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ORD 1993-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. _93-q6 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: BEING APPROXIMATELY 198.01 ACRES OUT OF THE J. BADS SURVEY, ABSTRACT NO. 3921 THE J. HENRY SURVEY, ABSTRACT NO. 529, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829 AND BEING GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH. (AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT AS AUTHORIZED BY THE PD PLANNED DEVELOPMENT DISTRICT SECTION OF THE COMPREHENSIVE ZONING ORDINANCE, FOR SINGLE FAMILY DETACHED DWELLINGS AND USES INCIDENTAL TO SUCH RESIDENTIAL USE, ALL --IN ACCORDANCE WITH THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, AND WITH A COMPREHENSIVE SITE PLAN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE " COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;' PROVIDING THAT THE ZONING MAP SHALL REFLECT PD PLANNED DEVELOPMENT DISTRICT NO. 12' FOR THE SUBJECT PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION HEREOF AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance heretofore adopted by the Town Council of the Town of Trophy Club, Texas (the "Town"), the approximately 198.01 acre tract of land out of the J. Bads Survey, Abstract No. 392, the J. Henry Survey, Abstract No. 529, and the W. Medlin Survey, Abstract No. 829 which is the subject of this Ordinance, generally located north of Lakeview Elementary School and the First Baptist Church "(and being more particularly described in Exhibit "A" attached hereto .and incorporated herein) (the "Land"), was zoned R-12 Single Family Residential, which specified that the Land be used in conformity with the regulations of the R- 12 Single Family Residential District and with the other applicable terms of ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance") ; and WHEREAS, application has been made . pursuant to the Comprehensive Zoning Ordinance and State law for the rezoning of the Land from R-12 Single Family Residential to PD Planned -1_ Development District in accordance with Section 16A of the Comprehensive Zoning Ordinance, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the Town Council after all legal notices, requirements, conditions and prerequisites were complied with; and WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether these requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the tracts of land; safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on the 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, 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 and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concentration of population, and the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council 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 of the original investment was made; and WHEREAS, the Town council does find that the change in zoning and the site plan approval lessens 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 overcrowding of land; avoids undue concentration of population; and facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the -2- amendment to the Comprehensive zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of, Preamble. That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. Section 2. Rezoning. That Ordinance No. 91-01 of the Town, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and that all other Articles, chapters, sections, subsections, paragraphs, sentences, phrases and words of the Comprehensive Zoning Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That the zoning on the Land described in Exhibit "A" attached hereto and incorporated herein for all purposes, heretofore zoned R-12 Single Family Residential, is hereby changed to PD Planned Development District (PD- ) for detached single family dwellings and other uses incidental and accessory thereto, according to the standards and requirements set forth in Exhibits "B't through "Ell attached hereto and incorporated herein for all purposes, and with the specific requirements of this Ordinance, with all other parts of the Comprehensive Zoning Ordinance, with the Comprehensive Site Plan and plat of the development, and with all applicable ordinances, rules and regulations of the Town. Section 3. Development PI ann L-_RecMlations• Development Schedule. A Development Plan and Concept Plan (together with any elevation drawings, landscape plans, etc.) attached hereto as Exhibit "Bit (which plans together constitute the Site Plan for the Land), Residential Regulations attached hereto as Exhibit ttC", and a Development Schedule attached hereto as Exhibit "E" were submitted by the Owner and Developer and reviewed and approved by the Town Council upon the recommendation of the Planning and Zoning Commission for approval as a general Development Plan. Each of the said Exhibits is incorporated herein and made a part of this Ordinance for all purposes. Section 4. Restrictive Covenants. In connection with the development of the Land, the Owner and Developer has voluntarily agreed to restrict the development of the Land by the adoption and recording of restrictive covenants in a form approved by the Town, a copy of which are attached hereto as Exhibit "D". -3- Section 5. Condition Precedent. In carrying out the development of the PD, Planned Development District, the development conditions set forth in this Ordinance shall be conditions precedent to the granting of any certificate of occupancy as required in the Comprehensive Zoning Ordinance. Section 7. Zoning Map. The Town Secretary is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning changes herein made. Section S. Compliance with Ordinances. In all other respects the use of the Lands hereinabove described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the Town. Section 9. Purpose. The amendment to zoning, the regulations and districts as herein established, have been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and 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 secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with consideration of the reasonable 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 10. Savings: Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 11. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ( $2, 000.00) , and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 12. Se_verability. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such -4- invalidity, which remaining portions shall remain in full force and effect. Section 13. Effective Date. That this Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the _j_2_th day of AT1(qu_c;T , 1993. ATTEST: mod ? �- 12 Town Secretary, Town of Trophy Club, Texas CSC] APPROVED AS TO FORM: own torney, Town of Trophy Club, Texas yor, Town Trophy Club, Texas -5- n vi •tc r� ram. p , lr w® m r o r+ 0 1 h L I� 5. ? n - d •` r• SI r O lu r � Y � � ,r) "i • �'l—u�.,—i-+ r gin. li m 1 tr, N vi T. �• I t aa+,. h 1S En T'1— . m T 7t �' �1 7, m t• �? .;r, r(�nhy Club flElve `•' 'r r, Y -gyp• L i� ,`� �t r�i 13 ic �� r 1, - ? - 'F. t'•r � ''� ! �'" - _ _ 3r�=:. �=t 1 1 r+ s J. 'rr ' � •t `-?1 �'�? T� � '� - mm � c ¢ � �� fa -- m � � ] r i. -'-_ l 7 �• -7 � ' 71 ( � :� y / -ram •r.b<- cr ��v ft+=iL�y.1��J���_ L -S, -`'1 N �• ! - •h � f •-! .7 ',n• t -�� •t tr r n h i n� -t In I s r N N c7 I rt In r, i7 .,fit , � 1 'r .r,.-mom 7 ' • �� ' 1 1' S 1' o f Foy hu EXHIBIT "Wa.. RESIiDENTIAL REGULATIONS Other Than Those Items presented, All Policies and Requirements of Zoning Ordinance No. 91-0 1 Shall Prevail The development of the Land described in Exhibit "A" shall be in accordance with all of the regulations contained herein, with the site plan of the development as required by the Comprehensive Zoning Ordinance and shall be subject to the following standards, conditions and requirements: Area "A" Residential Regulations A. Purpose: The purpose of the Area "A" Residential Regulations (hereinafter referred to as "Area 'A'"), which Area is as shown and depicted on the Development Plan attached to this Ordinance No. as Exhibit "B", is to allow single family dwellings detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Uses Generally: In Area "A" no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as hereinafter provided. I. Permitted Uses: The following uses shall be permitted as principal uses: a. Single family detached dwellings. b. Parks, playgrounds, and nature preserves, publicly owned. C. Public utility uses required to service the district. d. Public roadways or highways. 2. Accessory IIaes and Structures: Accessory uses and structures shall be permitted within Area "A" in accordance with the regulations relating to residential accessory uses as set forth in Ordinance No. 91-01, as amended or revised (the "Comprehensive Zoning Ordinance"). 3. Conditional uses: Conditional uses may be permitted within Area "A" in accordance with the regulations relating to residential conditional uses as set forth in the Comprehensive Zoning Ordinance. 4. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; and 2. A development schedule has been approved meeting the conditions as provided in the PD Planned Development District Regulations section of the Comprehensive Zoning Ordinance. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 1 D. Height Regulations. Except as provided by the Comprehensive Zoning Ordinance, no building or structure shall exceed thirty --five feet nor be greater than two and one-half (2 1/2) stories in height. E. Area Regulations: The following minimum standards shall be required measured from property lines: 1. Lot size: Lots for any permitted uses shall have a minimum area of eight thousand, four hundred (8,400) square feet. 2. Minimum Open Space: All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. in addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage: The combined area covered by all wain and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall he in accordance with the following: One story residence: 1, 550 One and one-half or two story residence: 1 8Q0* Residence on corner lot: 2,000* *Those residences with more than one story shall have a minimum first floor area of 1,200 square feet. 5. Depth of front yard, feet: 25 6. Depth of rear yard, feet: 20 (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) 7. Width of side yard on each side, feet: 7h 8. Width of side yard adjacent to side street, feet: 15 9. Width of lot, feet (mcam=d at fiontbWding 11=): 80 10. Depth of lot, feet (measured from front property line): 110 11. Depth of lot, cul-de-sac or corner lot, feet: 85 All required yards shall comply with the applicable section of the comprehensive Zoning Ordinance. F. Buffered Area Regulations: Whenever a single family development is located adjacent to an existing multi --family development or a non- residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. G. Garages: Garages shall not face any public dedicated street for all lots of nine thousand (9,000) square feet or greater. No more than two EXHIBIT "C" TO ORDINANCE NO. -- PAGE 2 contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall be constructed in accordance with the Accessory Structures and Uses section of the Comprehensive Zoning ordinance. H. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. I. Fencing Requirements:eeri�gfetycTia�i� be o s th al�jn, omiininbnnb`dnd of �d°'adhr0 e. The said fence shall be constructed of patio grade western cedar or comparable wooden material on decorative masonry posts. The said fence shall be constructed along platted boundaries prior to the acceptance by the Town of any streets, roadways or other rights -of -way, and no building permits shall be issued prior to the construction and proper complet ion of the said fence. _ i+cuic.=c W 1 C-11 CUM lalii,$1ra�t� -' • - art d�'1•Y'lVn!1r7��r�f�rarn� T T` �i�jd�O�l[���fl ���inerandi)�velonA+fhe said fence shall be constructed so that the face side of the fence is directed away from the Town. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 3 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 93--06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND LOCATED WITHIN THE TOWN AND GENERALLY DESCRIBED AS FOLLOWS: BEING APPROXIMATELY 198.01 ACRES OUT OF THE J. EADS SURVEY, ABSTRACT NO. 3921 THE J. HENRY SURVEY, ABSTRACT NO. 529, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829 AND BEING GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH (AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT AS AUTHORIZED BY THE PD PLANNED DEVELOPMENT DISTRICT SECTION OF THE COMPREHENSIVE ZONING ORDINANCE, FOR SINGLE FAMILY DETACHED DWELLINGS AND USES INCIDENTAL TO SUCH RESIDENTIAL USE, ALL IN ACCORDANCE WITH THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, AND WITH A COMPREHENSIVE SITE PLAN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT PD PLANNED DEVELOPMENT DISTRICT NO. 12 FOR THE SUBJECT PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION HEREOF AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance heretofore adopted by the Town Council of the Town of Trophy Club, Texas (the "Town"), the approximately 198.01 acre tract of land out of the J. Eads Survey, Abstract No. 392, the J. Henry Survey, Abstract No. 529, and the W. Medlin Survey, Abstract No. 829 which is the subject of this Ordinance, generally located north of Lakeview Elementary School and the First Baptist Church (and being more particularly described in Exhibit "A" attached hereto and incorporated herein) (the "Land"), was zoned R-12 Single Family Residential, which specified that the Land be used in conformity with the regulations of the R- 12 Single Family Residential District and with the other applicable terms of Ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, application has been made pursuant to the Comprehensive Zoning Ordinance and State law for the rezoning of the Land from R--12 Single Family Residential to PD Planned -1- Development District in accordance with Section 16A of the Comprehensive Zoning Ordinance, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the Town Council after all legal notices, requirements, conditions and prerequisites were complied with; and WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether these requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the tracts of land; safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on the 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, 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 and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concentration of population, and the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council 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 of the original investment was made; and WHEREAS, the Town Council does find that the change in zoning and the site plan approval lessens 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 overcrowding of land; avoids undue concentration of population; and facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the -2- amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorp__oration of Preamble. That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. Section 2. Rezoning. That Ordinance No. 91-01 of the Town, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and that all other Articles, chapters, sections, subsections, paragraphs, sentences, phrases and words of the Comprehensive Zoning Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That the zoning on the Land described in Exhibit "A" attached hereto and incorporated herein for all purposes, heretofore zoned R-12 Single Family Residential, is hereby changed to PD Planned Development District (PD- ) for detached single family dwellings and other uses incidental and accessory thereto, according to the standards and requirements set forth in Exhibits "B" through "E" attached hereto and incorporated herein for all purposes, and with the specific requirements of this Ordinance, with all other parts of the Comprehensive Zoning Ordinance, with the Comprehensive Site Plan and plat of the development, and with all applicable ordinances, rules and regulations of the Town. Section 3. Development Plan; Regulations; Development Schedule. A Development Plan and Concept Plan (together with any elevation drawings, landscape plans, etc.) attached hereto as Exhibit "B" (which plans together constitute the Site Plan for the Land), Residential Regulations attached hereto as Exhibit "C", and a Development Schedule attached hereto as Exhibit "E" were submitted by the Owner and Developer and reviewed and approved by the Town Council upon the recommendation of the Planning and Zoning Commission for approval as a general Development Plan. Each of the said Exhibits is incorporated herein and made a part of this Ordinance for all purposes. Section 4. Restrictive Covenants. In connection with the development of the Land, the Owner and Developer has voluntarily agreed to restrict the development of the Land by the adoption and recording of restrictive covenants in a form approved by the Town, a copy of which are attached hereto as Exhibit "D". -3- Section 5. Condition Precedent. In carrying out the development of the PD, Planned Development District, the development conditions set forth in this Ordinance shall be conditions precedent to the granting of any certificate of occupancy as required in the Comprehensive Zoning Ordinance. Section 7. Zoni.ngMap. The Town Secretary is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning changes herein made. Section S. Compliance with Ordinances. In all other respects the use of the Lands hereinabove described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the Town. Section 9. Purpose. The amendment to zoning, the regulations and districts as herein established, have been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and 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 secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with consideration of the reasonable 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 10. Savings,_Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 11. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 12. Severability. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such -4- invalidity, which remaining portions shall remain in full force and effect. Section 13. Effective Date. That this Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 17hh day of Aur.TTsr , 1993. ATTEST: 1' 'Ad "41) 1 Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: own torney, Town of Trophy Club, Texas -5- yor, Town Trophy Club, Texas EXHIBIT "C"--RESIDENTIAL REGULATIONS Other Than Those Items Presented, All Policies and Requirements of Zoning Ordinance No. 91-01 Shall Prevail The development of the Land described in Exhibit "A" shall be in accordance with all of the regulations contained herein, with the site plan of the development as required by the Comprehensive Zoning Ordinance and shall be subject to the following standards, conditions and requirements: Area "A" Residential Regulations A. Purpose: The purpose of the Area "A"' Residential Regulations (hereinafter referred to as "Area 'A"'), which Area is as shown and depicted on the Development Plan attached to this Ordinance No. as Exhibit "B"r is to allow single family dwellings detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Uses Generally: In Area "A" no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principal uses: a. Single family detached dwellings. b. Parks, playgrounds, and nature preserves, publicly owned. C. Public utility uses required to service the district. d. Public roadways or highways. 2. Accessory Uses and Structures: Accessory uses and structures shall be permitted within Area "A" in accordance with the regulations relating to residential accessory uses as set forth in Ordinance No. 91-01, as amended or revised (the "Comprehensive Zoning Ordinance"). 3. conditional Uses: Conditional uses may be permitted within Area "A" in accordance with the regulations relating to residential conditional uses as set forth in the Comprehensive Zoning Ordinance. 4. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; and 2. A development schedule has been approved meeting the conditions as provided in the PD Planned Development District Regulations section of the Comprehensive Zoning Ordinance. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 1 D. Height Regulations: Except as provided by the Comprehensive Zoning Ordinance, no building or structure shall exceed thirty-five feet nor be greater than two and one-half (2 1/2) stories in height. E. Area Regulations: The following minimum standards shall be required measured from property lines: 1. Lot size: Lots for any permitted uses shall have a minimum area of eight thousand, four hundred (8,400) square feet. 2. Minimum Open Space: All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage: The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: One story residence: 1,650 One and one-half or two story residence: 1,800* Residence on corner lot: 2,000* *Those residences with more than one story shall have a minimum first floor area of 1,200 square feet. 5. Depth of front yard, feet: 25 6. Depth of rear yard, feet: 20 (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) 7. Width of side yard on each side, feet: 7h 8. Width of side yard adjacent to side street, feet: 15 9. Width of lot, feet (measured at front building line): 60 10. Depth of lot, feet (measured from front property line): 110 11. Depth of lot, cul-de-sac or corner lot, feet: 85 All required yards shall comply with the applicable section of the Comprehensive Zoning Ordinance. F. Buffered Area Regulations: Whenever a single family development is located adjacent to an existing multi -family development or a non- residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be get back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. G. Garages: Garages shall not face any public dedicated street for all lots of nine thousand (9,000) square feet or greater. No more than two EXHIBIT "C" TO ORDINANCE NO. -- PAGE 2 contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall be constructed in accordance with the Accessory Structures and Uses section of the Comprehensive Zoning Ordinance. H. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. other materials of equal characteristics may be allowed upon approval of the planning and Zoning Commission. I. Fencing Requirements: An eight (8) foot screening fence shall be constructed by the Owner and Developer adjacent to the common boundary of Area "A" and the corporate limits of the City of Roanoke. The said fence shall be constructed of patio grade western cedar or comparable wooden material on decorative masonry posts. The said fence shall be constructed along platted boundaries prior to the acceptance by the Town of any streets, roadways or other rights -of -way, and no building permits shall be issued prior to the construction and proper completion of the said fence. All fences or walls shall be maintained in good condition by the owners or occupants of the land on which the fence or wall or any part thereof is situated or by a property owners, association in accordance with and pursuant to certain voluntary restrictive covenants and conditions submitted by the Owner and Developer. The said fence shall be constructed so that the face side of the fence is directed away from the Town. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 3 Area "B" Residential Regulations A. Purpose: The purpose of the Area "B" Residential Regulations (hereinafter referred to as "Area `B`"), which area is as shown and depicted on the Development Plan attached to this ordinance No. as Exhibit "B", is to allow single family dwellings detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Uses Generally: In Area "B" no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principal uses: a. Single family detached dwellings. b. Parks, playgrounds, and nature preserves, publicly owned. C. Public utility uses required to service the district. d. Public roadways or highways. 2. Accessory Uses and Structures: Accessory uses and structures shall be permitted within Area "B" in accordance with regulations relating to residential accessory uses as set forth in Ordinance No. 91-01, as amended or revised (the "Comprehensive Zoning Ordinance"). 3. Conditional Uses: Conditional uses may be permitted within Area "B" in accordance with the regulations relating to residential conditional uses as set forth in Section 29 of the Comprehensive Zoning Ordinance. 4. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; and 2. A development schedule has been approved meeting the conditions as provided in the PD Planned Development District Regulations section of the Comprehensive Zoning Ordinance. D. Height Regulations: Except as provided by the Comprehensive Zoning ordinance, no building or structure shall exceed thirty-five feet nor be greater than two and one-half (2 1/2) stories in height. E, Area Regulations: The following minimum standards shall be required measured from property lines: 1. Lot size: Lots for any permitted uses shall have a minimum area of ten thousand (10,000) square feet. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 4 2. Minimum Open Space: All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage: The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: One story residence: 2,000 One and one-half or two story residence: 2,000* Residence on corner lot: 2,250* *Those residences with more than one story shall have a minimum first floor area of 1,200 square feet. 5. Depth of front yard, feet: 25 6. Depth of rear yard, feet: 25 (No rear yard shall face any street, provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) 7. Width of side yard on each side, feet: 10 8. Width of side yard adjacent to side street, feet: 15 9. Width of lot, feet (measured at front building line): 80 10. Depth of lot, feet (measured from front property line): 110 11. Depth of lot, cul-de-sac or corner lot, feet: 100 All required yards shall comply with the applicable section of the Comprehensive Zoning Ordinance. F. Garages: Attached garages shall not face any public dedicated street. Detached garages shall comply with the Accessory Structures and Uses section of the Comprehensive Zoning Ordinance. G. Buffered Area Regulations: Whenever a single family development is located adjacent to an existing multi -family development or a non- residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 5 Area "C" Residential Regulations A. Purpose: The purpose of the Area "C" Residential Regulations (hereinafter referred to as "Area '8"), which area is as shown and depicted on the Development Plan attached to this Ordinance No. as Exhibit "B", is to allow single family dwellings detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Uses Generally: In Area "C" no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principal uses: a. Single family detached dwellings. b. Parks, playgrounds, and nature preserves, publicly owned. C. Public utility uses required to service the district. d. Public roadways or highways. 2. Accessory Uses and Structures: Accessory uses and structures shall be permitted within Area "C" in accordance with regulations relating to residential accessory uses as set forth in Ordinance No. 91-01, as amended or revised (the "Comprehensive Zoning Ordinance"). 3. Conditional Uses: Conditional uses may be permitted within Area "C" in accordance with the regulations relating to residential conditional uses as set forth in the Comprehensive Zoning Ordinance. 4. Limitation, of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; and 2. A development schedule has been approved meeting the conditions as provided in the PD Planned Development District Regulations section of the Comprehensive Zoning Ordinance. D. Height Regulations: Except as provided by Section 24 of the Comprehensive Zoning Ordinance, no building or structure shall exceed thirty --five feet nor be greater than two and one-half (2 1/2) stories in height. E. Area Regulations: The following minimum standards shall be required measured from property lines: 1. Lot size: Lots for any permitted uses shall have a minimum area of twelve thousand (12,000) square feet. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 6 2. Minimum open Space: All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage: The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: one story residence: 2,100 One and one-half or two story residence: 2,000* Residence on corner lot: 2,500* *Those residences with more than one story shall have a minimum first floor area of 1,200 square feet. 5. Depth of front yard, feet: 25 6. Depth of rear yard, feet: 25 (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) 7. Width of side yard on each side, feet: 10 8. Width of side yard adjacent to side street, feet: 20 9. Width of lot, feet (measured at firm building line): 90 10. Depth of lot, feet (measured from front property line): 1105 11. Depth of lot, cul-de-sac or corner lot, feet: 100 All required yards shall comply with Section 25 of the Comprehensive Zoning Ordinance. F. Garages: Attached garages shall not face any public dedicated street. Detached garages shall comply with the Accessory Structures and Uses section of the Comprehensive Zoning Ordinance. G. Buffered Area Regulations: Whenever a single family development is located adjacent to an existing multi -family development or a non- residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (BO) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. EXHIBIT "C" TO ORDINANCE NO. -- PAGE 7 I. Fencing Requirements: An eight (8) foot screening fence shall be constructed by the Owner and Developer adjacent to the common boundary of Area "A" and the corporate limits of the City of Roanoke. The said fence shall be constructed of patio grade western cedar or comparable wooden material on decorative masonry posts. The said fence shall be constructed along platted boundaries prior to the acceptance by the Town of any streets, roadways or other rights -of -way, and no building permits shall be issued prior to the construction and proper completion of the said. fence. All fences or walls shall be maintained in good condition by the owners or occupants of the land on which the fence or wall or any part thereof is situated or by a property owners' association in accordance with and pursuant to certain voluntary restrictive covenants and conditions submitted by the Owner and Developer. The said fence shall be constructed so that the face side of the fence is directed away from the Town. EXHIBIT "C" TO ORDINANCE NO. -- PACE 8 EXHIBIT "D" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TROPHY JOINT VENTURE PARCEL THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Trophy Joint Venture, a Texas limited partnership (the "Declarant"), is the owner of approximately 171.0 acres (the "Addition"), an Addition to the Town of Trophy Club (the "Town"), Texas, according to the plat thereof (the 'Plat") recorded in of the Map Records of Denton County (the "County"), Texas. Declarant has subdivided the property into single-family lots as shown on the Plat. As used herein, "lot" and 'lots" shall refer only to the numbered lots shown on the Plat and shall not refer to public areas, parks, esplanades, tracts owned or subsequently acquired by any public body, or any lot or tract shown as a reserve whether designated as unrestricted or not It is anticipated that a portion of Lots , Block will be landscaped and designed for use as a screening wall and entryway (the 'Wail Lots") and that said landscaping shall be maintained by the owners of each of tine Wall Lots or a Homeowners' Association ("HOA"), subject to the terms and conditions of this Declaration. Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, and subject to that Declaration of Covenants and Deed Restrictions recorded in Volume , Page of the Deed of Records of Denton County, Texas (the "Addition CCR's") which are for the purpose of establishing a general scheme for the development of all of the lots in the Addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the property or any part thereof, and which shall inure to the benefit of each owner thereof. Notice is hereby given that, by this Declaration, Declarant does not intend to contradict, amend, or alter any Town Ordinances, Regulations or other covenants. Any party intending to acquire any interest in the Addition should perform independent investigation of Town Ordinances, Regulations, and other covenants to be sure that the party's intended use is compatible with the relevant ordinances, regulations, and covenants. In any case, the most restrictive of all regulations shad prevail (as per Article 4, Section 4.11). ARTICLE 1 CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS Section 1.1 Residential Use. All lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family residence per lot and a private garage as provided below except as permitted by the 92315101.M04 1 "DRAFT" Architectural Control Committee (the "Committee"). The residence may not exceed the lesser of two and one-half (2-1/2) stories in height or the maximum height allowed by the Town. Section 1.2 Sinale-Family Use. Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no more than two (2) unrelated persons living and cooking together as a single housekeeping unit, together with any household servants. Section 1.3 Gara es and Driveways. Each residence shall have a detached or attached garage suitable for parking not less than two (2) or more than three (3) standard size automobiles, which garage conforms in design and materials with the main structure. Garages shall have a vehicular access door or opening which faces the front of the lot under the following guidelines: 1) Only on those lots with less than 9,000 square feet in land area and 2) there shall be no more than two (2) contiguous lots with garages facing the front of the lot. Rear amd swing entries are allowed in all areas. All garage doors shall be closed at all times except as may be necessary for entry and exit of vehicles and persons. All driveways must be accessed from the front of the lot unless otherwise approved by the Committee. All driveways and driveway aprons or parking aprons must be kept free of any storage of vehicles or other material and must be kept clean of any dirt, debris, or stain. For purpose of this Section, "storage" shall mean the placing of any object or material for more than one day, or, the parking of any unoperating vehicle for more than one day. On driveways and aprons wlvch enter off of side streets, no vehicle of any kind may be parked for more than one day. Section 1.4 Restrictions for Resubdivision. None of the lots shall be subdivided into smaller lots. Section 1.5 Driveways. All driveways shall be surfaced with concrete or a similar substance approved by the Town and the Committee. No circular driveways shall be permitted without approval of the Committee. Section 1.6 Use,, Specifically Prohibited (a) No temporary dwelling, shop, trailer or mobile home of any kind or any improvement of a temporary character (except children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a lot only in places which are not visible from any street) shall be permitted on any lot except that the builder or contractor, with the prior written approval of the Committee, may have temporary improvements (such as a sales office and/or construction trailer) on a given lot during construction of the residence on that lot. No building material of any kind or character shall be placed or stored upon the property until the owner thereof is ready to begin construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected. (b) No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for more than two consecutive days within the Addition, unless completely concealed from public view. No such vetricle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. (c) Trucks with tonnage in excess of three quarters of a ton and any vehicle with painted advertisement shall not be permitted to park overnight within the Addition except those used by a builder during the construction of improvements. 92315101.M04 2 "DRAFT" (d) No vehicle of any site which transports inflammatory or explosive cargo may be kept in the Addition at any time. (e) No vehicles or similar equipment shall be parked or stored in an area visible from any street except passenger automobiles, passenger vans, motorcycles, pick-up trucks and pick-up trucks with attached bed campers that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. (f) No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out -building, shall be used on any property at any time as a dwelling house; provided, however, any builders, with the prior written approval of the Committee, may Occur model houses, sales offices and construction trailers during the construction period. (g) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Addition, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Addition. No derrick or other structure designed for using in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Addition. (h) No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Addition except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the property so that no hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude, health or safety of the community. No more than three (3) pets will be permitted on each lot. Pets must be retrained or confined on the homeowner's back lot inside a fenced area or within the house. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. (i) No lot or other area in the Addition shall be used as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in covered sanitary containers in appropriate locations which may be specified by the Committee and, unless otherwise expressly permitted by the Committee, such containers shall be situated or enclosed or screened so as not to be visible from any residential street, private drive or adjacent lot. Ail incinerators or other equipment for the storage or other disposal of such material shall be kept clean and sanitary condition. Materials incident to construction of improvements may be stored on lots during construction so long as construction progresses without undue delay. 0) No individual water supply system shall be permitted in the Addition. (k) No individual sewage disposal system shall be permitted in the Addition. (1) No garage, garage house or other out -building (except for sales offices and construction trailers during the construction period which have been approved by the Committee in writing) shall be occupied by any owner, tenant or other person prior to the erection of a residence. (m) No au -conditioning apparatus shall be installed on the ground in front of a residence. No air-conditioning apparatus shall be attached to any front or side wall or window of a residence, or in any second floor window or wall. All utility meters, equipment, air-conditioning compressors, air-conditioning and heating units and similar items must (to the extent reasonably practicable) be visually screened from the streets and from adjoining lots and must be located in areas acceptable to the Committee. 92315101.M04 3 "DRAFT" (n) Except with the written permission of the Committee or as provided below, no antennas, discs or other equipment for sending or receiving sound or video messages shall be permitted in this Addition except antennas for AM or FM radio reception and UHF and VHF television reception or as allowed by the applicable ordinances of the "Town'. All antennas shall be located inside the attic of the main residential structure except that, with the written permission of the Committee, one (1) antenna may be permitted to be attached to the roof of the main residential structure and to extend above said roof a maximum of five (5) feet and one (1) satellite: dish or other instrument or structure may be placed in the backyard so long as it is completely screened from view of any other lot, street, alley, park or other public area. No use shall be made of any lot or structure thereon for any other type of radio or television or similar broadcasting system. (o) No lot or improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Addition, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood, Nothing in this subparagraph shall prohibit a builder's temporary use of a residence as a sales office until such builder's last residence in the Addition is sold if such builder has received the prior written approval of such use from the Committee. Nothing in this subparagraph shall prohibit an owner's use of a residence for quiet, inoffensive activities so long as such activities do not materially interfere with adjoining homeowner's use and enjoyment of their residence and yards. (p) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (b) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points ten (10) feet from the intersection of a street right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. (q) Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no buildings previously constructed elsewhere shall be moved onto any lot, it being intention that only new construction be placed and erected thereon. (r) Within easements on each lot, no structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow within drainage channels or which may obstruct or retard the flow of water through drainage channels. Each lot owner is obligated to maintain any grading plan provided by Declarant or the Committee. (See Article 3). (s) The grading, slope and drainage plan of all Lots may not be altered without the prior written approval of the Committee, the Town and other appropriate agencies having authority to grant such approval. (t) No sign of any kind shall be displayed to the public view on any lot without the approval of the Town and with the following exceptions: one (1) professional sign of not more than five (5) square feet advertising the property for sale, or professional signs not exceeding nine (9) square feet used by a builder to advertise the property during the construction and sale period. Declarant or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. All signs are subject to the approval of the Town and the Committee and may be required to be removed if the same are found to be inconsistent with the high standards of the Addition. 92315101.M04 4 "DRAFT" (u) The drying of clothes in full public view is prohibited. The owners and occupants of any lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to full public view shall construct a drying yard or other suitable enclosure to screen from public view the equipment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles. (v) Except within Fireplaces in the main residential dwelling and except for outdoor cooking, no burning of anything shall be permitted anywhere within the Addition. (w) No carport or porteco-there shall be permitted on a lot. (x) No abandoned, derelict or inoperative vehicles may be stored or located on any lot. (y) Any retaining walls visible from any street right-of-way or easement must be approved by the Committee. But under no circumstances shall cross tie retaining walls visible from any street right-of- way be permitted. Section 1.7 Minimum Floor Area. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be not less than 1650 square feet in Area "A"; 2000 square feet in Area "B"; 2000 square feet in Area "C". Section 1.8 Building Materials; Exterior Items and Surfaces. The total exterior vertical wall area of each dwelling exclusive of doors and windows shall be at least 80% masonry, brick, brick veneer, stone or stone veneer or shall provide the minimum standards required by the Town. All chimneys shall be brick or stone veneer and will be included in the total veneer requirement. Installation of all types of external items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mail boxes, exterior paint or stain, shall be subject to the prior approval of the Committee as to design, materials and location. Composition or other roofing material acceptable to the Committee must be used. Composition roofing material shall be no less than 250 pound weight per 100 square feet of roofing area, laminated fiberglass with covered valleys. The color of such composition roofing shall be weathered grey or as otherwise approved by the Committee. No the shall be permitted unless approved by the Committee. Section 1.9 Side Line and Front Line Setback Restrictions. Except as otherwise approved by the Committee, no dwelling shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum setback lines as approved by the zoning, as shown on the Plat or required by the Town. In any event, no building shall be located on any lot nearer than twenty-five (25) feet to the front lot line or nearer than five (5) feet to any side lot line (interior lot line), except that structures shall be no nearer to the adjoining street than the designated building/setback line according to the Plat which may provide for a staggering of front setbacks. For the purposes of these covenants, eaves and steps and open porches shall not be considered as a part of the building, provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot or to violate any Town Ordinance. Section 1.10 Waiver of Setback Requirements. With the written approval of the Committee, any building may be located further back from the property line of a lot than provided above, where in the opinion of the Committee, the proposed location of the building will not substantially detract from the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots, 92315101.M04 5 11D RAFT" Section 1.11 Fences and Walls (a) Any fence or wall shall (i) comply with Town requirements, including those regarding height, location and materials; (ii) not extend nearer to the front street than five feet from the front of the house without the prior written approval of the Committee; (iii) be constructed of masonry, brick or other material approved by the Committee; (iv) be constructed so that the sides containing the rails or wooden posts are not visible from any public right-of-way; (v) be not less than six (6) feet in height or more than eight (8) feet in height from existing ground level unless otherwise approved by the Committee; (vi) that any fence on the side of a corner lot adjacent to a street shall be five (5) feet inside the property line of such lot, unless otherwise approved by the Committee. However, on reverse frontage lots, special, more restrictive fencing requirements may be imposed on the lot side contiguous to the street; (vii) if stained, be stained with a stain approved by the Committee. In Area "A", Lots , Block , shall provide a minimum eight (8) feet in height weather retardant wooden fence constructed with metal posts along the rear property line with the face of the fence directed away from the Town. (b) As to corner lots, any fence exposed to a street shall be a uniform fence of a design, material and color and in the specific location to be determined by the Committee for each lot, which shall generally include but not be limited to the following: (i) such fence shall be located between the building line and property line; (H) that the fence not extend nearer to the front street than approximately one-half the depth of the front street than approximately one-half the depth of the house; (iii) there shall be a formal foundation planting along the outside of the fence returning to the house. (c) All lots backing to Trophy Club Drive shall provide a seven (7) foot masonry screening wall to be developed under the guidelines of the Town and shall be installed prior to the issuance of any certificate of occupancy on any of said lots. Section 1.12 Sidewalks. Sidewalks shall not be provided as per current Town regulations Section 1.13 Mailboxes. Mailboxes shall be constructed in accordance with Town specifications, shall be constructed of a masonry material and having a design approved by the Committee, and shall be standardized construction and appearance, similar to other mailboxes in the Addition. House numbers shall be placed on the mailbox only and are not permitted on the face of the residence. Section 1.14 Commencement of Construction. Each residence constructed on each lot and any other improvements thereto shall be commenced and completed with due diligence promptly after approve by the Committee of the plans and specifications prepared in connection with such construction. Section 1.15 Utilities. Except as to special street lighting or other serial facilities which may be required by the Town or which may be required by the franchise of any utility company or which may be installed by Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, transformers and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed in the Addition whether upon individual lots, easements, streets or rights -of -way of any type, either by the utility company or any other person or entity, including, but no limited to, any person owning or acquiring any part of the Addition, and all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by the Town or a public utility. Section 1.16 Li htin . All exterior lighting shall conform to the standards of the Town and shall be approved by the Committee. Section 1.17 Side. All street signage shall conform to the standards of the Town. 42315101.M04 6 "D RAFT" ARTICLE 2 ARCHITECTURAL CONTROL Section 2.1 Appointment. Declarant may designate and appoint an Architectural Control Committee (herein called the "Committee") composed of three (3) individuals, each generally familiar with the residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its reasonable best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with the declaration. Section 2.2 Successors. In the event of the death, resignation or removal by Declarant of any member of the Committee, Declarant may appoint a successor member. Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, causes of action or damages arising out of, services performed, or not performed, pursuant to this declaration. Section 2.3 Authority. No building, fence, wall, landscaping, or other structure shall be commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all construction and landscaping plans and specifications and plot plan have been submitted to and approve in writing by a majority of the members of the Committee as to; (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping in relation to the various parts of the proposed improvements and in relation to improvements on other lots in the Addition, and; (c) the other standards set forth within this declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered but not obligated to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or positively affect the living enjoyment of one or more lot owners or the general value of lots in the Addition and, pursuant thereto, the Committee may require the submission of plans and specifications therefor prior to the commencement, or during the process, of such construction or landscaping. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider the general appearance of the proposed building as that can be determined from front, rear and side elevations on submitted plans. Section 2.4 Procedure for Approval. Preliminary and final construction plans and specifications, and grading plans and landscaping plans and specifications shall be submitted in duplicate to the Committee. The plans and specifications shall shown the nature, kind, shape, height, materials and location of all landscaping and improvements. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this declaration. The Committee is authorized to request the submission of samples of proposed construction materials. At such time as the plan and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member or representative of the Committee and returned to the lot owner or his designated representative. 92315101.Mtl4 7 "DRAFT" If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a member or representative of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall any verbal approval of any plans be effective. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this Article shall be. deemed to have been completed. In case of a dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee actually received the plans. The Committee's receipt of the plans may be established by a signed certified mail receipt. Section 2.5 Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures, materials, or colors from being built in the Addition. The Committee shall also have the authority to require a 8/12 or greater roof slope, to specify that fireplaces and chimney flues be covered with brick or masonry, to require the use of specific types of divided light windows, to prohibit or restrict the sue of solar of heating panels and generally to require that any plans meet or exceed the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this declaration. Section 2.6 Liabifitv of Committee. Neither the Committee nor the individual members of the Committee shall have any liability for decisions made, or not made, by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with general provisions of this declaration, Town codes, state statues or the common law, whether the same relate to lot lines, building lines, easements or any other issue. This Section shall also apply to the members of the Homeowner's Committee if such a committee comes into existence pursuant to Section 2.6. ARTICLE 3 SPECIAL FENCING AND LANDSCAPING AND GRADING PLAN Section 3.1 Fences,. Grading Plan, Walls and Sprinkler Systems. For a period of ten (10) years after the recording of this document, Declarant shall have the right to erect, install, maintain, repair and/or replace fences, walls and/or sprinkler systems within those portions of any lots which are located outside the building, setback or sight lines as established by [he Plat, this document or any governmental entity (being referred to herein as the 'Restricted Area"). Any fence, wall or sprinkler system shall be the property of the owner of the lot on which such fence, wall or sprinkler system is erected or installed, subject to die easements and rights of Declarant set forth below. No fence, wall or sprinkler system shall be erected or installed in the Restricted Area by the owner thereof without the prior written consent of Declarant. Section 3.2 Landscaping. Declarant shall have the right to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landscaping on any portion of the Restricted Area. In the event Declarant does not landscape the Restricted Area, the owner thereof may plant grass and, with the prior written consent of Declarant, may landscape and plant trees and shrubs in the Restricted Area. Each lot on which a dwelling unit is constructed shall have landscaping, including, 92315101.M 04 8 "DRAFT" but limited to, shrubs, flowers, trees, ground cover and grass, of a sufficient quality, quantity and design to be compatible with landscaping on adjoining lots and the neighborhood setting. Landscaping of a front yard shall be completed within one hundred twenty (120) days after the date of which the Living Unit is ninety percent (90%) complete. Lot owners shall use reasonable efforts to preserve, keep and maintain the landscaping in a healthy and attractive condition. Landscape timbers or other appropriate weather retarded timbers are allowed for front yard wall construction upon approval by the Committee. No cross tie walls shall be permitted in the front yard. Section 3.3 Easement. Declarant shall have, and hereby reserves, the right and easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth above. Section 3.4 Maintenance bX Individual Lot Owner. In the event Declarant does not maintain or repair any fences, wails, grading, planting or landscaping erected, installed or situated within the Restricted Area, then the owner of such lot shall, at his expense, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in a good and neat condition and appearance; provided, however, that the lot owner shall give Declarant ten (10) business days written notice before doing any maintenance other than mowing, edging and trimming. So long as the Restricted Area and any fences, walls, grading, planting and landscaping thereon are being reasonably maintained and repaired by Declarant, the owner of such lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of Declarant. In no event shall the owner of any lot perform any maintenance or repair work on any sprinkler system within the Restricted Area without the prior written consent of the Declarant. Section 3.5 Declarant's Discretion. Notwithstanding any provisions herein to the contrary, Declarant shall never be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any lots. Section 3.6 Ten -Year Limitation. The provisions of this Article regarding Declarant's rights shall terminate on the earlier of (a) the date on which the Declarant records a document evidencing said termination or (b) ten (10) years after the date hereof. Notwithstanding said termination, the homeowners shall have the right to exercise Declarant's rights hereunder pursuant to Section 4.13. Section 3.7 Grading Plan. The owner of each lot shall strictly adhere to the grading plan attached hereto as Exhibit A and shall have an affirmative obligation to maintain the grading plan in all respects. (a) The owner of each lot shall keep any area yard drain which is located on his lot free and clear at all times of any debris; (b) The owner of each lot shall maintain the drainage swale across the rear and/or side of his lot free of debris and mowed to a height not to exceed two inches; (c) The owner of each lot shall build any side or rear lot line fence across the Swale so that no more than 5017b of the swale width is closed by fence material. At least 50% of the swale width shall be left open. This specification can be achieved by alternating fence slats with open gaps in the bottom ten inches of the fence where it crosses the swale. ARTICLE 4 GENERAL PROVISION 92315101.M04 9 "DRAFT" Section 4.1 Easements. Easement for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. By acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to beep and maintain in a neat and clean condition any easement which may traverse a portion of the lot. Section 4.2 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the Plat are incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant, conveying lots in the Addition whether specifically referred to therein or not. Section 4.3 Lot Maintenance, The owner and occupant of each lot shall cultivate an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run along the property line. Grass, weeds and vegetation an each lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetables shall be grown in any yard that faces a street. No owner shall permit weeds or grass to grow to a height of greater than six (6) inches upon his property. No foundation planting, shrub or other vegetation near the house shall be allowed to grow above the bottom of any window. If, after ten (10) days prior written notice, an owner of a lot shall fail to; (a) control weeds, grass and/or other unsightly growth, (b) remove trash, rubble, building and construction debris, (c) exercise reasonable care and conduct to prevent or remedy an unclean, untidy or unsightly condition, or (d) otherwise satisfy the aforesaid maintenance requirements, then Declarant shall have the authority and right but not the obligation to go onto the subject lot for the purpose of mowing and cleaning said lot or to otherwise effect the aforesaid maintenance requirements and shall have the authority and right to access and collect from the owner of said lot the amount so expended by Declarant in connection with mowing, cleaning or otherwise maintaining said lot on each respective occasion of such mowing, cleaning or maintenance. In the event an owner of a lot does not pay such an assessment within fifteen (15) days after the date of invoice for such assessment, such owner shall also be obligated to pay Declarant interest thereon from said date until paid at the lesser of the maximum rate permitted by applicable law or eighteen percent (18%) per annum and the costs of collection thereof. Section 4.4 Maintenance of Improvements. Subject to the provisions of Article 3, each lot owner shall maintain the exterior of all buildings, fences, walls and other improvements on his lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit the roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improvements to deteriorate in an unattractive manner. Section 4.5 Mortgage. It is expressly provided that the breach of any of the foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Section 4.6 Term. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of thirty (30) years after this declaration is recorded. They shall be automatically extended for successive periods of ten (10) years unless amended as provided herein or as allowed by applicable law. Section 43 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of 92315101.M04 10 "DRAFT" w t7 z 0 cc z w z t� z O w z` w: H CL w U z 0 c� F- z w M J Lu rm J O Z= o0 F- LU 0 Fn- Y Q J mar re a court of competent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction, each of which shall remain in full force and effect. Section 4.8 DiuAing Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of and is binding upon, each and every person acquiring any part of the Addition, it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except land in the Addition and the same shall inure to the benefit of owners of land in the Addition and Declarant, its successors and assigns. This instrument, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition is on notice of the conditions, covenants, restrictions and agreements herein contained. Section 49 Enforcement. Declarant and/or the owner of any lot in the Addition shall have the easement and right to have each and all of the foregoing restrictions, conditions and covenants herein faithfully carried out and performed with reference to each and every lot in the Addition, together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof, it being the intention hereby to attach to each lot in the Addition, without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition whether owned by the undersigned, its successors and assigns, or others. Failure by any owner, including Declarant, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4.10 Definition of "Owner". As used herein, the term "owner" shall refer to the record owner, whether one or more persons or entities (including contract sellers), of the fee simple title to a lot on which there is or will be built a single-family residence, but not including those having an interest merely as security for the performance of an obligation. Section 4.11 Other Authorities. If other authorities, such as the Town or County, impose more demanding, expensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Other authorities imposition of lesser requirements than those set forth herein shall not supersede or diminish the requirements herein. Section 4.12 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot. Any notices or correspondence to the Committee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Committee pursuant to an instrument recorded in the deed records of the County. Section 4.13 Owner's Election. 1f at any time a majority of the owners of lots in the Addition execute and record a document stating their intent and desire to perform some or all of Deciarant's landscaping, maintenance, approval, or other rights or functions hereunder, and if such documents provides a reasonable procedure for notifying and assessing all owners and for delegating responsibility and performing such functions, and if such document is approved and executed by Declarant, then such owners shall be entitled and executed by Declarant, then such owners shall be entitled to all the discretion, authority, easements and right of Declarant with respect to the matters as to which the homeowners elect to assume responsibility. If at any time 80°7o of the owners of lots in the Addition determine that they wish to form a homeowner's association with articles of incorporation, by-laws, and all other pertinent documents, and if the Declarant gives prior written approval of said association, they shall be empowered to do so and 100% of the owners of all lots in the Addition shall be obligated to join in the association. If such an association is formed, the maximum annual assessment for each lot owner shall be two hundred and forty dollars ($240,00) as adjusted up or down annually on April 1 of each year after 1994 consistent with increases or decreases in the Consumer Price Index (all Urban Consumers index) (the "CPI"), as 92315101.M04 11 "DRAFT" published by the United States Bureau of Labor Statistics, using 1992 as the base year after which year changes in the CPI will be applicable to adjustments in the maximum annual assessment. StH Purcha a r $180.00 per yea , as djus d pursuant to the ro ' ' s a ove, an s i i—�le gnart�riy, tine —first men ue fo each anuary 1, April 1, Ju y , or hich follows the cl ing of the sale of th sL"c;—a- hemtbuuer. Section 4.14 DecIarant's Election, At any time following the date upon which owners other than Declarant own a majority of the lots, Declarant may record a document (the "Conveyance Document") which conveys some or all of Declarant's landscaping, maintenance, approval, or other rights or functions hereunder, to the other lot owners, and Declarant will notify the lot owners of the conveyance. The Conveyance Document may, at Declarant's option, include a process for maintenance assessments of the individual lot owners. However, any assessment must be reasonable and related to the actual on -site maintenance of the Addition. Section 4.15 Amendment. Until the sale by Declarant of all the total number of lots in the Addition to third parties unrelated to Declarant, Declarant, at its discretion, may abolish or amend the covenantsjconditions and restrictions set forth herein in whole or in part. Subsequent to such sale, such covenants, conditions and restrictions may be amended by fifty-one percent (51%) of the then owners of lots (with one vote to be cast for each lot so owned) evidenced by a document in writing bearing each of their signatures; provided, however, that for the ten (10) years following the recording of this declaration, no amendment of the covenants, conditions and restrictions set forth herein shall be valid or effective without the joinder of Declarant. EXECUTED this day of , 19 By= By: The undersigned, being a lienholder on the property affected by the foregoing covenants, joins in the execution hereof for the purpose of consenting to the restrictions and covenants therein contained and of subordinating said lien to said restrictions and covenants. By: Printed blame: Title: 92315101.M04 12 "D RAFT" THE STATE OF TEXAS COUNTY OF by This instrument was acknowledged before me this day of , a Texas in its capacity as general partner of a Texas limited partnership, on behalf of said partnership. THE STATE OF TEXAS COUNTY OF f 19—, on behalf of said Notary Public in and for the State of Texas My Commission Expires: This instrument was acknowledged before me this day of , 19_, by of on behalf of said association. Notary Public in and for the State of Texas My Commission Expires: 92315101.M04 13 "DRAFT" TROPHY CLUB DEVELOPMENT SCHEDULE Development of the 198 acre Trophy Joint Venture parcel will occur in phases. A preliminary development schedule estimate is attached for your review. The "projected development start window" represents the period in which we anticipate the first phase of development commencing. The earliest date will most Rely be 90 days from the date of rezoning. The latest date would be the end of the period, or possibly later, depending on market conditions including the absorption pace of the remaining lots in Village West. Financing availability and other macro market issues will also affect construction start timing. The lot absorption levels represent the mid to upper ranges as projected in the market study which was submitted to the Planning Commission. The schedule also assumes that the development and delivery of new lots is coordinated with the depletion of lots in previous phases. Trophy Joint Venture will keep the City staff fully informed of development plans to facilitate planning for City services. Q31OW6.LNH U E Q �w o m co � 5U �m � N O ECL G ztn O C CLCl Q n n «- n V- ,� C= l! N N h � A LL n en C v C v 0 C �� O Go Q It d p a y s+l . `..i C ,b D O D C 4 p G T 5 a. v Q ©Q 0 5 C3 rt Q Q? .+r E a ,,, W `� � a -n •�-+ a � � e Cl) CD w� E M. CM � � v U } vi r CIA W 0 IL 0 v �a T N V Q Q Q EXHIBIT "A" Legal Description The following described tract or parcel of land situated in the Jesse Eads Survey, A-392, the J. Henry Survey, A-529, and in the W. Medlin Survey, A-829, denton county, texas and being a portion of a 76.4 acre tract as conveyed from Mrs. Maude Howe to H.M. Howe and being recorded on Page 2 of Volume 345 in the Denton County Deed Records, a portion of a tract as conveyed Johnson-Loggins, Inc. to Gibraltar Savings Association by deed recorded on Page 16 of Volume 512 in the Denton County Deed Records and being more particularly described as follows: BEGINNING at a Highway Department monument at the Northeast corner of said 76.4 acre tract and being in the South right-of-way line of Howe Road (a 60.0 foot right-of-way): THENCE S 89°49'27" E a distance of 1382.6 feet to an old iron rod; THENCE N 11°42' E a distance of 11.9 feet to an old iron rod; THENCE S 89°54'38" E a distance of 1256.86 feet to an old iron rod; THENCE N 01020'41" E a distance of 891.23 feet to an old iron rod; THENCE S 89056'47" E a distance of 2106.53 feet to an old iron rod; THENCE South a distance of 619.25 feet to an iron rod at the beginning of a curve to the right having a radius of 875.0 feet whose center bears West a distance of 875.0 feet; THENCE Southwesterly along said curve and through a central angle of 48°30'00", an arc length of 740.67 feet, a chord bearing of S 24' 15' W, and a chord distance of 718.76 feet to an iron rod and being on a curve having a radius of 875.0 feet whose center bears S 41 ° 30' E a distance of 2500.0 feet; THENCe Southwesterly along said curve and through a central angle of 20° 14'36", an arc length of 883.28 feet, a chord bearing of S 03°41'22" W, and a chord distance of 878.69 feet to an iron rod; THENCE N 80°00' W a distance of 1325.0 feet; THENCE Southwesterly along said curve and through a central angle of 28 ° 15'00", an arc length of 653.3 feet, a chord bearing of S 24°07'30" W, and a chord distance of 646.7 feet to an iron rod at the beginning of a curve to the left having a radius of 834.7 feet whose center bears S 51°45' E a distance of 834.7 feet; THENCE Southwesterly along said curve and through a central angle of 11° 18'03", an arc length of 164.63 feet, a chord bearing of S 32°35'58" W, and a chord distance of 164.37 feet to an iron rod at the Northeast corner of an 11.2 acre tract as recorded on Page 200 of Volume 1898 in the Denton County Deed Records; THENCE N 80°02' W a distance of 797.09 feet to an iron rod at the Northwest comer of said 112 acre tract; THENCE S 09°58' W a distance of 611.54 feet to an old iron rod at the Southwest corner of said 11.2 acre tract and being in the North right-of-way line of Village Trail (a 60.0 foot right-of-wav); THENCE N 70° 53' W along the North right-of-way line of said Village Trail a distance of 91.98 feet to 93=71.LNH an old iron rod at the beginning of a curve to the left having a radius of 1346.26 feet whose center bears S 19' 07' W a distance of 1346.26 feet; THENCE Northwesterly along said curve and along the North right-of-way line of said Village. Trail and through a central angle of 11 ° 14'00", an arc length of 263.95 feet, a chord bearing of N 76' 30' W, and a chord distance of 263.52 feet to an iron rod at the beginning of a curve to the right having a radius of 1497.7 feet whose center bears N 07" 53' E a distance of 1497.7 feet; THENCE Northwesterly along said curve and along the North right-of-way line of said Village Trail and through a central angle of 07' 05'00", an arc length of 42.88 to an iron rod; THENCE Northeasterly and leaving said Village Trail, N12'29'00" W, a distance of 210.00 feet to an iron rod; THENCE N 76'23'10" W, a distance of 215.04 feet to a point on the east boundary of a 15 acre tract owned by the Northwest Independent School District as recorded in Volume 1070, Page 378, Denton County Deed Records; THENCE N 09' 58' E a distance of 663.32 feet to an iron rod; THENCE N 76'47'55" W a distance of 960.57 feet to an iron rod in the East line of said Village Trail; THENCE S 73' 18'07" W a distance of 154.3 feet to an iron rod and being the Northwest corner of Lot 1157, VILLAGE WEST, Section "B", to the City of Trophy Club, Denton County, Texas according to the amended part recorded on Page 172 of Cabinet C in the Denton County PIat Records; THENCE N 64*09' W a distance of 50.0 feet to an iron rod at the Southeast corner of Lot 11690, said VILLAGE WEST, Section "B": THENCE N 14' 05' W a distance of 161.0 feet to an iron rod: THENCE N 30' 36' W a distance of 122.0 feet to an iron rod at the Northeast corner of Lot 1164, said VILLAGE WEST, Section "B" and being in the South right-of-way line of Durango Drive (a 50.0 foot right- of-way); THENCE N 34' 21' W a distance of 50.0 feet to an iron rod an being in the North right-of-way line of said Durango Drive and being on a curve having a radius of 2799.95 feet whose center bears N 34' 21' W a distance of 27999.95 feet; THENCE Southwesterlv along said curve and along the North right-of-way line of said Durango Drive and through a central angle of 06' 29'00", an arc length of 316.83, a chord bearing of S 58' 53'30" W, and a chord distance of 316.66 feet to an iron rod: THENCE S 62'08' W along the North right-of-way line of said Durango Drive a distance of 103.0 feet to an iron rod at the beginning of a curve to the right having a radius of 418.36 feet whose center bears N 27' 52' W a distance of 418.32 feet; THENCE Southwesterly along said curve and along the North right-of-way line of said Durango Drive an through a central angle of 0 ' 13'13", an arc length of 30.82 feet, a chord baring of S 64' 14'37" W, and a chord distance of 30.81 fcct to an iron rod at the Southeast corner of Lot 1197, said VILLAGE WEST. Section "B": 93300071.LNH THENCE N 25°01113" W a distance of 120.0 feet to an iron rod at the Northeast corner of Lot 1188, said Lot 1196, said VILLAGE WEST, Section "B"; THENCE S 67°59' W a distance of 77.0 feet to an iron rod at the Northwest corner of Lot 1196, said VILLAGE WEST, Section "B"; THENCE West a distance of 625.0 feet to an iron rod at the Northwest corner of Lot 1188, said VILLAGE WEST, Section "B"; THENCE South a distance of 115.0 feet to an iron rod at the Southwest corner of said Lot 1188, said VILLAGE WEST, Section "B" and being in the North right-of-way line of said Durango Drive; THENCE S 13'07'14" W a distance of 50-99 feet to an iron rod at the Northwest comer of Lot 1142, said VILLAGE WEST, Section 'B" and being in the South line of said Durango Drive; THENCE South a distance of 115.0 feet to an iron rod at the Southwest corner of said Lot 1142, said VILLAGE WEST, Section "B" an being a\in the North line of Lot 1137, said VILLAGE WEST, Section "B'; THENCE West a distance of 7.0 feet to an iron rod at the Northwest corner of said Lot 1137, said VILLAGE WEST, Section "B"; THENCE S 89052'39" W a distance of 80.06 feet to a point for corner; THENCE N 00° 03'16" E a distance of 1,120 feet to the south right-of-way of Howe Road and a Highway Monument; THENCE S 89°49'27" E along the South line of said Howe Road a distance of 80.06 feet to place of beginning, containing 198.01 acres, more or less. 33300071.LNH