HomeMy WebLinkAboutOrdinances (O-02-1337.3)-09/03/2002
ORDINANCE 0-02-1337.3
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY
AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, an application for a zoning district change was filed by Richard Myers on
February 28, 2002, under Case Number Z-02-01 0; and
WHEREAS, the City of Colleyville has complied with the notification requirements ofthe
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 0-02-1337.3
Page 2 of 14
C. NEIGHBORHOOD AREAS
This Planned Unit Development is hereby divided into two
neighborhood areas. The boundaries of the neighborhood areas
are shown on the attached Exhibit "C". The neighborhood areas
and their symbol designations are described as follows:
Neiqhborhood Center - The Neighborhood Center area shall serve
as the commercial and business focal point of the development with
a limited amount of area used for residential purposes. The
Neighborhood Center area shall be designated with the letters "NC".
Neiqhborhood General. The Neighborhood General area shall
serve as a secondary area for commercial and business activities of
the development and may have a higher percentage of residential
dwellings than the Neighborhood Center area. The Neighborhood
General area shall be designated with the letters "NG".
D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT
SCHEDULE
The Statement of Planning Objectives and Development Schedule
are attached as Exhibit "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:
(1) NC Area: A maximum of 20% of the building sites in the
Neighborhood Center area may contain a single-family
Ordinance 0-02-1337.3
Page 3 of 14
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, drug stores, bagel or doughnut shops, and soda fountain
shops.
e. Entertainment: Entertainment venues including movie
theatres, provided the total number of all movie screens does
not exceed four; playhouses, comedy clubs, and jazz/music
clubs.
f. Office: Business offices including, but not limited to, software
design firms, business consulting, security and commodity
brokerage, general business offices, real estate sales, insurance
sales, advertising, mailing and stenographic services,
professional offices for lawyers, engineers, architects, doctors,
dentists, psychiatrists, accountants, investment advisors,
orthodontists, or other office related businesses.
Ordinance 0-02-1337.3
Page 4 of 14
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.
n. Outdoor seating areas for food, lodging or entertainment
uses.
o. A Special Use Permit for alcoholic beverage sales for on-
premise consumption in conjunction with a restaurant use.
p. A Special Use Permit for alcoholic beverage sales for off-
premise consumption for a grocery store, specialty wine shop or
gourmet food store)
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.
Ordinance 0-02-1337.3
Page 5 of 14
3. Prohibited Uses - The following uses shall be prohibited within
this planned unit development:
a. Drive-through commercial uses where patrons remain in
automobiles.
b. Vending machines, except within buildings.
c. Retail uses containing more than 30,000 square feet 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 materfals.
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%
Coverage Coveraoe
Max. Lot 90% Max. Lot 90%
Coverage Coveraae
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. Bide.
Rear - Accy. 5' Rear - Accy. 5'
Bldo. Bldo.
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 s.f.
2. see Exhibit "F" for additional heiaht and use restrictions for certain areas
Ordinance 0-02-1337.3
Page 6 of 14
5. Special Use and Heiqht Conditions - The areas indicated on
Exhibit "F" shall be limited to a maximum height of two and one-
half stories and the areas indicated with an "R" on Exhibit "F"
shall be additionally limited to residential use only.
6. Buildinq Exteriors - The exposed exterior walls of each building
must contain 100% masonry. For purpose of this ordinance,
masonry shall consist of any combination of brick, stone, faux-
stone, stucco or faux-stucco.
7. Roofinq - If a flat roof is constructed, all sides of the building
shall have a mansard or built-up parapet wall roof at least four
feet (4') in height, which shall simulate the look of a pitched roof
from street level, 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,
Ordinance 0-02-1337.3
Page 7 of 14
Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum
of 25% of the building sites shall be required to install and
maintain a 24" wide planting area (at least 8 feet long) in the
setback between their building and the sidewalk. The owners of
the ground floor levels of these buildings shall be required to
plant, irrigate and maintain flowers, vines or shrubs in those
areas. In addition, any roof terraces shall contain at least two
irrigated, potted shrubs or trees. Building site owners shall plant
and maintain one approved tree in their backyard.
14. Awninqs - Buildings with commercial uses on the ground level
shall install awnings over all windows on the ground level that
front public sidewalks, if those buildings contain a residential use
above the ground level.
15. Architectural Control Committee - The Property Owner's
Association must create an Architectural Control Committee,
which shall be 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.
17. Special Use Permit Time Limits - The special use permit
required for alcoholic beverage sales for on-premise or off-
premise consumption shall become null and void five (5) years
from the date of approval of this ordinance for undeveloped
sites.
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.
Ordinance 0-02-1337.3
Page 8 of 14
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:
Riaht-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 Der 15 feet of site frontaae
Awnings & canopies 80% of sidewalk width, 8 feet clearance over pedestrian area & 14
feet clearance over vehicle area
Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14
feet clearance over vehicle area
Lights If the light encroaches 12 inches or less, it may be mounted at any
height on the building 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 bevond 48 inches
Eaves, cornices and From 8 feet to 15 feet above grade, one inch of encroachment for
balconies each inch of clearance above 8 feet not to exceed 48 inches of
encroachment. Encroachments 15 feet or more above grade shall
have 8 feet of clearance over pedestrian area & 14 feet clearance
over vehicle area and shall not encroach 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.
Ordinance 0-02-1337.3
Page 9 of 14
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 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/Accessory 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
Ordinance 0-02-1337.3
Page 10 of 14
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
of the initial sixty (60) day period, a business may request sixty
(60) day extensions during the one (1) year period, subject to
approval of the City Council.
g. Sandwich Board Signs - One (1) temporary Sandwich Board
sign shall be allowed per business, provided such sign does not
exceed forty-eight inches (48") high and thirty-six inches (36")
wide and is located in front of the business site. Sandwich
Board Signs may be placed in front of another business site with
the approval of that business owner. For the purpose of this
regulation, Sandwich Board signs shall include easels and
podiums.
7. Street and Allev Desiqn
a. Two-way Street - The cross-section of the typical village
street shall be comprised of twenty-four feet of drive lanes (two,
twelve-foot lanes); two, seven-foot parallel parking spaces; and a
ten-foot sidewalk on each side of the street. The total public
right-of-way shall not be less than fifty-six (56) feet wide.
b. One-way Street - A cross-section of a typical one-way street
shall contain an eighteen-foot drive lane, one seven-foot parallel
parking space and sidewalks ranging in width from three feet to
Ordinance 0-02-1337.3
Page 11 of 14
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
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 Playqrounds - 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.
Ordinance 0-02-1337.3
Page 12 of 14
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.
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 ofthe 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
Ordinance 0-02-1337.3
Page 13 of 14
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.
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
Ordinance 0-02-1337.3
Page 14 of 14
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 jfp'1-6 day of
~ 2002.
The second reading and public hearing being conducted on the
7/J:.J 2002.
/~
day of
~~ COJffILLE:)
o~~
Mayor
~~iOCFORM AND LEGALITY:
~~
City Attorney
EXHIBIT A
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CASE #Z..Q2..Q10 _ Villa Location Map
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ext Amendments
EXHIBIT B
PROPERTY DESCRIPTION
TRACT-A"
Being. net ~ '-xl duated In the City or CoIIeyville, T.".nt County, Texas In the B.B.B. & C.R.R.
SUMry, Abstract No. 208, S8id tnId being more plllticularty described by metes Met boLnIs as
follows:
BEGINNING". pain on 1M.".... Well R.O.W. line of PIaaunt Run Road. bemg West. 25.00
feet from 1hIt NOItheIIst CCIIT*' ~ a tnld deeded to . Vertie L.. Brown reccnled In Volume 11772,
Pllie 2164 of.. Oeed Records ~ TIII1'8nt CCUlty. T....;
THENCE South 00 d.... 01 minuIes 33 seconds EMt. along said ~ West R.O.W.
IN. . distance 01778.58 feet to.. Southeast cortW' ~ a tract deeded iii) Billy G. petty
and wife, ShirIIIy A. PeIy ul1lClDfded In Voh.me 3716. P8ge eo of laid DHcI Recorda;
THENCE South 89 degrees 43 mlnulu 00 second. W.... leaving said IIppMlIIl West R.O.W.
line and along the South I~ cf uid Petty net . . clstMce 01214.81 feet;
THENCE North 88 degrees 25 minutes 37 MCOnds West. continuing along the $CUh line of said
petty trIIc:t, . di8lMce cf 100.43 feet;
THENCE South 02 degrees 1S minutes 00 secands East. IIIong Ihe west line cia tract deeded
to. AttItrarIy TImoChy McNoIJtyftlCClnled In VoUne 8788. P8ge 503 end Volume 1527.
. distance 01158.20 feet;
THENCE North 88 degnIeIl48 minutes 23 IeCOnds East. along.. South line of uld McNoaky
tnIc:t. a dhanc::e 01 , 90.50 feet;
THENCE South 29 degrees 39 minules 20 secands West. IeIwing Rid South line 01 Mc:Noaky
1racl8nd aIang . propoeed JNOJ*tY dNIl10n line within LClII1. Block 1. 1st CIty ~
B-* of CoUeyyUIe a. recarded In Volume 388-182, Page 81 oIl1111d Deed RlICDRIs. .
diataJlC8 of 344.57 feet;
THENCE South 60 degrees 28 rninulft 00 secunda E8st. canlInuing along said proposed
property division line. a di.... of 253.30 r.et;
THENCE South 29 dear-. 32 minutes 00 seconds West. 8Iong Colleyville BouIev.-d (S.H. 26)
. distance of 148.68 reet;
THENCE Nor1h 60 degrees 28 mInuIes 00 seconds west, IellVing uld CoIIeyv6IIe BouIevwd.
along 1M NoI1heut 1tne 01 Lot 1 .. 2, Block 1, Krog.. Addition _ rec:arded In Ceblnet
A. Slide 1029 01 said Deed Records. . distance 01418.70 feet; .
THENCE Narth, along the East line or aid lot 1 and 8Iso .eons. .. eat Ine 01 lot 4R. Block 1,
t<rog.. Addlllon as rec:crded in Ceblnet A. Slide 1397 01 Rid Deed Records, . distance
of 499.21 fHt;
THENCE NaI1h 89 degrees 41 mifUn 00 IMICIOnds West. along" North lna 01 Forest Oak
Lane, a d1st81ce of 414.85 fet to the Southwest comer d said Petty net;
THENCE NoI1h CO degrees CO minute. 15 MCOnds West, along Iha West line ~ said Petty trect.
and the West line of the following nets, Harotd ...... rec:ordect In Volume 9320. Page
1849. Bransford Pn lMd Trust, Votume 10481, p.ge 1250. 8Nton O. And C.-oI G.
McCutlough. VohIme 11772. P8ge 2174 .. Volume 11772, hue 2170, said Brawn
tract, a distance of 773.75 feet \0 the Northwest comer d said Brown net
THENCE East. along the North line d aid Brown Tract. . dilt8nce 01918.00 feel to the POINT
OF BEGINNING 8ftd containing 20.36 acres or land.
The above legal de8aiption was c:ompIIed end written from infonnlltion obtained from TM'IInt
County Deed Records, Tenant Apwnisal District. City of CoUeyville and other IOWCeS. Thi. legal
desaiption Is \0 be used for zoning purposes only and II not to be relied upon .. . bound8rY survey
of .-ty type.
EXHIBIT B
PROPERlY oeSCRIPllON
TRACT -S-
Being. ....et of land IIUted In the City of CoIleyYiIIe, TarrInt County, Texas in the J. M. Looney
SUrvey, Abstnld No. 836. .... trIlCt being .. rwnIiInder ..-act deeded to F~ Man and Jean
And,.. as recordeclln VaIume 8985. Page 1790 of.. Deed Records ofT..... County. TUIII,
I8Id trIICl being more p8ftICuIIrty described by metes 8nd bcutds IS follows:
BEGINNING . a point an the 8PPI'WI1 E8II R.O.W. Hne d PI....,. Run Road, being the
Southwest carner of . net d.eded to. RIdwd P. Flllor'recan:Ied In Vobne 9085, p. 2173 or
the Deed Records of Tanwd County, Tex.;
THENCE SOuth 87 __ 45 mftHI 00 I8CGndt East. along .. South Hne of said Failor net
and . tred deeded to .... apt'J .. recorded In Volume 12888, P8ge 138 or IIIId
Deed Records. . distance of 339.55 feet;
THENCE South 13 d..... 13 mInuta 00 RCDnds Welt, along the West line oIa trKt deeded
to Ch8rtes DINIdIan u AKlDfded In Volume 7580, Page 1984 of uId DelId R1aII'a
Md along the West IN of Lat 1, Black 1. Falter AcIcItIon .. recarded in Volume 388-
142, Page 35 d uld Deed Records. . diltlnce or 374. t5 feat;
THENCE South 87 degre.. 4S ........ 00 I8COndI &It. along .. SouIh tine or laid Lot 1,
Block " . di_llce d 118.71 feet;
THENCE South 29 ..... 32 mlrUes 23 IItCOndS West, IIIonO CaUeyvllle BauIewrd (S.H. 28)
. distance 01317.22 feet
THENCE North 08 ....s 29 minutes 13 Ieconda West. IRvIng Aid CoIIeyvIUe 8ouIevenl,
along the EaIt line of Lot '. Block 1, Applebee" Addition .. f8COI ded in c.bInet A.
Slide 3939 of saki Deed Records. a dllt8nca of 108.98 feet;
.THENCE Nar1tI 04 degrees 33 mnas 00 MCOndI East. continUing along the East line of AId
lot 1, Block 1, . dilt8nc:e d 63.04 feet
THENCE ScUh 84 degrees 30 mIrUes 04 IeCIOnds West. .tong the North line satd lot 1. Block
1. . disl8nce of 212.53 feet;
THENCE North 00 d.... 45 rnIrMeI 08 sec:ands Eat, IlIang AId East R.O.W. ... fJI
P.....nt Run Road, . dllUnCe or 508.00 feet to .. POINT OF BEGINNING end
containing 3.71 acres of 1Ind.
The above leglll description WM compiled and wrttIen from informatian obtained from T....,.,
County Deed Rec:ord', Tmana AppnIlI8I DI*Ic:l. City or CoIIeyviIIe end other 1CUCft. 1lIIalegal
deIaipIIan is to be used for zaring purposes an1y Iftd Is not to be relied upon .. . bound., uwy
of any type.
EXHIBIT C
Legend
Ne - Neighborhood Center
NG - Neighborhood General
I
J
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0-99-11.1
exhibit lie"
d'
I
..
EXHIBIT D
The Village at CoUeyville
$tatemeDt If pl...11I1 Ob{ec:Uves
1. Tbe development should create a traditional American or European-style village. Like any
traditiooal villap, it will contain a variety of buildiq types and uses. The architectural style
of the project will be similar to that of a French or Italian village near the Meditemmcaa
coast
2. The Village at eolleyville will be vtrJ pedcstrian--Criendly. We believe that ~hancing
pedestrilD access to our shops. 'boutiques and restaurants will mpimi7.l! their sales.
Tbaefcn. we have designccl the village to slow traffic 8Dd mcourage people to park their
vehicles and wllk 8IOund.
3. The buiJdU\p, rAaedslt sidewalks au.cl opeD spaces will be built on a hUIDBD scale, not an
automobile or hipwayscale. Streets will be narrow; siclcwalks acc:omJ'P'V1~ and building
heights will be limited ~ allow naturalligbt to the opeD areas.
4. Different uses within the same building wiD be highly encouraged. Single-family residences
win be constructed above many shops and offices. ParkiDg requirements sbaIl be reduced
since retail. office, restaurants and single-family residences need parking .. different times.
s. Each property owner b11be Village shall be a member of The Village Owners. AssociatioD.
Inc. Tbe Association shall conect dues from eacb property owner for landscaping.
maintenaJlCe. Village promotiOlll and events, cleqing. socurity. marketing, IICbitectural
control and project administration.
6. Most of the opeD spaces wiD be public. B'1[~tc.s of public opeD spaces in The ViUaae
include: parks. fountains, playgrounds. si~ paDin& lots, streets, prommId,=,. and
walkways. The City of CoUeyville will own these public open spaces. The Village Owners.
Association win maintain the land~aping in all of these public open spaces. The City of
ColleyviUe will provide its normal city services to these open spaces. .
7. Please lee tile attacbetl "Deed Restrlctiou ..d TAaiDl Ordiauce" doculDeat. Tbi.s
document is hereby submitted so that its contents may become part of the PUD zoning
ordiunee Cor which the developer is applying. We request the assistance of the City staff
and City attorney to legally transform this document into part of the zoning ordiDBDCe.
EXHIBIT D
The Village lit Colleyville
DeYelQaaeat Sdaed.le
The following scbedule is a rough approximation of key dcvelopmc:at dates:
. r
1. ZoDiq Approval: December 1998
2. Preliminary Plat Approval: 1muary 1999
3. TIP Approval: F'ebJuaIy 1999
4. F'mal Plat Approval: AprilI999
S. InfrutnIctute CoaatnICtion Start: 1une 1999
6. Infrutru,cture Coastruction Completion: February 2000
7. IDitial BuiktiDp. Completion: Septembcr2000
8. "Qrmd ()peaiDs Celebration: Deccm~ 2000
s.........t ofPrq..... O...an..
TbI project will be owned by a limited pmtnersbip. with R.ealty Capital COlpOtatioD acting IS the
" pIU!I'8I partDeI' of the partnrnhip.
EXHIBIT E
Note: Parking areas are circled
~~
.
I
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I
I
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~fuJl
I
J
0...1141
exhibit "E"
EXHIBIT F
Special Height Conditions
The Village at Colleyville
[[] 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
)
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Exhibit F
Specla' Height Conditions