HomeMy WebLinkAboutResolution 25-04 Otter Partners, LP for Westlake Ventanas Residential Development AgreementRESOLUTION 25-04
Page 1 of 4
TOWN OF WESTLAKE
RESOLUTION NO. 25-04
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION
IMPROVEMENTS BETWEEN THE TOWN OF WESTLAKE, TEXAS AND OTTER
PARTNERS, LP FOR WESTLAKE VENTANAS RESIDENTIAL DEVELOPMENT (PD
1-2, PLANNED DEVELOPMENT DISTRICT 1-2), AND AUTHORIZING THE TOWN
MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT.
WHEREAS, the Property is located within PD 1-2, Planned Development District 1-2,
that is commonly known as “WESTLAKE ENTRADA”, as approved by Ordinance No. 703 by
the Town Council on the 22ND day of APRIL 2013; and
WHEREAS, pursuant to the provisions approved by Ordinance No. 703 by the Town
Council on the 22ND day of APRIL 2013, a development plan subject to review and approval by
the Town Council is required, and such development plan was approved by Ordinance No. 720 by
the Town Council on the 28TH day of OCTOBER 2013 (the “Development Plan”); and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 830, as
adopted by the Town on the 19TH day of JUNE 2017; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 918, as
adopted by the Town on the 26TH day of OCTOBER 2020; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 934, as
adopted by the Town on the 23RD day of AUGUST 2021; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 959, as
adopted by the Town on the 5TH day of DECEMBER 2022; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 994, as
adopted by the Town on the 1ST day of APRIL 2024; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 997, as
adopted by the Town on the 3RD day of JUNE 2024; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 1001,
as adopted by the Town on the 19TH day of AUGUST 2024, including a revised Development
Plan attached thereto as EXHIBIT “A” and included therein for all references and purposes; and
RESOLUTION 25-04
Page 2 of 4
WHEREAS, the Development Plan amended by Ordinance No. 1001, as adopted by the
Town on the 19TH day of AUGUST 2024, included specific provisions relating to the Property,
including Architectural Standards “according to the development guidelines and standards for The
Knolls Development” and that the amendment to the Development Plan for the development of
this portion of Westlake Entrada shall further reflect approval provided by Ordinance No. 959, as
adopted by the Town on the 5TH day of DECEMBER 2022; and
WHEREAS, the Development Plan amended by Ordinance No. 1001, included conditions
that apply to “all further applications for development that are submitted pursuant to the Entrada
Development Plan”; and
WHEREAS, the Town of Westlake, Texas (the “Town”) is a duly created and validly
existing Type A General Law Municipality, created under the laws of the State of Texas, including
particularly, but not by way of limitation, Chapter 51, Texas Local Government Code, as amended
(the “Code”); and
WHEREAS, the Town and Otter Partners, LP (the “Developer”) desire to enter into an
agreement through a Development Agreement, which sets out certain responsibilities for the Town
and the Developer as it relates to the development in Westlake; and,
WHEREAS, the Developer, as the owner of land located within the Town, intends to
develop the approximately 22.164 acres of land fronting Solana Boulevard (the “Property”), and
the development and construction on the Property is expected to significantly enhance the tax base
of the Town; and
WHEREAS, the Town and the Developer desire to enter into a partnership to continue this
planned growth through a Development Agreement for Subdivision Improvements, which sets out
responsibilities for the Town and the Developer as it relates to the development in Westlake; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves
the Development Agreement for Subdivision Improvements attached hereto as EXHIBIT “A”,
with the Developer; and further authorizes the Town Manager to execute said agreement s and
pursue any necessary procedures on behalf of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
RESOLUTION 25-04
Page 4 of 4
EXHIBITS
EXHIBIT “A” — DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS
EXHIBIT “B” — PROPERTY DESCRIPTION
EXHIBIT “C” — ARCHITECTURAL STANDARDS FOR WESTLAKE VENTANAS
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 1 of 27
DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS
FOR
WESTLAKE VENTANAS
This Development Agreement (this “AGREEMENT”) is made and entered into on this 3RD day
of FEBRUARY, 2025 (the “EFFECTIVE DATE”) by and between the Town of Westlake,
Texas, a Type A General Municipality located in the State of Texas (the “TOWN”), and OTTER
PARTNERS, LP, a Texas Limited Partnership duly incorporated in the State of Texas (the
“DEVELOPER”) to establish the terms and conditions for designing and installing infrastructure
and other related improvements for WESTLAKE VENTANAS, a residential development
approved by Ordinance No. 994 by the Town Council on the 1ST day of APRIL, 2024 and subject
to certain conditions as set forth in Ordinance No. 1001 approved by the Town Council on the
19TH day of AUGUST, 2024 (the “DEVELOPMENT” as further defined below). The Town and
the Developer may also be referred to collectively as the “PARTIES”, or individually as a
“PARTY”.
WHEREAS, the Developer either owns or will own certain real property more particularly
described on EXHIBIT “B” attached hereto and incorporated herein by reference for all purposes
(the “PROPERTY” as further defined below); and
WHEREAS, the Property is located within PD 1-2, Planned Development District 1-2,
that is commonly known as “WESTLAKE ENTRADA”, as approved by Ordinance No. 703 by
the Town Council on the 22ND day of APRIL 2013; and
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 2 of 27
WHEREAS, pursuant to the provisions approved by Ordinance No. 703 by the Town
Council on the 22ND day of APRIL 2013, a development plan subject to review and approval by
the Town Council is required, and such development plan was approved by Ordinance No. 720 by
the Town Council on the 28TH day of OCTOBER 2013 (“DEVELOPMENT PLAN”); and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 830, as
adopted by the Town on the 19TH day of JUNE 2017; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 918, as
adopted by the Town on the 26TH day of OCTOBER 2020; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 934, as
adopted by the Town on the 23RD day of AUGUST 2021; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 959, as
adopted by the Town on the 5TH day of DECEMBER 2022; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 994, as
adopted by the Town on the 1ST day of APRIL 2024; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 997, as
adopted by the Town on the 3RD day of JUNE 2024; and
WHEREAS, the Development Plan was subsequently amended by Ordinance No. 1001,
as adopted by the Town on the 19TH day of AUGUST 2024, including a revised Development
Plan attached thereto as EXHIBIT “A” and included therein for all references and purposes; and
WHEREAS, the Development Plan amended by Ordinance No. 1001, as adopted by the
Town on the 19TH day of AUGUST 2024, included specific provisions relating to the Property
including that the Architectural Standards (further defined below) shall be “according to the
development guidelines and standards for The Knolls Development” and that the amendment to
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 3 of 27
the Development Plan for the development of this portion of Westlake Entrada shall further reflect
approval provided 959, as adopted by the Town on the 5TH day of DECEMBER 2022; and
WHEREAS, the Development Plan amended by Ordinance No. 1001, included conditions
that apply to “all further applications for development that are submitted pursuant to the Entrada
Development Plan be submitted to address and provide for the following in future site plan /
applications: (a) [t]he need to provide off-street parking for delivery trucks to ensure fire lanes are
open; and (b) [t]he provision of view corridors (visibility easements) to ensure the safety of
residents backing out of driveways”; and
WHEREAS, the Developer intends to develop (or cause to be developed) the Property as
the Development in strict accordance with the rules, regulations, and provisions as set forth in
Ordinance No. 994, approved by the Town on the 1ST day of APRIL, 2024 and those certain terms
and conditions for development as set forth in Ordinance No. 1001, approved by the Town Council
on the 19TH day of AUGUST, 2024; and
WHEREAS, the Parties desire to clarify certain rules and regulations of the Ordinance No.
994, approved by the Town on the 1ST day of APRIL, 2024, for there to be certain assurance in
the development requirements for the Property, including incorporating agreed upon standards for
the installation of infrastructure and other public improvements as well as building materials and
aesthetic methods for the design and construction of buildings and other structures within the
Development, while recognizing the Developer’s reasonable expectations in the development of
the Property, as more fully described herein.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 4 of 27
NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the Parties covenant
and agree as follows:
ARTICLE I.
DEFINITIONS
PARAGRAPH 1.01. “DEVELOPMENT” shall mean the construction of 51 single-
family residential dwelling units and other accessory structures as approved in Ordinance No. 994,
approved by the Town Council on the 1ST day of APRIL, 2024, and subject to those certain terms
and conditions for development as set forth in Ordinance No. 1001, approved by the Town Council
on the 19TH day of AUGUST, 2024.
PARAGRAPH 1.02. “PROPERTY” shall mean the 15.2 +/- acres of real property, more
or less, located wholly within Tarrant County and on which the Development shall be located.
PARAGRAPH 1.03. “TOWN ENGINEER” shall mean the person appointed by the
Town and that is responsible for reviewing and approving engineering plans and related technical
documents for the Town.
PARAGRAPH 1.04. “TOWN MANAGER” shall mean the Town Manager of the Town,
or their designee.
ARTICLE II.
IMPROVEMENTS
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 5 of 27
PARAGRAPH 2.01. The Developer shall provide, at its own expense, all the engineering
services required for the Development and Improvements (as defined in this Article II of this
Agreement). Engineering services shall be performed by a professional engineer that is registered
in the State of Texas. Such engineering services shall conform in all respects to the Town’s
engineering and design standards. Engineering services shall include, but shall not be limited to:
surveys; designs; plans and profiles; estimates; construction supervision; and furnishing necessary
documents in connection therewith as requested by the Town Manager and / or the Town Engineer.
All engineering plans submitted shall be prepared by the Developer’s Engineer, and such engineer
plans shall be subject to the review, the approval, and the stamped acceptance of the Town
Engineer. The Town Engineer’s review and acceptance does not relieve the Developer or the
Developer’s engineer of the responsibility for design and construction. Further, the Developer’s
Engineer shall be a licensed engineer in the State of Texas.
PARAGRAPH 2.02. Construction of all the Improvements shall be in strict conformance
with the plans to be prepared by the Developer (or on behalf of the Developer) and reviewed and
accepted by the Town Engineer, in accordance with all policies, standards, and specifications that
are adopted by the Town relating thereto. The Town Engineer’s review and acceptance of the plans
shall not be construed to limit or affect the Developer's responsibility for design and construction
of the Improvements in whole or in part.
PARAGRAPH 2.03. The Developer shall employ, at its own expense, a qualified testing
company, previously approved by the Town, to perform all testing of materials or construction that
may be required by the Town and shall furnish copies of test results to the Town Engineer.
PARAGRAPH 2.04. At all times during the construction of the Improvements, the Town
Manager shall have the right, but not the obligation or responsibility, to inspect the materials and
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 6 of 27
their workmanship; and the Developer shall ensure (or shall cause to be ensured) that all materials
and work conform to the approved plans and specifications. Any material or work not conforming
to the approved plans and the Town’s engineering standards shall promptly be removed or replaced
to the satisfaction of the Town Manager and / or the Town Engineer and at the sole expense of the
Developer.
PARAGRAPH 2.05. The Developer shall be responsible for mowing all grass and weeds
and otherwise reasonably maintaining all land within the Development which has not been sold to
third parties. After 15 days’ written notice from the Town Manager, and should the Developer fail
in this responsibility to mow all grass and weeds, then at the sole discretion and option of the Town
Manager, the Town Manager shall be authorized to: (i) issue (or cause to be issued) a citation to
the Developer in the amount of $2,000.00 (“TWO THOUSAND AND 00/100 UNITED STATES
DOLLARS”), with each day that the grass and weeds are not mowed constituting a separate and
distinct infraction; or (ii) the Town Manager may contract (or cause to be contracted) a landscaping
company to mow all grass and weeds and, for this service, shall bill the Developer for costs. In the
event the costs remain unpaid, the Town Manager shall issue a construction stop work order or
withhold the issuance of any building permits until all costs are paid by the Developer.
PARAGRAPH 2.06. The obligations and responsibilities of the Developer as established
by the terms and conditions of this Agreement for the construction of Improvements shall be
performed and completed by the Developer no later than two (2) years from the issuance of the
notice to proceed by the Town Manager for construction of Improvements, and proper application
for acceptance of the Improvements shall be made by such date.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 7 of 27
PARAGRAPH 2.07. The Improvements shall not be considered complete until the Town
Engineer has certified to the Town, in writing, that the Improvements have been completed in strict
conformance with the plans as accepted by the Town.
PARAGRAPH 2.08. Prior to the Town’s acceptance of the Improvements, the Developer
shall prepare and furnish a sworn affidavit, signed by an authorized representative of the Developer
that the Improvements completed have been paid for, in full, by the Developer. The Developer
shall be solely responsible for the information so provided on the affidavit. Said written
certification shall be reviewed by the Town, but the Town, including its employees, shall assume
no responsibility or liability to any party regarding the veracity of the information so provided.
PARAGRAPH 2.09. Prior to the Town accepting the Improvements, either in whole or in
part, the Developer shall provide the Town with reproducible “as constructed” drawings, certified
as accurate by the Town Engineer. All such drawings shall be provided in a digital format that is
acceptable to the Town Engineer for review and approval.
PARAGRAPH 2.10. The Developer shall be solely responsible for all permit fees related
to construction or installation of the Improvements. The permit fees shall include all fees contained
in the Code of Ordinances of the Town and the most recent fee schedule adopted by the Town.
PARAGRAPH 2.11. Prior to commencing the construction of any Improvements agreed
upon herein, the Developer shall acquire at its own expense clear and sufficient title to streets and
easements, free and clear of any liens or encumbrances on all lands and facilities other than the
Developer’s development loan, if any, traversed by the proposed Improvements. All such streets
and easements shall be private; and be permanently dedicated or conveyed to the Homeowners’
Association (“HOA”).
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 8 of 27
PARAGRAPH 2.12. Prior to the final acceptance of those portion of the Improvements
that will be public by the Town, the Developer shall provide a maintenance bond for a period of
two (2) years as set forth in the Code of Ordinances of the Town. The Developer shall submit the
following for review, consideration, and possible action by the Town Council: Development
covenants, conditions and restrictions to be enforced by the HOA, which should include HOA
dues, duties and powers, transitional details providing for an orderly transition from the declarant
to the HOA, and Town review of HOA dues to provide for adequacy of funding of maintenance
of private infrastructure to Town standards by the HOA; homebuilder requirements and
obligations; architectural design guidelines as described in Ordinance No. 994 , approved by the
Town Council on the 1ST day of APRIL, 2024; and cluster mailbox designs and locations if
applicable. Said items shall be approved by the Town Council prior the release of any building
permits for the Development.
PARAGRAPH 2.13. In accordance with the Code of Ordinances of the Town, all existing
overhead electric utility lines within and immediately adjacent to the Development shall be buried
underground at the Developer’s sole expense to the extent permitted by the adjacent landowners.
All overhead electric utility lines shall be buried prior to final acceptance of public improvements.
PARAGRAPH 2.14. There shall be no construction, grading, or other clearing activities
permitted to commence until a notice to proceed is issued by the Town Manager.
PARAGRAPH 2.15. Prior to the issuance of the notice to proceed, the Developer shall
submit (or shall cause to be submitted) an erosion control plan to the Town Manager and the Town
Engineer for review and approval. The erosion control plan shall meet all requirements of the Code
of Ordinances of the Town and additional conditions required by the Town Manager and / or the
Town Engineer. Further, it is expressly acknowledged that there shall be no inspections scheduled,
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 9 of 27
and none shall be conducted unless and until the requisite Storm Water Pollution Prevention Plan
(“SWPPP”) has been submitted and approved and the applicable inspections in relation to the
SWPPP have been passed by the appropriate governmental agency or authority.
PARAGRAPH 2.16. In addition to the Town Manager, employees and agents of the Town
shall have unrestricted access to the Development for official business, in perpetuity, including but
not limited to construction inspections and general inspections of the condition of the Development
and utilities maintenance.
PARAGRAPH 2.17. Prior to the issuance of any building permit, the Developer shall pay
to the Town (or cause to be paid to the Town) the parkland dedication fees. The parkland dedication
fees shall be calculated by the Town Manager and furnished to the Developer prior to making any
application for a building permit.
PARAGRAPH 2.18. Prior to the issuance of any building permit for this Development,
the Developer is expressly prohibited from grading (or causing to be graded) any individual lots
for residential use. However, the Developer is authorized to reasonably grade for streets and
staging areas to be depicted on grading plans to be submitted to the Town Manager for
review and approval as set forth in Chapter 36 of the Code of Ordinances of the Town and any
other applicable code, ordinance, or standard adopted by the Town. The Town Manager may issue
a construction stop work order for any grading activities that are in violation of any federal or state
law, any ordinances adopted by the Town, and any violations of the terms and conditions of this
Agreement. The Town Manager shall be further authorized to issue (or cause to be issued) citations
for any violation of any ordinances adopted by the Town regulating erosion and grading activities.
PARAGRAPH 2.19. The HOA (and its successor) shall be responsible for maintaining all
public and private open space within the Development. The HOA (and its successor) shall also be
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 10 of 27
responsible for maintaining all property adjacent to the Development fronting Solana Boulevard,
including the right-of-way, the easements between the lot line and the street curb, and all retaining
walls, signs, and landscaping. All such public and private space as described in Paragraph 2.21 of
this Agreement shall be submitted to the Town Manager for review and approval prior to submittal
of a final plat by the Developer.
PARAGRAPH 2.20. Notwithstanding any of the paragraphs above in Article II of this
Agreement, or any other paragraph, sentence, or clause of this Agreement:
A. Consistent with the conditions specified in Ordinance No. 1001, as approved by the
Town Council on the 19TH day of AUGUST, 2024, no detailed site plan shall be approved unless
and until the Developer provides (or shall cause to be provided) such site plan to sufficiently depict
to the satisfaction of the Town Manager and the Town Engineer that all “view corridors to ensure
the safety of residents backing out of driveways” are provided on each lot.
i. All garage doors facing a street shall be setback from the front property line
in accordance with the provisions for garages as set forth in the Westlake Ventanas Architectural
Standards (as defined in Paragraph 4.01 of this Agreement.
B. All trees planted and located along both sides of the access easement for the private
drive leading to the Town Hall shall be permanently protected and preserved by the HOA and its
successor; such permanent protection and preservation shall be recorded by easement on the final
plat and include a note expressing the same to the satisfaction of the Town Manager.
C. All visual screening walls to be located along Solana Boulevard shall be designed
and constructed in accordance with the Entrada Design Guidelines as provided for in Ordinance
No. 760, approved by the Town Council on the 14TH day of DECEMBER 2015 and subsequently
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 11 of 27
amended by Ordinance No. 933, approved by the Town Council on the 23RD day of AUGUST
2021.
D. All fencing along streets and the private driveway leading to the Town Hall shall
be wrought iron and black.
E. Chain-link and barbed-wire fencing is not allowed within any lot or portion of this
Development.
F. The Parties acknowledge and agree that Developer has paid (or caused to be paid)
an amount of $10,000.00 (“TEN THOUSAND AND 00/100 UNITED STATES DOLLARS”) for
each detached single-family residence to be constructed within the Development. The Parties also
acknowledge and agree that such payment for each detached single-family residence to be
constructed within the Development shall be exclusively and solely used for the impact to and the
benefit of Westlake Academy. No further payment shall be required for the impact to and the
benefit of Westlake Academy.
G. All private streets serving this development shall be paved in concrete or asphalt;
all concrete paving materials shall meet applicable standards for engineering, public works, and
public safety to the satisfaction of the Town Manager and Town Engineer.
ARTICLE III.
UTILTIES
PARAGRAPH 3.01. The Developer shall furnish proof that proper arrangements have
been made for the installation of water, sanitary sewer, gas, electric, and duct bank utilities.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 12 of 27
PARAGRAPH 3.02. The Developer shall install water facilities to serve all platted lots
within the Development in accordance with plans and specifications prepared by the Developer’s
engineer and released by the Town for construction and in accordance with Chapter 82, Article
IX, Water Facilities, of the Town Code of Ordinances, as amended, and any other local, state and
federal regulations. The Developer shall be solely responsible for all construction costs, materials,
and engineering.
PARAGRAPH 3.03. The Developer shall connect all water utilities to the Town utility
system.
PARAGRAPH 3.04. The Developer shall install sanitary sewer collection facilities to
service all platted lots within the Development. Sanitary sewer facilities shall be installed in
accordance with the plans and specifications to be prepared by the Developer’s engineer and
released by the Town. Further, the Developer agrees to complete this installation in accordance
with Chapter 82, Article X, Wastewater Facilities, of the Town Code of Ordinances, as amended,
and any other local, state and federal regulations. The Developer shall be responsible for all
construction costs, materials, engineering, and permits.
PARAGRAPH 3.05. The Developer shall install drainage facilities to service all platted
lots within the Development in accordance with the plans and specifications to be prepared by the
Developer’s engineer and released by the Town for construction. The Developer shall adhere to
all applicable provisions contained in Chapter 82, Article X, Drainage Facilities, of the Town Code
of Ordinances, as amended. The Developer shall fully comply with all Environmental Protection
Agency (“EPA”), Federal Emergency Management Authority (“FEMA”) and Texas Commission
on Environmental Quality (“TCEQ”) requirements relating to the planning, permitting and
management of storm water which may be in force at the time that development proposals are
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 13 of 27
being presented for approval to the Town. The Developer shall comply with all provisions of the
Texas Water Code, as amended.
PARAGRAPH 3.06. In accordance with the Town’s Code of Ordinances, the Developer
shall bury all utilities serving the development. Furthermore, all existing overhead utilities within,
and adjacent to, the development shall be buried per the provisions contained within the Town’s
Code of Ordinances prior to the final acceptance of public improvements.
ARTICLE IV.
BUILDING MATERIALS AND AESTHETICS
PARAGRAPH 4.01. All buildings and structures designed and constructed as part of this
Development shall be in accordance with the architectural standards set forth in the Westlake
Ventanas Design Guidelines (the “ARCHITECTURAL STANDARDS”). The Architectural
Standards shall be the complete set of specific building material and aesthetics for all buildings,
structures, landscaping, and other matters of aesthetics and visual quality as ordained by Ordinance
No. 959 as approved by the Town Council on the 5TH day of DECEMBER 2022 and by Ordinance
No. 994 as approved by the Town Council on the 1ST day of APRIL, 2024, for architectural
standards similar to The Knolls Development. The Westlake Ventanas Architectural Standards is
attached hereto as EXHIBIT “C” for all purposes and references and all such standards shall be
enforced by the Architectural Control Committee (the “ACC”) as described in the Architectural
Standards. All future development or modifications to buildings and structures within the
Development shall be in conformance with and shall adhere to the Architectural Standards. The
Parties acknowledge and agree that the Architectural Standards satisfies all obligations of the
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 14 of 27
Developer to provide certain standards for architecture, landscape architecture, and other matters
of aesthetics and visual quality as ordained by Ordinance No. 959 and Ordinance No. 994. The
Parties further acknowledge and agree that the Development is an area of architectural significance
as contemplated by the provisions found in Chapter 3000 of the Texas Government Code, as
amended. Also, the covenant to develop and modify buildings and structures within the
Development in accordance with the Architectural Standards is with the irrevocable and voluntary
consent of the Developer in accordance with the provisions as found in Section 3000.002 (d) of
the Texas Government Code, as amended. The Developer acknowledges and agrees that the
consideration described herein shall constitute adequate consideration for such voluntary consent.
PARAGRAPH 4.02. Any request by the Developer, or their successors and assigns, or
any property owner to modify or deviate from the Architectural Standards shall require a public
hearing (e.g., a recommendation provided by the Planning and Zoning Commission and a decision
made by the Town Council to approve, to approve with modifications, or to deny) pursuant to the
Code of Ordinances for the Town. FURTHER, IT IS ACKNOWLEDGED BY THE PARTIES
THAT, WHERE THE PROVISIONS IN THE ARCHITECTURAL STANDARDS ARE
SILENT, THE PROVISIONS IN THE PD 1-2, PLANNED DEVELOPMENT DISTRICT 1-
2, AS AMENDED, SHALL GOVERN. WHERE THE PROVISIONS IN THE AFORESAID
PD 1-2, PLANNED DEVELOPMENT DISTRICT 1-2, AS AMENDED, FOR WESTLAKE
ENTRADA ARE SILENT, THEN THE APPLICABLE PROVISIONS OF THE CODE OF
ORDINANCES FOR THE TOWN SHALL PREVAIL. UNLESS SPECIFICALLY
STATED OTHERWISE IN ORDINANCE NO. 994 AS APPROVED BY THE TOWN
COUNCIL ON THE 1ST DAY OF APRIL 2024, OR THE AFORESAID PD 1-2, PLANNED
DEVELOPMENT DISTRICT 1-2 FOR WESTLAKE ENTRADA, IN THE EVENT OF
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 15 of 27
ANY CONFLICT BETWEEN THOSE TWO (2) DOCUMENTS AND THE PROVISIONS
OF THE CODE OF ORDINANCES FOR THE TOWN, THE PROVISIONS IN THE CODE
OF ORDINANCES FOR THE TOWN SHALL GOVERN.
PARAGRAPH 4.03. With respect to any buildings and structures designed or constructed
on the Property and as part of the Development pursuant to this Agreement, the Developer hereby
waives any right, requirement or enforcement of the provisions of Section 3000.001-3000.005 of
the Texas Government Code, as amended.
ARTICLE V.
COMPLETION OF AGREEMENT
This Agreement shall not be considered complete unless and until:
PARAGRAPH 5.01. All public improvements and infrastructure are finished, completed,
and accepted by the Town.
PARAGRAPH 5.02. The lighting plan is reviewed, approved, and installed in accordance
with said plan and accepted by the Town.
PARAGRAPH 5.03. All terms and conditions of this Agreement shall be satisfied.
PARAGRAPH 5.04. All Improvements shall be finished, completed, and accepted by the
Town.
PARAGRAPH 5.05. The lighting plan as required and defined by applicable regulations
in the Code of Ordinances of the Town is reviewed, approved, installed, and accepted by the Town.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 16 of 27
PARAGRAPH 5.06. Record drawings for all streets, utilities, and other infrastructure in
the Development, including street lighting, shall be (i) certified by the Developer’s engineer and
(ii) accepted by and filed with the Town Engineer and provided in the following format:
a. Three (3) sets of record drawings;
b. Digital record drawings with GIS spatial data and coordinates compatible
with the latest version of ArcGIS Pro;
c. Digital record drawings compatible with the current version of AutoCAD;
and;
d. Digital record drawings in PDF format.
PARAGRAPH 5.07. All fees required by the Town and all other entities with review and
permitting jurisdiction for the Improvements or the Development shall have been paid.
PARAGRAPH 5.08. Original Maintenance Bonds shall have been provided and any other
bonds required for the completion of the Improvements.
PARAGRAPH 5.09. Lien release(s), affidavits of all bills paid, and claims have been
provided.
PARAGRAPH 5.10. All obligations and responsibilities of the Developer under the terms
and conditions of this Agreement, Ordinance No. 994 as approved by the Town Council on the 1ST
day of APRIL, 2024, those certain terms and conditions for development as set forth in Ordinance
No. 1001, approved by the Town Council on the 19TH day of AUGUST, 2024, and any other
codes, ordinances, regulations or standards adopted by the Town have been met.
ARTICLE VI.
USE OF PUBLIC RIGHT-OF-WAY
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 17 of 27
PARAGRAPH 6.01. The Parties agree that the Developer may provide unique amenities
within public right-of-way, including but not limited to landscape, irrigation, lighting, patterned
concrete, and other similar features for enhancement of the Development, subject to the review
and approval of the Town Manager. The Town Manager may defer review and approval of the
provision of unique amenities within the public right-of-way to the Town Council for their decision
(e.g., approve, approve with modifications, or deny). The Developer agrees to maintain these
amenities until such responsibility is turned over to the HOA. The Developer, and their successors
and assigns, acknowledge and understand that the Town is not responsible for the maintenance or
replacement of these amenities under any circumstances, and further agrees to indemnify and hold
harmless the Town and its employees and authorized agents from any and all damage, loss, or
liability of any kind whatsoever by reason of injury to property or third person occasioned by the
Developer’s use of the public right-of-way with regard to these improvements and the Developer
shall also, at their own cost and expense, defend and protect the Town and its employees and
authorized agents against all such claims and demands.
ARTICLE VII.
DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET
VARIOUS DEADLINES AND COMMITMENTS
PARAGRAPH 7.01. FAILURE TO PAY TOWN TAXES OR FEES. An event of default
shall occur under this Agreement if during the term hereof and after the expiration of any
applicable notice and cure period any legally-imposed Town taxes or fees owed on, or generated
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 18 of 27
by, the Developer or one of its Affiliates with regard to the Development become delinquent and
Developer or the Affiliate does not either: (i) pay such taxes and any associated penalties within
30 days of receipt of notification of such delinquency; or (ii) has not commenced the legal
procedures for protest and / or contest of any such taxes within 30 days of receipt of notification
of such delinquency. If the default has not been cured by such time, the Town shall have the right
to terminate this Agreement by providing ten (10) days’ written notice to the Developer and shall
have all other rights and remedies that may be available to it under the law or in equity.
PARAGRAPH 7.02. VIOLATIONS OF TOWN CODE, STATE OR FEDERAL LAW.
An event of default shall occur under the terms and conditions of this Agreement if, during the
term hereof and after the expiration of any applicable notice and cure period, that any written
citation is issued to the Developer or their Affiliates due to the occurrence of a violation of a
material provision of the Town Code of Ordinances with respect to the Development (including,
without limitation, any violation of the Building Code, Fire Code, and any other violations related
to the environmental condition of the Development or to matters concerning the public health,
safety, or welfare) and such citation is not: (i) paid before it is delinquent; or (ii) the recipient of
such citation does not properly follow the legal procedures for protest and/or contest of any such
citation within the deadlines set forth in said citation. An event of default shall further occur under
this Agreement if the Developer is in violation of any material state or federal law, rule or
regulation on account of the Development, improvements in the Development or any operations
thereon (including, without limitation, any violations related to: (i) the environmental condition of
the Development; (ii) the environmental condition on other land or waters which is attributable to
operations of the Development; or (iii) to other matters concerning the public health, safety or
welfare related to the Development). Upon the occurrence of such default, the Town shall notify
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 19 of 27
the Developer in writing and Developer shall have (i) thirty (30) calendar days to cure such default
or (ii) if Developer has diligently pursued cure of the default but such default is not reasonably
curable within thirty (30) calendar days, then such amount of time as determined by both Parties
mutually and in good faith necessary to cure such default. If the default has not been fully cured
by such time, the Town shall have the right to terminate this Agreement with ten (10) days notice
by providing written notice to the Developer and shall have all other rights and remedies that may
be available to under the law or in equity.
PARAGRAPH 7.03. GENERAL BREACH. Unless stated elsewhere in this Agreement,
the Developer shall be in default under this Agreement if the Developer breaches any material
term or condition of this Agreement. In the event that such breach remains uncured after thirty
(30) calendar days following receipt of written notice from the Town referencing this Agreement
(or, if the Developer has diligently and continuously attempted to cure following receipt of such
written notice but reasonably requires more than thirty (30) calendar days to cure, then such
additional amount of time as is reasonably necessary to effect cure, as determined by both parties
mutually and in good faith), the Town shall have the right to terminate this Agreement with ten
(10) days’ notice by providing written notice to Developer.
ARTICLE VIII.
NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
PARAGRAPH 8.01. It is expressly understood and agreed by the Parties hereto that the
Developer shall not operate as a servant, contractor agent, representative or employee of the Town.
The Developer shall have the exclusive right to control all details and day-to-day operations related
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 20 of 27
to its operations and obligations that it is required to perform under the terms and conditions of
this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, subcontractors, licensees and invitees. The Developer acknowledges that
the doctrine of respondeat superior will not apply as between the Town and the Developer, or the
Town’s officers, agents, employees, contractors, subcontractors, licensees, and invitees. Further,
the Developer agrees that nothing contained in this Agreement shall be construed as the creation
of a partnership or joint enterprise between the Town and the Developer of any kind.
ARTICLE IX.
INDEMNIFICATION AND INDEMNITY AGAINST NEGLIGENT DESIGN
PARAGRAPH 9.01. THE DEVELOPER, AT NO COST OR LIABILITY TO THE
TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS, SERVANTS AND
EMPLOYEES (TOGETHER WITH THE TOWN, EACH A “TOWN INDEMNIFIED
PERSON”) HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES RELATED THERETO, INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO THE DEVELOPER’S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT RELATE TO, ARISE OUT OF OR ARE OCCASIONED BY (i) THE
DEVELOPER’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 21 of 27
OF THE DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS,
AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTORS), OR
SUBCONTRACTORS DUE OR RELATED TO, FROM, OR ARISING FROM THE
OPERATION AND CONDUCT OF ITS OPERATIONS AND OBLIGATIONS OR
OTHERWISE TO THE PERFORMANCE OF THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL
REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING
OUT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN
ENGINEER OR ANY TOWN INDEMNIFIED PERSON.
PARAGRAPH 9.02. APPROVAL OF THE TOWN ENGINEER OR OTHER
TOWN EMPLOYEE, OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY
PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER UNDER
THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE
OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, ITS ENGINEER,
CONTRACTORS, EMPLOYEES, OFFICERS, OR AGENTS FOR THE ACCURACY
AND COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL
SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, ITS OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE INTENT OF THE PARTIES
THAT APPROVAL BY THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, OR OFFICER SIGNIFIES THE TOWN APPROVAL OF
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 22 of 27
ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE
CONSTRUCTED. IN THIS CONNECTION, THE DEVELOPER SHALL INDEMNIFY
AND HOLD HARMLESS EACH TOWN INDEMNIFIED PERSON, FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY
AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY
ARISE OUT OF ANY NEGLIGENT DESIGN OF THE ENGINEER INCLUDED IN
DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS
CONSTRUCTED IN ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL
DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT
AGAINST ANY TOWN INDEMNIFIED PERSON, ON ACCOUNT THEREOF, TO PAY
ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY
OR RENDERED AGAINST THEM, COLLECTIVELY OR INDIVIDUALLY,
PERSONALLY OR IN THEIR OFFICIAL CAPACITY, IN CONNECTION HEREWITH;
PROVIDED THAT DEVELOPER SHALL HAVE THE RIGHT TO SELECT COUNSEL
OF ITS OWN CHOOSING AND SHALL HAVE ALL REQUISITE AUTHORITY TO
ENTER INTO ANY SETTLEMENT AGREEMENT AT ANY TIME IN CONNECTION
WITH ANY SUCH CLAIMS OR LIABILITIES FOR WHICH DEVELOPER OWES
INDEMNITY UNDER THIS SECTION.
PARAGRAPH 9.03. NOTWITHSTANDING THE FOREGOING, NOTHING IN
THIS ARTICLE SHALL REQUIRE THE DEVELOPER TO INDEMNIFY OR DEFEND
ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT
OF THE TOWN ENGINEER OR ANY TOWN INDEMNIFIED PERSON.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 23 of 27
ARTICLE X.
MISCELLANEOUS PROVISIONS
PARAGRAPH 10.01. NOTICES. All written notices called for or required by this
Agreement shall be addressed to the following, or such other party or address as either party
designates in writing, by certified mail, postage prepaid, reputable overnight delivery service, or
by hand delivery:
If to Developer: Otter Partners, LP
Attn: Frank Bonilla
18 Comillas
Westlake Texas 76262
With a copy to: Entrada Villa Partners, LLC
4110 Riverwalk Drive
Flower Mound, TX 75028
If to Town: Town of Westlake
Attn: Town Manager
1500 Solana Boulevard
Building 7, Suite 7200
Westlake, Texas 76262
With a copy to: Town of Westlake
Attn: Deputy Town Manager
1500 Solana Blvd.
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 24 of 27
Building 7, Suite 7200
Westlake, Texas 76262
With a copy to: Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Drive, Suite 108
Irving, Texas 75062
PARAGRAPH 10.02. ASSIGNMENT AND SUCCESSORS. The Developer may
not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to
any other person or entity without the prior consent of the Town Council. Any lawful assignee or
successor in interest of the Developer of all rights and obligations under this Agreement shall be
deemed the “Developer” for all purposes under this Agreement.
PARAGRAPH 10.03. COMPLIANCE WITH LAWS, ORDINANCES, RULES
AND REGULATIONS. This Agreement shall be subject to all applicable Federal, State and local
laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s
codes and ordinances, as amended.
PARAGRAPH 10.04. GOVERNMENTAL POWERS. It is acknowledged that, by
execution of this Agreement, the Town does not waive or surrender any of it governmental powers
or immunities that are outside of the terms, obligations, and conditions of this Agreement.
PARAGRAPH 10.05. NO WAIVER. The failure of either Party to insist upon the
performance of any term or provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that Party’s right to insist upon appropriate performance or to assert any such
right on any future occasion.
PARAGRAPH 10.06. VENUE AND JURISDICTION. If any action, whether real
or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 25 of 27
such action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed
in accordance with the laws of the State of Texas.
PARAGRAPH 10.07. NO THIRD-PARTY RIGHTS. The provisions and conditions
of this Agreement are solely for the benefit of the Town and the Developer, and any lawful assign
or successor of the Developer, and are not intended to create any rights, contractual or otherwise,
to any other person or entity.
PARAGRAPH 10.08. FORCE MAJEURE. It is expressly understood and agreed by
the parties to this Agreement that if the performance of any obligation hereunder is delayed by reason of
war, civil commotion, acts of God, inclement weather that prohibits compliance with any portion of this
Agreement, or other circumstances which are reasonably beyond the control or knowledge of the party
obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether
any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall
be excused from doing or performing the same during such period of delay, so that the time period
applicable to such requirement shall be extended for a period of time equal to the period such party was
delayed.
PARAGRAPH 10.09. INTERPRETATION. In the event of any dispute over the
meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and
reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this
Agreement.
PARAGRAPH 10.10. SEVERABILITY CLAUSE. It is hereby declared to be the
intention of the Parties that any sections, paragraphs, clauses and phrases of this Agreement are
severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be
declared unconstitutional or illegal by the valid judgment or decree of any court of competent
Resolution 25-04, Exhibit “A”
Westlake Ventanas - Development Agreement for Subdivision Improvements
Page 26 of 27
jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Agreement since the same would have been
executed by the Parties without the incorporation in this Agreement of any such unconstitutional
phrase, clause, sentence, paragraph or section. It is the intent of the parties to provide the economic
incentives contained in this Agreement by all lawful means.
PARAGRAPH 10.11. CAPTIONS. Captions and headings used in this Agreement are
for reference purposes only and shall not be deemed a part of this Agreement.
PARAGRAPH 10.12. ENTIRETY OF AGREEMENT. This Agreement, including any
attachments attached hereto, including the Requirements for Contractor’s Insurance and any documents
incorporated herein by reference, and the Economic Development Program Agreement, contain the entire
understanding and Agreement between the Town and the Developer, and any lawful assign and successor
of the Developer, as to the matters contained herein. Any prior or contemporaneous oral or written
Agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement.
Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in
writing by both parties and approved by the Town Council of the Town in an open meeting held in
accordance with Chapter 551 of the Texas Government Code.
PARAGRAPH 10.13. COUNTERPARTS. This Agreement may be executed in
multiple counterparts, each of which shall be considered an original, but all of which shall
constitute one instrument.
SIGNATURES ON FOLLOWING PAGE
EXHIBIT “B”
PROPERTY DESCRIPTION
BEING, all of that 15.175 acre (661,028 square foot) tract of land situated in the C.M. Throop
Survey, Abstract 1510, in the Town of Westlake, Tarrant County, Texas; being part of that tract of
land described in Special Warranty Deed to Texas Holdco LLC as recorded in Instrument Nos.
D210070861 and D210070862 of the Official Public Records of Tarrant County, Texas; and being
part of Lot 2R1, Block 1, Westlake/Southlake Addition No. 1, an addition to the Town of Westlake
as recorded in Instrument Number D209080990 of the Plat Records of Tarrant County, Texas; said
15.175 acre tract of land being more particularly described by metes and bounds as follows:
COMMENCING, at a 1/2-inch iron rod with “HUITT ZOLLARS” cap found at the southeast
corner of said Lot 2R1; said point being the southwest corner of Lot 1R2, Block 1,
Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake as recorded in
Instrument Number D218212046 of the Plat Records of Tarrant County, Texas; said point being
the beginning of a curve to the right in the northeast right-of-way line of Solana Boulevard
(variable width right-of-way);
THENCE, in a northwesterly direction, with said curve to the right in the southwest line of
said Lot 2R1 and the northeast line of said Solana Boulevard, an arc length of 239.83 feet,
having a radius of 772.00 feet, a central angle of 17 degrees 47 minutes 58 seconds, and a
chord which bears North 72 degrees 59 minutes 47 seconds West, 238.87 feet to the POINT
OF BEGINNING;
EXHIBIT “B” – PROPERTY DESCRIPTION RESOLUTION 25-04
PAGE 2 OF 4
THENCE, with the southwest line of said Lot 2R1 and the northeast line of said Solana Boulevard,
the following three (3) courses and distances:
In a northwesterly direction, continuing along said curve to the right, an arc length of
346.60 feet, having a radius of 772.00 feet, a central angle of 25 degrees 43 minutes 26
seconds, and a chord which bears North 51 degrees 14 minutes 05 seconds West, 343.70
feet to a 1/2-inch iron rod with “HUITT ZOLLARS” cap found for corner;
North 38 degrees 22 minutes 22 seconds West, a distance of 233.71 feet to a 1/2-inch iron
rod found for corner at the beginning of a tangent curve to the left;
In a northwesterly direction, along said curve to the left, an arc length of 136.18 feet, having
a radius of 1,428.00 feet, a central angle of 05 degrees 27 minutes 50 seconds, and a chord
which bears North 41 degrees 06 minutes 17 seconds West, 136.12 feet to a point at the
most southerly southwest corner of said Lot 2R1; said point being the southeast corner of
Block I, Westlake Entrada, an addition to the Town of Westlake as recorded in Instrument
Number D217209886 of the Plat Records of Tarrant County, Texas;
THENCE, North 00 degrees 32 minutes 55 seconds West, with the west line of said Lot 2R1 and
the east lie of said Block I, a distance of 168.55 feet to an angle point for corner;
THENCE, North 51 degrees 27 minutes 05 seconds East, continuing with the west line of said Lot
2R1, a distance of 694.14 feet to a point for corner;
EXHIBIT “B” – PROPERTY DESCRIPTION RESOLUTION 25-04
PAGE 3 OF 4
THENCE, South 38 degrees 32 minutes 55 seconds East, departing the west line of said Lot 2R1,
a distance of 14.21 feet to a point for corner at the beginning of a non-tangent curve to the left;
THENCE, in a southeasterly direction, along said curve to the left, an arc length of 193.75 feet,
having a radius of 106.08 feet, a central angle of 104 degrees 38 minutes 52 seconds, and a chord
which bears South 04 degrees 28 minutes 37 seconds East, 167.92 feet to a point for corner;
THENCE, South 60 degrees 27 minutes 21 seconds East, a distance of 637.72 feet to a point for
corner in an east line of said Lot 2R1 and the west line of said Lot 1R2;
THENCE, South 29 degrees 41 minutes 02 seconds West, with the east line of said Lot 2R1 and
the west line of said Lot 1R2, a distance of 346.87 feet to a point for corner;
THENCE, South 44 degrees 43 minutes 11 seconds West, departing the east line of said Lot 2R1
and the west line of said Lot 1R2, a distance of 91.30 feet to a point for corner at the beginning of
a tangent curve to the right;
THENCE, in a southwesterly direction, along said curve to the right, an arc length of 201.17 feet,
having a radius of 314.00 feet, a central angle of 36 degrees 42 minutes 29 seconds, and a chord
which bears South 63 degrees 04 minutes 26 seconds West, 197.75 feet to a point for corner;
THENCE, South 81 degrees 25 minutes 42 seconds West, a distance of 72.18 feet to a point for
corner at the beginning of a tangent curve to the left;
EXHIBIT “B” – PROPERTY DESCRIPTION RESOLUTION 25-04
PAGE 4 OF 4
THENCE, in a southwesterly direction, along said curve to the left, an arc length of 137.15 feet,
having a radius of 136.00 feet, a central angle of 57 degrees 46 minutes 46 seconds, and a chord
which bears South 52 degrees 32 minutes 22 seconds West, 131.41 feet to a point for corner;
THENCE, South 23 degrees 39 minutes 01 seconds West, a distance of 68.43 feet to the POINT
OF BEGINNING and containing an area of 15.175 acres or 661,028 square feet of land, more or
less.
Exhibit "C" - Development Standards
WESTLAKE VENTANAS FINAL
DEVELOPMENT STANDARDS
January 2025
This document is intended to be a specific set of development terms and principles proposed for the development of Westlake Ventanas, a 15.2-acre tract parcel that fronts on Solana Boulevard and is located between the Entrada Development and Solana Boulevard.
GENERAL INFORMATION
Developer: Entrada Villa Partners, LLC
Community: Gated enclave of 51 custom villa homes walkable to Entrada
Product Type: Luxury Custom Villa Homes (a minimum of 3,600 square feet) 1 to 3 story massing, 2 to 4-car garages Higher security and lower maintenance typologies
Home Pricing: Estimated to be $2.4 to $4.5 million
Sales Program: Lot sales to local custom home builders with a limited offering to individuals
Access: Primary gated entrance from Solana Boulevard. Secondary Fire Access/Egress on to Campus Circle / Parking Lot
Community
Amenities: Internal Dog Park and Water Features
Community Fencing: The community’s Solana Boulevard frontage will be a continuation of the Entrada Screening and Landscape Pattern. The fence shall be located at the boundary of the Solana Boulevard buffer area and the development zone.
COMMUNITY INFORMATION
Homeowners’
Association: The community will be governed by a to-be-established Homeowner’s Association (“HOA”) that will be responsible for common area maintenance, private street maintenance, front yard maintenance and enforcing the Design Guidelines for the community.
Home Builders: An Approved Home Builder program will be established by the Developer with specific criteria that will limit home building to only approved custom home builders.
Exhibit "C" - Development Standards
Design Guidelines: The Westlake Ventanas Development Standards are intended to replace the standards for architecture, landscape architecture and other matters of aesthetics found in the existing PD 1-2 (Entrada) Design Guidelines and to incorporate distinct standards for architecture, landscape architecture and other matters of aesthetics that will produce a physical outcome and a quality of construction similar in style and nature to the Knolls for the land incorporated within Westlake Ventanas.
Architectural Review:An Architectural Control Committee (“ACC”) will be established through the HOA/Declarant that has approval authority over house designs prior to submittal for permitting. The ACC shall provide the Town of Westlake with a formal letter of approval of each house design when submitting to the appropriate department (or departments) for approval. Nothing contained within these Design Guidelines or the imposed by the ACC shall eliminate any building code requirements (including electrical, mechanical and plumbing), fire code, or other life safety requirements as adopted by the Town of Westlake.
LOT SPECIFICATIONS
Lot Density: 51 residential lots with typical lot dimensions of 60’ x 110’.
Lot Coverage: To follow PD 1-2 (Entrada) Standards
HOUSE SPECIFICATIONS
Minimum Size: All residences shall be a minimum of 3,600 square feet of air-conditioned living space.
Massing: To Follow either the established Entrada Design Guidelines or as amended for this phase of development only.
Building Height: Building height shall be limited to 45 feet to peak of highest rooftop.
Building Setbacks: Minimum building setbacks (i.e., build-to lines) shall be10 feet from the front and rear property lines and 5 feet from the side property lines.
Garages: To followthe established Entrada Design Guidelines, as applicable, or as amended for this phase of development only. In the event of any conflict between the Entrada Design Guidelines and these Design Guidelines established for Westlake Ventanas, these Design Guidelines shall control in matters of aesthetics for garages.
Roofs: Roofing materials shall be limited to concrete or clay tile, slate, or standing seam metal.
Exterior Walls: Exterior walls shall have horizontal and vertical articulation or architectural delineation on all building elevations (e.g., the front, sides, and rear).
Fences: All homes may have lot line fences comprised of metal picket. Only privacy
Exhibit "C" - Development Standards
fences comprised of metal picket shall be permitted on interior side lot lines to provide privacy to outdoor patio and pool areas.
Exterior Lighting: All exterior lighting shall be subdued, indirect, and comply with Town of Westlake Code of Ordinances, including all provisions for Dark Skies.
PARKS AND OPEN SPACE
Open Space: In following the Entrada standards, the Community will be providing Open Space as prescribed within PD 1-2. These open spaces include the two
Exhibit "C" - Development Standards
water features at the main entrance and the dog park near Solana Boulevard.
Parkland
Dedication: The open space described in these Design Guidelines shall satisfy all requirements for open space as mandated by PD 1-2 (Entrada) and any other requirements as found in the Town of Westlake Code of Ordinances, including the provisions found in Sec. 82-389 of the Town of Westlake Code of Ordinances. There shall be no other obligations of the Developer, the HOA and their successors and assigns to fulfill any requirements of Sec. 82-389 of the Town of Westlake Code of Ordinances and its successor codes or ordinances. Westlake Ventanas is part of PD 1-2 (Entrada) and benefits from the prior Parkland Dedication made by Maguire Partners as part of the 322 total residential unit count prescribed by zoning.
STREETS, PARKING, SIDEWALKS, TRAILS
Streets: All community streets in Westlake Ventanas shall be private and maintained by the HOA and constructed of asphalt with concrete outer bands and/or mountable curbs fronting the lots. All streets be no less than 31 feet in width (back-to-back) including a mountable concrete curb on both sides within a 31’ ROW.
Utility Easement: In addition to the street width, there will be a utility easement of up to 10 feet in width on each side of the street to provide for the Duct Bank.
Visitor Parking: The community is located immediately adjacent to an existing 401-space surface parking lot that can be utilized through valet for larger functions to be held by homeowners. In a departure from Entrada, the 31-foot-wide streets allow for safe and convenient on-street parking as needed.
Streetlights: Street lighting shall be privately-owned and maintained by the HOA, and shall be located at all corners and intersections. Lights shall be low pedestal type fixtures that comply with all Town of Westlake Code of Ordinances as well as follow Dark Skies Ordinance adopted by the Town of Westlake.
Sidewalks: No sidewalks will be constructed within Westlake Ventanas.
UTILITIES
Water: Town of Westlake
Sewer: Town of Westlake
Exhibit "C" - Development Standards
Storm Water: Combination of Curb and Gutter collection, underground storm water pipes, detention pond(s), and connection to the existing public street storm water system
Duct Bank: A Duct Bank system shall be installed by the Developer in a utility easement throughout the community as required by Town of Westlake Code of Ordinances. The home builder shall tie into the Duct Bank prior to making any request for a Final Inspection.
Development
Setbacks: Minimum building setbacks shall be10 feet from the front and rear property lines and 5 feet from the side property lines.
TREE MITIGATION
Tree Survey: A tree survey of the site was conducted by BGE in 2023 and is included with the completed PD Site Plan submittal made.
Tree Mitigation: The development plan has been carefully designed to minimize grade and tree disturbance other than for the creation of the private street and utility easement areas
ADMINISTRATIVE
Project
Consultants: Environmental Envirophase Geotech Alpha Environmental Site Plan BGE Civil Engineering BGE Survey BGE Tree Survey BGE
Disclaimer: This Development Plan is not intended to be, and does not constitute, a binding agreement by either party, nor an agreement by either party to enter into a binding agreement but is merely intended to specify certain of the proposed terms and conditions of a Development Plan or Agreement contemplated herein.
SUPPLEMENTAL DESIGN GUIDELINES TO BE INCLUDED AS
AMENDMENT TO EXISTING ENTRADA DESIGN GUIDELINES
Exhibit "C" - Development Standards
WESTLAKE
VENTANAS
SUPPLEMENTAL
DESIGN GUIDELINES
Any notice or information required to be submitted to the ACC under these Design Guidelines hereunder will be submitted to the Westlake Ventanas ACC at 65 Andorra, Westlake TX 76262.
Background
Westlake Ventanas is a master planned community located in Tarrant County, Texas. Lots (hereinafter "Westlake Ventanas") a subdivision in Tarrant County Texas, according to the plat Recorded under Document No. (the "Property"), are subject to the terms and provisions of that certain Declaration of Covenants, Conditions and Restrictions for Westlake Ventanas, recorded in the Official Public Records of Tarrant County, Texas (the
"Declaration"). Capitalized terms used but not defined in these Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
Architectural Control Committee (ACC) Article 7 of the Declaration includes procedures and criteria for the construction of improvements within the Westlake Ventanas community. Section 7.01 of the Declaration provides that no Improvements may be erected, placed, constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant, without prior written approval of the ACC. The ACC consists of three (3) members who have been appointed by Otter Partners,
LP a Texas Limited Liability Corporation (the "Declarant"). At least one member of the ACC shall be a licensed architect registered in the state of Texas. As provided in Article 7 of the Declaration, the Declarant has a substantial interest in ensuring that Improvements within Westlake Ventanas maintain and enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market and sell all or any portion of the community. The members of the ACC appointed by Declarant act solely in Declarant's interest and shall owe no duty to any other Owner or Westlake Ventanas Residential Community, Inc. (the "Association").
Governmental Requirements Governmental ordinances and regulations and the Planned Development zoning for Westlake Ventanas are applicable to all Lots. It is the responsibility of each Owner to obtain all necessary permits and inspections. Compliance with these Design Guidelines is not a substitute for compliance with the applicable ordinances and regulations. Please be advised that these Design Guidelines do
Exhibit "C" - Development Standards
not list or describe each requirement which may be applicable to a Lot within Westlake Ventanas. Each Owner is advised to review all encumbrances affecting the use and improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the ACC should not be construed by the Owner that any Improvement complies with the terms and provisions of all encumbrances which may affect the Owner's Lot. Certain encumbrances may benefit parties whose interests are not addressed by the ACC. All construction must meet applicable regulations of Federal, State, and local requirements, including but not limited to, applicable zoning, building construction codes, fire sub-code necessary for the intended use of any Lot. The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply with Applicable Law. It is the responsibility of the Owner to secure any required governmental approvals prior to construction on such Owner's Lot.
Interpretation In the event of any conflict between these Design Guidelines and the Declaration, the Declaration shall control. Capitalized terms used in these Design Guidelines and not otherwise defined in this document shall have the same meaning as set forth in the Declaration.
Amendments The ACC may amend these Design Guidelines from time to time. All amendments shall become effective upon publication to the community website. Amendments shall not apply retroactively so as to require modification or removal of work already approved and completed or approved and in progress. It is the responsibility of each Owner to ensure that they have the most current edition of the Design Guidelines and every amendment thereto.
Legal Description for the Westlake Ventanas Design Guideline Supplement
BEING, all of that 15.175 acre (661,028 square foot) tract of land situated in the C.M. Throop Survey, Abstract 1510, in the Town of Westlake, Tarrant County, Texas; being part of that tract of land described in Special Warranty Deed to Texas Holdco LLC as recorded in Instrument Nos. D210070861 and D210070862 of the Official Public Records of Tarrant County, Texas; and being part of Lot 2R1, Block 1, Westlake/Southlake Addition No. 1, an addition to the Town of Westlake as recorded in Instrument Number D209080990 of the Plat Records of Tarrant County, Texas; said 15.175 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING, at a 1/2-inch iron rod with “HUITT ZOLLARS” cap found at the southeast corner of said Lot 2R1; said point being the southwest corner of Lot 1R2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake as recorded in Instrument Number D218212046 of the Plat Records of Tarrant County, Texas; said point being the beginning of a curve to the right in the northeast right-of-way line of Solana Boulevard (variable width right-of- way);
Exhibit "C" - Development Standards
THENCE, in a northwesterly direction, with said curve to the right in the southwest line of said Lot 2R1 and the northeast line of said Solana Boulevard, an arc length of 239.83 feet, having a radius of 772.00 feet, a central angle of 17 degrees 47 minutes 58 seconds, and a chord which bears North 72 degrees 59 minutes 47 seconds West, 238.87 feet to the POINT OF BEGINNING; THENCE, with the southwest line of said Lot 2R1 and the northeast line of said Solana Boulevard, the following three (3) courses and distances: In a northwesterly direction, continuing along said curve to the right, an arc length of 346.60 feet, having a radius of 772.00 feet, a central angle of 25 degrees 43 minutes 26 seconds, and a chord which bears North 51 degrees 14 minutes 05 seconds West, 343.70 feet to a 1/2-inch iron rod with “HUITT ZOLLARS” cap found for corner; North 38 degrees 22 minutes 22 seconds West, a distance of 233.71 feet to a 1/2-inch iron rod found for corner at the beginning of a tangent curve to the left; In a northwesterly direction, along said curve to the left, an arc length of 136.18 feet, having a radius of 1,428.00 feet, a central angle of 05 degrees 27 minutes 50 seconds, and a chord which bears North 41 degrees 06 minutes 17 seconds West, 136.12 feet to a point at the most southerly southwest corner of said Lot 2R1; said point being the southeast corner of Block I, Westlake Entrada, an addition to the Town of Westlake as recorded in Instrument Number D217209886 of the Plat Records of Tarrant County, Texas; THENCE, North 00 degrees 32 minutes 55 seconds West, with the west line of said Lot 2R1 and the east lie of said Block I, a distance of 168.55 feet to an angle point for corner; THENCE, North 51 degrees 27 minutes 05 seconds East, continuing with the west line of said Lot 2R1, a distance of 694.14 feet to a point for corner; THENCE, South 38 degrees 32 minutes 55 seconds East, departing the west line of said Lot 2R1, a distance of 14.21 feet to a point for corner at the beginning of a non-tangent curve to the left; THENCE, in a southeasterly direction, along said curve to the left, an arc length of 193.75 feet, having a radius of 106.08 feet, a central angle of 104 degrees 38 minutes 52 seconds, and a chord which bears South 04 degrees 28 minutes 37 seconds East, 167.92 feet to a point for corner; THENCE, South 60 degrees 27 minutes 21 seconds East, a distance of 637.72 feet to a point for corner in an east line of said Lot 2R1 and the west line of said Lot 1R2; THENCE, South 29 degrees 41 minutes 02 seconds West, with the east line of said Lot 2R1 and the west line of said Lot 1R2, a distance of 346.87 feet to a point for corner; THENCE, South 44 degrees 43 minutes 11 seconds West, departing the east line of said Lot 2R1 and the west line of said Lot 1R2, a distance of 91.30 feet to a point for corner at the beginning of a tangent curve to the right; THENCE, in a southwesterly direction, along said curve to the right, an arc length of 201.17 feet, having a radius of 314.00 feet, a central angle of 36 degrees 42 minutes 29 seconds, and a chord which bears South 63 degrees 04 minutes 26 seconds West, 197.75 feet to a point for corner;
Exhibit "C" - Development Standards
THENCE, South 81 degrees 25 minutes 42 seconds West, a distance of 72.18 feet to a point for corner at the beginning of a tangent curve to the left; THENCE, in a southwesterly direction, along said curve to the left, an arc length of 137.15 feet, having a radius of 136.00 feet, a central angle of 57 degrees 46 minutes 46 seconds, and a chord which bears South 52 degrees 32 minutes 22 seconds West, 131.41 feet to a point for corner; THENCE, South 23 degrees 39 minutes 01 seconds West, a distance of 68.43 feet to the POINT OF BEGINNING and containing an area of 15.175 acres or 661,028 square feet of land, more or less.
Exhibit "C" - Development Standards
CHAPTER ONE
ARCHITECTURAL DESIGN
Overall Intent of the Architectural Guidelines The developer encourages the design of homes that are appropriate for the community's setting and location and to complement the surrounding natural environment. While there are no stylistic restrictions in Westlake Ventanas, homes should be visually connected through the use of similar materials and colors. These guidelines should be read in tandem with the Town of Westlake's Building Quality Manual. In the event where there is a conflict, the Building Quality Manual will rule.
Guideline Basics The essential mission of these Guidelines is to protect and enhance the value of the entire community. They have been created with the best of intent and draw from the experience of its authors and numerous successful communities of similar quality. The ACC has broad capacity to interpret the Guidelines to either stiffen or relax requirements based on its mission to realize the intent of these Guidelines over and above the enforcement of the quantitative requirements PROVIDED THE INTENT OF THE ZONING AND BUILDING QUALITY MANUAL ARE ENFORCED. Interpretations of the ACC shall always comply with the Town of Westlake's Building Quality Manual, Zoning and Ordinances. . The applicable departments of the Town of Westlake shall only be responsible for reviewing and approving the design and construction of homes for compliance with the building code (including the electrical, mechanical and plumbing codes), the fire codes and any other life safety codes as adopted by the Town. Where this document, these Design Guidelines for Westlake Ventanas, does not reference any paragraph, sentence, clause or other provision of Ordinance 760, these Design Guidelines for Westlake Ventanas shall prevail and govern. These Design Guidelines shall not prevail over any provision of the Town of Westlake Code of Ordinances unless specifically expressed and provided for such herein.
Exhibit "C" - Development Standards
Maximum Height Limitation
Homes at Westlake Ventanas are generally to be limited to three stories and/or 45 feet in height (above finished grade). Single story homes are also welcomed. Homes at Westlake Ventanas are required to be composed of attached simple volumes that move up and down with the topography. Therefore, the Maximum Building Height is determined at multiple points on each home on a volume by volume basis. The ACC will have final say in the determination of what constitutes the delineation between volumes. Unless otherwise approved in advance by the ACC, no building or residential structure may exceed three stories or forty-five feet (45') in height as measured from existing grade to the midpoint of the highest pitched or hipped roof above. The measurement locations will be chosen by the ACC based upon which points are most restrictive, however the measurement shall exclude grades where walk out basements exist. Views are neither guaranteed, preserved, nor protected within Westlake Ventanas.
Exhibit "C" - Development Standards
General Massing Requirements The general form and massing of homes in Westlake Ventanas are to reflect a residential scale that achieves the following:
• Responds to natural conditions such as topography
• Works within the structural limits of stone, wood and other natural materials.
• Is composed of multiple, simple volumes with discrete roofs. The design for a home in Westlake Ventanas must therefore accomplish the following:
• Appear residential in scale.
• Be composed of multiple, simple volumes as appropriate for the scale of a home.
• Arrange those volumes with balance and rhythm.
• Incorporate roof forms that step down from a dominant, usually central volume.
• Express the nature and organization of the home's interior spaces through articulation of volumes and fenestration patterns.
• Step up or down with grade using variation in the heights of foundations, walls and roof forms such that the structure appears integrated into its natural setting.
• Include covered and/or uncovered spaces such as balconies, courtyards and porches that enhance the composition of the larger volumes of the home.
• Include the garage in the composition such that it appears subordinate to the rest of the home.
Exhibit "C" - Development Standards
Exhibit "C" - Development Standards
Roofs
Roofs are generally required to be simple in form and appear logical to construct. Their design should not appear to be an afterthought to the design of the floor plan. Roof forms are limited to gable, shed and hip forms with dormers as secondary forms. Flat and curved roofs are also acceptable.
Mansard roofs are not permitted. No more than 50% of the total roof may be designed as a single plane. No more than 75% of the roof may be designed as a single gable; the ACC may reduce this maximum requirement for particularly large homes as it deems necessary. A shed dormer may not exceed 2/3 of the area of the roof plane to which it is attached. Dormers must be functional to allow actual window openings and head heights for upper-level spaces as well as bring light into first floor spaces; "false" dormers are prohibited. . .
[]
Exhibit "C" - Development Standards
THE ABOVE DIAGRAM ILLUSTRATES ROOF BREAKS
Garages Front facing garage doors are allowed if located, a minimum of 20 feet from the front property line. Side entry garages and/or motor court setting with a side entry garage can be constructed on the build line (10 feet from property line). Car ports are permissible provided that they are architecturally consistent with the rest of the home and landscaping is used to screen the paved area. Car ports should not be used to reduce or eliminate the garage requirement. Provide architectural elements such as recessed doors, awnings and single-stall doors to articulate garage elevations.
Chimneys and Other Vertical Elements
Chimneys are important elements in the overall formal composition of homes at Westlake Ventanas. They are required to be expressed as if they are serving a wood burning fireplace in scale and height. When adjacent to an exterior wall, the chimney must start at grade, be offset from the exterior wall a minimum of 1 foot and be of sufficient height to serve a wood burning fireplace, even in situations when there is a gas appliance in lieu of a traditional firebox. Spark arrestors must be shielded from view with an architectural chimney cap. Vents for direct vent fireplaces should not face the street. Plumbing vents should be minimally visible from the street as determined by the ACC. If there must be a vent visible to the street, then it should blend in color with the roof.
Exhibit "C" - Development Standards
Detached I Ancillary Structures
Detached garages, guest houses, home offices, art studios, playhouses, garden sheds and other ancillary structures are encouraged. They must, however, be designed as part of a composition with the primary structure, subordinate in scale and consistent with its architectural vocabulary. Further, no detached: ancillary structure shall be used for any purpose or activity that is inconsistent with or prohibited by, any provision of zoning for Westlake Ventanas. In most circumstances, the Enclosed Area of detached structures shall be limited to 400 square feet. In no event will the total square footage of any approved accessory structure be interpreted to reduce the minimum square footage requirements of the principal residential structure as set forth in these Design Guidelines. Detached structures must be consistent in massing, materials and style with the primary structure and are, in general, also subject to these Guidelines. Ancillary structures and buildings must be set back a minimum of 5 ft. from the side and rear property line and at the build line on the front of the lot and not within any easements.
Fenestration
Windows and doors must be designed in scales and patterns that are both complimentary to the form of the home and expressive of the internal organization of the home. In combination with the form of the various components of the building, an observer of the exterior of the home should largely be able to identify the functions of the rooms behind the windows. Window and door patterns are to be characterized by simple forms and a high level of detail.
Exhibit "C" - Development Standards
Front doors are to be of high quality and craft and consistent with the requirements for simple forms and patterns for the rest of the architecture of homes in Westlake Ventanas.
Windows Rectangular or square windows are encouraged. Special exceptions may be granted by the ACC for horizontal or banded windows when deemed appropriate to the style of the proposed architecture provided that the style meets ACC approval. Arched windows are permissible only in areas such as stone walls where they are consistent with a structural or load bearing expression. Glass block is prohibited for all exterior applications. Double hung, single hung, casement, awning and fixed windows are appropriate. Divided lite patterns are encouraged. The ACC may also approve - as an alternative - gangs of fixed or single hung windows that create a similar effect. "Snap-in" or removable mullions are not permitted. Approved window materials include wood, metal-dad, steel, aluminum or fiberglass clad. At a minimum, windows must be double-paned. Glass may be coated or tinted to control heat gain, but reflective and etched glass surfaces are prohibited. Commercial storefront window systems are allowed provided they are used in floor to ceiling glazing conditions. Metallic finishes such as dear-anodized aluminum are not permitted. Owners will be required to submit proposed manufacturers at final design review. Windows that are set in stone, brick, or stucco walls must be recessed a minimum of 3 inches. The expression of structural headers over windows is encouraged.
Doors Approved door materials include iron, wood, metal clad, steel, aluminum or fiberglass clad. Materials that appear artificial are prohibited. Owners will be required to submit proposed manufacturers at final design review. Doors that are set in stone, brick, or stucco walls must be recessed a minimum of 3 inches. The expression of structural headers over doors is encouraged. Doors shall have a minimum 8'-0" height.
Exhibit "C" - Development Standards
All elevations must have sufficient fenestration to create visual interest and to prevent the appearance of blank wall areas. Windows and doors must be balanced such that the majority of openings are not concentrated on single elevations. Large door and window openings are encouraged to connect interior spaces with outdoor living areas such as porches and courtyards. In some cases, glazing from floor to ceiling may be appropriate. Trim is to be consistent in material, color and proportion with the details of the rest of the structure.
Windows and SkylightsThe solar orientation of windows must be considered in their design. On south and west facing exposures, appropriate overhangs in the form of shed roofs or extended overhangs are recommended. In general, dormers are preferred over skylights. Skylights are, however, permitted provided that they are (1) located in areas that cannot be seen from the street, (2) utilize flat glass in lieu of the older plastic "bubble" designs and (3) are colored to match the roof. Window colors are to be complimentary to the color palette of the rest of the home and are to be drawn from the following: bronze, copper, brown or other earth tones, black.
Doors Hardware for exterior doors including hinges, latches, handles and pulls must be chosen for their high quality and artistic expression. Wrought iron, bronze, copper, satin nickel or similar materials are required.
Exhibit "C" - Development Standards
In particular, the main entry door is subject to special review to ensure that it is in keeping with the community's high standards of quality and consistent with the overall design of the home. Art glass may be included but is also subject to similar special review. Doors are to be stained or painted (with the exception of glass and some types of metal doors). Color used to emphasize a home's front door is allowed.
Garage Doors Single-wide garage doors are preferred over double-wide. Garage doors must be made of materials and include details that are commensurate with the high standards of these Design Guidelines. Garage doors shall be made of sectional wood, or be wood clad, or glass and steel. Garage doors shall be recessed a minimum of six inches from the plane of the adjacent wall. Garage doors must be clad with wood or metal that coordinate with the exterior materials and windows and doors on the house. Metal-framed doors with frosted glass panels are also allowed. Owners will be required to submit proposed manufacturers at final design review. Double-wide doors are permitted provided that the garage doors are set back from the street a minimum of 10'-0" from the front yard setback or face the side yard and that the door is designed with cladding that visually minimizes the width of the door. Doors are to be stained or painted or may be clad to match windows and are to be either the same color as the exterior siding or a slightly darker color that is still within the generally approved earth tones and hues.
Exterior Finish Materials and Details
The exterior finish materials and details of homes in Westlake Ventanas must appear to be natural. The application of exterior materials and details must be coherently applied across the entire home in a manner consistent with the overall stylistic intent of the design. All materials are to be used in such a manner as to appear structurally correct. Stone walls and columns, timber post, beams and trusses and other structural elements must appear to be self-supporting and/or appropriately massive for their task.
Exhibit "C" - Development Standards
Material changes must occur at logical transition points. Vertical transitions must occur at inside corners and horizontal transitions must occur at appropriate heights with dividing ledge stone or trim materials. Some appropriate locations for horizontal transitions include second floor finish floor elevations and windowsills and foundations. Connection details must be appropriately authentic. Materials shall express appropriate weight and dimension.
Foundations
All property owners are required to provide a geotechnical report from a licensed provider on which their foundation design is to be based.
Exhibit "C" - Development Standards
Foundation walls that are above grade by more than 6 inches must be clad with stone or other suitable finish material. Faux stone is prohibited. Foundation vents must either be concealed in some fashion or be made to be decorative. Plastic or galvanized metal vents are prohibited.
Exterior Siding Materials
The predominant materials to be used for exterior walls at Westlake Ventanas are to be stucco, brick and stone. Wood may be used as an accent material but should be limited. Wood is to be finished to take advantage of its natural grain. Wood and stone colors and patterns must complement the surrounding natural environment.
Homes at Westlake Ventanas may not use more than three major exterior wall materials.
Wood Siding Materials Wood must be stained, not painted, such that the natural grain shows through. Synthetic wood products are permitted provided that they are of sufficient quality and design to appear real. Some approved manufactures include James Hardie, Geolam, and Cali Bamboo. Builders are required to provide samples for alternative materials. Owners will be required to submit proposed materials including required trim and accessory components at final design review.
Exhibit "C" - Development Standards
Log homes are not permitted in Westlake Ventanas. Plastic and PVC trim is prohibited.
Stone In general, cladding whole masses is preferred over wainscoting. When used, stone wainscoting must be either discontinuous or varied in height. Stone wainscoting must have a ledge stone cap or coping. Openings for windows must include sufficiently massive lintels to appear structural. As an alternative, arched openings are permissible provided that the stonework is applied to appear structurally correct. Owners will be required to submit proposed materials including required trim and accessory components at final design review. Stone is subject to the following requirements:
• No faux stone with the exception of ‘Stone Coat’ or similar limestone-based materials as allowed in Entrada
• Stone must appear to be indigenous and work within the overall color palette. River rock is prohibited.
• Stone must appear to start below grade and be designed to appear structural and not a thin veneer.
• Stone must also appear to be load-bearing. The longest dimension should predominately run horizontally.
• Although thin veneer stone applications are not prohibited, they are required to be detailed such as to appear at least full bed depth.
Exhibit "C" - Development Standards
Stucco Portland cement stucco is allowed in Westlake Ventanas. Exterior Insulating Finishing Systems (E.I.F.S.) or other comparable imitation or synthetic products are not allowed. Owners will be required to submit proposed materials including required trim and accessory components at final design review.
Exhibit "C" - Development Standards
Metal Siding Non-reflective metal materials are permissible as an exterior siding material but is limited to coverage of no more than 20% of the total area of the exterior walls. Some approved materials include paint grip, copper, and zinc.
Exhibit "C" - Development Standards
Prohibited Materials The following materials are prohibited for use as siding:
• Plastics or Vinyls
• Plywood, T-111, OSB or other engineered wood sheet goods
• Composite shingles
• Wood shingles or shakes
• Masonite
Exhibit "C" - Development Standards
Roof Materials
Roofing materials are to be non-reflective, textured and a variegated dark color that is compatible with the surrounding natural environment. Their use should also be consistent with the practical requirements of the local environment. For example, shading large wall openings. Approved roofing materials include:
• Slate and high-quality faux slate tiles (DaVinci Roofscapes tile or equal)
• Flat and barrel clay tile
• Concrete tile (Monier Life tile or equal)
• Non-reflective standing seam metal (paint grip, copper, and zinc)
• Prefinished metal such as "Galvalume"
• Materials suitable for flat roofs such as TPO so long as they are not visible to a street. Prohibited roofing materials:
• All reflective metals including galvanized products
• Plastic shingles or tiles
• Wood shingles or shakes
• Metal panels designed to appear as other materials
• Composition shingles The ACC is, however, instructed to keep an open mind to advances in technology that may make some simulated materials sufficiently genuine in appearance. Owners will be required to submit proposed materials including required trim and accessory components at final design review. Flues, vents and other penetrations through the roof plane must be painted to match the roof if not enclosed in a concealing structure.
Exhibit "C" - Development Standards
Roof Colors Approved colors include:
• Earth and other muted forest tones
• Dark greens
• Variegated blacks
• Grey, blue, and green slate colors
• Copper (oxidized)
• Bronze
• Oxidized metals
• Prefinished metal such as "Galvalume"
Gutters and Downspouts
Gutters and downspouts are to be integrated into the overall design of the home in form, location and color. All downspouts shall occur at building corners unless the locations are part of a unique design intent.
Exhibit "C" - Development Standards
Plastic or other non-metal gutters and downspouts are prohibited. In locations where gutters are not used, the landscaping below the drip line must be reinforced with some form of decorative gravel or other means of preventing erosion. If a downspout drains to open ground, the receiving area must be similarly reinforced. Water should not be discharged onto adjacent lots. Paint grip, copper, and zinc are encouraged as materials. Pre-finished metal such as "Galvalume" is also allowed. Painted gutters and downspouts are discouraged.
Trim, Details, Texture and Ornamentation
A richness of architectural detailing is required in Westlake Ventanas. The selection of details has a major impact on the apparent style of the design. Details must be applied consistently on all elevations and in concert with the stylistic intent of the design. Refer Town of Westlake Building Quality Manual. Details must be substantial in scale relative to the structure and to their inherent structural properties. In all cases, elements that are structural or clad structural components must be scaled and detailed such that they appear functional and structurally appropriate. Some preferred details include:
• Exposed timber or steel, beams and trusses
• Corbels, brackets and kickers
• Exposed rafter tails
• Lintels or headers over opening in masonry walls (limestone, board- formed concrete)
• Architectural attic vents
• Flat roofs should be hidden behind parapets or provided with integral box gutters to provide seamless transitions with fasciae
• Highly crafted closure details
Exhibit "C" - Development Standards
Exhibit "C" - Development Standards
The ACC has wide latitude to ensure that an appropriate level of detail and ornamentation is included in proposed designs. The ACC must be the arbiter that determines the right balance between the poles of austerity and excess. The ACC will also determine whether or not an element appears to be structurally appropriate in scale and detailing for its apparent loads.
Porches I Balconies I Outdoor Spaces
Porches, balconies, and other forms of outdoor spaces that are an extension of the architecture of the home are encouraged. They must be designed to appear complementary and in appropriate proportion to the form to which they are attached or otherwise relate.
Exhibit "C" - Development Standards
The underside of balconies where visible must be finished comparably to eaves and overhangs of roofs. Minimum depth for porches shall be 6'-0" unless a Juliet balcony is installed for stylistic considerations. Porches, when low to the ground, must be designed to screen the view below the porch. Wood, plastic, or metal lattice is not permitted; similar skirting deemed not to be sufficiently substantial by the ACC is prohibited. Structural elements such as columns, braces and kickers must be designed to appear appropriately massive to carry their apparent load, even when non- structural. If constructed of wood, the stain colors must be equal to or complementary to the trim colors on the home. Similarly, stone used on porches must be consistent with the stone on the home.
Exterior Light Fixtures Exterior Light fixtures, both attached to the home and installed elsewhere on the site must be limited in their impact in order to preserve the nighttime dark sky by minimizing the
Exhibit "C" - Development Standards
visibility of the lamp or light source. They are to use low intensity, indirect light sources to the extent required for safety and subtle accenting of the architecture and landscape. The quality and style of the fixtures must be in keeping with the architecture of the home. Exterior lighting shall comply with the Town of Westlake's Dark Sky Ordinance. All exterior light fixtures must be shielded such that no direct light is allowed to exit the light fixture horizontally. Light from one property should not be allowed to spill onto an adjacent property . This includes security lighting operated by a motion sensor. Pole-mounted lights shall not be more than 8 feet tall. Lights mounted on masonry plinths and bollards are encouraged. Polished brass fixtures are prohibited. Wrought iron, bronze, copper, tarnished brass, and other non-reflective metals are encouraged.
The ACC will review exterior light fixtures with a high amount of scrutiny to ensure that their quality and design is commiserate with the overall requirements of these Guidelines and the home to which they are to be installed. Their scale must be appropriate to their use; oversized fixtures as determined by the ACC will be prohibited. Fixtures that are or appear to be hand crafted are encouraged.
Exhibit "C" - Development Standards
Miscellaneous Requirements
Trash storage, satellite dishes, meters and utility hook-ups and other such equipment are to be hidden from street view. Further, trash storage, and utilities as mentioned above, should be screened from adjacent properties if located in a side yard. Meters and utility hook-ups can be screened from view either by their location on the home or with landscape walls or similar structures. They must be shown on the elevations of proposed designs. Trash storage enclosures with doors easily accessible for the trash removal are required for each home at Westlake Ventanas. Each enclosure must be sized to contain at least one of the 20-gallon trash bins as required by the outside provider. Trash enclosures can either be attached to the home or free-standing. For security reasons, the trash storage enclosure must not be accessible from inside the home. Satellite dishes may not exceed 2 feet in diameter and must be approved specifically by the ACC prior to their installation. The ACC will work with the Owner to find a practical location that creates the least impact on neighbors and passersby. Potential satellite dish locations must be identified in all design submissions and then pre-wired during construction regardless of the owner's intent to have or not have satellite service.
Solar Applications Equipment used to capture the energy of the sun- such as photovoltaic panels or shingles and hot water collectors must be both integrated into the architecture and largely hidden from primary viewsheds. Windmills are prohibited. The ACC is instructed to support Owners and Architects who wish to integrate such panels and other equipment into their homes with as much flexibility as possible while maintaining its main requirement of mitigating any potential negative aesthetic impacts.
Exhibit "C" - Development Standards
THIS
...NOT THIS
Exhibit "C" - Development Standards
Combining Homesites Prior to combining two or more Homesites, approval is to be obtained from the Declarant during the Development Period or from the ACC thereafter. When combining two or more Home sites, the ACC will designate new Building and Landscape Envelopes and a new Maximum Enclosed Area. The ACC shall respect the Town of Westlake's zoning regulations.
Driveways and Address Markers
• Minimize visibility of paved areas from off-site through vegetative screening or low wall.
• Blend driveways into the terrain by following the natural grade.
• Utilize distinctive paving materials at motor-courts and parking areas.
• Minimize width of driveway at connection with street.
• Prevent cars from overhanging onto adjacent lots. Appropriate paving materials for driveways and auto courts include:
• Colored, stamped, exposed aggregate, broom finished and/or patterned concrete
• Pre-cast concrete pavers that are chosen to blend into the natural environment or to complement adjacent paving types in both color and pattern.
• Native stone
• Decomposed granite or decorative gravel with a concrete apron of at least 20 feet in length starting at the curb. Only use if grades allow.
• Turf block or similar structured turf in low volume areas.
• Colored gravels that complement the natural environment such as iron ore or pea gravel. Only use if grades allow.
Exhibit "C" - Development Standards
• Driveway gradients are not to exceed 12%.
• Provide wheel stops or curbs 18" from side lot line. Inappropriate paving materials include:
• Untextured, uncolored concrete
• Asphalt (unless banded or bordered with concrete)
• White, angular gravel
• Faux stone Driveways are encouraged to narrow at the driveway apron. Parking and turn- around areas must be screened from off-site views by supplementary plantings as approved by the ACC as part of the Landscape Plan. Neutra Modern House Numbers (6" tall) in any finish may be used for address markers.
Exhibit "C" - Development Standards
18 THIS MOTOR COURT IS SCREENED BY A LOW WALL
Driveway alignments, parking and garage layouts are to minimize visibility of garage doors, driveways, and parking from the street and adjoining Homesites. Plantings of trees, shrubs and other vegetation are to be incorporated to screen driveways, garages and motor-courts. and private drainage systems as shown in the community's grading plans.
Retaining Wails Minimize the use and height of retaining walls. Blend retaining walls with the natural topography. A series of shorter stacked walls is preferable over one tall wall. Construct retaining walls out of stone that is either locally sourced or appears to be indigenous. Board-formed concrete and cor-ten steel are also permitted where not visible to a street or common area.
Exhibit "C" - Development Standards
The tops of walls are to follow the natural contours as closely as possible. Ends of walls are not to end abruptly but are to create natural-looking transitions with existing landforms and vegetation and die into existing contours. See Attachment Two for rules regarding shared retaining walls and fences.
Drainage
• Maintain natural drainage patterns.
• Encourage on-site percolation.
• Minimize any potential for erosion.
• Direct runoff and respect public and private drainage easements, street, conveyance systems, as shown in the community grading plans. Drainage is to be designed by a professional engineer that is licensed by the State of Texas. Natural drainage courses and patterns are to be protected and maintained, wherever feasible. Impervious surfaces are to be minimized to the extent feasible to encourage water percolation into the ground. The use of more pervious (water permeable) materials, such as approved gravels or open-celled pavers is encouraged. Concentrated flows from impervious surfaces, roofs, and regrading must be collected and discharged to a street or common area. It may also be collected in an on-site rainwater collection system. Materials and sizes for all culverts, headwalls, visible drainage structures and driveways are to be approved by the Architectural Control Committee to ensure
Exhibit "C" - Development Standards
structures appear natural and "disappear" into the landscape. Stone-reinforced dry creek beds designed to carry water without causing erosion are encouraged in lieu or in combination with underground drainage structures. Drainage across or under driveways is to be incorporated into driveway and apron design and any culverts are be concealed with stone headwalls or similar treatments. Drainage design is to minimize any potential for erosion and consequent downstream water quality impacts.
Exterior Hardscape Design: Outdoor Stairs, Paths, Courtyards, Terraces
• Create outdoor "rooms" as extensions of indoor rooms.
• Appropriate paving materials for exterior hardscape areas include:
• Native stone
• Colored, stamped, exposed aggregate and/or patterned concrete
• Brick or pre-cast concrete pavers that are chosen to bend into the natural environment or to complement adjacent paving types in both color and pattern.
• Decomposed granite or gravel Inappropriate paving materials for exterior hardscape areas include:
• Clay tile
• Non-colored, non-patterned concrete
• Asphalt
• Asphaltic concrete
Exhibit "C" - Development Standards
Screen Walls, Fences and Gates
Construct high quality walls and fences out of stone, metal, or concrete in a design that is complementary to the architecture of the home. Fences, walls and gates are to relate to the residence and site topography. Fencing materials are restricted to steel picket or metal pipe rail and wire mesh in flat black color. Wood fences are prohibited. All fencing is limited to decorative steel picket or wire mesh. Each post shall have a decorative "cap." Living plant materials for screening is encouraged.
Transitions in fence and/or wall heights required by topography are to be gradually stepped. Solid screen walls are only allowed as extensions of the house and accessory structures. These extensions shall be restricted to the building envelope and not be located on any lot line.
Exhibit "C" - Development Standards
Appropriate wall types include:
• Cast in place concrete
• Low stone walls not to exceed 4 feet in height
• Wing wall extensions that match building materials
• Stucco on CMU Appropriate fence types include:
• Metal (maximum 6' height to horizontal top rail with%" minimum picket painted black or near-black. Picket spacing to be less than 6" on center.)
• Hedges used to disguise lower cost fences, particularly fences required for pets or around pools. Inappropriate fencing materials/types include:
• Exposed Concrete block
• Chain link
• Wood fences of any type
• Opaque fences of any type Dog runs are permitted within Westlake Ventanas, provided they are constructed of materials that are complementary to the principal building walls, site walls and/or landscape structures.
Exhibit "C" - Development Standards
Dog Runs shall be attached to residences and not free standing and are limited to an area of 200 square feet. Dog runs shall be screened from the street and adjacent lots and must be contained within the Building Envelope. Any side yard fence may be installed by the first homeowner and the subsequent homeowner shall share in cost by reimbursing the first homeowner by 50% of the portion on the common lot line. Retaining walls on the front of a Lot shall be constructed of the same stone used as the project stone which is Leuders Charcoal chopped typically as 6" height laid in horizontal coursing of generally 18" lengths. The retaining wall material shall blend with the improvements constructed by the Declarant. Stone for interior Lot line walls shall be Milsap charcoal stone, randomly coursed ashlar pattern with natural grey grout.
23 AN EXAMPLE OF GRANBURY CHOPPED STONE
Landscape Structures, Site Furnishings, Fire Pits and Outdoor Art
In general, the same Guidelines that apply to architecture apply to the design of landscape structures.
• Design landscape structures that appear as extensions and/or additional building components of the main Residence.
• Incorporate landscape structures such as trellises to help mitigate the climate and create shade, shadow and texture.
• Screen fire pits, outdoor art and other ornamentation from off-site views. Site furnishings, fire pits, outdoor art and landscape structures, such as arbors, gazebos, pavilions, porte cocheres, greenhouses and/or decks, are permitted within the Building Envelope. The height, color, materials, and style of outdoor structures are to be the same or similar to that of the Residence. Fire pits must be permanent and be designed to be complementary to the architecture and landscape architecture of the overall property. Any masonry used is subject to the same requirements for the use of stone as described in the preceding chapter.
Exhibit "C" - Development Standards
Basketball Goals and Sporting Equipment
Basketball goals, or backboards, or any other similar sporting equipment of a temporary nature, shall not be placed on any Lot or street or where same would be visible from an adjoining street or Lot without the prior written consent of the ACC. No permanent basketball goals or sport equipment will be allowed. The ACC shall have the authority to establish additional guidelines for the placement and design of basketball goals, backboards, or any other similar sporting equipment and the same shall be kept and maintained out of view from any street, except in accordance with any such established guidelines. Portable goals must meet the following criteria:
• The goal may be placed to the side of the driveway and maintained at all times in a full upright position and only between the hours of 7:00 am and 7:00 pm.
• The pole, backboard and net must be maintained in good condition at all times.
• Poles may not be installed facing the street.
• Goals may not be rolled into the street or any other public right-of-way.
Exhibit "C" - Development Standards
Playscapes and Sport Courts
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not be constructed on any Lot without the advance written approval of the ACC. The ACC may prohibit the installation of sports courts, tennis courts, playscapes or similar recreational facilities on any Lot. All sport courts shall follow the setback requirements for accessory buildings and accessory structures contained in these design guidelines. (minimum 5 feet from property line and not within any easement). Quantitative I Specific Requirements Playscapes or any similar recreational facilities must comply with all the following requirements:
• Must be located where the equipment will have minimum impact on adjacent Lots and be screened from public view.
• All playscapes or any similar recreational facilities equipment must be of earth tones colors, i.e., medium to dark greens, browns, and tans. Bright primary colors will not be permitted.
• Views of playscapes or any similar recreational facilities must be reduced from public streets and adjoining units whenever possible.
• Playscapes or any similar recreational facilities must be placed no closer than five feet (5') to any property line.
• Trampolines, whether portable or non-portable must be placed no closer than five feet (5') to any property line.
• Playscapes, playground equipment and trampolines are prohibited in the front yard. If approved, portable playscapes, including but not limited to, non-permanent and/or inflatable slides, moon bounces, water parks and above ground inflatable pools or kiddy pools (collectively "Portable Playscapes") must be stored in a screened area, the rear of the Lot, or inside the garage when not in use. In no event, shall any Portable Playscapes be visible from or in the front of any Owner's Lot for any period of time exceeding twenty- four (24) consecutive hours.
Water Features, Spas and Pools
• Locate pools, spas (hot tubs) and plunge pools so that their visibility is minimized from areas outside the Homesite.
• Design pools and water features that augment outdoor spaces and extend the architectural style of the Residence.
Exhibit "C" - Development Standards
Pools, spas and other water features are to be located within the Building Envelope, visually connected to the Residence and designed as an integral part of the house's exterior design. Water features such as small ponds, waterfalls and streams are to appear natural and not contrived . They must be made out of materials that appear indigenous to the site and be landscaped such that they appear to have occurred naturally. Swimming pools may only be located within the building envelope. Pool safety measures are to be taken in accordance with local governmental regulations. No swimming pool, spa and hot tub shall be located in the front or side yard on any Lot unless enclosed in a courtyard. Pool and spa covers are to be dark and muted in color to recede from view. Pools and spas are to be set down into the ground, terraces and/or decks. Above grade pools or spas are not permitted. Spa and water feature equipment enclosures may be in the side yard and are to appear as extensions of the home and/or located in underground vaults to contain noise. Solid noise absorbing covers for equipment may be required after installation if it is discovered that the equipment is audible from adjacent properties. The drains serving a swimming pool, spa and hot tub must be connected to street or private drainage systems.
Exhibit "C" - Development Standards
Planting Design
• Utilize new plantings to frame outdoor spaces, lessen the impact of new structures, screen use areas and preserve and extend the forest landscape.
• Use plants that are adapted to the climate, are less invasive and require less water and maintenance.
• Minimize the visibility of non-native plant materials, as viewed from off-site.
• Preserve and enhance the existing forest areas in the Natural Areas and existing high quality and larger trees in the Building Envelope and Landscape Area.
Each Lot shall be landscaped, at a minimum, with the following number of hardwood shade trees in the yard of each Lot - two (2) per Lot on all Lots other than
Exhibit "C" - Development Standards
corner Lots and four (4) per corner Lot (with two (2) in the front portion of the Lot, and two (2) in the side of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The hardwood shade trees required in the front yard of each Lot shall be no smaller in size than 3.5" caliper. After installation, landscaping (including temporary landscaping) shall be properly maintained at all times. Any Owner who wishes to plant one or more gardens upon their Lot must obtain the approval of the ACC of any such garden and must follow applicable requirements as to size of the Lot, visibility of the Lot from other Lots, streets or common areas, and such other matters as the ACC may specify in any written approval. Notwithstanding the foregoing, a minimum of one (1), three and one half inch (3.5") caliper trees from the Approved Plant List must be planted on each Lot in addition to the Front Yard Requirement. If existing protected trees are preserved in the front yard of a Lot, they can be used to satisfy this requirement. Manicured or groomed yards and non-native plantings are to be restricted to spaces confined by buildings, walls and plantings or other well-defined edges so as to not be visible from the street. Moving away from the house, towards the Natural Area, non-native planting areas are to gradually transition to a native landscape so that a buffer of native vegetation surrounds the Residence. Non-native plant species may not extend outside of the Building or Landscape Envelopes. Plant materials are to use a mix of sizes and be spaced in natural, informal patterns. Plant species should be drifted (grouped to replicate natural occurring masses of same-kind plant communities). Shrubs, ground covers and vines are to be used to soften and reduce the perceived height of foundation walls. Tree and shrub plantings are to be of a sufficient quantity and size to effectively continue the native forest canopy and under-story. Trees and other vegetation are to be planted so that they define outdoor spaces, buffer views of buildings and frame views. Cut and fill slopes are to be re-vegetated with plantings appropriate to the site (see Attachment 3) to blend them into the surrounding environment. Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker, illumination by light fixtures, the flow of air vents and air conditioner compressors as well as pedestrian and vehicular traffic. Plant materials are to be grouped according to water consumption needs. Areas of irrigated landscape are not to exceed 40% of the combined area of the Building and Landscape Envelopes. Xeriscaping is encouraged.
Exhibit "C" - Development Standards
Irrigation
• Minimize the amount of landscape irrigation required through water sensitive landscape design.
• Utilize automated irrigation systems that provide efficient water coverage and minimize water usage and runoff. Drip type systems are encouraged. Incorporate bubbler/drip irrigation systems that provide deep root-zone irrigation of trees and shrubs. Trees are to be irrigated on a bubbler/drip system except when planted in irrigated lawns. Note that introduction of irrigation lines may jeopardize existing trees. Trenching for irrigation lines is not to encroach within the drip line of existing trees unless required to maintain appropriate moisture content of soils around foundations. All permanent irrigation systems are to be below ground and fully automatic. Temporary irrigation systems are required at all revegetation areas. These systems are to be removed once plantings have been clearly established and after a minimum of one growing season. Black poly pipe is to be used for all temporary, above-ground irrigation systems. Group plant materials according to their water consumption needs. Mulch all new planting areas, including trees in lawn areas with a minimum of 3 inches to retain soil moisture, reduce erosion and provide for weed control.
Exterior Lighting
• Preserve the nighttime dark sky by minimizing the amount of exterior lighting.
• Utilize low intensity, indirect light sources to the extent required for safety and subtle visual effect.
• Avoid unnecessary illumination of structures. or the installation of Jelly Fish lights or similar products. Exterior lighting will be kept to a minimum and shall be subdued and indirect but consistent with good security practices. Such illumination shall be designed and installed so as to light only landscaping, driveway areas and walkways upon a Lot. Indirect sources and horizontal cut-off fixtures are recommended to reduce glare and provide general ambient light. Soffit or tree lights must be shielded or directed towards vegetation so as to eliminate glare and source visibility. Exterior lighting shall comply with Town of Westlake's Dark Sky Ordinance. No exterior light whose direct source is visible from a street or neighboring property, or which produces excessive glare to pedestrian or vehicular traffic will be allowed. Nuisance lighting and or glare must be avoided. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent or equivalent lumens. Building walls shall not be illuminated and light from landscape lighting may not illuminate building walls higher than four feet (4') above grade.
Exhibit "C" - Development Standards
Floodlights are prohibited. Exterior lighting in motor courts and over garage doors may/shall be motion detector activated and not installed higher than ten feet (10') above the grade of the driveway. All light sources must be fully shielded from view from adjacent property or right-of- ways. Decorative Light sources such as entry sconces must be shielded with frosted or translucent glass. Path lighting fixtures are to be a maximum height of 24 inches. Exterior lighting is to fall within the following wattage ranges:
• Architectural lights mounted to buildings and that are fully recessed, and downward facing are not to exceed 75 watts.
• All other architectural lights are not to exceed 40 watts.
• All landscape lights are not to exceed 20 watts.
Exterior Holiday Decorations Lights or decorations may be erected on the exterior of the principal residential structure in commemoration or celebration of publicly observed holidays provided that such lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent Owners. All lights and decorations must not be permanent fixtures of the principal residential structure without prior written approval of the ACC and shall be removed within thirty (30) days after the holiday has ended.
Air-Conditioning and Other Mechanical Equipment No air-conditioning apparatus may be installed on the ground in front of the principal residential structure or on the roof of the principal residential structure unless screened in a manner approved by the ACC. Ground level air conditioning units shall be installed at street level only. All mechanical equipment, including air- conditioning equipment, shall be located in a side or rear yard only and shall not be visible from streets or Common Areas.
Exhibit "C" - Development Standards
No window air-conditioning apparatus or evaporative cooler may be attached to any front wall or front window of the principal residential structure or at any other location where it would be visible from any street, any other Lot or any Common Area. Pool/spa equipment must be located behind walls or screened from view with landscape to contain noise.
Barbecue Grills Freestanding barbecue grills are permitted only if they are stored and used in the rear yard space of the Lot that is not visible from the street. BBQ grills may also be built into outdoor kitchens and the masonry and other materials shall match the materials used on the residence.
Exhibit "C" - Development Standards
CHAPTER THREE CONSTRUCTION GUIDELINES
Overall Intent The following restrictions shall apply to all construction activities at Westlake Ventanas. All construction shall comply with the adopted codes, ordinances, regulations and rules of the Town of Westlake; no construction, renovation or restoration of any building or structure shall occur without submitting the applicable plans and having the proper permit issued by the Town of Westlake. Any construction not permitted by the Town of Westlake shall be subject to enforcement and penalties as allowed for by the Town of Westlake Code of Ordinances. Periodic inspections by a representative of the ACC may take place in order to identify non-complying construction activities. If items identified as not complying with the regulations are not remedied in a timely manner, fines will be levied.
Erosion Control Installation and Maintenance It is the responsibility of each Owner to install erosion control measures prior to the start of construction and to maintain them throughout the entire construction process. Silt fencing installed to all applicable standards is required to be properly installed and maintained to protect the low sides of all disturbed areas, where storm-water will flow during construction. The purpose of the silt fence is to capture the sediment from the runoff and to permit filtered, clean water to exit the site. The Owner should anticipate that built- up sediment will need to be removed from the silt fence after heavy or successive rains, and that any breach in the fencing will need to be repaired or replaced immediately. If for any reason the silt fence is to be temporarily removed, please contact a representative of the ACC prior to the removal.
Security/Screening Neither the ACC, the Association, nor the Declarant shall be responsible for the security of job sites during construction. Temporary security fencing with screening around construction sites are mandatory for builders and owners and conform to ACC standards.
Construction Hours Unless a written waiver is obtained from the ACC, construction may only take place during the following hours: Monday through Friday from 7:00a.m. until 7:00p.m., and on Saturdays and Sundays from 9:00 a.m. until 6:00 p.m. or as regulated by the Town of Westlake if more restrictive.
Noise, Animals, Children The use of radios, tape and CD players must be restrained so as not to be heard on an adjoining Lot or street. Contractors andsubcontractors may not bring dogs to construction sites.
Exhibit "C" - Development Standards
Contractors and subcontractors may not bring children under 16 years of age to construction sites.
Material and Equipment Storage All construction materials and equipment shall be neatly stacked, properly covered and secured. Any storage of materials or equipment shall be the Owner's responsibility and at their risk. Owners may not disturb, damage or trespass on other Lots or adjacent property.
Insurance The ACC requires an Owner to procure adequate commercial liability insurance during construction naming the Association, the Declarant and the ACC as additional insureds, in an amount to be determined, from time to time by the ACC.
Site Cleanliness During the construction period, each construction site shall be kept neat and shall be properly policed to prevent it from becoming an eyesore. Owners and Builders shall be responsible for removing refuse and shall provide a container for debris and shall clean up all trash and debris on the construction site on a daily basis. Trash and debris shall be removed from each construction site on a timely basis. Lightweight material, packaging and other items shall be covered or weighted down to prevent wind from blowing such materials off the construction site. The dumping, burying or burning of trash is not permitted anywhere in Westlake Ventanas. It is imperative that, when moving heavy equipment around, precautions be taken to prevent damage to pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces. Mud, dirt and other construction debris that is tracked off site shall be cleaned on a daily basis.
Sanitary Facilities A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of construction workers and shall be screened from view in a manner approved in advance by the ACC. It should be installed on level ground, at the back of the lot unless it cannot be serviced and screened from view. A mockup construction wall shall be used to screen it if located in the front part of the lot.
Construction Parking Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be permitted to leak oil or otherwise damage or deface any street located within the community.
Exhibit "C" - Development Standards
Schedule of Fines Periodic inspections by a representative of the ACC may take place in order to identify non-complying construction activities. Listed below is the schedule of fines which may be assessed. Fine Schedule Premature Clearing $5000 Construction without ACC approval $5000 Encroachment on Adjacent Properties $5000 plus cost of repair Violation of rules, restrictions, or guidelines $500/day Failure to install or maintain erosion control measures $1000/day Sign violation $500/day *In the event, the Association or Declarant is required to repair, clean up or provide necessary service to bring the improvement into compliance, the Owner will be assessed the cost of repair, clean up, or service plus an additional 10% for time and service expended.
Duration of Construction The principal residential structure residence shall be complete and available for occupancy on or before eighteen (18) months after the commencement of construction and construction activity must be continuous. Additional extensions shall be determined by the ACC.
Exhibit "C" - Development Standards
CHAPTER FOUR DESIGN REVIEW PROCESS
Overall Intent The design review process has been developed to ensure that all new construction, alterations and renovations to existing buildings and major site Improvements conform to the guiding principles of Westlake Ventanas as outlined in the Design Guidelines. The design review process has been structured to eliminate excessive delays. The ACC suggests that property Owners begin the review process early to allow ample time to obtain required permits. When reviewing design and construction projects, the ACC will be looking for compliance with the principles outlined in this document. No plans shall be submitted to the Town of Westlake without being accompanied with written approval from the ACC.
Project Types for Review New Construction Construction of any new, freestanding structure, whether as a Residence, Accessory Structure, or landscape structure. Alterations, Additions or Rehabilitation of an Existing Structure Any new construction or rehabilitation to an existing building or landscape structure that alters the original massing, exterior finishes, window placement, roof design, exterior lighting, interior lighting visible from off-site and/or other significant design elements. Major site and/or landscape Improvements Any major Improvements or changes to Improvements, including, but not limited to, grading (for any excavation and/or fill involving more than 50 cubic yards of dirt), planting of non-native plants, tree removal, irrigation, swimming pools, driveways, fencing, paving and/or drainage, that alter an existing landscape. The ACC evaluates all development proposals on the basis of these Guidelines. Some of the Guidelines are written as broad standards and the interpretation of these standards is left up to the discretion of the ACC.
Design Review Process Overview Westlake Ventanas’ design review process, unless otherwise noted takes place in five steps. 1. Pre-Design Conference 2. Preliminary Design Review 3. Final Design Review 4. Construction Monitoring 5. Final Observation
Exhibit "C" - Development Standards
Any Improvement as described above will require and be preceded by the submission of plans and specifications describing the proposed Improvements and accompanied by an application fee. The Owner is to retain competent assistance from a licensed Architect, Arborist, Landscape Architect, Civil Engineer, Soils Engineer and a licensed and bonded Contractor (Consultants) as appropriate. The Owner and Consultant(s) are to carefully review the CC&R 's and the Guidelines prior to commencing with the design review process. Having secured final design approval from the ACC, the Owner is to also meet all submittal and approval requirements of the water utility company and the Town of Westlake Planning and Building Departments to obtain any necessary building permits. In accordance with the CC&Rs, the Owner is to commence construction within one year of final design approval and is to diligently pursue completion of construction within a year of start. Final landscape installation is to be completed within 3 months of occupancy. Written approval from the ACC is required in order for any construction and/or landscaping to extend beyond the time limits noted above. Design Review Process- Minor Improvements Minor Improvements (including, but not limited to, construction of, or addition to, fences, walls, and/or enclosure structures), which are being completed independent of any major Improvements, do not need to proceed through all four steps of the general design review process. Minor Improvements may generally be submitted as part of a two-step review process: 1. Final Design Review 2. Final Observation Specific submission requirements and fees will be determined on a case-by-case basis as required by the nature of the Improvement. Owners and/or Consultants should contact the ACC to verify whether an Improvement qualifies for the abbreviated design review process. Upon receipt of permission to proceed with an abbreviated process, the Owner and/or Consultant will obtain a list of specific submission requirements from the ACC. Exclusions to ACC review would be rehabilitation or maintenance of an existing structure or landscaping elements. For example; replacement of dead plant material with same or similar pre-approved plants; mulching or routine tree trimming; repainting same colors or routine maintenance of structure.
Actions and Approvals The ACC's actions on matters are to be by a majority vote of the ACC. Any action required to be taken by the ACC may be taken regardless of its ability to meet as a quorum, if a majority of the ACC is able to review the matter individually and come
Exhibit "C" - Development Standards
to a majority opinion. In such cases, the ACC shall make every effort to facilitate a discussion of the matter between all members through teleconferencing and/or other means of communication. The ACC will keep and maintain a record of all actions taken by it. If an Owner and/or Consultant disagrees with the ACC's written conclusions from a meeting, the Owner and/or Consultant should list specifically, in writing, which portions of the written record require clarification or correction. The ACC will then review the requested clarifications or corrections and either amend the record accordingly or let it stand, while noting the issues raised by the Owners and/or consultant(s). In the latter case, a subsequent meeting shall be held between the Owner and the ACC to resolve the difference in interpretation. However, the decision of the ACC will be final. After the Declarant has delegated to the Board the appointment of ACC members, any Owner may appeal ACC actions as described in the CC&Rs. The powers of the ACC relating to design review will be in addition to all design review requirements imposed by any other governing body with legal action.
Approved Design Professionals In addition to the Declarant, the design team is to be comprised of the following Consultants:
• Architect
• Landscape Architect
• Arborist
• Additional professional services such as Civil Engineer, as required.
Protocol for Approval of Architects Architects and Landscape Architects may work on a particular Homesite at Westlake Ventanas provided the conditions listed below are met.
1. Samples of previous residential work:
• The Architect is to provide the ACC with three recent examples of residential designs that would generally meet the Design Guidelines.
• The Architect is to provide the ACC with a list of residential clients, general contractors, structural and Civil Engineers (preferably three each) whom the ACC may contact as references.
2. Affidavit on compliance with regulations:
• The Architect is to review Westlake Ventanas Design Guidelines.
• The Architect is to review the zoning and building regulations for the town of Westlake.
• The Architect is to provide the ACC with a signed copy of the Affidavit,
Exhibit "C" - Development Standards
available from the ACC office, certifying that he/she has reviewed and understood the documents referred to above and will comply with their provisions.
3. Approval by ACC:
• The ACC shall have sole discretion to approve or disapprove any Architect submitted by an Owner. The ACC may disapprove an Architect if in the ACC's reasonable opinion, the Architect does not have the qualifications, training, license, experience or understanding of the design requirements to execute the design and construction of a residence at Westlake Ventanas.
• The ACC shall have the sole and absolute discretion to include an Architect on its list of Invited Architects. The approval of an Architect to design a particular residence for a particular client does not require the ACC to approve him/her for any other Owner.
Pre-Design Conference Prior to preparing any drawings for a proposed project, the Owner, Architect, Landscape Architect and any other key project team members are to meet with at least one member of the ACC or ACC Administrator to discuss the proposed project. During this meeting, the ACC will explain to the project team their responsibilities in implementing the Guidelines. This meeting will initiate the review and approval process and allow any questions regarding building requirements, interpretation of the Guidelines or the design review process to be resolved. The Owner may request that the meeting take place on the Homesite. Prior to the Pre-Design Conference, the Owner is to have engaged the services of an Architect and Landscape Architect and reviewed the Guidelines together with these Consultants. The Owner and Architect, at a minimum, are to attend this initial meeting. Additional information may be requested by the ACC as necessary to describe the project. The Pre-Design Conference may be scheduled by submitting the Pre-Design Conference Request Form at least ten (10) working days prior to the desired meeting date.
Preliminary Design Review Within six months of the Pre-Design Conference, the Owner is to submit a written application and preliminary design documents for Preliminary Design Review. A checklist of the required preliminary design documents follows. The Preliminary Design Review will insure that:
• All structures are sited to step with the topography, blend into the landscape and minimize grading and site impact.
• The transition between the building and the surrounding environment accomplishes the intent and specifics of the Guidelines.
• The roofs, massing, building materials, landscape materials and other site
Exhibit "C" - Development Standards
and architectural Improvements are consistent with any adjoining buildings and/or outdoor amenities and the Guidelines. Conceptual Submissions (optional)
Owners and / or design representatives may choose to submit sketches and / or conceptual
designs for ACC feedback prior to submitting for Preliminary Design Review.
Preliminary Design Review Submission Materials The Applicant is to prepare and submit to the ACC for review and approval a Preliminary Design Review package, which adequately conveys (as appropriate): existing site conditions, building orientation and design, vehicular and pedestrian access, the proposed use of exterior materials and colors, and conceptual landscape design. The package shall include one full-size sets and two sets of 11" x 17'' reductions of the drawings and/or materials listed below. The following list describes the information that will be required for new construction projects and for alteration, rehabilitation, or additions to an existing structure. New construction projects are to submit all items listed below. Submissions for additions to existing buildings need only submit items two (2) through six (6). Submissions for the alteration and/or rehabilitation of an existing structure and/or major landscape Improvements need only submit items five (5) and six (6). 1. Preliminary Design Review Application Form - A completed application form. (ATTACHMENT ONE)
2. Property Survey- (1" = 20'-0" minimum scale), a property survey prepared by a licensed surveyor indicating property boundaries; front, rear and side setbacks; the area of the property and Improvement Envelope; all easements of record; all existing 4" caliper and greater trees (as measured four (4) feet from the ground); and any significant drainages, as applicable.
3. Site Plan - (1" = 20'-0" minimum scale), showing existing topography and proposed grading and drainage (1' contour interval), building footprint with finished floor grades, driveway, parking area, drainage, fences, walls, patios, decks, pools and any other site amenities. Existing vegetation patterns, proposed clearance areas and trees to be removed and/or preserved are to be indicated.
4. Floor and Roof Plans- (1/8" = 1'-0" minimum scale, unless otherwise specified), including all proposed uses, proposed walls, door and window locations, overall dimensions, finished floor elevations, and total square footage for all floors of all structures.
5. Schematic Elevations- (1/8" = 1'-0" minimum scale), including Building Heights, roof pitch, existing and finished grades and notation of exterior materials . In addition to black and white elevations, one unbound set is to be rendered in color and illustrate shadows.
6. Conceptual Landscape Plan- (1" = 20'-0" minimum scale), a conceptual plan showing irrigated areas, areas of planting, a preliminary plant list, extent of
Exhibit "C" - Development Standards
lawns, areas to be revegetated, water features, patios, decks, courtyards, schematic utility layout, service areas and any other significant design elements.
7. Study Model - (1/8" = 1' - 0" minimum scale), illustrating the relationship between proposed and existing building forms and topography, tree heights and prevailing site conditions. This need not be an expensively detailed model, but simply adequate to communicate basic three-dimensional concepts. A three- dimensional computer rendering(s) may be substituted to fulfill this requirement. The ACC reserves the right to amend the Preliminary Design Review submission requirements on a case-by-case basis as required by conditions and considerations particular to each Homesite and/or building(s). Staking and Tree Taping Upon submittal of the Preliminary Design Review Application for all Improvements, the Owner is to stake the corners of the proposed building, any proposed building additions, all other major improvements and driveway centerlines. The Preliminary Design Review submission will not be considered complete until the building footprint and driveway are staked. Trees proposed for removal are to be marked in the field with red tape. Trees to be pruned and/or limbed are to have blue tape tied to the limb and/or area of trimming. Trees proposed for transplanting are to be taped with yellow ribbon and a stake placed in the proposed location of transplant. Preliminary Design Review Meeting The Owner and/or Consultant(s) may attend the meeting but are not required to be present. The ACC will review and comment on the application at the meeting, allow time for discussion with the Owner and/or Consultant(s), and subsequently provide the Owner with the conclusions of the meeting in writing. The comments of the ACC on the preliminary approval shall not be binding upon either the Owner or the ACC if approval is not initially granted. If there are significant changes required, the ACC may determine that a second review meeting may be necessary to review corrected and/or new materials prior to submitting for final plat. Corrected materials must be provided to the ACC a minimum of five (5) working days prior to the next regularly scheduled meeting.
Final Design Review Within one year of Preliminary Design Review approval, the Owner is to initiate Final Design Review by submitting the written application and final design documents. All items are to be in compliance with the Guidelines prior to submitting for Final Design Review.
Exhibit "C" - Development Standards
Final Design Review Submission Materials The Applicant is to prepare and submit to the ACC for review and approval a Final Design Review package that adequately conveys compliance with the Guidelines. Final design documents are to generally conform to the approved Preliminary Design Review documents. All architectural plans are to be prepared by an Architect or approved Designer. The package is to include one full-size sets and two sets of 11" x 17" reductions of the following drawings and/or materials. Submissions for new construction and additions to existing buildings should submit all items listed below. Submissions for the alteration and/or rehabilitation of an existing structure and/or major landscape Improvements need only submit items 3 through 10 as applicable. 1. Final Design Review Application Form - A current application form, available from the ACC office, is to be completed and submitted.
2. Site Plan - (1" = 20'-0" minimum scale) showing existing topography and proposed grading and drainage (1' contour interval), building footprint (including accessory structures) with finished floor grades, building setbacks, easements, driveway, address marker, parking area, drainage, utilities, fences/walls, patios, decks, pools and any other site amenities. Existing vegetation patterns (including extent of tree canopies), proposed clearance areas and trees to be removed and/or preserved are to be indicated.
3. Grading, Drainage and Erosion Control Plans- (1" = 20'-0" minimum scale), showing existing and proposed grades, all drainage structures and/or other drainage design solutions, and cut and fill calculations. Plans are to also indicate the size of stockpiles, where they are to be located on the Construction Site and the length of time they will remain. The extent and location of sediment fencing, and measures taken to control erosion during grading and construction are also to be indicated.
4. Foundation, Floor and Roof Plans - (1/8" = 1'-0" minimum scale, unless otherwise specified), for all buildings, including all proposed uses, room dimensions, total square footage for conditioned and unconditioned spaces, door and window locations and sizes, location and type of all exterior lighting fixtures. Roof plans are to indicate ridge elevations, roof pitches and locations of drainage systems, chimneys, vents, flues, satellites, antennas, and solar panels. Visual screening of satellites, antennas and solar panels is to likewise be addressed.
5. Elevations- (1/8" = 1'-0" minimum scale), illustrating the exterior appearance of all views labeled in accordance with the site plan. Indicate the height of chimney(s) as compared with the ridge of the roof, the highest ridge of the roof, finished floor elevations, and existing and finished grades for each elevation. Describe all exterior materials, colors, and finishes (walls, roofs, trim, chimneys, windows, doors, light fixtures, etc.).
6. Landscape Plans- (1" = 20'-0" minimum scale), including irrigation plans with locations of main irrigation lines, areas of automatic irrigation, type of controls and type of heads; proposed plant materials, sizes, and locations; trees to be removed; tree protection plan; areas of planting, water features, patios, decks, courtyards,
Exhibit "C" - Development Standards
utility layout, service areas and any other significant design elements.
7. Lighting Plan - (1/8" = 1'-0" minimum scale), including locations of all exterior architectural and landscape light fixtures. Cut sheets are to be submitted for all proposed fixtures and bulb types, including wattage and lumen specifications for each fixture and the total lumen output calculation for the Homesite.
8. Sample Board (as applicable)- including:
• Roof materials and colors
• Wall materials and colors
• Exterior trim material and color
• Window material and color
• Exterior door material and color
• Stone/rock materials
• Exterior rails, fencing, and paving materials
• Lighting fixture cut sheets 9. Construction Schedule - include start and completion dates for both building and landscape construction. The ACC reserves the right to amend the Final Design Review submission requirements on a case-by-case basis as required by conditions and considerations particular to each specific project and/or property. Staking and Tree Taping Upon submittal of Final Design Review documents, Applicants are to re-stake the buildings, if the building footprint has been altered from that staked at Preliminary Design Review or if requested by the ACC. The Applicant is to contact the ACC prior to submitting final design documents to confirm staking requirements. Trees proposed for removal are to be marked in the field with red tape. Trees to be pruned and/or limbed are to have blue tape tied to the limb and/or area of trimming. Trees proposed for transplanting are to be taped with yellow ribbon and a stake placed in the proposed location of transplant. Final Design Review Meeting The Owner and/or Consultant(s) may attend the meeting but are not required to be present. The ACC will review and comment on the application at the meeting, allow time for discussion with the Owner and/or Consultant(s), and subsequently provide the Owner with an approval or conclusive recommendations in writing for refinements to the design. A second review meeting may be necessary to review corrected and/or new materials. Corrected materials are to be provided to the
Exhibit "C" - Development Standards
ACC a minimum of five (5) working days prior to the next regularly scheduled meeting. Final Design Approval The ACC will issue final design approval in writing. Construction must commence within twelve (12) months of final design approval. Past the twelve months, the owner is required to provide an affidavit that plans are intact and unchanged.
Exhibit "C" - Development Standards
Changes to Approved Plans Westlake Ventanas Residential CC&R's contain provisions that any improvements by property Owner must conform with approved plans. Therefore, the final approval of a proposed design constitutes an agreement with the Association that the proposed home or modification to a home be consistent with the approved plans and specifications. The ACC, however, understands that the construction process may ultimately result in either a need or desire to make a change in the approved drawings and will welcome the opportunity to review proposed changes. In the event a change is desired, the Owner, Contractor or Architect must submit the proposed changes in a graphic form to the ACC for review. The ACC will work in a reasonable manner to respond to a request for change as quickly as possible, but the review process will remain consistent with the aforementioned policies and guidelines. Applications for changes to approved plans shall include the following:
• A clear statement of the scope of the requested change
• A statement supporting the reasons for the change.
• Appropriate graphic materials illustrating the change. Note: If changes are made to approved drawings without ACC review and approval, a stop work notice may be posted on the project until such time as the required approval is obtained. To avert delays in construction, submit changes as early as possible for ACC approval. Re-submittal of Plans In the event that final submittals are not approved by the ACC, the Owner will follow the same procedures for a resubmission as for original submittals. An additional design review fee is to accompany each resubmission as required by the ACC. Subsequent Changes Subsequent construction, landscaping or other changes in the intended Improvements that differ from approved final design documents, sample boards or the mock-up are to be submitted to the ACC for review and approval prior to making changes.
Work in Progress Observations During construction, the ACC will check construction to ensure compliance with approved final design documents. If changes or alterations have been found that have not been approved, the ACC will issue a Notice to Comply. Notice to Comply In the event that the ACC finds changes and/or alterations during the Construction Monitoring process that have not been approved, the ACC will issue a
Exhibit "C" - Development Standards
Notice to Comply.
Exhibit "C" - Development Standards
Notice of Completion Upon completion of construction of the Residence and the landscaping, the Owner and/or Contractor will submit to the ACC a Final Observation Request form for any lmprovement(s) given final design approval by the ACC. The ACC will make a final inspection of the property within ten (10) working days of notification, weather permitting. Construction deposit will be returned at this time.
Right of Waiver The ACC recognizes that each Homesite and/or Building has its own characteristics, and that each Owner has their own individual needs and desires. For this reason, the ACC has the authority to approve deviations from portions of the Guidelines. It should be understood, however, that any request to deviate from these Guidelines will be evaluated at the sole discretion of the ACC. Prior to the ACC approving any deviation from the Design Guidelines, it must be demonstrated that the proposal is consistent with the overall objectives of these Design Guidelines and that the deviation will not adversely affect adjoining properties or Westlake Ventanas as a whole. The ACC also reserves the right to waive any of the procedural steps outlined in the Guidelines provided that the Owner demonstrates there is good cause.
Non-Waiver, No Inadvertent Precedents An approval by the ACC of drawings, specifications or work done or proposed, or in connection with other matters requiring approval under the Guidelines, including a waiver by the ACC, shall not be deemed to constitute a waiver of the right to withhold subsequent approval. For example, the ACC may disapprove an item shown in the final design submittal even though it may have been evident and could have been, but was not, disapproved at the Preliminary Design Review. An oversight by the ACC of non- compliance at any time during the review process, construction process or during its final inspection does not relieve the Owner/Developer from compliance with these Guidelines and all other applicable codes, ordinances, and laws. Any error, omission or misjudgment by the ACC in any one instance shall not constitute the creation of a precedent governing future approvals and decisions. The ACC reserves the right to learn from any such errors or misjudgments and shall not be required to approve repetitions of them. Non-Liability The ACC or any member, employee or agent of the ACC will not be liable to any party for any action, or failure to act with respect to any matter if such action or failure to act was in good faith and without malice.
Exhibit "C" - Development Standards
Design Review Schedule The ACC will make every reasonable effort to comply with the time schedule for design review. However, the ACC will not be liable for delays that are caused by circumstances beyond their control. The ACC will provide design review according to the following schedule, provided that all plans approved by the ACC shall be submitted to the Town of Westlake for review and approval in accordance with the submittal calendar established by the Town of Westlake:
1. Pre-Design Conference
• Meeting scheduled within ten (10) working days of receipt of Pre-Design
• Conference request form.
2. Preliminary Design Review
• Application documents to be submitted ten (10) working days prior to the next scheduled ACC meeting.
• The ACC shall meet within twenty (20) working days to consider a complete application.
3. Final Design Review
• Application documents to be submitted ten (10) working days prior to the next scheduled ACC meeting and within one year of preliminary design approval
• The ACC shall meet within fifteen (15) working days to consider a complete application.
• A second review meeting may be necessary to review corrected and/or new materials. Corrected materials will be provided to the ACC a minimum of five (5) working days prior to the next regularly scheduled meeting.
4. Minor Improvement
• Application documents to be submitted a minimum of seven (7) working days prior to the next scheduled ACC meeting.
• Written comments from the ACC meeting provided to Owner within seven (7) working days.
• A second review meeting may be deemed necessary by the ACC to review refinements, revisions and/or new materials. These materials must be provided to the ACC a minimum of five (5) working days prior to the next regularly scheduled meeting.
• Written comments and/or notice of final design approval provided by ACC to Owner within seven (7) working days of the review meeting.
5. Construction Observations
• Site Observation with the Contractor prior to any site disturbance, and
Exhibit "C" - Development Standards
within seven (7) working days of receipt of written request.
• Foundation/Mock-Up Observation within seven (7) working days of receipt of written request.
Exhibit "C" - Development Standards
• Final Construction Observation within seven (7) working days of receipt of written request.
• Notice of Completion issued within seven (7) working days of approved Final Landscape Observations.
Plan Submittals and Review Fees New residential home construction within Westlake Ventanas will utilize the process described in this section. No Improvements may be commenced until the Owner has received a written "Approval" from the ACC. Construction Security Deposit In order to ensure an owner's compliance with the documents, each owner shall pay to the Association a construction deposit (in an amount established by the Board from time to time) upon the owner's submission of final plans and specifications for the construction or modification of an improvement under these Guidelines. Currently, the construction deposit for new construction is $25,000 and $12,500 for remodels, additions, or expansions. Said funds shall be held in escrow. Upon final inspection by the ACC and compliance with the approved plans and completion of all landscape and site requirements, the deposit shall be returned net of any Association draws as described below. The Association may draw against the deposit to repair or replace damages to Open Spaces, Association owned improvements including gates, curbs, streetlights, landscape, and irrigations systems. The deposit may also be utilized for site clean-up, repairs or replacements to erosion control devices and the like if owner or builder fail to keep the construction site clean or fails to keep mud and silt from the streets and Open Spaces. New or Revision House-Start ACC Application- $2,500 per application Submittal process: Current ACC application completely filled out, plot plan attached (no plans required), and a check per application mailed or delivered to the ACC. Revisions will be charged same as a new submittal. Master Plans ACC Submittal- $500 per package Submittal process: These packages usually occur when a builder enters a community, or changes product. All plans are to be submitted on ledger paper llx16 or half size sets. Plans must include all elevations, roof pitch, brick/stone/stucco/siding percentages, and dimensional page for house width. Please include a submittal letter explaining the section(s) and specifics of the review. Mail or deliver the plan sets along with a check to theACC. ***Plans are reviewed in advance by the ACC.*** Additional/New ACC Plan Review- $500 per plan Submittal process: Mail or deliver half size or llx16 set of plans that include all
Exhibit "C" - Development Standards
elevations, roof pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a submittal letter describing the request along with a check per each plan to be reviewed to the ACC. Variance ACC Review - $250 per variance Submittal process: Variance request letters must include the legal address, street address, and a description of the variance, i.e. measurements, etc. Mail or deliver the letter and any supportive materials (plot plan) along with a check to the ACC.
Exhibit "C" - Development Standards
ATTACHMENT ONE
ACC APPLICATION Deliver to: ACC c/o _ Address Date: Lot: Block: Phase: Section: _ Plan #: Bedrooms: Baths: _ Address: Lot Plan Attached: (Please Circle) Yes/No 1st Floor Masonry % _ 2nd Floor Masonry % _ Chimney: (Please Circle) Yes/No Masonry Fencing Type: _ Stone Manufacturer and Color: _ Brick Manufacturer and Color: _ Roof Pitch : Roof Color : Roof Material : _ Paint Color: _ Fill in the information if different from color above
Exhibit "C" - Development Standards
Trim Color: Door Color: Shutters Color: _ Garage Color: _ Square Footage of House: House Width: Front Retaining Wall: (Please Circle) Yes/No Deck: Yes/No Patio: square feet Comments: _ Builder Name/Contact Information: _ By: _ Approval Date: _
Exhibit "C" - Development Standards
ATTACHMENT TWO
WESTLAKE VENTANAS SUPPLEMENT TO THE DESIGN GUIDELINES
Shared side yard retaining wall rule These rules shall set forth the responsibilities of adjacent lot owners and are applicable for lots with cross slopes such that the natural grade falls across the street face or width of the lot.
Project Consistent Stone All retaining walls constructed on a property line shall be constructed or faced with the stone designated as the community stone. This stone specification shall also apply to any wall visible to a street. The project stone is hereby designated to be available from quarry or as sourced by lot owner to be consistent in type.
Wall Location Where retaining walls are constructed alongside lot lines to either facilitate fill on the uphill lot or cut on the downhill lot, the wall shall be located wholly within the lot where the construction activity first occurs. In other words, if the uphill lot is developed first, then builder shall construct the retaining wall within the uphill lot. If the downhill lot is developed first and desires to cut into the slope, thus requiring a retaining wall to withhold the natural grade, the wall shall be wholly located within the downhill lot unless mutually agreed to in writing by the adjacent lot owners. The cost of the retaining wall shall be borne by the owner of the lot where the wall is constructed subject to the following criteria:
Cost Sharing If a lot owner constructs a residence on any lot whereby the natural grade is unaltered a side lot line, that lot owner is exempt from participating in any retaining wall cost that the adjacent lot owner may construct. Refer to diagram "A". In diagram "A" the owner of lot 1did not alter grades at either side yard lot line, and therefore would not participate in any side yard retaining wall costs. They would pay for 50% of each side yard fence. If two adjacent lots are both altered from natural grade whereby the uphill lot and the downhill lot both require the shared side yard retaining wall as illustrated in diagram "B", then the cost of the wall shall be shared 50/50 by both lot owners. In diagram "B", both lot owner 1 and 2 have altered the grade at their common side property line and therefore both contribute equally to the cost of the shared wall. The owner of the lot to be developed first shall fund the full cost of the wall. The lot owner shall provide the ACC, or their designate, an invoice showing the full cost of the side yard wall. At such time as the adjacent lot is developed, the owner of that lot shall remit a reimbursement of 50% of that wall to the ACC at the time
Exhibit "C" - Development Standards
the construction deposit is paid to the ARC. The ARC shall remit the reimbursement to the lot owner who constructed the wall. Any agreement to the contrary must be made in writing prior to the wall construction, signed by both lot owners and provided to the ARC. The obligation to reimburse shall attach to the lot and the ARC shall be able to lien the lot owing the reimbursement.
Shared Fences All side yard retaining walls shall be constructed with corning at 8 ft on center to receive fence posts for a steel picket fence as described in the Design Guidelines. Regardless of whether a retaining wall is constructed along a side yard lot line, any fence that is installed along a side yard lot line shall be shared 50/50 by both lot owners. The fence shall be installed as part of the retaining wall construction regardless of whether the wall was constructed by the uphill or downhill lot owner.
Exhibit "C" - Development Standards
Westlake Ventanas Retaining Wall Rule
l a+ 1. Diagram "A" . ..·. -- - - Diagram "B"
Exhibit "C" - Development Standards
ATTACHMENT THREE
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in Westlake Ventanas.
Requirements for specific Lots may be more or less restrictive depending on landscape
indigenous to the immediate site and the location of the site within the Property.
Canopy Trees at Street I Lot:
Shumard Red Oak (Quercusshumardii) Live Oak (Quercus virginiana) Chinquapin Oak (Quercus muehlenbergii) Lacebark Elm (Ulmus parvifolia) Cedar Elm (Ulmus crassifolia) Allee Elm (Ulmus parvifolia 'Emer II') Texas Ash (Fraxinus texensis) White Ash (Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress (Taxodium distichum) Bur Oak (Quercus macrocarpa) Lacey Oak (Quercus laceyi)
Ornamental Trees:
Desert Willow (Chilopsis linearis) Thornless Mesquite ( Mexican Plum (Prunus mexicana) Redbud (Redbud spp.) Yaupon Holly (Ilex vomitoria) Possomhaw Holly (Ilex d ecidua) Eastern Red Cedar (Juniperus virginiana) Vitex (Vitex agnus) Crape Myrtle (Lagerstroemia indica)
Exhibit "C" - Development Standards
Shrubs:
Abelia spp. (Abelia) Cast Iron Plan (Aspidistra elatior) Coral Beauty Cotoneaster (Cotoneaster dammeri) Agarito (Mahonia trifoliolata) American Beautyberry (Callicarpa Americana) Apache Plume (Fallugia paradoxa) Autumn Sage (Salvia greggii) Dwarf Wax Myrtle (Myrica pussila) Flame Acanthus (Anisacanthus wrightii) Fragrant Sumac (Rhus aromatic) Pale Leaf Yucca (Yucca pallida) Red Yucca (Hesperaloe parviflora) Smooth Sumac (Rhus glabra) Texas Barberry (Mahonia swaseyi) Texas Sage (Leucophyllum frutescens) Turk's Cap (Malvaviscus drummondii)
Grasses:
Switchgrass (Panicum virgatum) Big Bluestem (Andropogon gerardii) Bushy Bluestem (Androphgon glomeratus) Eastern Gamagrass (Tripsacum dactyloides) Gulf Muhly (Muhlenbergia capillaris) Indiangrass (Sorghastrum nutans) Inland Seaoats (Chasmanthium latifolium) Lindheimer Muhly (Muhlenbergia lindheimeri) Little Bluestem (Schizachyriumscoparium)
Exhibit "C" - Development Standards
Perennials:
Black Eyed Susan (Rudbeckia hirta) Blackfoot Daisy (Melampodium
leucanthum) Blue Mist Flower (Eupatorium
greggii) Butterfly Weed (Asclepias
tuberosa) Cardinal Flower (Lobelia
cardinalis) Coreopsis (Coreopsis lanceolata) Fall Obedient Plant (Physostegia virginiana) Four-nerve Daisy (Hymenoxys scaposa) Fragrant Phlox (Phlox pilosa) Cedar Sage (Salvia roemeriana) Mealy Blue Sage (Salvia farinacea) Prairie Verbena (Verbena
bipinnatifida) Purple Coneflower
(Echinacea spp.) Rockrose (Pavonia
lasiopetala) Ruellia (Ruellia spp.) Scarlet Sage (Salvia coccinea) Texas Lantana (Lantana horrida) Winecup (Callirhoe involuncrata) Yellow Columbine (Aquilegia spp.)
Exhibit "C" - Development Standards
Canopy Trees at Street I Lot:
Shumard Red Oak (Quercus shumardii)- Lacebark Elm (Ulmusparvifolia)
Live Oak (Quercus virginiana)- Cedar Elm (Ulmus crassifolia)-
Chinquapin Oak (Quercus muehlenbergii) Allee Elm (Ulmus parvifolia 'Emer II')
Exhibit "C" - Development Standards
Texas Ash (Fraxinus texensis) Bur Oak (Quercus macrocarpa)
White Ash (Fraxinus americana) Lacey Oak (Quercus laceyi)
Canopy Trees at Open Spaces: Ornamental Trees:
Bald Cypress (Taxodium distichum) Desert Willow (Chilopsis linearis)
Exhibit "C" - Development Standards
Thornless Mesquite
Mexican Plum (Prunus mexicana)
Redbud (Redbud spp.)
Yaupon Holly (Ilex vomitoria)
Possomhaw Holly (Ilex decidua)
Eastern Red Cedar (Juniperus virginiana)
Exhibit "C" - Development Standards
Vitex (Vitex agnus)
CrapeMyrtle(Lagerstroemia indica)
Shrubs: Abelia spp. (Abelia)
Cast Iron Plan (Aspidistra elatior)
Coral Beauty Cotoneaster (Cotoneaster dammeri)
Agarito (Mahonia trifoliolata)
Exhibit "C" - Development Standards
American Beautyberry (Callicarpa
Americana)
ApachePlume(Fallugiaparadoxa)
Autumn Sage (Salvia greggii)
Dwarf Wax Myrtle (Myrica pussila)
Flame Acanthus (Anisacanthus wrightii)
Fragrant Sumac (Rhus aromatic)
Exhibit "C" - Development Standards
Pale Leaf Yucca (Yucca pallida)
Red Yucca (Hesperaloeparviflora)
Smooth Sumac (Rhus glabra)
Texas Barberry (Mahonia swaseyi)
Texas Sage (Leucophyllum frutescens)
Turk's Cap (Malvaviscus drummondii)
Exhibit "C" - Development Standards
Grasses: Switchgrass (Panicum virgatum)
Big Bluestem (Andropogon gerardii)
Bushy Bluestem (Androphgon
glomeratus)
Eastern Gamagrass (Tripsacum dactyloides)
Gulf Muhly (Muhlenbergia capillaris)
Indiangrass (Sorghastrum nutans)
Exhibit "C" - Development Standards
Inland Seaoats (Chasmanthium
latifolium)
Perennials Black Eyed Susan (Rudbeckia hirta)
Lindheimer Muhly (Muhlenbergia lindheimeri) Blackfoot Daisy (Melampodium leucanthum)
Little Bluestem (Schizachyrium scoparium) Blue Mist Flower (Eupatorium greggii)
Exhibit "C" - Development Standards
Butterfly Weed (Asclepias tuberosa)
Cardinal Flower (Lobelia cardinalis)
Coreopsis (Coreopsis lanceolata)
Fall Obedient Plant (Physostegia virginiana)
Four-nerve Daisy (Hymenoxys scaposa)
Fragrant Phlox (Phlox pilosa)
Exhibit "C" - Development Standards
Cedar Sage (Salvia roemeriana)
Mealy Blue Sage (Salvia farinacea)
Prairie Verbena (Verbena bipinnatifida)
Purple Coneflower (Echinacea spp.)
Rockrose (Pavonia lasiopetala)
Ruellia (Ruellia spp .)
Exhibit "C" - Development Standards
Scarlet Sage (Salvia coccinea)
Texas Lantana (Lantanahorrida)
Winecup (Callirhoe involuncrata)
Yellow Columbine (Aquilegia spp.)