Page 47 of 63 1.01 EXHIBIT B Minimum Home Sizes: The floor area of the main structure, exclusive of open porches on the ground level and garages, shall be no less than 1700 square feet.
1.02 Minimum Setback Lines: (a) No structure of any kind and no part thereof may be placed within these setback lines: (b) (i) (ii) (iii) (iv) 20 feet from any street right of way wherein the street is determined to be a “local street" under applicable zoning ordinances.
15 feet from any street right of way wherein the street is determined to be a "limited local street” under applicable zoning ordinances.
5 feet from any rear property line.
5 feet from any interior side Lot lines or 10 feet from any interior side Lot lines for any corner Lot adjacent to a side street.
The following improvements are expressly excluded from these setback restrictions: (i) Structures below and covered by the ground.
(ii) (iii) Steps, walks, swimming pools, driveways, and curbing.
Variances for patios may be granted on a case by case from the ACA but in no case shall the patio area encroach within 3 feet of the rear property line, except as approved by the ACA.
Planters, walls, fences or hedges not to exceed 4 feet in height within the front "Minimum Setback Lines” set forth in Sections 1.02(a)(i)-(ii) above or not to exceed 8 feet in height within rear and side street "Minimum Setback Lines", except as approved by the ACA.
(iv) Landscaping.
(v) Box or bay windows.
(vi) Fireplaces and chimneys, to the extent any portion of same project from the side of a residential structure.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 48 of 63 (vii) Porches, balconies, stoops and awnings may encroach a maximum of 5 feet into the required front yard setbacks.
TIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 48 of 63 (vii) Porches, balconies, stoops and awnings may encroach a maximum of 5 feet into the required front yard setbacks.
(viii) Any other improvements approved in writing by the ACA must be at least 8 feet from the rear property line and 5 feet from the side property line and have the same architectural style as that of the main structure (home) on the Lot and must be properly screened. Roofed structures, other than the following, may in no event be approved: (A) guard house (B) gate houses (C) swimming pool equipment houses and cabanas (D) greenhouses (E) non-enclosed outdoor living spaces, including, but not limited to, built-in outdoor grills and outdoor fireplaces (F) sheds 1.03 1.04 (c) The ACA may grant exceptions to or variances from any setback lines established in Section 1.02(a) above, provided that any variances or exceptions must be in writing.
Garages: At a minimum, each home must have a garage large enough to accommodate two cars utilizing a standard side by side configuration.
Landscaping, Walls, Fences and Screening: All applicants must submit landscape plans to the ACA for approval. The plans shall include, in general, hardscape structures and walks, where appropriate; a planting plan, including materials, species and size; landscape lighting, retaining walls and fencing.
Landscaping – The minimum landscape plan shall include: (a) (i) Trees A minimum of two (2) trees per lot is required.
Typical plans should include one (1) tree in the front yard ("Front Yard Tree”) and one (1) tree in the rear yard ("Rear Yard Tree"). Corner Lots, adjacent to a street, shall have one (1) tree in the front yard and two (2) trees in the side yard
the front yard ("Front Yard Tree”) and one (1) tree in the rear yard ("Rear Yard Tree"). Corner Lots, adjacent to a street, shall have one (1) tree in the front yard and two (2) trees in the side yard facing the street.. The ACA may grant exceptions to the tree requirement in the rear yard if the rear yard landscape plan does not accommodate said tree location(s). Trees shall be a minimum 3" caliper if container grown or 3-1/2" if ball and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 49 of 63 (b) (ii) (iii) (iv) (v) (vi) burlaped, as measured vertically 12" from the ground lines.
In cases where an existing tree(s) is located on a Lot that meets or exceeds the tree requirements listed in the preceding sentence, a one for one credit(s) will be granted towards the minimum tree requirement as approved by the ACA. See Exhibit B-1 for a list of all permitted trees.
Plantings All planting beds shall include a portion that extends an average of 5 feet from the building foundation, and shall be comprised of a balanced combination of shrubs, vines, groundcovers and/or seasonal colors. Plant materials are to be consistent with the Plant Material list that has been utilized by the Declarant for overall community landscaping improvements. See Exhibit B-1 for details.
Irrigation The front, side and rear yards must be irrigated by an underground programmable irrigation system and sodded with grass.
Landscaping shall be completed on all sites contemporaneously with completion of other improvements, but in no event later than 30 days after first occupancy of building(s). Variances by the ACA will be considered in the timing of this matter.
The owners of the Lots shall be responsible for the
ents, but in no event later than 30 days after first occupancy of building(s). Variances by the ACA will be considered in the timing of this matter.
The owners of the Lots shall be responsible for the maintenance of parkways located between their Lot lines and the back of curb of streets on which said Lots abut. Area between back of curb and sidewalk must be sodded with grass.
In addition, the owners of the Lots shall likewise maintain the exterior of all structures on their Lot and their yards, hedges, plants, and shrubs in a neat and trim condition at all times.
Walls: No structure, wall, fence, or hedge over 4 feet in height shall be constructed, erected, placed, planted, set out, maintained, or permitted upon any Lot outside the front building line on any Lot, except as approved by the ACA in writing.
Fencing: (c) (i) Perimeter Fencing - Fencing shall be constructed of cedar and be stained a uniform color that is approved by the ACA, shall be supported with galvanized steel posts at six (6) feet on center, and all cedar privacy fences shall be board on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 50 of 63 (d) (ii) (iii) (iv) (v) (vi) board and include a top rail (cap). The fence shall be capped and six (6') feet in height.
All fencing and gates must have a 10' setback from the front wall elevation of each home. Details on each front and gate are listed below.
Corner Lot Fencing - A 6' maximum height cedar stained fence as approved by the ACA shall be permitted within the streetside side yard setback of all corner Lots. A minimum 10' setback from the front yard building line shall be required. Where a visibility easement setback is not indicated on the approved plat for a specific corner Lot, the
of all corner Lots. A minimum 10' setback from the front yard building line shall be required. Where a visibility easement setback is not indicated on the approved plat for a specific corner Lot, the Owner may construct the cedar stained fence on the streetside side yard property line per the requirements of item (i), above.
Interior Lot Fencing - No wooden fence, wall or hedge shall be less than 6 feet in height unless otherwise specifically required by the Tarrant County or the City or expressly approved by the ACA. All wooden fences shall be constructed of cedar and be stained a uniform color that is approved by the ACA, shall be supported with pressure treated 4" x 4" posts at six (6') feet on center, and all cedar privacy fences shall be board on board and include a top rail (cap).
Fence Gates Fence gates facing a street or open space shall be a minimum of three (3') in width and must adhere to the same standards as listed above. The gate must meet the same as the fencing standards listed above.
Rear Lot Rear Lot Fencing along Ventana Parkway Fencing that is adjacent to Ventana Parkway shall be 6' wrought iron fence painted a uniform color that is approved by the ACA. The HOA shall maintain and paint these fences as needed.
Screening: (i) Utility boxes and other related improvements in the Right of Way (R.O.W.) located near the street must be screened by landscaping. The screening landscaping materials must be a minimum of five (5) gallon containers at the time of planting to meet the screening requirements. Landscape screening must adhere to the various utility provider requirements.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 51 of 63 1.05 (ii) (iii)
e screening must adhere to the various utility provider requirements.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 51 of 63 1.05 (ii) (iii) All A/C and other mechanical equipment must be screened by the privacy fencing that is installed and referenced in Section 1.04(c)(iv) above.
Garbage containers must be stored in the garage or on the side of the home. If the garbage container is located on the side of the home, it must be fully screened by a fence from the public right of way.
Construction Standards: The main structure on all Lots shall meet with the following requirements (except as modified by the ACA): (a) (b) Plan and Elevation Repetition: In order to maintain architectural variety along residential streets, homes shall adhere to plan and elevation standard as shown in Exhibit B-2.
Foundations: (i) (ii) The foundation system shall be designed by a Registered Professional Engineer based on recommendations given in a geotechnical soils report prepared by a geotechnical engineering firm. The soils investigation and analysis, and the design of the foundation system, shall be prepared and stamped or sealed by a registered professional engineer.
Any swimming pool shall be designed utilizing the data provided by the soils report and analysis with adequate surface and subsurface drainage provided.
Exposed portions of foundations are limited to no more than the following: All Lots Front Elevations - 12" Lots with Side or Rear visibility from the street - 18” (A) (B) (C) Interior Lots - 24" (D) Pool decking more than 18” above grade will require surrounding landscaping / screening to limit the exposed structure's visibility to no more than 18”.
(E) On Lots that have specific drainage or grade
ool decking more than 18” above grade will require surrounding landscaping / screening to limit the exposed structure's visibility to no more than 18”.
(E) On Lots that have specific drainage or grade challenges resulting in only a portion of the foundation being exposed over the limitations listed above ("odd ball lot” i.e. a home where one corner has more foundation being exposed than another), screening or mature landscaping may be installed to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 52 of 63 minimize the foundation exposure in that specific area.
(c) Roofs: (i) (ii) (iii) Style Gabled and Hipped and must be consistent with the home. Bubble Sky lights or facades that appear to be "glued on” are prohibited. Flat roofs and random roof penetrations facing the street are prohibited.
Material All roofs may be random tab architectural 3dimensional composition shingle roof (color must appear to be weathered, unless such other color is approved by the ACA), and must have a minimum 30 year warranty or the highest warranty readily available and be comprised or wood, tile, slate, standing seam metal, or other equal or greater product as approved by the ACA. All roof materials shall be compatible with the architectural style of the home.
In cases where roofs materials are different on the main structure of the home and areas such as dormers or garage overhangs, the types of material shall be limited to two materials.
Pitch The preferred range is 8:12 to 16:12. Variance requests for particular plans will be considered.
Exterior Walls: (d) (i) Street facing elevations, including front and street side elevations on corner Lots, must be 100% brick, brick veneer,
ariance requests for particular plans will be considered.
Exterior Walls: (d) (i) Street facing elevations, including front and street side elevations on corner Lots, must be 100% brick, brick veneer, stone, stone veneer, lathe and plaster stucco, or stucco veneer. Stucco used on front elevations must be 100% stucco not stucco board. In cases where structural challenges exist for a limited area, a variance request must be submitted.
(ii) The exposed exterior wall area, exclusive of doors, windows, and covered porch areas (which may contain hardy plan or cedar columns), shall not be less than 80% brick, brick veneer, stone, stone veneer, lathe and plaster stucco, or stucco veneer construction, or other low maintenance material approved by the ACA. Any siding shall be of Fiber Cement (for example, HardieBoard or HardiePlank) or greater material quality.
(iii) All exposed portions of the fire breast, flue and chimney shall be clad in brick, stone, or stucco and shall match the brick, stone or stucco used to meet the eighty percent (80%) exterior surface requirement. In areas where brick, stone or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 53 of 63 (e) (f) (g) (h) (iv) (v) (vi) stucco poses a structural challenge, stucco board may be utilized following approval by the ACA.
Wood siding or stone façade that appears "glued on” are prohibited.
Rowlocks on corner Lots used to wrap the corner of a home must extend back 10' from the front wall elevation up to the fence line set back requirement. Rowlocks on interior Lots must extend back six feet (6') back from the front wall elevation.
If brick, brick veneer, stone, stone veneer, lathe and plaster stucco, or stucco veneer is used to wrap the corner of a home,
or Lots must extend back six feet (6') back from the front wall elevation.
If brick, brick veneer, stone, stone veneer, lathe and plaster stucco, or stucco veneer is used to wrap the corner of a home, it must extend six feet (6') back from the front wall elevation and cover the entire area from the base of wall to the top line of the wall.
(vii) The use of different exterior materials (as listed in (d)(i) and (ii) above) is limited to three different materials per home.
(viii) Direct vents for gas or electrical fireplaces are permitted but must be located at a minimum of six (6') feet above the slab.
Doors: All single story homes must have a minimum door height of 6'8". All two story homes must have a minimum door height of 6'8". All front doors must be stained to match the color palette of the home.
Posts & Accents: All decorate posts and accents must be cedar and be stained a uniform color that is approved by the ACA.
Gutters: Complete guttering must be installed on all houses with downspouts carried to an outfall well away from the foundation. All gutters and downspouts shall be molded from aluminum and have a pre-painted finish. All downspouts except those emptying into streets or driveways shall be tied into underground drains if positive drainage does not exist. Gutters shall not drain across property lines.
Garages: (i) Garages and all other outbuildings are to be given the same architectural treatment and be constructed of the same materials as the main structure. All garage doors shall be equipped with automatic remote controlled door openers.
All garages viewed from a street or common area must have cedar overlay and include bracket details as approved by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6
from a street or common area must have cedar overlay and include bracket details as approved by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 54 of 63 (i) (j) (ii) ACA. Transparent windows are not allowed on garage doors for privacy purposes.
The interior walls of all garages must be finished (tape, bed, base boards and paint as a minimum) like other rooms in the building.
Driveways & Sidewalks: (i) (ii) (iii) All driveways and sidewalks shall be constructed of the following materials: concrete, scored or stained concrete, or concrete with stone or brick border. No aggregate material may serve as a driveway or sidewalk finish. All stain colors on driveways and sidewalks shall be subject to approval of the ACA.
All sidewalks must be 5' wide with broom finish. 24" clearance around fire hydrants.
Lead in walks must be a minimum of 36" wide and no more than 20' without a change in direction. Lead in walks must be stained the same color as the driveway and sidewalks as designated above in Section 1.05(i)(i) (which stain is subject to ACA approval).
Colors: Homes shall be earth tone colors that blend well with the natural surroundings. Accent colors are to be in line with the main color palettes of the home.
(k) Windows: (i) Front Elevation Windows All front elevation windows must be divided light windows.
(ii) Exterior Material- All window framing will be bronzed, cream, sand or white anodized aluminum, or wood or vinyl.
(iii) (iv) Shutters (exterior) - Window shutters may be used. Painted or stained wood will be acceptable.
Window Treatments (interior) Window on the front elevation or visible the street must have window treatments installed within 30 days of the initial sale to the initial
ined wood will be acceptable.
Window Treatments (interior) Window on the front elevation or visible the street must have window treatments installed within 30 days of the initial sale to the initial homeowner. Treatments will be wood, vinyl or aluminum clad with exterior grid dividers.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 55 of 63 (1) (m) (n) (0) (p) (q) (r) (s) (v) No reflective window coverings or treatments (aluminum foil, reflective film, sheets, linens, etc.) and wrought iron bars shall be permitted.
Exterior Alterations: No exterior alterations of any existing building may be permitted without the prior written approval of the ACA.
No additional windows, balconies, platforms, etc. which may invade the privacy of adjacent dwellings are permitted.
Lines & Wires: Any and all lines or wires for communication or for transmission of current outside of the building shall be constructed, placed and maintained underground.
Lighting: Lighting plans shall be designed to delicately accent architectural elements, and shall include a minimum of one light, near the front door or porch area. Lighting shall remain in the on position during evening hours. No exterior light shall be installed or maintained on any Lot which is found to be objectionable by the ACA. Upon being given notice by the Association that any exterior light is objectionable, the owner of the Lot will immediately remove said light or have the light shielded in such a way that it is no longer objectionable. Mercury vapor, colored lenses, flourcent or neon lighting is not permitted.
Address Block: Each home must have a masonry address block. The address block must be placed between the garage and front door of
ry vapor, colored lenses, flourcent or neon lighting is not permitted.
Address Block: Each home must have a masonry address block. The address block must be placed between the garage and front door of the home in a well-lighted area. Address markers (spray paint or other indicators) are not allowed on any portion of the street curb or driveway.
Lot Excavation: No excavation may be made except in conjunction with construction or maintenance of an improvement. When the improvement or maintenance is completed, all exposed openings must be back filled, compacted, graded and landscaped in accordance with the approved landscape plan.
Pools: No above ground level swimming pool may be installed on any Lot and any swimming pool shall be designed and engineered in compliance with the Section 1.05(b)(i) of this document.
Retaining Walls: Retaining walls constructed on residential lots may use a dry stack figuration utilizing natural material for wall heights under four (4') feet. Retaining Walls constructed above 4' must be engineered.
Construction Timing: Once commenced, construction must be diligently pursued so it is not left in a partly finished condition for a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 56 of 63 (t) (u) period longer than ninety (90) days without written approval from the ACA.
Temporary Portable Buildings: Temporary portable buildings may be used for construction purposes or as field offices or temporary marketing offices in support of the sale of Lots only with the prior written approval of the Declarant. Such temporary portable buildings shall meet the following requirements: (i) Be landscaped to the same standards as other residential Lots.
(ii) (iii) (iv)
the prior written approval of the Declarant. Such temporary portable buildings shall meet the following requirements: (i) Be landscaped to the same standards as other residential Lots.
(ii) (iii) (iv) Allow no overnight parking of construction vehicles.
Provide screening for all construction materials to be kept on site.
Be kept in a clean, well-kept condition at all times.
Such temporary portable buildings shall be removed two (2) months after the date on which construction starts on the last of the Lots.
All landscaping, irrigation systems, hardscaping, signs and debris are to be removed and the area is to be graded, cleaned and turf established to the satisfaction of the ACA.
Construction Debris & Clean Up: During construction on any Lot, all trash and construction debris shall be contained within an on-site enclosure to be approved by the Association. The trash container shall be maintained on the Lot throughout the period of construction (subject to the need to promptly remove and replace same as it becomes full), and all waste materials and construction debris shall be placed therein on a daily basis in order to reduce the possible dispersal of such waste materials and construction debris to any other Lot and to maintain a neat and orderly appearance on the Lot on which construction is being performed. Such temporary trash container shall be removed within 10 calendar days following completion of construction on the Lot. Builders shall be responsible for having street sweeping services completed once a week (preferably on Friday) during construction periods.
(v) Cluster Mailboxes.
Pursuant to USPS requirements Cluster Mailboxes will be installed rather than individual boxes.
Homeowners may not install individual mailboxes without ACA approval.
on periods.
(v) Cluster Mailboxes.
Pursuant to USPS requirements Cluster Mailboxes will be installed rather than individual boxes.
Homeowners may not install individual mailboxes without ACA approval.
Declarant may grant variances to and/or exceptions from any part of Section 1.05 of this document, provided that any such variances and/or exceptions must be in writing.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 57 of 63 1.06 Requirements Pertaining to the Placement of Athletic & Recreational Facilities: Except as otherwise set herein, outdoor athletic and recreational facilities such as basketball goals, playscapes, swing sets and sport courts may not be placed on a Lot unless such item is placed behind the rear of the dwelling and such item is approved by the ACA.
(a) (b) (c) Permanent basketball goals may be installed on front-entry Lots with "J-shaped, swing-in" driveways within all applicable setback lines as long as such basketball goals are installed behind the front elevation of the dwelling. All basketball goals (whether installed in the front or rear of the dwelling) must be professionally installed with a standing pole and must be made of clear acrylic material or tempered glass.
Temporary and movable facilities may be placed, utilized and removed from view from the street provided the same (i) run perpendicular to the driveway, (ii) are no closer than 20' to the street, and (ii) screened with shrubs to minimize effect of temporary appearance.
All outdoor athletic and recreational facilities such as basketball goals, playscapes, swing sets and sport courts, must: (i) if the same are lighted, be lighted in a manner that does not create a nuisance to
oor athletic and recreational facilities such as basketball goals, playscapes, swing sets and sport courts, must: (i) if the same are lighted, be lighted in a manner that does not create a nuisance to any other Owner, and (ii) if not installed in the front driveway, installed no closer than 8' to any rear or side property line and fully screened. Playscape heights are limited to 15' in height and all awnings most be of neutral color No approval of plans and specifications and no publication of requirements or guidelines herein or in the Declaration or otherwise by the Association or the ACA or granting of any exceptions or variances by Declarant may be construed as representing or implying that improvements built in accordance therewith will be free of defects or comply with applicable laws or ordinances. Any approvals and observations incident thereto concern matters of an aesthetic nature. No approvals and guidelines may be construed as representing or guaranteeing that any improvements built in accordance therewith will be designed or built in a good and workmanlike manner. The granting of any exceptions or variances by Declarant shall be in Declarant's sole discretion. Declarant, the Association, their respective directors, officers, employees, and agents, the ACA, and members of the ACA are not responsible or liable in damages or otherwise to anyone submitting plans and specifications for approval or to any owner of land subject to the Declaration for any defects in any plans or specifications submitted, revised, or approved, any loss or damages to any person arising out of approval or disapproval or failure to approve or disapprove any plans or specifications, any loss or damage arising from the noncompliance of the plans or
loss or damages to any person arising out of approval or disapproval or failure to approve or disapprove any plans or specifications, any loss or damage arising from the noncompliance of the plans or specifications with any governmental ordinance or regulation, or any defects in construction undertaken pursuant to the plans and specifications. Approval of plans and specifications by the ACA may not be construed as approval by the City, as the approval processes are mutually exclusive. Unconditional approval of a complete set of plans and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6 Page 58 of 63 specifications by the ACA satisfies the requirements of all applicable subsections of the Declaration and these guidelines that require written approval by the ACA for the plans and specifications. Any determination made by Declarant, and the grant or denial of any exception or variance by Declarant under the Declaration or these guidelines, is in Declarant's sole discretion.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTANA Exhibit B 520912 000005 15121335.6