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480-509A OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-509a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "R-PUD" Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved propertywith reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres, and more fully and completely described in exhibit "A" from "R-PUD" Residential Planned Unit Development District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Development Plan, including "R-PUD" development standards, attached hereto and incorporated herein as Exhibit "B." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 2nd day of September, 2008. MAYOR as®a,wt'+terh? ATTEST: r (4 P i ~ • • y • 1 ° O ° CITY SECRET Y ° r,,,rrr'e n ~ ~aaaaa`,~ 1(o th PASSED AND APPROVED on the 2nd reading the j,~;th day of September, 2008. MAYOR ATTEST: a,®aoF, ,.,e,, 0\3 Yam: • o~: CITY SECRETAFV( S' APPROVED AS TO FORM AND LEGALITY: n `1 rrrrrrr,°d161111 aaaaa`aa` CITY ATTORNEY DATE: Ju! 21, ADOPTED: EFFECTIVE: ~~e~lnt~n Iq, EXHIBIT "A" Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres. LEGAL DESCRIPTION BEING a 7.972 acre tract of land in the Samuel Freeman Survey, Abstract No. 525 in the City of Southlake, Tarrant County, Texas and being a portion of that certain tract of land as described in deed to Earnest E. Taylor, Jr. as recorded in Volume 8348, Page 1174 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod set with a "TQ Burks #5509" cap at the southeast corner of herein described tract and said point also be~'ng the southwest corner of Lot 2, Block i of the Shropshire Addition an addition to the City of Southlake as recorded in Volume 388-154, Page 65 of the Plat Records of Tarrant County, Texas in which being by said plat call S 02' 15' 07"W 1.70 feet from a 1/2" iron rod found, said point also being in the north line of Lot 1R, Block A ST. Laurence Episcopal Church Addition an addition to the City of Southlake as recorded in Cabinet A. Slide 3900 P.R.T.C.T.; THENCE S 89' 54' 26" W along said north line a distance of 171.20 to a 1/2" iron rod found and said point being at the southeast corner of that certain tract of land as described in deed to the Corporation of the Episcopal Diocese of Fort Worth as recorded in Instrument No. D205280217 D.R.T.C.T.; THENCE N 00' 41' 21" E a distance of 99.96 feet to a 1/2' iron rod found; THENCE S 89' 37' 07" W a distance of 410.09 feet to a 1/2" iron rod found in the east right-of- Ray line of North Kimball Avenue (R.O.W. varies) and being by deed call the northwest corner of said Corporation of the Episcopal Diocese of Fort Worth tract; THENCE N 00' 21' 55" E along said east right-of-way a distance of 556.98 feet to a 1/2" iron rod set with a "TQ Burks #5509" cap and said point being in the south line of that certain tract of land as described in deed to Luther L. Hillman as recorded in Volume 14254, Page 444 D.R.T.C.T.; THENCE N 89' 45' 52" E leaving said I ht-of-way and passing at 5.40 feet a 3/4' iron pipe and continuing in all a distance of 602.34 feet to a 1/2" iron rod set with a "TQ Burks #5509 cap and said point being the southeast corner of said Hillman tract and also being a point in the west line of that certain tract of land as described in deed to Richard Keith Oates and Cindy Ziglar Oates as recorded in Volume 12338, Page 1352 D.R.T.C.T.; THENCE S 02' 15' 07Gi distance of 656.90 feet to the Point of Beginning and containing in all 347253 square feet or 7.972 acres of land. EXHIBIT "B" e S { 4 z i Uf f 3 a WI C~ ` x. 4 n G ~ww a . 2r 71ritKLI .K f z~_ C - 4 t 9 ~ ~~a = ti ~ep t 7p~nn (O$gr i(: a E y _ F i h 93, J. 1C ~y yi{ at 0 CPl 'v rA ZA08-012 PROPOSED "R-PUD" USES & REGULATIONS Residential Planned United Development District- Land Use and Development Regulations for Estancia at Southlake This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF-20A" Single-Family Residential zoning district and the City of Southlake Subdivision Ordinance No 483; as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than eleven thousand (11,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than twenty-five (25) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet. Side Yard Adjacent to a Street: The minimum side yard abutting a street shall not be less than twenty (20) feet, unless otherwise noted. Rear Yard: Each lot shall have a minimum rear yard of twenty-five (25) feet. Lot Width: Each lot shall have a minimum width of seventy (70) feet, measured at the Front Yard setback line for each lot as indicated on the Zoning Site Plan. Lot Depth: Each lot shall have a minimum depth of one hundred twenty (120) feet, measured at the Side Yard setback line for each lot as indicated on the Zoning Site Plan A minimum 4' wide concrete sidewalk shall be required on both sides of all internal streets, except where Open Space Lots front the street, in which case the "Internal Trail" location shall be as shown on the Zoning Site Plan. Streets shall have a 40' R-O-W, with 30' of paving ti YYi~ YY2~ ~6' x .m•Y y~ _ X +r. s~~8 Cs- N -0i. c ,Q~ of r a Qi •v 5 its JIII ~13. N f 3 t O - _ r 77 4 = ro '3 A V I T Y ~t yy t~ N - t11 Y. m J W W a a,~ ~ Z ~ 3 =~2 ~i~, o Z ~ ~ W _ j ?LQ W?4•J 4z Vr Wi WSJ ZI) W OOL~ Q V L-J! L eL3-Q~~ Z ate! ie3 V 'r V36g~ 1 m a.Ji~. LL W ;rZ lee {mod i W CLI O o h,' Z~x 1g7 m oz: LLC y~~ nom,°5 0 c 14 a. t ,t W k'~1 Q W 1J~ F i pxk`~. o Ci soxal'agaPRnos a. 9 y PIMA P10AW03 z 04 s ~ s I iJ 6 N -r I g ~'a, lip Q. i. J { z x r r zd I=1 I I= N 9 W a 2' cc t F_ .Y 0 L-1 LL z yp ri A ~n 11- J- L W - N ' h o n~•~ r Z f~ I ILI 0: ILI - 1 slr v Q ry F e i! ' (r LL Y z } fi, O ^ ■ Exhibit "C" Additional Development Standards based on the Covenants and Restrictions Section 3.3 Approval Process. Submission of Plans. Any party wishing to construct a Residence or any Structure on the Property shall submit one (1) copy of complete plans and specifications in 8 Y2" X 11" size or no larger than 11" X 17" to the ACC for its approval prior to commencing construction. Such plans and specifications shall include • Engineered foundation design plan, • A detailed landscaping and outdoor lighting plan and description, • Detailed lot grading plan, • Detailed fencing plan, • Tree preservation plan that shows all trees on the lot and which trees will be removed • A site plan showing the location of all improvements on the lot and elevations, square footage of the living area, masonry percentage, roof pitch and floor plan showing garage area of the proposed Residence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the proposed Structure or Residence. (c) Garage Requirements. Each Residence shall have at least a three car garage constructed as a part thereof. No garage shall face a residential street or any of the Common Properties unless approved in writing by the Architectural Control Committee. Whenever possible, an auto court shall be formed with screening walls and/or landscaping around these spaces to reduce garage door impact and substantially screen the garage door from view the street. All garage doors to be of highly quality wood cedar. An example of the type of the exact type of door must be submitted to the ACC for approval prior to installation. (e) Windows. Windows minimum - high quality Anderson, Pella or similar product to be used on entire front of home. High quality vinyl windows to be allowed with ACC review and approval on other less visible areas of home. (1) Accessory Structure Provisions. All ancillary Structures (as described below) shall conform to the requirements of this Section. ACC approval is required prior to construction of any accessory structure, including butnotlimited to sheds and permanently installed playhouses. Applications for accessory structures will be reviewed with regard to Lot size, setbacks, and primary building size. Accessory structures should serve as functional elements and enhance the aesthetic qualities and visual theme of ESTANCIA AT SOUTHLAKE. Accessory structures such as permanent storage sheds and gazebos shall be located in the rear yard or in a location not prominently visible from the street, and shall adhere to the standards herein. Storage sheds, and gazebos shall be architecturally compatible with the home. Accessory structures shall meet the following criteria. • Accessory structures shall be of the same color, material, and architectural style as the main residence or of color, material, and style that is generally recognized as complementary to that of the main residence. • An accessory structure's roofing materials shall match those of the main residence. • Accessory structures shall be no larger than 8'x8', unless a variance is given • Accessory structures shall conform to the side and rear yard setbacks. • Accessory structures shall not unreasonably obstruct any adjacent neighbor's view Carports (non-fully enclosed automobile shelters) are prohibited. (1) Antennae/Satellite Dishes. The erection, construction, placement or installation of any television, radio, or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcasts or for any means of communication upon a Lot or upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated pursuant to the Telecommunications Act of 1996, as amended from time to time. The ACC or the Declarant shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non- discriminatory restrictions relating to safety, location and maintenance of antennae. All television antennas and other antennas and aerials shall be located inside the attic of the residence constructed on the Lot. Amateur radio towers and antennas (whether for reception or transmission) are specifically prohibited. No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or Structure without prior written approval and authorization of the ACC Satellite dishes larger than one (1) meter in diameter are prohibited. The satellite dish or antenna shall be placed in the rear or side yard in such a manner that it is screened from view from adjacent streets and neighboring properties. (2) Fences and Walls. Fencing shall be of brick, stone, metal, cedar or a combination of same and require ACC approval. All fencing and pool barriers shall meet the City's Pool Code. (a) No fence, walk gate, driveway gate, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the ACC and the design of and materials used in the construction of fences shall be subject to the prior written approval of the ACC. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line indicated on the Plat, unless otherwise permitted by the ACC and in accordance with the requirements of the City. No fence may be installed upon any public sidewalk, Common Properties or pedestrian easement, unless approved by the ACC. (b) Front Yard Fencing. Fencing will be allowed to extend from the perimeter of a dwelling to the side or rear property lines, provided; however such fence shall be set back at least ten feet (10') from the primary perimeter dwelling wall facing the street. All fences, walk gates and driveway gates facing the street on which the house fronts shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be constructed with brick or stone columns at the corners that are consistent and complimentary with the homes exterior. All fences, walk gates and driveway gates facing the Common Properties shall be of black ornamental iron per the specification identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary with the homes exterior and require prior written approval of the ACC. All fencing shall be of construction identical to the type of construction used on the residence located on such Lot and no higher than six feet (6). All air conditioning compressors, pool equipment, and other mechanical equipment shall be screened from public view. (c) Side and Rear Yard Fencing. Fences should be provided for privacy of yards and patios, screening of equipment and garbage containers in side and rear yards. Fencing between Lots shall be of ornamental iron or wood material, any wood fence shall be constructed of cedar material or better, has slats which are installed vertically only (not horizontally or diagonally), is no higher than six feet (6): and stained with Ready Seal #015 Medium Brown only and in accordance with the specifications identified on Fencing Addendum attached hereto as Exhibit D. All side yard fences on corner lots that face a street or common area shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be constructed with brick or stone columns at the corners that are consistent and complimentary with the homes exterior and constructed within the side yard building line, unless otherwise approved by the ACC. All fences, walk gates and driveway gates facing the Common Properties shall be of black ornamental iron per the specifications identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary Wth the homes exterior. Driveway gates facing the side street on corner lots shall also be of black ornamental iron as specified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns and require prior written approval of the ACC. All fences visible to the street may be required to screen with shrubs and/or brick or stone columns per the direction of the ACC. (d) Fences are not permitted to block the flow of water on any drainage easements or adversely effect the drainage of the lot or any lot adjacent to it. Any fencing will have to be approved by the ACC. The ACC may, from time to time at its sole discretion, permit Owners to construct fences or walls, which are in variance with the provisions of the paragraph where, in the opinion of the ACC, the fence or wall is an integral part of the home. (6) Retaining Walls. Retaining walls, other than those constructed by the Declarant, require prior written approval by the ACC to ensure conformity with the requirements contained in any Design Guidelines with respect to location, construction, and materials. The Owner / Builder of the "high side" property shall be responsible for installation of side property line retaining walls. Retaining walls shall not exceed four (4) feet in height, unless engineered by a licensed engineer in the State of Texas, there shall be a minimum of five (5) feet between adjacent walls, and walls shall be located so as not to alter established drainage patterns. Except for those built by Declarant or its affiliates, any retaining walls either between Residences or along or adjacent to the side or rear property lines of Lots shall be constructed of masonry or stone materials unless the ACC has otherwise provided prior written approval. (10) Exterior Lighting. The ACC requires the installation of natural gas lamps on front of the home when compatible with the particular home and desired look. ACC approval is required prior to changing or adding exterior lighting. In reviewing lighting requests, the ACC will consider the visibility, style, location and quantity of the light fixtures. Landscape lighting fixtures shall be dark-colored so as to be less obtrusive and shall be as small in size as is reasonably practical. Exterior lighting shall not produce glare or direct illumination across a property line of an intensity that creates a nuisance or detracts from the use or enjoyment of adjacent property. Lighting for walkways generally should be directed toward the ground. (11) Rain Gutters. Use of round, copper color, rain gutters with decorative rain collection boxes on the front of the residence is required The use of round gutters shall also be required in other high impactareasas determined by the ACC and the use of rain gutters is required to capture all drainage coming of the roof. Section 3.5 Construction Materials. All construction materials shall conform to the following provisions: (a) Building Materials. Except to the extent a higher percentage is required by the Appropriate governmental agency, the total exterior wall area (as used herein the term "total exterior wall area" shall exclude windows, doors, porches and gables) of each building constructed or placed on a Lot shall be not less than 100 percent (100%) brick, stone, Portland cement stucco, masonry or other material approved by the Declarant. Masonry siding such as hardi plank or similar products is specifically NOT an acceptable product to use, nor is Efis or other simulated stucco products. All areas above the height of the top of the standard height first (1s`.) floor are not excluded from the calculation of the total exterior wall area. All materials shall be subject to approval by the ACC in accordance with the provisions in any Design Guidelines as to aesthetic appearance and shall conform to any and all governmental agency ordinances. The following are specifically prohibited except with the express written consent of the ACC: • Metal structures such as sheds • Metal as a building skin • Mirrored glass • Exposed cinder block • Vinyl siding • Pressed Masonite (b) Minimum & Maximum Livable Floor Area. The total air-conditioned living area of the main residential structure constructed on each Lot, as measured to the outside of exterior walls but exclusive of open porches, garages; patios and detached accessory buildings, shall be as follows: The Minimum livable square footage on all lots shall be 3,500 square feet with a minimum 75% on the 1"floor with no Maximum square footage. Section 3.6 Height Restrictions. All Structures shall conform to the height restrictions of the governmental agency and shall not exceed two and one half (2 stories. Section 3.7 Roof Restrictions. All roofs shall have at least a 10:12 pitch on the main structure and on garage structures unless otherwise approved by the ACC. All roofing materials must be fireproof and conform to governmental agency requirements, and are subject to ACC approval. Asphalt shingles shall be minimum of three-ply35-year dimensional architectural grade shingle or equivalent is required. The color of shingles shall be "weatherwood" or similar color Lower pitch to be allowed for Mediterranean or Tuscany type architecture. Tile shingles or similar "hard" roofing material (samples and color to be approved by ACC in advance of construction) to be required of any Mediterranean or Tuscany type architecture. (b) Landscaping. (1) General - A site plan showing the house location and landscape plan must be submitted as a part of the plan approval process. Landscape plans must show existing areas to be left undisturbed, proposed planting areas, sodded areas and all tree locations both existing and proposed. Final plans must include a plant listthat includes the botanical and common names, plant sizes and spacing. All landscaping required shall be installed bythe Builder and must be installed by the earlier of either two weeks following the completion of a house or two weeks following change of ownership. Views from the roadways, lakes and amenities toward a landscaped yard should complement the appearance of the existing natural vegetation. All front, side and rear yard areas must be landscaped and should contain primarily native plants selected from the Recommended Tree and Plant List. A listing of the recommended plants is contained in Exhibit G. The existing native trees and shrubs may be trimmed or shaped to accent the landscape design. Native plants or trees or varieties which do well in the climatic zone of the site are required. ACC review of landscape plans will focus on plant selection. Ease of maintenance should be considered in the design of the landscape. (z) Lawns - St. Augustine species, Bermuda and Hybrid Varieties are suitable as a lawn. Buffalo grass is not allowed as a lawn grass. The ACC may require a specific grass variety for certain locations for consistency and visual continuity. Front and side yards on all lots shall be sodded. Rear yards shall be sodded a minimum of 4 around the perimeter. (Exception: All rear yards visible from common greens, and/or the golf course must be sodded.) No gravel or rock shall substitute as a ground cover, lawn or mulch. (s) Shrubs - Shrub masses can be used to buffer intruding noises and views and screen private areas. All shrub plantings shall be massed in groupings of three or more plants. Formal hedge lines as a buffer device are acceptable (4) Trees - A minimum of two shade trees are required to be planted on each lot. The number and size of trees required will vary with neighborhoods. Seethe appropriate neighborhood specific Streetscape Plan for details. (Exception: existing lots with trees to remain ) Note: Removal of single trunk trees in excess of 4" in diameter or multi-trunktrees in excess of 6" in total diameter requires prior approval of the ACC. (Industry standard measurement shall apply: trees 6" caliper or smallershall be measured 6" above natural grade. Trees larger than 6" caliper shall be measured 12" above natural grade.) (d) Lot Grading. Owners shall not grade their property in a manner that interferes with the established drainage pattern over any property, except as approved in writing by the ACC. Owners should work with the natural contours and seek solutionsthat minimize the impact of grading with respect to major alterations of existing grades. Grading shall not extend onto adjacent properties without approval of the Owners of those adjacent properties. Berms, slopes and swales may be used to define spaces, screen undesirable views, and reduce noise and high winds but should notexceed three (3) feet of horizontal distanceto one foot of vertical height (3:1 slope). This will permit greater ease of mowing and general maintenance. Extensive cuttfill slopes are discouraged. Fill slopes shall not exceed 3:1. Cut slopes may be 3:1 if the soil's natural angle of repose allows. Terracing which utilizes retaining walls may be used where the space cannot accommodate the maximum slope, provided that retaining walls shall not exceed four (4) feet in height, with a minimum of five (5) feet between adjacent walls. Retaining wall locations are subject to ACC approval. Section 4.1 Owner's Obligation to Maintain. Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition. Each Owner shall regularly mow grass and maintain the landscaping on its Lot in good condition at all times. Each Owner shall maintain the exterior of all Residences and Structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the Property. r _ - GAINES= MANUFACTURING, IN C. CLASSIC MAILBOX COLLECTION CIASSR SERIES a~ CLASSIC DOUBLE MauNT ~5~ 247L.1 $R1p. _t~d1~~ Two Qmc Top ipecEs can be Gassic Top fire [without posts SCfewed omit our spbwWy designed 9 uminurn pD•rider coatetl nounting Face Milo t ~Sr a. i r plate ror a double rnouni. • Ctastit daihle NnurttlS+7!4S4R~SI^3 po j Learm rnwe oft this product Yieh• produa Im_photo Gallery CLAMC OPTIONS F*➢n Secu ( Address P~lSiSr 8e[k !M1a.urJnp pare is avyluM. 0 all [Ercr i. rye»,w~ C'10R4 M G!~!5 MxFRacW~i. I.x 14t f4pNZ fssf.C4 '._Yn:r L~B~rGC waifAm. Tn1ee rd tw. ~c+~~• raw t +L~fitMES- ~ , NAWFA ~i CLASSIC MAILBOX COLLECTION! _ • . '..1 Boom SPECUICATIONS AS-WC Srasee chck c' o cc ci 'c •re if s: atr.0.^: Part Nwnbec O'SitC Calar: Black Clacsh- m [box (cor 4ete!? taSiAi} Vii: Pollshed Brass Classic Tom Pled (wittlout Height: sa i1v Cil~k_Filce Plate [front arNv) Wdth: i, _ p¢_!~t_M1RLLf?~ [two tai. ane ? Dep&.: _0" ) Welght 41 itzs. L'~n ~ e,about thL. prregW Y12w 0.raduet ht_PhQ~>ry CLASSIC OPTIONS HIOh Serurity 40dres_Ptague Eack Atcrtts: ORNMEMTA L IFMN F yCM WALK GATES 2N.MCW t I i UM GRCkJ~ iCiJEL ti NOTM ARCH 70P SELF CLOSP9WSELF LATCHING WAIXGA*M TO MEET COLLEYVII I E POOL FENCE CODE, NOTE: All metal fencing visible from any street or open space shall be of a solid metal material and NOT the hollow tubing as shown herein. 112 X 112 5T'EEL I ANNG AT 2 3 1W- OC W 51TEL POST 5TONE CAP COWMR i U2 If U2 FOREtBY 5Tw'L TtzWG rKPJM S1YLE W AGM- W X q I ~ E= WATM TABLE a r •ti 0?40 ID LfVft BRi[XC WIAN wnx STEEL FENM NOTE: All metal fencing visible from any street or open space shall be of a solid metal material and NOT the hollow tubing as shown herein. ORNAMENTAL IRON FENcmG FOR FENCING FACING SIDE YARD, REAR YARD OR COMMON PROPERTI-S E12 X 112 STWI TUBING Al 2 3 IN. dC 2X2 MIL P05T 5011E CAP COLIN FDXMBY i/2 X r ire EMCK Srn.E 5TH TUe~cG BY ACME 61= i 6 w b BRICK W-M TAB V clv NOTE: All metal fencing visible from any street or open space shall be of a solid metal material and NOT the hollow tubing as shown herein. ORNAMENTAL IRON FENCING FRONT YARD FACING STRSET 1/2 5TM (LONG ALTETtNG AT 4 IW. 0. SPEAR TOP OR 51VI AK 1 112 % i V2 2 1111 DLA CAP =d njew 4 1 h N RH;iF ME1 GO ! QDn1a~[i W 111A 3.Q:10 STi$1•SKU EFECS MQN1 Y90 FJON0 STREET NOTE: All metal fencing visible from any street or open space shall be of a solid metal material and NOT the hollow tubing as shown herein. INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 300261991 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 9/21/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days OCT - 9 u Due Date: 9/30/2008 Bill To: PO Number: 20801261-000 CITY OF SOUTHLAKE ^. nil' :.,f- , �+ 1400 MAIN ST GFF1C_ n;' ,y ; SECRETART Order Number: 30026199 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Dates: 9/19/2008 -9/21/2008 Description , - 6 i. ;', CITY OF SOUTHLAKE ORDINANCE NO I3580 1 115 115 LINE $0.42 $96.65 Sales Discount ($8.50) Misc Fee $5.00 Net Amount: $93.15 `i\�G, CHRISTY L.HOLLAND N•=o f ,�o D My Commission Expires Cr , �>, July 31,2012 ` �, THE STATE OF TEXAS OF ' ?j County of Tarrant `���� / Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Lega dinatoYfor the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did de 'd say that the attached clipping of an advertisement was published in the -••ve named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed \ _110_,�k \� ��1 II i. SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesd. 4 -ler 24,2008.i / /�, Notary Publi, //L ,I/, _ ��� J-t 0 r) ..... Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 300261991 Invoice Amount: $93.15 PO Number: 20801261-000 Amount Enclosed: $ ti CITY OF SOUTH- LAKE ORDINANCE NO. 480-509a AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS TRACT 5A4, SITU- ATED IN THE SAM- UEL FREEMAN SURVEY, AB- STRACT NO. 525, BEING APPROXI- 7.97 ACRES,YAND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DE- VELOPMENT TO"R- PUD" RESIDENTIAL PLANNED UNIT DE- VELOPMENT DIS- TRICT,AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOP- MENT STANDARDS, ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B", SUBJECT TO THE SPECIFIC REQUIREMENTS'! CONTAINED IN THIS, ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP;' PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL DRDINANCES; PRO- VIDING A SEVER- AB!''„re• CLAUSE; � c.7MG FOR A y,j gALTY FOR VIO- 'LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is I permitted to exist shall constitute a separate offense. PASSED AND AP- PROVED THIS THE 16th DAY OF SEP- TEMBER, 2008, DURING THE REG- ULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary r INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 299841061 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/31/2008 Federal Tax ID 22-3148254 cp 1 2n7 Terms: Net due in 21 days Due Date: 8/31/2008 Bill To:CITY OF SOUTHLAKE OFFICE Or r'"' PO Number: PO#20801261-000 1400 MAIN ST Order Number: 29984106 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Dates: 8/30/2008 -8/31/2008 I Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13SS() I 128 128 LINE $0.42 $107.18 Sales Discount ($8.50) Misc Fee $5.00 Net Amount: $103.68 , `'1;(iit� CHRISTY L.HOLL.AND = j- My Commission Expires ,4 July 31,2012 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the =•eve named paper on the listed dates:BIDS : LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed _ ASa\ t • SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday Sep • 4/- 0 ,2008. / /t4r / Notary Public .A Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 299841061 Invoice Amount: $103.68 PO Number: PO#20801261-000 Amount Enclosed: $ Legal Notices TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; CITY OF SOUTHLAKE PROVIDING THAT, Notice is hereby given SHAIS ORDINANCE by the City Council LATIVSHALL BE CU ALL of the City of ORDINANCES;OF RO- Southlake, Texas, SEVER- that - a public hearing AIDING A will be held on ABILITYCLAUSE; F September 16,2008, PROVIDING A at 5:00 p.m. or im- PENALTY FORR O VIA; V mediately following P the Work Session, PROVIDING A SAY; HEREOF;during the Regular INGS CLAUSE; City Council meeting PROVIDING FOR to be held in the City THPUBLICATION IN Council Chambers of NEWSPAPER;OFFICIAL Town Hall, 1400 R AND EF- Main Street, South- PROVIDING E.N lake,Texas. Purpose SFECTIVE DATE. of the public hearing AnyEyTION 7. is to consider the orationerson, firm vi- second - reading of corporation who the following ordi- olates, disobeysr , nance: refuomits, neglectsocomply ORDINANCE NO.480- with or to cempls s 509a theh nwho entres f AN ORDINANCE enforcement of AMENDING ORDI- any of the provisions NANCE NO. 480, AS of this ordinance AMENDED, THE shall be fined noo t COMPREHENSIVE more han Two ZONING ORDI- ThousandDollars NANCE OF THE CITY offense. ($2,000.00) for each OF SOUTHLAKE off Each day TEXAS; GRANTING that a violation is A ZONING CHANGE shall cons ed to exist se ON A CERTAIN separate offft a offense. se a TRACT OR TRACTS OF LAND WITHIN L of Southlake Pyne THE CITY OF LoriSecretary SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS TRACT 5A4, SITU- ATED IN THE SAM- UEL FREEMAN SURVEY, AB- STRACT NO. 525, BEING APPROXI- MATELY 7.97 ACRES, AND MORE FULLY AND COM-1 PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DE- VELOPMENT TO"R- PUD" RESIDENTIAL PLANNED UNIT DE- VELOPMENT DIS- TRICT,AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOP- MENT STANDARDS, ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B",SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE-