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HomeMy WebLinkAboutOrdinances (O-02-1337.1)-05/07/2002 ORDINANCE 0-02-1337.1 AN ORDINANCE OF THE CITY OF COllEYVllLE, 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-02-01 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 0-02-1337.1 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 "Ne". 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 "Oil. 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 0-02-1337.1 Page 3 of 14 (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 0-02-1337.1 Page 4 of 14 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. e. parking garages containing-more than six parking spaces. f. Sale of alcoholic beverages on-premises or off-premises 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: Ordinance 0-02-1337.1 Page 5 of 14 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 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 ING) Center Zone INC) Lot Min. Area 2.600 sJ. Min. Area 2 600 sJ. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Coveraoe Coveraoe Max. Lot 90% Max. Lot 90% Coveraoe Covernoe 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. Blda. Blda. Rear - Accy. 5' Rear - Accy. 5' Bldo. Blda. Height Max. Heioht 48 ft. or 3.5 stories Max. Heioht 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 heiQht 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 uR" on Exhibit F shall be additionally limited to residential use only. Ordinance 0-02-1337.1 Page 6 of 14 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, 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 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. Landscapinq - 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 Ordinance 0-02-1337.1 Page 7 of 14 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, ifthose 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 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 10:30 p.m. on weekdays and Sundays, and 12:30 a.m. on Fridays and Saturdays. 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 0-02-1337.1 Page 8 of 14 Right-of-way 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 feet clearance over vehicle area 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 bevond 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 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-Way Widths - These shall be established upon approval of the Final Plat using the street and alley design Ordinance 0-02-1337.1 Page 9 of 14 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 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 Ordinance 0-02-1337.1 Page 10 of 14 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. 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 - 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 Ordinance 0-02-1337.1 Page 11 of 14 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 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 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 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. Ordinance 0-02-1337.1 Page 12 of 14 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 0-02-1337.1 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. 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 ofthe 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 ~ 2002. The second reading and public hearing being conducted on the '1ft ~ 2002. A~Y4- %~ Cynthia Singleton, TRMC City Secretary / ~ 'If, 7'>7) day of day of CITn:~;:JW~ Mayor Ordinance 0-02-1337.1 Page 14 of 14 APPROVED AS TO FORM AND LEGALITY: f;W- City Attorney EXHIBIT A ,.", p~RK Cl.~ ~I '" '? \b ~ CO r "c. a.B.a. slJfl"~ Fo-2'IJv I - ~~~' ~... 1 C'~':J1..r.;~ Of ,~i\j\\..\..\:.. f" CO\,,\' ~ Cl';"'~ ~ '.3D 1". M: . 5 '" _ 2 \be flfl. CO ~ .... a.a.a'slJfl"€Y A.Z06 CASE #Z-G2-G10 _ Villa location Map ge at Colleyvllle PUDoC T '. ext Amendments EXHIBIT B PROPeRTY DESCRIPTION TRACT -A- BeIng . net ofl8nd sIluated In the City of CoIIeyville, T....m County, Texas'" ... B.B.B. & C.R.R. SUNey, Abstract No. 208, Mid ad being mare p81tk:ut8rty deac:ribed by ..... Md bounds .. follows: BEGINNING. . pakt onlwllppllWl Wall R.O.W. Itne of P....... Run Ro8d, being West. 25.00 feet tram the Northeat COlT*' of . tr8Cl deeded to. VertIe L_ 8RMn recorded In Volume 11772, Page 2164 of.. Deed Records ofT__ County. Texas; THENCE South 00 degrees 01 mIna*s 33 secands EMt. IIIong uId .....It West R.O.W. IIn8. . dIst8nce of778.5II....to the SouIheut c:anw of.1nIet dHded tD BIIy G. petty and wife, 8t*t8y It.. PeIly.. reawded In Volume 3718. P8ge eo oflakl DHd Recon:Is: THENCE South 89 degrees 43 mInulea 00 aecands W.... IeIlvIng Mid .,...11 w.t R.O.W. tine .... lIIong .. SauIh ~ oflllkl Petty net , e ell.... ol214.81 feet; THENCE Naf1h 88 degrees 25 minuIea 37 second. West. conUnuing along the $CMh line of said petty tract. . dlaWM:e of 100.43 '-t; THENCE SOUIh 02 degrees 15 mIrU.. 00 seconds Eat, .. Ih8 WMlIIne cia tnK::t deedad to . NI/iw:Itrt TtrnaI1y McHoIky reconIecIln VoUne 8786, P-ae 503 and Volume 1527, a distance ol158.20 feet; THENCE North 88 degMes 48 minuI8s 23 aeconds East. alanD" SouIh line of ..Id McNosky trIld, . d...... of 190.50 feet THENCE South 29 ....... 39 minuteS 20 I8CDI'IdII West. leaving Mid s.Mh line of Mc:Nosky 1nIct and 8Iang. prapoMd property dMlIan line wllhln Lal1. Block 1, 1st CIty NaUaneI B8f1k of CoIIeyYIIe .. recorded In VOUNt 38&-182, Page 81 aI MId Deed RIlCGrds, . cIIat8nce of 344.57 feet; THENCE South 60 degrees 28 mInubR 00 second. East. conttrUng elang AId proposed property dMsIan H.... e cIi.-.:e al253.30 fMt THENCE South 29 d.... 32 mInut.. 00 sec:ands Wast. along CoIIeyviIIe BouIanrd (S.H. 26) a dis1anCe of 148.68 feet; THENCE Ncd\ 60 degrees 28 mInuteS 00 seconds West. laving seId CoIIeyvUIe BouIeYWd, atong the Nor1hHst line 01 Lat 1 & 2, Block " Kroger AddIUon as recaded In Cllblnet A. SId. 1029 01 S8Id Deed Records. . distMCe of 418.70 feet . THENCE NorO'I, akM1g the Eat line 01 MIld Lat 1 and"so 8Iang the e... line of Lat 4R. Block " KRIger Addllc:ln .. NODnIed In CebInet A. SlIde 1397 of Aid Deed Recard., . distanCe of 499.21 feel; THENCE Narth 89 degrees 41 mInMs 00 ACIOnds West, ... .. North Ine of Forest Oak lAne. . d1st8nce of 414.65 feel to the SouI1w8St c:orMf' clseld Pelly tract, THENCE ~ CO degrees CO mInuleI15 MCOnds West. along the West Une c11181d PeUy tract. and .. W.. Dna of U1e following DdS, )WaId .... recorded In Vokme 9320. Page 1649. BrwwfaRI P8rk lM1d TRIll, V0Un810481, P-oe 1250. ElMan D. And Carol G. McCullough, voeume 11772. Pegtt 2174 . Votume 11772. Page 2170. ald Brown tnId, . dlsWnce c:6 773.75 feet \0 the Nor1hweIt CIClf'*' cI said Brown net; THENCE East, along the North In. 01 said Bn:awn Tract. . dilUnce cl818.oo feel to the POINT OF BEGINNING 8nd cont8JnIng 20.38 acres of lend. The above legal delcliption was campOed end wrMen from Worm8tion obbIIned from T..-d County Deed Records. TMant AppraiMI Distrld. City of CohyvII. ... other DRU. TN. tegat desc::r\fIUon Is \0 be used for ZClMIg purposes only end II not \0 be Ie"" upon as . boundary IUI'Y8Y 01 Wf'f type. EXHIBIT B PROPERlY oeSCRIPTlON TRACT T BeIng . trIIct of LwId IIUIed In the City of Col~lIe. T....,. county, Texas in the J. M. L.aaney survey. Abltnlct No. 838. IIIId trIICI being _ rwnIlInder net deeded to FOIter Allan MId ..... And,.,... recordeclln VOlume 8885, PIIge 1790 01... Deed Rec:ards ofT...... County. Tea,. IlIId trIICt being mare pMIeuIMy cIaaibed .., ...... .. bowtda IS follows: BEGINNING . . paIN an the eppIrWIt IEIIt R.O.W. line of PIe..... Run R_. being the SouIhwest camer of . net d"ded to. Rk:tw'CI P. Flilor NCaf'ded in Vobne 8085. P9 2173 of the Deed Records of T__ CcuIty. Texa: THENCE Soulh 87 degI- 45..... 00 IICOndS e.t. along .. South Hne of uId Failor trKt and. tnId deeded to..... O'pry _ recorded In Volume 12888. P8ge 138 of uId Deed RecardI. . distance of 339.55 feet; THENCE South 13 d..... 13 mInutn CO MCDIIdI weal. 8Iang the West Ine oIa1nlct dHcIed to ChMes DIMdIIan _ AICDRIed In Volume 7590. Pap 1984 of RId Deed RIaIrda nI along .. West line 01 Lat 1. Black 1. Foster AddItIon .. rwcanIed in v-... 388- 142, Page 35 of uld Deed RecanII. a IIIt8nce 01374. t5 feat: THENCE South 87 ... II 4S ....... 00 I8COI1dI East. along .. South line 01 Ukt Lot '. Block 1,. di.... of 111.71 fMt, THENCE South 29 __.. 32 mirUes 23 secandS Wesl.1IIonO CoIIeyv." BauIedrd (S.H. 28) . dIat8nce 01317.22 feet; THENCE North oe degrees 29 mB1utes 13 IeCOIIdI West.1it8vIng IIlid CoIIeyviIIe 8ouIevMI, along the EalllIIne of Lot 1. Block 1, Applebee', AdcIIion .s recorded in C8bIn8t A. SIkte 3939 of aid Deed Recon:Is, a ell_tea 01108.98 feet; .THENCE North 04 degrees 33 ....... 00 MCDndI East. can1inUng along the East line " AId lot 1. Block '. . dillanc:e 0163.04 feet; THENCE SauIh M degrees 30 ..... 04 IeCOnds West, IIIongthe North line MId lot 1. Block 1.. diStMCe d 212.53 feet; THENCE North 00 degntes 45 mhUI 08 MCCIIlds East. aIanO said &It R.O.W. ... of PIe...nt Run RaIId. . dI.e.a d SOI.OO feet &0 .. POINT OF BEGlNNNG 8ncI containing 3.71 acres of 1Ind. The above leglll dHCriptlan ... compiled and wrttten from iI'fann8Iian abUined from TMInl County Deed Records. T__ ApfnIuI DlA1cl, CIty 01 Cc*)'" Md other ICUC8S. Thla..... deIGIpIIon is to be ... for mnIng purpoMa antr Iftd is not to be relied upon .. . boundary ...., 01." type. EXHIBIT C Legend Ne - Neighborhood Center NG - Neighborhood General I . - J r"--r- I ! i i . . ! i i i ......:-..-..----..-..-. : lo"" ! ! . ! i ! i i i II I j ! , i i i ! : i l: 0-89-11.1 Exhibit "e" a, I .. EXHIBIT D The VUlage at CoUeyville ~tatelll_t of .'...IDt!. Objectives 1. The developlDCDt should create a traditional American or European-style village. Like any traditicmal vi11ap, it will contain a variety of buildiq types mcl uses. The architectural style. of the project will be similtZ to that of a French or Italian villap near the McditemneaD caul 2. The Villap at CoUeyville will be vtIr'J pedestrian-friendly. We believe that ~h~iDg pedestrian access to our shopI. 'boutiques and restaurants will muimiom their sales. Tbaefore, we have designed the viIlap to slow traffic and encourage people to pIIk their vehicles and walt around. 3. The buikJinp, Dkeets, sidewalks aDd opeD spaces wiD bf: built on a human scale, not an automobile or hishwaysc;ale. Streets will be nauow; sidewalks ~aw. md buildi1\1 heights will be limited '" allow naturalligbt to the opeD areas. 4. Different uses within the same building will be highly encouraged. Sin&1~family residences wiD be ccmstIUCted above maD)' shops mcl offices. ParkiDg requiraDmts shall be reduced since retail, ofti~ restaurants and single-family residences oeecl parIdDg III ctiffa:eDt times. S. Each pr~ owna' .n The Village sba1l be a member of The VilJaae Owners' Associatiou. Inc. Tbr: Association shall collect dues from each property OWDCl' for lmdscaping, maintf'!l'ltnV!e., Village promotiODl ancllmDts, cl~g. security, nwketin& architectural control and project administration. - 6. Most of the opeD spaa:es will be public. R'1fsmq.~ of public opeD spaces in The Vi1la&e include: pIIb. fouDtaiDs, playgrounds, siclcwalks; parkins lots, streets, promezt-des. and walkways. The City of Col1eyviUe will own theBe public opeIl spaces. The Village Owners' Association win maintain the tandlelping in all of these public opeD spaces. The City of CoUeyvil1e will provide its normal city services to these open spaces. . 7. Please see tile auaelaed. "Deed RestrIctioDI ad 1AaiD1 0nIiaaIIce" doc.meat This document is hereby submitted so that its contents may become part of the PUD zoning orditPnee for which the developer is applying. We request the assistance of tho City staff and City attorney to lepUy transform this document into part ofthc zoning ooIinaDce. EXHIBIT D The Village at Colleyville peveIMI__t Sdledde 1bc following schedule is a rouP appIOxPation ofay dcvelopmcDt dates: .' a r 1. ZoDiD& Approval: Decamba' 1998 2. PreliJn;...y Plat Approval: 11DU11Y 1999 3. TIF Approval: Febru8Iy 1999 4. F'mal Plat Approval: Aprill999 s. IDfrutructure CoastructioD Start: 1une 1999 6. InfnsI:rudDre Coa.strudioD Completion: FdmuIry 2000 7. IDitial BuiktiDpW Completion: ScptImbca" 2000 8. "Grand 0peuiDs CelebndiOll: Dec~ 2000 Snt----t 01........ Ow_an.. The project will be owned by a limited partnenbip, with R.ealty Capital CorpontioD actiD& .. the " panI partner of the partnership. EXHIBIT E Note: Parking areas are circled ~~ 1- . ; I ~8J} I _I ~f/ ! ! i I i II 0....1141 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 ) -- --------______1 ---'-.'-, ....-..- --' .~ - .. ,.:..:.... ','. . , ;;:9- - -- . ~....... .<...... ,'":,{ ..... -- .', . _.,~ ;" -"~\. "'~ ~:" ) \ Exhibit F Special Height Conditions