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ORD 2013-09TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-09 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON CERTAIN TRACTS OF LAND DESCRIBED AS A TOTAL OF 11.165 ACRES OF LAND LOCATED GENERALLY TO THE NORTHEAST OF INDIAN CREEK DRIVE, JUST SOUTH OF THE TROPHY CLUB COUNTRY CLUB GOLF COURSE, AND TO THE NORTH OF HARMONY PARK, ALSO KNOWN AS CANTERBURY HILLS II OUT OF THE M. MEDLIN SURVEY, ABSTRACT NO. 832; AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "LEGAL DESCRIPTION" (A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN) FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT NO. 32 TO BE KNOWN AS CANTERBURY HILLS II; 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 NO. 32 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING AND INCORPORATING EXHIBIT "B" ENTITLED "CONCEPT PLAN"; PROVIDING AND INCORPORATING EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS"; ESTABLISHING APPLICABILITY; INCLUDING ARCHITECTURAL AND SITE DESIGN STANDARDS; PROVIDING FOR THE INCORPORATION OF PREMESIS; PROVIDING FINDINGS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 CON1'INUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the owner of the tract of land (hereinafter referred to as "Land"), collectively described as an 11.165 acre tract of land currently zoned R-12 Single Family Residential, such land being more specifically described in Exhibit "A", a copy of which is attached hereto and incorporated herein, filed an application with the Town Planning & Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 32, Canterbury Hills II (hereinafter referred to as "PD-32"). Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z 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 before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those 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 Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance establishing PD Planned Development No. 32; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of 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 has determined that the proposed standards provide appropriate regulatory requirements to control future residential and non­ residential developments in accordance with the Town's Comprehensive Land Use Plan; and WHEREAS, the Town Council has determined that there is a necessity for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY 'rHE 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. FINDINGS 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 and amendment is consistent with the Comprehensive Land Use Plan and general zoning of the Town and in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING A CZO Amended Ordinance No. 2000-06 P&Z 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 rati'fied and affirmed: 1. Rezoning: The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from R-12 Single Family Residential to PD Planned Development District No. 32, consisting of approximately 11.165 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "A", "8", and "C", which are attached hereto and incorporated herein for all purposes, and shall apply to all 11.165 acres of PD Planned Development No. 32. a. Concept Plan: A concept plan for the Land, and all parts thereof, is attached hereto as Exhibit "8", "Concept Plan" and incorporated herein as if copied in its entirety. Such Concept Plan shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and compliance with each and every part of this Ordinance and such plan shall constitute a condition precedent to the issuance of any building permit for the Land within PD Planned Development District No. 32. b. Development Standards: The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, architectural and site design standards and development and design standards. Such Development Standards shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any building permit or Certificate of Occupancy for all structures within PD Planned Development No. 32. SECTION 4. 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 5. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club. Texas. are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning. platting. and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SEC1'ION 8. SEVERABILITY 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 Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. 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 or part of a day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code and Town Charter. SECTION 11. ENGROSSMENT &ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of March, 2013. C/d'nnie White, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: ~~~~-~~~ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas EXHIBIT A ZONING DESCRIPTION TRACT 2 -11.165 ACRES BEING A 11.165 ACRE TRACT OF LAND SITUATED IN THE J. MICHAEL SURVEY, ABSTRACT NO. 821, AND THE M. MEDLIN SURVEY, ABSTRACT NO. 832, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND CONVEYED AS TRACT IV (NEIGHBORHOOD II) TO BDMR DEVELOPMENT, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2007-82834, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 1 Ll65 ACRE TRACT, WITH REFERENCE BEARING BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213,2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387), SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP PID-DF8986) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE TROPHY CLUB SECTION 12 ADDITION, AN ADDITION TO THE TOWN OF TROPHY CLUB, AS RECORDED IN CABINET E, PAGE 97, PLAT RECORDS, DENTON COUNTY, TEXAS, AND THE COMMON NORTHEAST CORNER OF A 3,200 ACRE TRACT OF LAND CONVEYED AS TRACT I, TO THE TOWN OF TROPHY CLUB, BY DEED RECORDED IN VOLUME 2415, PAGE 27, DEED RECORDS, DENTON COUNTY, TEXAS, AND THE COMMON NORTHWEST CORNER OF A 10.000 ACRE TRACT OF LAND CONVEYED AS TRACT I TO THE TOWN OF TROPHY CLUB, BY DEED RECORDED IN VOLUME 2415, PAGE 21, DEED RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH RIGHT -OF-WAY LINE OF INDIAN CREEK DRIVE, A 60 FOOT RIGHT -OF-WAY, AS RECORDED IN CABINET E, PAGE 97, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT HA VJNG A RADIUS OF 1105,49 FEET, A CENTRAL ANGLE OF 06 DEGREES 34 MINUTES 50 SECONDS, A CHORD THAT BEARS NORTH 85 DEGREES 59 MINUTES 53 SECONDS WEST, WITH A CHORD DISTANCE OF 126.90 FEET; THENCE, ALONG THE NORTH LINE OF SAID 3.200 ACRE TRACT, AN ARC DISTANCE OF 126.97 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER, AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 730.00 FEET, A CENTRAL ANGLE OF 40 DEGREES 44 MINUTES 12 SECONDS, A CHORD THAT BEARS NORTH 60 DEGREES 31 MINUTES 11 SECONDS WEST, WITH A CHORD DISTANCE OF 508.16 FEET; THENCE, OVER AND ACROSS SAID TRACT IV, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 519.02 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 8 J DEGREES 15 MINUTES 02 SECONDS WEST, A DISTANCE OF 29.78 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 56 DEGREES 51 MINUTES 55 SECONDS WEST, A DISTANCE OF 8.74 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 33 DEGREES 08 MINUTES 05 SECONDS WEST, A DISTANCE OF 80.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 56 DEGREES 51 MINUTES 55 SECONDS EAST, A DISTANCE OF 5.52 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 12 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF 28.68 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 730.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 33 MINUTES 20 SECONDS, A CHORD THAT BEARS NORTH 25 DEGREES 56 MINUTES 48 SECONDS WEST, WITH A CHORD DISTANCE OF 121.61 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 121.75 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 68 DEGREES 49 MINUTES 52 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET, A CENTRAL ANGLE OF 17 DEGREES 45 MINUTES 16 SECONDS, A CHORD THAT BEARS NORTH 12 DEGREES 17 MINUTES 30 SECONDS WEST, WITH A CHORD DISTANCE OF 206.79 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 207.62 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 03 DEGREES 24 MINUTES 52 SECONDS WEST, A DISTANCE OF 221.92 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 14 MINUTES 33 SECONDS, A CHORD THAT BEARS NORTH 01 DEGREES 42 MINUTES 25 SECONDS EAST, WITH A CHORD DISTANCE OF 173.17 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 173.40 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 06 DEGREES 49 MINUTES 41 SECONDS EAST, A DISTANCE OF 50.53 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 58 MINUTES 40 SECONDS, A CHORD THAT BEARS NORTH 00 DEGREES 09 MINUTES 39 SECONDS WEST, WITH A CHORD DISTANCE OF 104.64 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 104.90 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 07 DEGREES 08 MINUTES 59 SECONDS WEST, A DISTANCE OF 105.91 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON A NORTHEAST LINE OF TRACT IV, AND A COMMON SOUTHWEST LINE OF LOT 1, BLOCK I OF TROPHY CLUB COUNTRY CLUB, AN ADDITION TO THE TOWN OF TROPHY CLUB, AS RECORDED IN CABINET X, PAGE 454, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 38 DEGREES 14 MINUTES 12 SECONDS EAST, A DISTANCE OF 121.55 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; SOUTH 33 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF 821.35 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR CORNER; SOUTH 45 DEGREES 42 MINUTES 37 SECONDS EAST, A DISTANCE OF 232.24 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED "NELSON" FOUND FOR A EXTERIOR ELL CORNER OF SAID TRACT 3, AND THE COMMON NORTHWEST CORNER OF THE AFORESAID TROPHY CLUB SECTION 12 ADDITION; THENCE, ALONG THE EAST LINE OF SAID TRACT IV, AND THE COMMON WEST LINE OF SAID TROPHY CLUB SECTION 12 ADDITION, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 56 MINUTES 51 SECONDS EAST, A DISTANCE OF 338.88 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER ON THE NORTH RIGHT-OF-WAY LINE OF AFORESAID INDIAN CREEK DRIVE; SOUTH 00 DEGREES 40 MINUTES 43 SECONDS WEST, OVER AND ACROSS SAID INDIAN CREEK DRIVE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. AND CONTAINING 11.165 ACRES OF LAND, MORE OR LESS. 0.509 ACRE RIGHT-Of-WAY DEDICATION C.C.# 2008-112587 R.P.R.D.C.T. TRACT 3 CLUBCORP GOLF OF TEXAS C.C., 2000-R0013148 D.R.D.C.T. 16 17 TRACT 1 SCALE: l' = 200' 1555 1557 1558 INDIAN CREEK DRIVE TRACT 1 10.000 AC3.200 ACRES TOWN OF TROPHY CLUB VOLUME 2415, PAGE 27 D.R.D.C.T TOWN OF TROPHY CLUB VOLUME 2415. PAGE 21 D.R.D.C.T. SHEET OF DATE: 02-01-13 CONCEPT PLAN TRACT 2 CANTERBURY HILLS OUT Of THE M. ..EDLIN SURVEY ABSTRACT NO. 832 AND THE J. MICHAEL SURVEY. ABSTRACT NO. 621 IN THE TOWN Of TROPHY CLUB DENTON COUNTY. TEXAS .JACOas~ 7950 ELMBROOK DRIVE DALLAS. TX 75247-4961 PHONE 214-636-0145 fAX 214-636-0447 SCALE: 1" = 200' DRAWN BY: B.M.Y. CHECKED BY: M.J.B. 1:\SLD\C3X438\C3X43871\700 CADD\713 Survey\713.6 Mapping\C3X43871ZN02.dwg EXHIBIT "C" PLANNED DEVELOPMENT NO. 32 DEVELOPMENT STANDARDS A. GENERAL PURPOSE: To allow single family detached dwellings on lots not less than twelve thousand (12,000) square feet for Canterbury Hills, Tract 2, together with allowed incidental and accessory uses, in order to provide a viable and compatible neighborhood for the Town of Trophy Club. The lots of Canterbury Hills, Tract 2 are a part of the Homeowners Association (HOA) for the existing private, gated, residential neighborhood of Hogan's Glen. Although a part of the HOA, the lots of Canterbury Hills, Tract 2, are not a part of the Planned Development for The Villas of Hogan's Glen (PD-17), The Estates of Hogan's Glen (PD-19), The Estates of Hogan's Glen, Phase II (PD-20), and Water's Edge at Hogan's Glen (PD-22). By this Ordinance, Canterbury Hills, Tract 2, is established as its own Planned Development with its own design standards as written herein. The purpose for the PD Ordinance is to establish a framework for development that will provide compatibility between the Canterbury Hills lots and the site characteristics of the existing Hogan's Glen lots. B. NON SPECIFIED REGULATIONS: Any regulations not specifically addressed herein shall be governed by the R-12 zoning district regulations of the Town of Trophy Club or all other ordinances amending or replacing the zoning laws and all other ordinances of the Town. C. USES: 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) Public and Private Roadways constructed to Town standards. (c) Public and Private Common Areas owned by an authorized Homeowner's Association. (d) Public and Private Utilities. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in the Accessory Uses section for residential Page 11 development of the Comprehensive Zoning Ordinance as may be amended thereof. 3. 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 by this district, is prohibited. D. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of any structure 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 Denton County, Texas. E. HEIGHT REGULATIONS: No building shall exceed two stories or 40-ft. in height. F. AREA REGULATIONS: LOTS: The following minimum standards shall be measured from property line: 1. Lot Size: Lots for any permitted single family use shall have a minimum area of twelve thousand (12,000) square feet. 2. Minimum Open Space: All areas not devoted to buildings, walkways, structures or driveways shall be devoted to sod, trees, gardens, shrubs or other suitable landscape material. 3. Maximum Building Coverage: The combined first floor area covered by all principal and accessory buildings or structures (includes such things as garages, porches, patios, porte cocheres) shall not exceed forty (40) percent 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 two thousand eight hundred (2,800) square feet. 5. Depth of Front Yard: Twenty-five (25) feet minimum. 6. Depth of Rear Yard: Twenty (20) feet minimum. 7. Width of Side Yard: Ten (10) feet. Page 12 8. Width of Side Yard Adjacent to Street: Twenty (20) feet minimum. 9. Width of Lot: Ninety (90) feet minimum (measured at front building line). 10. Width of Lot Adjacent to Side Street: 110 feet minimum (measured at front building line). 11. Depth of Lot: One hundred ten (110) feet minimum (measured from front property line). 12. Depth of Lot, Cul-De-Sac or Corner Lot: One hundred (100) feet minimum (measured from front property line). G. OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required 'front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of disrepair. H. GARAGES: Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. A two (2) car garage is required and may not face the street. Additional garages may face the street if the garage door sits back at least fifty (50) feet from the property line, which the garage door faces. Two (2) car garages shall have a minimum interior dimension of twenty­ one (21) feet side to side by twenty-two (22) feet front to back. Any garage structure, provided in addition to the required two (2) car garage, shall have a minimum interior dimension of 10 1/2' X 22' per vehicle space. No garage may be placed closer to the street than the building line of the adjacent lot, if the garage doors face the adjacent lot. Garage doors shall be architecturally enhanced with one of the following elements: • Constructed of wood panel face material with a painted or stained surface that complements the color of the principal structure • Clad in wood or made of a material that resembles a natural wood look • Multiple windows, obscure or clear • Wrought-iron accents such as hinges, locks, or handles I. ARCHITECTURAL REQUIREMENTS: All principal buildings and structures shall be constructed of at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimney surfaces shall also be of brick, stone or stucco. 1. All wall surfaces above garage doors shall be masonry to match the residence. Page 13 2. Roofing Material: Minimum forty (40) year warranty composition roofing is required. 3. An above ground level swimming pool shall not be allowed. 4. No projections of any type, visible from the street or golf course, shall be placed or permitted to remain above the roof of any residential building with the exception of chimneys and vent stacks. Vent stacks shall be painted to match the color of the roof. Turbine vents are prohibited. 5. Elevations: Single family house plans shall vary from lot-to-Iot as follows: (a) The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two same elevations located on an adjacent lot directly to the rear. (b) The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. J. DRIVEWAYS AND WALKWAYS: All driveways and walkways shall be constructed of seeded aggregate concrete, stamped and colored concrete, or pavestone acceptable to the Architectural Control Committee of the Homeowner's Association. Seeded Aggregate Concrete shall consist of a minimum four (4) inch thick section with the surface to be floated with seeding of rocks or 1/4" -3/8" in diameter to cover the entire plan surface (less any accent trim). Minimum concrete strength shall be of 2,500 psi with steel reinforcement of #3 rebar @ 24" o.c. and dummy jOints shall be installed every ten linear feet. K. FENCES: 1. Front Yard Fencing. Fencing will be allowed to extend from the front face of the building to the side property lines. All fencing shall be masonry, identical to the type of material used on the residence located on such lot, or ornamental iron. All gates shall be ornamental iron. Fencing shall not exceed 8' in height. 2. Side Yard Fencing. Fencing between Lots shall not exceed 8' feet in height and shall be wood or ornamental iron only. 3. Rear Yard Fencing. All rear yard fences shall be of wood or ornamental iron. Lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4') and a maximum of six feet (6') in height. 4. Corner Lot. No fence shall be installed closer to the street than the building line of the adjacent lot. Page 14 5. Retaining Walls. All retaining walls shall be constructed or veneered with brick or stone compatible to the residence. 6. AlC Condensing Unit. Shall not be visible from the street. Screening of alc unit shall be constructed of the same material as the residence. The minimum height shall totally obscure the alc unit. L. LANDSCAPING: Landscaping and Sprinkler System. Each Lot, on which a residential dwelling is constructed, shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards, side and rear yards. Each Lot shall be planted with a least twelve (12) caliper inches of trees; provided, however, any tree used to satisfy this requirement shall contain at least four (4) caliper inches measured 12" above ground. Preservation of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a healthy condition. M. UTILITIES: All utilities shall be underground. Page 15