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HomeMy WebLinkAboutResolution No. 09-006 . II II - RESOLUTION NO. 09-006 A RESOLUTION OF THE CITY c!OUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE PRE- ANNEXATION AGREEMENT BY AND BETWEEN WYNNWOOD PENINSULA PARTNERS, L.P., AND/OR ITS AFFILIATES, AND THE CITY OF THE COLONY, TEXAS, WHICH IS ATTACHED HERETO AND INt:ORPORATED HEREIN AS EXHIBIT 1; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND PROVI~G AN EFFECTIVE DATE ,r II. WHEREAS, W-ynnwood Peninsula Partners, L.P., ("WPP") are the owners of the property described by metes and bounds in Exhibit A and depicted in Exhibit B (the "Property") to the Pre- Annexation Agreement, which is attached hereto and incorporated herein as Exhibit 1 (the "Agreemenf'); and WHEREAS, all of the Property described in the Agreement is located in Denton County and within the extraterritorial jurisdiction of the City of The Colony ("City"); and WHEREAS, WPP desires for the Property to be annexed into and developed within the corporate limits ofthe.City under the terms and conditions provided in the Agreement; and WHEREAS, the City desires to annex said Property under the terms and conditions of the Agreement; and II WHEREAS, the City Council hereby approves the terms and conditions of the Pre- Annexation Agreement, which is attached hereto as Exhibit 1, by and between the City and the WPP, and authorizes the Mayor to execute such Agreement on behalf of the City of Seagoville. I NOW 1;.HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby approves the terms and conl!iitions of the Pre- Annexation Agreement, which is attached hereto and incorporated herein as Exhibit 1, by and between Wynnwood Peninsula Partners, L.P., and/or its affiliates, and the City of The Colony, Texas and hereby authorizes the Mayor to execute the same. Section 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provides. Page 1 TM 34115~76~OOO II 2009. PASSED, APPROVED and EFFECTiVE this tl day of Dillard, Mayor of The Colony, Texas ~' ~ ... Christie Wilson, City Secretary, City of The Colony, Texas ~G ' ~ J.H ~ ~.. ~ Q. ...~~ fi iii' .... .,.,. 11; Y ~:\ w ~ <. . . ~~.~ ~ :=<t\ -I : ~ ~w II Robert E. Hager, Attorney City of The Colony, Texas (REH/cdb 01/14/09) II II II II Page 2 TM 34115.76~OOO Ooc~882G **** Electronically.Filed Document **** Denton County Cynthia Mitchell County Clerk II .t. Documenj. Number: 2009-8826 Recorded As-r : ERX-AGREEMENT Recorded On: Recorded At: Number of Pages: January 28, 2009 12:21:40 pm 38 Recording Fee: $159.00 II Parties: II Direct.. CITY OF THE COLONY TeXAS lnd i rect.- . II Receipt Number: Processed By: 552539 Patsy Sallee ************ THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. TilE $TATE Of! TEXAS) COUNTV OP DENTONI I hCl'Cb)' ccrtU" lb.., Ihia Lrw~ &At,... 1=1 LED la lhc '-0:. Nuab cr Icq_cacc .,,, Iha d .'Ult. I: V,,"'llIId I....,rt. IIIld ,... dl.ll~ RECOllDED in .It. OJftc.;.J R.sc.vtd. 01 Daa.oft COUGt,. Tcl.u~ ~cJ.Ll eu ",~I J C IAtt. I n.nloa CO.llly. T.s:... Final Draft . ~ . . .pRE-ANNEXATION AGRl:EMENT This Development Agreement (this "Agreement") is executed between Wynnwood Peninsula Partners, L.P. (the "Owner") and the City of The Colony, Texas (the "City") to be effective January 19, 2009 (the "Effective Date"). II 4R'fI~ I t' RECITALS ~ II WHEREAS, the City is a home rule muniM'pality of the State of Texas; and WHEftEAS, the Owner is a Texas limited partnership; and WHEREAS, t!le Owner and the City are sometimes individually referred to as a "Party" and collectively as the "Parties"; and WHEREAS, the Owner is the owner of the real property located in Denton County and described by meres and bounds on ExhlJit A and depicted on ExhibitiB (the "Property"); and II WHEllEAS, at the time of the Parties' execution of this Agreement, all of the Property is located within the City's extraterritorial jurisdiction ("ETJ") and not within the corporate limits or ETJ of any other municipality; and WHEREAS, the Parties intend for the Property to be annexed into and developed within the corporate limits of the City in accordance with this Agreement, which annexation may occur immediately after the Parties execute this Agreement; and WHEREAS, the Parties intend that, pursuant to Section 212.172 of the Texas Local Go'fernment Code, the Property shall be developed in accordance with this Agreement; and WHEREAS, the Parties have the authority to enter into this Agreement pursuant to Section 212.171 et seq. of the Texas Local Government Code and pursuant to the City's general contracting authority. NOW TH~REFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed to by the Parties, the Parties agree as follows: ARTICLE II GOVERNING REGULATIONS 2.1 Governing Regufations. De~lopment of the Property shall be governed by the following zoning and subdivision regulations (collectively, the "Governing Regulations"): (a) the City's comprehensive zoning ordinance in effect on the Effective Date (the "Zoning Ordinances"); Page 1 DALLAS-I105066 v7 1287522-00010 II Final Draft (b) City Ordinance No. 99-1132 in effect on the Effective Date (the "Subdivision Regulations"); and (c) the de~elopment regulations set forth on Exhibit F (the "Development Regulations"). No other zoning ordinances or regulations of any kind apply to the development of the Property unless otherwise agreed to by the Owner in writing. ..1:. 2.2 Conflicts. The Develof.lment Regulations shall control in the event of a conflict with either the Zoning Ordinance or SubdWision Regulations. 2.3 Development Regulations. The Development Regulations represent the Owner's desired zoning regulations for the entire property described therein. To the extent the Development Regulations refer to l~d outside the froperty, they do so for the sole purpose of illustrating how the Owner intends to develop the Property as part of a larger master planned community under the Owner's control and ownership. The development and land use regulations in this Agreement are limited to the Property, and are not intended to confer any benefit or obligation on the Owner with respect to any other property. The Development Regulations shall apply to the use and development of the Property regardless of whether they are adopted as a Planned Development District governing the Property after the Property is annexed into the City's corporate limits. ARTICLE III ZONING AND DEVELOPMENT OF THE PROPERTY Development and use of the Property shall be in accordance with the Governing Regulations. The City agrees to consider zoning the Property as a planned development district consistent with the Development Regulations after the Property is annexed into the City's corporate limits. . Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to require the City to approve zoning of the Property. The Property may be developed in accordance with the terms of this Agreement notwithstanding any contrary zoning of the Property. ARTICLE IV JURISDICTIONAL STATUS 4.1 Full-Purpose Annexation. Upon full execution of this Agreement, the Owner consents to the City's full-purpose annexation of the Property into the City's corporate limits, which consent shall be irrevocable. The City shall have the right, but not the obligation, to :mIl purpose annex the Property. THE OWNER AND ALL FUTURE OWNERS OF THE PROPERTY (INCLUDING END-BUYERS AS DEFINED HEREIN), AND DEVELOPERS IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE FULL PURPOSE ANNEXATION OF THE PROPERTY INTO THE CORPORATE LIMITS OF THE CITY IN ACCORDANCE WITH THIS AGREEMENT AND WAIVE ALL OBJECTIONS AND PROTESTS TO SUCH ANNEXATION. THIS AGREEMENT SHALL SERVE AS THE PETITION OF THE OWNER AND ALL FUTURE OWNERS AND DEVELOPERS TO THE FULL PURPOSE ANNEXATION OF THE PROPERTY TO THE CITY'S ANNEXATION OF THE PR~PERTY IN ACCORDANCE WITH THIS AGREEMENT. THIS COVENANT Page 2 DALLAS-l 105066 v7 1287522-00010 Oil Final Draft SHALL RUN WITH THE LAND AND Sl'IALL BE BINDING ON ALL PRESENT AND FUTURE OWNERS, AND DEVELOPERS. 4.2 Effect of Full-Purpose Annexation. Development of the Property after full- purpose annexation into the corporate limits of the City shall be in accordance ~ith the Governing Regulations for the Term (hereinafter defined). II ABliICLE V TERM OF AGREEMENT . J The term of this Agreement shall be l~years after the Effective Date (the "Term"), unless e~ended or shortened by mutual written agreement. II ARTICLE VI . 'EYENrrS OF MF ~U~T: MMt:lJm~ 6.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasoooble time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than 30 days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues - performance until the alleged failure has been . cured. 6.2 Remedies. If a Party is in default, the aggrieved Party may, at its option and without prejudice to any other right or remedy under this Agreement, seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus, and injunctive relief. Notwithstanding the foregoing, however, no default under this Agreement shall: (a) (b) kind; or entitle the aggrieved Party to terminate this Agreement; or entitle the aggrieved Party to seek or recover monetary damages of any (c) limit the Term of this Agreement. I 6.3 Governmental Powers: Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities. Nothing in this Agreement is intended to delegate or impair the performance by the City of its governmental functions. II Page 3 DALLAS-l 105066 v7 1287522-00010 Final Draft AR.~ICLE VII ASSIGNMENT AND ENCUMBRANCE 7.1 Assignment by the Owner to Successor Owners. The Owner has the right (from time to time without the consent of the City, but upon written notice to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of the Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with the Owner. Each assignment shall belin writing executed by the Owner and the Assignee and shall obligate the A.ssi~nee to. be bo~d ~~his Agree~ent to. the extent this Agreemen~ applies or relates to the obligations, rights, title, or Interests being assigned. A copy of each assignment shall be provided to all Parties within 15 days after execution. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that the Owner shall- be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, if a copy of the assignment is not received by the City within 15 days after execution, the Owner shall not be released until the City receives such assignment. No assignment by.the Owner shall release the Owner from any liability that resulted {rom an act or omission by the Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. The Owner shall ~aintain written records of all a~ignments made by the Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, _ shall provide a copy of such records to the . requesting person or entity. 7.2 Assignment by the City. The City shall not assign this Agreement. 7.3 Assignees as Parties. An Assignee shall be considered a "Party" for the purposes of this Agreement. ARTICLE VIII RECORDATION.. RELEASES.. AND ESTOPPEL CERTIFICATES II 8.1 Binding Obligations. Pursuant to the requirements of Section 212.172(c)(4) of the Texas Local Government Code, this Agreement and all amendments hereto shall be recorded in the deed records of the county in which the Property is located. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns permitted by this Agreement and upon the Property; however, this Agreement shall not be binding upon, and shall flot constitute any encumbrance to title as to, any end-buyer of an improved lot that is the subject of a recorded final plat (an "End-Buyer") except for land use and development regulations that apply to specific lots. 8.2 Estoppel Certificates. From time to time upon written request of the Owner, the City Administrat<7r shall execute a written estoppel certificate identifying any obligations of the Parties under this Agreement that are in default or, with the giving of notice or passage of time, would be in default; and stating, to the extent true, that to the best knowledge and belief of the City, the Parties are in compliance with their duties and obligations under this Agreement. II Page 4 DALLAS-I105066 v7 1287522-00010 II II Final Draft II ARTICLE IX ADDITIONAL PROVISIONS 9.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiate'd and entered into this Agreement; (c) are legislative findings of the City Council, and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreeri1ent, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, tJlthe maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 9.2 Notices. All notices required or contemplated by this Agreement (or otherwise given in connection with this Agreement) (a "Notice") shall be in writing, shall be signed by or on behalf of the Party giving the Notice, and shall be effective as follows: (a) on or after the 10th business day after being deposited with the United States mail service, Certified Mail, Return Receipt Requested; (b) on the day delivered by a private delivery or private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address (whether or not such person is the person to whom the Notice is addressed); or (c) otherwise on the day actually received by the person to whom the Notice is addressed, including, but not _ limited to, delivfry in person and delivery by regular mail or by E-mail. Notices given pursuant to this section sl1all be addressed as follows: To the City: City Administrator Attn: Dale Cheatham City of The Colony 6800 Main Street The Colony, Texas 75056 E-mail: cm@thecolonytx.gov With a copy to: City Attorney Attn: Robert E. Hager 1800 Lincoln Plaza 500 N. Akard Street Dallas, Texas 75201 E-mail: rhager@njdhs.com II To Owner: Attn: Kristian T. Teleki 1660 S. Stemmons Freeway, Suite 100 Lewisville, Texas 75067 E-mail: kteleki@maitbewssouthwesi.com With a copy to: Attn: Melissa Lindelow K&L Gates Page 5 DALLAS-l 105066 v7 1287522-00010 Final Draft 301 CoMmerce Street, Suite 3000 Fort Worth, Texas 76102 E-mail: melissa.lindelow@klgates.com 9.3 Permit. This Agreement constitutes a "permit" within the meaning of Chapter 245, Texas Local Government Code, as amended. II 9.4 Interpretation. The Parties acknowledge that each _ of them has been actively illVolved in negotiating this Agreetfent. Accordingly, the rule of construction that any ambiguities are to be resolved ~gail1st ~e drafting ~arty will .not. apply to inte~~eting th~s Agreement. In the event of any dIspute over the meanIng or applIcatIon of any prOVISIon of thIS Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for or against any Party, regardless of which Party originally drafted the provision. 9.5 Authority and Enforceability. The City represents and warrants that this Agreement has been duly adopted by official action of the City Council in accordance with all applilable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Owner represents and warrants that this Agreement has been approved by appropriate action of the Owner, that the individual.executing this Agreement on behalf of the Owner has been duly authorized to do so. 9.6 Entire Agreement: Severability. _ This Agreement constitutes the entire agreement . between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. T.is Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. Without limiting the generality of the foregoing, (a) if it is determined that, as of the Effective Date, the Owner does not own any portion of the Property, this Agreement shall remain in full force and effect with respect to all of the Property that the Owner does then own, and (b) if it is determined, on or after the Effective Date, that any portion of the Propert)ilis not within the City's ETJ, this Agreement shall remain in full force and effect with respect to all of the Property that is then within the City's ETJ. II 9. 7 Applicable Law: Venue. This Agreement is entered into under and pursuant to, and is to be construed arfd enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Denton County. Venue for any action to enforce or construe this Agreement shall be in the state courts of appropriate jurisdiction of Denton County. 9.8 Non Waiver. Any failure by a Party to insist upon strict performance by another Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes Page 6 DALLAS-I105066 v7 1287522-00010 Final Draft for which it is given. No waiver by any Part}r of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.9 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by, the Parties. An End-Buyer shall be considered a third-party beneficiary of this Agreement, but only for the limited purposes for which an End-Buyer is bound by this Agreement. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemeA. to be a third-party beneficiary of this Agreement. ~ 9.10 Force Maieure. Each P~y shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time ~al~ be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within three business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all tae Parties, including a detailed explanation of the force majeure and a description of the action that wiM be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the exercise of good faith, due diligence and reasonable care. II 9.11 CQunterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.12 Further Documents. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 9.13 Conflicts. In the event of any conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City-adopted or City- enforced requirement, whether existing on the Effective DaW or hereafter adopted, this Agreement shall control. 9.14 Exhibits. The following Exhibits are attached to this Agreement and are incorporatea herein for all purposes: Exhibit A Exhibit B Exhibit C Metes and Bounds Description of the Property Depiction of the Property Development Regulations Page 7 DALLAS-l 105066 v7 1287522-00010 II II Final Draft Executed by the Owner and the City to be effective on the Effective Date. II Date: I. ,} STATE OF TEXAS COUNTY OF]) ~ N 9 9 9 CITY OF THE COLONY, TEXAS ... This instrument was acknowledged before me on the ! 't ~ay of , 2009 by In /,~ __,,; II~ , Mayor of the City of The Colony, Texas, on b alf of said city. .',.....,....."..................,.....,',.................,....,'.....,..........~ ~. ","III",,~ ;.t i S"~~~~.~!~I:'~'f-' CHRISTIE NEU WILSON i "if ~ ~ ~*..,'...;, '\ .". iIt.. i !~; - ~. ~ Notary PublicI State of Texas I ~~t.P~ ,~~ ~ i \,::/:('o~,;~~~~l My Commission Expires 11-22-09 i J """UI U\\\ . I ~"'~"""""""~"""~~. II DALLAS-I 105066 v7 1287522-00010 II Page 8 - . II TlIE OWNER: Wynnwood Peninsula Partners, L.P., a Texas limited partnership By: Wynnwood Peninsula Partners GP, LLC, a Texas limited liability company ~' ~ By: Matthews Holdings Swthwest Inc., a Tex~s corporation, Sole Member and Manager II By: Kristian T. Teleki Senior Vice President STATE OF TEXAS s s s COUNTY OF Final Draft II This instrument was acknowledged before me on the ___ day of , 2009 by Kristian T. Teleki, the Senior Vice President of Matthews Holdings Southwest Inc., the Sole Member and Manager of Wynnwood Peninsula Partners GP , LLC, t eneral partner of Wynnwood Peninsula Partners, L.P., on behalf of said partnershi · I II Notary Public, Page 9 DALLAS-I 105066 '7 1287522-00010 Final Draft EXHIBIT A Metes alld Bounds Description of the Property LEGAL DESCRIPTION -168.28 ACRES II BEING a parcel of land located in Den\'n County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract 170, a part of the :BIB.B. 1& ~.R.R. Survey, Abstract No. 182, and a part of the Thompson D. Luckett Survey, Abstract ~ 751, and being a part of that 250.65 acre tract of land conveyed to Wynnwood Peninsula Partners, L. P. described as Tract 1 in a Special Warranty Deed dated December 21, 2007 and recorded in Document No. 2007-146787 Deed Records Denton County, and being further described as follows: BEGINNING at a five-eights inch iron rod found for the southeast comer of said 250.65 acre tract of land, said point being in the west line of that tract of land described as Tract 2 conveyed to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169, Deed Records Denton County; II THENCE along the south line of said 250.65 acre tract of land as follows: South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a point for comer; South i8 degrees 45 minutes 10 seconds West, 801.03 feet to a point for comer; . South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a point for comer; North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a point for comer; South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a point for comer; North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a point found for the southwest corner of said 250.65 acre tract of land, said point being in the east line of Garza-Little Elm Dam and Reservoir (Lake Lewisville); THENCE along the west line. of said 250.65 acre tract of land and along the east line of said Garz~- Little Elm Dam and Reservoir (Lake Lewisville) as follows: North 24 degrees 36 minutes 59 seconds East, 556.05 feet to a point for comer; North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for comer; North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for corner; North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for comer; South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a point for comer; Nortq,64 degrees 05 minutes 52 seconds East, 376.74 feet to a point for comer; North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a point for comer; North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a point for comer; North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for comer; North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for comer; North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a point for comer; North 05 degrees 32 minutes 05 seconds East, 662.31 feet to a point for comer; North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a point for comer, said point being the southwest comer of Wynnwood Haven Estates, an addition to the County of Denton as recorded in Cabinet E, Page 209, Map Records Denton County; Exhibit A - Page 1 DALLAS-l 105066 v7 1287522-00010 Final Draft THENCE along the south line of said Wynnwood Haven Estates as fotlows: North 83 degrees 53 minutes 31 seconds East, 100.47 feet to a point for comer; North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a point for comer; North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a point for the southeast comer of said Wynnwood Haven Estates and said point beinfi. in the center of Boyd Road (a prescriptive use right-of-way); THENCE South 00 degrees 59 minu~' 00 seconds East, 435.96 feet along the center of Boyd Road to a point for comer; ~ I. THENCE South 89 degrees 57 minutes 52 seconds East, 974.84 feet to a point in the east line of said 250.65 acre tract of land and said point being in the west line of said Tract 2; II THENCE along the east line of said 250.65 acre tract of land and along the west line of said tract 2 as follows: South 52 degrees 16 minutes 41 seconds West, 57.69 feet to a point for comer; South 00 degrees 46 minutes 53 seconds East, 2347.37 feet to the POINT OF BEGINNING and containing 168.28 acres of land. . II Exhibit A - Page 2 DALLAS-I 105066 v7 1287522-00010 II - Final Draft II LEGAL DESCRIPTION - 51.05 ACRES BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract 179, and being a part of that tract of land described as Tract 2, conveyed to Wynnwood Peninsula Partners, L. P. recorded in Document No. 2007-146787, Deed Records Denton County, and being further described as follows: (. COMMENCING at a Corp of Engineer ;nonument found for the southwest corner of that tract of land conveyed to Wynnwood Peninsula Partners, I1.P. as recorded in Document No. 2008-5640, Deed Records . Denton County, said point being in the east line of the Garza-Little Elm Dam and Reservoir (Lake Lewisville ); THENCE North 89 degrees 35 minutes 43 seconds East, 312.09 feet along the south line of said Wynnwood tract to a the most southerly southwest comer of said Tract 2 and the POINT OF BEGINNING of this tract of land; THENCE along the north line of said Tract 2 and the south line of said Wynnwood tract as follows: North 36 degrees 51 minutes 46 seconds East, 64.89 feet to a point seven-eights inch iron rod found for corner; · South 89 degrees 45 minutes 28 seconds East, 562.78 feet to a seven-eights inch iron rod found for corner; North 66 degrees 43 minutes 39 seconds East, 2028.02 feet to a seven-eights inch iron rod found for corner; North 52 degrees 21 minutes 59 seconds East, 962.29 feet to a seven-eights inch iron rod found for comer; South 41 degrees 15 minutes 03 seconds East, 627.56 feet to a seven-eights inch iron rod found for comer; North 72 degrees 49 minutes 11 seconds East, 118.05 feet to a point for corner; . THENCE South 00 degrees 02 minutes 08 seconds West, 939.10 feet to a point for comer in the center of Lebanon Road (a variable width right-of-way, at this point); II THENCE Sout. 89 degrees 05 minutes 25 seconds West, 1199.01 feet to a one-half inch iron rod found for the most southerly southeast comer of said Tract 2 and said point being at the intersection of the westerly line of Lebanon Road with the north line of Boyd Road (a prescriptive use right-of-way); THENCE along the south line of said Tract 2 and along the north line of Boyd Road as follows: South 89 degrees 15 minutes 51 seconds West, 1233.55 feet to a one-half inch iron rod found for comer; South 88 degrees 48 minutes 30 seconds West, 1320.76 feet to the POINT OF BEGINNING and containing 2,223,659 square feet or 51.05 acres of land. Exhibit A - Page 3 DALLAS-I 105066 v7 1287522-00010 - EXIIIBIT B Depiction of the Property II ... b._ -Gi1W'_ .ta.w: i- '-t ~6! -r / q OA,.. ~ 1 r,. fIlS ill I :J il 11II- .~t1~ II - . I II DALLAS-II 05066 v7 1287522-00010 Exhibit B - Page 1 Final Draft II II - II Final Draft EXHIBIT C Development Regulations [Recitals to Accompany the Ordinance Adopting a Planned Development District Post-Annexation] II NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: (. ~ 1.1 The recitals set forth in the'oregoing "WHEREAS" clauses of this Ordinance are II true and correct and constitute legislative findings of the City Council. 1.2 The Comprehensive Zoning Ordinance of the City of The Colony, Texas is hereby amended as follows: (a) The allowed use of the Property, comprising an approximately 362-acre tract of land as more particularly described in Attachment "A" attached hereto and incorporated herein for all purposes (the "Propertv"), is changed to a Planned Development District "PD-_" (the '~PD District") with mixed uses, including, but not limited to general retail, business park, and residential uses, permitted in accordance with both those requirements set forth in the concept plan attached hereto and incorporated herein as Exhibit "B" (the "Concept Plan") and with the specific standards, regulations, and conditions attached hereto and incorporated herein as Attachment "c" and Attachment "D." II . 1.3 The Property shall be used in the manner and for the purposes provided by the City of The Colony Comprehensive Zoning Ordinance in effect on the date of adoption of this ordinance (the "Zoning Ordinance") granting the P~ District (this "PD Ordinance"). In the event of a conflict between the Zoning Ordinance (including, but not limited to, Section 10-600 in the Zoning Ordinance) and this PD Ordinance, this PD Ordinance shall control. 1.4 All developmeut on the Property shall be in accordance with those standards, regulations and conditions set forth in Attachment "c" and Attachment "D" attached hereto and incorporated herein for all purposes. 1.5 The City Jv1anager of the City shall modify the official zoning map of the City to reflect the Property's change in zoning to the PD District. 1.6 The Property shall be subject to all applicable regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the city to the extent such ordinances are not in conflict with this PD Ordinance. 1.7 Terms used in this PD Ordinance shall have fhe same definitions as given in the Zoning Ordinance unless otherwise defined herein. Exhibit C - Page 1 DALLAS-l 105066 v7 128l.522-00010 . II II II II II II II II II II II II II II II II II II Final Draft 1.8 If any section, article, paragraplt, sefltence, clause, phrase, or word in this PD Ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this PD Ordinance; and the City Council hereby declares it would have passed such remaining portions of this PD Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. · 1.9 Any person violating any'ofthe provisions of this PD Ordinance shall be deemed guilty of a misdemeanor ~ lupon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense shall be II deemed committed upon each day during or on which a violation occurs or continues. 1.1 0 This PD Ordinance shall become effective from and after its date of adoption and publication as provided by law. ~ ASSED the ~ day of D APPROVED by the City Council of the City of The Colony, Texas this , 2009. II yor, City of The Colony ATTEST: City Secretary City Attorney II Exhibit C - Page 2 DALLAS-I105066 v7 1287522-00010 - II II · ..__ _II II - _II - II II II II II 11- 1 Attachment "A" to Planned Development District Ordinance LEGAL DESCRIPTIONl 362.17 ACRES (Tract I - 250.65 acres; Tract II - 62.75 acres; Tract III - 48.77 acres) II T.act I: . BEING a 250.65 acre tract of land sindted in the B.B.B. and C.R.R. Company Survey, Abstract Number 170, the B.B.B. and C.R.R. COlIJ1ill1Y Survey, Abstract Number 182 and the T. Luckett Survey, Abstract Number 751, Denton County, Texas, and a portion of that certain tract of land conveyed to The Rebecca Elaine Ragan Barr Trust No.1, et aI, by deed recorded in Volume 2163, Page 433, of the Deed Records of Denton County, Texas, and being more particularly de~ribed by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for comer, said point being in Boyd Road, a public roadway, said point being in the south line of said The Rebecca Elaine Ragan Barr Trust No.1, et al tract, , said point also being the westerly northwest comer of a called 324.084 acre tract of land conveyed to Wynnwood Peninsula, Ltd tract, by deed recorded in County Clerk's File No. 93-R0048821, of the Deed Records of Denton County, Texas, same being the northeast comer of a called 40.53 acre tract of land conveyed to Wynnwood Peninsula, Ltd., by deed recorded in County Clerk's File No. 94-R0089415, of the Deed Records of Denton County, Texas; THENCE along the common line of said The Rebecca Elaine Ragan Barr Trust No.1, et al tract, · and said called 40.53 acre tract, the following bearing and distances: S 85036'27" W, a distance of 40.03 feet to a 1/2 inch iron rod set comer; S 8901 U; 19" W, along a fence line, a distance of 21 02.52 feet to a fence comer post found for comer; N 06001 '23" W, along a fence line, a distance of 31.95 feet to a u.S. Army Corps of Engineers Monument No. C-239-1E-1 found for comer; S 88003'38" W, along a fence line a distance of 238.23 feet to a u.S. Army Corps of Engineers Monument No. C-239-1E-2 found for comer; S 89039'36" W, along a fence line, a distance of 192.47 feet to a u.S. Army Corps of Engineers Monument No. C-239-1E-3 found for comer, said point being in the easterly line of Lake Lewisville; THENCE along the west line of said The Rebecca Elaine Ragan Barr Trust No.1, et al tract, and the easterly line of said Lake Lewisville the following bearing and distances: N 24041 '52" E, a distance of 556.05 feet to a 1/2 inch iron rod set for comer; 1 At the time of adoption of the PD ordinance, all of the land identified on this Attachment A will not be inside the city limits, and therefore, it will not be included in the legal description contained in the PD ordinance. It is contemplated that such land will be added to the PD district by a future amendment to the PD once the land is annexed into the city limits. Exhibit C - Page 3 Page 1 o~Attachment A to E.hibit C DALLAS-I 105066 v7 1287522-00010 11- II II II - II II _II II __ __II II - II N 71 050'23" E, a distance of 134.59 feet to a 1/2 inch iron rod set for comer; N 30045'35" W, a distance of 86.29 feet to a 1/2 inch iron rod set for comer; N 28002'00" E, a distance of 466.04 feet to a 1/2 inch iron rod set for comer; S 68026'36" E, a distance of262.73 feet to u.s. Army Corps of Engineers Monument No. C- 239-1E-8 found for comer; . N 64012'08" E, a distance of 377.73 feet to a 1/2 inch iron rod set for comer; N 89038'01" E, a distance of 403.~ feet to u.S. Army Corps of Engineers Monument No. ~ C-224-6 found for comer; Irl N 00012'55" W, a distance of 379.58 feet to u.s. Army Corps of Engineers Monument No. II C-224-5 found for comer; N 61 041 '03" W, a distance of 339.76 feet to a 1/2 inch iron rod set for comer; N 05008'53" W, a distance of 425.54 feet to a 1/2 inch iron rod set for comer; N 50056'03" E, a distance of 150.84 feet to U.S. Army Corps of Engineers Monument No. C-224-2 found for comer; N 05034'29" E, a distance of 662.43 feet to u.s. Army Corps of Engineers Monument No. C-224-1 foqpd for comer; N 87029'50" E, a distance of 43.10 feet to a u.s. Army Corps of Engineers Monument No. C-224-1A, found for corner; THENCE N 83023'07" E, passing the southwest corner of Wynnwood Haven Addition, an addition to the City of the Colony, according to the plat thereof recorded in Cabinet E, Page 209, of the Map Records of Denton County, Texas, and continuing along the south line of said Wynnwood Haven Addition a distance of 104.12 feet to a 1/2 inch iron rod set for comer; THENCE N 00022'54" E, along the south line of said Wynnwood Haven Addition, a distance of 7.20 feet top a 1/2 inch iron rod set for comer; THENCE N 89027'06" E, along the south line of said Wynnwood Haven Addition, a distance of 1212.40 feet to a 1/2 inch iron rod set for corner, said point being the southeast comer of said Wynnwood Haven Addition; THENCE N el 014'37" W, along the east line of said Wynnwood Haven Addition, a distance of ~16.46 feet to u.s. Army Corps of Engineers Monument No. C-631-5 found for corner, said point being in the southerly line of Lake Lewisville; THENCE N 79013'24" E, along the southerly line of Lake Lewisville, a distance of 65.97 feet to 1/2 inch iron rod set for comer; THENCE N 49007'29" E, continuing along the southerly line of said Lake Lewisville, a distance of 321.90 feet to U.S. Army Corps of Engineers Monument No. 0-631-3 found for comer; THENCE N 62035'47" E, continuing along the southerly line of said Lake Lewisville, a distance of 1113.10 feet to a 1/2 inch iron rod set for comer; THENCE N 36045'31" E, continuing along the southerly line of said Lake Lewisville, a distance of 762.46 feet to a 1/2 inch iron rod set for comer, said point being in the south right-of-way line Exhibit C - Page 4 page 2 Of AttaChment A to Exhibit C - DALLAS-l 105066 v7 1287522-00010 - - II _1111 1111_--'- _II II II II II II II II II II II II II II of Boyd Road, (a variable width right-of-way): and being in a curve to the right having a radius of955.98 feet, and a delta angle of06010~30"; THENCE along the south right-of-way line of said Boyd Road, an arc distance of 103.03 feet, arid a chord bearing and distance of S 86020'28" W, 102.98 feet to a l/t inch iron rod set for comer; II ... II ~ 111I II II II II II II ijxhibit C - Page 5 page 2 Of AttaChment A to Exhibit C II II DALLAS-l 105066 v7 1287522-00010 II II II II II II II . II 1111- II II II - . II - II THENCE N 89025'42"E, along the south right-of-way line of said Boyd Road, a distance of 1121.61 feet to a 1/2 inch iron rod set for corner; THENCE N 89040'43"E, continuing along the south right-of-way line of said Boyd, a distance of 764.60 feet to a 5/8 inch iron rod found for comer, said point being the northerly northwest comer of said called 324.084 acre tract; THENCE ~ 52021 '50" W, along the easterly line of the said the Rebecca Elaine Ragan Barr trust No. 1 et aI, tract, and the westerly line of said called 324.084 acre tract, a distance of 3533.43 feet to a 1/2 inch iron rod found for co~er; -t.. THENCE South 00042'13" W, along the .sterly line of the said the Rebecca Elaine Ragan Barr trust No. 1 et aI, tract, and the westerly line of said called 324.084 acre tract, a distance of 2349.23 feet to a 1/2 inch iron rod set for comer; THENCE S 88053'07" W, alons the easterly line of the said the Rebecca Elaine Ragan Barr trust No. 1 et aI, tract, and the westerly line of said <ialled 324.084 acre tract, a distance of 1113.84 feet to the POINT OF BEGINNING and containing 10,918,097 square feet or 250.65 acres of computed land. Tract II: II BEING a 62.75 acre tract of land situated in the B.B.B. and C.R.R. Company Survey, Abstract Number 179, the J. Robertson Survey, Abstract Number 1507 and the R. Dunlap Survey, · Abstract Number 352 Denton County, Texas, and a portion of that certain tract of land conveyed to The Rebecca Elaine Ragan Barr Trust No.1; et aI, by deed recorded in Volume 2163, Page · 433, of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING:t a U.S. Army Corps of Engineers Monument No. G-631-1 found for comer, said point being the westerly south line if a tract of land conveyed to Pulte Homes of Texas, L.P., by deed recorded in Document No. 2004-118342, of the Deed Records of Denton County, Texas, said point being in the north right-of-way line of Boyd Road (a variable width right-of-way); THENCE along the common line of said Rebecca Elaine Ragan Barr trust No.1 et aI, tract, and said Pulte Homes of Texas, L.P. tract the following bearing and distances; · N 36046'49" E, a distance of65.06 feet to 7/8 inch iron rod found for comer; S 89040'27" E, a distance of 563.02 feet to a 7 /8 inch iron rod found for comer; N 66048'36" E, a distance of2028.81 feet to a 7/8 inch iron rod found for comer; N 52027'08" E, a distance of962.75 feet to a 7/8 inch iron rod found for comer; S 41 010'53" E, a distance of 627.75 feet to a 7/8 inch iron rod found for comer; N 72052'51" E, a distance of 587.16 feet to a 7/8 inch iron rod found for comer; S 45029'59" E, a distance of303.13 feet to a 1/2 inch iron rod set in a fence line for comer; S 00015' 17" E, a distance of 766.21 feet a 1/2 inch iron rod set for comer, said point being the northeast corner of a tract of land conveyed as right-of-way, by deed recorded in Document No. 2003-R0156593, Volume 5419, Page 6938, of the Deed Records of Denton County, Texas, said point being in the new north right-of-way line of Boyd Road; II Exhibit C - Page 5 . _ Page 3 of Attachm.nt A to Exhibit C DALLAS-l 105066 v7 1287522-00010 11- - -- II II __ II II II II II THENCE S 89Q14'28" W, along the new north right-of-way line of said Boyd Road, a distance of 1322.76 feet to a 1/2 inch iron rod set for corner, said point being in a curve to the left having a radius of 1685.00 feet, and a delta angle of 18058'24"; THENCE along the new north right-of-way line of said Boyd Road, and along the curve to the left an arc distance of 557.99 feet, and a chord bearing and distance of ~79045' 15" W, 555.44 feet to a 1/2 inch iron rod set for come~ THENCE S 89022'59" W, along theJlorth right-of-way line of said Boyd Road, a distance of 1232.80 feet to a 1/2 inch iron rod set for ~mer; THENCE S 88050' 45" W, continuing along the north right-of-way line of said Boyd Road, a distance of 1322.58 feet to the POINT OF BEGINNING and containing 2,733,507 square feet or 62.75 acres of computed land. Tract III: BEING a parcel of land located in Denton County, Texas and in the City of The Colony, Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract No. 179, a part of the James Robertson Survey, Abstract No. 1507, and being a part of that tract of land conveyed to 423- Phillips Ranch, Ltd. described as West Parcel in a Special Warranty Deed dated February 10, 1997 and recorded in Document No. 97-R0010168, Denton County Deed Records, ~ being further described as follows: COMMENCING at a one-half inch iron rod found at the intersection of the northwesterly line of · Lebanon Road (a variable width right-of-way) with the north line of Boyd Road (a variable width right-of-way), said point being in the south line of that tract of land conveyed to the Rebecca Elaine Ragan Barr Trust No.1, et al described as Tract A2 in a.Partition Deed dated May 8,1987 and recorded in Volume 2163, Page 433, Denton County Deed Records; THENCE along the north line of said Boyd Road and along the south line of said Tract A2 as follows: South 89 degrees 18 minutes 27 seconds West, 1232.21 feet to a one-half inch iron rod found for comer; South 88 degrees 46 minutes 06 seconds West, 1322.11 feet to a Corp of Engineer Monument found at the southwest comer of said Tract A2 and in the south line of said West Parcel; THENCE South 89 degrees 35 minutes 43 sewonds West, 312.09 feet along the south line of said West Parcel to a Corp of Engineer.Monument found at the southwest comer of said West Parcel, said point being in the northwesterly boundary line of said West Parcel with the boundary line of the Corp of Engineer Garza-Little Elm Dam and Reservoir, (Lake Lewisville); THENCE along the northwesterly boundary line of said West Parcel and the boundary line of said Garza-Little Elm Dam and Reservoir, (Lake Lewisville) as follows: II North 45 degrees 22 minutes 05 seconds East, 575.78 feet to a Corp of Engineer monument found for comer; Exhibit C - Page 6 Page 4 oj Attaclunent A to Exhibit C DALLAS-I 105066 v7 1287522-00010 II 11- - II - - II _ - - - II --- --- II - --- - II II South 66 degrees 13 minutes 05 seconds East, 550.42 feet to a Corp of Engineer monument found for comer; North 55 degrees 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe post found for comer; South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a four inch pipe post found for II comer; II North 58 degrees 49 minutes 33 siMonds East, 39.21 feet to a four inch pipe post found for corne~ ~ North 09 degrees 43 minutes 33 seco~ds West, 105.85 feet to a four inch pipe post found for comer; North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe post found for comer; South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe post found for comer; North 06 degrees 45 minutes 37 seconds East, 122.83 feet to a four inch pipe post found for corner; II North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of Engineer monument found for corner; North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of Engineer monument · found for corner; South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of Engineer monument found for comer; South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe post found for corner; South 24 degrees 02 minutes 41 seconds West, 30.84 feet to a four inch pipe post found for corner; South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe post found for corner; South 56 degrees 34 minutes 06 seconds East, 24.94 feet to a four inch pipe post found for corner; North 57 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe post found for corner; South 52 degrees 13 minutes 08 seconds East, 775.93 feet to a Corp of Engineer monument found for comer; North 14 degrees 14 minutes 56 seconds East, 649.52 feet to a Corp of Engineer monument found for corner; Exhibit C - Pa~ 7 page 5 Of Attaclunent A to EXhibit C - DALLAS-I 105066 v7 1287522-00010 -- -1111 II II _II - - -II - _II - II II South 41 degrees 03 minutes 50 seconds East, 801.85 feet to a Corp of Engineer monument found for comer in the west line of that tract of land conveyed to Pulte Homes of Texas, L.P. described as Tract 1 in a Special Warranty Deed dated September 2, 2004 and recorded in Document No. 2004-118342, Denton County Deed Records; THENCE South 00 degrees 03 minutes 49 seconds East, 378.39 feet along the west line of said Tract 1 to a one-half inch iron rod found at the northeast comer of said Tract A2, said point being in the southeasterly line of said West Parcel; THENCE along the southeasterly lintlof said West Parcel and along the northwesterly line of said Tract A2 as follows: ~ ... North 45 degrees 34 \pinutes 44 seconds West, ~02.88 feet to a 7/8 inch iron rod found for comer; South 72 degrees 49 minutes 11 seconds West, 586.95 feet to a 7/8 inch iron rod found for II comer; North 41 degrees 15 minutes 03 seconds West, 627.56 feet to a 7/8 inch iron rod found for comer; South 52 degrees 21 minutes 59 seconds West, 962.29 feet to a 7/8 inch iron rod found for II comer; South 66 degrees 43 minutes 39 seconds West, 2028.02 feet to a 7/8 inch iron rod found for comer; . North 89 degrees 45 minutes 28 seconds West, 562.78 feet to a 7/8 inch iron rod found for comer; South 36 degrees 51 minutes 46 seconds West, 64.89 feet to the POINT OF BEGINNING and containing 2,124,390 square feet or 48.769 acres oflaoo. .~xhibit C - Page 8 page 6 Of AttaChment A to Exhibit C DALLAS-l 105066 v7 1287522-00010 -- - II _ -- - II II _---II - II - II II II Attachment "B" to Planned Development District Ordinance Concept Plan II II z II. 11 ~ "'C ~ >11- - ~ ": u.~ =: <D ~ en dII-o ..... n:J ~ M .- '- Q) .-; '0':'.: ~ ~ . "0 ;: . .:::3 C CD "0 in . G;t:::l .:- ~ .Q ~ ; ': -; ro ~ ~ : :; ~ lit l1' ~ al ,- :; ~o >C.~.- ~ ~ I 0. E · ~ .: .... ~.o . ~ , --a mEc: Qcllw:~ .. E ~ I ! I 0.. ~ ..- .- II. .VI ~.. ~ '1- ~ i-=..i ~ W~~Y...r- ~.~ ~ <: !- ~! Exhibit C - Page 9 Page 1 of Attachment B to Exhibit C DALLAS-l 105066 v7 1287522-00010 11- -- -. - - - -- - - 111111 _- . II 1111111111- II . ~ Attachment "C" to Planned-nevelopment District Ordinance Standards, Regulations, and Conditions iECTION II II 2.1 Concept Plan. ~. ,r (a) The Concept Plan Itndicates general locations and delineations of tracts within the PD District. The Concept Plan is accompanied by the Use and Development Standards (Attachment "C", Section II) which establish the permitted uses, development densities and special development standards. The boundaries of each tract shown on the Concept Plan.ere approximate. The acreage shown for each tract shall be subject to minor refinement and adjustments at the time of development plan approval based on final placement and design of bounding thoroughfares and exact determination of buildable areas within each tract, provided the tracts are platted in a manner conforming substantially to the tracts shown OIl the Concept Plan. (b) Concurrently with the submittal of each preliminary plat, the applicant shall submit an updated Concept Plan for the Property to illustrate the intended development of the entire Property at that point in time and taking into consideration areas that have been or are being platted at that point in time. The updated Concept Plan shall delineate the intended land use categories for each area within the Property, such as single family detached, single family attached, multi-family, commercial, o~ mixed use. The ability to transfer density and proposed uses throughout the Property _ as the Property is developed in phases is inherent in the flexibility of this PD District. Flexibility is important in order to re~ond to changes in market conditions, as well as unforeseen design influences which may be discovered during final planning and engineering design. It is intended, however, that t~ overall pMm components be generally consistent with the original Concept Plan included with the PD Ordinance. To insure conformance with this intent, each updated Concept Plan shall include a table-describing the land use, acreage, and number of lots for each platted phase of development within the Property, as well as cumulative totals for the entire Property. Each updated Concept Plan shall, at a minimum, include the level of detail required by this paragraph, as well as the level of detail shown on the original Concept Plan. II II _ Exhibit C - Page 11 Page 1 of Attachment C to Exhibit C DALLAS-II050lW v7 1287522-00010 II II - II - II II II II II - - II II II II 11- II II II 2.2 Development Plans. II (a) Prior to or concurrently with the submittal of a preliminary plat for all or a portion of the Property, the developer shall submit a development plan to the city for the area included within the plat. Each development plan shall contain the information required by Section 1 0-664 in the Zoning Ordinance. The development plan shall also include a preliminary master layout of street l~ht loc~tions throughout the area covere~ by the plan, .as well as a con~tual sIgnage plan for that area. PublIc access traIls connecting difter~ areas within the Property must be s~own on development plans. Public areas, like plazas and patios, are encouraged in non-residential areas such as the town center area shown on the Concept Plan. Where provided, public areas shall be shown on development plans together with a list of proposed amenities within each public area, such as fountains, landscaping, paving, and other similar features. II ~ (b) Each development plan shall be considered by the City Council following a recommendation by the Planning and Zoning Commission. (c) Submittal of the first development plan for all or a portion of the Property must occur no later than four years after the date of the adoption of this PD Ordinance. If the first development plan has not been submitted to the City within four years after the date of the adoption of this PD Ordinance, . the Director of Development Services shall notify the Planning and Zoning Commisiion. After notice to the owner(s) of the Property and review of the facts, the Planning and Zoning Commission may grant no more than two six-month extensions or call a public hearing to determine rezoning of the PD District. The zoning recommended by the Planning and Zoning Commission shall be treated as a zoning amendment under the Zoning Ordinance and State law. (d) A development plan is not required to be accompanied by a plan for permanent care and maintenance of common areas or communally-owned facilities. The maintenance of such areas may addressed at a later stage in the development process. The developer may create a home owners association t~ address maintenance concerns for common are.as. 2.3 Site Plan. (a) Prior to the issuance of any building permit for development other than single family detached development (including amenity centers and other similar uses related to single family development), a site plan meeting the requirements of Section 17 in the Zoning Ordinance shall be submitted for the portion of the Property that will be the subject of a building permit application. Each site plan shall be considered and approved in accordance with Section 1 7 in the Zoning Ordinance. Exhibit C - Page 11 Page 2 of Attachment C to Exhibit C DALLAS-l 105066 v7 1287522-00010 II - 11- -II II II _- II II II II II - 1111 1111 - II II II . II _ II (b) Following a recommendation from the Planning and Zoning Commission, and only if requested by the applicant, the City Council may approve an alternative site plan for one or more lots that includes standards that differ from those in this PD Ordinance, including standards that are more or less restrictive than those in this PD Ordinance. II I SECTtO:N III II 3.1 Definitions. All uses lillCd in Sections 3.2 through 3.4 shall have their ordinary and c~s~omary meani~gs ~ shall be broadly cons~rued to ~llow permitted uses. In addItIon, the followIng uses shall have the followIng meanIngs: (a) Multi-family (garden): Any multi-family use that is not defined herein as a multi-family (mid-rise) use. II (b) Multi-family (mid-rise): A multi-family use that is vertically or horizontally integrated with non-residential into a single mixed use project. Examples include, but are not limited to, multi-family dwelling units located above retail shops. Multi-family (mid-rise) uses are not required to be located above non-residential uses 'or in thellgame building as non-residential uses; however, they are required to be a fundamental component within an overall mixed use project. Multi-family (mid-rise) uses should be designed to give their residents convenient and easy access . to the non-residential portions of the mixed use project. - 3.2 Tract 1. (a) Purpose. The purpose of Tract 1 is to provide for a "commercial center" development located at the entry of the PD District. Tract 1 is intended to include commercial uses, retail, restaurants, offfces, and similar uses. It may also incorporate multi-family (mid-rise). (b) Permitted Uses. Permitted uses shall include all uses authorized by the Zoning Ordinance in the SC (Shopping Center) or GR (General Retail) zoning districts. Where the SC or GR zoning district requires an SUP for a particular use, an SUP shall be required. The following additional uses are permitted by right: (i) All uses authorized by the Zoning Ordinance in single family zoning districts and the-Townhouse zoning district. Restaurants and banquet facilities. - Multi-family (garden). Multi-family residential- mid-rise. Marina and marina related uses. .(ii) ( iii ) (iv) (v) Exhibit C - Page 12 Page 3 of Attaclunent C to Exhibit C DALLAS-I105066 v7 1287522-00010 II - II II II 11- III II 11- II II II II II II II II (vi) Aquatic related lfses including, but not limited to, indoor and outdoor public or private water parks, community swimming pools, pool supply and service centers, boat sales, and service, II parts and accessory sales (inside and outside display), boat, RV, and similar vehicle storage (inside only), boat repair garage, inside (body work not permitted). (vii) Entry commercial. (viii) Golf, cluiltouse, and related facilities. (ix) Indoor ~d <Mltdoor- athletic facilities. (x) Public and private primary and secondary schools. (xi) Fire stations, police stations, and other emergency service facilities. II 3.3 (xii) Public or private parks and playgrounds. (xiii) Community centers, public or private (including private amenity centers) . (xiv) Temporary concrete batch plants. (xv) Engine or motor repair shop. (xvi) Assisted living center. (xvii) C,>nvenience store, including service station (motor vehicle fuel). (xviii) .Childcare center. (xix) Hotel with meeting space. (xx) Stable (commercial or priva~). (xxi) Mini-warehouse. (xxii) Model homes. (xxiii) Temporary sales and/or construction trailers. (xxiv) Customarily incidental accessory uses. (xxv) Church. Permitted Uses - Tract 2. II II (a) Purpose. The purpose. of Tract 2 is to provide for a residential development district consisting primarily of single-family and/or townhouse. units located in the center of the PD District. Tract 2 is also intended to include other ancillary uses that will benefit the residential uses. (b) Permitted Uses. Permitted uses shall include all uses authorized by the Zoning Ordinance in single family zoning districts or the Townhouse Exhibit C - Page 13 Page 4 of Attachment C to Exhibit C DALLAS-l 105066 v7 1287522-00010 II II II II II II 11---- II II 11-- II II II . - zoning district, as well as all customarily incidental accessory uses. The following additional uses are permitted by right: (i) (ii) (iii) (iv) (v) (vi) ( vii) ( viii) (ix) (x) II (xi) (xii) (xiii) (xiv) (xv) (xvi) Golf, clubhouse, and related facilities. Indoor and outdoor athletic facilities. Public and private primary and secondary sc!lools. Fire stations, police stations, and other emergency service facilities~. ~ Public or p~ate parks and playgrounds. Community centers, public or private (including private amenity centers) . Temporary concrete batch plants. - Active adult and age restricted development Assisted living center. Childcare center. Stable (commer'i.ial or private). Model homes. II (a) Purpose. The purpose of Tract 3 is to allow the developer substantial flexibility to establish a town center consisting of a variety of uses. The intended concept is to allow an expansion of the "old world" theme already initiated by the Tribute golf course, clubhouse, and development and to incorporate mid to high-density residential with compatible planning adjacent to commercial, retail, office uses. (b) Permitted Uses. Permitted uses shall include all uses authorized by the Zoning Ordinance in the BP (Business Park), SC (Shopping Center), or GR (General Retail) zoning districts. Where the BP, SC, or GR district requires an SUP for a particular use, an SUP shall be required. The following additional uses are permitted by right: (i) (ii) II DALLAS-l 105066 v7 1287522-00010 11---- -- All uses authorized by the Zoning Ordinance in the single family zoning districts and the Townhouse zoning district. Conference center. Exhibit C - Page 14 Page 5 of Attachment C to Exhibit C II - 11-- II II . II II I 3.5 (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Restaurants. II Multi-family (garden). Multi-family (mid-rise). Restaurants and banquet facilities. Marina and marina related uses. Golf, clubhouse, and related facilities. .' Indoor and outdoor athletic facilities. Public and ~iv!te primary and secondary schools. II II Fire stations, police stations, and other emergency service facilities. (xii) Public or private parks and playgrounds. (xiii) Community centers, public or private (including private amenity centers) . (xiv) Temporary concrete batch plants. II (xv) Aquatic related uses including: Indoor and outdoor public or private water parks, community swimming pools, pool supply and service centers, boat sales, service, parts and accessory sales. (inside and outside display), boat, RV, and similar vehicle storage (inside only), boat repair garage, inside (body work not permitted). (xvi) Assisted living center. (xvii) Convenience store, including service station (motor vehicle fuel). (xviii) Childcare center. (xix) Stable (commercial or private). (xx) Model homes. (xxi) Temporary sales and/or construction trailers. (xxii) Hotel with meeting space. (xxiii) Customarily incidental accessory uses. (xxiv) Church. Development Standards and Density. II SC District Uses. The development of uses listed in the SC (Shopping Center) zoning district shall be in accordance with the provisions of the SC zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein. (a) II DALLAS-l 105066 v7 1287522-00010 II - II - - 11- Exhibit C - Page 15 Page 6 of Attachment C to Exhibit C _II II II_II --- . - (b) BP District Uses. The development of uses listed in the BP (Business Park) zoning district shall be in accordance with the provisions of the BP zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein. (c) GR District Uses. The development of_uses listed in the GR (General Retail) zoning district shall be in accordance with the provisions of the GR zoning district regulations set forth in the Zoning Ordinance, except as otherwise provi~'d herein. All non-residential uses expressly listed above shall be developedjJ accordance with the provisions of the GR (General Retail) district regulations set forth in the Zoning District, except as _ otherwise provided herein. (d) Single Family Uses. The development of uses listed in the Single Family zoning districts in the Zo.ning Ordinance shall be in accordance with the provisions of those zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein. The maximum density for single family detached residential uses shall be six dwelling units per gross acre based on the total acreage within the PD district, excluding the 20 acres dedicated to commercial development per Section 3.6 below. Single family detached development is further limited by the overall restriction on the number of dwelling units within the PD District as set forth below in Section 3.5(h). (e) Multi-Family (Mid-Rise). Multi-family (mid-rise) uses shall be developed in accordance with the provisions of the GR (General Retail) zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein. Multi-family mid-rise uses shall be limited to 60 dwelling units per gross acre based on the total acreage within the PD Distr~ct, excluding the 20 acres dedicated to commercial development per Section 3.6 below, and are further limited to a maximum of 700 dwelling units within the PD District. In addition, multil!!family (mid-rise) uses are further limited by the overall restriction on the number of dwelling units within the PD District as set forth below in Section 3.5(h). II II (f) Multi-Family (Garden). Multi-family (garden) uses shall be developed in accordance with the provisions of the MF-3 zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein.. Multi- family garden uses shall be limited to 24 dwelling units per gross acre based on the total acreage within the PD District, excluding the 20 acres dedicated to commercial development per Section 3.6 below, and are further limited to a maximum of 800 dwelling units within the PD District. In addition, multi-family (garden) uses are further limited by the overall restriction on the number of dwelling units within the PD District as set forth below in Section 3.5(h). Exhibit C - Page 16 Page 7 of Attachment C to Exhibit C II DALLAS-l 105066 v7 1287522-00010 II II _II 11- - II II II --1111 11- -1111 II - - --- - II (g) (h) - II - Townhouse Uses. Townhouses shall be developed in accordance with the provisions of the Townhouse zoning district regulations set forth in the Zoning Ordinance, except as otherwise provided herein. Such uses shall be limited to 12 dwelling units per gross acre based on the total acreage within the PD District, and are further limited to a maximum of 600 dwelling units within the PD District. In addition, townhouse uses are II further limited by the overall restriction on the number of dwelling units within the PD District as set forth below in Section 3.5(h). ~. Cap on Number of&.lwelling Units. A maximum of 1,893 dwelling units are permitted on the Property unless sewer capacity for the ProperQr is increased beyond the capacity available at the time of the adoption of this PD Ordinance, in which case the cap on the number of dwelling units may be increased in proportion to any increase in sewer capacity. (i) Uses Permitted in More than One Zoning District. If a use is permitted in more than one zoning district referenced above in this Section 3.5, such use may be developed in accordance with the standards of any zoning district identified above that authorizes that use, provided. however, that the specific standards in this PD Ordinance shall control over conflicting standards in any zoning district referenced above in this Section 3.5. II 3.6 Minimum Commercial Acreage. _A minimum of 20 acres within tract 1 shall be . developed with non-residential uses that may include, but are not required to inciude, multi-family uses above the first floor. 3.7 Additional Regulations for Single Family Detached Uses. (a) Landscaping. At least two trees that are a minimum of four inches in caliper shall be provided in the front yard of each lot with a single family detached home. Yards adjacent to streets shall be turfed with hydromulch or sod. - (b) Image and General Theme. Landscaping throughout the single family areas within the Property shall include the use of similar materials and products to create a consistent image and level of quality. The general theme of the sin.gle family areas within the Property will be reflected throughout the development with special identifiers and signage. (c) Minimum Masonry Exterior Requirement. At least 75 percent of the cumulative area of all exterior first floor walls on a single family home, excluding windows and doors, shall consist of masonry. At least 50 percent of the cumulative area of all remaining exterior wall space, excluding doors and windows, shall consist .f masonry. For purposes of this provision, masonry is defined as brick, stone, stucco, ana "wood- look" materials such as hardi-plank. - Exhibit C - Page 17 Page 8 of Attachment C to Exhibit C DALLAS-I 105066 v7 1287522-00<WQ.. II - II 11-- II II II -- - II II II II II 1111 __ II (d) Garages and Driveways. Garages may be either attached or detached from the main structure. Tandem garages are permitted only on SF-40 lots. Shared driveways are permitted for lots that are developed under the standards for the following in Table 1: SF 50 (Zero Lot Line), SF 40 (Zero Lot Line), or TH lots. 3.8 Residential Standards. Each platted phase of development within the Property that includes single family uses shall include single family lots from one or more of the categories fo~~' in Table 1. Each lot category shall be developed according to the lot develCfJ.11ent criteria included in Table 1. All residential uses shall comply with the applicable standards in Table 1. The requirements in Table 1 are the exclusive lot, area, setback, coverag~, height, spacing, parking, and dwelling unit size requirements applicable to the uses identified in Table 1. II Table 1 II I III II II: I I I "I : : : I ~II ~ I r 111111: 'I ~ ~;I :! I II: Ii III I ~ I \ II ~ I III I I I 1,1 II 111111 I II II ~ III I ~ I II Iii I I II !..... ~ III1 III ~ I I : 11111 I I" 1111 1111 II I I I: 1I1I1 III "111 III ,.. ~ III . II =11 II ~II lJ II II III IIII 'II ~III 1111 ~ I 11\ II I ! 1111; "11 II III III I 11"1 III ~ I Ij I II : ~ III : ~ I 11111 I III I III I III I ~; IIII I I. ~ ':; I III 111111 "I III d III L.-111 \ 1,1 I i II1I ~ t III I I I -III 1111111 ~ III II : ... [1,111 III I: II II I ~ ~_: III I I ~1 11111111 II I ~I :::I~ II ..: 1111 II: III I III II I II II III I III II. II II I I 111 . I l: j [-11\ :I~ : II II I ~: I I r=: II III II Min. Min. CATEGORY 50' 40' Min. Min. Min. Min. (Zero Min. ( Zero Min. Min. Min. Criteria 80' 70' 65' 50' lot 40' lot line) 25' line) Minimum lot See Five area (sf) l-2,000 9,000 7,000 5,000 4,750 4,000 3,750 2,500 Note 7 acres Minimum lot See width (ft) 80' 70' 65' 50' 50' 40' 40' 25' Note 7 80' Minimum lot II width on curve See or cul-de-sac Note 7 (ft) 75' 65' 55' 45' 45' 35' 35' 25' 80' Minimum 18t See de th (ft) 120' 100' 100' 100' 100' 90' 90' 90' Note 7 120' Minimum lot depth on curve See i1r cul-de-sac Nate 7 120' II (i:) 110' 95' 95' 95' 95' 85' 85' 85' Minimum front ard setback (ft) 25' 20' 15' 15' 15' 10' 10' 10' See 50' Exhibit C - Page 18 Page 9 of Attachment C to Exhibit C DALLAS. 105066 v7 1287522-00010 II - II - _II - II II - II II 11- - II - II Inlmum garage from See front property Note 7 line ft 25' 20' 20' 20' 20' 20' 20' N/A .1' Minimum side See ard setback ft 8' 7.5' 5' 5' 3' / 7' 5' 3' / 7' N/A Note 7 50' Minimum side II yard setback on ~e a comer lot ft 15' 15' 10' 10' 10' 10' 10' 15' Note 7 50' Minimum ~istance between N/A N/A N/A 20' . Maximum lot See covera e (%) 50% 50% 50% 50% 60% 70% 75% 80% Note 7 50% 1 space per unit Minimum for efficiency or IB; 2 spaces per number of unit for all other ark in s aces units Maximum building height See above grade Note 7 (also see Notes 8 and 9) 45' 45' 45' 45' 40' 40' 40' 45' 50' Minimum Dwelling Unit Size in Square Feet 1,800 1,800 1,800 1,800 1,800 1,600 1,600 1,500 600 600 Notes for Table 1: 1. If designated as "zero lot line" development, the minimum side yards on a lot shall be three feet ("zero" side) and seven feet maintaining a minimum of ten feet of separation between adjacent structures. The "zero" side shall be designated on the final plat. A Exhibit C - Page 19 Page 10 of Attachment C to Exhibit C DALLAS-l 105066 v7 1287522-00010 II II II - - - II -1111 __ - - II 11-- -II - - II 1111- two-foot use easement for the lot adjacent to the "zero" side shall be established on the final plat. 2. Lot width shall be measured at the front building line. 3. Minimum dwelling unit size is measured as the air conditioned floor area of a dwelling unit, exclusive of breezeways, garages, patios, and acce~ry buildings. 4. A developer hat'the option of designating a single front yard for a comer lot containi~ a single family detached use. The required front yard shall be identified on the final plat. 5. The reClllired parking spaces for single family detached and iownhouse uses must be enclosed. 6. A maximum ten-foot encroachment in the required front yard setback area is permitted ~r one-story elements, such as a one- story front porch. 7. Unless another standard is expressly stated in Table 1 for MF (Mid-Rise) development, development shall comply with the least restrictive standard provided by the SC, OR, or BP zoning district. 8. Any single family dwelling unit that meets the height limits specified in Table 1 is deemed to be three stories or less in height for purposes of the requirements of the International Residential Code, as amended, regardless of the number of above or below ground levels in the structure. 9. The term "height" means the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 3.9 Development Standards for Non-Residential and Mixed Use Development. II (a) The maximum floor area ratio of each non-Jesidential building or mixed use building is 6: 1. (b) Buildings may' be a maximum of ten stories in height, provided, however, that buildings containing uses that are authorized by the BP (Business Park) zoning district in Tract 3 are limited only by the maximum height for structures established by the Federal Aviation Administration consistent with the height regulations for the BP zoning district. II 3.1 0 Buffers. Buffers required by Section 17 A in the Zoning Ordinance shall only, be required in connection with mult~family or non-residential development. The Director of Development Services may approve an alternative landscaping plan Exhibit C - Page 20 Page 11 of Attachment C to Exhibit C DALLAS-l 105066 v7 1287522-00010 _II - II - --- - II that does not provide the required buffer if adequate alternative landscaping is provided that meets the spirit and intent of the landscaping regulations in Section 17 A in the Zoning Ordinance. 3.11 Parking. Parking spaces shall be a minimum of nine feet in width by 20 feet in length; however, a maximum of 35 percent of the required parking spaces for a non-residential use may be compact parking spaces that are-a minimum of 7.5 feet in width and 16 feet in length. ~ Screening. Wood fenein~ materials may be used to satisfy the screenIng requirements in the Zoning-ordinance. 3.12 II SECTION IV The intent of this Planned Development district is to enable new designs and standards. It is intended, therefore, that there may be a need for creative urban design standards, such as narrow streets, smaller setbacks, and landscaping to enhance the developments. Specific proposals in this regard will be presented in the platting process, and may necessitate increased fire protection measures in order to be approved. SECTION V Spacing for illumination standards will be allowed up to 400 feet (plus or minus 20 feet in special situations). Light fixtures shall provide a minimum of one hundred watts metal halide ill uminations. SECTION VI Marketing signage advertising the development of the Property is permitted within the boundaries of the Property. Such signage shall be substantially similar to that shown on Attachment "D." The City Council may, following a recommendation by the Planning and Zoning Commission, approve alternative marketing signage within the Property that is not substantially siJ1lilar to the signage illustrated on Attachment "D." Main marketing ideiWification signage may be double-faced, a maximum size of 150 square feet, and a maximum of 14 feet in height. Village identification signage may be a maximum of 80 square feet and ten feet in height. Amenity center, common area, and model home signage may be a maximum of 40 square feet and eight feet in height. Marketing signage shall not be allowed within public rights-of-way or easements without a City-approved encroachment agreement. Exhibit C - Page 21 Page 12 of Attachment C to Exhibit C DALLAS-I 105066 v7 1287522-00010 - - - II II - II II . II II Attachment "D" to Planned Development District Ordinance Example of Permitted Marketing Signage II 2i:i=ir-- plrimaw VellicuJlr Di-rt'b.al I. 1 hfdIrtII ~ ... Modell dentif_tion ~s .seco~dary Vehicuitr Dir.ional II=--=-~-- 1* _ -I'.. II 16DIlilD'T 2:..- -'St.tl Iniivi.u~ Lot.Stg~ 3~... l15eCif>rWary Identificaflbn "'n' -~~ 1e"ia~ Identifidlltion ~gns ~,eiilborhood ~liantryBa nne~ DALLAS-I 105066 v5 1287522-00010 Exhibit C - Page 22 Page 1 of Attachment D to Exhibit C -- II l1ec~ ~l ~.:p* II II ~~~~ PIioJeet ltI~ullllNVl~ n WiU.ld9lli:ifrcatiQlrl SigR II II II ..M...ID....1nglHld1d MaWM~Jft:ting l~riific!Picln Sign Exhibit C - Page 23 Page 2 of Attachment D to Exhibit C DALLAS-I 105066 v5 1287522-00010 .. .. II