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480-534a Ordinance CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480 -534a 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 TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14 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 WITH "SF- 20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES, 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 Zoning 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 Tight 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 property with 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 Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being approximately 9.14 acres, and more fully and completely described in exhibit "A" from "R -PUD" Residential Planned Unit Development Zoning District to "R -PUD" Residential Planned Unit Development Zoning District with "SF -20A" Single Family Residential District uses as depicted on the approved Development Plan, including "R -PUD" development standards, attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 1. Noting 2:1 split garages shall be permitted as depicted in exhibit `B'; 2. Provide minimum 4" caliper canopy trees; 3. Subject to the handouts provided at the hearing for ZA07 -063; 4. Subject to applicant's presentation for ZA07 -063; 5. Requiring the garages on the first two building lots at the entrance of Street `B' off of North Carroll Avenue to be on the west side of those houses; 6. Requiring the applicant to make sewer available on the northwest corner of the site subject to city staff approval and engineering review; 7. Requiring the fence on the south side of the subdivision to be wrought iron in addition to 45 -feet of masonry column /wrought iron combination from the southeast corner going west; 8. All interior fencing for the residential lots shall be wrought iron and no wooden inserts shall be permitted on any fencing of the subdivision; 9. The garages for Lots 9& 10 shall face towards the south away from Dove Road unless there is landscape provided as shown on the applicants exhibit (ZA10- 048); 10. Requiring the applicant to remain in control of the Homeowners Association until 85% of the homes are occupied; and 11. Subject to Development Plan Review Summary No. 6, dated November 14, 2007 (ZA07 -063): a. As the Development Plan shows all lots to have a 35 -foot front yard setback, remove the statement in the R -PUD district regulations that allow for 30 -foot front yard setbacks on cul -de -sacs and corner lots. b. As the Development Plan shows all lots to have a 125 -foot rear property line width adjacent to the "SF -1A" property to the west, remove the regulation in the R -PUD district regulations that asks for a waiver of this requirement. c. Correct the lot numbering (skips from Lot 9 to Lot 11) d. Either provide an HOA Wall Easement on Lot 11 or shift the development's perimeter fence /wall entirely within the HOA/Open Space Lot(s) / Bufferyards. e. Show and label the sidewalk and width of sidewalk connection from the interior sidewalk network to the sidewalk along E. Dove St. 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 7 day of September, 2010. nor .! MAYOR ATTEST: j \ j 0}A: CITY SECRET PASSED AND APPROVED on the 2nd reading the 21 day of September, 2010. C , 411 MAYOR ATTEST: %_ CITY SECRETA APPROVED AS TO FORM AND LEGALITY: OA.- g 7,/ CITY ATTORNEY DATE: /01240 ADOPTED: q'2l EFFECTIVE: 9.24-/O EXHIBIT "A" Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being approximately 9.14 acres: PROPERTY OESCRtP ftON Being QS of three tracts of lard as described in deeds recorded it vOlurne 7651, Doge 153. volume 9922. cage 204 and volume 7695, page 528 of the deed records of Tarrant County, Texas end being mare porlicuforly described by metes 8 biOundt as follows- aeginn;nr at a ev, nail Bound in the centerline of East Dove Rood (50' ROW) bung the northeast corner uF r= 4 968 of tract. I' lane} es descried in deed to Merl: Guest and wife. Linda Guest as recorded in .rGlurne 5922, page 2044 of the deed records of Ta3rant County, Texas: Thence arcing Said tenterlinEl Nvrth 89 degrees mioutet 43 seconds East fa? $ entrance of 322 22 teet tog paint for cornier; Thence South 00 degrees 27 minutes 11 seconds as far distcnce of 24 e7 feet to +a point for crg: et in the south riant -of -way line of East Ctove Rasa, said paint being the beginning af o ctrve to the right having a rad.w s of 411,83 feet, d cerxtrcat an g ® of 43 slsgrees 26 minutes 34 seconds and a long chard which bears Ss,atn 58 degrees 35 minutes 06 seconds East fora distance of 304 83 feet: Tu tee along said curve for a 4istonee Of 312 6 teet Le a paint of tangenc Thence South 45 degrees 51 minutes 05 seconds east continuing with said south fit ht -s;af -way tine for o distorce of 22 80 feet to a point for corner in the west right -of-coy line of North Crarnr ll Ave; Thence nth 00 degrees 31 minutes 35 seconds East along sold west right -of -way line for o distance of 518.21 feet to a point few cerr er in the ryc th in ihne Of c tract of lard described in deed to Olivia C Borne and recorded cn volume 9972. page 2056 of he deed records of Tarrant Cont y. Texts; Thence South 89 degrees 40 minutes 25 seconds We for o rSiStc+4e e3 621 24 fit to d bat eat cornet the eost line of Lot 4. ;,_H.. Chivees No. 299 Ack1iti.oa o3 recorded in cabinet a, slide 4417 of the deed records of Torrent County, Texas: Thence North 00 degrees 31 minutes oe se :arias west clang said east line for a clliafonce Of €72.64 feel to the Point of aeginnino and ccntain'.n 398 360 square feet of 9 14.5 acres of land more cr less EXHIBIT "B" DEVELOPMENT PLAN .., _Fil, P 1 g -...-- fir , . 1 ,,,,' .:-..., _ 4.- _ . t t- 6 71 -. ,• ,, , 1 I ( \‹ ' ''''''''''''' r 11::•,:1 gq Igi:i i - ii:T., '''--• : ''tF 7 '"•- . r- ,14-47 - - t , ..,,.. .iz - ',.;E:- , F: •- VE-g - •E'•gt c , _,i2 a 11..7•61 12...17 =UM ., F i , , .. 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"\ 7 - . _ wt TRY To sAvh it t t TO BE ADDEE; 0 0 I 1 , e e 3777 LANDSCAPE PLAN 8 , !:-.; .p S i1k i-■ 2-./kS i d A # I 0,, .0,nttg t: i . E liugiigl Ipli4.Mia Id P 5.-Mal;;. a, 1 — !•••••oe • •*o_,.. s, 'Valet lli ''' e i0-1 ifi q#, ; 4 i: ,'E 91 ' a 't .;• .. ii '—'0.—. F4 0 t ' ''' -- ' 4 '.' 1-.;""t-Ova•PwItoPar :"..% C.) • ,.. I n. // APII71-1._ • !_____:,= ; • • — • / - • e '4Fil 1 F K , zr I ''''''' ] ;- ;4' C • ) ) '--,I)- . 4 .00 c4 41 tm * '.)- , '-•, 0,, 1 a 0 ci, 0 I cd in 3 fra 1 z • E ■It, ,•.- , - 4 w - •.4 01 1 .- ,,■"-- ONTWOO1a; DEVELOPMENT PLAN RENDERING Dove Street 10 1 �' 11 ` t u 12 Th a I } 8 Q J 14 f !J Street B x` U _ . 3 2 i I CONCEPTUAL RENDERING OF RETENTION POND / OPEN SPACE LOT d MEM __ CONCEPTUAL RENDERING OF WINFIELD ESTATES ENTRY OFF CARROLL AVENUE --A.. r ,fir F,,} >. - 1 _ _ `c .,0-. "��"„y, a,�.Netz - - - rse 1 Hu, — l - « r .Lri ZONING NARRATIVE FOR WINFIELD ESTATES "PUT)" PLANNED UNIT DEVELOPMENT DISTRICT Winfield Estates is a proposed 13 single - family residential lot development to be constructed on 9.14 acres in the northern sector of the City of Southlake, a density of 1.59 units per gross acre. The property has approximately 640' of frontage at Dove Street and 481' along Carroll Road on the southwest corner. Mary Wilson is the applicant for the zoning and Rosco Construction will be the developer of the project. The civil engineering will be done by GSWW, Inc out of Fort Worth, Texas. Both companies are experienced in residential lot development. The proposed development is an L shaped configuration. There is also a large open space in the northeast corner forming a common area that will have 5 lots that will back up to a pond with a water fountain. The lots range in size from 20,005 s.f. to 26,012 s.f. and average 21,406 s.f. There is a total of .94 acres of open space (10% of the gross land area). Curvilinear streets with a landscaped berm at the entrance will create an extremely appealing and open approach to the development. The development will feature 50 -foot right of way streets with concrete paved streets and concrete curbs with a width of 31 feet, back of curb to back of curb. This Residential Planned Unit Development (Winfield Estates) shall abide by and conform to all of the conditions of the City of Southlake's 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: Section 8.01G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. Residential Plan ed United Development District - Land Use and Development Regulations For Winfield Estates 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: The minimum area of a lot shall not be less than twenty thousand (20,000) square feet. Ti i fro yid eta lat oWnot se-4ess -t ° :: - , - - feet, except --fe frt , = :.. K. - r--flr eul-Qe� 3a11 ; . ft e the -Imni r n � etbaek-shali'be `- _ `. Each lot shall have a minimum width of one hundred (40O) feet, measured at the front yard setback line for each lot as indicated on the Zoning Site Plan. • S . o n r —f°t ie--Sl i#isi{3 O din &--No: - : , - . : _ , , _ : , a —t re erne f ertai 3 t one pply—to----prop @rty itlli its 'I1 i--i. - v __ w i _ i G ._.._.. Section 8.01G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. 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 sidewalk location shall be as shown on the Zoning Site Plan. Winfield Estates Open Space Management Plan 1. Developer agrees to maintain in accordance with city guidelines and restrictions all open space (buffer yards, entrance, retention pond, bar ditches not maintained by city, etc...) in development. Developer further agrees to pay for such services until such time Development can be turned over to Winfield Estates HOA. 2. Developer agrees to form Winfield Estates HOA to maintain and enforce subdivision restrictions and guidelines in accordance with city ordinance, 3. Developer agrees to turn over management of HOA to residents of Winfield Estates or appointed management company when no less than 5 homes have been given Certificate of Occupancy and officers are elected. 4. Developer agrees to collect initial HOA dues and hold in escrow account until such time HOA is Iegally formed. Initial dues shall be set by dividing complete cost to maintain subdivision by 13 or actual lots in subdivision. 5. Initial selection of Maintenance Company shall be at the sole discretion of developer. Contracts signed by developer to maintain open spaces in subdivision shall be made void at such time development is turned over to HOA management, 6. Upon approval of development plans by city, Developer agrees to submit formal budget for initial and ongoing maintenance of open space. 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' ----- 2 Od —t �Ir ' • I '— , __ .0 9 M0. rd p ME-t M / .. I- ° 1 1 • ;,;. L - - wi• .,--'- - / I” 11. 1 B T— — Sar_ — — WA_ s ran� — N// - z — a= ; AVEN I C ' --' im• sac -� 7.`-B. ' ) 1 - - -- - - - - -- - - - to m ' ' �m " 8 _ 0o+ 00001 ,oi " Q m y 'i v 3BB /171. P. 9B Br C j� z o morn CLAP?. mro m Iv 7. 7 p � z�A ` r. ' / Al m n - b 1 [ 4 ,, ,z -, . c Pr , tyA M ° F.,.....4-0, s°, F aQ < N t� .go ssz? u p / x � i i ,12,J-4,,. °° L. n„ 2= o 2,,z,:,',-,,- m 5 O I a ma' f or t , 1 �i rr °° °�` ,_2 m� ' ra °2 _ s GBBB,�A 1 � �z § + 4 `S P ° - eg 7.p x.-0,_, "f, "A tv C k M V O 2 Sz y u a . o - � e ° � e ° �. m 4 .n LONESOME i ; c ro 'o y Y a r q a g3MxE M'F ,�( :• DOLE RD GM G ��. °g' xH� B NM ff r C G a R N N ' i a . _ co N Toll 'Brother Largay Home Builder 6' Attachment to Zoning Request 1 Winfield Estates Southlake, TX 1: Clarify section 1, note 2, to allow homes with a 2/1 split garage to be allowed_ The 2 ear garage will face to the sire. Only the 1 car garage will face forward, but will be a minimum of 19' behind the front wall of the 2 car garage wall. 2: Delete the wood fence requirement along the south property line beginning at the southwest comer of Lot 6, Blk 1, Winfield Estates, and extending east approximately 315' to the north east corner of Lot 13, Block 11, Estes Park Phase 11. There currently exists an iron fence along this section of common property line. Adding a wood fence will create a maintenance hardship on the existing property owners of Estes Park in trying to maintain the grasses and weeds that will grow up been the two fences. 3: Revise the fcnce adjacent to David Barnes residence, per the home owners' request, to be constructed of iron fence instead of the currently approved wood fence. See the attached drawing to clarify the location of the iron fence. New York Stock &draw • S7:6111 TM T®a Diiuipn 2557 Southwest Grapevint Par was Sake 100 arapekine,,TX 76051 • (M 39 -7714 • Far (BM 25I -2191 tolititalumettret 'Brothers America's Luxury Home Builder* September 14, 2010 Dennis lough, AICP Deputy Director of Planning &. Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, TX 76092 RE: Responses to City Council Meeting Sept 7, 2010 Mr. Killough: Several issues need a response from the City Council meeting of September 7, 2010. The Council requested documentation for the requirement for only iron fencing in the community. Please see the attached page 15 from the Declarations and Covenants for Winfield Estates. Section 2.28 clearly states that all fencing must be an iron fence except for the west common property line of the community. This was agreed in the meeting to remain as is with wood. The Council requested the garage doors be constructed of wood. Please see the attached "Exhibit D — Building Specifications" for. Winfield Estates stating that garage doors are to be "Cedar carriage doors. The Council requested that the garage doors of lots 9 and 10, block 1, be oriented to be on the south side of the lot, This orientation would have the garage doors not facing onto East Dove Rd. Although at the meeting we indicated that this may not be possible due to a tree on lot 9 and storm inlet in front of lot 10, we have since looked more closely at these two lots and can orient the homes with the garages on the south side. We agree to this request. This orientation should preclude the additional landscape screening as discussed in the meeting. We believe this addresses all outstanding concerns from the meeting. If you need any additional information, please do not hesitate to contact me at 817-825-1815 or 2powellc !tollbrothersinc.com_ Sincerely, Greg Powell, SPM Toll Brothers, Inc. CC: lot file New Yark Stock Exchange • Symbol TOL Ti raes Drisir,� 2557 Sowthwett Grapi ine Parkway, Suite 100 • Grapt VIne, TX 76051 • (817) 329 -8770 • Fax: (817) 251-2197 oallimthcrs.com such Lot or for the ac or omissions of the tenant(s) of suth Lot which constitute a violation of, or non - compliance with, the provisions of the Documents. All leases shall comply with and be subject to the provisions of the Restrictions and the provisions of same shall be deemed expressly incorporated into any lease of a Lot. This Section shall also apply to assignments and renewals of leases- No lease approved by the Board shall be amended or modified without the Board's approval. In making Its determination as to whether to approve a lease of a Lot, the Board shall not discriminate on the grounds of race, gender, religion, national origin, familial status or physical or mental handicap; provided, however, nothing herein shall be construed to require the Association to furnish an alternate tenant to the Owner in the event the Board disapproves a lease or tenant. Upon entering into an agreement for the lease of a Lot, an Owner other than Declarant shall provide written notice to the Board, or its designee, of the lease agreement and furnish the names of the prospective tenant. The Board may require that the Owner deliver to the tenant, a copy of the Restrictions and obtain a written instrument executed by the tenant acknowledging receipt of the Restrictions which receipt will be provided to the Board. The Board shall have the right to charge an Owner a reasonable fee (not to exceed $250.00) as determined by the Board for the processing of leases of Lots. 228 Fend. The design, construction materials, height and location of au fences must be approved by the Architectural Control Committee. In no event may any fence or wall be erected, placed or altered on a Lot nearer to the front street than the front wall of each residence constructed on a Lot and no hedge may be installed or maintained more than three (3) feet in front of the wall of each residence constructed on a Lot and closest to the front property line of the Lot. Specifically, on each Lot all fencing must be constructed of wrought iron in a location, design and height approved in advance by the Architectural Control Committee. Notwithstanding the foregoing, any portion of a fenced Lot facing the west boundary line of the Development Area shall be wood fencing in a location, design and height approved in. advance by the Architectural Control Committee In the event of any disagreement on the location of the front fence return, the dedsion of the Architectural Control Committee will be final and conclusive. 2.29 Alteration or Removal of Improvements, Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement or the removal of any Improvement may be performed only with the prior written approval of the Architectural Control Committee. No Owner shall perform or permit to be performed any work to any portion of his Lot or Improvement, which work may require access to, over or through the Counmun Areas or other Lots without the prior consent of the Board except in case of an emergency. All such work may only be performed by a person who shall deliver to the Board prior to conunencem ent of such work, in form satisfactory to the Board: (a) releases of the Board, ACC, and the Association for all claims that such person may assert in connection with such work; 15 394920 -3 08110 0 VINFIELDESTATrS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Exhibit D- Building Specifications Winfield Estates Effective Date 7/19/2010 DOORS: Page 2 of 4 Front: 8' Mahogany 6- panel, square-top, stained or painted Rear: Insulated metal 8' or C -8 ", dividtxl light per plan GARAGE DOORS: Type: Cedar carriage doors: 8' or 16' x T Opener: 12 hp Genie with 2 remotes; 3:4 hp Liftrnastnr for 16 cedar Carriage doors Windows: Optional Decorative Hardware: Optional VENEER: Distinctive architectural styling and brick detail. Sptrial masonry materials such as upgrade brick. natural stone, stucco, east stone. glass block. . and white mortar are not standard and will be optional at additional cost Brick: Acme or Bond Brick. Level Mortar. Gray or Buff Stucco: Three coat system. one color. Ircuvy sand texture (accent color optional) Address Plate: Cast stone address block with house number Natural Stone Accents: Optional LANDSCAPING: Sod: Bermuda sod installed at front, side and rear yards Irrigation: Front lawn and beds, side and rear yards; system controller placed in garage. Plants: 50 shrubs in mulched bids along front foundation and three shade trees in front yard Mail box: Metal post and box per community standard Fencing: Optional PAINT: PPG/Monarch Paint -Two tone interior; l00% acrylic finish coat applied to all trim SHUTTERS: Painted paneled for brick, painted louvered Fsr atucri', or stained old world attar. per brochure insert MECHANICAL SYSTEMS ELECTRICAL: All wiring. electrical fixlmros and other electrical items will he installed according to elmideul code and requirements. ents. 200 amp electrical service installed with panel lox located in garage (additional electrical options may require the purchase of 400 amp service panel) Door chimes: One Clritttc per Boor Light switches/outlets: White electrical device +with Decors switches Weatherproof outlets: exterior electrical GPO outlets at front and rear porches Smoke detectors: Located per local fire code Carbon Monoxide detectors: Located per local fire code Exhaust fans: Bathrooms and Laundry Room Dryer connection: 220 volt. 4 prong electrical plug LOW VOLTAGE: Telephone / Cable: St wiring to integrated distribution center, total of eight phone or cable outlets Security system: tJpnt signing of 3 year monitoring agreement Wired all first and second floor operable wiadnwg and exterior door;; 2 keypads Security Monitoring: Westminster Security Mon noting Agreement Monte Theater Wiring: Optional LICHTING /CEILING FANS: Lighting allowance - 53000 Covered by allowance: Ceiling Fan w?Light Kit: Master Bedroom. Family Room or Great Roan, Game Room Foyer. I hinging chandelier Dining: !Lang in 2 chandelier Breakfast: flanging chandelier Bedrooms: Plush mount ceiling fixture (blocked. awed and switch fin Beare ceiling Gan) Bath Ceiling: Flush mount ceiling fixture Bath Vanities, Decorative wail mount Stair Chandelier flanging chandelier Hallways, Flush mount ceiling tisane Wall Sconce: Flush mount wall fixture Outdoor Garage: Coach tamp(s) Outdoor Front: Conch ianlp(s) Outdoor Rear: Coach lamp or flush ceiling fixture Included Lighting: Laundry: 2 -Bulb wrapped fluorescent fixture blaster Closet: 2 - 1,301b wrapped fluorescent fixture Kitchen Ceiling: Recessed earns with white trim Walk -in closet/pantry: 1 -Bulb wrapped fluorescent fixture Garage Indoor: 2 -Bulb wrapped fluorescent fixture Under - cabinet highlighting: Included in Kitchen Exterior Highlighting: 4 single-bulb flood lights at front Seller Buys Buyer Oslo risk FENCING MODIFICATION / ` / ---- „. -4.... man MO. 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( 1 �.;, f ,z 1 ,r#`+tl e,, ,a t e d . .rr �j v r J.,I 1 :(4,f*.' , 9r* N IY ,... ,,,,, v{ t - 5 ` s - '1. $ r 4, ' ',1i ''''' W ,, — -.; 44' 4 ..4,i fa ;` 7.4 ., I s , , 4 ,,....,‘_ ..„ • m, ,,,_ ....„, . to .,ii.__ziy.:,,,,,,,,..„ 4 ?:, -', ...4 , . :-. .gc • 1 �.• � A 9 1 , -.tit 1 e �� t 1t ll f to y � � y ". e .•. ' . : ' ' i 1 I 1 1, I �o 1111, I - �1 f V j 1 J T a u f v .. l � I4, 0 t1r y y � b t 1I,, ais 1 ; `;�l CC r a y M . � � y 1t 6 '' . ` � !�' ` West half of south property line with existing i ron fence. Recommend not installing new wood fence adjacent to the existing fence due to ensuing maintenance issues for Estes Park home owners and trees that will need to be removed to install new fence. Existing trees in south property line existing fence line. • k y 7hl F ue r•" i �,a ' ;'r •'k t " • a/ �' itkil• - 4 ,, ',. 7. -.. ' '' ,IT:■, -:"•••4•;', .• -4.- ' •,.... ' a 4 0 .. �4 Y , [� {j ''S F r � • � ,, '`p't '4,, t t^, 1 r t r + � t� L. �'S s fS.t �' 1' r d' . 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' s ,� Y. �lta „ ��S { Y+ t. .4.k�li �t'_ i' Comparison of 3 car side entry garages with 2 / 1 car split garages. �;� 1 , t attl B .1 411 {1` \ { c wewmnnillllli8111111111E11t 4I0IIUIItI1 +I• " > p ;= gy ''� i v >., ..:- � t { � w , , ill a '' d .r.:- ?, r a tt `°; Sic � } a Fes'' - tFS �9 T + t z 4'�. § �� �t _, t ` { 1 f 111 - t w tit. ,,. .14 tiMift" 3 car side entry garages 2 /1 car split garages 2 / 1 Split car garages often allow the home to have more roof breaks and add more variety to the design of the home vs a 3 car side entry garage which must have at least approximately 30' of straight wall. ti 4 , r ,- - "4 mu z .: i ■ �3 f I I IIII I i�' „i AE I i „ , I , I. IItll.�B,,lri ! I 1 : 14'I �C ■ I ;, N'' '� f art . x" ,tit � j / v fi , °+{ i r 'g . P x a3: Note: The s front facing garage doors are not normally visible until one is almost past the home. N. CARROLL AVENUE ENTRANCE wt Ai -.1.11 - • :::-.....■........i........._.''.- '' FATIT ... r . - ,,Ar. -..- ' *,' : . 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CAS11 a 2A07- 04 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET t 1;' €;-,r; Invoice Number: 312341901 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 9/24/2010 Federal Tax ID 26-2674582 OCT 1 5 2010 Terms: Net due in 21 days Due Date: 9/30/2010 Bill To: J{ CITY OF SOUTHLAKE ''t. fF.°;1' �I J �' � ,' PO Number: 21000007-000 1400 MAIN ST Order Number: 31234190 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 9/24/2010 �l�c�nCrl`iDpth ZJinage,� . 1�te' AzloutN h CITY OF SOUTHLAKE ORDINANCE NO 13580 1 67 67 LINE $17.29 $1,158.74 Sales Discount ($1,054.17) Misc Fee $10.00 $114.57 � D y, V•Z`Q,•o.�p.RY p�� ,•• �� OCT 042010 •;o' T • �P By ii ••••�'PlE1s � .• • �� THE STATE OF TEXAS 0�-,3' County of Tarrant fl�� Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 e—\ ,1 SUBSCRIBED AND SWORN TO BEFORE ME. TF Thank You For Your Payment --------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 312341901 $114.57 21000007-000 CITY OF SOUTHLAKE ORDINANCE NO. 480-534a AN ORDINANCE AMENDING ORDI- NANCE 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 DE- SCRIBED AS TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT oAS FROM oR-PUDo RESI- DENTIAL PLANNED UNIT DEVEL- OPMENT TO 6R-PUD6 RESIDEN- PLAUNIT DEVELOPMENT TIALNDISDTRICT WITH 6SF-20A6 SINGLE FAMILY RESI- DENTIAL DISTRICT USES, AS DE- PICTED ON THE APPROVED DE- VELOPMENT PLAN, INCLUDING 6PUD6 DEVELOPMENT STAN- DARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EX- SPEIBo, SUBJECT REQUIREMENTSO SPECIFIC CON- TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING OR- DINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND iAMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PRO-VIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- I CIAL NEWSPAPER; AND PROVID- ING AN EFFECTIVE DATE. 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. PASSED AND APPROVED THIS THE 21st DAY OF SEPTEMBER, 2010, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: John Terrell ATTEST: Lori Payne, City Secretary INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE SEP 2 2 2010 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF Sales Misc Fee THE STf County o Before m the Star - that the < (817) 391 SU Customer ID: CIT57 Invoice Number: 312049841 Invoice Date: 9/3/2010 Terms: Net due in 21 days Due Date: 9/30/2010 PO Number: 21000007-000 Order Number: 31204984 Sales Rep: 073 Description: CITY OF SOUTHLA Attn: ACCOUNTS PAYABLE Publication Date: 9/3/2010 CITYOF SOUTHLAKE Location h :Lina a MU Rate Amount Notice is hereby given by the City I? g _. Council of the City of Southlake, _ ��>A^»•�••^> �� Texas, that a public hearing will be Legal Notlees held on September 21, 2010, at 5:30 76 76 LINE $17.29 $1,313.72 p.m. or immediately following the VIDING FOR A ...PENALTY FOR Work Session, during the Regular VIOLATIONS HEREOF; PROVIDING City Council meeting to be held in A SAVINGS CLAUSE; PROVIDING the City Council Chambers of Town FOR PUBLICATION IN THE OFFI ($1 > 193.76) Hall, 1400 Main Street, Southlake, CIAL NEWSPAPER; AND PROVID- Texas. Purpose of the public hearing ING AN EFFECTIVE DATE. is to consider the second reading SECTION 7. $10.00 of the following ordinance: Any person, firm or corporation who ORDINANCE NO. 480-534a violates, disobeys, omits, neglects AN ORDINANCE AMENDING ORDI- or refuses to comply with or who NANCE NO. 480, AS AMENDED, resists the enforcement of any of, THE COMPREHENSIVE ZONING the provisions of this ordinance ORDINANCE OF THE CITY OF shall be fined not more than Two' Net Amount' $129.96 SOUTHLAKE, TEXAS; GRANTING A. Thousand Dollars ($2,000.00) for „ ZONING CHANGE ON A CERTAIN each offense. Each day that a TRACT OR TRACTS OF LAND violation is permitted to exist shall \\\� �� ( WITHIN THE CITY OF SOUTHLAKE, \\ TEXAS' BEING LEGALLY DE- constitute a separate offense. `�\ �S SCRIBED,AS TRACTS 1, 1C, & 1C1, City of Southlake �.Q•••`PRY p�9.� j Lori Payne SITUATED IN THE A.H. CHIVERS City Secretary C.1 ; O SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY. 9.14 *; ACRES, AND MORE FULLY AND COMPLETELY. DESCRIBED IN EX- PGJS 'HIBIT "A" FROM "R-PUD" REST° i DENTIAL PLANNED UNIT DEVEL- i 9�OF OPMENT TO "R-PUD" RESIDEN- TIAL PLANNED UNIT ��//�/� /A� '••..••'• \�� DEVELOPMENT DISTRICT WITH `' "SF-20A" SINGLE FAMILY RESI- DENTIAL DISTRICT USES, AS DE- PICTED ON THE APPROVED DE- VELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STAN- DARDS, ATTACHED HERETO AND County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for INCORPORATED HEREIN AS EX- ele ram, Inc. at Fort Worth, in Tarrant Count Texas; and who, after beingduly sworn, did depose and sa HIBIT B", SUBJECT TO THE g y' y p y .SPECIFIC REQUIREMENTS CON- ent was publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALLOTHER PORTIONS OF THE ZONING OR- Signed DINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL. WELFARE DEMAND :ME, THIS Tuesday, S to e 2010. THE ZONING CHANCES AND AMENDMENTS HEREIN MADE; /A PROVIDING THAT THIS ORDI- Notary Public NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PRO - 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: 312049841 Invoice Amount: $129.96 PO Number: 21000007-000 Amount Enclosed: