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HomeMy WebLinkAboutOrdinances (O-02-1337.4)-12/17/2002 ORDINANCE 0-02-1337.4 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 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 COLLEYVILLE, 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 0-02-1337.4 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 "D". 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 residence use on the first floor of its building. Ordinance 0-02-1337.4 Page 3 of 14 (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. 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. Ordinance 0-02-1337.4 Page 4 of 14 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. q. Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. 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. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. 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 offloor area per certificate of occupancy. Ordinance 0-02-1337.4 Page 5 of 14 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 sJ. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Coveraae Coveraae Max. Lot 90% Max. Lot 95% CoveraQe Coverage Setbacks Front 0' min - 15' max. Front 0' min - 15' max. Side 0' min - 15' max. Side 0' min -15' max. Rear - Main 4'min. Rear - Main 4' min. Bldq. Bldq. Rear - Accy. 4' Rear - Accy. 4' Blda. Blda. Height Max. Heiaht 48 ft. or 3.5 stories Max. Heiaht 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 "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. If a roof terrace is constructed, then railings may be used which comply with Paragraph 8, Balconies. Ordinance 0-02-1337.4 Page 6 of 14 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. HV AC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backvard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13. Landscapinq - Lots within this planned unit development shall be exempt from 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 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 Ordinance 0-02-1337.4 Page 7 of 14 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 12:00 a.m. on weekdays and Sundays, and 2:00 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. 18. Dumpster Screeninq - All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. 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 0-02-1337.4 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 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 fac;:ade. 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 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. Ordinance 0-02-1337.4 Page 9 of 14 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/Accessorv Buildinqs - The walls of the 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 Ordinance 0-02-1337.4 Page 10 of 14 to the applicable regulations for the sign classificqtion. 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 Alley 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 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. Ordinance 0-02-1337.4 Page 11 of 14 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 City Park, except where adjacent to the City Hall and Library site, 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 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 may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (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 Ordinance 0-02-1337.4 Page 12 of 14 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 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 0-02-1337.4 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. 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 /0 *) day of OF'-L 2002. The second reading and public hearing being conducted on the ~~ 2002. A1~;:>'k- ~I-I~ Cynthia Singleton, TRMC City Secretary jI)tI; day of CITY OF COLLEYVILLE: ~~ Mayor CITY COUNCIL APPROVED DEe 1 7 2002 Ordinance 0-02-1337.4 Page 14 of 14 PPROVED AS TO FORM AND LEGALITY: ~.... Ross T. Foster ity Attorney jJlffEj ~ DlI ~ ~L I ,uD.'~~ thY ,'2. ~~ . ~~~~ . ... .... . AG. A G- "1.- T~.:P V b-" .Ie U/C 1..2.,.... .U4-,.- .J5 . g?> J. ,-~1 . Sll...~.- ~_936 . r\ \' r:i. : ') L .-/-' " 111M ~IC lIIJC UIC '" .. .... IC .. u,. . PROPERTY DESCRIPTION ~ TRACT oAo Being a tract of land situated in the City of CoIleyville, Tarrant County, Texas in the B.B.B. & C.R.R. Survey, Abstract No. 206, said tract being more particularly described by metes and bounds as follows: BEGINNING at a point on the apparent West R.OW. line of Pleasant Run Road, being West, 25.00 feet from the Northeast comer of a tract deeded to a Verlie Lee Brown recorded in Volume 11n2, Page 2164 of the Deed Records of Tarrant County, Texas; THENCE South 00 degrees 01 minutes 33 seconds East, along said apparent West R.O.W. line, a distance of n6.S8 feet to the Southeast comer of a tract deeded to Billy G. Petty and wife, Shirley A. Petty as recorded in Volume 3786, Page 60 of said Deed Records; THENCE South 89 degrees 43 minutes 00 seconds West, leaving said apparent West R.O.W. line and along the South Ii!"e of said Petty tract, a distance of 214.91 feet; THENCE North 88 degrees 25 minutes 37 seconds West, continuing along the South line of said Petty tract, a distance of 1 00.43 feet; THENCE South 02 degrees 15 minutes 00 seconds East, along the West line of a tract deeded to a Anthony TImOthy McNosky recorded in Volume 6786, Page 503 and Volume 1527, a distance of 156.20 feet; THENCE North 88 degrees 48 minutes 23 seconds East, along the South line of said McNosky tract, a distance of 190.50 feet; THENCE South 29 degrees 39 minutes 20 seconds West, leaving said South line of McNosky tract and along a proposed property division line within Lot 1, Block 1, 1 st City National Bank of Colleyvllle as recorded in Volume 388-182, Page 81 of said Deed Records, a distance of 344.57 feet; THENCE South 60 degrees 28 minutes 00 seconds East, contiroing along said proposed property division line. a distance of 253.30 feet; THENCE South 29 degrees 32 minutes 00 seconds West, along Colieyville Boulevard (S.H. 26) a distance of 148.68 feet; THENCE North 60 degrees 28 minutes 00 seconds West, leaving said Colleyvllle Boulevard, along the Northeast line of Lot 1 & 2, Block 1, Kroger Addition as recorded in Cabinet A, Slide 1029 of said Deed Records, a distance of 416.70 feet; . THENCE North, along the East line of said Lot 1 and also along the East line of Lot 4R, Block 1, Kroger Addition as recorded in Cabinet A, Slide 1397 of said Deed Records, a distance of 499.21 feet; THENCE North 89 degrees 41 minutes 00 seconds West, along the North line of Forest Oak Lane, a distance of 414.65 feet to the Southwest comer of said Petty tract; THENCE North 00 degrees 00 minutes 15 seconds West, along the West line of said Petty tract, and the West line of the following tracts, Harold Hall recorded in Volume 9320, Page 1649, Bransford Park Land Trust, Volume 10461, Page 1250, Bruton D. And Carol G. McCullough, Volume 11n2, Page 2174 & Volume 11772, Page 2170, said Brown tract, a distance of n3.75 feet to the Northwest comer of said Brown tract; THENCE East, along the North line of said Brown Tract, a distance of 919.00 feet to the POINT OF BEGINNING and containing 20.36 acres of land. The above legal description was compiled and written from infol1'T1ation obtained from Tarrant County Deed Records, Tarrant Appraisal District, City of Colleyville and other sources. This legal description is to be used for zoning purposes only and Is not to be relied upon as a boundary survey of any type. 0-99-1141 Exhibit liB" \ PROPERTY DESCRIPTION TRACT "S" Being a tract of land situated in the City of COlleyville, Tarrant County, Texas in the J. M. Looney Survey, Abstract No. 936, said tract being the remainder tract deeded to Foster Ahon and Jean Andrews as recorded in Volume 6985, Page 1790 of the Deed Records ofTarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a point on the apparent East R.OW. line of Pleasant Run Road, being the Southwest comer of a tract deeded to a Richard P. Failor recorded in Volume 9085, Page 2173 of the Deed Records of Tarrant County, Texas; THENCE South 87 degrees 45 minutes 00 seconds East, along the South line of said Failor tract and a tract deeded to Jane O'pry as recorded in Volume 12888, Page 136 of said Deed Records, a distance of 339.55 feet; THENCE South 13 degrees 13 minutes 00 seconds West, along the West line of a tract deeded to Chartes Davidson as recorded in Volume 7590, Page 1964 of said Deed Records and along the West line of Lot " Block 1, Foster Addition as recorded in Volume 388- 142, Page 35 of said Deed Records, a distance of 374.15 feet; THENCE South 87 degrees 45 minutes 00 seconds East, along the South line of said Lot " Slock " a distance of 118.71 feet; THENCE South 29 degrees 32 minutes 23 seconds West, along Colleyville Soulevard (S.H. 26) a distance of 317.22 feet; THENCE North 08 degrees 29 minutes 13 seconds West, leaving said Colleyville Boulevard, along the East line of Lot " Block " Applebee's Addition as recorded in Cabinet A, Slide 3939 of said Deed Records, a distance of 108.98 feet; THENCE North 04 degrees 33 minutes 00 seconds East, continuing along the East line of said Lot " Block 1, a distance of 63.04 feet; THENCE South 84 degrees 30 minutes 04 seconds West, along the North line said Lot 1, Slock " a distance of 212.53 feet; THENCE North 00 degrees 45 minutes 08 seconds East, along said East R.O.W. line of Pleasant Run Road, a distance of 508.00 feet to the POINT OF BEGINNING and containing 3.71 acres of land. The above legal description was compiled and written from infonnation obtained from Tarrant County Deed Records, Tarrant Appraisal District, City of Colleyville and other sources. This legal description is to be used for zoning purposes only and is not to be relied upon as a boundary survey of any type. 0-99-1141 Exhibit "B" ':)NJ'I&L~ 01 --- ... - ......... -.......- -....-,.- ... .......,. ~JD".A . III II III · -; I I .... I \. Legend NC - Neighborhood Center NG - Neighborhood General ~8J I I 11 · i . I ! ~8J - J ;-----,- ! I I ! I I i II: . , I ! I I I , JI l: 0-99-1141 Exhibit "e" ~ z~ \ \ The Village at Colleyville StatemeDt of Plannine Objectives 1. The development should create a traditional American or European-style village. Like any traditional village, it will contain a variety of building types and uses. The architectural style of the project will be similar to that of a French or Italian village near the Mediterranean coast. 2. The Village at Colleyville will be very pedestrian-friendly. We believe that enhancing pedestrian access to our shops, boutiques and restaurants will maximize their sales. Therefore, we have designed the village to slow traffic and encourage people to park their vehicles and walk around. 3. The buildings, streets, sidewalks and open spaces will be built on a human scale, not an automobile or highway scale. Streets will be narrow; sidewalks accommodating and building heights will be limited to allow natural light to the open areas. 4. Different uses within the same building will be highly encouraged. Single-family residences will be constructed above many shops and offices. Parking requirements shall be reduced since retail, office, restaurants and single-family residences need parking at different times. 5. Each property owner in The Village shall be a member of The Village Owners' Association, Inc. The Association shall collect dues from each property owner for landscaping, maintenance, Village promotions and events, cleaning, security, marketing, architectural control and project administration. 6. Most of the open spaces will be public. Examples of public open spaces in The Village include: parks, fountains, playgrounds, sidewalks; parking lots, streets, promenades, and walkways. The City of Colleyville will own these public open spaces. The Village Owners' Association will maintain the landscaping in all of these public open spaces. The City of Colleyville will provide its normal city services to these open spaces. . 7. Please see the attached "Deed Restrictions aDd Zoning OrdiDaDce" documeDt. This document is hereby submitted so that its contents may become part of the PUD zoning ordinance for 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 ordinance. 0-99-1141 Exhibit "0" The Village at Colleyville DevelopmeDt Schedule The following schedule is a rough approximation of key development dates: 1. Zoning Approval: December 1998 2. Preliminary Plat Approval: January 1999 3. TIF Approval: February 1999 4. Final Plat Approval: April 1999 5. Infrastructure Construction Start: June 1999 6. Infrastructure Construction Completion: February 2000 7. Initial Buildings' Completion: September 2000 8. Grand Opening Celebration: December 2000 Statement of Prooosed Ownership The project will be owned by a limited partnership, with Realty Capital Corporation acting as the general partner of the partnership. 0-99-1141 Exhibit "0" ~~DI .. - ---.... --.--- -...-..- ".~ ~JD~. IIJ ulll .-~ I I .... I Note: Parking areas are circled J / ~~' I .1 ! .! I ~ J I . I ! ~GJJ I .-/ l i 0-99-1141 Exhibit "E" Vi ~ i.. 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 '- l ' _I.... . . ~....,~....\,.... " ~ - ~ "'.. ..... -.. i \ Exhibit F Special Height Conditions