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ORD 1996-07BTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 6 - 0 7 $ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 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 DESCRIBED AS A 144.945 ACRE TRACT KNOWN AS THE LAKES OF TROPHY CLUB AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF PD PLANNED DEVELOPMENT FOR SINGLE FAMILY RESIDENTIAL USES TO PD PLANNED DEVELOPMENT NO. 15 FOR SINGLE FAMILY RESIDENTIAL USES; 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 THE PD PLANNED DEVELOPMENT ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of land (the "Land"), described as a 144.945 acre tract of land known as The Lakes of Trophy Club and as described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 94-09 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came on before the Planning and Zoning Commission and Town Council; and WHEREAS, the Town Council had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of -1- DOC H: 408462 vehicular and stationary lights and effect of such lights on the established character of the neighborhood, the fire hazards and other dangers possibly present and the securing of safety from the same, lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of widthh for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council had an opportunity to further consider 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 does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; 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 hearings 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 amendments 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 hearing, 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 premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a 144.945 acre tract described in Exhibit A attached hereto and 'incorporated herein, heretofore zoned PD Planned Development for single family residential uses is hereby changed to PD Planned Development District for single family residential uses, in accordance with the requirements of this Ordinance (including Exhibits B (PD Site Plan), C (Development Standards), D (Phasing Map), E (Map showing lot count by village/subdivision, F (Various elevations - entryway, screening wall, and ornamental iron fencing), G (Concept Plan), H (Landscape Concept Plan), and I (Development Schedule), each -2- DOC OC N: 408462 of which Exhibits is incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A planned development site plan for the Land or any part thereof which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be submitted by the Owner of the Land as required by and in accordance with the Comprehensive Zoning Ordinance and shall be filed as a part of this Ordinance (Exhibit B) and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. Section 4. Zoning map. The Planning and Zoning Administrator is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Development conditions. In carrying out the development of the Land in accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be conditions precedent to the granting of any certificate of occupancy. Section 6. Restrictive covenants. In connection with the development of the Land, the Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants running with the Land (which covenants are attached hereto as Exhibit J) in a form to be approved by the Town and to which the Town may be made a party for certain purposes. Section 7. Applicable regulations. In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. Section 8. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 9. Sam. This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 10. 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 hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 11. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause -3- DOC 9: 408462 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 Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions skull remain in full force and effect. Section 12. Effective date. 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 18th day of dune , 1996. ,r,_Town of Trophy' Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Att ey, Town of Trophy Club, Texas -4- DOC #: 408462 EXHIBIT A La es FIRST AMERICAN TITLE INSURANCE COMPANY 96R02096 Exhibit A GF -Number 96R02096 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 tract as conveyed from Johnson-Loggins, Inc. to Gibraltar Savings Association by deed recorded on Page 16 of Volume 837 in the Denton County Deed Records, and a portion of a 476.488 acre tract as recorded on Page 530 0£ Volume 512 in the Denton County Deed Records and being more particularly described as follows: BEGINNING at a set 5/8 inch iron rod and being in the South line of COUNTRY ACRES ESTATES, an addition to the City of Roanoke, Denton County, Texas according to plat recorded on Page 256 of Cabinet B in the Denton County Plat Records and being S 89 degrees 49 minutes 11 seconds E a distance of 1382.6 feet, N 11 degrees 42 minutes E a distance of 11.9 feet, and S 89 degrees 54 minutes 38 seconds E a distance of 269.69 feet from a Highway Department monument at the Northeast corner of a 76.4 acre tract as conveyed from Mrs. Maude Howe to H. M. Howe by deed recorded on Page 2 of Volume 345 in the Denton County Deed Records; THENCE S 89 degrees 54 minutes 27 seconds E a distance of 987.17 feet to an iron rod; THENCE N 1 degree 20 minutes 41 seconds E a distance of 891.23 feet to an old iron rod; THENCE S 89 degrees 56 minutes 47 seconds 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 degrees 30 minutes 00 seconds, an arc length of 740.67 feet, a chord bearing of S 24 degrees 15 minutes 02 seconds W, and a chord distance of 718.76 feet to an iron rod and being on a curve to the left having a radius of 875.0 feet whose center bears S 41 degrees 30 minutes E a distance of 875.0 feet; THENCE Southeasterly along said curve and through a central angle of 38 degrees 29 minutes 59 seconds, an arc length of 587.96 feet, a chord bearing of S 29 degrees 14 minutes 58 seconds W, and a chord distance of 576.96 feet to an iron rod; THENCE S 10 degrees 00 minutes W a distance of 225.0 feet to an iron rod at the beginning of a curve to the right having a radius of 1325.0 feet whose center bears N 80 degrees 00 minutes W a distance of 1325.0 feet; THENCE Southwesterly along said curve and through a central angle of 28 degrees FIRST AMERICAN TITLE INSURANCE COMPANY 96RO2096 Exhibit A (Continued) GF -Number 96RO2096 15 minutes 00 seconds, an arc length of 653.3 feet, a chord bearing of S 24 degrees 07 minutes 30 seconds 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 degrees 45 minutes E a distance of 834.7 feet; THENCE Southwesterly, along said curve and through a central angle of 11 degrees 18 minutes 03 seconds, an arc length of 164.63 feet, a chord bearing of S 32 degrees 35 minutes 58 seconds W, and a chord distance of 164.37 feet to an iron rod at the Northeast corner of a 11.2 acre tract as recorded on Page 200 of Volume 1898 in the Denton County Deed Records; THENCE N 80 degrees 02 minutes W a distance of 797.09 feet to an iron rod at the Northwest corner of said 11.2 acre tract; THENCE S 9 degrees 58 minutes 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-way); THENCE N 70 degrees 53 minutes W along the North right-of-way line of said Village Trail a distance of 91.98 feet to 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 degrees 16 minutes 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 degrees 14 minutes 00 seconds, an arc length of 263.95 feet, a chord bearing of N 76 degrees 30 minutes 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 7 degrees 09 minutes 08 seconds 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 1 degree 40 minutes 47 seconds, an arc length of 43.9 feet, a chord bearing of N 82 degrees 00 minutes 29 seconds W, and a chord distance of 43.9 feet to a capped 5/8 inch iron rod at the Southeast corner of Lot 1, Block 1, TRINITY LEARNING CENTER ADDITION, to the City of Trophy Club Denton County, Texas according to plat recorded on Page 229 of Cabinet I in the Denton County Plat Records; THENCE N 12 degrees 26 minutes 19 seconds E a distance of 209.89 feet to a capped 5/8 inch iron rod at the Northeast corner of said TRINITY LEARNING CENTER ADDITION; THENCE N 76 degrees 18 minutes 21 seconds W a distance of 214.97 feet to a capped 5/8 inch iron rod at the Northwest corner of said TRINITY LEARNING CENTER ADDITION; THENCE N 12 degrees 29 minutes E a distance of 637.66 feet to an iron rod; THENCE N 82 degrees 58 minutes W a distance of 121.6 feet; FIRST AMERICAN TITLE INSURANCE COMPANY 96802096 Exhibit A (Continued) CF -Number 96RO2096 THENCE N 72 degrees 27 minutes W a distance of 200.0 feet; THENCE N 63 degrees 23 minutes 30 seconds W a distance of 250.0 feet; THENCE N 68 degrees 21 minutes W a distance of 100.0 feet; THENCE N 76 degrees 57 minutes W a distance of 100.0 feet; THENCE S 83 degrees 34 minutes W a distance of 109.72 feet to an iron rod; THENCE N 10 degrees 57 minutes W a distance of 64.0 feet to an iron rod at the beginning of a curve to the left having a radius of 665.0 feet whose center bears S 78 degrees 45 minutes 05 seconds W a distance of 665.0 feet; THENCE Northwesterly along said curve and through a central angle of 19 degrees 03 minutes 11 seconds, an arc length of 221.14 feet, a chord bearing of N 20 degrees 46 minutes 30 seconds W, and a chord distance of 220.12 feet to an iron rod; THENCE N 30 degrees 36 minutes W a distance of 284.02 feet to an iron rod; THENCE N 57 degrees 18 minutes 50 seconds E a distance of 62.85 feet to an iron rod at the beginning of a curve to the right having a radius of 395.0 feet whose center bears S 32 degrees 41 minutes 10 seconds E a distance of 395.0 feet; THENCE Northeasterly along said curve and through a central angle of 27 degrees 39 minutes 42 seconds, an arc length of 190.7 feet, a chord bearing of N 71 degrees 08 minutes 41 seconds E, and a chord distance of 188.85 feet to an iron rod; THENCE N 5 degrees 01 minute 28 seconds W a distance of 60.0 feet to an iron rod; THENCE N 0 degrees 04 minutes 26 seconds E a distance of 426.8 feet to place of beginning, containing 144.945 acres or 6,313,780 square feet of land. EXHIBIT B TROPHY CLUB Trinity. Lea to LIMA PECKHAM-YOUG. : I , k: t A ji �udffl� Im'r, hus 1'511-25Y7 VS -IN --dir TO 0 ,,z(gcQ:-3Clark ommmmom EXHIBIT C DEVELOPMENT STANDARDS THE LAKES AT TROPHY CLUB, TEXAS The development of the Land described in Exhibit A consisting of approximately 144.945 acres of land shall be in accordance with the PD Site Plan of the development (Exhibit B), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. GENERAL PURPOSE: The purpose of this Planned Development is to allow single family detached dwellings grouped into five residential villages, each village having different product lines and lifestyles that along with allowed incidental and accessory uses, blend into a cohesive and compatible neighborhood for the Town of Trophy Club. The Lakes of Trophy Club is a master -planned residential neighborhood which blends the existing site amenities with a unique site design to create a lasting and quality lifestyle environment. The existing lakes, topography and site lines are integrated into a unified residential development which focuses around central amenity areas, The purpose for these Development Standards is to establish a unified framework for development which provides the following: A Consistent Identity. All design elements are planned and coordinated to provide a visually consistent and superior project. Quality Living Environment. The continuous maintenance of the common areas and enforcement of the guidelines will provide a safe, healthy, and visually unique neighborhood. B. USES GENERALLY: In this Planned Development District 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 principle uses: (a) Single Family Detached Dwellings. (b) Private or Public Roadways constructed to Town standards. (c) Private Common Areas owned by an authorized Homeowner's Association. (d) Public or Private Utilities, EXHIBIT C TO ORDINANCE NO. 9 6- 0 7 B Page 1 of 9 DOC #; 408462 (e) Public Parks. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in Section 35 of Ordinance No. 94-09, as amended. 3. Conditional Uses: Conditional uses shall be permitted in accordance with the regulations provided in Section 42 of Ordinance No. 94-09, as amended. 4. Limitation Of Uses: (a) All applicable ordinances of the Town of Trophy Club shall govern any uses allowed unless otherwise expressed herein. (b) Any use not expressly permitted, or allowed by permit, or as provided for herein, is prohibited. C. BUILDING PERMIT REQ MEMENTS: No application for a building permit for the construction of any building shall be approved unless 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. D. HEIGHT REGULATIONS: Except as provided by Section 36 of Ordinance No. 94-09, as amended, no building or structure shall exceed thirty --five feet (35') nor shall it exceed two (2) stories in height. E. AREA REGULATIONS: The following minimum standards for each village shall be measured from property lines: 1. Village 1 - Meadow Lakes (a) Lot Size: Lots for any permitted single family use shall have a minimum area of five thousand eight hundred fifty (5,850) square feet. (b) Minimum Open Space: All areas not devoted to buildings or paving shall be devoted to turf or landscaping. (c) Maximum Building Coverage: The combined area covered by all principal and accessory buildings or structures shall not exceed sixty (60%p) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. (d) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: EXHIBIT C TO ORDINANCE NO. 9 6- 0 7 H Page 2 of 9 DOC #: 409462 (i) One Story Residence: 1,800 sq. ft. (ii) Two Story Residence: 2,500 sq. ft. With Ground Floor: 1,600 sq. ft. (e) Depth Of Front Yard: 10 feet minimum. (f) Depth Of Rear Yard: 10 feet minimum. (g) Width Of Side Yard: 1 foot minimum on one side, 9 feet minimum on the opposite with a 10 feet minimum between structures. (h) Width Of Side Yard Adjacent To Side Street: 15 feet minimum. (i) Width Of Lot: 65 feet minimum., (measured at the front building line). (j) Width of Corner Lot: 75 feet minimum (measured at the front building line). (k) Depth Of Lot: 90 feet minimum. (1) Garages: Garage doors shall be a minimum of twenty (20) feet from the front property line. All garages may face the street. 2. Village 2 - Meadow Ridge Except as set forth below, lots in Village 2 - Meadow Ridge shall comply with the area regulations of the R-12 Single Family District Regulations of Ordinance No. 94-09, as amended. (a) Lot Size: Lots for any permitted single family use shall have a minimum area of 12,000 square feet. (b) Width of Side Yard: A minimum of 10 % of the lot width, provided that the distance between buildings and structures on contiguous lots remains a minimum of 17 feet. The width of the side yard on one side may be reduced to not Iess than five (5) feet. (c) Width of Side Yard Adjacent To Side Street: 15 feet minimum, (d) Width of Lot: 85 feet minimum (measured at front building line) . (e) Width of Corner Lots: 95 feet minimum (measured at front building line), (#) Depth of Lot: 130 feet minimum. EXHIBIT C TO ORDINANCE NO. 9 6- 0 7 B Page 3 of 9 DOC #: 408462 (g) Garages: Only one bay of a three car garage may face the front street if the face of said garage is located a minimum of forty-five (45) feet from the front building line. All two car garages will face to the side or rear of the Lot. 3. Village 3 - Creekside Except as set forth below, lots in Village 3 - Creekside shall comply with the area regulations of the R-10 Single Family District Regulations of Ordinance No. 94-09, as amended. (a) Lot Size: 10,000 square foot minimum. (b) Width Of Side Yard: a minimum of 10% of the lot width, provided that the distance between buildings and structures on contiguous lots remains a minimum of 16 feet. The width of the side yard on one side may be reduced to no less than 5 feet. (c) Width Of Side Yard Adjacent to Side Street: 15 feet minimum. (d) Width Of Lot: 80 feet minimum (measured at front building line). (e) Width of Corner Lots: 90 feet minimum (measured at front building line) . (1) Depth of Lot: 1.25 feet minimum. 4. Village 4 and 5 - Park View and Lakeview (a) Lot Size: Lots for any permitted single family use shall have a minimum area of nine thousand (9,000) square feet. (b) Minimum Open Space: All areas not devoted to buildings or paving shall be devoted to turf or landscaping. (c) Maximum Building Coverage: The combined area covered by all principal and accessory buildings or structures shall not exceed forty (40%) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. (d) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: (i) One Story Residence: 1,800 sq. ft. (ii) Two story Residence: 1.800 sq. ft. With Ground Floor: 1,200 sq. ft. EXHIBIT C TO ORDINANCE NO. 9 5- 0 7 s DOC €l: 48462 Page 4 of 9 (iii) Residence on Corner Lot: 2,000 sq. ft. (e) Depth of Front Yard: 25 feet minimum. (f) Depth of Rear Yard: 20 feet minimum. (g) Width of Side Yard: a minimum of 10% of the width of the lot, provided that the distance between buildings and structures on contiguous lots remains a minimum of 14 feet. The width of the side yard on one side may be reduced to not less than 5 feet. (h) Width of Side Yard Adjacent To Side Street: 15 feet minimum. (i) Width of Lot: 75 feet minimum (measured at front building line). a) Width of Corner Lot; 80 feet minimum (measured at front building line). (k) Depth Of Lot: 120 feet minimum. (1) Garages: No lots in the Park View and Lakeview Villages shall be allowed to have a garage facing a street. F. GARAGES. 1. All garage doors facing a street shall be recessed a minimum of eighteen (18) inches from the face of the structure. 2. There shall be a minimum of two (2) garages constructed with each principal structure. G. CONSTRUCTION REGULATIONS. 1. The exterior surface of all residential dwellings shall be constructed of glass, drivet (or like applications approved by the Town of Trophy Club), stone, brick or other materials. The exterior wall area of each residence located within the Lakes shall have not less than eighty percent (80%) masonry coverage. Thirty (30) year warranty, composition roofing is the minimum standard of quality roofing material to be used in the Lakes. 2. No above ground -level swimming pools shall be installed on any Lot. 3. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work, all EXHIBIT C TO ORDINANCE NO. 96-07B DOC #: 409462 Page 5 of 9 interior walls, ceilings, and doors shall be covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the term "commencement of construction shall be deemed to mean the date on which the foundation forms are set. 4. No projections of any type shall be placed or permitted to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks. All chimney stacks will be enclosed one hundred percent (100%) with brick or masonry of a type and color that is compatible with the principal finish materials of the exterior walls of the main structure. H. FENCES/WALLS. 1. Side or Rear Yard Fencing. Fencing placed in the Lakes will 'be a maximum of six (6) feet high and constructed of cedar, ornamental iron, or masonry extending from the main structure to the rear of the Lot. No fence on any Lot shall extend nearer the street than ten (10) feet behind the front of the residence thereon. Notwithstanding the above, any portion of a fence constructed along the rear of a Lot, adjoining a water amenity in Village 1 - Meadow Lakes, as indicated in Exhibit H (Landscape Concept Plan), shall be four (4) feet in height and constructed of ornamental iron only. 2. Perimeter Fence. The Perimeter Fences defined in (a), (b), (c), (d), (e) and (f) below and shown on Exhibit H shall be installed as each phase is platted and developed as indicated on the development schedule in Exhibit I. (a) Trophy Club Drive. All fencing along Trophy Club Drive with the exception of the area fronting the lake shall be six (6) feet in height and shall be of masonry construction. The fencing along the lake shall be six (6) feet in height and shall be constructed of ornamental iron with masonry columns a minimum of every thirty (30) feet and at the corners. (b) Screening fence between Village 4 - Park View and Roanoke. - All fencing separating the Lots in the Park View Village and Roanoke shall be eight (8) feet in height and constructed of cedar with masonry columns every 20 feet. (c) Fencing around Village 2 - Meadow Ridge. All fencing surrounding the Meadow Ridge Village, with the exception of the screening wall along Trophy Club Drive, shall be six (6) feet in height and shall be constructed of cedar with masonry columns at the lot corners. (d) Fencing around Village 1 - Meadow Lakes. All fencing around the Meadow Lakes Village, with the exception of the screening wall along Trophy Club Drive, shall be six (6) feet in height and shall be constructed EXHIBIT C TO ORDINANCE NO. 96-07B DOC M: 408462 Page 6 of 9 of cedar with masonry columns at the lot corners. The section of fencing across the street from Trophy Lake shall be Masonry construction with ornamental iron sections providing view corridors to the lake system. (e) Electronic Access Gates. Electronic access gates shall be double entried (ingress and egress). Construction shall be metal with a maximum height of nine feet (9'). Access for home owners will be by card access; visitors by electronic call box; exiting by pressure sensitive strips in the pavement or electronic sensors. Emergency personnel and law enforcement personnel will be by access card or in case of access failure, emergency pull box. Electronic guard gates will only be located on private streets. (f) Fencing Detail (Examples). Attached as Exhibit F is a detailed drawing showing typical elevations of entryway treatments, masonry wall and ornamental fence sections. Although this Exhibit is only a representation of the quality and general look of the screening walls and entryway treatments, all fencing within the Lakes will be of equal or higher quality. Each Village will have it's own unique, professionally designed entryway treatment that will establish the identity and set the tone for that specific community. Detailed drawings of all fencing and entryway treatments will be submitted for approval with the final plat. I. COMMON AREAS: 1. All common areas and landscaped areas, as identified on Exhibit H shall be constructed and landscaped by the Developer. 2. Common Area and landscaping improvements shall be constructed in accordance with landscape plans that will be submitted to the Town of Trophy Club for their approval at the time of final plat. 3. Common Areas shall be owned and maintained by the Homeowners Association. 4. The hiking trails shall be constructed of crushed granite or other similar material. 5. The Homeowners Association of the Lakes of Trophy Club shall maintain all trails, landscaping, entryway features, irrigation, lighting, screening, and perimeter fencing in all areas except the area designated as the Town Park and the median of Trophy Club Drive. J. LANDSCAPING: Landscaping of each Lot shall be completed prior to issuance of a certificate of occupancy for that Lot. Minimum requirements for the front yard of each Lot shall include grass or other ground cover and at least three (3) trees a minimum size of three inch (Y) caliper. EXHIBIT C TO ORDINANCE NO. 96-07B DOC #: 409462 Page 7 of 9 K. UTILITIES: All utilities shall be underground. Electric and cable television lines shall be installed in the rear yard of every Lot where feasible. Any electric or cable television utility boxes located in the front of a lot shall be screened with landscaping. Only gas, water, sewer and storm sewer utilities will be permitted in the front right of way of any Lot. L. TRASH RECEPTACLES AND COLLECTION: Each Lot Owner shall make or cause to be made appropriate arrangements with the Town of Trophy Club, Texas, for collection and removal of garbage and trash on a regular basis. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the Town of Trophy Club, Texas, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers approved by the Town of Trophy Club, Texas, and which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his Lot only on those days designated by the Town of Trophy Club, Texas, as trash collection days. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. M. TEMPORARY STRUCTURES AND VEHICLES: No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location. Developer may erect, place and maintain a temporary sales office or construction office in and upon the Property in compliance with the regulations of the Town of Trophy Club. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed, or parked within the garage of the appropriate Owner. N. SIGNS: Holiday or patriotic flags may be displayed by Developer and Owners. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with Sign Ordinance of the Town of Trophy Club, Texas. O. SIGNAGE PAVERS, and ENTRY TREATMENT: Each Village shall have one (1) or more specially designed entryway treatments located as shown on Exhibit F. Each entryway treatment will include permanent monument signage, wails and fences constructed of masonry, ornamental iron, and may include wood accents and treatment with irrigation, landscaping and ornamental external lighting. The specific design of each entry shall be submitted at the time of platting. Each Village will have a section of brick pavers in the roadway at each designated entrance as shown on Exhibit H. EXHIBIT C TO ORDINANCE NO. 9 6- 0 7 B Page 8 of 9 DOC N: 409462 P. PRIVATE STREETS: The Lakes of Trophy Club may have the following gated villages: 1. Village 2 - Meadow Ridge: The Meadow Ridge Village as shown on Exhibit E, shall have a gated entry and private streets. All the streets and electronic access gates will be maintained solely by the Lakes of Trophy Club Homeowners Association. EXHIBIT C TO ORDINANCE NO. 96-07B DOC #: 408462 Page 9 of 9 EXHIBIT D TROPHY CLUB z"! a ; , Laknvlaw ` Eiamontary ' \ School i PECBHAId-YOHHC INC, Haws • 6r.>•'t�m dufuµ6fc�lttu EIM^ • s l i, ` I 6119 fitt4al Pn9nn• Suite 60, Imt. fun IM-I9}I IJ1-- 216.929.1112 • Iv 211-923.1211 • On 214421-ONDj %� f��4 L �J �? • `� 4�� � �--S J� �6��Imo.Y a fQ P �C EXHIBIT E (; t, � eYa,/"l•d/ TROPHY CLUB 85 LOIS Min_ Lot Size: 70'x 120' Avg. Lot Aiea: 9, 900 s. f. " ' ] 7 �cc�e z r•�ccl 35 Lots = Min. Lot Size: 701)( 120' 7, Avg. Lot Area: 9, Boos.f. PECNHRht-YOU1fG n�:am•trt►leu•iulu�taS�4tu p� 8145 fre�osA Pailnss • Sade EE(I • IrrR2, Fuas 1:0992597 D O 214-9294443 • lu 211.929.1241 • mdr 2v 21m9 � � C) EXHIBIT F REF. 1r N'1 ENTRY IE a/s^-IL, EXHIBIT G 6",/ cr, / 71?e /- alf ej O/V TROPHY CLUB Trfnity Learning'C..t all PECKHAM-YOU11G, VILN41 ED* III c2aSU3 13, N1 1211 11! Ell rM, ED, dozg@�NCIark EXHIBIT H 1 .i TROPHY CLUB j To Landscape Concept Plan j D' Cedar Fence with Masonry Colnnins 20 o c. - O 4. Lakeview t _y Elementary r BChaal T \ r 17rinilying,+ . i v Learn yV1 C 1 PECRHh61 YOI1H6 INC �\ iSlS ir: _r Pail r rt E? Ir -,.1 l:ral l- 3-2•�i � S I �� I�Clark tlly??c33 !� i1. .2 F171 .IStI-.7i:iE0 ��. v `.1 Exhibit I Development Schedule 1. Subdivision and Thoroughfare Improvements a. The construction of the first phase of subdivision and thoroughfare improvements as indicated on Exhibit D, including one half of Trophy Club Drive as it abuts the first phase, shall commence no later than two (2) years from the date of adoption of this Ordinance. b. The construction of the second phase of subdivision improvements as indicated on Exhibit D will commence within five (S) years from the date construction commences on the first phase of development. C. Parkview Drive shall be extended to the North to provide access to the Town Park site in conjunction with the development of the first phase. 2. Amenity Improvements a. The construction of the new lakes and improvements to the existing lake shall be built in conjunction with the development of the first phase as indicated on Exhibit D. b. All screening walls and ornamental fencing along Trophy Club Drive and Durango as indicated on Exhibit H will be constructed with the first phase of development. The screening fence between the Park View Village and Roanoke and the separation fencing between the Meadow Lakes, Meadow Ridge and Park View Villages as indicated on Exhibit H shall be built in conjunction with the second phase. C. All entryway treatments including signage, landscaping, brick pavers, electronic access gates, screening walls and ornamental fencing associated with the entryway as indicated on Exhibit H shall be constructed with the first phase of development. d. The hiking trail around the lakes and water features, the trail between the Lakeview and Creekside Villages, as well as the section of trail that connects to Town Park as indicated on Exhibit H shall be constructed with the first phase of development. e. All of the landscaping and irrigation to be built in Trophy Club Drive and around the lake system and water features as indicated on Exhibit H shall be installed with the first phase of development. f. All of the remaining trail system and interior landscape features associated with phase two as indicated on Exhibit H shall be installed at the time the second phase is developed, EXHIBIT I TO ORDINANCE NO. 9 6- 0 7 B Page I of 1 DOC #: 408462