ORDINANCE NO. 343 1File No. 569-5

AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS ,AMENDING THE MESQUITE ZONING ORDINANCE ADOPTE DON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21 ,1988, SO AS TO APPROVE AMENDMENTS TO THE PLANNE DDEVELOPMENT DISTRICT KNOWN AS FALCON'S LAIR AN DAPPROVED BY ORDINANCE NO. 3287 THEREBY ADDIN GSINGLE FAMILY RESIDENTIAL AS A PERMITTED USE O NPARCEL 4 ; REPEALING ALL ORDINANCES IN CONFLICT WIT HTHE PROVISIONS OF THIS ORDINANCE ; PROVIDING ASEVERABILITY CLAUSE ; PROVIDING FOR A PENALTY NOT TOEXCEED TWO THOUSAND DOLLARS ($2,000 .00) FOR EAC HOFFENSE; AND DECLARING AN EMERGENCY .

WHEREAS, the Planning and Zoning Commission of the City of Mesquite and th egoverning body of the City of Mesquite, in compliance with the Charter of the City of Mesquiteand State laws with reference to granting zoning changes under the Zoning Ordinanc eRegulations and Zoning Map, have given all requisite notices by publication and otherwise, an dafter holding due hearings and affording a full and fair hearing to all property owners generall yand to the persons interested and situated in the area, the City of Mesquite is of the opinion tha tthe change of zoning may be granted herein .

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O FMESQUITE, TEXAS :

SECTION 1 . That the Mesquite Zoning Ordinance adopted on September 4 ,1973, and recodified on November 21, 1988, be and the same is hereby amended by amendin gthe Zoning Map of the City of Mesquite so as to grant a change of zoning approving amendment sto the Planned Development District known as Falcon's Lair and approved by Ordinance No .3287 thereby adding single family residential as a permitted use on Parcel 4 .

That the subject property is located southeast of Lawson Road and west of the East For kof the Trinity River, City of Mesquite, Dallas County, Texas .

That the following described amendments to Ordinance No. 3287, applicable to the northtract only of the Planned Development District known as Falcon's Lair, are hereby adopted :

1 .

Amend Section D by adding a Section D .3 to read as follows :

D .

Airport Protectio n

3 . Single Family Residential on Parcel 4 : All single familydevelopment on Parcel 4 shall be burdened by a recorded"avigation easement" that gives notice of the airport and its relatednoise potential and that releases the City from claims based onairport noise .

Zoning Ordinance/File No . 569-5/June 18, 200 1Page 2 of 2

2. Amend Exhibits "B", "C", "D" and "G" by deleting them in their entirety an dadding new Exhibits "B", "C", "D" and "G", dated May 2, 2001, all of which areattached hereto and made a part hereof for all purposes .

SECTION 2 . That all ordinances or portions thereof in conflict with the provisions ofthis ordinance, to the extent of such conflict, are hereby repealed . To the extent that suchordinances or portions thereof are not in conflict herewith, the same shall remain in full force an deffect .

SECTION 3 . That the property described in Section 1 of this ordinance shall be usedonly in the manner and for the purposes provided for by the Mesquite Zoning Ordinance.

SECTION 4 . That the foregoing change shall be and is granted subject to an ydevelopment of the land herein being developed in conformity with the requirements of curren tand/or future drainage improvement ordinances of the City of Mesquite, including Ordinance No .3042, codified in Chapter 11 of the Mesquite City Code .

SECTION 5 . That should any word, sentence, clause, paragraph or provision of thi sordinance be held to be invalid or unconstitutional, the validity of the remaining provisions o fthis ordinance shall not be affected and shall remain in full force and effect .

SECTION 6 . That any person, firm or corporation violating any of the provisions orterms of this ordinance shall be deemed to be guilty of a Class C Misdemeanor and uponconviction in the Municipal Court, shall be punished by a fine not to exceed Two Thousan dDollars ($2,000.00) for each offense .

SECTION 7. Whereas the property described in Section 1 of this ordinance requires tha tit be given the above classification in order to permit its proper development and in order t oprotect the public interest, comfort and general welfare of the City of Mesquite, creates a nurgency and emergency for the preservation of the public health, safety and welfare, and require sthat this ordinance shall take effect immediately from and after its passage and publication ofsaid ordinance as the law in such cases provides .

DULY PASSED AND APPROVED by the City Council of the ity of M

on the 18th day of June, 2001 .

ATTEST :

Mayor

APPROVED :

Ellen Williams

B . J • mithCity Secretary

City Attorney

eup,AA)W Lu_L.4.vrL,4)

EXHIBIT "B "

MAY 2, 200 1

LEGEND

SIN(7I .L' FAMILY 8,000 SQ . FT.

SINOI .E FAMILY 7,0(10 SQ . FT .

SMCII .E FAMILY 6,001 SQ . FT .

MIXED IISF. • RFSII)FNTIAI, ANT)LI(l1IT COMMERCIA L151A ITwclling Units Maximum

•918 MuItl . Family Units Maximu m-600 Townhnuae l 'nits Maximu m-61A Single Family Ilniu Maximu m

65 Din Arta (hard Onthe Auumod 7,000 Ft . Runwa y6.388 accts

Runway Protection lon edual on the Auumal 7,000 Ft .Runway5 .709 acre:

RP.OIONAI .PAR K

Ell WWII

n I BOP AR TNI'.K S

TT.. TT. TT • TTT. ' TT

MITIT T . T.

FALCON'S LAI RMESQUITE ~ TEXAS TT,

Concept Pla nLand UseMay 2, 2001

EXHIBIT "C"

MAY 2, 200 1Exhibit "C" - Proposed Development Standard sNorth Tract, Falcon's Lair, Mesquite, T X

Parcel Acreage Zoning Dale Reference Dat a

Gros s

Acreage

Acres I n

R OW

Ne t

Acreage

Zoning

Category

Primary

1 and

lice

Ma,, No.

of Dwellin g

Units

Maximu m

Lo t

Coverage

Mir1 .

Lo t

Sh e

)si)

Min .

Dwellin g

Area (Si)

Max .

Dldg .

Nolgh t

DU

Front

Yar d

Setback (a )

(n)

Rea r

Yar d

Setbac k

(n)

Side Yard Ma .hnur n

F . A . R .

Density

Rumbe r

(dulac)

of Floor s

Setbac k

Exterior (b) (II) Interior (ii )

1 54 5 4 3 50 2 k 6 SF Resrdenbal 245 U/A 6 .000 1,600 J0 25 20 10 5 N/A

4 5

2 5

2 45 0 2 0 47 1 R 7 Sr liciklcntral 175 WA 7,000 1,600 35 25 20 10 5 MIA

T 9

2 5

3 14 9 Cl s 74 4 11 8 SF Residential 269 R/A 8 .000 2,000 35 25 25 10 5 NIA

J 0

2 5

6 2456 2

I 242 7 AG Regiorsai Park 1'M it/A MIA NIA R/A 11/A MIA hi/A NIA IVA

R'A

II/ A

4 1144 L~ (44 3 F.1U Connrorclai WA 50% Ilona WA 75 25 (c) (c) (c) n 5

1 o

Rea

NI A

S{{ { 12

I S54 7 Alll AhrlU lamiy 916 (I) 30% 10,000 550 52 25 (d) 25 (d) M/A

25

MA

All l Townhouse 600 (f) 60% 2,000 850 35 20 10 5 (e) NLA

IS

7 5

Lltl SF Residential 618 (I) MU 5.000 1 .200 35 20 70 10 S NIA

4 65

2 S

f 00)09)85 ,

(a) Front yard setback Ink and SF dlstrkle may be reduced to IS feel for (shaped driveway with garage door oriented perpendicular In Ilia primary front orientation of the dwelling .

Front yard setback lit Ii,. MII district may be reduced to 0 fee l

(b) Rol on key lot Setback on side yard cal k .y lot same as front yard setback .

lc) Adjacent In liorresblenllat it, ., .0 II Adjacent to Mullhfamlly Ines • 1S It .

Adlacenl to an AG District • 2S If nr 2 Rows the height of Ilse bullning above the grade al the nearest AG district boundary, whichever Is greater .

fd) Atli ac ant lo lione stile ntlat or Moll' family tikes - IS It .

Adjacent to an AG district • 2S It or 2 tines the height of Ills bollaing above Ills grads at the nearosl AG district boundary, whichever Is greater ,

(e) S 11 minlrnrrn wllh 10 It mininrrnl building separation .

(I) 1 oiat untie of nndll lamiiy , townhouse and sf residential for Parcel 4 shall not exceed 1,518 .

total Single Family Residential Ilnlls In Parcels I, 2 and 2 689

:oral alutl/ti Drily, townhmne and Single Family Residential (/nlfs In Parcel 4 1,51 8

Total Ilwellrng Molls 2,207

r) r + r n)aO'~ nit 5 .

1 5" Exhibit t, attached . for standards corresponding to mt .ed use community development .

2 future F aicon•s L air Drive la path roadway) Is located partially tai III* Iloodpiain of tie East Folk of the Trinity River.

01222300016 51151 89 0 1

EXHIBIT "D "May 2 . 200 1

Minimum Dwelling Sizes For Residential Parcel s

North Tract, Falcon's Lai r

Zoning Parcel Minimum,tfinimum

Dwelling sir ePercentage

R-8 3 10% 3,000 SF or larger25% 2 ,500 SF or large r50% 2 .250 SF or larger100% 2 ,000 SF or large r

R-7 3 25% 2.000 SF or large r50% 1,900 SF or large r100% 1 .800 SF or large r

R-6 1 50% 1,800 SF or large r100°6 1 .600 SF or large r

R-5 4 50% 1,800 SF or large r80% 1 .500 SF or large r100% 1 .200 SF or large r

SF-25 4 20% 1,100 SF or large r(To~~-nhomes) 50% 1,000 SF or large r

100% 850 SF or large r

MF-25 4 N'A 1 BR - 550 SF minimu m(Multifamily) 2 BR - 700 SF minimum

3 BR - 1 .000 SF minimum

EXHIBIT "G"May 2, 200 1

Landscape and Screening Standard s

1. General Requirements . All provisions of the City's Landscape Ordinance will apply .Landscaped area will include turf, shrubs, ground covers, trees and forests, and hardscap eelements including masonry and cast features, sidewalks, and drives . Open space is any spac enot covered by buildings .

2. Community Center . At least 25% of the gross site area of any community center must b elandscaped area (including landscaping in parking areas and including hardscape elements suc has walls, columns, walks, monuments, etc .) . At least 50% of the required landscaped area mustbe located in the front and side yards of the lot . In addition, one nursery grown shade tree, oneevergreen tree, or two ornamental trees must be provided for each 500 square feet of require dlandscaped area (with credit given for any trees planted in parking areas) .

3. Parking Lots . When a parking area contains 20 or more parking spaces, the interior of th eparking area must be landscaped with a minimum of one tree for every 15 parking spaces (wit hsuch trees placed anywhere within the parking area) and the perimeter of the parking are a(excluding points of vehicular and pedestrian ingress and egress) must be screened by a berm ,wall, or vegetative planting (or any combination of the foregoing) that is at least 30 inches high .Trees must be planted in a landscaped area no smaller than 6x6 feet and must be protected fro mvehicles through the use of concrete curbs, wheel stops, or other barriers . Landscaping andscreening materials cannot create a visibility obstruction for either vehicles or pedestrians .Landscaped materials in islands located at an intersection of maneuvering aisles may not excee d30 inches in height . Trees must be trimmed so that no branch or growth is less than seven feetabove grade. These requirements do not apply to parking areas that do not provide require d"code parking" and are not visible from any public street .

4. Median Trees . All collector streets with medians must have a minimum of one tre e(minimum 3-inch caliper) for each 60 feet of median length or two ornamental trees for each 4 0feet of median length . Trees may be grouped for design effect . A minimum of 20% of all tree sshall be evergreen. The minimum median width shall be 4 feet, and minimum length 40 feet .

5. Street Trees . All single family residential lots shall be required to have one tree (minimum3-inch caliper) located within the front yard (or, alternately, two ornamental trees within the fron tyard); provided, however, any single family residential lot in Parcel 4 shall be required to hav e(a) two trees (minimum 3-inch caliper) located within the front yard for interior lots ; and (b)three trees (minimum 3-inch caliper) located within the front yard for corner lots . The distanceof such tree(s) from the street right-of-way shall not exceed one-half of the required front yar dsetback for the lot .

6. Perimeter Screening . Townhome and multi-family development in Parcel 4 (other tha ndevelopment in accordance with neo-traditional mixed use standards) shall include screening b ya six-foot high masonry wall or continuous screening hedge . Stone or brick columns (or acombination thereof) shall be a required element of such screening (with a minimum colum nwidth of two feet and a maximum spacing of 60 feet) .