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HomeMy WebLinkAboutOrdinances (O-02-1337.2)-05/07/2002 ORDINANCE 0-02-1337.2 AN ORDINANCE OF THE CITY OF COllEYVlllE, 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 0-02-1337.2 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 "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 0-02-1337.2 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. Se/Vice: 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 0-02-1337.2 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: a. Drive-through commercial uses where patrons remain in automobiles. Ordinance 0-02-1337.2 Page 5 of 14 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 (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% Coveraee Coveraee Max. Lot 90% Max. Lot 90% Coverage 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. Bldg. Bldg. Rear - Accy. 5' Rear - Accy. 5' Bide. Bide. Height Max. Heieht 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 s.f. 2. see Exhibit "F" for additional heiaht and use restrictions for certain areas 5. Special Use and Heiqht Conditions - The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one- half stories and the areas indicated with an uR" on Exhibit "F" shall be additionally limited to residential use only. Ordinance 0-02-1337.2 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. 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 Liqhtina - 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 the ground floor levels of these buildings shall be required to Ordinance 0-02-1337.2 Page 7 of 14 plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14. Awninqs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 15. Architectural Control Committee - The Property Owner's Association must create an Architectural Control Committee, which shall be 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 Night 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 0-02-1337.2 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 frontage Awnings & canopies 80% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches or less, it may be mounted at any height on the building fa9ade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach beyond 48 inches Eaves, cornices and From 8 feet to 15 feet above grade, one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3. Temporary structures in public right-of-way- The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit "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. Ordinance 0-02-1337.2 Page 9 of 14 3. Street Riqht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4. Sidewalks - Sidewalks shall be required for all lots in this development. 5. Garaqes/Accessorv Buildinqs - The walls ofthese 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 Sians - 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 Ordinance 0-02-1337.2 Page 10 of 14 sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council. 7. Street and Allev Design 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 Landscaoinq - 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 0-02-1337.2 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 reassess 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 reassess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. Ordinance 0-02-1337.2 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 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. Parking 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 0-02-1337.2 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 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 /? ~~'--p 2002. , ~ /~ '11) day of ~~ day of The second reading and public hearing being conducted on the ~ 2002. ATTEST: ~~ Cynthia Singleton, TR City Secretary ~Lc; Mayor Ordinance 0-02-1337.2 Page 14 of 14 TO FORM AND LEGALITY: Ro (. oster City Attorney EXHIBIT A --.---..----.-----~=__.__"- L I p~RI< Cl'r~ ~I ~ 1- \!J ~ CO · · , '" &0 C. d _ CENTIW.. ~ B.B. s\JI1"'~ a. "" 2'D" 0... 1. . o ,~/li fr.(')i@- ". '1 I .. Iff AI 'fl.. _ .i~~ iOII I ~ I ARI< ell" ~ ( · 1.1-I.1'~ ~ . r..1 ' II' ../~ YlRANDA IJf .~t~.(~~ ".'L'~"l ~ii ~EJ" ~ t~~ '. ~oM'n-~ It I ~. ~,. ~~~~ . r1\b ~~~l" ~"I '" ~ 2't!11!1. CO ~ 8:B~GI..1i .. ~ 6.a. :1JI11/e:~ t1~ PIA II" 1Jf" PIAlZA l.II 6. ".20 411 .. I~..l _ .. "1..1_ · ('3" I . _ ".... ~ 1_ Z .1: 1 .. I I.. IIIC 'ti.. J fo-: . ===~ 1~~ :;. fl' I "cIO~ ~I ~ -_ .. ~ . . (~' I ---- .. ... OJ 04'-- . ;:: ~ .. .~~1Ili1'=-5 ~ ~I" " I ft.., '-- . I-- .;:l ~OOI" ~ :- -..:.If ~ ~! ~ ~ I<RO(j~~ ~ -' ...,0 11 · - i ~ , ~ · . ~ib.. r 10... I ..4~~' ~ ,,._ ~v 00;;; I. " .. T --- · ..~.. I.. "f'. ~... . " ~-:: ~~ ':t~\l'if1 - -- : _^"O 1111_ ~':c \"': ~"~t~_. ;;! ot1Q ~\.. ... ....1."1.1 - ~ ~ t1"tlsr",Fl"t S ~ l~Etl€tl~ ..- 0 I, ~ I I.J. . ,I\. _ \ '2-~. · lU\ ~ J...~I/P_ ;;- - TO III 1". -= - )~~ I ll~~ r · COTTAGE _ LN WI . .. n . ..... . .--1> ..."- ,'" .... ...i; c?' . .... -"...~ . . .'" . ..71 . Location Map CASE # Z-D2-D1 0 - VIllage at Colleyvllle PUO.c Text Amendments lJ ~ " . . \ .., c~ . slJNf{ ~. ., .. EXHIBIT B PROPERTY DESCRIPTION TRACT-A- BeIng . net cll8nd ailuIIted In .. CIty cI CoIIeyviRe, TMMt County, Texas In ... B.B.B. & C.R.R. s..." AbstIw:l No. 208, -'d tnId being men pMtcuIarty deac:ribecl by..... Md boI.nds .. follows: BEGINNING.. P*t on IwIlppllWt w.t R.O.W. line cI PIunnt Run RoIId. being West. 25.00 feel tram the NaItheat COlT*' of . trw:l deeded to a VertIe .... BnMn nK1Gf1IecIln Volume 11772. PIIge 2184 cf.. Deed Records ~T__ Caunty. T....: THENCE South 00 degreeS 01 ......... 33 seconds Eaat. IlIang ..... IIpp8r8ftt West R.O.W. Ine. . cIist8nCe 01778.51"'10" SauIt1east c:arMr cI. tract cIaeded 10 Billy G. patty ... wIe, 8t*tIIr A. PeIy.. ..corded in Volume 3788, P8ge eo 01 AId DHd Records; THENCE South 89 degl.s 43 mnutea DO MCDIIda W... IMvIng IIIid .,....n1 Welt R.O.W. line ... along the SauIh ~ cI AId Petty hc:I . . dls1Mce 01214.81 feet; THENCE NcwIh 88 degnIea 25 rnkUea 37 MCOnda West. canlinuk1g along the $CUh line of _lei Petty tnlcl. . dl8t8nce or 100.43 feet; THENCE South 02 degnIes 15 mhIleI 00 secandI East. IIIang Ihe West line oland deeded to. NIIiarr 'TImatt1y McNoIky reconIed In VoIurM 8788, P8ge 503... Volume 1527. . dlst.Mce 011..20 feet THENCE NoI1h 88 degMH 48 mirU8s 23 IeCCInda east. 8lan1l" SGuIh line 01 aid McNosky net. . d...... cl190.5O" THENCE South 29 degrees 38 mfrRMs 20 I8COftds West. IeIwIng AId ScUh line 01 McHoUy Inlet end .... prapaeed prop.ty dWI....1Ine within l.GI1. Block ,. 111t CIty NationeI B-* of CoI1eyvtIIe .. rec:ot'ded In Volume -"12. Page 81 ellIIIId Deed RIICDRIs, . cIfataj ~ of 344.57 feet THENCE South 80 degrees 28 rnnut!H 00 ~ Eat. conlInuing IIIang AId ploposecI propeIty dhiskIn ,.... a cliIIMca 01253.30-"; THENCE Saulh 29 d.... 32 minutes 00 seconds Weal. ... CoIIeywIIIe IIouIeY...s (S.H. 28) . distance of 148.68 .eet; THENCE North 60 degreeII 28 mIrUIS 00 HCGndI West. ....ing uId CoIIeyvUIe BouIewrd. along the NoI1heast line 01 Lat , & 2. Block '. Kroger Addllion .. recarded In CllblMt A. SId. 1029 01 AId Deed Rec:onIs,. diatMce 01418.70 feet . THENCE North. along the East line 01 ukllcI 1 nt also along .. EaIIt line of Lal4R. Block 1, Krager AddIkln .. NClQIded In CebIneI A. SIde 1397 01 aid Deed Rec:an:ls. . distance 01499.21 feet THENCE North 8. d.... 41 n*1utH 00 ~ West, ..... .. North 1M 01 Forest Oak ~, . d1sW1ce 01414.85 feet to the SOUlhMtst c:omer 0I_1eI PeIly tract; THENCE Ncdt 00 degrees DO mimUl15 ucondI West. &long the West Une oIuId Petty tract. and .. Watlne 01 the foIowIng Dds, H8rotd .... ftIClOI'ded In VoItme 9320, Page 1849. Brwwford Pn '--dTfUIl, VOUnie 10481, Page 1250. BNGnO.IWJC~ G. McCullough. voeume 11772. Page 2174 & Volume 11772, Page 2170. aid Brown trad, . dlSWlCe 01773.75 feet \0 .. NorthNest camer fA said Brawn trIId; THENCE East, along the North line 01 said Brown Tract, . dilUnce 01919.00 feel to the POINT OF BEGINNING'" COI'UIning 20.38 ec:res or 18ncI. The above legal dacription was compHed and wrftlen hm Warmation oblIIInecI from TMM County Deed Recorda, Tarrant ApprWuI Distrld. CItJ 01 CohyvII. 8nd other scuces. Thi.1egaI deIaIfIUan Is 10 be used far zcnng purposes only Bnd II not to be relied upon _ . boundary survey cf 8nY type. EXHIBIT B PROPERlY DESCRIPTION TRACT ,- ~ng a trIct of land IftuaIed In .,. CIty of CoIllyville. T.,. County, Texas in the J. M. L.oaney SUMIy. Abltnld No. 838. uIcI trIICI being .. rarnIIInder net deeded to F~ Allan .. ..... Andrewll _ nardeclln VOlume .-s. Page 1780 of.. Deed Rec:ardl fiT..... County. T..... uld1nlct being mare particularly daaI:Mid .., ...... _ bcum II follows: BEGINNING at a paInl an the eppnnt EMt RO.W. Hne of Pleasant R\I1 R.... being the Southwell camer ~ . net d..dIId to. RIctwd p, Failor recardeclln VoUne 1085. P9 2173 or .... Deed Records of TM'Int Ccu1ty. Tu.; THENCE Soulh 87 __ 4S...... OO..candl Eat. along the SouIh line of uId Failor net end . tnICt deeded to .... apry _ reconIed In Vokne 12888. Page 138 of ukI Deed RecanII. . dilt8nce 01339.55 feet; THENCE SouIh 13 .....13 mhJta CO RCOndI weal,1Iano lie w.st 1M of. Inlet dHdect to Ch8rtes DtlvIdsan u AKlOItdMln Volume 7580. P8ge 1984 of uIcI Deed ~. n aIang .. Welt line of Lal1. Black 1. Foster ~ .. fWCCllded in VaIume 388- 142, p. 35 ol AId Deed R8c:anII, . clltInce of 374. t5 feat; THENCE South 87 .......45 ...... 00 I8CDIIdI e.a. along" SauIb line or IIkI Lot 1. BIca 1. . _a of 111.71 r.t. THENCE South 29 degralS 32 mIrUes 23 -=andI West.1IIont CalleyvMIe BouI4Mrd (S.H. 28) . dIatance 01317.22 feet; THENCE North De ""'129 mhItes 13 seaIIldI West.1it8vtng uId CoIIeyviIIe BouIIvenl. 8Iong the E8II1ne ~ Lal1. Block 1. Applebee's AdcIIion as recorded in CabIn8t A. SIkIe 3938 01..... Deed Reconts. . df_uea 01101.98 feet; .THENCE Nar1h 04 cIegren 33 ....... 00 MCDndI East. can1Inung IIIang the E8lIIIIne cf IIIId 1.011. Block 1. . dilt8nc:e or 13.04 feet THENCE SauIh M degrees 30 ...... 04 MCDnds west. .tang the North line aatd lot 1. BIocIc 1. a dbl8la of 212.53 feet; THENCE Narth 00 degRIIl 4S mnus 01 sec:ands E.... tIIong Aid Eat R.O.W. 1M at Pleasnt Run Ra.d. . cI..... of 508.00 feet to .. POINT OF BEGlNNNG Ind call8inlng 3.71.,. allInd. The above leglll ducrlptlan wu complied and wrftten hm Warmatian obt8Ined from T8rI'8I'll County Deed Rec:ard'. T.- AppralAI DlA1ct, CIty at ~-..iIIe and aIher IGUrC8I. lNs""" deIaIpIIan is to be a88d tar mnIng purpoIU anIJ Iftd Is not to be relied upon .. . baundary UWtJ of any type. EXHIBIT C Legend Ne - Neighborhood Center NG - Neighborhood General - J ,"--r-- ! i i i ! ! i i ......:_---..-----.-h- : ;.-'- I I . i I I I , . 1 i i j I ! ! i l: 0-89-11.1 exhibit ..cn I' I .. EXHIBIT D The VUlage at CoUeyville ~tatelllellt om...IDI 0blssIDl 1. The deveIopD1CDt should create a traditiaDal American or E\u~style village. Lib my traditiooal vilIap. it win coatam a variety of buiJ6in1 types and uses. The architectural style. of the project will be mmil~ to that of a Freuch or Italian village near the Meditemmeaa caul 2. The Villap at ConeyviUe will be vt/rY peclestrlan-friead1y. We believe that f'.fthlllleing pedestrian access to our shopa, .boutiques and restauraots will mmmi7Jl! their sales. Tberefore. we have desigoccl the village to slow trafIic: and eucourage people to park their vehicles and walk II'OUIId. 3. The builcJi..-, ..~ sidewalks 8DCl opeD spaces will be built on a humaD scale, DOt lID automobile or bighway.scale. Streets wiD be aarroWi sidewalks ~ama 8Dd building heipts will be limited '" allow natural light to the opeD areas. 4. Different uses within the same buildi"1 wiD be highly mcourapcl Siq1e-famiIy resi~ wiD be ccmst:nJC.ted above IIUID)' shops aDd oflica. ParkiDg requilaDents sbaIl be reduced since retail, office, resta1Il'IIlts and siDP-Camily resiclcnces need patkiDg .- different times. S. Each property owner ill The Vi1Ja&e sbaII be a member of The Villale Ownas' AssociatioD. IDe. Tbe Association shall collect dues fiom each property OWDCl' for IlIldscaping. mainten'~e, Village promotioas aDd events, cJlMlfti... RCUrity. JD8IketiD& architectun1 control and project administration. . 6. Most of the opt:D spaces will be public. B1J'....~ of public opeD spaces in The Vi1la&e include: pub. fountains, playgrounds, si~ parkiD& lots, stredS, pIOmeDldcs. aDd walkways. Tbe City of CoUeyville will own these public opeD spaces. The Village Ownasl Association will maintain the laadlcapiDs in aU of these public opeD spaces. The City of coneyvil1e wiD provide its normal city services to these open spaces. . 7. Please see tile attadaed "Deed Restrktlou ud 1AaiD1 Ordiauee" docuaeat. This document is hereby submitted so that its contents may become part of the PUD zoning ontinIIlce for which the developer is applying. We request tile assistance of the City staff and City attorney to legally transform this document into part of the zoning ordiDaDce. EXHIBIT D The Ylllage lit Colleyville n-.s.w.lIIU!Ilt SeIIedale The followiDg schedule is a rough approxi1Jldion of key dcve10pmcDt dates: .. . r t. ~I Approval: ~ 1998 2. Pndjftli~ Plat AppIoval: J-UIIY 1999 3. TIP AppIovII: February 1999 4. F'mal Plat Appmval: Aprill999 S. IDfrutr1Jctum CoastructioD Start: June 1999 6. IDfrat,ructure ConstrudioD Completion: FebrwIry 2000 7. IDitial Bui1diDp- Completion: September 2000 8. "Grand 0peaiD& CoJ.ebntian: DecaDb- 2000 Str -tal"""". 0._...." 1k projc:ct will be oWDCCl by a limited ~ with R.ealty Capital Corporation actiD& · tha . pDI!ftI parmer of the pIrtDaSbip. EXHIBIT E Note: Parking areas are circled I ~(/ -....-...-.... - J r..-'r. . i ! ! i i ... -...-...-..--....- i i ../.-_. . l' ! ! ! ! i ! i i I I ! ! i . I i II 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~___ ----..-- - --' '--=;:- - .. ,"-.. ',-. - - r - -- ", : '! ..- '.-,,' , .~ 'I . -~... "". :--" . -'-0-. --:--.. '......... ) \ Exhibit F Special H......t Conditions