Loading...
HomeMy WebLinkAboutOrdinances (Ordinance O-19-2075)-02/05/2019ORDINANCE 0-19-2075 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 17.32 ACRES, BEING LOT C, MCEWING SUBDIVISION & 1B02A, 1B2, 1B3, AND 1B41 ABSTRACT 1154, IN THE R H MCEWING SURVEY, LOCATED AT 712 — 810 LAVACA TRAIL, FROM THE R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC18-033; 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 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 Ordinance 0-19-2075 Page 2 of 6 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 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. WHEREAS, The City Council acknowledges the existence of a binding letter of intent between the developer and the Lavaca Trail Estates HOA dated November 20, 2018 (LOI) containing certain mutual covenants between these two parties related to the development of the property described herein and that said parties intend on performing the covenants contained therein, provided said performance does not expressly conflict with applicable law or this ordinance. WHEREAS, The City Council acknowledges the existence of a binding letter of intent between the developer and the Remington Park Estates HOA dated November, 2018 (LOI) containing certain mutual covenants between these two parties related to the development of the property described herein and that said parties intend on performing the covenants contained therein, provided said performance does not expressly conflict with applicable law or this ordinance. WHEREAS, The City Council acknowledges the existence of a binding letter of intent between the developer and the Rosewood Villas HOA dated November, 2018 (LOI) containing certain mutual covenants between these two parties related to the development of the property described herein and that said parties intend on performing the covenants contained therein, provided said performance does not expressly conflict with applicable law or this ordinance. 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 Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.32 Acres being Lot C, McEwing Ordinance 0-19-2075 Page 3 of 6 Subdivision & 1602A, 1132, 1133, and 1134, Abstract 1154, located in the RH McEwing Survey, located at 712-820 Lavaca trail from The R-40 Single Family Residential zoning district to the PUD-R Planned Unit Development - Residential zoning district, as depicted in the attached Exhibit "A" and Exhibit "B", and as described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1.GENERAL a. The purpose of this PUD-R is for a single-family residential development of twenty-five (25) detached dwelling units, constructed at a minimum density of 20,000 square feet per single family dwelling unit and five (5) open space lots. b. This property is subject to all the regulations of the R-20 Single Family Residential district contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Zoning Exhibit, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ slightly from that shown on Exhibit "B" to accommodate topographic, drainage, engineering design limitations or other conditions. Stormwater design enhancements that result in substantive alterations to the Exhibit "B" shall require approval of the City Council. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. c. As part of the platting process, detailed drainage plans shall be submitted showing the existing run-off and the Ordinance 0-19-2075 Page 4 of 6 proposed detention for containing the increased run-off at full development. The drainage shall not impact adjacent development. d. The development shall be required to provide public pedestrian access from Lavaca Trail. e. At a minimum the masonry, landscaping, entrance way, fencing, and residential architectural features shall be of a same quality and look as that of Phase 1, south of Lavaca Trail. Additionally, the agreements attached to the ordinance must be fully executed and dated. f. A certification note shall be provided on the Final Plat for signature by the Public Works Director to certify that the drainage has been installed correctly. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage S. OPEN SPACE 20,000 square feet. 100 feet, except for cul-de-sac lots 125 feet. 30 feet. 10 feet. 25 feet. 30 percent. a. This development shall provide 11.3% of common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the Homeowner's Association. Ordinance 0-19-2075 Page 5 of 6 b. All amenities within the open space areas shall be maintained by the Homeowner's Association. 6. PRIVATE STREETS a. This development shall provide streets within the Legacy North subdivision to be private streets with restricted access (gated). The Home Owners Association shall be responsible for the financial cost of the street lights (purchase, electricity, and maintenance). 7. AGREEMENTS WITH NEIGHBORING PROPERTIES a. Attached as Exhibit "C" are the agreements with neighboring property regarding drainage, landscaping, fencing, etc. Sec. 3. THAT the above described tract of land 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. 4. 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. 5. 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. 6. 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. 7. 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 this Ordinance 0-19-2075 Page 6 of 6 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 22rd day of January 2019. The second reading and public hearing being conducted on the 51h day of February 2019. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 5th day of February 2019. Mayor Richard Newton AYC Mayor Pro Tern Bobby Lindamood hV Place 1, Tammy Nakamura Place 5, Chuck Kelley v Place 3, Kathy WheatPlace 6, Callie Rigney Aye Place 4, George Dodson fgM&— ATTEST: Christine Loven, TRMC City Secretary APPROVED TO FORM: hitt L. Wyatt City Attorney CITY OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map 6512 6508 6507 6530 6509 616 612 608 604 600 6506 6509 6516 511 6504 6503 6506 6505 6504 6505 6500 6423 6502 6501 6500 6501 6512 609 605 W 601 .� 6420 6419 6416 6423 613 6420 6423 6416 6415 6414 6417 Lu 6508 6416 6417 FCF 6412 6410 641308 6412 6413 6466 07 6405 610 606 602 6500 6409 L6411 6504614 6404 �J 03 V6409 6402 6403o4 PUD- Rm� E- ADY LANE e4ou fiaol 6525 2 71370 6500 909 725 717 70 701 fill 607 603 913 813 619 615 813 729 509 $05 501 6300 6304 $301 6212 - \506 502 K 6213 R" 0 0 712 511 408 830 8208 U C 6209 507 503 6204 411 6205 F a 504 J 500 9 R 6118 6200 _ 6201 _ LAVACA TRAIL 6 6114 3 ---- goo T0.At 501 6216 6213--- n LEGACY 6212 6120 A 905 901 �. W 6201 6111 6212 0 6209 6200 809 m G n> �( R-20 G 6208 6307 6106 6208 6205 0117 6116 {� 6109 6116 4 3 2 Y "' 6204 Soo 6100 6204 6113 6112 6105 6201 6112 O 564 6200 CHANT kL LANE 6109 6106 701 301 6133 6109 801 713 709 705 506 Exhibit "B" - Conceptual Zoning Exhibit �q for ;11 1.11 ti P==z yids IV a _ I C Attachment "C" - Neighborhood Agreements ACRI"sf:M ENT IlMVE-Ex 1 sat Creek Development And }{ Lavaca TrailatetesliCIP WE) As of Novemher)K 2018, i [at Creek Development and Lavaca Trail FsWMS HOA agree: to the following: 1) iiat Creek Developmentivill require the curr entowners of Loco 1. Z.3. Elotk S in The Lvw4cy to install an O' cedar fence at the rear (west side] lot line in place of and in the same lateral dimensions as fencing earrendy instilled an the corresponding properties located in LTE Block 1, Lots 16,17 and tft. This will be enforced by the Architeriwal Control Committve orThe Legacy HOA. FnforCement of this Item 1 is not cont'ngent upon any other approvals or agreemetim 2) Ilan Creek Development agrees to assist LTF financially by contributingS17,912 toward the dredging of the pnnd located on F.mmas Cr This equals apprmimately 60%of the total estimated cost. A cashiers check in the amount of $17,942 payable OD Lavaca'fraii llnmeowners Association Is due no later than 10 days after Hat Creek Development closes on the property or March 31, Z019, whichcvcr N earlier. As part of this agreement, Hat Creek Development also agrees to allnty the dredging company that I,T►. selects to depwit the siltfrom the pond located on Y'mmas Court onto the new Korth Legacy subdivision as it is being developed. Enforcement of this Item 2 is contingent upon Hat Creek Development receiving approval from the City of Colleyville for the North Legacy development Ko c htavh President I latCroek Development �— — i Hogan President Lavaca Trail IWA V8 (10122118) TO: Kosse Maykus, Developer of Legacy North FR: Remington Park, Colleyville Our current thinking: It has been the collective contributions of several board members and homeowners of Remington Park to create and deliver our thinking, suggestions, and desires. To ensure that Remington Park homeowner value and neighborhood value is maintained and/or improved, we request that the developer of Legacy North, Kosse Maykus, affirmatively embrace and approve the below mentioned points: FENCE: • To be installed along the entire northern boundary of Legacy North adjoining Remington Park by the developer prior to the excavation of dirt • To begin at the western edge of Remington Park Lot 11(619 Terrace Lane) through the eastern edge of Lot 15, then wrap south through to the southern boundary of Lot 18 (509 Belmont Drive). • Will be wood (cedar plank), capped on top, and 6' in height (similar to scope and style of Legacy Estate Neighborhood). All metal poles to also be capped. • Exposed, capped metal posts to be utilized with post exposure facing Legacy North lots • Stain of wood fence will be medium brown in color • Tear down, removal and all costs associated with the existing fences on Remington Park properties from 603 to 619 Terrace Lane will be the sole responsibility of the developer of Legacy North and his chosen fence builder • Chosen fence removal and installation company will proactively communicate with each impacted homeowner of Remington Park as follows: o Fence removal and installation will each be managed at a rate of approximately 1 property per day o Written communication at least two weeks prior to removal and installation of fence indicating the day of removal and installation and contact information o Chosen fence company representative will contact each homeowner reconfirming the date for fence removal/installation and contact information at least 5 days prior to removal and installation • Fence along the east side of the Legacy North neighborhood beginning at the southern boundary of Lot 18 (509 Belmont Drive) will be a wrought iron fence with the same look, feel, and function as that currently installed on the east side of the Legacy Estates neighborhood TREE PRESERVATION EASEMENT: • Per observation, discussion, and proposal by the developer of Legacy North, we agree that the importance of tree preservation is necessary • Tree Preservation Easement will be a minimum of 30' from the north side of Legacy North property line with no removal of currently Identified trees unless otherwise dead • Developer of Legacy North will deliver to Remington Park HOA the current tree preservation document as presented (or to be presented) to the City of Colleyville • Legacy North future homeowners will be unable to build any vertical construction (attached or unattached structure) within the identified 30' Tree Preservation Easement / Building line but will be allowed to construct a pool no closer than 20' of the northern property line of Legacy North. • Developer of Legacy North, prior to the City of Colleyville approval, will deliver anew plat with the newly accepted 30' easement • The northern fence on Lot 10, Block A (Legacy North) will be allowed the same cedar fence (adjacent to Remington Park and the Rosewood Villas). The developer will attempt to gain permission to construct the same cedar fence that is on lots 11-14 for the balance of Lot 10, Block A • Tree Preservation Easement agreement and associated components of the preservation will be memorialized in 3 ways: o Submitted in the Public Record through the City of Colleyville P&Z board o Added to the Deed & Restrictions and CC&R's of the Legacy North neighborhood o Recognized as an easement on the Legacy North plat TRAIL INTERSECTION: • Regarding the trail intersection of Remington Park and Lavaca Trail, we agree fully in working with the developer of Legacy North • Potential solutions to protect the neighbors of Remington Park and those who have chosen to utilize the private trails, include but are not limited to: o Adding reflective stripes and/or rumble strips on the Lavaca Trail road to indicate the trail crossing o Adding reflective stripes on the Remington Park trail indicating the Lavaca Trail road o Signage on Lavaca Trail indicating the approaching trail and neighborhood o Removal of brush to allow for better visual line of sight • Associated costs will be invoiced and paid by the developer of Legacy North • Remington Park HOA and the developer of Legacy North will work together to gain appropriate needed approval by the City of Colleyville DRAINAGE AND GRADING: • The developer of the Legacy North neighborhood will provide engineering studies of the water flow/drainage of the neighborhood to the Remington Park HOA • Developer will consult with Hamilton and Associates to verify the neighborhood's ability to develop Legacy North in a fashion so that water flow/drainage will flow away from Remington Park homeowners MISCELLANEOUS: • Signage, similar to the sign used during the construction of The Legacy, will be placed on Lavaca Trail at the entrance into Remington Park prohibiting construction traffic • Developer will create a construction traffic management plan outlining the routes available for the delivery of construction materials for the construction trade from Precinct Line to Lavaca Trail, and provide that plan to the Remington Park HOA • Outdoor construction will be allowed from 7am-6pm daily This entirety of this agreement will be submitted in the Public Record through the City of Colleyville P&Z board. Agreement Between Rosewood Villas and Hat Creek Development Reizardinfi the Legacy North Development 1. Tree Preservation Zane Hat Creek Development will ensure that all existing trees on Legacy North ("LN") lots 6, 7, 8, 9 and 10 (based on the w Plat dated September 12, 2D18 and submitted to the City of Coileyville) within 20 feet of the common property line of Rosewood Villas HOA ("Rosevrood Villas") Legacy North are preserved and will reflect this preservation in the LN plat and deed restricttona- 2. Installation of Live Oaks Hat Creek Development ("Hat Creek") will install approximately thirty (30) Live Oak trees parallel to the southern property line of Rosewood Villas. a. The trees will be installed within 20 feet of the Rosewood Villas southern property line at approximately 2D-foot intervals beginning at the Legacy North ("LN") western property line and extending eastward to the Rosewood Villas eastern property line (approximately the midpoint of lot 10). b. The trees will be at least 4-inch caliper- r.. The trees will he planted as soon as practicable after installation of the Legacy North roads and utilities. d. The trees will be planted whether or not there is an existing tree at the specified interval, with the exception of a large native Pear tree on lot 9. In the event the Hat Creek landscaper determines that this Pear tree should be removed, or if this tree dies or. Is severely damaged prior to the occupancy of a home on this lot, Hat Creek will install a Live Oak tree (minimum 4-inch caliper) to replace it. e. The Hat Creek landscaper will provide a warranty to ensure prompt replacement of any tree that dies or is severely damaged, for any reason within a two-year period after planting, with a comparable tree. In addition, Hat Creek will replace any trees damaged during home construction with a comparable tree, regardless of the elapsed time since planting. I. The installation of these trees will be reflected in the LN plat and Hat Creek will ens;re that a deed restriction requiring ongoing maintenance of these trees and replacement of dead trees is included In the LN deed restrictions. These specifications may be adjusted slightly by Hat Creek based on field conditions after a consultation with Rosewood Villas HOA. 3. Installation of Shrubs Hat Creek will Install a tine of shrubs along the full length of the existing Rosewood Villas wrought iron fence running along the Rosewood Villas southern property line. Agreement _Between Rosewood Villas and Hat Creek Development Regarding the Legacy North Development a. The shrubs will be planted to create a "hedge" to minimize the visual impact of the LN homes from Rosewood Villas and provide privacy for the LN homeowners. b. The plant material used for this "hedge" will be selected by Hat Creek with the approval of Rosewood Villas. c. Hat Creek will modify the existing Rosewood Villas irrigation system along the Rosewood Villas southern property line to accommodate this "hedge". 1. The existing rotor heads will be relocated northward, beyond the hedge, to a point that will assure continued full coverage of the lawn areas now covered by these heads. if. A new drip irrigation line will be installed to Irrigate the "hedge". Tilts line will be installed as a separate zone on the appropriate Rosewood Villas controllerto allow a separate watering schedule for the "hedge". iii. Hat Creek will either employ the Rosewoocl Villas irrigation canWctor,Jose Leon, to perform this work or obtain his approval with respect to the planned modifications prior to begin ring any work. d. The Fiat Creek landscaper will provide a warrantyto ensure prompt replacement of any plants within the "hedge" that die within a two-year period after planting with a comparable plant. e. The Hat Creek irrigation contractor will provide Rosewood Villas with a full two-year parts and labor warranty to ensure proper operation of the mod ifled irrigation system. Damage to the system beyond the control of the contractor, Including but not limited to lawn mower damage, will not be included in the warranty. f. The irrigation system and the hedge will be the property of Rosewood villas. After the vrarramy period neither Hat Creek nor its landscaper will have responsibility for the hedge or the modified irrigation system. 4. Repair and Renovation of Rosewood Villas Wrought Iron Fence Hat Creek will repair any existing rust and damage to the existing ResewODd Villas wrought iron fence running along the Rosewood Villas southern property line_ After completion of these repairs Hat Creek will powder coat this fence in black. This work will be completed as soon as practicable and prior to installation of the "hedge". In addition, Hal Creek will install on the common property line of lot So {based on the LN Plat dated September 12, 2018 and submitted to the City of Colleyvillej an S-foot cedar fence In the same fashion as the wooden fence to be constructed to the east along the Remington park property line. Agreement Between Rosewood Villas and Hat Creek Development Regarding the Legacy North Development S. Rock Retaining Wall Hat Creek will verify the location of the existing rock retaining wall running along the southern property line of Rosewood Villas and identify any encroachments. If any encroachments are Identified, Hat Creek and Rosewood Villas will execute an agreement that will hold harmless the encroaching party and provide for the ongoing maintenance of this retaining wall. 6. TemporaryConstriction Fence As soon as practicable and prior to the start of construction activities, Hat Creek will install a temporary construction fence along the border of LN with Rosewood Villas to mitigate the flow of construction dust and debris onto Rosewood Villas property. It is anticipated that this fence will be chain link with a fabric overlay. 7. Legacy North Fencing Hat Creek will ensure that no fencing will be installed in an east -west direction on lots 6, 7, 8, 9 and 10 (based on the LN Plat dated September 12, 2018 and submitted to the City of Colleyvilla) within 20 feet of the northern property line of these lots, except for wrought Iron fencing required to secure a swimming pool. This restriction will also be included in the LN deed restrictions, which will require HOA approval of any such fencing prior to installation, S. Oremage Hat Creek will warrant that the existing Rosewood Villas drainage overflow onto LN lot 6 wili be connected to the main street drainage system of LN and that this overflow will continue to operate as originally designed. S. Legacy North Deed Restrictions a. Hat Creek will provide Rosewood Villas with a final copy of all LN deed restrictions and will ensure that the specific deed restrictions noted in this Agreement are not alterable by the LN HOA. b. All provisions of this Agreement will he included in the LN Deed Restrictions and will he separately enforceable bythe Rosewood Villas HOA. The LN Deed Restrictions will include a specific provision reitcOna the enlorcement rights of the Rosewood Villas HOA. c. Hat Creek will file the LN Deed Restrictions at the initial closing of the LN property. 10. Consideration in consideration of the above commitments by Hat Creek, Rosewood Villas agrees to fully and actively support Hat Creek's request to rezone the property located at 712 —190 Lavaca Trail, Colleyville, TX (City of Collcyvnle Zoning Case ZC18-033). Agreement Between Rosewood Villas and Hat Creek Development ReUrding the Legacy North Development 11, Entire Agreement This Agreement contains the entireagreement of the parties and there are no other promises or conditions in any contractor agreement whether oral or written concerning the subject matter of this Agreement. 12. Severabillty If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 13. Amendment ThiS Agreement may be modified oramended in writing, lithe writing is signed by each party. 14. Effective Data The terms of this Agreement shall be effective as of October 8, 2018, the date of the initial Cityof Colleyville Planning and Zoning Commission meeting considering Zoning Case ZC18-033. Agreed by: Kosse MaykAlEr'Alwit Hit Creek Development, developer of the proposed Legacy North neighborhood 7 G` t o V —� .{$"t^?A.. CAMELLIASCHWAPM I '' {r`.'a My M�Iary0#123T2M8 ti,%f-a;aci F�¢dae INKx nterS, M d z 41rv�I . Robert Longoria, President Rosewood Villas HOA PA10MA MAnCO f LAY cormissroe F%pNlS 7, OecemAer 19, 2018 REM INGTON PARK vB P3jtn}Wj TO: Kosse Maykus, Developer of Legacy Month ! P. femington Park, ColleyAle Our currentthirtkingr if has been the collective tcrntwibudons of several hoard members and homeowners of Remington Park to create and deliver ourthinking, suggestions, and desires. To ensure that Remington ft k homeo•ener value and neighborhood vague is rrlxirltainzd and,rnr lxsproud d, :ve request that the developer of Legacy North, Koss€ lwiay cus, arfinnatively embruee and approv*. the below mentioned points' PENCE. s Ta be installed along the entire northern bau rdaryof Legacy North adjoining Remington Park by the developer prior to the *Ymavation of dirt e so begin atthe western edge of RemingLon Par' Lot 11 {619 Terrace Lane) through the eastern edge of Lor 1.5, then wrop south through €oche southern boundary of Lot 18 (W9 Belmont Dave). o Will be waded. (cedar plank), dipped on top, and R' in height (simillarto scope army style of Legacy Estate Neighborhood). All meal poles to also be capped. a Exposed, rapped metal posts to be utilized with past exposure facing iedac-y North lots n Stain of wood ence will be nedliuln brown in color o Tear clown, removal and all costs associated with the existing fencer• on Remington Park properties ¢ rorn G03 to'519 Terrace Lane Will be the sole resporsSlb@ily of the lde xuloper of tegasy North and his chosen fence builder a d o sen fence removal and installation company %All proaddlvely comrnuni='-, with each impacted homeowner of Remington? Park asfol!oxs: a Fence removol ;arid installation will 4xich be managed at a rate of approximately 1 propeni' per day. c_x Written cotnni nRi tlon at Icasitw.o creeksprior to removal and installation of f mce indhc tirig the dap of reinown' and installation aiui contact inEormati or. o Chusen f Wince company regnr sentative will contact each homEosvres re onfirming the dateforfence remnvayinstaRation and contact irtfOrm.ation atleasi 5 &y, F riartcs removal and inmatlation o Fenn.,-alangthe east Side of he Legacy No,th nelghborhooa bzgiinn5ng atthe southern iioundarV of Lot 18 t509 Belmont Drive) will lie a wmuaht iron ferarf with the same 100% Peal, and functions as that currently [rislaUKI on the east side of the Legacy Estates neighborhood TREE PRESERVATION €ASEMENT! a Per obse,-kaiiun,dliscusslon,and prupo;mlbythe developerofc sacyNaiur,.veagt,x;tl,;ett,_ irnpo, tame. of tree preservation is necessary * Trcc PreservaBon Easement will bu a aunimum of 30' from tyre north side of Lcgac:y t•Sorh properly line with r.o removat of currently Ldeatffied trees unless ottiar, -i s stead D5•saloper of i dairy North wil I de]N er to Re ml nFt:on Park HOA the currer'.t tree preservation documant as present?': (or to be presented) tc the City or Collu-evule Legan North future fro teownar will be unable to hufhi any vnertical con tY69Gt on (attached or cnottached struc:urc) •within tiie identified 30 irrc Prnserva'ion Easement/ 6uil&ng line but will be allowed to construe a poet no down than 20' of the nurthem property line of Lvgao)' r4orth. laevelci"r of l,e6,aru NorLh, prism to the City of Calleyvilie approval, wiil deliver anew Plat with the newly arxep#ed 3(Y easement ha northern fence on Lot II), SlockA (Legacy' North) will be anowed thesame cerlat fence (adjacent -to Remington Dark and the Rmwood Villas). The duelope rwilt attemptto gain prrrnission Lo canstruetthe same cedar fence that is of lots 11-34, rthe balanm of tAi IQ, Block A Tree Preservation Easement agreem-ent arld associated components of the preservatlo n wi,l be memorialised in 3 ways: a Submitted in the Public Record through the City of Colleyville P&Z board Added to the deed & Restrictions and CC&R`s of the Legacy North neighborhood o Recognized as an tesr;nerr, on the Legacy North plat TRAIL INTERSEUIGN: o Regarding the trail sntersection of Rerrriington Park and Lavaca Trail, we agree fully iri'worlting vrith the dmelo pet of Legacy Narth 8 pntentia'1 so3tsiiotis to protect the neighbors of Remington Paris and those who have chosen to utifite the private trails, include but are riot limited to: o Adding reflective stripes anxif©r rvrnMe strips oil the Lavaca Trail road to indicate the trail crossing n Adding reflective strlpcs on the AenringtOn Park trail ind'scatingiha Lavaca frail road a Signage on Lavaca Trail indicating the appmaching hall and neighborhood o Removal of brush to allow for better visual WIC of sight Asmociated costs will be invoiced and p id by the developertr Lep2cy North a Remington Park HOA and the deve[OP r of Legacy NvrLh will Work together to gain approuriate needed approval by the City of Co31tyville DRAINAGE AND GRADING: e The developer of the Legacy North neighlyarhood swill provide enl ineerirtg studies of the tvaier flaw/drainage of the rrr: ghborhood to the Remington Park HOA Developer will co rtsu€t With Hamilton and Assodates to verlfy the neigh orhom rs abil Ily to develop Legapr North in a fash'son so that vtater flovildrainage twill flog away°corn Remington Park homeowners MISGELULNEOUS' 4 Signage, similar to the sign used durin„ the coristfuction at The Legacy, ��111 be placed on Lavaca Trait at the entrance into Remington Park prohibitingconstruttion Uaffir.. o Deveioperw'rll creaU2 a eorstrslction traffic. management plan outlining the routes available for the delivery of construction materials for the construcTion trade from Precinct Line to Lavaca Trail, and provide that plan to the € orningion Paris HOA a Outdoor construction will be allowed froin Tani -6pin daily This entirely of this agreementwill be submitted in the board. Record thrrsenh the city of C',plleyville P&L