located in the vicinity of the DFW-Metroplex are: Addison Circle, in Addison; Craig Ranch, in McKinney; Legacy Town Center, in Piano; and West Village, in Dallas. A copy of the portion of the document listing only those projects located in Texas is attached to this .agenda briefing. Agenda Briefing Ordinance 0-06-1560 Page 2 of9 · Updated Village TIF Schedule - As requested by the City Council, staff has attached an updated Village TIF Schedule which has been prepared by the Financial Advisor to the City of Colleyville and reviewed by the Finance Director. Subsequent to the action by the City Council on January 17, 2006 to table this agenda item, staff met with the developer on several occasions to gather information requested by the City Council and to discuss issues contained within the existing zoning ordinance and the amendments currently being considered. As a result of those discussions, and to address the questions raised during the previous two public hearings, there have been many text changes incorporated into the proposed ordinance. The additional changes from the tabled ordinance are indicated on the attached proposed draft and shown as strikethrough for deleted text and boldlitalics/underlined for new text. The following is a brief summary of the proposed changes. Number of Residential Units - The proposed ordinance will allow a maximum of 70 residential units in both of the areas designated as Area "A" and "B". The 70 units may contain up to a total of 105,000 square feet in each of the two designated areas. The minimum size of the residential units will be set at 1,200 square feet. Additionally, 12 of the 70 units may be constructed with a minimum of 850 square feet. First Floor Use - The proposed ordinance requires retail and restaurant use on the ground floor of buildings in Areas "A" and "B". Each of the two areas will be allowed to have a building management office not exceeding 2,000 square feet and a common lobby area not exceeding 5,000 square feet. Parking Requirements - Parking within Areas "A" and "B" is proposed to be a minimum of 1.75 on-site parking spaces per residential unit. An additional 0.25 off-site parking spaces are required per residential unit, provided the additional spaces are located within 400 feet of the building or buildings. This will provide the same parking ratio of two spaces per residential unit that exists elsewhere in the Village at Colleyville. Colleyville Condominium - The ordinance requires the developer to provide a copy of the Condominium Declaration to the City prior to the issuance of a certificate of occupancy for the first residential units in Areas "A" and "B". Minimum Residential Square Footage - The proposed ordinance deletes the ancillary unit provision and the requirement for limiting one residential unit per building site. The existing ancillary units are specifically protected and may continue in existence. A new provision has been inserted to require all units within the Village at Colleyville to contain a minimum of 1,500 square feet, with the exception of Areas "A" and "B", which requires a minimum of 1 ,200 square feet. Maximum Single Retail Use - The ordinance has been modified to allow a single retail use up to 40,000 square feet. The original ordinance placed a 30,000 square foot limit on a single retail user. Agenda Briefing Ordinance 0-06-1560 Page 3 of 9 Limits on Cupola Use - The current ordinance allows many of the buildings in the Village at Colleyville to be 3-1/2 story structures, provided that the upper fourth floor is limited to 400 square feet. To avoid the question that this could become a separate residential unit, the proposed ordinance will require the 400 square foot cupola to be a part of a primary residential unit or be non-inhabitable. Non-Residential Construction Requirement - The proposed ordinance requires the developer to construct a minimum of 45,000 square feet of non-residential buildings prior to the issuance of a certificate of occupancy for a residential dwelling in Areas "A" and "B". Only a certificate of occupancy for a retail use will be issued for the additional 45,000 square feet of non-residential buildings constructed within the Village at Colleyville, but outside of Areas "A" and "B". Maximum Total Residential Square Footage - The proposed ordinance replaces the 45 percent cumulative total square footage that could be allotted for residences with a maximum of 420,000 square feet of residential space within the Village at Colleyville. Parallel Parking - On-street parking in the Village at Colleyville is currently striped as parallel parking. The developer has expressed interest in modifying the on-street parking configuration at some future date. The proposed ordinance requires the developer to obtain approval from the City Council of any modifications to the current parallel parking on the streets in the Village at Colleyville. Parking Lot Requirements - The proposed ordinance requires the developer to build a new 150 space parking lot prior to obtaining a certificate of occupancy on any residence in Areas "A" and "B". The new parking lot may be located adjacent to the Village at Colleyville on one of two sites identified in the ordinance. The site located on Pleasant Run Road is owned by the developer and will only require rezoning. The site to the south of the Village at Colleyville is an existing parking lot that the developer has indicated plans to eventually construct a second level on this facility. This parking lot is currently owned by the City of Colleyville and the construction of a second level by the developer will require the property be rezoned and will require future approval by the City Council with a City-Developer Agreement for the parking structure improvements. Platting - In response to questions raised by the City Council regarding the replatting of Areas "A" and "8", upon approval of the rezoning request, the developer will be required to prepare and submit a replat of Areas "A" and "B" at a later date to allow for the construction of the proposed structures. The replat will require approval of the City and must be in conformance with all of the new provisions of the PUD-C amendment which is under consideration. The following two paragraphs describe the specifics of replatting Areas "A" and "B". Area "A" currently contains five platted lots and two alleyways. The existing lots and alleyways will be replatted into a single block to allow the developer to construct the improvements being proposed in this rezoning request, since the proposed structures would encroach across lot lines and alleyways under the current platting configuration. The lot boundaries and alleyways shown on the original approved plat will be replaced with a single lot configuration upon approval of the replat. It will not be necessary to go through any official abandonment Agenda Briefing Ordinance 0-06-1560 Page 4 of 9 procedure, since Chapter 212.014 of the Texas Local Government Code, states that a replat is controlling over the preceding plat without vacation of the original plat. Area "B" contains five building lots, three common areas, one alleyway and one parking lot. The parking lot is currently owned by the City of Colleyville. The alleyway, common areas and the five building lots can be replatted into a single lot using the provisions of the Local Government Code, as described above. However, it will be necessary for the City of Colleyville to receive compensation for the parking lot in the form of either a cash payment or an exchange of land of equal or greater value. 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. 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 Agenda Briefing Ordinance 0-06-1560 Page 5 of 9 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 PUD-C zoning changes relative to the Village at Colleyville TIF Agreement. Based on such review, the City Attorney determined 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 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 than 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. 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 Agenda Briefing Ordinance 0-06-1560 Page 6 of9 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 ultimately 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 "A" 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 "A" and "B", which are part of the original development. Sub-Area "cn 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 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 Agenda Briefing Ordinance 0-06-1560 Page 7 of 9 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. 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 _..,__n____~......_..__.."...~_...,._..__~"...~.,__--..---..-.--.~'- Agenda Briefing Ordinance 0-06-1560 Page 8 of 9 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 Col/eyville 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 CC 1 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. 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 Agenda Briefing Ordinance 0-06-1560 Page 9 of9 request have been received. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the property as a ~ommercial 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 Land 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 Dated January 19, 2006 · Additional Drawings Provided by Developer · Maps and Tables of Three Residential Scenarios · Letter from the McNosky's Dated January 10, 2006 · Questions and Answers Regarding 2006 Zoning Amendment · Project Timeline and Estimated Occupancy · Expansion Ownership Structure · Expansion Project Build-Out and Use Chart · Examples of Similar Projects · Updated Village TIF Schedule · Plat of Area "A" · Plat of Area liB" · Proposed Ordinance Showing Changes · Ordinance 0-06-1560 Zo . mng and Location Map Cl'T~f'ARJ( 349 f 1 I ~...J-~? cO ,._206 , - ~p.~\ \~! r."l!li~ ,'< c't\U?-C ~ ~ of <'0'('1 \ \..\..€. ,.! co\..\..l;. l C11~ pARJ( ~ z ..... .... 1M: . 0> ~ _ 2\b~~. CO .. c. a 13.13. ....IIf.'t . SUO';..o1; jlI-<:.... . . . : . . . . 1 . . . . . .. . . - : . _._1 I.. .7 lie . ... : .. . 1 Location Ma Village at cOlle~lIe EXHIBIT "A"- SITE PLAN ----., EXHIBIT-i' A'.'.c, . ...... . ~.~ ~~ ~~ <!> , : i ~''"'~~:.~ ~,i ~.".,'I < Jr- , ~i/ ..J~ f.i JI ~_. -"s-- ~~r D NORTH -.-#... -~......... ~ l , ~ 'i '~~'n4"'mf, -__Ill.... r... h j; r ~ ! (';:.~- THE VILLAGE AT COLLEYVILV , i:;jl,~j;~ ~U.."Gt ...AA:AGDU'tfT, UP. Sl$tlARifSt1U':t'T Wm:~ (;n.u..t'(\lUL. tniuo' ?W34 (kt.b,u. 2001 ~~~~i~~~tl~ .._...-......._~eoo;_,_~_'"____ i.~.".......t-:"'l Exhibit "B" I ;---- I . , _______."_ . I I' I ------.---,------.---------------', r ---- '. ' -1 ""-...,g...... c- .! I " ,I . I , . i ' ., I. Site P1 ~ =...../ t , -"'!ltF- I / \ ,:~~ / Jiia-=t:.. J...!' 49 El' =;m:1II c.' Site P2 c... ,~=T.. Parking Sites -,,:-." '.. -. '.'.- ...........:..... '~. .t'.Jti- .' / 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, TX 76034 Colleyville Plaza 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 Figueroa, Robert & 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 Lie. 16 Seaview Dr. Kingston, MA 02364 o & V Walker Family Lp #2 Etal 5501 Normandy Dr. Colleyville, TX 76034 Foy 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. 107th 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 Young, Catherine Sue 811 Central Drive Colleyville I TX 76034 Turner, Christine 713 Central Drive Colleyville, TX 76034 Village Fine Homes Ltd. 2557 SW Grapevine Pkwy. Suite 200 Grapevine, TX 76051 Village Management Ltd. 32 Village Lane Suite 200 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 TCBE Investments, Le. 5004 Thompson T erraee Colleyville, TX 76034 Sawyer, Nelle C Tr. 1594 Kalaniuka Circle Honolulu, HI 96821 Venable, Ruth M PO Box 362 Colleyville, TX 76034 Village Builders Ltd. 32 Village Lane, Suite 200 Colleyville, TX 76034 Village Jv Lie. 4400 Eaton Cr. Colleyville, TX 76034 Village Management Ltd. 99 Main St. Suite 200 Colleyville, TX 76034 city of ~~ 1"exa& FIRE DEPARTMENT MEMORANDUM TO: M. Johnston, Fire Chief FROM: J. J. Jones, Fire Marshal DATE: 1/19/2006 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 buildings shall be equipped with fire detection and suppression systems as required by the Colleyville 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 intended 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 completely 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. · Commercial systems would be maintained by an HOA or building owner, not an individual occupant. 7' · System would be accessible from the exterior of the building, allowing for annual inspections of system and backflow 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 EXHIBIT "B" - BUILDING HEIGHTS fr 400 SF. PENTHOUSE b '* . UNIT 3 UNIT 2 ,~ , . UNIT 1 i:a , PARAPET WALL ROOF DECK . 3RD LEVEl RNfSH FlOOl 2ND LEVEl FINISH FLOOR GROUND LEVEL 01 TYPICAL SEOlON FOR STANDARD BUILDINGtiEIGHTS 8 THE VIllAGE. COLlEYVILLE SCALf: 1.....1'..()'I . , . 8 i ~! ~ ~) ~~ ~~ il,l','I: j,i;N,! ~~~u t ."' "g i~ ii ( ~i l i!~ ~~= If ___ ~~~J~J ..__... -L+, A:lN fOI:X ---l LPftOJECt ~ i I ORNAMENTAL IRON FENCE! RETAINING W AU, EXHIBIT 1HB WAGe AT CUil!YYJuE aJll.EYII1UJ!. 11i:W" o ~"- I o '" ~ :>H: "'''' j;!2 ~jJ z "'ij ",0 ..z FM z n '" " :.i n =' o z .. I/l n ,. r !:' II rJ) I~ : L -'L -.'J-1 ~ ~~ 0> ~ 1<0. REVlSIO<<S ""'E _. """'" ~. 1- OAt< f DAH I K8 101(09(06 - ~~'--..--.---_.< '=' ~ ~ Baird, Hampton It Brown, Inc. ~~L.::)Engjneeri"'9 de Surveying .........f\.._I\-...,."",.~....~~(~ 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 me 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 Allowed Under Currently Approved Village PUD-C Ordinance ,-- ~. -a.....- -m...-". ! -=1iIii-.... ,I , , / .... : Lii €J> --a;;:;='- -"if'... . ~ i ........ ........- <0 ~ , I -,1,,/'// I! " 1// : I I ""Wr...... / / / I ~ : i /1 / : ~ ! " / r ~" / / ,/ I ;: jl/~ I! i I / --- --~. I,' VII / fil~:~iJ I ,'::' -- --.. I 'I .I -- : I /' r'~~.~ii ilR- II;' :::.::::.. =-..'V" _u== j,,/ THE VILLAGE AT COLLEn Il' / ,~ tll/ ~.... 11'~ .I. ........... ~... /1 ~'::'Ha4 "A/ ! i -.- l/ / I @8~~~.'='~ m=- ~~ ~o:,;, _. I t1J:1 ~ ~ ~:1f.i . "".... ......", - " 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 Residential Development That Would Be Allowed Under Proposed Revision to the Village PUD-C Ordinance ! =-:!r."...~ ~..,.; "'" f oj !J ; -:1' ; I ~: ,; ,; . , I I :" ) " "I?~l, , . ,s:'" " .~~f / l4'1..: .f ." , ! .~ ta;~ /"'~ ...l:\l,if.- TItE Vll.l.AGEAT COLLEYVtll. ,,:~..,. muGI ~tJfttli'f. In. IS 1W:ll .Tattf """... cJlUJl'\"mU'.. UN T4a4 !i!i3:~' ~~ ~WWI', 2lMllo ~~~~~~~. ............_............__m.. .... P.. ...... ..~~. ._.._.~...w......m_..__.._m.._.~_._. -.-.........----.---....... Maximum Residential Unit Analysis With Higher Density in Areas "A" & "B" Area Full Size Ancillary Total Units Units Units "A" 70 0 70 "8" 70 0 70 Non-desiQnated 80 80 160 Total 220 80 300 Note: Ancillary units limited to 600 square feet Residential Development That Would Be Allowed Under Proposed Revision to the Village PUD-C Ordinance EXHIBIT..A"- -,. ..:::-~;..~.. -~-~. ~-=;,. ! f :~ ~/ .-./~ ..$,l.~ "111:: NIU.AGE AT. GOl.l.EYVlI-l.' .-~".' , ~1U.M.;I; ".o.x~"lllOo'" _ ltD. "WAIJ<~ """... 0<IU1f'I'VlU.e. 'R.'" t_. ~~ ~~~r~~~:s Maximum Residential Unit Analysis With Higher Density in Areas "A", "8" & "e" Area Full Size Ancillary Total Units Units Units "An 70 0 70 "8" 70 0 70 "e" 70 0 70 Non-desiQnated 45 45 90 Total 255 45 300 Note: Ancillary units limited to 600 square feet Letter from McNosky's 1110106 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 ~ progress. Time is running short, how.ever, and we feel that we Jiive reached an: impasse that will-take time to reSolve. '-If we mUSt remain on the property. for an tpldetennined 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 I JAM 1 1 ZOO6 Per iii:-..:t The Village at Colleyville Questions and Answers Regarding 2006 Zoning Amendment 1. What is the projected build-out area of The Village with the new plan? We estimate that building areas will be approximately as follows: Retail Office Residential Civic Hotel Total New Plan 232,650 62,100 424,700 54,000 50,000 823,450 % of Project 28% 8% 52% 7% 6% Original TIP Projections 240,000 180,000 340,000 0 78,000 838,000 % of Project 29% 21% 41% 0% 9% Existing Buildings 47,600 56,500 57,650 54,000 0 215,000 % of Project 22% 26% 27% 25% 0% As shown above, the most significant change in building usage from the original TIF forecast to the new plan has been to convert more of the potential office space on the second and third floors to residences. Please note that residences in The Village should have a higher taxable value per square foot than office space. Another significant change was to provide land for the Library and City Hall uses. 2. Is there enough parking spaces planned in The Village to accommodate the expansion? Yes, we believe so. Two expert groups have analyzed the parking situation, and both have concluded that there will be ample parking for the entire project Those groups are the Parsons Transportation Group and Henry S. Miller III of Urban Partners, Inc. If, however, a significant retailer or financial partner insists on additional parking in a certain part of The Village, we will add parking. Our retailers and our financial partners will require that the project be designed with adequate parking, or they will not sign leases and fund the project. 3. How much parking is planned in The Village once the expansion is complete? Here are the estimated parking counts: Street parking (angled and parallel): Small public parking lots: Underground private parking garages: City HalVLibrary public parking Above-ground public parking garages: Town home/other garage parking spaces: Total Parking Spaces: Total # of Spaces 324 112 365 62 971 95 1,929 Of this total, approximately 1,469 parking spaces are for use by the public for shopping, dining, etc. Please note that we intend to add a second level parking deck on the large parking lot south of the City Hall. We have also acquired additional land on Pleasant Run for another two-level parking garage. The schematic plans of both of these garages are attached. 4. What is the taxable value of buildings that are already constructed in The Village? The current taxable value of completed buildings in The Village is estimated to be approximately $21,000,000. This figure does not include the taxable value of inventory in stores, personal property in offices, or the sales taxes generated by the shops and restaurants. 5. What is the maximum area of residential buildings that could be built under the current zoning, if each building site was built to its limit? The Village could contain approximately 1,250,000 square feet of buildings. Under the current zoning, 45% or 562,500 square feet of that space could be used for residences. Also, the current zoning allows for 300 residences. 6. Until the McNosky property is also zoned, what should be the number of residences allowed in The Village? We suggest that the total number of residences should be limited to 260, of which a maximum of 20 of those could be ancillary residences. Also, we propose that the ancillary residences should contain at least 600 square feet, instead of the current restriction, which requires all of them to be less than that. When the McNosky property is re-zoned and included in The Village, we believe that the limit should be 300 residences. 7. What properties have been purchased to prepare for the expansion of The Village? We have already purchased more than $1.1 million in additional land adjacent to The Village to prepare for this major expansion. Approximately two acres on Pleasant Run Road was purchased in order to construct a two-level parking garage with approximately 310 parking spaces. Approximately one acre was purchased on Highway 26 (adjacent to the Davidson/Century 21 building) in order to construct a restaurant or retail shops that will connect to The Village. 8. What should the landscaping buffer look like between The Village/City Hall and the City Park? We propose that the City design this landscaped area as they see fit. We also propose that we would pay for all the construction costs of this landscaping at the time that we start construction on building sites A and B, as defined in the zoning amendment. We would also like to donate 100 trees to the City Park at the time we start construction on building sites A and B. 9. What is the current status ofthe McNosky property? We now have the McNosky property under contract. We signed the contract with them just a few days ago. When their property is combined with the Davidson land that we recently purchased, The Village should gain approximately 30,000 square feet of additional commercial space, 70 residences and 240 parking spaces. 10. How much will The Village generate in City revenues once it is complete? If The Village is reasonably successful, it should have a property tax value of approximately $190,000,000, which would generate $646,000 annually for the Cityat the current tax rate of 0.34%. It should also generate approximately $100,000,000 in retail/restaurant sales per year, which would generate $2,000,000 in sales taxes to the City. 11. Are the McNosky and Davidson properties included in The Village TIF agreement? No, they are not. However, they are included in the City's TIP district. Therefore, The Village will receive no property tax reimbursement from public infrastructure improvements it builds on those two sites, but the City will gain revenues from the increased valuation on both sites. The Village at Colleyville Project Timeline and Estimated Occupancy Outlined below is a timeline for key milestones that the developer intends to achieve with the expansion of The Village at Colleyville. Please note that several of these items will continue during more than one time period, not just during the one in which they are mentioned. Date Item January - June 2006 1. Obtain approval of zoning amendment. 2. Commence detailed design of retaiVrestaurant space. 3. Commence design of all buildings. 4. Create project financing package. 5. Send project financing package to lenders and investors. 6. Obtain re-platting approvals. 7. Send building plans to possible retailers for pre-leasing. 8. Commence marketing of residences and offices. July - December 2006 1. Obtain financing approval of project. 2. Finish building plans. 3. Sign leases with retailers and restaurants. 4. Sign sale contracts for residences. 5. Submit construction plans to City for building permits. 6. Close construction fmancing. 7. Commence building construction. January - June 2007 1. Continue to lease commercial building space. 2. Continue to sell residences. 3. Monitor construction of buildings. July - December 2007 1. Continue to lease commercial building space. 2. Continue to sell residences. 3. Monitor construction of buildings. January - June 2008 1. Finish construction of buildings. 2. Finish construction of building interiors that are leased/sold. 3. Move in first retailers, office tenants and residences. (Estimated retail occupancy at construction completion: 60%) July - December 2008 1. Continue to lease retail and other commercial space. 2. Continue to sell residences. (Estimated retail occupancy in December 2008: 90%) The Village at Colleyville Expansion Ownership Structure In order to analyze the probable ownership of the new buildings proposed by the zoning amendment, it helps to understand the sources of capital for the proposed project. The approximately $100 million in funding for the project will likely come from the following sources: First Lien Construction Loan (from institutions such as large banks, etc.): $60,000,000 to $70,000,000 Equity Investment (from institutions such as pension funds, etc.): $30.000.000 to $40.000.000 Total Project Financing: $100,000,000 Please note that the equity investors and the developer will own most, if not all, of the project in the form of a limited partnership. The managing partner of the partnership will be the developer. The developer is planned to be a company that is owned by Urban Partners (Henry S. Miller III), Realty Capital Corporation (Richard Myers), and Helmut Landwehr. Upon completion of construction and substantial lease-up of the commercial space, the construction loan will be replaced by a permanent mortgage. The partnership intends to own and manage the commercial space as a long- term investment. The residential space is intended to be sold off on a unit-by-unit basis to individuals until all units are sold. -------~=:::=~:::==__The_yi~g~_~,l::"_I!mji!~___::::::-------.,- ,_____"_I::..!'p.'!~~~I'.!"j~~_I:!~~<!:~_!'!'!l_L1...~.~,~~ """ ,__,_",__~!!l,!!I)~__ ..............J..... i ~ .s. Lan. ,fiilC- casaGiie--'-------'----'l1ili2-- c:!,~!l,;I'!~m "jJ1,fl!1, l!il!Lc:~~!..l,;I,'!~"""..mmm_."'___j_UR[;!, L]~~~=~~:'--'--".=lf~ 'I.:''''~!l~!'l,;I!,. jl~ '.,."" Villa e Lane ,2BRll:3' 7 Main Street 12611-4 aLiiuii~:;>ii!~:~i[:::::::: , ,,OJ 14,lDJ , mm!,!!~lj iI-I:~==if~:: _::J~.!!I 'Jl@ , i!il:cm r ..'."".jmm'.--m1fi5irilL-==:-r:::==.:: . .. ~ : ............- ,j~'![i)! , ' . ---~~L-;r~:t~ ...............................-..... ..J 232.650 ; 28%! ,.~~t..ill ::~?Joo' __:__!?4.i~1::.::iO.oooi:}!,l!tllIL~?t~, 8';\; 52%. 6'/.; 1%; 100%' m l)f!i~~L ~~s.l~~li~~11 jj~t!ILq:;.i~;t~jai; Examples of Similar Projects New Urban Projects On a Neighborhood Scale , In the United States December 2003 \ f\t,c, () '><.~ "c, o~" ....~+ . ft. ' \ "" .~ .', /- - .~/ Compiled by the staff of New Urban News PO Box 6515 + Ithaca + NY +14851 Phone: 607-275-3087. Web: www.newurbannews.com + Fax: 607-272-2685 ' Newurllan projects' on a neighborhood scalef In the US / bRalct Acru Statui .11 TJ -"~1.1.I1"'1l. (COlIIJlltloa)l Dnel.......... urn. 11..1....... ZOIta1' (.... Qua...........,. 21. NIwporWort PlannIng ~~ DPZ T5, T4, 13 1,400 Mulllple ne/gtlboltIood II80It . AtWaI 22. PIoneer HIV Planning MIIbII1l Homes, Morse Bosse & Turner T5,14.13 280 1,150 units, including single homes ;i:~" . AustIn FImIIy 1i'ust llIwl~andM'Mlrk neIg commerelal, flex employment IlllU:8 23. Plum CI1ekI Construcllon (50%) IIenchmartlland Dev. Bosse & Turner 1'5. T4, 13 ' 2,000 4.800+ u~ town c:enlIr, KyII IndustrIIl, historic Ib, ICtIooII, nilghbortlood center, perfomlng-lIts cenIIr .----.--.....- --_..- . . 2~. TIll RIll"t La CIIfInl PlIJlnIna WodIlEnlmpr\ses. KelI-Munoz.ArchIt8cls 15,T4 324 1....wIIh=-town '. ,San Antonio Slin Thomai cenllIr on old quarry , 25. SouIh_ TO\'!IIl CentarI ConatnldIon CIty of SoidhIab. DavId IL Schwarz T5 135 MboId-use town cenI8r South1a1c8 pha8e4 8 and 7 Cooper & StebbIns An:hbcbiiil ServIces . 28. SpafEh 0eIaII' Conslructlon (10%) CCNG Dev. Co. Bosse & Turner T5,T4.13 160 MbcId-use village center. Bee Cave new city hall. amphllheater 27. ~ V\IagI/ PlannIng E'=n r=:: Urtlan 1'5.14 28 5OO~50 fr18co Goode Fulton Iliwnhomes, 1 sf & Fernl rwtaI, 300,000 sf oflIce , 28. =,18 SquareI Advanced p/aM1ng Cencor Really, ~ T5 22 794 _ 150,000 =:. Camden _ 60.000 sq.! 29. Turtle CrIek VIIage( Construction (5%) MIlIum Homes Bosse & Turner 14,13 170 895 units, schoo~ daycare, Round Rock 401Cft perlmeter greenbelt . ,,30. VIc:IorIa Cour1sl GtoIIldbrtakk1g San A/mnIo Hol!sInlI San AntonIo HousInci T4 44 1 G-bIodt redw.>fIf'==bOuiI San Antonio ~, VIctoria COUf1s Aulhorly. and otberi mixld use. niIX Ii' rig t{pesWJ. 31. VIctolyJOallas Planning Palladium Company ElcuslManfredl T5 20 H1g1Hlen8lly kdIllncIudes 600 nsJ. Architects deiIIIaI unItS, 500350000 III11a1l and ~ e=:T:i ,QQOsf~, a and a plaza. ' 32. VIIage at CoIIeyv111e( Construc:tlon Really CIpItaI Corp. BrInkley Sargent Arch. T5.T4 28 Town center, 800,000 sf of CoII8yvIIIe retail, restaLulljts. offIcO. and mldences 33. 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Plat Exhibit of Area "An (Existing Lot Configuration) .oz- (Proposed Lot Configuration) ~~:~ --- .61:- Plat Exhibit of Area "B" (Existing Lot Configuration) 1.__ I~ :!INTI V<INVH:!IA :-<) zt- .az-u .l:t~ l' ~ ~<> .11". .. .000tt i~ ~9 I: .. .. .,; -.. N8ll'5&'5e"'E :-<) 1....,..;_ .enz l' ~<> a"' l:.l i' i _5e"'E !! l .L:!I:!IaLS N1VJ'{- (Proposed Lot Configuration) I~ zt- ~ :!INTI V<INVH:!IA .Zt~ .ez .ez .~wo-- .L:!I:!IRLS NIVJ1:- .OL1*: ;c f <<0 10 4~."& in t') -'X' b U ~ 0 VI ~ ~E' .~rn .l:t~ z ::> ~, .OL__ ~ ir ;C. 8<<0' l!i~1 co t')' 8 u VI .t.__ z ::> ~ Proposed Ordinance Showing Changes 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 Ught 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 8 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 zoning 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 DEVELOPMENT STANDARDS 1. Notwithstanding anything to the contrary contained in' Ordinance 0-99- 1141 or 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 sinq/e-familv residential units with up to a maximum total 105.000 SQuare feet of sinq/e familv area and except as otherwise specificallv provided for herein with each residential unit havinq a minimum of 1.200 sQuare feet of climate controlled Iivinq area. The above notwithstandinq. not more than twelve (12) individual sinq/e familv residential units may be built with a minimum sQuare footaqe of 850 sQuare feet. These residential units shall be inclusive of the total 70 residential units and the 105.000 maximum total sQuare footaqe. 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, except for a sales office for the residential units containinq not more than 2.000 sQuare feet and a common lobbv area containinq not more than 5.000 sQuare feet. No additional office use shall be allowed on the qround floor. Ordinance 0-06-1560 Page 3 of 8 d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 . parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet' of the building or buildings. e. The provision contained in Section 1.E.1.a of Ordinance 0-02- 1337.4 regardinQ the limit of one residence per building site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a COpy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 2. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 "8" on the attached Exhibit "A: a. The building or buildings on all of these lots combined may contain up to a maximum of 70 single-family residential units with up to a maximum total 105,000 sQuare feet of single family area and except as otherwise specifically provided for herein with each residential unit having a minimum of 1,200 sQuare feet of climate. controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum sQuare footage of 850 sQuare feet. These residential units shall be inclusive of the total 70 residential units and the 105.000 maximum total sQuare footaQe. 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, except for a sales office for the residential units containing not more than 2,000 SQuare feet and a common lobbv area containing not more than 5,000 sQuare feet. No additional office use shall be allowed on the Ordinance 0-06-1560 Page 4 of 8 ground floor. d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet of ~ebuffdmgorbuffdmg~ e. The provision contained in Section 1.E.1.a of Ordinance 0-02- 1337.4 regarding the limit of one residence per buffding site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that has been fffed in the Tarrant County Deed Records. 3. Ordinance 0-02-1337.4 is amended to include the following addition additional provisions for any buffding or buffdings that contains a residential unit that is not included in Sub-Area uA" and US" as depicted in attachment uA "; a. Except as otherwise specifically provided for herein, all residential units shall have a minimum of 1,500 square feet of climate controlled area. Sec. 3. THAT tJ;;Je PUD C Distriet ereGlte€J ~y Or€JiAGlAee 0 99 1141 SA JaA\;fGlI)' 19, 1999, aA€J ameA€Je€J ~y Ordinance 0-02-1337.4 SA May 7, 2QQ2, 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, eKeept fer tJ;;Je City Hall aA€J Li~F.c1ry pFsperty, shall be deleted. b. The requirement for 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. The developer is required to construct, at the sole discretion of the Councff, a landscaping buffering from the PUD C District which abuts City Park. Said buffering shall consist, among other things as determined by the Councff: landscaping, trees, wrought iron Ordinance 0-06-1560 Page 5 of 8 fencing and/or berms. Trees shall be a minimum of four (4") caliper. spaced at 25' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering of the Land Development Code. This landscaping buffering shall be completed prior to the issuance of any certificate of occupancy for a building or buildings not located in Sub Area "A" or liB" as denoted in the attached Exhibit "A". d. All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required by the City of Colleyville Fire Marshal. Sec. 4. THAT Section G.9.a of t!;;te PUg C gistriet €I~8ate~ l3y Of~iRaRee 0 QQ 11 <11 SR Ja m:l a I)' 1Q, 1QQQ, aR~ ameR~e~ l3y Ordinance 0-02-1337.4 00 May 7, 2992, is hereby modified to provide: amEm~e~ ts iResrperate t!;;te feIl8'.\'iR~ a~~itisRal ~8\'8Ispm8Rt staReaf~s: 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 deleted, and replaced with: a. A landscaped buffer with natural openings shall be provided, along the entire length of the northern boundary from City Park to Pleasant Run Road, 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' ts 39' 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 is added. Sec. 5. 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 s!;;tall Rst l3e applieal3le t8 Sl;Jl3 areas &1.'\" aRe, "Qn as i~8Rtifi8e 8R t!;;te attaG!;;tQ~ 1i)(!;;til3it &I!,," is hereby deleted. Those same residential units built on or before February 8. 2006 and currently holding a Certificate of Occupancy for an ancillary residential unit at 32 Piazza Lane. 36 Piazza Lane. 51 Piazza Lane. and 55 Main Street. Suites 320 and 360 are hereby declared to be legally non conforming. Sec. 6. THAT the provision contained in Section 1.E.3.c of Ordinance 0-02- 1337.4 is hereby amended to read as follows: c. Retail uses containing more than 40.000 sQuare feet of floor area for a single user. Sec. 7. 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 Ordinance 0-06-1560 Page 6 of 8 the third floor shall not be appliea~lo te allowed in Sub-Areas "A" and "B" as identified on the attached Exhibit "A". In all other areas of the PUD-C District, a Certificate of OcculJancy shall be issued only for such 400 square foot additional stOry level above the third floor of a buildinf/ or buildinf/s that is either: a. A non-inhabitable unit accessed by a lJublic stairway or elevator. b. A residentiallivinf/ area accessed by only a IJrivate stairway or elevator from an adioininf/ main residence. Sec. 8. THAT no certificate of occupancy shall be issued for a residential dwelling unit in either Sub-Areas "A" or "B" as identified on the attached Exhibit "A", until fifty (iQ) p8rG8Rt sf tAB spaes fssSr\'e{j fer retail aR{j sffiGe blSS is 8sRstrblste{j 45,000 square feet of retail square footaf/e has been lJermitted and constructed within the boundary of the PUD-C District, but excludinf/ Sub-Areas itA" and :"8" and Lot 28R. Such area will be issued a certificate of OCCUlJancy for only retail use. Only buildinf/s lJermitted and constructed after fer aRY BbliI{jiRg sr ~blil{jiRgs, 8}{GlbI(jiRg Sbl~ ''-reas "f," aR{j "Q" aR(j tAsss ~blil{jiRgs 8b1ffSRtly 8sRstrblste(j as of February 7, 2006 tAat Aave aR BxistiRg Certifisato ef 08SblpaRSr, are 80RGtrblste(j shall be credited toward the requirements of this lJaraf/ralJh. THf.T tAs pFe'JiGieR 8EmtaiRo{j iR SsstisR 1. E.1.a sf Of(jiRaRGe 0 02 1 ~~7. 4 rogar(jiRg tAB limit sf eRe rSGi(joRso per ~blil(jiRg site GAall Rot ~e applisiil~le to SblB Areas ".^'." iilR{j "Q" as i(jsRtifio(j OR tAS attiil@As(j ~){Ai~it ",^.". Sec. 9. THAT Section 1.E.1.a.4 of Ordinance 0-02-1337.4 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 390 tetal fSGi(joRtial (jv:eIliRg blRits 420,000 square feet of residential SlJace shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4 aR(j BXp€lR(je(j BY tAB iR80rperatieR ef a(j(jitieRal pFepOFtios wit A tAB iilppFe'/al ef tAis or(jiRaRs8. Sec. 10. THAT Section 1.1.2.d of Ordinance 0-02-1337.4 ref/ardinf/ lJublic lJarkinf/ is hereby amended in its entirety to read as follows: d. Public Parkinf/ - Public parkinf//ots and lJarallelparkinf/ spaces shall be located as shown on the attached Exhibit lEE". Allpublic lJarkinf/ shall be free of charf/e. Overnif/ht lJarkinf/ shall be allowed. Any modification to the current confif/uration of parallel parkinf/ shall be approved slJecifically by site plan approval by the Council. Ordinance 0-06-1560 Page 7 of 8 In addition to aCQUlrma the necessary zonina approvals, the developer shall submit construction plans for an additional 150 parkina spaces. Said parkinQ spaces shall be located at Site P1 or P2 as shown on the attached Exhibit liB". BuildinQ construction plans for the additiona/parkinQ shall be submitted at the same time as the buildinQ permit plans for the buildinQ or buildinQs located in Sub-Area "A" and liB". No certificate of occupancy shall be issued for a buildinQ or buildinQs located in Sub-Area "A" and liB" until the parkinQ facility required herein is completed and approved by the City. Sec. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 2006. day of Ordinance 0-06-1560 Page 8 of 8 The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" ~/' =miol-~' "':'-:l\.F.-, ;>"'MI'=" ""~ i'l .:;'.' i~/ it 1/ ? €.'> ~~ --ffifti "CoTTX"-iiy-:-l , I i i \ . G' , ! ,'~ ..,.-~:u ..._"'~ ~-" ........ m"'~":!5.... ;::.:;:."'.:"::n .!i1.f- {/ .5- , ~f ' !II" " f'll " !II /1 .h_ !~a= :::!:::.1="-1 _.' I=~__'_" 1 ......_...._ _..._ _4__ i i!i.~~~~~~-,~:~=- .___j THE VILLAGE AT COLLEYVILL '''ltf~ "_s;~.;li? $.Jf- , ; ;' ;, <D ~~;I-~~ ; T ',' '.- ! i . I,~;'" ' L_~i:_~ ....uu.ct sa....uCtlW\"l. Un. .. ...li."( ~kal ...... ... Ct)U.tT\'Qu:.1't-~~ Ckt.ol.....~ @glEl~2~:)..t!.;~~. :r...':.:t-,~.'t;~_.......~~~ Exhibit "B" I _______ ~-,...---..-...-_.. I I I I -...--------- ----- -. - - -.--.---~ I ~'ik":.il.. "'4~'" '" I I I r--~-~l ',./ , Site P1 ~ =$:_"T. .I J ....~... I I .. ,: 'c:.~ ------ e ....~. E3 <<='\i!SFllI CJIl . -=~ Site P2 G' ~=i.. ~..'.', ~ .' 4'"" :.. .,._~.., . .._~'..... '. Bfil" Parking Sites 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 PENAL TV 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 7 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 zoning 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 DEVELOPMENT STANDARDS 1. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 single-family residential units with up to a maximum total 105,000 square feet of single family area and except as otherwise specifically provided for herein with each residential unit having a minimum of 1 ,200 square feet of climate controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum square footage of 850 square feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total square footage. 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, except for a sales office for the residential units containing not more than 2,000 square feet and a common lobby area containing not more than 5,000 square feet. No additional office use shall be allowed on the ground floor. Ordinance 0-06-1560 Page 3 of7 d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet of the building or buildings. e. The provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4 regarding the limit of one residence per building site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 2. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 single-family residential units with up to a maximum total 105,000 square feet of single family area and except as otherwise specifically provided for herein with each residential unit having a minimum of 1,200 square feet of climate controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum square footage of 850 square feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total square footage. 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, except for a sales office for the residential units containing not more than 2,000 square feet and a common lobby area containing not more than 5,000 square feet. No additional office use shall be allowed on the ground floor. d. The building or buildings on these lots must contain on-site Ordinance 0-06-1560 Page 4 of 7 underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet of the building or buildings. e. The provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4 regarding the limit of one residence per building site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 3. Ordinance 0-02-1337.4 is amended to include the following addition additional provisions for any building or buildings that contains a residential unit that is not included in Sub-Area "A" and "B" as depicted in attachment "A": a. Except as otherwise specifically provided for herein, all residential units shall have a minimum of 1,500 square feet of climate controlled area. Sec. 3. THAT Ordinance 0-02-1337.4 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 shall be deleted. b. The requirement for 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. The developer is required to construct, at the sole discretion of the Council, a landscaping buffering from the PUD C District which abuts City Park. Said buffering shall consist, among other things as determined by the Council; landscaping, trees, wrought iron fencing and/or berms. Trees shall be a minimum of four (4") caliper, spaced at 25' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering of the Land Development Code. This landscaping buffering shall be completed prior to the issuance of any certificate of occupancy for a building or buildings not located in Sub Area "A" or "B" as denoted in the attached Exhibit "A". d. All buildings within this PUD-C shall be equipped with fire detection and Ordinance 0-06-1560 Page 5 of 7 suppression systems as required by the City of Colleyville Fire Marshal. Sec. 4. THAT Section G.9.a of Ordinance 0-02-1337.4 is hereby modified to provide: 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 deleted, and replaced with: a. A landscaped buffer with natural openings shall be provided, along the entire length of the northern boundary from City Park to Pleasant Run Road, 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' 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 is added. Sec. 5. 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 is hereby deleted. Those same residential units built on or before February 8, 2006 and currently holding a Certificate of Occupancy for an ancillary residential unit at 32 Piazza Lane, 36 Piazza Lane, 51 Piazza Lane, and 55 Main Street, Suites 320 and 360 are hereby declared to be legally non conforming. Sec. 6. THAT the provision contained in Section 1. E.3.c of Ordinance 0-02-1337.4 is hereby amended to read as follows: c. Retail uses containing more than 40,000 square feet of floor area for a single user. Sec. 7. 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 allowed in Sub-Areas "A" and "B" as identified on the attached Exhibit "Alt. In all other areas of the PUD-C District, a Certificate of Occupancy shall be issued only for such 400 square foot additional story level above the third floor of a building or buildings that is either: a. A non-inhabitable unit accessed by a public stairway or elevator. b. A residential living area accessed by only a private stairway or elevator from an adjoining main residence. Sec. 8. THAT no certificate of occupancy shall be issued for a residential dwelling unit in either Sub-Areas "A" or "B" as identified on the attached Exhibit "A", until 45,000 square feet of retail square footage has been permitted and Ordinance 0-06-1560 Page 6 of7 constructed within the boundary of the PUD-C District, but excluding Sub- Areas "A" and :"B" and Lot 28R. Such area will be issued a certificate of occupancy for only retail use. Only buildings permitted and constructed after February 7, 2006 shall be credited toward the requirements of this paragraph. Sec. 9. THAT Section 1.E.1.a.4 of Ordinance 0-02-1337.4 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 420,000 square feet of residential space shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4. Sec. 10. THAT Section 1.1.2.d of Ordinance 0-02-1337.4 regarding public parking is hereby amended in its entirety to read as follows: d. Public Parking - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the Council. In addition to acquiring the necessary zoning approvals, the developer shall submit construction plans for an additional 150 parking spaces. Said parking spaces shall be located at Site P1 or P2 as shown on the attached Exhibit "B". Building construction plans for the additional parking shall be submitted at the same time as the building permit plans for the building or buildings located in Sub-Area "A" and "B". No certificate of occupancy shall be issued for a building or buildings located in Sub-Area "A" and "B" until the parking facility required herein is completed and approved by the City. Sec. 11. 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. 12. 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. 13. 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 Ordinance 0-06-1560 Page 7 of 7 than that portion so decided to be invalid or unconstitutional. Sec. 14. 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. 15. 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 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" . L--.. --'::-:lli':- ""'- =.....-..:.... ~..-. ~.;;;=.~ ..:-~::-.... i " ~"'W.>-r.::~ €]> --a.'F- €) :7~t=t: '"'Th~ I , , :~ ,,~ W ~~ ~ t /~~ tZ:;i:~ Il_ I 1 €3> . , ! , ' gj,~.-l:-.~~ :: ::~. .~'" - , fi~~...lii mrJ THE ~;;'I.AGE AT COLLEYVILL ,,',.t.~. '\,.~ . .~ :o:.;=.; -...~- 1/ <0 IUI ~-- 'I ,,!I, #~ ,51: i ~':/ { 1/'1 ,.7,., \1U.l.C:Cll,UlIoCDfM. uO- n IUL'f STlIn :lOrn UC? <ou..I:lVtU.I:. TIUJ 1'e034. Oct.bu. to<<i @gE3~_~~4_!';~~' ::.:.:~...t=:::.::.:'"~~- ~.._... ..!:'.Jf- ~~1 Exhibit "B" ....~. I ' I I I I. '. < ......~_._~--------------------------l: r----~l '. / ,------- -..... .: !' Site P1 l=_ 0/ tl --... 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O-\~ ~~~r -.~ 1, ~..... ~ , ,- , \'~ ~ --- ~~~ ";" ---- .1S'~ ~~-"\\! -;t>>\~ '5t c!~' ,. ~, ,:!~ \i ~. \- 'lI.\ ~\" lilll ....,.. "fA... I, ~... ...., \.~:::>"?(\\'\ "",,---1 ,.-.-,' i.~- "----=..:.. ., - - , ----~ ~ .--' oz- Plat Exhibit of Area "B" (Existing Lot Configuration) ;-0 l..K.~ SNV'l VONYHSA .OL~ ~ f .anz ,t.~ co , 10 Co ~., .~"n t') alii -tX' b i ~' ~ 0 .f U) ,II: ., ~ \ .w..z:, lUIIl.KA8S ~,l':L r~KA8S ,tntl ~ #SF .ot"Ul .. ~ Zt' .. 1eL .L:iI:mI.S NlVJ'{- ::>1 .,; -.. _seME .t.~ P::, I (Proposed Lot Configuration) ;-0 l.K.":_ .an:z I ~ ~+- "ft .n-':K SNYI VaNYHSA .OL~ i' i , <Sa a- ~:i .......~ .ocr.t i:: .,; -.. ~'se"E .LS:mLS NlVJ'{ - , .ttL(MI ~~t I 8 CO ' lIi!P1 CO t') , ~ II U) ~\ Proposed Ordinance Showing Changes 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 8 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 zoning 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 DEVELOPMENT STANDARDS 1. Notwithstanding anything to the contrary contained in' Ordinance 0-99- 1141 or 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 single-family residential units with up to a maximum total 105,000 square feet of single family area and except as otherwise specifically provided for herein with each residential unit having a minimum of 1,200 square feet of climate controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum square footage of 850 square feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total square footage. 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, except for a sales office for the residential units containing not more than 2,000 square feet and a common lobby area containing not more than 5,000 square feet. No additional office use shall be allowed on the ground floor. Ordinance 0-06-1560 Page 3 of 8 d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 'parking spaces per residential unit. Additional off-site parkinq shall be provided in a parkinq lot or qaraqe at a ratio of 0.25 parkinq spaces per residential unit in order to provide a cumulative parkinq ratio of 2 parkinq spaces per residential unit. Said off-site parkinq spaces shall be located within 400 feet of ~ebuildmqorbuildmq~ e. The provision contained in Section 1.E.1.a of Ordinance 0-02- 1337.4 reqardinq the limit of one residence per buildinq site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that. has been filed in the Tarrant County Deed Records. 2. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 sinqle-familv residential units with up to a maximum total 105,000 SQuare feet of sinqle family area and except as otherwise specificallv provided for herein with each residential unit havinq a minimum of 1,200 sQuare feet of climate controlled livinq area. The above notwithstandinq, not more than twelve (12) individual sinqle familv residential units may be built with a minimum sQuare footaqe of 850 sQuare feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total sQuare footaqe. 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, except for a sales office for the residential units containinq not more than 2,000 sQuare feet and a common lobbv area containinq not more than 5,000 sQuare feet. No additional office use shall be allowed on the Ordinance 0-06-1560 Page 4 of 8 ground floor. d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site IJarking shall be IJrovided in a IJarking lot or garage at a ratio of 0.25 IJarking SIJaces IJer residential unit in order to IJrovide a cumulative IJarking ratio of 2 parking spaces IJer residential unit. Said off-site parking spaces shall be located within 400 feet of the building or buildings. e. The provision contained in Section 1.E.1.a of Ordinance 0-02- 1337.4 regarding the limit of one residence per building site shall not be aIJIJlicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit. the developer shall provide a COpy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 3. Ordinance 0-02-1337.4 is amended to include the following addition additional provisions for any building or buildings that contains a residential unit that is not included in Sub-Area IIA" and liB" as depicted in attachment "A ": a. Except as otherwise specificallv provided for herein. all residential units shall have a minimum of 1.500 square feet of climate controlled area. Sec. 3. THAT tile pun C Distriet eroate€4 BY Or€4iRaRee 0 99 11 ~1 eR Jam;lary 19, 1999, aR€4 amem€4e€4 BY Ordinance 0-02-1337.4 SR 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, exesJ3t fer U~S City Hall aR€4 liBrary J3F8J3orty, shall be deleted. b. The requirement for 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. The developer is required to construct. at the sole discretion of the Council. a landscaping bufferina from the PUD C District which abuts City Park. Said buffering shall consist. among other thinas as determined bv the Council; landscaping, trees, wrouaht iron Ordinance 0-06-1560 Page 5 of 8 fencing and/or berms. Trees shall be a mInimum of four (4"J caliper. spaced at 25' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscapina and Buffering of the Land Develollment Code. This landscaping buffering shall be comllleted prior to the issuance of any certificate of occupancy for a building or buildings not located in Sub Area "A" or liB" as denoted in the attached Exhibit "A". d. All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required by the City of Colleyville Fire Marshal. Sec. 4. THAT Section G.9.a of U~S PYD C Distriet ereate€4 BY Or€4iRaRee 0 99 11 <11 eR JaR14ary 19, 1999, aR€4 ameR€4e€4 BY Ordinance 0-02-1337.4 00 May 7, 2992, is hereby modified to provide: ameR€4e€4 ts iRssrJ3srate tile fells'.viRg a€4€4itisRal €4e'JeleJ3meRt staR€4ams: 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 deleted, and replaced with: a. A landscaped buffer with natural openings shall be provided, alona the entire lenath of the northern boundary from City Park to Pleasant Run Road, 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' ts JQ' 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 is added. Sec. 5. 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 sllall RSt Be aJ3J3lieaBle ts S14B aroas "/'." aA€4 "B" as i€4eRtifie€4 SA tile attaelle€4 E)(lliBit ".'\" is hereby deleted. Those same residential units built on or before February 8, 2006 and currentlv holding a Certificate of Occupancy for an ancillary residential unit at 32 Piazza Lane, 36 Piazza Lane, 51 Piazza Lane, and 55 Main Street, Suites 320 and 360 are hereby declared to be legallv non conforming. Sec. 6. THA Tthe provision contained in Section 1.E.3.c of Ordinance 0-02- 1337.4 is hereby amended to read as follows: c. Retail uses containing more than 40,000 square feet of floor area for a single user. Sec. 7. 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 Ordinance 0-06-1560 Page 6 of 8 the third floor shall not be aJ3J3lieaBle ts allowed in Sub-Areas "A" and "B" as identified on the attached Exhibit "A". In all other areas of the PUD-C District, a Certificate of Occupancy shall be issued onlv for such 400 square foot additional stOry level above the third floor of a buildina or buildings that is either: a. A non-inhabitable unit accessed bv a public stairway or elevator. b. A residential living area accessed bv onlv a private stairway or elevator from an adioining main residence. Sec. 8. THAT no certificate of occupancy shall be issued for a residential dwelling unit in either Sub-Areas "A" or "B" as identified on the attached Exhibit "A", until fifty (iO) J3erGsRt sf tRe sJ3aee reserve€4 fer retail aR€4 sffieo 14se is eSFlstr14ete€4 45,000 square feet of retail square footage has been Ilermitted and constructed within the boundary of the PUD-C District, but excluding Sub-Areas "A II and : liB II and Lot 28R. Such area will be issued a certificate of occupancy for onlv retail use. Onlv buildings permitted and constructed after fer aFlY B14il€4iRg er B14i1€4iFlgS, e)(el14€4iRg S140 .^.reas ".'\" aR€4 "B" aR€4 tRsse 014i1€4iRgS e14rreRtly eeflstr14eto€4 as sf February 7, 2006 tRat Rave aR 8>dstiRg CeFtifieate @f Oee14J3af'ley, are SSRstr14ete€4 shall be credited toward the requirements of this Ilaraarallh. THf.T the J3rs'JisisFI eSRtaif'le€4 iR SeetisFI 1.E.1.a @f OF€4iRaf'lee 0 92 1337. <l r-egar€4iRg tRe limit sf SRe resi€4oFlse J3er o14il€4iRg site sRall Rst oe aJ3J3lisable ts S14B Areas ".'\" aR€4 "B" as i€4Emtifie€4 SFl tRe attaehe€4 E)(RiBit "A". Sec. 9. THAT Section 1.E.1.a.4 of Ordinance 0-02-1337.4 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 :aOO tstal resi€4Emtial €4VJelliRg 14Rits 420,000 square feet of residential space shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4 em€4 El)(J3aFl€4o€4 BY tRs iResFJ3sfatiem sf a€4€4iti@Ral J3r8J3erties '.VitR tRO aJ3J3r8val sf tRis er€4iFlaRee. Sec. 10. THAT Section 1.1.2.d of Ordinance 0-02-1337.4 reClardina Ilublic Ilarkina is hereby amended in its entirety to read as follows: d. Public Parkina - Public parking lots and paralle/parkina spaces shall be located as shown on the attached Exhibit liE". Allpublic Ilarkina shall be free of charge. Overnight Ilarking shall be allowed. Anv modification to the current configuration of parallel parking shall be approved specificallv bv site plan approval bv the Council. Ordinance 0-06-1560 Page 7 of 8 In addition to aCQUlrma the necessary zonina allprovals, the developer shall submit construction plans for an additional 150 Ilarking spaces. Said parkina Sllaces shall be located at Site P1 or P2 as shown on the attached Exhibit liB ". Building construction Illans for the additional parking shall be submitted at the same time as the building Ilermit Illans for the building or buildings located in Sub-Area IIA II and "B". No certificate of oCCUllancv shall be issued for a buildina or buildings located in Sub-Area IIA" and."B" until the Ilarking facility required herein is completed and approved bv the City. Sec. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 2006. day of Ordinance 0-06-1560 Page 8 of 8 The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" .~/' i ":::-m":'~. -:'"Si:i""" ~ ~l il ~1 it , .... , ~b~ .'.. I ~~ ..;s.;:l;t.: u.tt - 10 ~~~~_i ;;.~~ ~g- ;;;;;!."~" -.li ~. .*.". i-'~- . ~_i~~-',=::::'== . 'filE VILLAGE' AT ~.......",,--' '... CO LLEYVll [ ;,.3t~.. ,. ,<:~p~ ~~J.;.GI "....~.AGtNQtil. i.ro. .. ....!X S'lken .......... coux.rwrur. ti.1r:U"' ,~ Ot*'~" tt-!3 ~tf- ",f ~'l .'.A" . ~ ,t : oj 17/ Ii ,1 !Ejcr->&,"'- ,_ ....~~~...,~"9;y,t...S&.".,., b:;. .'-. ,.~*\..~~::...::..~ .~..............- Exhibit "8" ....~* f. I I I I ' i .r----~l. ': _.-.......-._--~ . ~..~_..~-------------------- " .'. I L--,._.__,__-..... . I . t' : I . . . , .. . ~ '/ : .. "'--.a:....... ~ ',' Site P1 1\ =d;6:_..... , I ., ~ ' '_~N. , I... . . /d:.~~ , \ ' . .It>/'"- ---.- -- .~ ;;.;.i..~'1( E3I ~. Site P2 ... .0' .. . I ~~ am Parking Sites ~. / I 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 7 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 zoning 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 DEVELOPMENT STANDARDS 1. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 single-family residential units with up to a maximum total 105,000 square feet of single family ar~a and except as otherwise specifically provided for herein with each residential unit having a minimum of 1 ,200 square feet of climate controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum square footage of 850 square feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total square footage. 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, except for a sales office for the residential units containing not more than 2,000 square feet and a common lobby area containing not more than 5,000 square feet. No additional office use shall be allowed on the ground floor. Ordinance 0-06-1560 Page 3 of 7 d. The building or buildings on these lots must contain on-site underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet of the building or buildings. e. The provision contained in Section 1. E.1.a of Ordinance 0-02-1337.4 regarding the limit of one residence per building site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 2. Notwithstanding anything to the contrary contained in Ordinance 0-99- 1141 or 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 single-family residential units with up to a maximum totat 105,000 square feet of single family area and except as otherwise specifically provided for herein with each residential unit having a minimum of 1 ,200 square feet of climate controlled living area. The above notwithstanding, not more than twelve (12) individual single family residential units may be built with a minimum square footage of 850 square feet. These residential units shall be inclusive of the total 70 residential units and the 105,000 maximum total square footage. 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, except for a sales office for the residential units containing not more than 2,000 square feet and a common lobby area containing not more than 5,000 square feet. No additional office use shall be allowed on the ground floor. d. The building or buildings on these lots must contain on-site ..... ,'~ '-'" Ordinance 0-06-1560 Page 4 of 7 underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. Additional off-site parking shall be provided in a parking lot or garage at a ratio of 0.25 parking spaces per residential unit in order to provide a cumulative parking ratio of 2 parking spaces per residential unit. Said off-site parking spaces shall be located within 400 feet of the building or buildings. e. The provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4 regarding the limit of one residence per building site shall not be applicable. f. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall provide a copy of the Condominium Declaration that has been filed in the Tarrant County Deed Records. 3. Ordinance 0-02-1337.4 is amended to include the following addition additional provisions for any building or buildings that contains a residential unit that is not included in Sub-Area "A" and "B" as depicted in attachment "A": a. Except as otherwise specifically provided for herein, all residential units shall have a minimum of 1,500 square feet of climate controlled area. Sec. 3. THAT Ordinance 0-02-1337.4 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 shall be deleted. b. The requirement for 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. The developer is required to construct, at the sole discretion of the Council, a landscaping buffering from the PUD C District which abuts City Park. Said buffering shall consist, among other things as determined by the Council; landscaping, trees, wrought iron fencing and/or berms. Trees shall be a minimum of four (4") caliper, spaced at 25' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering of the Land Development Code. This landscaping buffering shall be completed prior to the issuance of any certificate of occupancy for a building or buildings not located in Sub Area "A" or "B" as denoted in the attached Exhibit "A". d. All buildings within this PUD-C shall be equipped with fire detection and Ordinance 0-06-1560 Page 5 of 7 suppression systems as required by the City of Colleyville Fire Marshal. Sec. 4. THAT Section G.9.a of Ordinance 0-02-1337.4 is hereby modified to provide: 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 deleted, and replaced with: a. A landscaped buffer with natural openings shall be provided, along the entire length of the northern boundary from City Park to Pleasant Run Road, 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' 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 is added. Sec. 5. 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 is hereby deleted. Those same residential units built on or before February 8, 2006 and currently holding a Certificate of Occupancy for an ancillary residential unit at 32 Piazza Lane, 36 Piazza Lane, 51 Piazza Lane, and 55 Main Street, Suites 320 and 360 are hereby declared to be legally non conforming. Sec. 6. THAT the provision contained in Section 1.E.3.c of Ordinance 0-02-1337.4 is hereby amended to read as follows: c. Retail uses containing more than 40,000 square feet of floor area for a single user. Sec. 7 . 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 allowed in Sub-Areas "A" and "B" as identified on the attached Exhibit "A". In all other areas of the PUD-C District, a Certificate of Occupancy shall be issued only for such 400 square foot additional story level above the third floor of a building or buildings that is either: a. A non-inhabitable unit accessed by a public stairway or elevator. b. A residential living area accessed by only a private stairway or elevator from an adjoining main residence. Sec. 8. THAT no certificate of occupancy shall be issued for a residential dwelling unit in either Sub-Areas "A" or "B" as identified on the attached Exhibit "A", until 45,000 square feet of retail square footage has been permitted and Ordinance 0-06-1560 Page 6 of 7 constructed within the boundary of the PUD-C District, but excluding Sub- Areas "A" and :"B" and Lot 28R. Such area will be issued a certificate of occupancy for only retail use. Only buildings permitted and constructed after February 7, 2006 shall be credited toward the requirements of this paragraph. Sec. 9. THAT Section 1.E.1.a.4 of Ordinance 0-02-1337.4 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 420,000 square feet of residential space shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4. Sec. 10. THAT Section 1.1.2.d of Ordinance 0-02-1337.4 regarding public parking is hereby amended in its entirety to read as follows: d. Public Parking - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the Council. In addition to acquiring the necessary zoning approvals, the developer shall submit construction plans for an additional 150 parking spaces. Said parking spaces shall be located at Site P1 or P2 as shown on the attached Exhibit "B". Building construction plans for the additional parking shall be submitted at the same time as the building permit plans for the building or buildings located in Sub-Area "A" and "B". No certificate of occupancy shall be issued for a building or buildings located in Sub-Area "A" and "B" until the parking facility required herein is completed and approved by the City. Sec. 11. 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. 12. 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 ($2,000.00) for each offense. Sec. 13. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other Ordinance 0-06-1560 Page 7 of 7 than that portion so decided to be invalid or unconstitutional. Sec. 14. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 15. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF cOLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" , t_~~_~~- , ~ i I _.~....... =""'-..:.~. ~-:::... -=-m;,';:::-". , .o:.'j,f":~ i 1._ ~ __... <E!> -'1'h~- -~~. <<3 / r::~t; €3 <0 ':',;:~.,.. . 1ii'8l, COTT--;;;1iiV-l I \ ci:::i:~ \o"tI.U.CI: tU,trCACEMD"T. "TO. ., VAL'" snttlt sum: t(lO COlU:rVU.u. ~ 7ftO:S4. o.:~.~ @C~8oWd. ~...:c~:y,~. ;;~:;;~,!j:..:...~~.::=. ,--..-... :~ ~;'lc i! ~l ~ , ,l_ , I ""', . I . / ~::::B O!J>. l' -=i~- fO L fi~~:...1lI1m~J THE ~;~I.AGE AT COLLEYVILL ,1'~. !1:ut:.' -I ~- ......-- II /I' (" it I ~''I;'i '$- :. 1/' /1 i -"i!f- Exhibit "8" .....-. .;:otiA-r;... I '.. ... . ~._~------------u------~----J .r !. ------1' .. / :---____.________u , I I ' . : ! '"""'-~......, : :' Site P1 ~ .:::-mn..... / II -~~"'. ~ / .. . . u:.~""=- ,\ . . -,=r- .. -..- ;e ;0' Site P2 0' ~ ~ ~ Parking Sites ~ ~ .9.Jf- , I 1-24-06 City Council Worksession Briefing Material . 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 ThLJrsdaymorning to discuss the format for the Tuesday evening work session for the proposed Village development z:oning r.nodificatioris. 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 line (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 i:lnd potentlaldrCiftingof.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 Council 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 "B". 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 reqLiirements. Staff will be coordinating the process with the City Attorney for future City Council consideration in relocating the City dedicated.parkinglot. 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 ofVillaQedevelopment . . ' Councilmember Hendler asked What the square footage of retail 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 feetfor 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,. Included with this packet is an attachment provided by the Finance Director depicting the various property valuations per address currently recorded bytheTAD. 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. ' , . . , SinGe 2001, the City has. processed $303,510.86 in repurchase payments of public assets 'to the developer. You will recaU the Finance. Director annually provides to the City Council, a copy of theTIF 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. . V'II TIF P t I aQe. 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 currentquildings. 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-Qut" 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 f()r 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 retaii space was a strong incentive for his expeditiously leasing.the retail space. Modified. residential 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 resulting frornthe 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 residential 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 layout 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 cpnsistency -of the landscaping area for both the Village and City areas. This is anapprbach easily achievable by 'the City and likely be' done with staff. . Consulting 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 developer were supportive of a plan for the developer to construct a multi-level parking garage at this location. . The developer's plan is helve a ground level (existioglot area) and second floor parking garage. The City does not have any construction drawings or elevation- concept draWingS. for the facility. Thecurrehttrees andpclrking 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 P<:lrt 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. It 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 th~ City~. During the construction of the initial improvements, the developer Goristructed 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 sl..Ich, in the construction of. a parking garage as proposed by the developer. The ColleyvilleLand Development Code requires a SUP. for p.arking garages in _either a CC1orCC2area. As f)uch, 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 wiH 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 ofthe 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 Jorward 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 'January 17,2006 Village Zoning Briefing ...... CITY COUNCIL ~(/) AGENDA BRIEFING 7C'~35 MEETING DATE: ITEM # : ORDINANCE # : 01/17/06 5 0-06-1560 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW 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 , Previous Action: 01/03/06 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 \ prdinance 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 "''1e north boundary of the development. Agenda Briefing Ordinance 0-06-1560 Page 20f 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 propo~ed 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 ofthe 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 originCiI 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 .developeris 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 "A" as Sub-Area "A", "B" and "e". \Currently, the ordinance will allow construction of 30 residential units (15 primary units and 15 lncillary units) within each' of Sub-Areas "A" and "8", which are part of the original development. Sub-Area "e" is a proposed expansion of the ViIlageat 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 ancjllary 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. _ Jithin the Neighborhood Center District, which generally parallels Main Street and Village '.'<_H.'"_"M.~_'~'~~--~~-"--~"~-----_..~~'~~'~--~~ 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. . " f 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,iIIustrate$ 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 ora 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 . retainiri'g '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 'le 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 arid are developed with non-residential uses along Colleyville Boulevard. The property to the west is zoned AG and is developed as City Park. .Inthe 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 verage, the 150 additional proposed residences would add 1,436 vehicle trips per day to the ...urrounding roadways. Agenda Briefing Ordinance 0-06-1560 Page 6 of 6 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 ~he 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 Zoriing 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 pa'rking 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 Zoning and Locat',o. n Map Cll~~ ~I (>.~'2.~~to 8.8.a. ~~ ,..pr- , -;'0'\ \'''' 1 ' 9;#C.~ .~ 4.~ E. ~ fY "''i,,\\.\. ~ c.O\.\.~ l I Aa~ Cl1'f pf1"" ~ . .... .... Ie "5 ' ~_ 2\b~. cO to t. 8.a.a. stIt,,€"t ,._206 l Location Map Village at Colleyville EXHIBIT "A" - SITE PLAN D NORTH ;~ . .- h_ - h_U -....-;~!J;lI*""JIii; .. -hi!! ... .... ;'" ,r ..,,'Xf{~ ,:'.~~~,::t}i~Y:f~~~~j _,~)~;t~~"~:;,,:_~,, ',~"i I .;~,: - .>I~, M.~' :/ ., . .. .~- ~:;t;:;,d~:::1{:;!7?~~j ~.,.~; ,~ '. , ..:. ,... ....<f . . ~: ---......;. ~ . . . . , ." .. .:;....~....:.-:"~;' ~ .:~~ : ~ -.;- ..# " ~";'Il ,.". . II ,. ,. :. "j -..' I' --f j , , , ~ ".; ~""'lo\. ,-, r :/ .. r , .y ,/ .I ~, ,. . , I J::.. ,'F "- 'I- ; /-' t l ":.' . [" .''-,' "t .;-'C~''''i~':::f::~~... ./ 110. / "/ , ~ " [if , j I i k l ~=: ~- / I ~...-I ~- w......w... i , ! .l?~_ .I . ;;'jtJl:/' . .., i1 /: $1 ,/ }/ I . ~E',.girl ~i** @gl51~~~.."~:J.i . . ~~~.;1~-"~~~"';;""""" '.-~~ , , ....... . . - I :.. .~;: ' . J,,;~.':...' ,. . ._. ...1 _~ . - ,.-:'"'~.. -~... =..: - =;:"~ . I , / / EXHIBIT "B" - BUILDING HEIGHTS if PARAPErWAU. . I 400 SF. PENTHOUSE ROOF. DECk . b , . UNIT 3 3RD lEVEL FINISH ft.Oal UNIT 2 b b ., , . 2ND I!VEl FINISH FLOOR UNIT 1 b !It GROUND lEVEL , . lYPICAI. SE010N FOR STANDARD BUtlDlNCi HEIGHTS e lHE VIU.AGE . COlLEYVIlLE 01. .. ". .. ...,. .....,q . '. .. ..' .. p... .' ... SCAt.f: 1/8"-1"-0" . List of Property Owners Notified Voc Builders lp. 15 Coldwater Cr. Lorena, TX 76655 99 Main Investors LP 454 E. Oxford Rd. North Barrington, II 60010 Applebee's Of Texas Inc. 4551 W. 107111$1. Ste. tOO Shawnee Mission, KS 66207 ' Archie, James Wallace II 34 Piazza lane Colleyville, TX 76034 Banks, James Etux Julia 715 Central Drive Colleyville, TX 76034 Brothers, Uoyd PO Box 45 Colleyville, TX 76034 Brown, Richard Etux Kathy 5005 Shadowood Rd. ., Colleyville, 'IX 76034 Colleyville 5005 L1c. 16 Seaview Dr. Kingston, MA 02364 Colleyville Glade Corp. 17400 Dallas Pkwy. Ste. 216 palias, TX 75287 . Colleyville Plaza 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 D & V Walker Family Lp #2 Etal 5501 Normandy Dr. Colleyville, TX 76034 Elixer Salon & Day Maker Inc. 85 Village Lane, Suite 150 Colleyville, TX 76034 Figuercia, Robert & Beverley 817 Central Drive Colleyville, TX 76034 Foy Family Lp. 4605 Mill View Dr. Colleyville, TX 76034 G & B Property Mgt. Group Lp. 62 Main St. Suite 110 ' Colleyville, TX 76034 Gable, Michael & M A Smith Ghauri, Khalid Pervez Groffman, Sfeven Etux Beth 813 Central Drive 92 Piazza lane 815 Central Drive Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 'Guirguis, Waguih Etux Nancy Haley, Jason B Etux Kimberly K J P Morgan Chase Bank 2325 Danielle Drive 711 Central Drive PO Box 2558 Colleyville, TX 76034 Colleyville, TX 76034 Houston, TX 77252 McNosky, Anthony T Merced Partners lp. Mozing, William l Etux Eoun 5108 Pleasant Run Road 62 Main St. 5007 Shadowood Rd. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 , \ The Owl's Nest Lp 35 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 T erraee Colleyville, TX 76034 Sawyer, Nelle C Tr. 1594 Kalaniuka Circle Honolulu, HI 96821 T umer, Christine 713 Central D.rive 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 ~~ TexaS FIRE DEPARTMENT MEMORANDUM TO: M. Johnston, Fire Chief FROM: J. J. Jones, Fire Marshal DATE: 12/19/2005 SUBJECT: Village of Colleyyille ' 1 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 rho 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. ~2 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. . Commercial 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 backflow 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 13 ~ . .~,;. '" '" o ::l o z > .< ) o :u z ,. "'''' ,.,,., ~~ ~r Z "':ij o ~~ z o ,., '- '" g o z ,. i I c,~ } II> S? r r.> ~ ,:<::C '" q i "'i "j h g tin 8~ ... iJliJil!i ORNAMENTAL IRON FENCE! RETAINING WALL EXlGBIT bi~'!I. 1111! tn4GI!' AT ClXCEfJnB ~mm \ """ RE'oGONS I ....... <><n<m """ """ I K9 01/09/06 . c;t l:l r-;) IIoird. Ibnptoo l Brown Inc. ~t:JL:.>En1)tneerin9 &. Surveying -....""........... -.................-.- NO,I 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 va.riuos locations. By planting these trees in the buffer yard, The Village Would be keeping with a consistent landscaping theme. Please feel free to call me 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 "1 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 ~" ;;...- ... ..t. .. ..!.=#ir....: . . .. - ..-. ! ~"""'. ~. ",.. ...!id,,~' .:1:: ...:' ./.', j' . ~#' em. ,f]I::'.. ~';.' ". _. .. .. . - t./ ./ Tllg..nii..\i,g : At::~(jlP:y.VIi.L: '::':).. . .~.:=~; <<:rn..... . ~ tv.d--. . ~"t~ '~....' @l8151~"""'~--!'<.:~ : =~'::..~,:;~: -- .~~.<....: Maximum Residential Unit Analysis With Higher Density in Areas "A", "B" & "C" Area Full Size Ancillary Total Units Units Units "A" 70 0 70 "B" 70 0 70 "c" 70 0 70 Non-designated 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 i "1:.. -:-:-:--r:-T- ,:. :', . ... ..,.:".... . _...."'. _.,::,-,4 I :-, ": ~ ". ':O:'i;:... . : . -'.: ,."... ";-. .... '.- .. ',:,:k~~~ J, ; . .". ,'.: ." -. ._~,:<:,i,1~~ ::::~,:,i~tft/i --~, " ) ..... ,:Or:&: .. ......, - []fI1 , "~./'. . ~~. . . '-..: , , , . .. . . '. .. h . ." --~..:.- . .-..... ". -: .,~;:..~. ,~~: ~..~ , . ' ,. Maximum Residential Unit Analysis With Higher Density in Areas "A" & "B" Area Full Size Ancillary Total Units Units Units "A" 70 0 70 "8" . 70 0 70 Non-designated 80 80 160 Total 220 80 300 - :,@~--~#~ . .=~~..f.n;t~ .~---..' Note: Ancillary units limited to 600 square feet Residential Development Allowed Under Currently Approved Village PUD-C Ordinance .-- 1111=1 '.1 ~~. -:z.:..- -~::- ! ............ ! i I...,.. : ..... ~..- G ~- .,. I ~ I:.: .-~/ ..a:w"..... 'I / : L I ,I,' 'I : / I / ., " I / : L / I " J ',-' /, ;: -oj II/~ i!/I/--~. , : V,'II . / ~9~:~J. I / - -- - ii' / IHIii' I I ~a' =:€: =l~; II I j. / THE VILLAGE AT COlLEn ,ffi I ,~_ .5l./ ~ II --.... --- ~l Ii --=::=:- {/II i /1 @glSl~..'== m='" :;:.~ =l'.:r-=- .,.. " Maximum Residential Unit Analysis Currently Approved PUD-C Ordinance Atea Full Size Ancillary Total Units Units Units Total 150 150 300 Note: Ancillary units limited to 600 square feet .:......~,.*..~.. ~,'-'-'~-.._,<._- 1110/06 To: The Mayor and City Council of Colleyville Re: Remove property from request for zoning n -. -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 reacI"ed. 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 1\D.detennined 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 YO\lf support and understanding in this matter. , Sincerely; Vivian "Dee" McNosky 1lJ.- ,~ ~~.~ RECEIVED i \ JAM 1 1 ZOOG Pet .jI(;....::t 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 n~cessary, 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 g,iven 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 aU 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 Jots 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 "8" 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 "8" 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 "8" 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 arid 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 2006. day of The second reading and public hearing being conducted on the 2006. day of 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" '-':._~~;';~',,:"-- j .4,"._~ ---l.;.t ~~ . i as,==a ". , ~~~~~~ ., " ".' ~ I . i ! :-1 '.~ -'0"0_:::-"- i' ;. ! . I- ~ ~'. i ; ! .. ., . ~"l ~!. -.../ . . ".. I , I .. <D' :~ '=~' ~. ~ -l ," , . I. -0 [IfJ. ,.;". . ..... .. . . ..........-.. . "...... . . . ....... . 1-./ I i I. ., . .,l; ': ..~] i . .....1 : :.;l .l . /ft. . l1 / f . f. .. // ""-' ~l<- ~~ .. ! .....: .... -~_. .- .J.~.,....... i . - . - /:1!::~Fi.'; ; 'f ., i ;.- j . ., ;.'. .~ :'.~ .:...,.. ~ ......,. - - . 'filE .~: -........ ':"" .-.. . ..-.... .~!f}..~~ -~. m.:~..-.... . . .' .' .' . .. .' .. . .,THESTATE OF'TEXAS .. ~. . . ; . . . . . . . . ". . . . .. 'COUNTY O.FTARRANT ....... . CERTIFICATION ..... . , '..,' .. ',' ,.' . ~. ~ J CYNTHIA'SINGLETON,' City Secretary of the City 'of 6bll~YYilre,..TarrantCouflty~T exas;;;' '" '. .'. ..- - '. '.. cjo'hereby cerWy that the attached is a true copy ,of City of ColleY\fiJieResolutiorj R-OO':- .1751, aRprovedby theCltyCouhcilon January 16,2001, , - .' . . . -.. >.,.WITNESS MYHANDANDSEft{OFSAI[),CITYthis 1sfday of,Februar/200L', . . . ....Crc~~r;2j~~'..... ... qynthiaSingleton,.. TRMC, City Secretary ... :'. : ..... . .r . ". '.' . "... '.' ". " . . .... , p.o.. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 I.. _ RESOLUTION R-01-1751 - . , .' . A RESOLUTION RESCIND,lNGRESOLUTION R';99~1586 AND'APP. ROVING A..: :T AX1NCREMENr FlNANCINGAGREEMENT fOR REDEVELOPMENT SITE NO.' 1 WITH VILLAGE MONTICELLO PARTNERS,.,L TD . . - ". .' . . - .: .- '. - -., -' -' ,'. . . . - .. . , W~ EREAS, . the Citycif Colleyville has established a tax. increment financing district, .. ,in cooperation with other area taxing entities; and . . - - - . . ,theVHlage Monticello Partn~rs, LTD0tMP) has proposed af11ixedu~e' ., .. developmentthat will. exp~nd the cornmercial and,sales tax base, of, .. the, district in keeping with the intent ofthe creation of the district; . and ',... .. . WHEREAS;. VMP has requestedthattheCity'reirTlblJr~e VMP fora portion of the r , cost of pUblic improvern.ents being made to its property within'the", " ':district-and . .. ... - .- ". ,'. ."': . , , . . ... . . -- . . , . WHEREAS, these reimbursements will only be,made accordingio the'termsand; conditions' of . the ,Tax. lncrement.~ FinanCing Agreement ,for iRedevelopmentSite No. 1 with Village Monticello Partners,LTD; as', ';approved by the CoUeyville CityCciuncil. ' . . Resolution R-01-1751 page 2 of2 .'.. . .. ." . - - . ..... .... . this th~ . ..1 $1-<iayofFf> br",,-~'J. ......... ., lO(H ,by 'md l>et\veenTflE CITY OF . ','. . " .0 .'" .'-.. - .' .. - '. , ~O LLE~iLLE, TEXAS, a hCHue. rule municipality iopat~~i in T arrant County, T exas("City"), andYILLAGE MONTICELLO PARTNERS, LTp.,aTex8;S1imitedpartnershlp, or its ,'.designat~dtransfer~e("D.~veloper"). JheCityartdthe De"~lop~r(lTe,~orrl~tirr1es hereinafter' . '" . ...' ,referred '~olridividually~a"PartY" and collectively .asthe "PCllties." . .,' . .. . This Agreemerit f~rRedevelopIIlent Site N~. 1 ("Agreement"), is made'andenteredirito . . .,- , . '. . . -.....- -- '. ' , . '. ',':' . '.. '\\THEREAS, the City haS thea~thontyto~dopttaX.irtciernent frnancingputsuant to the.,.'. -., . . ." Act"), for. areas,within it$jurisdiction' '~esignated: by the City .asrei~ye~tmentz()nes pursu~t'to< . . -. - '. the, A.ct,andto itripleni~tit6ther econqmicclevelopment:6r fiilaIlcing, progi:amspursuant to : '. - . . . . .. . . chapt~r 380 of theLocalGov~nurient ,Codeandoth~rstatut~sl1nder the City's~ome-rul~ po\Ver; . . , ,. . . . , . . . '. ., WHEREAS, theCit)r has authorizedthe p.te.paraticm ofa PI. elim~ilary. project plan and' . . . . . . . .. . . . . .. . . ..' . preli~inaryr~in.y~stinentzonefinancingp~an.for theare~ 16~~tdrintn.e,CitY~~d,'described?ild .' ' '...... -' '. . .'. - .' . -..,. . .' "depict~clon Exhibits 'A.-l , and.,A~2'att~~hedihereto cmdmade.a part her~of (the "R.einvestment '. ,'.' '. '. .' .' WHEREAS, inaccbrdaiice ~ththe Act, the City, after giving aUn,otices required bylaw; .' ,"., - -,.......- . '..,.-' . - .. .., . : . - ,-,: ,.' - . -' . .... ",: ..... '.:'- .... '-'. . . ." - -" . -- '.' '.-' .. ct)llclucted,a. pl.l~licheaii~g,~ithre~p~dtothe.creation ofaRdnv~stmentZonearid, its benefits t9, , .. conducting all public hearingsr~quited bylaw, and after making all presentations to, and conductirtg all meetings ,with;~ach }axingunitthatlevies ta.xeson ;ealpioperty irtthe .- : ,". -.: .-."':' , '- .'- ". ".". : - . ReinvesttnerifZone #1 ~City ofColleyVille, Texas'.'; and . .WH;E~AS, in (iccordante ~itlI the. Act~ -th~~oard, of Directors 'of the Reinves.trri~nt , .. Zoneh~pr~par~da,proj~ct plari.~da rein~estment z()~e fillmlcingpiari,(c()l1ectiv~ly "Phins"), .. ... . .-.and Jhe,City~_in,accordrirIce. Withth, ~Actalldaft~r~rllalcirig'al1fIn<lingsrequired bythe'Act, haS ". . . . .- ...'. . ."", ,- .. ". :.-" , . .- '". ," ., adopted;:or\vill adopt,im:ordlnance approving the Plans;alld . ,. Exhibit"B " attached hereto (the "Property"); whlchPropefty shall- also be lmown a$ . '". - - .... '. '. . . .-. -'. .'-.",. . . .. -. . . . . .. Redevelopmynt S iteN 0.1 iI1'th~~einyestmen:tione;'atHl". . .. : - '_ .' .... . .' u .' . _. '.... .' . . .WHEItEAS, the Developer currently mtends to devdop and improveall'()r a portion of .' .... ,the Prop~asajoiI1t:Use~ffic~;rekiland resid61ti~fd~velopment(general1y refeiredt6.hen~in . . '." .'.-. ~ ". ,:. .:" . '. - ..':.' .'... ..: -. ...... - .... '. . . . : ~ - ...... - '. '. .' ',:- ':'.'. .' - . - . .:. . .. . . , ..as !he-"ProjeCt';), in.vanous phases; 'insubst8.ntial'~ollforri1ance ~thfueplaiiatta~hedhere4> as: . Exhibit'iC,,(the "Concept Plfut").andlriaceord~cewiththeiequiremerits oIthe City of . .. . -. . . . . . . . .' .. . -. . ., '.. ...... .. Colleyvi11ezonirigordirianceaIidbilier'?r~inarices of the City; 'and . . , . . . . . . . .- . . . . . . . . . . . . - .. .. . , , with the installation ~nd cOmpletion. of Varlous.public 4llprovementslistedon Exhibit., "D'.' . . . . . ,. . . . . - - ". ... . ." .-'. ".. . . . ..( collectiv~ly the'. 'Public ImproveII1ents;'),. indudi~gthe.reimbuI"sementof the' Deve~oper' for . .. '- ' . . . ,"". ,-; .' pr,. ojectcostS incurred by the Dev~loperinconnection with:th~ redevelopment{inchiding;'withou( . . " . limita~io~~,deJ?olition,'slte prepar~ti?n,iristall~tionof.u!illtl~s, coiistructionofptibli~. . . '. - - . .. . , . . . .. . . - .. ,-. 'improvements,. etc.}, ?f the Property;and" .. . .. ... : WHEREAS, the parties previouSly.executed that certain Agreement For Red.evelopment' . ." . - ,. - ." -, _..-. . '. '..;, . ". ." " ~ - , . - . ~ : , . " . . . . Site; N 0: -l~: dated December 21~ 1999 yvhich the pariieshay~ agreed. to.resCirid and replace With>." -. .'., .. ... -.. . ,this Aweerhent;~d , . . . - . . -'-.. . .. . ... ..; .cQnsidera..tionancireView......,. andtl;te City and ih~])evelop.~rhav.e. taken allactio.~s reqlliredt~be',. . . .,',... . . taken prior.to theexecutiop of this A~eem~nt in' order torriaki same binding upon the City and.' ..... ':.. . ." . -. -. " '- - ..' . ... :\V}ffiREAS, the City, after.dueand careful COrisjderatioriihasconcllldeclthat the .. . ~ . - . ... - . fedevelopmeritof the Property asa portion o'rthe:Reinvestment Zone, as provided for herein, and - . ~ ..' .. -' -. . . . - " . . - , . . .. ." ,- . .-.. '. , " .. -. ..-. .. '.'. ,... . ... ": .'reah~state sittiatedWithinthe City, fost~r increased economic activity within th6City, increase :,. ,. ,.,. . .. .. ,einploymentopportUnities within ~heCity; upgradepllblic infrastructureWl.' tJlin the ReinvestIIlent- . . - - - . . . ... .. .... .' -., ..... :.... , .,' ". '..;Zbne, andothe, nylsebeinthehestinterest oftheCity'byiurthering.thehealth, safety,rhoral... s,and . . . . . , .'..: - .. '. ... ~ . . , ,. . . - . 'welf~eofits residents: andt(iXpayers,and thai eIlteringil1to this Agreertient isnecessary and . . . . . ,- .. ... AGREEMENT FOR REDEVELOPMENT SITE NO.-t : PAGEJ C:\Forms\City\redivelopment4ftLagmt.wpd dak 1/16(01 conv~nienfto implement the Plans and achieve their purposes; and. ":toserve the needs of the City and in order teproduce intr~ased taxrevel1uesforthe various .' . -taXing units authorized to le:VY~aXeson;real ~r6peity within the R.einve~tn1eIlt Zone and th~City'. . . . . . -. . '." . . "'." ....:ahd, inorde,r:to stirnu{at~ andindut~ the rede~el~pment oftheReinv6stmentZone,theCityhas' ". . ,.. .. '. '. .' .,."... .. . - . C~1\rqw, THEREFORE;. for and in consideration offueforegoingandofthemutual.... ~ . .', agr~edto_ pay certain P,rojecttosts tl1roughpropertytax increment rev~nues;al1. inaccotdance-. . With ~e ternls andpr~visi~ris of the Ac~ and this Agreement. <;'-C9v~nant;;ID:1d agieerrierits cOIltained herein, a:D.dothergoocl and~al~ablecon~iderati6n.;tl1e ",' " . ~ - . ..: - . r~cdPtarici'sriffi6ieric:Y-oi ~l1ich is. herebyacknewledged, the Parties do hereby 'ci!iee. asfoUowsf'.. .; . ". - . . . ." .," "-.' . . . . . . . ..' . MutualAssistance ... . . . Incorp~ration of Recitals. The'representatiol1s,coven~ts and recit~tiofis' . setforthiri. the foregoing recitals ~e material to this Agreement and arehereby'incorporated~(L ... '. :niadepartofthisAgreement :isthoughtheYWere'fully setforthhere1l1,,' .. . " . ' . ..- - . '. , ".. - . '. -' -' . . . . ..... Co(we~ati?n. The. Parties. agreeto take such actions, iricliidi~g the'. . ~ :~ -'.: t. _' .. ....~xec~tiohanddeliveI)':ofs~chdocum~nts~ii1s~ents, petitionsandc.ertificati()rls (~d;inthe ...... ..Cit)r:s case, the ad9PtionQofsuchordinances arid resolutions), as may be necessary or,appropriate,'" ..., .' '. - .'. . '-- from time to time, to. C(Ul)'out the terms, provisions,. and intent of this Agreementand tb aidaIld'.. > . assist eacho'ther in carrying; out said terms, provisions and intent. - . . AGREEMENT FOR REDEVELOPMENTSITE NO. 1- PAGE 4 . C:\J<orms\City\redevelop.ment4rtf.agfilt.wpd dak 1/16/01 . The Project. DevdopershallconstructtheProjettill substantial . . .. ". - . .'. ." .' . co.nformance willi theConc~piJ)lan., The Ptojedmay b~ con~triicted iIlph<ises atDeve~oper;s, . '..sQ!e~iis~retion; provided~hattheDeveloper shall co~ply With all applicab~e ordinances of the . .. , ......4:2. c' ... Publiclinproveiti~rits.' The Develqpershallconstructthe Public.. . . .City,irichiding, '-Vlth61.111jmitati6n; thePTJDzoning'ordinance gov~mingtheProject.. . :, ".' -".:' .' - "." . '-". '.' ". , -". "'" . : ".' -...". . . . ... .~proye~ents~dpayth~ cost of suc~'coJ)struction.. In constrUcting the .Public' I~proyeri1e~ts, . ":. (', ......... .theDeVeIopershalicomply, wi!hall fequi;e~eIitsandtake. atlacticHl nep~ss~. ~o insure, the cost . . ..' -". .' - '. .. ". '.' . . - . .".. · . .of the }>ubHcImptO"\lernents are proJect. costs reimbt.rrsable ~der' The Act: The ~ Cit)rshall.' ...:-. ...... 'c6operatewiththeDev~lopei t() iIlstir6 :(J.lI.... cos~ of the PublicIriipro.vemehts'are reimbllrsable. ..... . '. '. .. -', :.". Developer and itS 'designees access toe~able construction ofihePublicI~p~ovelTIents. o. .4.3 . .'. CitY_Appr~val.~Priorto thec'onIDierice~en(ofthe construction, the . '~. ~ . . . . - . . . . '., .". . .... .' 'apProved by the City. :. . - . shall mean and include all costs defined as Project Costs in Section 311 .002( 1) of the ACt as now . . , (b }Increased Ad Valorem Tax Attributable totheP~oject. . . . .. , .. . "of tbisAgreemeht~ "I~cre~ed AdVClloreruTaxAttributab.leto the Project'; shall mean the . .. ..-', ,- . ,.... .... . -- , ... ain~ur1tcalculated by deductingthe certified taxable value of the Property for the pUrpose of ad . . , - valorem taxes oriJ amiary.1 ~ 1999, froI1i,th~certified taxablevalhe of the Property fo{ the purPo'se::.:' . .... -. ~. . ,-. . .' -. . .. . -. . ... . . . .. . . '. . .. . -. - .'- ...... ~. '. . :. oHid ~alon~in taxes foreachstibsequent year~and ~:UltiplyingtJiatarnouritbY the co~biriedreal; .'. ... . ~ '. . . . . ":PJ.:opertYt3xrateestablishecl by the' City of Coileyville,TarrantCounty; Tarrant County Hospital' ."" . .' '-'.' . .' . -- . ... '. ' ,- .... .' ....'... '. '. . .: :' '. ..' . , ." ., pistrict;and YaITalltCoUntY CommunitYCoUegeDistrict for the 'appiicabl6TaXY ear~ '.' '. .:.... . . . . ...., .... .,.......- ... " '... ..-- . . . '. .. .' . -- .:(c)..lr1creased GCISD AdVaI6re.rnTaXA~butable t6theProject::FoI"the. ..... - .. . . ' . - .. . . . '. . , .......purp()st.ofthisAgreenierit~<<InCreaSed GCISD Ad'ValoremTax Attributabl~ to.the Project"sh&l{': . - . . . : ." .... .' . . '.....' ,'. .. . -. . . ., . . '. . · ..... mean :!h~ .imOUllt c~kulatedby deduc~ingthe'ce~fied taxable value of the Pr?perty tor the".: . '. ....pUtpose of ad 'valorem taxes Ol1JailUliIY .1, 1999,:(romthe certified taXableval~e of the Property .' .. "..: rearpropertY.tax rate established by the Gnlpeviri~-ColleyVille Independent School Distri6tfor' . '. ' . '. , .... theapplidlble Tax Year..' :. ... :-' -'.'.', . . .. -- -' -.' , ,'. .... ':'. . .cd) DSCI Threshold~' The term "DSCI Threshold"mearts each Tax Year In , · ..... :~hich'dlelncreasedAdV~lbrem Tax Attributable tathe pf(>perty exce~dsth~arnouniofthe. . . .. . - . . . ..' annual debt ~ervice (prindpalalld interest) on any bonds.. issued by the City to pay for the planried ....... ., . . '. , . . . ;::;.. $645, (jbG. 00). . :.,. .... ,:' .. '". '. ..... . - ." .OctoberJ oreach.year to September300f each year.. ~" .". 5.2 .... ". ." .. . . . "... :.. .' . _0"' . . . . '.. ::. .sli~jecnothe follo\',Tingconditions 8Ildlimitations::...' ..' ,. . ". -. ,', .".. . '- . . '. '. . (a) All RdmbtirsementS P~Y11l~nts'shalrbe'froin'.tlieTaxJncten1~ritFlind'; . ; . '.establisheq p~rstiarit toSedion31i.0 14 oftheAct., "" ". {bY The total ReiIllbUrsementPaym~nts to the' ne~doper shall not ~xc~ed>. . --, . . ..$7,500,000.00. .' . . .. . Deve1ope{sha11be equalto Cblit shall'IlOt exceed) the sum ,of the.IolloWing:,. . . . - .' .' - . . , - . ". . , ." '. . . '. . . . '.' - " . . . . -. . (i) SixtyPercent(60%)ofth~ Increased GCISD Adyalorem Tax . : Attributable totheproj~ct~ntiisu~Jj t~Il1e as,th~ ProjeCt reach~s theD*~I Threshold, after ~hich;. '. -. ' . . .., ,.time the ReimbuiseID~IltPaYmen~:willbe increased to seventype~cent(70%)'oftlie~ncre&sed .... . . " .:." '. - . . "."'. - "... '". ..' . . . ..r . ~ ..' . . -.' .. . . GCISH Ad Valorem. Tax Attributahleto the Project. The City's obligatibn.topayany.amolint . .. ."... ....... . . . calculated upon apercen,tage.oftheIncreased.GCISD Ad Valorem Tax Attributable tothe~'. . AGREEMENT FOR'REDEVELOPMENT SITENO; I-PAGE7 "C;\Forms\City\redevdopinent4rtf;agmt.wpd dak 1/16/01 - . " . . , . 'T8.xAttributableto the Project shall neverexceed the amount actually received by the City ~a .. .., Collt~piilelndependent SchoolDistrict Iduses,orfails tQpanicipate iRtheTaxlncremeht. - . - ...... . . '. ." ..: .-.. .'- ", ." ,". : ,Fi~ancingDistric~estiiblish~dbythe c.ity pur~uant to, the Actand applicable to the Propert)T ,'during a T aX.y eat, then the CitY shaH; pay Reimb~rserri~ntPayments to the Developer front the . ' -,. 'Ci.o/'sRetainedTax Fund, C1Sdefi~ed in Se9t10ll'5.2(e)hereof,aShecessaryto pay the Developei........, . . . - . ." ...up toan,amOUIlt yqualto.70%of'the IncreaSed GCISDAdValmemTaxAttiilJutabkththe' ProJeCt~I)[Qyided. tl1e'p~ymentsfr6mtli.~9ty' s Retained Tax: FundshalfIJ.ot exceedth~amouni c, . st~te sales tax. haS b'een paid'for bu~inesses operatidgon the Property after the- eff"e~tive<iat~of; ... . ." . .... ..". ' ..' ....- ." -.". .-." ,. .-' this _Agreement, providedho.wever, thafsuchamoU#fshaH never exteedinany Tax Year th~ " -. . . - .". - .'-.' -.' - . .' -'-, --, . . . VO.;. . ,. .amountreceived by the Cit;andflot pai<:i t~ t~e Developer from the increaSed GCISD Ad' .... .'.. . . .. . - .' .,' Vai()rem T<ixAttn~uta~1~t6 ilie~!oject .as.S~t(Hlt inSubs'ection. 5 .2( c) (i). .. The City agrees to ..... ....:;r~~hapiycboperate ~ihrievelripe~iI{verifying the am6l.lIItdue under this paragraph.,:p1llS... . ,." . -: :. . '. . . . '. .... -. ";.-. .' . . . - - . ' .. (iii}After such time as. the Project reaches the DSCIThreshold~ . n .. , . ,. . . ."'~ . . . . . ." . .." ". . . . . - . iseventypercent (70%) of the ~creaS~d Ad Valorem Tax Attributable to the PToject~ ". '- . - ..iTax ..~tirib\l4bretotheir6jectartdthe IIlC:reasedAdVa~~rem.Troc Atlributable,to the Project',l1ot,'. ""':. '. otherwisep~dt?'t~eDe~el~pe~. tJ!lde~ .Secti~~ S.2.hereof (tl:1e".~City's Retained;Tax Fund");.Jhe.' C~t)r~'s:Re~ined.raJSF~mjm~yh.~ us~g .by the~itytol) p'aYin<n;ytax year the ~ual:de1?t ...... , . .' . ~ . serV~ce(prii1cipal: Lllld interc'st) on the)3ohds,.i)to p1ak~priIfCiplepaymentSonthe B?IldS, or.3},.: . '. _' 'M' -,.., '. . -, - -'. :.... ..... '. .' . .... --'. . " ..; '.' '.," . . . . . . . . :".. I " ~. . ,; -'.' amniaLdebtsei-viceontlieJ3()nds for the. n~it Tax' Year and shallbe. deductedfromthe.anIiual . . . ..' make paYlnen.tst6 the De~~ioper~alled. for in paragi-aphSs .2(c)(i}and (ii) hereof,... All. interest ...ear1led6nth~ tity's~~~1F"!,~jnar~~e~ SIlaUbeap~lied\Othe:ayment6fthe;. ............. .' "':'" '- . . . -' '.' :.... . "" '. . .' - . ...- debt service for. the'ptirpo~eofcal~ulatioIlof ,the D SeI Threshold,fbrthe'riextTaXY ear. . . " '. '" '. .... . '. .... ., "-., ..' .' ,. ..-. ..,': :.': . . '.":.. .... .... . . .'... . . ::Dat~:ofReirn.butsement~PaYIllents and Termination.. . ......(a)Th~.City shailmake.the.first paymeIitof~ccnied. Reirnbw-semed.r .... . . ,"".':-'.-. '-.-': ..' ..-'.... '- -" .'-." .,' . .'. ':..Pa~ent$!~the p:~v~loperon-thept dar:',Of:~pIji,2:00L ..Additionalaccrued. Reimbl.lrs~rne~t' .... . . .' .. . . ..Payn1~~trshal1bertiade i~theD~velo~e~~llaIlyonth~s~e~(lYinea~h successi~e year UIltiF .... ...., ; ... teffiiiiulti<?Ii pur~Uanrto 'thepr:6visiol1~ l1er~~I., .. . . "-. .' . . . - . . . - . . '., ..' .:.(b)The D~veloper'sright toreceivereim9l1fSemeritpayments under this, Agre~m~I1t. '~h~Jl' enddnApril '2,2014, andnqfurtllerpaymentsshall be fi1ade to. fueDeveioper. ..... .'- - '. .' .' - '. . ..(a)TheCityherebyrepreseritsand ~arrants tOJ)evetopef.thattheCityh~... . : . . '. . ...... ;fiill consfi~tionalanc1lawful right~ power 'andauthority,un~er cUITtmtIyapplicable ,law,to:: ' ... . -. . . . . . . '. . .'. .' ~'. " ..' .. . execute anddeliyerandperfcmn theterms andobligati6ns ofthisA~eement,and~lloftb.e .'.. . '.f~regoing have been orwil~be duiy and Validly. authori~ed'aIldapproved by all nec~sarY citY,. " ..pr()cee4ings;~~tidingsand. ~ctions. Accordingly, this Agreement constitutes tlle1egaJ.,valid 'and. ., , .':<'~'''1Jindirig:bb1iga1:i?riofth~City~ is enf~r~eable in accordance with its. tenll~ '~~pr()visionsarid ',':' . . . . . . - .' -' .,~. ...... .' '. -. "- . . . " . .' .' .' ..... AgI"eenieI1tco~stifut~sthe legal, yalld and binding obligation of Develo~er, ~d.is enforc~abl~iIr: . .' : ' .... . .. - ." .'. -. . '. "',\loesnofreq~ir~ the~onsent of any ()ther govefIlII.len.tal authority:. . ", - . ' .. ''';i:' has full Ja\Vfu1 rigl)t,p()wb~cu1d'authoritY to. execute"irtddeliver.and.pedorihth~~terins arid';:'. . . .... ..... . ,'. "obliga.tions oftlusAgteem.en.(aIliall of the foregoing have. been or will,be,.<:luly ancivaiidly" . .....,. '. .... :. . __.._ . _ . ...., ". ' :. . '. ..' .,W' . ..' .'. .. . ~uthociiedarid approveclby 'all necessary actions of Developer.: 'qonqrrrentlywith J)eveloper',s .... . .. .' . . -'. . . .., -. .. ',. .... e}Ce~utibn'()fthis Agreement, Pevelopefhasdelivered tot~eCitycop~esoftp.~r~solutionBor. :' . '.othercorporate actions~uthOfizing theexecutiort orihis Agreenientand~viclenGingthe~\ltlio?ty'~,: ,.' ... ' . . ..' '. '. ~. .... ." '. -- . . . . . . . '. .'. ..'-.,. .. ' ..... ~. '.: . . :".of.tl1~.~er~(m,s:sigIlingthisAgreeIll~~t.on behalfofDevdoper:todo sO....A.ccotdmgly~~s.. '.. . '. .~ . :. . '. . . .' ~. -. -' ..:... accordancewithitsJerms and provisions, . . . . , . ~ . . . . . Authorized Parties. Whenever underthe provisions of this Agreewent and < ....' ~'.' .. {'successful perfonrianceofthisAgr~em.ent requiresth~ii continued'cooperatioIl. , ,.., . . u. .".. .. . > " -' ., . , ,.. .',. ,.' . ' ',time periods provided for in this Agreeinent.shal1be delayed'duringany pending orthreateried' .' " '. - -,... - ..' .', . . . . - .- - . . - . . '. '.. . . . - - . . ", -. '. ". .",. ." . . . - .. . . . . ."' '. ,".."." . -.'. ". -. . . . litigation that would affect the ability ofthe City to reiinbursetheDeVeloperfI:om the Tax .' . . .' . - . . . - ". . . .- '. IllcrementFund.aSprovided hi Secti<;m 31L0140fthe~ct. .8.2; .'.,. -.-.." "'," ..", '. . . . . .. . - '. '-. . . . , .". . . . ." . .... . '.:;'be deemed abrea~h her~llnder) i.f suchParty.fails tomaterialliperform, observe orcomp1iwith:,u .. . (a) A Party'shal1.bedeemedin default und~r this Agteement{which shall; :al1y'ofits covenants, agreements orobligations hen~und~r6rbreaches or violates ;;iriy of its,., .. '. ", . ',. '. " :" - " " .. . . ,.' . . ." .' . ". - -.. . .:. Party~ithinihirty(30) days of the receipt of such notice, subject,'how~ver;to1:he terms an.d' . . .' '. . , -. '. . . . .. . obligations under this Agreement shall be deemed to be a breach ofthisAgreement, the party claimingsuchfailme shall notify, in writiug, the Party allegedtohave failed to perform of the' 'alleged failUre~dshal~ d;maridperforinance.. No breach ofthisAgree~ent may befolind. to-. .' . -. . . - . . . . . . . '.. . . . ..haveoccurred if performance has commenced to the reasonable. satisf~ction of the complaining . ... ..' -". !., "'. . '.- ".: :. "'- ....;.. '.:,.','. .' . . . ::,prov,isionS. o.f Section 5;~(dr Upon a breach of thisAgreement~the non~defaulting Party,ln any... courtofcompetent jurisdidion, by. an action or proceeding atlaw orin equIty,' maysectrre tlie..' '. . - ..... . .... - '. - . . . '. sp~ific performance ofthe covenants.and agreements herein contained,inaib~a~arded. .. ,. . ......,darnagesfor failureofperformaIice; or both.,No actiontak:eriby a Party pursuant t6 th~. 'relI\~d~es ~et forth in' this Ag~eement shall be; cumulative andnon~exclusiveofariyqther.~etnedY eith~r setfqrth,herein or available to anyParty .at ,lawotin 'equit)r: Each ofihe P~iesshaIl have.: ". .. . .' . . . -'- . . the affirm~tiveobligationto tnitigateits dainagesin the event ofa default by the other Party. (c) Notwithstandiilg anYthing. in this Agreement which isor~aya:ppear to'< .... ., -.. '9~ to'thecont~ary, if the performance of ally cbven.mt orobligationto; be performedh~tetffiderby_ .. ... ....anyYiirty isd~l~yed..as 'aresuitof Ciic~rnstances.whiehareb~y.o.n.d thereaSon:ablecontrblofsuch.;. .}>'cU-tY'( which circums'tances may' include, without limitation; pending o~' threatehedlitigat.ion;acts' . - ..of;God~ war, acts of civil disobedience, fIre or other casualty,; shortage of l!laterials~ adverse. . . weatherconclitlons(suchas, by,way o{iIlustratiori arid notliniltation, sev.ere rain storrnsor below - .. , . .' . '. .... - . - . " '. '. . - ." - -' AGREEMENT FOR REIrEVELOPMENTSITE NO. I - PAGE 12 C:\Fonns\City\redevelopmellt4rtf.agmt.wpd dak 1/16/01 . . - .' . . . . . '.. .'- - . . -. . .. . . . - . '... th~seven\7)days after the claimingPchty becomes aware . of the same, and tIthe claiIniilg Party ..' .' fCiilstoso hotifytheotherPartyofthe occurrence 'ofa "fotcemajeUre'~eveiitcausingsuchdelay;.' :.~. . . .. .. . ..... .' - . . - ~. . . . ',theclCl.i~irtgPci.rtyshal~notbe entitled to avail itself oftheprovisibns for the extension.of .';:. .';. TIlls Agreement, arid arty exhlbitsattacqedhereto, maibe~ . -'.' :..::'. .'::'.;; , .:: ".' ;":'-.. . :.'. .'. . ,. '. .". .' ;..' '" '., - - .-; ,.. " . . ....,..... :,' ',. <UIlende~onlybythe:Tut}lalagreement'<?f t?e Parties 'evidenced bya ~ittenamendIIlent~ ~y -the(: ....., > . aclQPti6n;ofanord~nanceb~reso1llti()ri 'of the City approving such written arnendIIleilt,as ' ,:: .. . . ',-Provided by law, ~d by the 'execution of such written amendffient by the Parties or their .'.: .......: .. ... ..~A.gr~IIlerit)$e~f()rtl1 all agreements; understandings and covenants. betw~e~~Md 'arP.ougti1e :':< . . . . ". ., . . , - . . "Parties relatiVe io.'the ~attershetein contained. This Agreernenisupe~edes all prior a~ee~ents, .... .:'negotiationS ahdul1derstaiidings~writtenandoral,alld sh~ll be deemed:full irit~gration o{tlle' ~ . . . . .. . ........ . -. -' . ,'" .. . entire'~~eemerit oftlie Parties. . . . ., : - . ..::.,>;. .:,., . ..;,:' shall not affect the application or ~~lidityof arl)' other prOvisions, covenants, agreemenlsor. portions of this Agreement and, to that end, all provisions, covenants, agreements or portions' of '" <'.~' . . "personally,:'with a' re~eiptTeqtiestedtherefoi; orCii) 'sent by t~lecopyfacsiin'i1e;'or (iii)s~nt by a', .. '. . <. '.: . ':-;.' . .' . ' ... na.tio'nally ~ecQgniz~d'~verillght counecser\ri.ce;or(iv)deFyered bYUnit~dStatesi-~gistered, ~ot,.' '; . ."> .',.' .:' .' ,.' ". " .:.:. ".."~ ..-. ~ .' . . . . .,. :,ceitifiedm~il;; r~ttini teceipt requ~sted;postage pre~aid.An'iiotices shaIlbe ~ddress~dtothe~, . .' '. " '. ..' . ..' '. - . "-'. . -' .... . .' '.' .' ". . ~... .' . . , .:,~PIDiiesatth~i/reSpet~i-v.e ~ddressess~t f6rthb~low;:arid'shallh2 ~ffeCtive (a)up()h,feceiptor')d':. ,'-' , '. '.- ! . ." ~.:, ~ ': . . .~ .:, ,'. iefuS~llfdelivered'perso~aI1y o~ by 'tylecopy facsllnile;'(b). o~e (1) business. d<iYafter,dep~siting . . '. ". ' . , .' ' . " ','. '-' ...-. ..' ".,.'- - ..-.' . ...:...... .' . -". .:,...... .':' .' ;;. -. ~ . . . . - . ':. . ,. .' . . . '~~ith.SUCh~.Oy'~ght~d~ir servi~~;~r(c }tvlO (2~'bU~iriesS:daYS,~fterde~6sit~~_the'l!nlt~d', ," ~ .,. ,'~ '. ~. .:.' each of which sl1al1 peanori!~inaran9 all of which shaUconstitute,but on~ and th~ s.an1e .... . . . . '. " . . . . . 'agreement. .. 8.9 . . ..,. .' . " . .' ';.'. (. . . ,., 'riot be reco~?~~ ~fuout the prim >~ritt~I1 consent of D~veloper. ,-,..' ..' '. .:8.1 0' .Co~s~nf6}Appro~~L.. Exceptas'otherWise pro~idedjnthisAgreemeri( . . . '.' ";' .: . .' , " , .': .. .' . .. . . '; . . '. .' . " '. - '- -, .' .' . '. - . .'"- . .' '. : "" . . -:- .'. ~: . - ' " ~,.-: . ,. .whenev~rc6nsenl o('approvaiof ~ither Partyisreqtiiied: :;;uchcorisent>~r approvalshall,ri6t be> '. ',. --' .... . . . -...., '. '."':- " .". .... .' - " . ':,' 'uirre(l$onably withheld_ .. . 8.11 Intetpretation. thisAgreernent haSbeenjointlyn~gotiatecipyt1ie'Parties: .. . . ... ,an(lshall pot be corisirued against a PartY because that Party may have priillan1y assiirrie~f": , . ". , . responsibilitY for thediatGngofthis i\greerri~nt . ..... .. ,... - ,..,.. ,-.' . ,:.', " . .' 8.12. .... Exhibits.All.eXhibits.~ttache(t4~r~io aredeClated to be'aparty of this. .'. . . .' ,'. . . -. .' '. Agt:e~menfand:are incorporated'hereinby thi~reference7 :.......' '.' . 8.13 . ... AsSign~1Jility. The rights and ~bliga.tionS ofDeveIQpe!h.eretirider maybe: .' '. "assigned in ~holeoriIl part at any time by Developer to ~affilhited e!ltit)i (an~ntity .whic~ ." . ,--' . ". '. . ," . " Ilibhard Myers~ontrols) without consent by the City, and t~) a non~affiliat~d entity orily wi~ the .. . .. .' . . CrtY;J'~L~ Donna Arp, City Mayor' <,', , , Pyi1t~a Singleton, City . t._. APPR.oVEDAS,TOFbRM:. . .".". . "'. ~~nreY " . . ExhibitA-1 '.' M~. ~tt..t:'~~PrtJv.~.~~vino, .dtai~ge.. .... . utilitifts'; sionage. str.et lighting;landsca - ; ;etC. Chun::h Street ImjJro~ments - pav.ir:wg~ dnIiIlage. . . . Ut;i-rties. ..traffic aianaJ~&igr'taae; stnIta~ fighting. . land$caina etC... .. .. . .'- '. DowriJt)\'vn Area.lm~vemenu ~ .b..etS.land. . Public 'p8ricing.bridge ~~:sidewaJks.'p~nii1p ... and engineenr:ta.iric. '. . \ .". Riv.rWai.~Dri~lmpioVe~.,nt. -pa~iitg~'d~!1l1ge.: . utifrties; sigrillae~: meet lighting~ laridSc8 - ir:ta. irtC.. . 'BI~~bon~etRoadll1lpf~~~ .~.. p,Vi~g:' d~B~n.oe. .'litiliti8s~sianaoe~atnit8tliahting,llIndscapina. etc. : .,. '." '. -.- ". '. - Bogan R~ad~l~prl:)v8rriBntS~. pavi~g' d,.:ain~a~. . Uoiiti"s,sionage, str~et lighti~a. hsndscapina. en:.. -, T,"ker~ruier.E Int1lrseCtionj~Pft)ve!'llentS- Pi!ving, ~",inage.. Utirrty .ad;ustJnents. signaae~ . . . ....". .~. - . . str:e8tlighting, traffic sianal,landscaping~ etc.: City Hall Plaza ... .. Public Parking Structure Storm Water Detention' Library P()lice Station Fire Station" ... PublicPBrklng Lots. Land. and Engineering . School Improvements .'. . Professional'services - engineerino.planning. . . . . " . . . ".. in$P8C:tion;testing.etc~. . .' 220,000 .3.500.000 2.734.360 . 2~120.960 200.000 1,740,000 1,500,000 , ..~ . 1 ~4:9J.500 . .3.011.180 7,938,690 . .'. QJ .' '. ,;....c .,;....c . e~".~. ..... >- ... .... ",... .~.;,.. "cu..o ,..;...c.. ',;...(" 'e .0<.:,.".../ 'c..;.e~ ...= ~:,~. ..~....,.. . N '.Q)' ...."e. . I. ...~Q). <(.... .~..~ . ....~....U-- ,.,;....c ..- <1); ~'...., e.JIIII( .. .. pIIIIIIIIJ ~.'O..; / .~. <1). ,.." .~.'........~.... 'H '..... ~ " '. . .. ,:~,... <......,..~ ,. n I ,; ....... :::l o "'C _.. 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"=> r:-...: ~~:..~ -0\ o. - .:.-:"- N _<,~~..m_~_km_'~"'___'_~;"~"__'-"'____ -- .., . ,'aeing~a tract of land sltuatedin~eBtitfalo Bayou, BraZos and Colorado Railroad Survey, AbSttact -" . .....No.206.. city Qf Colleyville. Tarrant County; Texas, saidtTact oflandbeing all the tracts as d~ed per Warranty Deed to Village MontiCello Pal1neis~ ~td.as recotded in Volume 1~733,' Page ~S9, . -Volume '13733,' Page 361, and Volume 13733,- Page 380 and also a portion Of a tract deeded to . '. 'aran'sford Park and Land Trust as recOrded in Volume 1Q461 ,Page 1250 and Lot1;BloCI< 1;..1$1' City Natiol181 Bankof Colleyville Addltipnper plBtrecorded inVolume 38~ 182, Page 81, af)dall of,> :. .' LOt4-R, Block 1, _Crossi09atCoIle}tvilleasrecordedinCabinetA. Slide 1397, all as.recordedin the':;';' '. Deed Reco(dsOf Tarrant County, Texas,said.trilct being more particularty described bymetesE.'rleV - .' . ". .bounc;fs"as.fol-loWs::.. ".' ."" . ;r.," .. '. ....? . . ',.. ..'-':SEGINNiNG at set 5/8 inch tapped iron rod'.(BHBINC)on. the Nortl1WesiertYR.O.W.-lin~:':or' , .. ..' ','::ColleyYille Boulevard (Grapevine Highway S. H.26)' also being the-most. SolJtherty comer ,Qfsaid ~'.. . .'" l<>t.t. 610Ckt;1st CitY National Bank of Colleyvifle-Addition:also beirig the~ostEasfertyNortheast:' :::. :.:,"~r.Of crl0footRO~ W. deejiCation a~shoWno~KrogerAdditionper plat record~in CabiriEtfA, . ""$I,~~e;1.~z.~ofsaid Oe~dReCord.s;.. .' . . ......TH~ENQ~ - ~', . . . ".' . . .. 'Nor-th60 degrees 43 minutes 22 seconds ,West, along the .common . line of said LQ~1 : 810cl(1, 1 stClty National Bank. of Colleyville Addition and said Kroger Additiori;a-.; di~tante of 41S]O feefto a set 5/8 inch capped1rPnrOd forthe SouthWest cOrn~roro' . :.said Lot 1, BlOc\< 1,15t City Natiohal~an\<. of Colleyville Addition; · . . .." . . ..' . - - . ..." . -. ~ .' ":THENCE .... North OQdegrees 14 minutes'4.7seCondsW~St,coritiriuingaiong saidcoinmon line; .' , .,. ... ...'. passing a found. 112 inch capped . iron :rOd (Landes) at 0:70 feet,C9ntinuing" fofa t.otal' ..,. . .'distance of 199.73 feet to a Jound 112 inch.Cappedifun(od(Everag~)being the most.'. . " . . .eastertysoutheast comer'ofL6t 4-R, BI0CI<1 ~:Crossing at Colleyville, Phase II per plat . . . . '. rec;:o~ed in CabinefA.SIi~e13.970f~ai,d qeed Records;. ".:,. '" . THENCE' : North 89.degrees.29minlrtes 27- secOocfsWest,alongthe'soUth fineot'said Lof4-~ . . ':,'.:andthenorth line oftot1.Bloc\<1, of said krogef Addition. a distance of 375~Oq fe~t.: .. . . ' t() ~Jound1l2 iocti capped iron rod (Everage): ' . . . V". -. . ." ". '. . THENCE: .South6Tdegrees27 minutes 5Z,secandsWest,eontinuingalOng the common line of .' .,.. ..., .. said Lots4-Rand said Lot 1, Block l,KrogerAddition, a distance of 145.44 feet,toa. .. .... ."s.et 5/8 inch capped iron rod {BHa INC) being the Southwest comer of said Lot4-R.. .. ., Bloc\< 1, also, being em the east line of Block5,Crossingat Colleyville asrecord.~din _. GabinetA, SIicte1397 of said D~dRecords; . '., . . " . .....,' ,'.>3THENCE ..}'-!6rthOOdegree~ 07. minutes 03 seconds West, along theCt?mn'-o~.line of said Lot 4-/, . ..R; Block 1 and said East Iirie of Block 5, a distance of 310.36 feet to a point being the,', ..northwesteomer of said Lot 4-R. Block 1. on thesouthR.O.W.line of Forest Oal< Lane ". {a 50' RQ~W.}.fron1saidp()inta found 112 inch iron rod bears North 03 degrees47 minutes 52 seconds East, a distanceofO.74 feet; . -~~--"._~-~,,_."'""""-_.~ --.__._-".._-~"............-~"-----------~------ - , . . . . . . . . . . . . . . '. . South 8S degrees 4 7 minutes 27 seconds East. along the north line of Said Lot 4-R, . Block 1 and said south RO.W.line. a distance of93.80f~ to a found 1/2 inch iron rod; . ,:.:. . . - . .. . . . . - . " '. - . ,,--'-'.. ". . . ...... . South 89 degrees 29rninutes 27 seconds East, .continuingaiollg said north lij1e of tot · 4-R, Block 1 and said south RO.W. line, a distance of 415.08 feet to.a found 112 jnch,'" iron rodt)eing the northeast cOiner of ~id ~Lot4-Ft Block 1> " ,':,' . " .. . . .. North 00 de9rees14 mlOt.rt~' 4'7 seconds WeSt~ along the west'line Of'said Lot l,Bt~l( ,1,lStCity National. Sank of ColleyviHe Addition, a distance of SO.OOfeettoa'{otind 112'. inCh irtinrodbein9 the nqrthwestcomer of said Lot1,.BIc:>clc 1,1stCity Natjc:mal~anl(. .. ofColleyville f\ddition,.from said found 112 inch iron rod a.foundJI2 inGh ironnxfbe~rS'.':C... .. ,South 07 deg~s 35 minutes 19, Seconds East, a <f!Stanceof 1:61 teet; '. . . . . . . '. -." . (. .' .." ..-. .'. .". . . ," ," TKENCE .. North 89 degrees 29 minutes 27 secoridsVVest, leaving said comm.on'line ahd:'aloflg.;.: ." ~he:North R.O.W.lineo(Forest Oak Larie(c3 rlfty~~.R.O~VV.),. a'diStance"of114.67'. .' ... <feet to af()l~ridl inch iron rod being the Southwest comer of Sa.id. Pettytrac::t~nd' also.,' " ...... . being 1heSoutheast c:Omefof a tract deeded ,to Bransfordparl< LandTrustasrecordtid< in Volume 10217,~age 2222 of said QeedRecof(js; .. ..". .. . ..." - : .". . ".THENCE " "0" . . ... THENCE' .. North OO'degrees~9minutes26secOrids EaSt,: aIOrlgtheWest'iifl~Of s,aid'pettytract. , . .... .... ..andthe East line of said SransfordParlcLandTrustas. recor:qed. i~\,oiullle102.17;. . Page 2222, a distance. of 362.76 tootto afoui1<:1112'inctl:~Ppedjron:.rod'(Lilndes) ,.. being the Northeast cOmer of said Bransford Park lJIndTrusUract arid ~ls().beingtl1e~' South~ast cgmerofLot 2, Block 1, City Park Adc;fition. per pl8tre~rde~..inVolume '- 38&-210, Page 94 of said Peed Records; . , . . ' . . " ...... .',:';" - ....- ,-. - .".. ..-THENGE NorthOOdegrees()7 minutes 4~ seconds East:' atong theEastlineCrl"~a!dLof2. Block. .'1, City Park Addition,'a distance qf 354,80 feet to a foun,(f1I2irich..ca.pp~. JronrotF . : (Landes) being the Northeastoomerof said Lot 2: Block l' i?lls() ,being the Southeast .. "comerof Lot'l,'SloCK 1, said City Park Addition;" ...... ., , '.. ':.: ';tHENCE .... N()l1h oO'degrees 05~inutes 40secondsEaSt. alpngthe.E~lin~ Of's~id L~t.1.Block . . . ..' ~.' 1~ City Pari< Addition, a distance of 5254feeUoa point, from said,poiptafouMd .1/2' '. ...inchirorr rod bears North 89 degrees 56 minutes 56 seconds East; adistaflce 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 aJongJhe North line of said' Veiiie L. BfC)wn 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, adistance of 919.61 feet to.af()und .. . 112 inch iron rod on the establishedWestR.O.W: line of Pleasant Run Road; South 00 degrees 19 minutesSSsecondsVVest. .....albng ~aid~$tablished West R(),W: line of Pleasant Run. Road thefoU~wing; .. ... South,OO degrees 06 minutes 54 seconds East, a distance of. 10R15 feet .to.~. f(}i.md - . . - '. .. 1 inct) iron pipe; . . . . ..... .. .~.~~.._-_..............-"-"~'- "". , "- .. '.- THENCE . South:OOde9reeS 24 minutes 11 5e~dsWeSt, a distance of 284.22 feettoafOl.i[ld . 1H inCh iron. . ~ ~il'lg . ~e.. Northeast comer of a. tract d~edto Anthony, TimothY.. ..... , MCNoskyandVivian D:Mcf'Josky as recorded in Volu":le 678~, Page ,5{)3 of said D~d.. . '. Records; . , ',. .. . . '.. . . ..THENCE ..... South'89deg~s 57. minuteS 17 seconds West leaving said establishedVVestR:CXW: ; Iineo(Pleasarit ~UI1 Road and ,along the J\Jorth lilie of Sai~ McNo~ky tract"a di5ia~" . ,... ':of 215~21feet toa found 1 inch iron rod;. . .. , THENCE South 02 de~r~es28n1inUtes 17,seco~ds.. East, ' along the.. common "lin~__OrSaJd.. '. McNclskytJ:ad arid ~ !>t'Gity.:NBtionaIBank ofColle}tviUe Ad.dition,adistanceof.156A9 .. '.... feefto'afollr)d112inchi.-Qn rod;.- " .- . .. -,' .'. -. ""'..~ . " '." . . . .....:.iHENC.E . North. SS'9egrees :'~3 minutes 1 Osecorlds' EaSt, co(1tinuing. along saidcOmmon.line. c{' . . .distance.of 2$0"1-3 feettoa toul1d 1/2 inch capped iron .rod(~ncf~Sronthe.West ... . ... c R. O.W. line of Pleasant Run Road per 'plat of 1st. City National Bank" of :Colieyville .. Addition, fromsaidfound'112. inch. Capped. iron rod (Landes )a. founc.1.1/2 'inch iron rod_ bears North 88 degrees 33 niinutesl0secondsEast,adistanceof15.00feet; . . . '. . . . .' . ... : ' . . : .:'. - . . . . :. . . : . .... . . :.: . --". .' . ~ . . . . . :-. Sout~ 01. degrees2~ m!~utes38 s~Conds WeSt; alongsaic1W~St RO;W.,nrniO( . Pleasant Run Road, a distance of 35S.10feet to a set 5/8 irichcapped iron rod (SHS,'; .,' . . . . INC).atthe intersection~ofsaldWest .R.O,W.line of PI~asa.ht. RLJnRoad withsaid: . .. Northwest~r1yR 0 ,.W.~lin~ of Colleyville Boulevard .<Grapeyinf7 ~ighYlay S .,M... 26);" '. \'. >:':>1HENCES~ 29 degrees 16ini~Utes 38 seec;nd~ West; along saicj NbrthwesterlY R.O.W~ line; .. a diStance of 227:70 feet to the POINT OF BEGINNING and containing 1.090,871 .'.squarefeet or 25.04 acre~ of land. . . . . . . .. "." PROPERTY DESCRIPTION .TRACT U.' . . .:. ..... . . "~. ." .' . . '. . ' . . - '. ". ~eirig a.tractoflal}dsituatedinthe J.M.'Looney Slfrvey;AbstractNo.936.CityofColleyville, .', ." .. i:: Tarrant Coulity. TeXas,. s:aieLtractbeing 'the remainder tract of atract deeded to Foster Alton an~ .'JeanAndrewsas'recorded in'Volume6985, Page 1790,ofthe Deed Records of TarrantCounty, 'TexC!s~si3id tract being rnor~particularly described by metes and bounds as follows: ., " . . :: ,. , '", . ~. -.: " : , '. ..... . . . ':BEGINNING'atafoundSIBinch.ironrodon the Northwest~r1Y RO;W. line ofColleyviUe Boulevard . (Grapevine. Highway South. .. H: . 26), being the Southeast comer' of .lot 1, Block 1, FosterAddition ...._""-,~--_-..,,"-~--..,........--'-"'..>~ ' <>,-_.~---,~~---,~-~-,-----,-~-'~'~- - . . . . . . '. . - . . . - . . . - . ". . ..". . '~.' - . "... . - .....THENCE South 29 degrees 25 minutes .11seCQi1d~ West,.along said NorthwestenyRO.W.line of Colleyville Boulevar:d. passing a fuuncf 1/2 inthJron.rod at 174.32 feet and continuing. : for a total distance ot317.35 feet to a point lying within a creek bed, said point being' -~ mbstEasterty Southeast cOmer Of Lot 1. Block 1. Applet>ee's Additionastecorded~.. .in CabinetA.,Slide 3939 of said Deed Iiecords; '..'. ..... .' ....- . ..' . .... :.THENCE .'THENCE . No,rth 08 degrees':34minuies o3SeCOndsWest.leavi~g ~id NorthWeSt~rty R.6~W.lin~'.' . of ColleyVilleBoulevard. alongtre East lineot said Lotl,Block 1, Applebee'sAdditicm. .-.'- ad'istanceof108~95 feet toapdintlying within a creek bed; . .", "., ;,-. North 04 degrees 26 minutes51.seeondsEast,corltinlJingalohgthe Easflineofs~id .. .tot'l, BlocJc 1, a distance of 63.04 feet toapoint Iyingwithifla creek beq,~i_dp()irt being the Northeast comer of said Lot 1.BIc)c.~ 1, Applebee's Addition;..' .. .... THENCE . .SOuth.84 degrees 46 mi~ut~s ()Q's~dsWest. alOng the North line said L.ot1;.slbcK ' .. '.. ,,::, ,.. '1, Applebee's Addition, a distari~ of 1 ?2.54 feet to a found 1/2 inCh iron rod;' . .-::::THENCE . - . . . .". '.. . .. ....' . ,," '"" : - . . . - . . .JHENCE .",.-' SOOttl 83 degrees SSmiJiutes20 secOrids.West; continuing. ~Iong said North IiIl~afL~ ..... ... 1, Block 1, Applebee's Addition,' a distance of 89.9Tfeet toa fciund1/2 inch lronrod in,; : cancrete on the established Easf R. p. W ~ line of Pleasarit.RlUl ROcld; . , .' . .' . ; .', -: .." .. NorthOO-degrees ..44m'nutesO~ seconds East,alongsaidestablished Ea,st'R.O.VV:,':.< ....,Iineof Pltiasant RlInRoad, a distanCe of 508.29'f~tda.foui1d5l8 inch irohtod' b~ing. .. .... p ~r inte~dedto be the SouthwesLcomer of'a tract deeded to Richal'd P. Failor as. · ... recOrt:fedinValume 9085, p~~e 217~of said peed RecofcIs; . ; '.~ . . " .." . .. . . THENCE .South a1degrees 45 minutes S9se~nds East. along the SoUth liri~ of said Failor tract .. and Citrad deeded to Andrew and Jane(>'prY as:~rdedinVo.lume12888; Page 136 . ..ofsaid Deed Records, a distance of338AS'feet_to a found 112. inch iron rod.}romsaid." , .... .foun~1I2 inchkanrod B found 1/2 inChcapped>iron rod "Mpak" beats North 89. degrees 41 . minutes.04 seconds. EaSt,.a distance of 1323 feet; , ." .".' . . -. .... .' . . . -'.: .' . . . .... THE~iCE ,":. .. .. . . THENCE '. . .... . . . .. . South .13' degrees 06 mint.ite~1 t>seeorids, West, .along the w~si. line of aJraCt deeded'. . to Chanes Davidson Bsrecarded inValtime7590, Page 1964 of said' Deed ReCords 'and. along the. West line of said Lot 1, Black1,Foster Adejition, a distance of 373.81 feet to a set 518 inch capped ironrod (BHB INC); .. . .'. . .. . . ..". . . . .". -." '. . South 87 degrees51 minutes 45 seconds East. along the South line of said~ot 1. . ... Block1,adistance of 118.83 feet to the POINT OF BEGINNING and containing..' ...161,131 square feet or 3.70 acres of Ian d._ . .' --"'-- ~."'"~.~~..,'---."----........-......-- 0:, o. ! ! r . "." ,j... ...j. . !.;. :'~., i . j:,t' hlt~. I'; 81 .,l~il ::) ".r"l,' ...L', "'-~.-:' o .... . ., ..MfD A1.11J.1nIJiJiJIIlIIA~. .' . _ l:Il Hfrrrnnrrrrnnt . - ..' ". . .. . . . .' ,..~..,.. -~~".," , . . ".:' ~ . .... . . ~ \'-'- J- OvUAL1. am /'LA" (CITYHALi. EXHIBIT) The VilJ&g.c&t Collcyrille , ro ,nr.ts' .,'.:' Surveyirig ... . ..... ..Construction Staking. .... . Bridge Construction overp'e~sant Run Creek: ,.... . . In-Line DetentionlChann'elizationofPleasaht Run Cr~ek 'f:xcavation',Crearingi Grading, Erbsior) Control SanitarySewe'rSY$tem~.'.< '.', ... Water System: . '.< . :. Sl<Jrr:n Draini3ge Sy~tem .. .....,. . . Storm WaterDetentioil Features ...... ... .PiJbJic.S~reets,A"eys','and SideVfalks" .: . Stn~etffrafficc;ontrol ~ignage · ... .. .. PubJiCParking Lots'.' ..' Public.Parking Structure .<. Professionai Services' . .. . Streetlights .. ...... . . ... :,<Streettandscaping. .'., '.. . -Engineerin!;lPlans'< ....> .... ".MajorFountajhConstr~.ction ... , ...Dverflow p'arking Lot. ...... , . . ...' Perimeter Screenirig\('Ji3lls.. . '. ...." .. '. .. .... ..'Wroughllrorl Feqce ?t'ColleyviUeCityPark. '.': . .~- ',. ;. ";'. ." . '" . . . .. . ..'S'urveying. .... '.. ., Constr!1ction~ Staking. 'Gate at Central Drive ... .. .' . .' '- ..' . ." '- :.... .. '." ~. . ..--. .Median l,mproveniemtsfo Colleyville BoUlevard; .... ,.. pleasant RunStreet-lmprovememts .' . " Pleasant Run Sid~walks. . . .', .. .. ... Engineering PlaJls for ThbmpsonTerrac;e He-alignment.. ,. Construction of ThompsonT ert~ce Re~Alignrneqt. Thompson Terrace SidewaJk~; .. .. ... Glade Road Sidewalk~.. ..... .... Public Parks tandsc'aping'.' ..' . ".:'. -~_.....--~-~ -",.--.-. ~"'""""~-_............. --- 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 Amended Village Zoning Ordinance 5-7 -02 ORDINANCE 0-02-1337.4 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Richard Myers on February 28,2002, under Case Number Z-02-010; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-99-1141 is hereby amended in its entirety to read as follows: A. PURPOSE The purpose of this planned unit development is to encourage mixed- use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit "8" shall be rezoned from the AG Agricultural district to the PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Ordinance 0-02-1337.4 Page 2 of 14 C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "C". The neighborhood areas and their symbol designations are described as follows: Neiqhborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC", Neiqhborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters "NG". D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT SCHEDULE The Statement of Planning Objectives and Development Schedule are attached as Exhibit "0". E. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses - the following permitted uses shall be allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site, A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq, ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 20% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. Ordinance 0-02-1337.4 Page 3 of 14 (2) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building, (4) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. b. Retaif: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses, d. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e. Entertainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g. Educational: Private schools, and day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association, Semi- public uses such as a neighborhood center, pool and related recreational facilities. j, Parking lots. Ordinance 0-02-1337.4 Page 4 of 14 k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seating areas for food, lodging or entertainment uses. o. A Special Use Permit for alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. p. A Special Use Permit for alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. q. Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. 2. Permitted Uses with a Special Use Permit - The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Code of the City of Colleyville: a. Outside sales of cooked food and other items not listed in Section E.1 Permitted Uses. b. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.). c. Television and appliance repair service shop. d, Club, lodge or other fraternal organizations, e. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: a. Drive-through commercial uses where patrons remain in automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 30,000 square feet offloor area per certificate of occupancy. Ordinance 0-02-1337.4 Page 5 of 14 d. Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. e. Kennels. f. Terminals or depots for large-scale storage or distribution of goods. g. Scrap yards for the processing or storage of waste materials, h. Automotive repair businesses. i. Telemarketing office with over 20 employees, j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 4. General Lot Criteria - See Table 1 below: Table 1 General Lot Criteria Neighborhood Neighborhood General Zone INGl Center Zone INC) Lot Min, Area 2,600 s,f. Min, Area 2,600 s.f, Dimensions Max, Area 5 acres Max, Area 5 acres Min, Lot 30% Min, Lot 45% Coveraae Coveraae Max, Lot 90% Max, Lot 95% Coveraae Coveraae Setbacks Front 0' min - 15' max. Front 0' min - 15' max. Side 0' min -15' max, Side 0' min - 15' max. Rear - Main 4'min, Rear - Main 4' min. Bldg, Blda, Rear - Accy, 4' Rear - Accy. 4' Bldg, Bldg, Height Max, Heiaht 48 ft, or 3,5 stories Max, Heiaht 48 It. or 3,5 stories Notes: 1, the one-half story above third floor shall not exceed 400 s.f, 2, see Exhibit "F" for additional heiaht and use restrictions for certain areas 5, Special Use and Heiqht Conditions - The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one-half stories and the areas indicated with an "R" on Exhibit "F" shall be additionally limited to residential use only. 6. Buildinq Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. 7. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be used which comply with Paragraph 8, Balconies. Ordinance 0-02-1337.4 Page 6 of 14 8. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 9, Buildinq Desiqn Requirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 10. Exterior Buildinq Liqhtinq - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 11. HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backvard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13. Landscaoinq - Lots within this planned unit development shall be exempt from Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. The landscaping within this Planned Unit Development shall be consistent with the landscaping shown on Exhibit" E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks (six feet or wider) in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas, In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14, AwninQs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level, 15. Architectural Control Committee - The Property Owner's Association must create an Architectural Control Committee, which shall be Ordinance 0-02-1337.4 Page 7 of 14 funded by the Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 16, Limitation on Late Niqht Hours of Operation - Businesses located within this PUD-C shall close not later than 12:00 a.m. on weekdays and Sundays, and 2:00 a.m. on Fridays and Saturdays. 17. Special Use Permit Time Limits - The special use permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five (5) years from the date of approval of this ordinance for undeveloped sites, 18. Dumpster Screeninq - All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. E.1 ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48") inch pedestrian right-of-way and comply with all other ADA regulations. In addition, any encroachments shall ensure a twenty-four (24") inch sight line, 1. Encroachments below grade - Approval by the Director of Public Services of a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18") inches. 2. Encroachments of architectural features above grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Ordinance 0-02-1337.4 Page 8 of 14 Riaht-of-wav Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max, 7 foot length, 3 feet min, spacing & one bay window per 15 feet of site frontaQe Awnings & canopies 80% of sidewalk width. 8 feet clearance over pedestrian area & 14 feel clearance over vehicle area Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches or less. it may be mounted at any height on the building fac;:ade, From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas. and shall not encroach bevond 48 inches Eaves, cornices and From 8 feet to 15 feet above grade, one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3. Temporary structures in public right-of-way - The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit liE" in lieu of any other open space requirements ofthe Colleyville Land Development Code. Ordinance 0-02-1337.4 Page 9 of 14 2. Park Land Dedication Fees - Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non- residential structure or primary single-family dwelling unit. 3. Street Riqht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4. Sidewalks - Sidewalks shall be required for all lots in this development. 5. Garaqes/Accessorv Buildinqs - The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertisinq Siqns - Buildings may contain the following types of signs: a. Wall Signs - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b. Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs - Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e. Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. f. Grand Opening Signs - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1 ) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited Ordinance 0-02-1337.4 Page 10 of 14 to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off- premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council. g. Sandwich Board Signs - One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose ofthis regulation, Sandwich Board signs shall include easels and podiums. 7. Street and Allev Desiqn a. Two-way Street - The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-six (56) feet wide. b. One-way Street - A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ranging in width from three feet to six feet. The public right-of-way for a one-way street shall not be less than thirty- five (35) feet. c. Alley - The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of- way width shall not be less than twenty (20) feet. 8. Public Area Landscapinq - Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. 9. Security Fencinq and Walls a. a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and b. an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & C.R.R. Co. Ordinance 0-02-1337.4 Page 11 of 14 Survey, Abstract 206, and c. an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to City Park, except where adjacent to the City Hall and Library site, and d. a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. H. AMENITIES 1. Parks and Playgrounds - Allor portions of certain lots identified on the project site plan must be set aside for public parks. meeting areas and playgrounds. 2. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. 3. Street Liqhts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. 4. Walking Paths - Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Siqns - Street signs may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (15) feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. I. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the City shall have the authority to review the parking demands and reassess the Ordinance 0-02-1337.4 Page 12 of 14 parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The City shall additionally have the authority to review the parking supply and may reassess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. 2. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses - The parking requirements for residential units shall be as follows: (1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on- site parking space if the building site contains an ancillary residential unit. (2) Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses - The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c. Parkinq Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community Development Department shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. Ordinance 0-02-1337.4 Page 13 of 14 d. Public Parkinq - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free of charge. No overnight parking shall be permitted in the parking lots. J. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /0 >>) day of IJ .f2A./~ 2002. The second reading and public hearing being conducted on the 7[~ 2002. A:r~:~~p~ Cynthia Singleton, TRMC City Secretary 7)11; day of CITY OF COLLEYVILLE: ~,~ Donna Arp Mayor CITY COUNCIL APPROVED DEe 1 7 2002 Ordinance 0-02-1337.4 Page 14 of 14 PPROVED AS TO FORM AND LEGALITY: ~- oss T. Foster ity Attorney I , ORDINANCE 0-99-1141 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 24.07 ACRES OUT OF THE J. M. LOONEY SURVEY, ABSTRACT 936, TRACT 1, AND THE B.B.B. & C. R.R. CO. SURVEY, ABSTRACT 206, TRACTS 3, 3E, 3D, 3C, 3B, 3B1, AND A PORTION OF LOT 1, BLOCK 1 OF CITY NATIONAL BANK OF COLLEYVILLE ADDITION OF THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT AND CC1-COMMERCIAL DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL); PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Richard Myers of Realty Capital Corporation, on October 16, 1998 under Case No. Z-98-042; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, the Planning and Zoning Commission and the City Council have determined that the proposed planned unit development as presented herein is consistent with the goals and objectives of the Master Plan of the City of Colleyville, Texas; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Purpose - The purpose of this planned unit development is to encourage mixed- use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit . . Ordinance 0-99-1141 Page 2 of 19 development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long term economic sustainability for the city. Sec. 2. PUD Boundaries - The property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit liB" shall be rezoned from the AG (Agricultural) district to the PUD-C (Planned Unit Development-Commercial) and the Official Zoning Map and Zoning Ordinance of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Sec. 3. Neiahborhood Areas - This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "C". The neighborhood areas and their symbol designations are described as follows: A. NeiQhborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". B. Neiqhborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters liNG". Sec. 4. Statement of Plannina Obiectives and Development Schedule - The Statement of Planning Objectives and Development Schedule are attached as Exhibit liD". Sec. 5. Development Standards - Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with the following Development Standards: A. Permitted Uses - the following permitted uses shall be allowed within this planned unit development: 1. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq. ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: Ordinance 0-99-1141 Page 3 of 19 (a) NC Area: A maximum of 20% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. (b) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (c) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (d) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. 2. Retail: retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. 3. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. 4. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores (including beer and wine sales), drug stores, bagel or doughnut shops, and soda fountain shops. 5. Entertainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four, playhouses, comedy clubs, and jazz/music clubs. 6. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. 7. Educational: Private Schools, and Day-care centers. 8. Mixed-use: buildings or structures containing any combination of single- Ordinance 0-99-1141 Page 4 of 19 family residences and other uses listed herein. 9. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. 10. Parking lots. 11. Accessory buildings or uses as defined herein. 12. Any use of a nature similar to the above when granted a special use permit by the Colleyville City Council. 13. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. B. Permitted Uses with a Special Use Permit - the following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Zoning Ordinance of the City of Colleyville: 1. Outside sales of cooked food and other items not listed in #13 above. 2. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.). 3. Television and appliance repair service shop. 4. Club, lodge or other fraternal. organizations. 5. Parking Garage containing more than six parking spaces. 6. Sale of on-premises or off-premises alcoholic beverages. C. Prohibited Uses - The following uses shall be prohibited within this planned unit development: 1. Drive-through commercial uses where patrons remain in automobiles. 2. Vending machines, except within buildings. 3. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. 4. Industrial and manufacturing businesses which create noise, vibration or obnoxious odors. I ! r Ordinance 0-99-1141 Page 5 of 19 5. Kennels. 6. Terminals or depots for large-scale storage or distribution of goods. 7. Scrap yards for the processing or storage of waste materials. 8. Automotive repair businesses. 9. Telemarketing office with over 20 employees. 10. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Zoning Ordinance for new and unlisted uses. D. General Lot Criteria - See Table 1 below: Table 1 General Lot Criteria Neighborhood Neighborhood General Zone Center Zone Lot Min. Area 2,600 s. f. Min. Area i 2,600 s. f. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot Coverage 30% Min. Lot Coverage 45% Max. Lot Coverage 90% Max. Lot Coveragei 90% Setbacks Front 0' min. - 15' max. Front 0' min. - 15' max. Sidei 0' min. - 15' max. Side 0' min. - 15' max. Rear - Main Bldg. 5' min. Rear - Main Bldg. 5' min. Rear - Accy. Bldg. i 5' Rear - Accy. Bldg. 5' Height Maximum Height 48 ft. or 3.5 stories Maximum Height! 48 ft. or 3.5 stories Note: 1. the one-hatf story above third floor shall not exceed 400 sJ. 2. see Exhibit "F" for additional height and use restrictions for certain areas E. Special Use and Heiqht Conditions - The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one-half stories and the areas indicated with an "Rn on Exhibit "F" shall be additionally limited to residential use only. F. Buildinq Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. G. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level, unless a roof Ordinance 0-99-1141 Page 6 of 19 terrace is constructed, then railings may be used which comply with Paragraph F, Balconies. H. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. I. Buildinq Desion Requirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Section 24.17, Building Design Requirements of the Colleyville Zoning Ordinance. J. Exterior Buildinq Liqhtinq - Buildings may be lit with "wall washer" type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. K. HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. L. Backyard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. M. Landscapinq - Lots within this planned unit development shall be exempt from Section 24.16, Landscaping Regulations of the Colleyville Zoning Ordinance. The landscaping within this Planned Unit Development shall be consistent with the landscaping shown on Exhibit" E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks (six feet or wider) in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. N. Awninqs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level which front public sidewalks, if those buildings contain a residential use above the ground level. O. Architectural Control Committee - The project must create an Architectural Control Committee, which shall be funded by the owners' association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. Ordinance 0-99-1141 Page 7 of 19 P. Limitation on Late Niqht Hours of Operation - Businesses located within this PUD-C shall close at 10:30 p.m. on weekdays and Sundays, and 12:30 a.m. on Fridays and Saturdays. Sec. 6. Subdivision Plat - Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. Sec. 7. Supplementary Reauirements - This planned unit development shall comply with the following supplementary requirements: A. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit "E" in lieu of any other open space requirements of the Colleyville Zoning Ordinance. B. Park Land Dedication Fees - Payment of park land dedication fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. C. Street RiQht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Subsection G, below. D. Sidewalks - Sidewalks shall be required for all lots in this development. E. Garaqes/Accessorv Buildinqs - The walls of these buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. F. Advertisinq Siqns - Buildings may contain the following types of signs: (1) Wall Signs - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. (2) Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. (3) Awning Signs - Individual letters on awning signs shall not exceed 12 inches in height. Ordinance 0-99-1141 Page 8 of 19 (4) None of the above signs shall be internally lit. These signs may be front lit with lights that do not create an unreasonable glare on adjacent buildings. (5) Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally-lit box signs shall not be permitted. G. Street and Alley Desiqn (1) Two-way Street - The cross-section of the typical "village street" shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes), two, seven-foot parallel parking spaces, and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than 56 feet wide. (2) One-way Street - A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ranging in width from three feet to six feet. The public right-ot- way for a one-way street shall not be less than 35 feet. (3) Alley - The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of-way width shall not be less than 20 feet. H. Public Area Landscaping - Public parks in the project shall be landscaped and irrigated according to plans approved by the City ot Colleyville. I. Security Fencinq and Walls - as follows: (1) a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and (2) an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & C.R.R. Co. Survey, Abstract 206, and (3) an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to the city owned park property, and (4) a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. Ordinance 0-99-1141 Page 9 of 19 Sec. 8. Amenities A. Parks and Playgrounds - All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. B. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. C. Street Liqhts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. D. Walkinq Paths - Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. E. Street SiQns - Street signs shall be attached on the appropriate buildings at each intersection. The signs shall be placed 15 feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. Sec. 9. Parking Requirements - The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: A. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the city shall have the authority to review the parking demands and re-assess the parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The city shall additionally have the authority to review the parking supply and may re-assess the parking ratio when 50% of the development is completed within the NG- Neighborhood General area. B. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: Ordinance 0-99-1141 Page 10 of 19 1. Residential Uses - The parking requirements for residential units shall be as follows: (a). Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (b). Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. 1. Non-Residential Uses - The parking requirements for non-residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. 3. Parkinq Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Building Inspection Department shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. Sec. 10. Public Parking - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free. Parking time limits shall be two hours for parallel parking spaces from 9:00 a.m. to 8:00 p.m. Parking time limits shall be four hours for parking lots, unless the vehicle has a prepaid parking permit (for business owners and employees). No overnight parking shall be permitted in the parking lots. Sec. 11. Property Owners Association - Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file. a lien against that owner's property. , . Ordinance 0-99-1141 Page 11 of 19 Sec.12. THAT the zoning regulations of the City of shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 13. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2.000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 14. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. 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V fl!~' !e. I' I~, · y~" '_ c ,~ - ..&'IB :. ' \"""""iA /# 11 ,- I if] ... - -. ~T -- 1 tI.P"":J' · "..... UIC.... · ~ ~~~ ~. ~.z1~.. III P ~ · · , , . r-~ ~~~.. . .. I' Otl I . .,-" 1.'on ...~ I r~-..j~... I L. L ~- ~. I , 5 ~ f---9- _ .>.~ '- _ r I. /11 I I'" \ ~ ..... ,~~ t7 j -.:J.. ,. i j!; P' 7 I 1i)4 :I I ',I ~ . . J!. IJ. fl I · SW!~ .~~~ i ~ ~ I.. I \IT -. I C · ~~~~i . I l ~ u..."-.I u.- \4 15/ ,. , - .. ~ I .. II - - ~r~ ~ r ir "1 ~ E ~ r. ~:.J..'e-" I. I _ 7 ., :a f-=-5 - I u 8 -8--- ~I~ ,. . - b. · '~'lC/_ ~?" J ,. - ..:. 1... ..II . >>a I U'" 'J~ h:t JlI .. II .u.'f .. I II, ~ '~ .. U - AD lIT T" U\I." .29.~. · ~h~ ".-~ AG. ;n; I T- I .. '. - ~L - ". II-- I. - ,@JtI ).OIJlI J~' ~.Qog UIl'I I ,,/is. u" . 1 CSUIClI lIT - I .. t~ ~.. ,.~~ t7 .. . - IT .... t~ :III lot .. Ii .. II i ... ... , 111 "'~r'" . .,- talC .-.r QAJ[ 1M cc-. 1 1 .. , I.aI . ~fl'. !~i!,o COlP' ).1JVtJ ~OGgIt ~ I- , ...-. CC....;l '# .. . ..~ . 0.99-1141 Exhibit "A" .., '~IC .1 .-.- Ie -.. . . -. .. ;u1C .. "IIC -- . ._- .. UIII: .1 lUM Ie -. . ... . .. ... Ie ... .. --:.:.1 ~ .. - .. :\ \ ~ f:~. . ") I _, l.' ---- 11 ... .." III: ...:. ..... . .- PROPERTY DESCRIPTION TRACT W Being a tract d \and situated in the City of Colleyville, Tarrant County, Texas In the B.B.B. & C.R.R. Survey, Abstract No. 206, said tract being more particularly described by metes and bounds as follows: BEGINNING at a point on the apparent West R.O.W. line of Pleasant Run Road, being West, 25.00 feet from the Northeast comer of a tract deeded to a Verile Lee Brown recorded In Volume 1 1772, Page 2164 of the Deed Records of Tarrant County. Texas; THENCE South 00 degrees 01 minutes 33 seconds East, along said apparent West R.O.W. Une, a distance of 776.58 feet to the Southeast comer of a tract deeded to Billy G. Petty and wife, Shirley A. Petty as recorded In Volume 3786, Page 60 of said Deed Records; THENCE South 89 degrees 43 minutes 00 seconds West, leaving said apparent West R.O.W. line and along the South 1I!l" of said Petty tract , a distance of 214.91 feet; THENCE North 88 degrees 25 minutes 37 seconds West, continuing along the South line of said Petty tract, a distance or 100.43 feet; THENCE South 02 degrees 15 minutes 00 seconds East. along the West line of a tract deeded to a Anlhony Tmothy McNosky recorded in Volume 6786, Page 503 and Volume 1527, a distance or 156.20 feet; THENCE North 88 degrees 48 minutes 23 seconds East, along the South line of said McNosky tract, a distance of 190.50 feet; THENCE South 29 degrees 39 minutes 20 seconds West, leaving said South line of McNosky tract and along a proposed property division line within Lot 1, Block 1, 1 st City National Bank of ColleyvUle &$ recorded In Volume 388-182, Page 81 of said Deed Records, a distance of 344.57 feet; THENCE South 60 degrees 28 minutes 00 seconds East, continuing along said proposed property division line. a distance of 253.30 feet; THENCE South 29 degrees 32 minutes 00 seconds West, along Colleyville Boulevard (S.H. 26) a distance of 148.68 feet; THENCE North 60 degrees 28 minutes 00 seconds West, leaving said Colleyvllle Boulevard, along the Northeast line of Lot 1 & 2, Block 1, Kroger Addition as recorded In Cabinet A. Slide 1029 of said Deed Records, a distance of 416.70 feet; . THENCE North. along the East line of said Lot 1 and also along the East line of Lot 4R, Block 1, Kroger Addition as recorded in Cabinet A, Slide 1397 of said Deed Records, a distance of 499.21 feet; THENCE North 89 degrees 41 minutes 00 seconds West, along the North line of Forest Oak Lane, a distance of 414.65 feet to the Southwest comer of said Petty tract; THENCE North 00 degrees 00 minutes 15 seconds West, along the West line of said Petty tract, and the West line of the following tracts, Harold Hall recorded In VolI.me 9320, Page 1649, Bransford Parlt Land Trust, Volume 10461, Page 1250, Bruton D. And Carol G. McCullough, Volume 11772, Page 2174 & Volume 11772, Page 2170, said Brown tract, a distance of 773.75 feet to the Northwest comer of said Brown tract; THENCE East, along the North line of said Brown Tract, a distance of 919.00 feet to the POINT OF BEGINNING and containing 20.36 aaas of land. The above legal description was compiled and written from information obtained from Tarrant County Deed Records, Tarrant Appraisal District, City of Colleyville and other sources. This legal description Is to be used for zoning purposes only and Is not to be. relied upon as a bOundary survey of any type. 0-99-1141 exhibit "B" PROPERTY DESCRIPTION TRACT -B- Being a trad of land situated In the City 01 COlleyville, Tarrant County, Texas in the J. M. Looney Survey, Abstract No. 936, said tract being the remainder 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 point on the apparent East R.O.W. line of Pleasant Run Road, being the Southwest comer of a tract deeded to a Richard P. Failor recorded in Volume 9085, Page 2173 of the Deed Records of Tarrant County, Texas; THENCE South 87 degrees 45 minutes 00 seconds East, along the South line of said Failor tract and a tract deeded to Jane O'pry as recorded in Volume 12888, Page 136 of said Deed Records, a distance of 339.55 feet; THENCE South 13 degrees 13 minutes 00 seconds West, along the West line of a tract deeded to Charles Davidson as recorded In Volume 7590, Page 1964 of said Deed Records and along the West line of Lot 1, Block 1, Foster Addition as recorded in Volume 388- 142, Page 35 of said Deed Records, a distance of 374.15 feet; THENCE South 87 degrees 45 minutes 00 seconds East, along the South line of said Lot 1, Block 1. a distance of 118.71 feet; THENCE South 29 degrees 32 minutes 23 seconds West, along Colleyville Boulevard (S.H. 26) a distance of 317.22 feet; THENCE North 08 degrees 29 minutes 13 seconds West, leaving said Colleyville Boulevard, along the East line of Lot 1, Block 1, Applebee's Addition as recorded In Cabinet A, Slide 3939 of said Deed Records, a distance of 108.98 feet; THENCE North 04 degrees 33 minutes 00 seconds East, continuing along the East line of said Lot 1, Block 1, a distance of 63.04 feet; THENCE South 84 degrees 30 minutes 04 seconds West, along the North line said Lot 1, Block 1, a distance of 212.53 feet; THENCE North 00 degrees 45 minutes 08 seconds East. along said East R.O.W. line of Pleasant Run Road, a distance of 508.00 feet to the POINT OF BEGINNING and containing 3.71 acres of land. The above legal description was compiled and written from information obtained from Tarrant County Deed Records, Tarrant Appraisal District, City of Colleyvine and other SOlI'CeS. This legal desalption is to be used for zoning purposes only and is not to be relied upon as a boundary survey of any type. 0-99-1141 Exhibit "B" . ...... , ':IN(WU~ 01 tIN. ___.. ---- ----..- "..,..,. ~"""B!A . ,J Ilulllll · -; I I I.... I I Legend NC - Neighborhood Center NG - Neighborhood General I . ! - J r"---r" ! j ! ! i ! i i / : ;.-0 ! ! , iI: I I' .I I 'u ./ ! \ '- '. .'.,./i}}?: . , . ... I ! ~ /''.. ./i I; , . . "- I I ~. "'" ;' l i I ~_.._.. . "/'; ,!/ 1 . . ....r.. - '::::... .;. ......i ____..---, r---....:.:":::::. ~ 1'../ )1 0-99-1141 Exhibit "e" I' ~ii! !a,S .. t -_._----_.._-_..__._----...-_._---_.__.__._--_.,--_._~- The Village at Colleyville Statement of Plannine Obiectives 1. The development should create a traditional American or European-style village. Like any traditional village, it will contain a variety of building types and uses. The arChitectural style of the project will be similar to that of a French or Italian village near the Mediterranean coast. 2. The Village at Colleyville will be very pedestrian-friendly. We believe that enhancing pedestrian access to our shops, boutiques and restaurants will maximize their sales. Therefore, we have designed the village to slow traffic and encourage people to park their vehicles and walk around. 3. The buildings, streets, sidewalks and open spaces will be built on a human scale, not an automobile or highway scale. Streets will be narrow; sidewalks accommodating and building heights will be limited to allow natural light to the open areas. 4. Different uses within the same building will be highly encouraged. Single-family residences will be constructed above many shops and offices. Parking requirements shall be reduced since retail, office, restaurants and single-family residences need parking at different times. 5. Each property owner in The Village shall be a member of The Village Owners' Association, Inc. The Association shall collect dues from each property owner for landscaping, maintenance, Village promotions and events, creaning, security, marketing, architectural control and project administration. 6. Most of the open spaces will be public. Examples of public open spaces in The Village include: parks, fountains, playgrounds, sidewalks; parking lots, streets, promenades, and walkways. The City ofColleyville will own these public open spaces. The Village Owners' Association will maintain the landscaping in all of these public open spaces. The City of Colleyville will provide its normal city services to these open spaces. . 7. Please see the attached "Deed Restrictions and Zoning Ordinance" document This document is hereby submitted so that its contents may become part of the PUD zoning ordinance for which the developer is applying. We request the assistance of the City staff and City attorney to legally transform this document into part of the zoning ordinance. 0-99-1141 Exhibit "0" . ~ The Village at Colleyville Development Schedule The following schedule is a rough approximation of key development dates: 1. Zoning Approval: December 1998 2. Preliminary Plat Approval: January 1999 3. TIP Approval: February 1999 4. Final Plat Approval: April1999 S. Infrastructure Construction Start: June 1999 6. Infrastructure Construction Completion: February 2000 7. Initial Buildings7 Completion: September 2000 8. Grand Opening Celebration: December 2000 Statement of Proposed Ownership The project will be owned by a limited partnership, with Realty Capital Corporation acting as the general partner of the partnership. 0-99-1141 ExhIbit "0" _..-.....,...._--,.-~-~~--._------- illl ~tlt=J I It I Ii I I I II I i! I 'illf" .f'... j/ / -I-,/.-J.J. ., #"..~. :/ I~'. L-..-/ _~..~ -'l /' -/ III t , ~ r-~"" f ,,-'/ ~ .U' 0-99-1141 i1i~ ",IJ Exhibit "E" ~ Ii i"lli z . .115 .. i I ! I i II i f! ! I ! ! i lli H'- I, I Note: Parking areas are circled IIJ ~~~Qr{l ':)JqW.tYJ:JDIIV~ D ____.._ __1lIlII --~- -...-.- "..,...,., E~hibit F Special Height Conditions ., >" - , . ~ .'.... .~...,.. ...-"- .--- "-- ":.:-. ._;..... --- --. ~--::-:...-... " ! -'~ - -- - - - - - - - - - - - --- - -- ...~ .--..- ---,-_._-._---~_.._._. -., ~ Buildings restricted to 2% stories in height, second floor and above can be office use or residential use only 00 Buildings restricted to 2% stories in height and residential use Special Height Conditions The Village at Colleyville '.