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Item 8ACity of Southlake Department of Planning STAFF REPORT November 10, 2004 CASE NO ZA04 -089 P ROJECT: Estes Park, Phase I (zoning change and development plan) REQUEST: Estes Park Ltd. is requesting approval of a zoning change and development plan for the primary purpose of amending the rear yard requirements of the current Residential Planned Unit Development zoning. ACTION NEEDED: Consider first reading for zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Development Plan Review Summary No. 2 dated November 10, 2004 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -421a (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA04 -089 BACKGROUND INFORMATION OWNER/APPLICANT: Estes Park Ltd. / Paul Spain PROPERTY SITUATION: South side of the 600 and 700 blocks of East Dove Street. LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA04 -089 Estes Park Phase 1 Addition, an addition to the City of Southlake, Tarrant County, Texas Low Density Residential "R -PUD" Residential Planned Unit Development District "R -PUD" Residential Planned Unit Development District Zoning, Development Plan and Preliminary Plat for R -PUD zoning was approved in August 2003; A final plat was approved in February 2004. Master Thorou ,-hfare Plan The Master Thoroughfare Plan recommends Dove Street to be a 5 -lane, undivided arterial with a continuous, two -way, center left -turn lane. Right -of- way is being dedicated for this road. Existinz Area Road Network and Conditions The proposed site will have one street intersecting with E. Dove Street. Two street stub -outs have been provided to the properties to the south and to the east. E. Dove Street is currently a 2 -lane, undivided roadway. No plans for improvement in the near future have been made. May, 2003 traffic counts on E. Dove Street (between N. White Chapel and N. Carroll Ave 24hr West Bound (WB) (3,137) East Bound (EB) (3,661) WB Peak A.M. (362) 8 - 9 a.m. Peak P.M. (479) 5 - 6 p.m. EB Peak A.M. (531) 7 - 8 a.m. Peak P.M. (444) 5 - 6 p.m. Attachment A Page 1 Traffic Inipact Use 4 Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT Residential 44 421 9 26 30 17 *Vehicle Trips Per Day *The AM/PM times represent the potential number of vehicle trips generated during the peak travel times on E. Dove Street. WATER & SEWER: There is an existing 6" water line on the south side of E. Dove Street. The applicant is proposing to replace the existing water line with a 12" water line. A force main sewer line exists on the north side of E. Dove Street. The applicant is proposing a sewer line extension from Ridgecrest Drive northwest of this site. P &Z ACTION: November 4, 2004; Approved (6 -0) as presented, subj ect to Development Plan Review Summary No. 1, dated October 29, 2004; making the following changes to the document that was distributed this evening, titled Residential Planned Unit Development District For Estes Park Phase One 1. Under Rear Yard: Amending to read — The rear yard shall not be less than 30 feet except on Lots 13 and 14, Block 1, as shown on the attached development plan which shall have a rear yard of not less than 60 feet; 2. Lots 14 and 15, Block 1, as shown on the attached development plan, shall have a "no disturbance / tree preservation area" along the rear property line of not less than 20 feet in width; 3. and, under Perimeter Fencing, amending to read — All fencing surrounding the project and internally if built in the Residential PUD shall be 6 foot wrought iron fencing except Lots 1, 2, and 3, Block 3, as shown on the attached development plan, which shall be 8 foot brick or wrought iron or a combination. Furthermore, the developer has also committed to build a wrought iron fence on the rear of Lots 15 through 20, Block 1 and along the west side of Lot 14, Block 1, as shown on the attached development plan, as a part of the subdivision construction rather than the individual home construction. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated November 10, 2004. Case No. Attachment A ZA04 -089 Page 2 Vicinity Map Estes Park 1000 0 1000 2000 3000 Feet hij l� Case No. ZA04 -089 Attachment B Page 1 CA CA M 7r Fw.a a i 1w, H.V 7Zv- 1 Y- Ak, p R-14 53 �J. I F' ILL 2 K7 k 44 F] E MMMAM W � M J LOCATION MAP z.; ESTES PARK PHASE I ADDITION RFC0 NnV a 1^1 9nnA 0- n ESTES PARK, LTD. October 15, 20104 RE; Rezoning of Estes Park I, Dove Road, Southlake The infrastructure of Estes Park I is now built. Construction is now underway on the landscaping. Our builders have chosen their lots to start houses and brought to our attention the request to change the rear yard to 30 feet from the 40 feet as now approved. The 30 -foot rear yard is the only change being requested. This will allow the builders more flexibility in house plans to save trees and to design true custom homes. The change would also match the rear yard of 30 feet allowed in phases lI and III. We respectfully request the zoning be approved with this one change. Estes Park, Ltd. ** 395 W. Northwest Parkway, Suite 300 * 5outhlake, Texas 76092 * Ph 817 -410 -9201 * Fax 817 -410 -9205 ** Case No. Attachment C ZA04 -089 Page 2 Residential Planned Unit Development District for Estes Park Phase 1 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: Front Yard: The minimum front yard of a lot shall not be less than thirty (30) 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 five (25) feet. Rear Yard: The minimum rear yard shall not be less than thirty (30) feet, except Lots 13 and 14, Block 1, as shown on the attached development plan, shall have a rear yard of not less than 60 feet. Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Floor Area: The main residence shall contain a floor area of not less than four thousand (4,000) square feet. Perimeter Fencing: All fencing surrounding the project and internally, if installed in the Residential PUD, shall be a minimum 6 foot wrought iron fence except Lots 1, 2, and 3, Block 3, as shown on the attached development plan, which shall be minimum 8 foot brick or wrought iron fence or a combination. Furthermore, the developer has also committed to build a wrought iron fence on the rear of Lots 15 through 20, Block 1 and along the west side of Lot 14, Block 1, as shown on the attached development plan, as a part of the subdivision construction rather than the individual home construction. No Disturbance / Tree Preservation Area: Lots 14 and 15, Block 1, as shown on the attached development plan, shall have a No Disturbance / Tree Preservation Area along the rear property lines of not less than 20 feet in width. No construction, improvements or removal of trees shall be permitted in this area except for utility installation, removal of dead material or Case No. Attachment C ZA04 -089 Page 3 trimming of plant material as approved by the City's Landscape Administrator. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development. 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. Pond to be located on Common Area Lot 1, Block 1, as shown on the attached development plan, shall be a retention and detention pond. Revised 11/08/04 Case No. ZA04 -089 Attachment C Page 3 PLAN REVIEW SUMMARY Case No.: ZA04 -089 Review No.: Two Project Name: Development Plan — Estes Park Phase 1 APPLICANT: Estes Park Ltd. Paul Spain 395 Northwest Pkwy, Suite 300 Southlake, TX 76092 Phone: (817) 410-9201 Fax: (817) 410 -9205 Date of Review: 11/10/04 ENGINEER: DeOtte, Inc. Rich DeOtte 2553 East Loop 820 North Fort Worth, TX 76118 Phone: (817) 590 -0000 Fax: (817) 590 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/08/04 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481 -2073 INFORMATIONAL COMMENTS * The applicant has met the requirements of previous reviews. * It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Case No. Attachment D ZA04 -089 Page 1 Surrounding Property Owners Estes Park Phase 1 Case No. ZA04 -089 Attachment E Page 1 w c� 27 1 2 4 5 6 7 8 ST DOVE ST 3 Owner Zoning Land Use Acrea€ 1. J. Koldus 1. "SF -IA" 1. Low Density Residential 1. 2.00 2. D. & G. Bennett 2. "SF -IA" 2. Low Density Residential 2. 3.95 3. A. Guittierrez 3. "AG" 3. Low Density Residential 3. 2.80 4. J. Gililand 4. "AG" 4. Low Density Residential 4. 2.00 5. M. Durham 5. "AG" 5. Low Density Residential 5. 1.00 6. C. Canalizo 6. "SF -IA" 6. Low Density Residential 6. 1.50 7. R. Hopkins 7. "SF -IA" 7. Low Density Residential 7. 1.00 8. E. Jacks 8. "SF -IA" 8. Low Density Residential 8. 1.50 9. A. Hosea 9. "AG" 9. Low Density Residential 9. 1.00 10. M. Edwards 10. "AG" 10. Low Density Residential 10. 2.00 11. A. Hosea 11. "AG" 11. Low Density Residential 11. 1.00 12. A. Hosea 12. "AG" 12. Low Density Residential 12. 1.19 13. K. Mussiana 13. "AG" 13. Low Density Residential 13. 3.08 14. K. Mussina 14. "AG" 14. Low Density Residential 14. 8.37 15. W. Frank 15. "AG" 15. Low Density Residential 15. 20.0 16. Westerra Southlake 16. "NRPUD" 16. Mixed Use 16. 40.0 17. S. Callicot 17. "SF -IA" 17. Low Density Residential 17. 4.82 18. K. Rhodes 18. "SF -IA" 18. Low Density Residential 18. 8.06 19. K. Land/M. Chaoate 19. "SF -IA" 19. Low Density Residential 19. 2.28 20. P. Howard 20. "SF -IA" 20. Low Density Residential 20. 0.99 21. S. Martin 21. "AG" 21. Low Density Residential 21. 0.33 22.. W. Vann 22. "AG" 22. Low Density Residential 22. 1.81 23. G. Bailey 23. "SF -IA" 23. Low Density Residential 23. 0.99 24. S. Martin 24. "AG" 24. Low Density Residential 24. 0.50 25. Shelburne Co. 25. "AG" 25. Low Density Residential 25. 1.30 26. Brazos Electric 26. "AG" 26. Low Density Residential 26. 1.00 27. J. Shelton 27. "SF -IA" 27. Low Density Residential 27. 3.63 28. Estes Park Ltd, C. Estes 28. "AG" 28. Low Density Residential 28. 31.3 Case No. ZA04 -089 Attachment E Page 1 w c� 27 1 2 4 5 6 7 8 ST DOVE ST 3 Surrounding Property Owner Responses Estes Park Phase 1 Notices Sent: Twenty -seven (27) Responses: None (0) Case No. ZA04 -089 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -421a 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 ESTES PARK PHASE 1 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET `A', SLIDE 9572, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 30.32 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES 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 Case No. Attachment G ZA04 -089 Page 1 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 with "SF -20A" Single Family Residential District uses 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, Case No. Attachment G ZA04 -089 Page 2 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 Case No. Attachment G ZA04 -089 Page 3 below: Being Estes Park Phase 1 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 9572, Plat Records, Tarrant County, Texas ,and being approximately 30.32 acres, more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District with "SF -20A" Single Family Residential District uses 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 ", and subject to the following specific conditions: 1. 2. 3. 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 subj ect 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 Case No. ZA04 -089 Attachment G Page 4 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 Case No. Attachment G ZA04 -089 Page 5 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 day of , 2004. MAYOR ATTEST: CITY SECRETARY Case No. ZA04 -089 Attachment G Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -089 Attachment G Page 7 EXHIBIT "A" Being Estes Park Phase 1 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 9572, Plat Records, Tarrant County, Texas, and being approximately 30.32 acres. Case No. ZA04 -089 Attachment G Page 8 o� O � oe s � xi � f n r,s4LE.�•� I ..� I $1R I, 1 e. � c,2 ���"..� -' ..... � .,. Vi m• i € � ,� .... • ., `11. -,A A .R. 'a l7 F) f � I 3 I 9 F:� 1 ..I - LOCATION MAP `` ���_ nVs n.a ioraes�,oEMr+u.auo� xxx 44 ESTES PARK PHASE t ADDInON Eflx 6F %UYrEVxE T.Fk,NrCB�MiY TEW xM.R/�R FER E�[iW �Y� W i4C i�cl + W'Nm p1i, T— =6 T�wwrn I : C I C 9W DATI SL"MY CRART E]aS(AIG aROPASEP 1.110Ai •.YM.[a +! Y -N, ftTN. Ksy. fafatc ra nradvwl L.lm USE SQRQnC (+.LL GME. Pms!) v �+ix s sv..r1 s•.[.. .qa.+ a-[f � ! U r ..f � .cN b � va ,� ,c (7) Residential Planned Unit Development District for Estes Park Phase 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: Front Yard: The minimum front yard of a lot shall not be less than thirty (30) 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 five (25) feet. Rear Yard: The minimum rear yard shall not be less than thirty (30) feet, except Lots 13 and 14, Block 1, as shown on the attached development plan, shall have a rear yard of not less than 60 feet. Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Floor Area: The main residence shall contain a floor area of not less than four thousand (4,000) square feet. Perimeter Fencing: All fencing surrounding the project and internally, if installed in the Residential PUD, shall be a minimum 6 foot wrought iron fence except Lots 1, 2, and 3, Block 3, as shown on the attached development plan, which shall be minimum 8 foot brick or wrought iron fence or a combination. Furthermore, the developer has also committed to build a wrought iron fence on the rear of Lots 15 through 20, Block 1 and along the west side of Lot 14, Block 1, as shown on the attached development plan, as a part of the subdivision construction rather than the individual home construction. No Disturbance / Tree Preservation Area: Lots 14 and 15, Block 1, as shown on the attached development plan, shall have a No Disturbance / Tree Preservation Area along the rear property lines of not less Case No. Attachment G ZA04 -089 Page 10 than 20 feet in width. No construction, improvements or removal of trees shall be permitted in this area except for utility installation, removal of dead material or trimming of plant material as approved by the City's Landscape Administrator. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development. 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. Pond to be located on Common Area Lot 1, Block 1, as shown on the attached development plan, shall be a retention and detention pond. Revised 11/08/04 Case No. Attachment G ZA04 -089 Page 11