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HomeMy WebLinkAboutOrdinances (O-02-1337)-05/07/2002 ORDINANCE 0-02-1337 AN ORDINANCE OF THE CITY OF COlLEYVILLE, TEXAS, AMENDING THE lAND DEVELOPMENT CODE OF THE CITY OF COllEYVlllE, 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-02-01 0; 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 COLLEYVlllE, 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 B 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 Page 2 of 13 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: Ordinance 0-02-1337 Page 3 of 13 (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. (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. 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. 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 (beer and wine sales), 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, Ordinance 0-02-1337 Page 4 of 13 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. 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. 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. 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. Ordinance 0-02-1337 Page 5 of 13 c. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. 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 (NG) Center Zone (NC) 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% Coveraoe Coverage Max. Lot 90% Max. Lot 90% Coveraoe Coverage Setbacks Front 0' min - 15' max. Front 0' min -15' max. Side 0' min - 15' max. Side 0' min -15' max. Rear - Main 5' min. Rear - Main 5'min. Bldo. Bldo. Rear - Accy. 5' Rear - Accy. 5' Blda. Bldg. Height Max. Heiaht 48 ft. or 3.5 stories Max. Height 48 ft. or 3.5 stories Notes: 1. the one-half story above third floor shall not exceed 400 sJ. 2. see Exhibit "F" for additional heioht and use restrictions for certain areas 5. Special Use and Height 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. Building 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. Ordinance 0-02-1337 Page 6 of 13 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, unless a roof terrace is constructed, then railings may be used which comply with Paragraph F, Balconies. 8. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 9. Buildinq Design 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. HV AC 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. 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. Il 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. Ordinance 0-02-1337 Page 7 of 13 14. 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. 15. 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. 16. Limitation on Late Niqht Hours of Operation - Businesses located within this PUD-C shall close not later than 10:30 p.m. on weekdays and Sundays, and 12:30 a.m. on Fridays and Saturdays. 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 E in lieu of any other open space requirements of the Colleyville Land Development Code. 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 Right-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. Ordinance 0-02-1337 Page 8 of 13 5. 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. 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 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 Ordinance 0-02-1337 Page 9 of 13 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. 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. Securitv Fencinq and Walls - as follows-:- 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. 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 the City owned park property, and d. a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. Ordinance 0-02-1337 Page 10 of 13 H. AMENITIES 1. Parks and Plavqrounds - All or 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. 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. 5. Street Siqns - Street signs shall be attached on the appropriate buildings at each intersection. The signs shall be placed 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 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. 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) Ordinance 0-02-1337 Page 11 of 13 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 ifthe 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 Page 12 of 13 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. Parking time limits shall be two hours for parallel parking spaces from 9:00 a.m. to 8:00 p.m. 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 / ~ ~ day of a~ 2002. -..... The second reading and public hearing being conducted on the ,>I, day of rY{~ 2002. ~~~~ Cynthia Singleton:TR~C J City Secretary CV~LGILLE: ~~rp ~ Mayor Ordinance 0-02-1337 Page 13 of 13 ;g;:ro FO~M AND LEGALITY: Os~ ster City Attorney f...:..~ :. -- - ~-~-~ i ~-:- .. . f OJ 3 I INl lILMlE "I~ -." " ,'fI\"L.. ...:;,:...;;:.;t~--- _.~" 3 \ 1.:~. ~,,/ p.p.K~ ~... pu"'" I~...'< -'.... ~ . -~ ,<" " ~,'" "~'l.l . ~ .:.. """"r-.~.~';' ~ 'U'~ .'. '.liI . . . ,-, ,.:.. . ,.,...J. ",,-f) ,~_. ....Ie ~. r:,M : -:1:~~ ' ,,;. ~E~:~ i"7. ,fr'" .:11 " r I .. - J:f' t1 L.J t L.' ~ . t.. ( ! .."J 'Uti ll, f.:=- EXHIBIT A .--~---..----.------~=-_.___._ L I. ,.. ...._ t- .....~1 M: .- ~--- pARK C1"f~ ~I " 7- (l/:Cj CO · · · · ~ T~~ "" 10 C. 'f _ a:..rfW. . ~ iIlIl '\' B. a. su~oJ~ 1 j a. p,' 'lrJU ..", 1 1 · · · 1 I 1 . · .I;1I..'j rr;-y..6. m'lII30 <'" l ')~ ... . , ARK Crl'f ~ ~ COLLEVVILLE T IF "'..A ... . - -=- . 1"1 · llfl r I.I~.I.I ../: :AII.t LN VlIlANDA LJI ik~~~ '''L'~''l .~b~r;]o~'~~-~ to I ~ ..j.~~~~'~~ ~.. II ~l" U..j ~ ".... ~~]..14 Jl . ~, PIAlIA 10M;: PIAZZA Llf OJ .. U..l _ _1..1_ 0\/:/0 CO """ ~ c. ~~. ~.B.a. su~oJ~~ p,-2" )o~. 'C"' : .~ Z I ,e I , r' l-" iii. · - : COTTAGE - LN lo:j t:- , · 'cl O~ }'~1\..' ~ . . C ':0' .- .. "4 - · ;:: ~ · "'~.. li!5" ... ~~... - . oj AOON ""'" ~ - II 8 _ > t:f\ ~ . ~ ~ ~ ~ " ~ KROG ~ ~ . ~ _o_a I ~ i -riA ~~l.....:. t...... · R---1~~~ ~ 1.._ ~~ ~....... -.:- ~ I.. .-p. .~.'. .... .... M: AT "'.. 1..1111C . .. = ?liV :; . ~.. .. . c x II , .. . ..~.. ;: lII'" .-.. l&J ....An tit... ~ o@ ~\...II ~ p,N9pP."i 5 ~E~~N~ .._. I, ~ . ~ ~ \ 'l tf1:. ....::.. l{%\ L J...~oJ~'( f ,"" L~ J:S~~E '" Ie p,.q:3 .... . 'ip.~~c.~ 1 ~ .;,~ Q>~ C~ \ \..\..'t- .:iY Of ,cc.i-J t CO\..... ~ ~/ ,.' ~ "'co ..... lJ I: .~~P~ 11'''1 >- I N~~... _ j-" M'_L\ ~.~.r 1'-- :.':.. . ~ ,,\ TltJ.I.l'1 .c . ~.'."{~ ~ a 'f~ ~. ~ / I~'\e( /_ p~s! ~!Jl_1 /~I D O~ ~4~~ · 8~ ~II ~. 1 I ..tllo I.ec ,. ,.... t.eD. of I..... . I . , .... ..i. . \ A .Il tAi . S\JN~ ,. . -;;;--L ., Location Map CASE # Z-02-o10 - Village at Colleyvllle PUO.c Text Amendments EXHIBIT B PROPERTY DESCRIPTION TRACT-A- BeIng a nc:a ~ I8nd du8ted In the CIty f1f CoIIeyvilte, T__ c.ny, Texuln'" B.B.B. & C.R.R. Survey, AbstrIId No. 206. ... tract being mare pIIIttaMrty c:IMcribed by ..... 8ftCI bou'Ids .. follows: BEGINNING. a paIN on1h81lpp1fWl Wast R.O.W. line ~ PIuAnt Run Raed. being West. 25.00 feet from the NclrIheat c:onw of a net deeded to. VerIe L.. BRMn recarded In VOlume 11712. Page 2164 af.. Deed Records ofT__ Ccu1Iy. T....: THENCE South 00 deor-s 01 mInules 33 seconds Ealt,1Iang UId ........~ West R.O.W. 1In8, . cIst8nCe 01778.58 ... to the SauIhe8St comw cia trac:t dMded II) BIIy G. petty .... wife, ShIrt8y A. PeIly _ nICDI'ded in Volume 3788. PaIge eo of... DMd Recorda; THENCE South 89 degrees 43 minutes 00 HCDnds W... IuvIng said ~II West R.O.W. line ... along the SouIh ~ of uId Petty net , a distance of 214.81 feet: THENCE Nafth 88 ctegreas 25 minutes 37 seconds West. conlIfUng a1ang the $OUlh I'" of _lei petty tract. . c:Uatance of 100.43 feet THENCE South 02 degrees 15 nnMs 00 seconds East. .-ana the W8sl11ne da hd cIHded to a NI/Iratry TtmaI1y McNoIky reconIed in VoUne 1786. P-ae 603... Volume 1527, a clsUnca d15S.20 foet; THENCE North 88 degMH 48 minuI8s 23 IeCCInds east. Mlnll" South line clalel McNosky 1raCt, a d~ ~ 110.50 feet; THENCE South 29 degrees 39 minuteS 20 Iecond8 West. IeIwIng said ScUh line 01 McNoMy tract 8nd .... popaeed P'OI*tr dMlIOn line within Lal1, Block ,. 1st CIt1 NatIanIlI B" of CoII81YIIe" rec;arded rnVoturM 388-182. P8ge 81 of uk! Deed RtlCDRIs. a cb18f1Ca af 344.57 feet; THENCE South 60 d..... 28 mInulR 00 second. Eest. canlInuing along MId proposed property dIvistan line. a d...... of 253.30 filet; THENCE South 29 deg,... 32 minutes 00 seconds West. .... CoIeyvIlIe BouJav8rd (S.H. 26) . dist8nce of 148.68 feet; THENCE Nor1h 60 degrees 28 mInuIeS 00 seconds west, lelwing MId CoUeyvUIe Boulevard, IIIong the NoI1hetlst line oJ tat 1 .. 2. Block 1, Krogw Addition as recorded In Ceblnet A. SlIde 1029 cI AId Deed Rec:onIs.. dlatMCe oJ 418.70 feet . THENCE North, along the Eat fine ~ uid ltIl 1 n.aso along .. Eat line of lal4R, Block 1, Kroger Addllan .. ~dMlln CabInet A. Side 1397 oJ said Deed Records. a dlslanCe of 499.21 fMt; THENCE Narth 89 degreeS 41 rnirUltS 00 RCIOnCIS West, ..... .. Nartb line of Forest Oak lAne, . dlstanc:e of 414.65 feet to the SouIhw8St c:onwr of said PeIly net, THENCE Narl'l00 degreeS 00 ninuteI 15 MCOndI West. along the Welt Une of uId Petty tract. and the west line ~ the foIowIng nets, H8rotd .... recarded In Vokme 9320, P-ae 1649. EnnsfaRII Park l.-.I Trust. Volume 10481, P8Q8 1250. Bn.aon O. And C.raI G. Mc:CuMaugh, VOlUme 11772. Pege 2174 .. Volume 11772, p. 2170, lI8ld Brown trad, a distance fA 773.75 feet to Ihe Nortt'teveSt caner ~ said Brown tract; THENCE East, 8long the North In. of aid Brown Tract. . clst8nce of 919.00 feet to the POINT OF BEGINNING 8nd c:onlU1ing 20.38 ec:res of land. The above lepI desc:liption 'MIS complied 8nd written from Infomllltion abtaIned from TMn County Deed Records, TM'8nt ApprWuI Dlstrk:l. CIty of CoIeyvII. 8nd other IOW'C8s. This legal descriplkJn Is to be used far zoning purposes only Bnd ts not to be relied upon as . boundary survey cf eny type. EXHIBIT B PROPERlY DESCRIPTION TRACT T Bet.. a trIIc::t d IMd IiUIed In the City of CoIleyvile. TanwtI County. Texas in the J. M. Loaney Survey. Abltnlcl No. 836. IIlId IrKt being .. remIlInder net deeded to FOIter Man .. Jean Andrnns - rwc:orded In VaUne 8885. Page 1780 of III Deed Records ofT..... County. T.... uld trIIc:l being mare pMICutMy dacribiId bJ ....... bounds . roaow.: BEGtNNlNG . . poIN an the ..... Eatt R.O.W. Hne d PIMuIIt Run Rom. being the ~ comer or . net dllded to . RIdwd P. Fillai' NC:iOf'ded In Vobne lOllS, PIge 2173 of the Deed Records of Tarra County. TexM: THENCE SouIh 87 __ 45....... 00 secands East. along .. South Rne of uld Failor net and a tnId deeded to Jane O'pry _ recorded In VoUne 12888. p-. 138 01 MId Deed Rec:ardI. . distance of 331.55 feet THENCE South 13 d.....,3 rnIIUaOO I8CiOI1dI W8Il, ....theWest lneolatnlct deeded to Ch8rtes DIMdMIn _ nICOfded In VoUne 7580, ~ 1884 01... DeId R8ccIrca IIIICI MJng .. West line 01 lilt " Black ,. Foster AddIUon .. rac:arded in VobM __ 142. p.. 35 or uld Deed Rec:antI, . dlltInce of 374. t5" THENCE SOUIh 87 '....... 4S ....... 00 I8CXMlda East. along" SauIt\ tine of laid Lot " BIDc:k 1.. disIaIlCI d 111.71 '-t. THENCE Sauth 29 __.. 32 minutes 23 IICCH1dI West,1IIonO CaUIIyv." BauItMrd (S.H. 28) . distance 01317.22 feet; THENCE North 01 degrees 29 minutes 13 leal_ West. IiI8ving said CoIIeyvUIe BouIIvn. along the E-.l1Ine 01 Lat " Block " AppIBee" Addition as recorded In c.biMt A. SHde 3939 or..... Deed ReconIS, a dl8t8nce at 108.98 feet; THENCE NarttI 04 degrees 33 "*Ues 00 ucands East, c:antinuIng atang the East line of utd lot 1. Block '. . dlll8nce 0163.04 feet; THENCE Scuh 84 degrees 30 InIfUes 04 -=onds West. .tang the North line utd Lot '. Block '. a dlslMCe d 212.53 fHt THENCE North 00 degrees 45 mIrUu 01 aecands East. 8IcIng said Eat R.O.W. ... of PIea.nt Run Road, . ~ at SOB.OO feet to 1M POINT OF BEGlNNNG Ind conIakIIng 3. 7111Cn1S of IInd. The above lepl descripllan WM campilecl and written tram Inform8tian obUined from T.... CounIJ Deed Recorda, T...... App1IIuI DlstricI, CIty of CoIIe)..... and other ~ ThIs legal deIaipIIan is to be ... for zanIng purpoIU ..., ... Is not to be relied upon .. . baundllfY ..vey of ~ type. EXHIBIT C Legend Ne - Neighborhood Center NG - Neighborhood General - J ".--;- ! ! i .._n-..-------h- .,..._./. I . ! ! I ! i i I l 0-99-1141 exhibit "C" I' I .. EXHIBIT D The ViUllge at CoUeyville ~tatelDellt o(PI...lal Qbledives 1. The deveIoplDCllt should create a traditiQul American or E\u~style village. Lib any traditioDal viIlase. it win contain a vuiety of buildiDa types and uses. The II'Chitectural style of the project will be similll' to that of a French or Italian village near the MeditemmeaD coast. 2. The Vi1Iap at ColleyviUe will be vt/lY pedestrian-frieoclly. We believe that ~hpeing pedestrian access to our ahopa, 'boutiques and restaUl'8Dtl will mpimi~ their sales. 'Iben:foro, we have designed the villap to slow tnfJic and encourage people to padt their vehicles 8Dd walk around. 3. The ~ .eets, sidewalks and opeD spaces will be built on a humaD scale, not 8Jl automobile or bipwaylC8le. Streets wiD be narrow; sidewalks ~~ aDd building heights will be limited ~ allow natural light to the opeD areas. 4. Di.fIerent uses within the same build'''1 wiD be highlyeacouraged. Sinpo-famiIy resideDces win be ccmstructed above many shops and oflica. PukiDg requirements shall be reduced since retail, ofli~ restaurants aDd single-family residences need parIdDg III diffarcot times. s. EKh propertyOWDeI' b11be Village sba1l be a member ofThc Village Owncn' AssociatioD. IDe. The Association shall colleet dues from each property OWDCr for 1andscapin&. maiD~~ Village promotiona and ovmts, e)l!Afting. security. 1D8Iketing. an:bitcctunl control and project administration. - 6. Most of the opeD spaces will be public. Bx~~ of public: opal spaces in The Village include: parks. f'ouDtaiua, playgrounds. si~ parkin& lots. stredS. proIDeudes. IIDd walkways. Tbe City of CoUayville will own these puhlic opeD spaces. The Village Owners' Association will maintain the lmdscapiDg in all of these public open spICCS. The City of Coneyvil1e will provide its normal city services to these open spaces. . 7. PIuse see tile attaebed "Deed Restrlctlou ad J.oaIaI Onliauce" docaaeat. 'Ibis document is 1u:rcby submitted so that its contents may become part of the PUD zoning ordilUllQ Cor whieb the developer is applying. We n:quest the usiataDce of the City staff and City attorney to legally transform this document into part of the zoning ontinaDce. EXHIBIT D The Vdlage lit Colleyville DeveIeD--t SeIled.1e Tbc following schedule is a rough ~ox.i~nn of key dcve10pmat dates: .' .. .. 1. ZoDiD& Appnml: December 1998 2. Prelim,..., Plat Approval: IIDW11Y 1999 3. TIP Appnml: FebnJary 1999 4. F'mal Plat Approval: Aprill999 s. IDfrutru,ct.me CoaatruCtioa Start: Juoc 1999 6. lDfrutructure CoastructiOll Completion: February 2000 7. Initial BuilctiDp. Completion: ScptaDber 2000 8. 'GnDd ()peai.D& Celebration: ~ 2000 Sta--....t or........ n......., ". project wiD be owned by a limited p8rtDmbip, with Realty Capital CorponIion actiD& u the: , punI pm1Der oftbe partncnhip. EXHIBIT E Note: Parking areas are circled l I ~~/ ~~ I 1- . i · ~8J J I - J r----f"- i ! i i i i ., _.._..._..._-~-- i i .......--. . lo"'" ! ! ! ! i i . . ! ! i i i i i : 0....11..1 exhibit lIE" EXHIBIT F Special Height Conditions The Village at Colleyville 00 Buildings restricted to 2% stories in height and residential use ~ Buildings restricted to 2% stories'in height. second floor and above can be office use or residential use only ) , ---- -------___.l..__ --...-..-. ....--.... --- '~..:-_-~. :'~... .,_- -.., .....7" - .- ......., .. ,f " '- " . -"~;' '. ":\. ...~~, ~ '......... ) \ Exhibit F Special Height Conditions