Loading...
ORD 1995-20 PD-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO.. Q t _ 9 n 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 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF CG -COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE SERVICE STATION) AND COMMERCIAL OFFICE 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 #13 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 Iand (the "Land"), described as a 9.947 acre tract of land located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114 within the Town of Trophy Club, Texas (the "Town") as more particularly 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 -1- DOC #: 315892 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 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 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 width 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 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 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, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; and WHEREAS, after due deliberations and consideration of the recommendation of the PIanning 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 -2- DOC 9: 315892 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 9.947 acre tract of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned CG -Commercial General District is hereby changed to PD Planned Development District for retail (commercial and gasoline service station uses) and commercial office uses, in accordance with the requirements of this Ordinance (including Exhibits "B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual Landscape Plan and other conceptual drawings, "F" (Approved PIant List), "H" (Preliminary Grading/Sight Line Study), "I" (Conceptual East and South EIevations), "T" (showing Ripon -A light fixtures), and "K" (Austin stone masonry wall design), each 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 Win. 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 and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. By way of example only, Exhibit "G" (Potential Alternate Site Plan) represents a potential final site configuration and building design which maintains the design elements reflected in the PD Site Plan attached as Exhibit "B." Section 4. Zoning mail. 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 S. 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 "D") 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. -3- DOC #: 3159912 Section 9. Savings. 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 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 shall 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 21st day of November , 1995. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town of Tllophy Club, Texas -4- DOC N: 315892 LEGAL DESCWPTION The following described tract or parcel of land situated in the C Madlin Survey, Abstract No. 823, Denton County, Texas and being a porton of a 127.140 acre tract of land as conveyed to Nelson Bunker Hunt by deed recorded on Page 426 of Volume 571 in the Denton County Deed Records and being a portion of a 10 0 acre tract of land as conveyed to Independent American Development Corporation by deed recorded on Page 191 of Volume 2441 in the Denton County Deed Records and being more parlicularly described as follows - BEGINNING at an old 112 inch iron rod in the Northerly right-of-way fine of State Highway No 114 (a 100 0 foot right-of-way) and being the Southeast comer of Tract "C", TROPHY CLUB. Section Eight, an Addition to Denton County, Texas according to plat recorded on Page 12 of Volume 15 in the Denton County Plat Records; THENCE N 21 `13' 07" E along the East line of said TROPHY CLUB, Section Eight a distance of 269.79 feet to an old 112 inch iron rod and being in the South line of TROPHY CLUB, Section Five, an Addition to Denton County, Texas according to the revised plat recorded on Page 10 of Volume 13 in the Denton County Plat Records; THENCE S 68=53'20" E along the South line of said TROPHY CLUB, Section Five a distance of .613.47 feet to an old 112 inch iron rod; THENCE N 63 14'32" E along the South line of said TROPHY CLUB, Section Five a distance of 735 37 feel to an old 112 inch iron rod, THENCE N 51=10' E along the South line of said TROPHY CLUB, Section Five a distance of 43.2 feet to an old 518 inch iron rod; THENCE S 17'10'35" E a distance of 234.77 feet to an old 518 inch iron rod and being in the Westerly right-of-way tine of Trophy Club Drive (a variable width right-of-way) as recorded on Page 882 of Volume 738 in the Denton County Deed Records and being on a curve having a radius of 640.46 feet whose center bears S 17`07'36" E a distance of 640 46 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive a distance of 73.78 feet to a concrete Texas Department of Transportation monument at The beginning of a curve to the left having a radius of 75 0 feel whose center bears N 7001'38" W a distance of 75.0 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive and through a central angle of 91=09'19", an arc length of 119.32 feet, a chord bearing of S 65"33'01" W, and a chord distance of 107.13 feet to a concrete Texas Department of Transportation monument and being in the Northerly right-of-way line of said State Highway No 114; THENCE N 69 03'52" W along the Northerly right-of-way line of said State Highway No. 114 a distance of 956 9 feet to place of beginning, containing 9 9470 acres or 433,293 square feet of land, more or less EXHIBIT "Ar' i EXHIBIT "C„ DEVELOPMENT STANDARDS THE VILLAGE AT TROPHY CLUB TEXAS The development of the Land described in Exhibit "A" consisting of approximately 9.947 acres of Iand shall be in accordance with the PD Site Plan of the development (attached hereto as 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. Pu ose• development standards uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3 and 4 as shown on Exhibit 'B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1(Retail uses, as depicted in Exhibit "B" ): The following standards shall apply to Tract 1: - (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shaII be installed, erected or converted to any use other than the following: (1) Permitted uses: (A) Boob stores (N) Specialty household furnishings and (B) Stationery, card and party fixtures stores (0) Boutiques (C) Specialty gift stores (P) Antique shops (D) Computer and electronic sales (Q) Neighborhood hardware stores and service stores (R) Small household appliance stores (E) Specialty neighborhood (S) Bicycle shops (non -motorized) (F) services and shops Barber, nail and beauty shops (T) (U) Wearing apparel and shoe shops Art supply store (G) Art gallery (V) Electric goods and fixtures (H) Confectionery shops (W) Sporting goods stores (I) Ice cream shops (X) Fabric and knitting shops (J) Drug stores, apothecary and (Y) Music/video store (no video arcade (K) pharmacy Jewelry and watch store machines allowed, no adult video sales or rentals allowed) (L) Florist (Z) All permitted uses in Tracts 3 and 4 (M) Arts, crafts and hobby stores EXHIBIT C TO ORDINANCE NO._a5=2_0 DOC #: 315892 Page 1 of 12 (2) Accessory lases: Accessory uses shall be permitted in accordance with the regulations set forth in Section 35 of the Comprehensive Zoning Ordinance. Outdoor pay phones shall not be permitted. (3) Conditional uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Comprehensive Zoning Ordinance. (4) Limitation of uses: Any use not expressly permitted herein or allowed by permit is prohibited. (c) Area and building relations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 25 % of the total area of Tract 1. (Il) Maximum floor area number of buildings: The maximum combined square footage of all main and accessory buildings shall be 40,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 1. No building shall contain more than 20,000 square feet. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 1. (iv) Minimum Men space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear ard. feet*: There shall be a rear yard having a depth of not less than forty (40) feet, (vii) Width of side yard on each side, feet*: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) Heig : No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 2 of 12 AOC #: 315892 respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 2. Tract 2(Retail/commercial use with gasoline, islands: The following standards shall apply to Tract 2: (a) Size of tract: Tract 2 shall contain approximately 1.8 acres of land. (b) Permitted uses: In the development of Tract 2, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Convenience store with gasoline sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed) (c) Area and building regulations: (2) All uses permitted in Tracts 1, 3 and 4 {i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15 % of the total area of Tract 2. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 2. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 2. {iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. EXHIBIT C TO ORDINANCE NO, 9 5 — 2 0 Page 3 of 12 DOC N; 3t5892 (vi) Depth of rear yard feet*: There shall be a rear yard having a depth of not Iess than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). 'All yards shall comply with Section 37, "Required Yards, " of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 3. Tract 3 Transition from office and commercial to retail): The following standards shall apply to Tract 3: (a) Size of tract: Tract 3 shall contain approximately 1.5 acres of land. (b) Permitted uses: In the development of Tract 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Restaurants with no drive- through or drive-in (2) Restaurants with alcoholic beverage sales (subject to required Town approvals) (3) Office supply (c) Area and building re lations: (4) Photographic service and studio (5) Specialty gourmet food stores (6) Bakery shop (7) Dry cleaners (pick-up and delivery only) (8) All uses permitted in Tract 4 {i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15% of the total area of Tract 3. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 3. EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 4 of 12 DOC #: 315892 (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 3. (iv) Minimum Men s ace: All areas (but in any event at least 20 % of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front „yard. feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) of side yard shall bedd on eachside, feet: A minimum of a fifteen (15) foot side n each side of Tract 3. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van ' accessible spaces, shall be provided according to Town standards. 4. Tract 4 (Tracts 4A, 4B if Exhibit G is used) (Office/commercial uses): The following standards shall apply to Tract 4: (a) Size of tract: Tract 4 shall contain approximately 2.8 acres of land. (b) Permitted uses: In the development of Tract 4, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 5 of 12 DOC M 315892 (1) Administrative, executive editorial office (2) Accounting office (3) Architectural, engineering, planning office (4) Attorney's office (5) Physician or dentist (6) Municipal administration and public service buildings (7) Insurance office (8) Personal or family counselor (9) Public secretary (10) Bank, savings and loan (11) Mortgage company (12) Interior design and supply services (c) Area and buildine regulations: (13) Specialty neighborhood services (14) Title company (15) Health and athletic services (16) Weight reduction services (17) Medical, dental, chiropractic, optometry, etc. (18) Real estate office (19) Art studio (20) Dance studio (21) Duplication and mailing service (22) Printing, publishing and engraving (23) Educational services (24) Private health clubs (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 35 % of the total area of Tract 4. (ii) Maximum floor area number of buildings: The maximum combined square footage of all main and accessory buildings shall be 44,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 4. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 4. (iv) Minimum o en space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 4. EXHIBIT C TO ORDINANCE NO. 9 5 - z o Page 6 of 12 DOC N: 315892 (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parkina, Ioadina regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional development standards applicable to this Planned Development District: I . Concept plan. An overall concept plan showing all internal streets, drainage, utilities, and exact divisions between land uses shall be submitted simultaneously with the submission of the first comprehensive site plan for any Tract in this Planned Development District. 2. Buffered Area. (a) All principal buildings and structures shall be set back a minimum of forty (40) feet from the common property line of any adjoining property used or zoned residential. (b) A thirty (30) foot continuous landscape buffer shall be provided along all single family residential property lines as indicated on Exhibit "B" attached hereto (PD Site Plan) and Exhibit "E" (Landscape Concept Plan). The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from the mandatory plant list (attached hereto as Exhibit "F" and incorporated herein). The thirty (30) foot continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the owners of the Land. Landscaping and irrigation along the entire landscape buffer shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. (c) Prior to the issuance of any building permit for the Land, a continuous eight (8) foot "Woodcrete" fence (see Exhibit "K") shall be provided along the adjacent single family residential property lines and shall be constructed completely on the Land. Eight (8) foot Austin Stone columns shall be constructed at all property corners of each adjacent single family residential lot. The height of the fence shall be measured from the existing grade. The Owner of the Land, at its sole EXHIBIT C TO ORDINANCE NO. 9.5 -- 2 0 Page 7 of 12 DDC #: 315992 expense, shall remove all rear wood fencing (constructed on the adjacent single- family residential lots) and shall construct wooden fence connections between existing residential fences and the "Woodcrete" screening fence. Connections shall be of like construction to existing fences. The fence contractor shall design specific per lot fence grades per the existing conditions which will not hinder or impede current utility or drainage conditions. The fence construction shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. 3. Landscaping. Landscaping shall be in accordance with Section 46, "Landscaping ReguIations," of the Comprehensive Zoning Ordinance and with the following: (a) Berming shall be utilized along street frontages, when possible, to screen parking from public view. (b) All landscaped areas shall be irrigated. (c) Landscaping shall be maintained by the Owners of the Land. Any dead plant material shall be removed and replaced in a timely manner. (d) All plant materials must be selected from the mandatory plant list attached hereto as Exhibit "F. " The Landscape Concept Plan (Exhibit "E") has been included with this Ordinance to generally illustrate the intent and location of landscaping tree massing. Trees shall be 3 112"- 4 112" minimum caliper, as the case may be, at the time of installation. Trees located in the 3C foot landscape easement adjacent to the single family property shall be Iocated so as to provide a full screen at the time of maturity. These trees shall be evergreen. Detailed landscape plans, sealed by a registered landscape architect, shall be provided on each tract at the time of Final Site Plan submittal. 4. Deceleration and left turn lanes. The Owner of the Land has voluntarily agreed to and shall provide left-hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit "B" (Site Plan). A deceleration lane will be provided along Trophy Club Drive as shown on Exhibit 'B" (Site PIan). Construction of the deceleration and left-hand turn lanes shall be constructed at the same time as the reconstruction of Trophy Club Drive by the Town. 5. Hours of operation of uses. Hours of operation for the uses set forth herein shall be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls shall be allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 8 of 12 DOC Y: 315892 6. Accesso[y uses. Accessory uses shall be permitted in accordance with the regulations set forth in Section 35, "Accessory Buildings," of the Comprehensive Zoning Ordinance. 7. Conditional uses. No conditional uses shall be permitted. 8. Limitation of uses. Any use not expressly provided for in this Ordinance or otherwise allowed by law is prohibited. 9. Building materials. All main and accessory buildings shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the Town's Building Code and Fire Code. All buildings and structures shall be constructed of natural stone with a metal type roof. All windows and doors shall be of wood construction. Typical elevations are provided with this Ordinance (see Exhibit "I" to illustrate the conceptual architectural style and detail. (a) Vertical walls of each building exclusive of doors and windows shall be of one hundred percent (100%) masonry. All vertical walls visible from the street shall be an Austin Stone or similar material. Split concrete block or similar material may be used on rear exteriors not visible from the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof of any building shall be galvalum construction and shall be allowed to weather to a natural color, and shall be of a uniform color. No application of a colored paint shall be allowed. All roofs shall be properly maintained by the building owner. 10. Development schedule. The Land shall be developed in accordance with the following schedule submitted by the Owner/Developer; January 1, 1996 to December 31, 1997 Bank Site Convenience Site with Gasoline Sales Office Building January 1, 1997 to December 31, 1998 Second Office Building Retail Building EXHIBIT C TO ORDINANCE NO. 9 5- 2 0 DOC N: 315892 14,000 - 22,00 square feet 14,000 square feet 16,000 to 20,000 square feet Page 9 of 12 January 1, 1998 to December 31, 1999 Complete remaining office and retail development Every six (6) months following the approval of this Ordinance, the Building Inspector shall report to the Planning and Zoning Commission and the Town Council the actual development accomplished as compared with the development schedule submitted by the Owner/Developer of the Land. If, in the opinion of the Planning and Zoning Commission or the Town Council, the Owner/Developer has failed to meet the approved development schedule, the PIanning and Zoning Commission or the Town Council may initiate proceedings to amend all or part of the zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the recommendation of the Planning and Zoning Commission, after all hearings have been held as required by law, the Town Council may amend all or part of the zoning of the Land and/or amend the provisions of this Ordinance to extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions then existing. 11. Landscaped islands/parking. Per the landscape ordinance of the Town of Trophy CIub, a landscaped island shall be provided for every 12 parking spaces. 12. Additional parking standards. Parking shall be provided in accordance with the ratios identified on the plan. Shared parking is allowed and can be used in calculations to provide minimum total spaces for overall site. 13. Handicapped parking. Handicapped/accessible parking, including van accessible spaces shall be provided per Town standards. 14. Parking lot lighting. All parking lot lighting shall be located approximately as shown on the PD Site Plan (Exhibit B). Poles shall be a maximum of 20 feet in height. Pole lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to building face or in ground fixtures and oriented to wash building with light. Specific light standards shall be included on final site plan requests and included in final landscape plans and signage plans. 15. Screening fence. The screening fence shown on the PD Site Plan (attached hereto as Exhibit "B") shall be of woodcrete construction with a wood panel design (see detail attached hereto as Exhibit "K") and a minimum of 8 feet in height. This height shall be measured from existing grade. Fence shall be constructed completely on the commercial property in accordance with Town standards. Developer shall construct wooden fence connections between existing residential fences and proposed woodcrete fence. Connections shall be of like construction to existing fences. Fence contractor shall design specific, per lot fence grades per existing conditions and will not hinder or impede current utility or drainage conditions. 16. Signs. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the final site plan for the Land, shall have been approved EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 14 of 12 DOC #: 315992 by the Town Council. Upon approval of the sign plan, the plan shall become a part of this ordinance as if copied herein in its entirety. The signs reflected on the sign plan shall conform to applicable ordinances of the Town and with the following: a. Main Sign - Monument type located within landscaped area at front corner of site. To be a maximum of four (4) feet in height, fifteen (15) feet in length and sixty (50) square feet in total area. b. Site Identification Signage - Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length, and forty (40) square feet in total area. No product advertising shall be allowed. C. Building Signage - Placard type signage shall be permitted on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. d. Directional Signage - all directional, safety and handicapped signage shall be of a character so as to complement the project and be of wooden construction. e. All signage shall be externally lighted only. No neon or similar type lighting is permitted. f. No signage of any type shall be displayed in window areas of any building. No banner or temporary sign shall be allowed on the exterior of any building. g. No pole -type identification signs shall be allowed. h. All signage shall be located so as to avoid traffic obstructions and outside of any sight easements. 17. Fire lanes. Fire lanes are as shown on plan. Location and detail shall be provided at the time of Final Site Plan approval and shall be approved by the fire department. 18. Final siteplan: Any Final Site Plan request shall include, among other things: (a) The detailed site plan per Town standards; (b) The final architectural elevations and materials; (c) The final landscape and irrigation plans; and (d) An updated PD concept plan which illustrates any site planning changes modified by the proposed Final Site Plan. Upon approval, the said Site Plan shall become a part of this Ordinance. EXHIBIT C TO O"INANCE NO, 9 5 - 2 0 Page 11 of 12 DOC #: 315992 19. Outdoor storage. No outdoor storage, except for refuse disposal shall be permitted on the land. All dumpsters are prohibited at the rear of any buildings. Dumpsters are to be enclosed on all sides with Masonry walls and gates of similar architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy CIub standards. 20. Mechanical and electrical equipment. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimum noise impact on surrounding property. All such equipment shall be screened from public view. 21. Lighting. Lighting shall be designed to reflect down or away from any adjacent residential area: (a) Pole Lamps shall be a maximum of twenty (20) feet in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight (S) feet or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the verde green color. An overall site lighting plan shall accompany the final site plan meeting all the requirements of this Ordinance and all other applicable ordinances of the Town. The site lighting plan shall subject to review and approval by the Town Council. 22. Minor site Planning modifications. It is understood that the approval of this plan does not deny the opportunity to make minor site planning modifications as it relates to building and lot layout and configuration. The Town shall continue to maintain the intent of this plan in all subsequent approval processes. EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 12 of 12 DOC #: 315892 DECLARATION G7I COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS To Be Finalized Prior• To Final Plat Approval) Page I DRAFT Exhibit "D" TABLE OF CONTENTS ARTICLE I. Appointment DEVELOPMENT STANDARDS A. GENERAL PURPOSE. B. USES C. BUILDING PERMIT REQUIREMENTS D. HEIGHT REGULATIONS E. AREA REGULATIONS F. SCREENINGS +FIE' RING REGULATIONS G. LANDSCAPING REQUIREMENTS H. OFF STREET LOADING I. HOURS OF OPERATION J. OFF-SITE PUBLIC IMPROVEMENTS K. DESIGN REQUIRE, ME NTS L. PROJECT GRADES/ELEVATIONS ARTICLE II ARCHITECTURAL CONTROL 2.01 Appointment 2.02 Successors 2.03 Authority 2.04 Procedure For Approval 2.05 Standards 2.06 Liability of Committee ARTICLE HI GENERAL PROVISIONS 3.01 Recorded Plat 3.02 Mortgage 3.03 Term 3.04 Severability 3.05 Binding Effect 3.06 Enforcement 3.07 Definition of Owner 3.08 Addresses EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PD SITE PLAN EXHIBIT E: LANDSCAPING CONCEPT PLAN EXHIBIT F: APPROVED PLANT LIST EXHIBIT G: POTENTIAL ALTERNATE SITE PLAN EXHIBIT H: PROPOSED ELEVATIONS I SITE LINES EXHIBIT I: CONCEPT ELEVATIONS Page 2 DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS T.HE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS THAT Oakmont Enterprises, Inc., a Texas corporation (the "Declarant") is the owner of approximately 9.947 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 of Records of Denton County (the "County"), Texas. Declarant hereby declares that all of the property described above shall be Feld, 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. ARTICLE I DEVELOPMENT STANDARDS A. GENERAL PURPOSE. 1. Project Development: The purpose of this Non -Residential Planned Development is to allow retail, commercial and office development and services. This project shall provide uses complementary to the needs of the area, designed to harmonize with the residential character of the Town and planned within a landscaped environment that helps to create a `Visual entry" into Trophy Club. The ultimate development will also make a considerable contribution to the tat base of the Town. 2. Project Approvals: The PD Development has been requested to provide the provisions, allowances and specific design criteria needed to create a uniquely planned and designed commercial development. The project goal is to both provide an atmosphere of the highest possible quality for the Town of Trophy Club Page 3 DRA E+r and to maintain a successful environment for the owners and operators of the proposed Development. This combination of quality and success is the purpose of the proposed Development and will assist in maintaining the highest standards of living for the residents of Trophy Club both now and in the fuhue. Within this framework, the ultimate development plan may vary as the final property configurations and building designs are determined. The purpose of the attached Exhibit B: PD Site Plan, subsequent to its approval by the Town Council, will be to provide a framework and system of checks and balances to guide the ultimate development of the project. The process for Final Site Plan with the required Revised PD Site PIan or Plans, (see Paragraph C below) is intended to allow the Town the consideration of approvals of individual components of the Development, as they occur, to insure that they shall meet the spirit and intent of the original Exhibit B: PD Site Plan and the PD Ordinance and their conditions and Provisions. As an example, the attached Exhibit G: Potential Alternate Site Plan illustrates an example of a potential final site configuration and building design which maintains the design elements established in Exhibit B: PD Site Plan. Unless specifically addressed to the contrary herein, all applicable ordinances and standards of the Town of Trophy Club shall apply. In the case of a conflict, the PD Ordinance shall govern. 3. General Definition of Terms Herein. As used herein the following terms shall have these meanings: (a) Development: The entire 9.947 land area of the project. (b) Developer: The then cuiTent owner of the Development and/or the Tract being referred to. (c) Tract: The portion or portions of the Development which have been platted or are being proposed to be platted into smaller parcels of the whole Development under preliminary or final plats which are subject to all of the provisions and regulations of this PD Ordinance. (d) PD Ordinance: The entire final Non -Residential Planned Development Ordinance of which this Exhibit is a part which has been approved by the Town Council and filed of record in Denton County, Texas. B. USES: The land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. Page d DRAFT B.1. Permitted Principal Uses by Tracts. B.L(a) Tract 4: Office/Commercial Shall permit the following principal uses: 1. Administrative, Executive, Editorial Off -ice 2. Accounting Office 3. Architectural, Engineering, Planning Office 4. Attonney's Office 5. Physician or Dentist 6. Municipal Administration and Public Service Buildings 7. Insurance Office 8. Personal or Family Counselor 9. Public Secretary 10. Bank, Savings and Loan 11. Mortgage Company 12. Interior Design and Supply Services 13. Specialty Neighborhood Services 14. Title Company 15. Health and Athletic Services 16. Weight Reduction Services 17. Medical, Dental, Chiropractic, Optometry, etc. 18. Real Estate Office 19. Art Studio 20, Dance Studio 21. Duplication and Mailing Service 22. Printing, Publishing and Engraving 23. Educational Services 24. Private Health Clubs Tract 3: Transition from Office & Commercial to Retail Shall permit all of the Tract 4 uses plus the following: 1. Restaurants- no drive-thru or drive-in 4. Photographic Service and Studio 2. Restaurants with Alcoholic Beverage 5. Specialty Gourmet Food Stores Sales (subject to required Town 6. Bakery Shop approvals) 7. Dry Cleaners (Pick up and Delivery 3. Office Supply only) B.I(c) Tract 1: Retail/Commercial Shall permit all of the uses of Tracts 3 & 4 plus the following: 1. Book Stores 2. Stationery, Card and Party Stores 3. Specialty Gift Stores 4. Computer and Electronic Sales and Service Stores 5. Specialty Neighborhood Services Shops 6. Barber, Nail and Beauty Shops 7. Art Gallery 8. Confectionery Shops 9. Ice Cream Shops 10. Drug Stores, Apothecary and Page 5 DRAFT Phannacy 11. Jewelry and Watch Store 12. Florist 13. Arts, Crafts and Hobby Stores 14. Specialty Household Furnishings and Fixtures 15. Boutiques 16. Antique Shops 17. Neighborhood Hardware Stores 18. Small Household Appliance Store 19. Bicycle Shops (non -motorized) 20. Wearing Apparel and Shoe Shops 21. Art Supply Store 25, MusicNideo Store (no video arcade 22. Electric Goods and Fixtures machines allowed, no adult video 23. Sporting Good Stores sales or rentals allowed) 24. Fabric and Knitting Shops B.1(d) Tract 2: Retail/Commercial Shall permit all of the uses of Tract 3, Tract 4 and Tract 1, plus the following: L Convenience Store with Gasoline Sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed). B.2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in the Section 35 of the Zoning Ordinance of the Town of Trophy Club. Outdoor pay phones shall not be permitted anywhere on the Development. 8.3. Conditional Uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Zoning Ordinance of the Town of Trophy Club. B.4. Limitation of Uses: Unless described in Section B. herein and/or as deter ined by the Town at the time of building permitting, no additional uses shall be allowed. C. BUIILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of a building shall be approved unless: 1. A Final Plat on all or a portion of the Tract on which the building is to be built, meeting all requirements of the PD Ordinance, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. A Final Site Plan on the platted portion of the Tract on which the building is to be built, meeting all the requirements of the PD District, has been approved by the Town Council; 3. A revised PD Site Plan, if so required by the Town sta, meeting the spirit and intent of Exhibit B: PD Site Plan and this PD Ordinance, has been approved by the Town Council as a part of the Final Site PIan (as defined above in C.1.); 4. A detailed Landscape Plan accompanying the Final Site Plan, as prepared by a registered landscape architect, and meeting all requirements of the PD Ordinance, has been approved by the Town Council; 5. An overall Signage Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town. Council; Page G DRAFT 6. An overall Site Lighting Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town. Council. 7. The Architectural Review Committee shall have reviewed the building and landscape plans, which are required by the covenants and restrictions associated with this project. No construction is allowed without the written approval of the Architectural Control Committee. D. HEIGHT REGULATIONS: No building shall exceed thirty-five (3 5) feet or one (1) story in total height. E. AREA REGULATIONS: The following standards shall be required: 1. Minimum Open Space: At least twenty percent (20%) of the total. Tract area shall be devoted to non -vehicular open space. (Non -vehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 2. Maximum Building Coverage: The combined area covered by all main and accessory buildings and structures shall not exceed forty percent (40%) of the total Tract area. 3. Maximum Building Square Footage: The building square footage for all or a part of Tracts 1-4 shall not exceed the following: Tract 1: Tract i shall be restricted to a minimums of two (2) buildings. No building shall be larger than 20,000 square feet. Tract 2: Tract 2 shall be restricted to a minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 3: Tract 3 shall be restricted to minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 4: Tract 4 shall be restricted to minimum of two (2) buildings. No building shall be larger than 22,000 square feet. 4. Off Street Parldng. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped/Accessible parking, including van accessible spaces, shall be provided according to Town standards. The im 'mum number of parking spaces for each Tract shall be 1. space for every 300 square feet of building area on the Tract. 5. Tract Subdivisions. The Tracts 1-4 as defined herein ' in this PD Ordinance and shown on the attached Exhibit B: PD Site Plan may be subdivided, combined, and/or slightly varied on their adjoining property lines through the Final Plat approval process. However, all such subdivided or varied Tracts shall Page 7 DRAFT colrform. to the regulations herein defined for the Tracts from which they were originally a part and carry out the original spirit and intent of the PD Ordinance. Note: Buildings identified on Exhibit B: PD Site Plan attached hereto are a schematic repi•eselltatioll, arnd jnntal building connfngntratiorns nnay vary, brut shall ill all respects con forrnz to the regulations defined herein, and be subject to Pinnal Site Plan approvals as defined herein. 6. Maximum Impervious Area: The combined area occupied by all buildings, structures, off street parking and paved areas shall not exceed eighty percent (80%) of the total Tract area. 7. Depth of Front Yard, 30 ft. minimum from the property line. 8. Depth of Rear Yard, 40 ft. minimum from the property line. 9. Width of Side Yard on each side, 15 ft. minimum from the property line. F. SCREENINGIBUFFElRING REGULATIONS: 1. All principal buildings and structures shall be set back a minimum of forty feet (40') from any common residential property line. 2. A thirty foot (30') continuous landscape buffer shall be provided along the single family property line as indicated on Exhibit B: PD Site Plan and Exhibit E - Landscape Concept Plan. The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from Exhibit F: Approved Plant List . The thirty foot (30') continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be tine responsibility of the commercial owners. The landscaping and irrigation installation along the entire landscape buffer shall commence in the first phase of any development of the Development and be completed prior to any issuance of certificate of occupancy. 3. A continuous eight foot (8') "Wooderete" fence shall be provided along the single family property lines and said fence shall be constructed completely on the commercial property and with. adjacent owners permission as per the Town of Trophy Club Fence Ordinance. Eight foot (8') Austin Stone columns will be constructed at all property corners of single family lots. The fence height shall be measured from the existing grade. The Developer at its sole expense shall remove all rear wood fencing and construct wooden fence connections between. existiing residential fences and the "Wooderete" screening fence. Cornnnections shall be of Eke construction to existing fences. Fence contractor shall design specific per lot fence grades per existing conditions and will not binder or impede current utility or Page 8 DRAFT drainage conditions. The fence construction shall commence in the first please of any development of the Development and completed in its entirety prior to the issuance of any certificate of occupancy. G. LANDSCAPING REQUIREMENTS. 1. Landscaping shall be required in Accordance with Section 46, Landscaping Regulations of the Town of Trophy Club Zoning Ordinance. 2. Benning and landscaping shall be utilized along street frontages, when Possible, to screen parking from public view. 3. All landscaped areas shall be irrigated. 4. Landscaping shall be maintained by the property owners. Any dead plant materials will be replaced in a timely manner. 5. All plant materials must be selected fiorn the Approved Plant List. (See Exhibit F) H. Or, F STREET LOADING. Off street loading shall be provided as required by Section 48, Off -Street Loading requirements of the Town of Trophy Club Zoning Ordinance. Loading docks shall not be permitted. 1. HOURS OF OPERATION. Hours of operation for the uses set forth shall be no longer than from 6:00 A.M. to 1.1:00 P.M. Deliveries and service calls are allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including, but not limited to, truck lot, pedestrian walkway, tent or other sales, J. OFF-SITE PUBLIC IMPROVEMENTS:. The Developer shall provide left hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit B: PD Site Plan. A deceleration lame shall be provided along Trophy Club Drive as shown on Exhibit B: PD Site Plan. Construction of the deceleration and left turn lanes shall be constructed at the time of reconstruction of Trophy Club Drive by the Town. K. DESIGN RE, QUIREMENTS. 1. No outdoor storage, except for refiise disposal shall be permitted. All dumpsters are prohibited at the rear of any buildings. Dampsters are to be enclosed on all sides with masonry walls and gates of similar architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. Page 9 DRAFT 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding Property. All such equipment shall be screened from public view. 3. Lighting shall be designed to provide security and safety for the Development and shall be oriented down or away from any adjacent residential. area. (a) Pole Lamps shall be a maximum of twenty feet (20') in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight feet (8') or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the Verde green color. 4. Building Materials: Concept Elevations have been prepared and attached herein as Exhibit 1. Such elevations are schematic representations and final building elevations and designs may vary, but shall in all respects conform to the regulations defined herein, and be subject to Final Site Plan approvals as defined herein. (a) Vertical walls of each. building exclusive of doors and windows shall be one hundred percent (100%) masonry. All vertical walls visible from the street shall be a Austin Stone or similar material. Split concrete block or similar material can be used on rear exteriors not visible from the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof shall. be standing seam -metal construction and shall be allowed to weather to a natural color. No application of colored paint shall be allowed. All roofs will be maintained in a quality manner by the building owner. 5. Signage: (a) Main Sign - Monument sign located within the landscaped area at the font corner of the site. To be a maximum. of four (4) feet in height, Page 10 DRAFT fifteen (15) feet in length and sixty (60) square feet in total area. The Purpose of this sign is to identify the overall development name and Delp introduce the Town of Trophy Club. (b) Site Identification Signage - Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length and forty (40) square feet in total area. No product advertising allowed. (c) Building Signage - Placard signage shall. be allowed on the building face and entry doors to identify specific users; signage sball be designed in conjunction with the building architecture. (d) All signage to be externally lighted only. (e) No signage shall be allowed to be displayed in window areas of the buildings. No banner or temporary signage shall be allowed on the exterior of the buildings. (f) No `dole type" identifications signs shall be allowed. 6. Dumpsters: All dumpsters shall be provided at the sides or fronts of building structures. Dumpsters shall be screened from public view in a manner that is architecturally compatible with the character of the Development, when possible, landscaping shall be used in conjunction with any enclosures to provide additional screening of the dumpster. L. PROJECT GRADESIELEVATIONS: The final grades and elevations for the Development will be determined at the time of platting and be prepared by a qualified registered professional engineer. These final grades will closely reflect those elevations and sight lines illustrated on the attached Exhibit H: Proposed Elevation Site Lines, ARTICLE II ARCMTECTURAL CONTROL 2.01 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. Page 11 DRAFT 2.02 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. 2.03 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 approved 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 as specified in this Declaration; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping as specified in this Declaration, and; (c) the other standards set forth within this Declaration 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 one or more owners or the general value of lots in the Addition and, pursuant thereto, the Committee shall require the submission of plans and specifications therefore prior to the commencement, or during the process, of such construction or landscaping. In considering the hannony of external design between existing structures and the proposed building being erected, pieced 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. 2.04 Procedure for Approval. Preliminary an 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 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. Page 12 DRA.Fr 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. Tiie 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. 2.05 Standards. The Committee may fiom 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. 2.06 Liability 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 Iaw, whether the same relate to lot lines, building lines, easements or any other issue. ARTICLE ICC GENERAL PROVISIONS 3.01 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the Plat are incorporated herein and shall be constructed 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. 3.02 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 foreclosive, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Page 13 DRAFT 3.03 Term. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a tern of thirty-five (35) years after this Declaration id recorded. They shall be automatically extended for successive periods of ten (10) years unless amended as provided herein or as allowed by applicable'law. 3.04 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 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. 3.05 Binding 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 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. 3.06 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 light 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. 3.07 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, but not including those having an interest merely as security for the performance of an obligation. Page 14 DRAFT 3.08 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 coinmittee 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. EXECUTED this day of 199 By: By: Page 15 DRA,t+ r dg:�. m U LLJ z Lull LL co EE W fl. LU W q IN IH fit' fi � `'� "'' ` •'- � J j E � ii iF�F if ij 3r .,�s ;,:s �ii! rr �F•`�' � •' j � ; r.• �=rzkr 'sib ",t, -� :� ;a :t[s �,i I wi rl� di q izLL v d l:1 4 LJ LuC \ T a C € al m Elf I I lu CY) jLL 0 0 C%j LLJ M � 0 X:(D LU LIJ (L X CLi CL CL W ~u C0.0 CID' 2 w X Q W E EX BIT F APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 ° - 4 " Sweetguin 3 1/2 " - 4 „ Southern Red Oak 4 " - 4 1/2 " Bur Oak 31/2"- 4" Water Oak 3 1/211- 411 Slrurrrard Oak 4 " - 4 1/2 " Live Oak 4"- 41/2" Bald Cypress 3 1./2 " - 4 " Cedar Elm 4 " - 4 1/2 " Loblolly Pine 3 1/2 " - 411 Elderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/211- 411 Small Accent Trees Minimum Size White Redbud 7' Height Oklaboma T Heiglrt Deciduous Yaupon T Heiglrt Yaupon Holly T Height Crapemyrtle 7' Height Flowering Crabapple T Height Bradford Pear T Height Texas Mountain Laurel T Height Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT APPROVED PLANT LISW (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kurume Hybrid 1 Gallon Glendale Hydrid l Gallon Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon Thorny Elaeagnus 3 Gallon Burford Holly 2 Gallon Dwarf Burford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon Dwarf Yaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nandina 'Purpure 2 Gallon Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or ' Springtllne' Dwarf 'Enclrantrees' or 'Ballerina' Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Juniper 1 Gallon Bar Harbor Juniper l Gallon Wilton Juniper 1 Gallon. Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon. Virginia Creeper I Gallon Boston Ivy l Gallon Lady Banks Rose 2 Gallon Chinese Wisteria S Gallon. I I L 1 J J V J 1 4 Ji.U1 EXHIBIT "O" — POTENTIAL ALTERNATE SITE PLAN ria- 09 TRACT 2 waam 0 0 TRACT 4B OFFICES PROFESSIONAL OFFICES TRACT" 4A OFFICES PROFESSIONAL OFFICE; BANKS TRACT 3 OFFICES PROFESSIONAL OFFICES BANKS RESTAURANTS TROPHY CLUB DRIVE 33NI m m ai co al '91VIS n/ LL» 1¢y ZN z LU u m W fes-' J Ln LU m ai ZUi QU n/ LL» 1¢y ZN z u LUW a J 2m LL x�nnnc n Z O W J W CO Q W J Q E-- W U z O U o W.� I .Z 0 W J W D 0 v� Q CL U 0 CU n A I A I N l l Kti1.:1'-A 145805-A A modern replica of a very popular fixture found on the Main streets of Many lawns across America, Our updated version is made of vandal resistant cast aluminurn and acrylic lenses in your choice Of texture. Will, refractors, reflectors and HID himping, you'll have the verybest of yesterday and today. The MS805-A scales 16"(1744' on diagonal)x36 Also available as MS805- B (not shown), The same fixture without the decorative "spikes" scales 15W'(17" on diaganal)x38", 01,1) TOWN A850 -SR A850 -SR Shown wills our distinctive, optional, solid roof fur added elegance and reduced side glare and up -light. Specify A850 for globe without solid roof. Scales a very impressive 1Grh"x30" in lough aluminum and glasslike poiycarlxinate (Lexan). Shown Iters in u Black finish, this fixlttrc is normally welded to die top of Our poles fur maximum safety, however, it can be supplied as a slip -fit unit for cunercle, wood poles, etc. See pages 45 and 51 for installation photos. RIPON -A 1130-A Our Verde Crecn finish is used on a rugged Ilxlllre will, classic design, tough polycartxut;Ile "glebe", vandal r"ist;utl cull alutniouin—11strucliun, reduced gLtre oplics and inlegral ballaM. The A model scales all 1n1ple 18"05" while [l,e R111ON-Il 01130-11 %])own uu rags: 36j has a r;tiled reel' section ;old scales I8"x40". Either of the fixtures are available for use oil concrete or wood poles. See page 13 fur iwaallalion pllulos. MV_ 100, 175 or 250 watts 175 or 250 watts HPS 100, 175 or 250 watts 70,100, 150 or 250 walk _ 70, 100 or 150 watts 70, 100 or 150 walls MH 100, 175 or 250 waits 100, 175 or 250 watts 70, 100 or 175 waits WHY YOU SHOULD SPECIFY STERNBERG ALUMINUM LIGHT POLES AND FIXTURES Aluminum naturally resists corrosion by forming aluminum oxide on any exposed surface. Aluminum oxide is sa tough that it is used in [lie manufacture of abrasives under the name carborunduni. Once aluminum oxide forms a coating, it is hard and inlpemteable. When cast iron rusts it deteriorates. Rust is water soluble, aluminum oxide is not, Cast rrPn requires a crane for installation. Slernbcig aluminurn posts come pre -pained, wrapped in paper shock pads, fully cartoned and can be handled without cranes in the storage yard, on the loading dock and on the job site, Cast iron must have the factory primer touched up after installation and then it must receive two coals of paint. In addition, it must he repainted every 2 or 3 years. Aluminum has a factory applied finish that typically lasts 5 Io 10 years or more. Slernberg heavy-duty posts are used extensively for bridges because they can withstand the high wind conditions, salty air, excessive moisture, extreme high/low temperature factors, car exhaust fumes and vibrations. Cast iron posts can rust from the inside out. No matter how many coats of paint the outside has, moisture can gel into the inside of the post and rust. Cast iron is a brilde material and poles made of this material must be quite thick. When hit by a truck a cast iron pole can break into heavy pieces that require a crane to remove. Most fixtures, even those on cast iron posts, are aluminum. Swrnberg fixtures are manufactured of the linesi quality alloys .carcrully chosen to withstand the punishment of weather and air pollution. Our lenses are molded acrylic or polycarbonate for increased vandal resistance. Sternberg has almost 70 years experience making decorative light poles and fixtures. You can trust our quality, 'Lexan is a registered trademark of die General Electric Company. 1. m ul X1. -4� 1. m ul AMENDMENTS TO ORDINANCE 95-20 PLANNED DEVELOPMENT 13 - THE VILLAGE Ordinance # Date Description 96-05 03/07/96 Lot 4/Bank 96-07A 06/18/96 Lot 5/Carpenter Bldg. 96-11 08/01/96 Lot 2/Service Station 97-11 04/15/97 Lot 1/Retail Commercial 97-16 08/05/97 "The Village" Dumpsters 97-23 10/21/97 Lot 2/Drive-thru Eatery