18-53 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-53
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE, AND ORDINANCE NO. 06-73, BY REZONING
A TRACT OF LAND CONSISTING OF 22.7 ACRES, MORE OR LESS,
SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT 600, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED
DEVELOPMENT -25 (PD -25) TO PLANNED DEVELOPMENT -89 (PD -89);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that the Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has initiated a request, to rezone
22.7 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract 600, in the
Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findinas Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town's Zoning Ordinance, and Ordinance No. 06-73. The Town's
Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 06-73, are amended
as follows: The zoning designation of the below -described property containing 22.7 acres of
land, more or less, situated in the Larkin McCarty Survey, Abstract 600, in the Town of Prosper,
Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or
adjacent thereto is hereby rezoned as Planned Development -89 (PD -89). The property as a
whole and the boundaries for each zoning classification are more particularly described in
Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) the statement of intent and purpose, attached
hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3)
the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached
hereto as Exhibit "E"; and 5) the design guidelines, attached hereto as Exhibit "F", which are
incorporated herein for all purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200) of the District to be
amended.
SECTION 3
No Vested Interest/Reveal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty, Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Ordinance No. 18-53, Page 2
SECTION 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savinas/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASS IP%IMIPR VED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PRDS1
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10TH DAY OF JULY, 2018.
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Robyn Bat le, To\4ntecretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-53, Page 3
Grace
Academy
Planned Development -89
in the
TOWN OF PROSPER, TEXAS
JULY 2018
Ordinance No. 18-53, Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT `A'(22.7 ACRES)
Ordinance No. 18-53, Page 5
EXHIBIT "A"
TRACT `A'
LEGAL DESCRIPTION (22.671 acres)
BEING a 22.671 acre tract of land situated in the Larkin McCarty Survey Abstract No.
600, Town of Prosper, Collin County, Texas and being a port%on of the land
described in a deed to 310 Prosper, L.P. recorded in Volurne 5823, Page 3462 of the
Real Property Records Collin County, Texas and being more particularly described
as follows;
BEGINNING at a 1J2 inch iron rod found in the west line of Custer Road (FI II No.
2478) (a variable width right of way) and being the center of a rock tap/asphalt
read for First Street (CR 79);
THENCE along the west lino of said Custer Road (FM No. 2478) as follows-,
SOUTH 00002'35" EAST a distance of 30.94 feet to a TxDOT rig it of way monument
found for corner;
SOUTH 44"53`04" EAST a distance of 71.61 feet to a 5/8 inch iron rod set for corner;
SOUTH 00033'59" EAST a distance of 506.19 feetto a 5/8 inch iron rad set for
corner;
THENCE departing the went right of way line of said Custer Road (FIM No. 2478),
SOUTH 89059'49" WEST a distance of 1,633.36 feetto a 5/8 inch iron rod set in the
east line of a tract of land conveyed to Harland Properties, Inc, recorded in
cc#20110818000875530 of the Real Property Records of Collin County, Texas;
C HLNCE along the east line of said Harland Properties, Inc. tract, NOR7H 00'08'28"
FAST a distance of 587.85 feet to a 1/2 inch iron rod found in the north Fine of said
310 Prosper, L.P. tract of land
THENCE along the north line of said 310 Prosper, L.P. tract, NORTH 89°59'49'' EAST
a distance of 1,631.35 feet to the POINT OF BEGINNING;
CONTAINING 22.571 acres or 987,542 square feet of land more or less all according
to that survey prepared by A. J. Bedford Group, Inc.
Ordinance No. 18-53, Page 6
EXHIBIT "B"
STATEMENT OF INTENT AND PURPOSE
The purpose of this submittal is to split PD -25 and PD -39 into separate PD's and tracts with
respect to current property ownership and divide entitlements on a prorata basis amongst the new
PDs and tracts. The development standards for the new PD's and tracts match the development
standards of the original PD's. Design Guidelines are again included to ensure the provision of a
quality planned development over time. Examples of home styles consistent with the design
guidelines, including notation of typical required design features, are also included.
Ordinance No. 18-53, Page 7
EXHIBIT "C"
DEVELOPMENTSTANDARDS
1. Single -Family Residential Component
1.1. Definition: Single Family shall mean the use of a lot with one building designed for
and containing not more than one unit with facilities for living, sleeping, cooking, and
eating therein.
1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0
units/acre, or 67 single-family residential units, whichever is less, on 23.3 gross acres
of land within Tract `A' (as shown on the attached Exhibit `D'), within which are
allowed a maximum of 16 Type `C' units, as described herein. All remaining lots
shall be developed to Type `A' or Type `B' standards. The development standards
for such housing are outlined below or, if not specifically addressed herein, as set
forth in the SF -2 Zoning Classifications of Zoning Ordinance No. 05-20 and
Subdivision Ordinance 03-05 as they exist or may be amended.
1.3. Allowed Uses: Land uses allowed within this PD district are as follows:
• Accessory buildings incidental to the allowed use and constructed of the same
materials as the main structure.
• Churches / rectories
• Civic facilities
• Electronic security facilities, including gatehouses and control counter
• Fire stations and public safety facilities
• Gated communities with private streets, (developed to Town Standards)
• Public or Private Parks, playgrounds and neighborhood recreation facilities
including, but not limited to, swimming pools, clubhouse facilities and tennis
courts, to be stated on plat
• Residential uses as described herein
• Schools — public or private
• Golf Course for Country Club (including clubhouse, maintenance facilities,
on -course food and beverage structure, and on course restroom facilities.)
• Temporary real estate sales offices for each builder during the development
and marketing of the Planned Development which shall be removed no later
than 30 days following the final issuance of the last Certificate of Occupancy
(CO) on the last lot owned by that builder.
• Temporary buildings of the builders and uses incidental to construction work
on the premises, which shall be removed upon completion of such work.
• Utility distribution lines and facilities. Electric substations shall be allowed
by SUP.
1.4. Densitv: The maximum gross residential density for all land within the planned
development, not including land designated for mixed-use land uses or townhouses,
shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for
any single neighborhood shall be no greater than 5.0 du/ac.
Ordinance No. 18-53, Page 8
1.5. Reauired Parkiniz: A minimum of four (4) off-street concrete parking spaces shall be
provided for each residential unit, except townhouses where no off-street parking is
required. As part of the parking requirement, at least two (2) of the off-street parking
spaces shall be in an enclosed garage. The parking of recreational vehicles, sports
vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of
this Ordinance, "recreational vehicle" means any mobile unit (motorized or under
tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or
any use other than human transport and material transport typically associated with a
car, sport utility vehicle, or pick-up truck, and "sports vehicle" means a vehicle
designed for or modified for off-road or other recreational use, which is not a
standard car, sport utility vehicle or pick-up.
1.6. Exterior Facade Building Materials: (see Exhibit `F')
1.7. Area and building requirements: Lot area and building requirements are as follows:
1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following
table.
LOT AREA SUMMARY
A
Min. Lot Area (sq. ft.) 15,000
B C D
12,000 9,000 7,000
1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in
the following table.
LOT COVERAGE SUMMARY
A B C D
Max. Building coverage 50 50 50 60
1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the
following table as measured at the front building line of the lot, except that lots at
the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the
minimum width by 10 feet as measured along the arc at the front building line;
provided all other requirements of this section are fulfilled.
Min. Lot Width (ft.)
LOT WIDTH SUMMARY
A B C D
90 80 70 55
1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the
following table:
Ordinance No. 18-53, Page 9
LOT DEPTH SUMMARY
A B C D
Min. Lot Depth (ft.) 125 125 125 125
1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the
following table.
FRONT YARD SETBACK SUMMARY
A B C D
Min. Front Yard (ft.) 30 25 20 5
Covered drives and porte-cocheres that are architecturally designed as an integral
element of the main structure may extend up to five feet from the established front
building line into the front yard area.
1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the
following table.
SIDE YARD SETBACK SUMMARY
A B C D
Min. Side Yard (ft.) 8 7 7 5 1 1
The side yard for all corner lots shall be a minimum of 15 feet. Single-family
detached lots shall not side to First Street or Custer Road.
1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots,
except that lots with "C-shaped" houses, such house configurations enclosing a
courtyard space, may have a rear yard of ten feet.
1.7.8. Building Height: Buildings shall be a maximum of two and one-half (21/2) stories,
not to exceed forty-five feet (45') in height. Chimneys, antennas and other such
architectural projections not used for human occupancy may extend above this
height limit.
1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area
shall be as shown in the following table.
MINIMUM DWELLING AREA SUMMARY
A B C D
Min. Dwelling Area (sq. 3,500 3,000 2,500 2,200
ft.)
Ordinance No. 18-53, Page 10
2. Single-family Residential Component - General Conditions
2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance:
Except as amended herein, this Planned Development District shall conform to any
and all applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03-
05, as they presently exist or may be amended. All right -of- ways as specified in the
Town's Transportation Plan will be deeded to the Town at the time of development
with the Final Plat.
2.2. Amenities: The intent of this PD regarding the provision of amenities is for an
integration of built and natural elements working together as a system that provides
for the active and passive recreational needs of the Brookhollow community
specifically and of the Town of Prosper generally. The distribution of natural beauty
throughout the development, exemplified by lakes, mature trees and areas of rolling
topography, provides the opportunity for a community -wide trail punctuated with
nodes of built improvements such as pocket parks. In this way, neighborhood is
linked to neighborhood and the Brookhollow community is linked to the Town.
To help preserve the open character of the Town of Prosper, it is the intent of this PD
that a significant amount of natural open space, particularly amid the floodplain and
other sensitive land, be set aside to provide additional open space for Brookhollow
and for the Town. Design elements in these areas should support non -programmed
passive recreational activities such as walking and picnicking.
2.3. Screening and Bufferin;;: Residential development adjacent to East First Street, and
Custer Road shall be screened by a combination of earthen berms, turf grass, trees
and shrubs and meandering sidewalk within a twenty -five-foot landscape edge, as
specified on the attached Exhibit "D" and which shall comply with the Town's
Transportation Plan requirements. All turf and landscaping areas will be irrigated.
Screening fences shall be located along the berm areas and shall meet the
requirements of the Subdivision Ordinance 03-05, as it exists or may be amended.
Screening walls consisting of thin-wall brick shall not be allowed.
2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit "D" and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare
locations, R.O.W. dedication, roads, all easements and illustrates the integration of
these elements into a master plan for the whole district.
2.5. Streets: Any streets shown on Exhibit `D' from U.S. Hwy. 380 to F.M. Hwy. 2478
(Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty -foot wide
right-of-way. The paved section for these streets shall be concrete paving thirty-one
feet wide, except for the potential widening to accommodate traffic at intersections
with major thoroughfares. In the event that a school is located within the
development, additional paving width will be provided to accommodate school
traffic. The developer will be responsible for one-half the cost for the street adjacent
to the school.. The residential streets shall consist of a fifty -foot wide right-of-way
Ordinance No. 18-53, Page 11
with a thirty-one foot paving section; and drainage systems, which shall be
incorporated into the street facility with concrete paving and mountable curbs. In
neighborhoods where lots are alley -served, residential streets shall consist of a fifty -
foot wide right-of-way with a thirty-one foot paving section; and drainage systems,
which shall be incorporated into the street facility with concrete paving and
mountable curbs. All Collector Class Thoroughfares shall meet the standards
specified in the Town's Transportation Plan. All Residential Streets, Collector
Streets and Thoroughfares with landscape and setback areas shall be shown on the
Plat. Right-of-way area shall be dedicated and provided to adjacent street or road
sections in conformance with the approved Town of Prosper Transportation Plan.
2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association
(HOA), in which membership is mandatory for each lot, and that will be responsible
for operation and maintenance of all common areas and/or common facilities
contained within the area of the Planned Development District or adjacent Right- of -
Way (ROW). The homeowner's association will be created with Phase 1 and each
subsequent phase shall be annexed into the association as specified in Exhibit E. Prior
to transfer of the ownership to the HOA, all specified facilities shall be constructed by
the Developer and approved by the Town. The developer shall provide the Town a
mandatory HOA agreement that will become part of the deed of record
2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the
street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally
meandering where possible. The residential streets will have a four -foot wide
sidewalk located on each side of the street and shall be located no less than two feet
from the street right-of-way line. Corner lots shall also provide the aforementioned
requirement. All public street sidewalks and crossings shall be ADA compliant. In
locations where open space, common, or HOA areas exist, sidewalks shall be
extended to connect with adjacent walks or trails.
2.8. Landsca-oinR
2.8.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches
above the root ball, shall be planted in the front yard of each Tract `A' residential
lot (see Exhibit `F'). The required trees will typically be planted by the builder at
the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
If pre-existing trees on the lot remain in a healthy and vigorous condition after the
completion of construction on the lot, and such trees meet the caliper -inch
requirement, this requirement may be waived by the Town Building Official.
2.8.2. Yard Space that Abuts Street (side vard on a street): Two canopy trees as
specified on the landscape plan, with a minimum caliper of four inches each as
measured twelve inches above the root ball, shall be planted in each side yard
space that abuts a street. These required trees shall be in addition to the required
front yard trees and shall be planted generally parallel to the street at the edge of
the street right of way. The required trees will typically be planted by the builder
Ordinance No. 18-53, Page 12
at the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to
Collector Streets within the development. Such landscaping shall include trees,
shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts
a street shall be limited to, and extend from, the house perimeter and walkways.
Such beds shall have natural shapes. The intent of this guideline is to reinforce
the continuity of the street with planting beds that visually reinforce the street
edge rather than the lot. Therefore, floating beds in the yard space are prohibited.
Such planting beds must run parallel to the street and create natural shapes that
respond to the required trees (described above).
2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major
Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such
fencing shall conform to the standards established by the Town for various types
of fencing as found in Subdivision Ordinance 03-05 as it exists or may be
amended. (see Exhibit `F')
2.10. Park Dedication Requirements: The development of Tract `A' shall provide for a
dedication of a minimum of five percent (5%) of the gross platted acreage, to the
Town for park purposes, including, but not limited to, neighborhood parks, linear
parks, hike and bike trails, pocket parks, water features, creeks and natural
preserve areas, or other purposes as determined by the Park and Recreation Board.
This requirement may also be fulfilled through the payment of park dedication
fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of
the Parks and Recreation Board. All other aspects of park dedication shall comply
with Subdivision Ordinance No. 17-41 as it presently exists or may be amended,
unless modified by a separate agreement. Any property dedicated in excess of the
minimum five percent (5%) requirement in a development phase may be credited
towards the park dedication requirements of future phases of development within
this Planned Development subject to approval of the Parks and Recreation Board.
2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar
collectors, etc.) must be completely screened from public view. A combination of
screens, hedges, or walls should be used to screen equipment or mechanical areas.
Ordinance No. 18-53, Page 13
EXHIBIT "D"
ZONING SITE PLAN
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Ordinance No. 18-53, Page 14
EXHIBIT "E"
DEVELOPMENTSCHEDULE
The approximate 23.3 acres is expected to be developed in a single phase within the next 1-3
years. Dates are approximate and are subject to change with final design and due to external
forces such as market conditions. Start dates for the overall project will depend on the
availability of adequate infrastructure service to this area.
Ordinance No. 18-53, Page 15
EXHIBIT "F"
SINGLE-FAMILY RESIDENTIAL TRACT `A' DESIGN GUIDELINES
1. ARCHITECTURE:
All residences must conform to the French Country or European style and character. The
Developer encourages architectural continuity through traditional architectural style and
the use of complementary materials, as well as architectural diversity through variation of
hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc.
While each home should compliment adjacent structures, every home should have a
unique identity through the use of detailing such as cast stone, wrought iron, window
treatments, dormers, turrets, flat work, tree placement, brick details, natural stone,
combining brick and natural stone, gas lights, landscape illumination, etc. The Developer
encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone
decorative features, paint grip sheet metal, copper guttering and European architectural
details that individualize each residence.
2. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all
walls visible from any street, and 80% masonry on each (not cumulative)
remaining side and rear elevations. All exposed portions of the fire breast, flu and
chimney shall be clad in brick, stone or brick and stone, matching the materials
used on the residence. All window headers, sides and sills, which are exposed to
the street or common areas, shall be constructed of cast stone, natural stone,
decorative shaped brick or a combination thereof. All windows will have a least
6" of exterior material between the header and fascia board. No Exterior
Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or
chimney.
2.2. The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street or common
area shall be molded form of smooth round material. Gutters shall not drain
across property lines.
2.3. All windows visible from streets shall be painted or vinyl clad finished wood or
vinyl casement divided light windows. All windows facing any greenbelt area or
floodplain shall be vinyl on wood casement divided light or wide metal frame
windows with brick mould surrounds. Metal windows without brick mould are
allowed only in private enclosed yard areas.
2.4. For homes following the Type `D' guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall.
Glass block windows shall be allowed and shall not be bound by this restriction
2.5. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
Ordinance No. 18-53, Page 16
review for approval the location of all second -floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of
these. Stone shall be in chopped rectangular shapes and random sizes.
2.10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. The supply conduit for electrical meters visible from streets or common
areas shall enter the foundation beneath the final yard grade so that the
electrical meter is recessed in the wall and the meter box front and the
meter are the only items visible.
2. Any meter visible from the street or common area must be screened by
solid fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side
visible from a street or a common area and a minimum slope of 8:12 roof pitch for
rear and sides not visible from a street or a common area. Architectural designs
that warrant roof sections of less pitch will be given consideration by the
Developer. Satellite Dishes shall not be installed in locations visible from the
street, common areas or other residences. Solar Collectors, if used, must be
integrated into the building design and constructed of materials that minimize
their visual impact. Cornice, eave and architectural details may project up to two
feet six inches.
3.2. Roof material shall be standing seam copper, approved standing seam metal,
natural slate shingles, approved imitation slate shingles or approved composition
30 -year laminated shingles or other approved roof materials.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. Front to rear and side-to-side
roof pitches must match on front elevations. The Developer will require variation
of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
4.1. Walls and screens visible from streets or common areas shall be constructed of
masonry matching that of the residence, masonry and wrought iron, or wrought
Ordinance No. 18-53, Page 17
iron. Walls and screens not visible from streets or common areas may be
constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be
steel set in concrete and shall not be visible from the alley or another dwelling.
All fence tops shall be level with grade changes stepped up or down as the grade
changes.
4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing
within the greenbelt / flood plain areas, will be chosen by the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots by solid screening walls that match the
residence material.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar jointed brick matching the
residence, or mortar jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or
stone borders or other approved materials. The Developer may consider front driveways
of stamped or broom finished concrete with brick or stone borders on a case-by-case
basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All
sidewalks and steps from the public sidewalk or front driveway to the front entry must be
constructed in brick, stone, slate, flagstone or other approved materials.
6. EXTERIOR LIGHTING:
Each required tree shall be down lighted with a minimum of two landscape illumination
fixtures connected to an electric eye photocell. In addition, all garage doors must have
one exterior light per parking space. All front entrances must have no less than one down
light and a minimum of one bracket light beside each front entrance. All entrance down
lights and all entrance bracket lights shall be controlled by electric eye photocells, and
kept in working order at all times. All required tree lights, garage door lights, entrance
down lights and entrance bracket lights shall illuminate at dusk and shall remain
illuminated until sunrise.
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks
in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park
will require no less than one 5" caliper live oak or red oak tree for every 35' of street and
park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would
require 3 trees.
Ordinance No. 18-53, Page 18
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