ORDINANCE NO AN ORDINANCE OF THE CITY OF SHENANDOAH, TEXAS, REPEALING ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SHENANDOAH, TEXAS, REPEALING ORDINANCE NO AND AMENDING THE CODE OF ORDINANCES, CITY OF SHENANDOAH, TEXAS, CHAPTER 102, SO AS TO REZONE ACRES BEING OUT OF A CALLED ACRE TRACT DESCRIBED TO JEROME L. STROM AND STROM CO -TRUSTEES OF THE STROM FAMILY REVOCABLE TRUST, AS RECORDED IN MONTGOMERY COUNTY CLERK' S FILE NO , AS DESCRIBED IN EXHIBIT A, CREATING PLANNED DEVELOPMENT DISTRICT 11 ( PDD# 11); DIRECTING A CHANGE IN THE OFFICIAL ZONING MAP OF THE CITY AND PROVIDING FOR A PENALTY IN THE AMOUNT OF $ 2, 000 FOR VIOLATIONS THEREOF; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ORDINANCE NO was enacted March 25, 2015, creating Planned Development District 11 ( PDD 11); and WHEREAS, the property owner has requested numerous changes to PDD 11; and WHEREAS, the City Council finds it in the best interest to adopt the requested changes; and WHEREAS, it is most efficient to repeal Ordinance No and enact a new ordinance to effectuate the changes; and WHEREAS, the City Secretary of the City of Shenandoah, Texas, directed that notices of public hearings be issued, as required by the Zoning Ordinance of the City of Shenandoah, Texas and laws of the State of Texas for the purpose of considering a change in the Zoning Ordinance; and WHEREAS, the City Secretary accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation at least fifteen days prior to the time for such hearing; and WHEREAS, pursuant to such notice, public hearings were held on March 15, 2016, April 19, 2016 and April 27, 2016 and all persons wishing to be heard both for and against the aforesaid changes in the Zoning Ordinance and PDD 11; and WHEREAS, the Planning and Zoning Commission has recommended approval of this zoning amendment and the associated changes in PDD 11; and WHEREAS, the City Council finds that such changes would not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Shenandoah, and as well, the owners and occupants thereof; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHENANDOAH, TEXAS, THAT: Section 1. no force and effect. The existing Ordinance and all its subparts be and are hereby repealed and of Section 2. Code of Ordinances, City of Shenandoah, Texas, Chapter 102 is hereby amended so as to rezone acres being out of a called acre tract described to Jerome L. Strom and Strom Co - Trustees of the Strom Family Revocable Trust, as recorded in Montgomery County Clerk' s File No.

2 to Planned Development District 11 ( PDD # 11) as more fully set forth on the attached Exhibit A. Section 3. All provisions of the ordinances of the City of Shenandoah in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Shenandoah, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Section 4. The provisions of this Ordinance shall be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. Section 5. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the code of Ordinances of the City of Shenandoah, and upon conviction, shall be punished by a fine not to exceed the sum of TWO THOUSAND AND NO/ 100 DOLLARS ($ 2, ) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Section 6. It is the intention of the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision or part or portion of any section, clause, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. Section 7. required by law. This Ordinance shall become effective immediately upon its passage and publication as PASSED AND APPROVED this the 251h day of May, CITY OF SHENANDOAH, TEXAS ATTEST: M. kit& y Wheeler, Mayor athie Re er, City Secretarycp PROVED AS TO FORM: '' d C nc hllll111tu TEXPssv````\ William C. Ferebee, City Attorney

3 I. Introduction. A. To aid the developer in its marketing of lots in the PDD #11 The Centro parcel, the developer desires for the development and home construction to be in accordance with certain guidelines that may deviate from standard City criteria. Therefore, the developer shall develop the property and construct homes located on the property in accordance with this set of development criteria. B. All development or construction on any property within this planned development district must be in compliance with the most recently current editions of any adopted codes and ordinances by the City of Shenandoah, except as provided below. Building plans for Secondary Structures or additions to the Primary Structure shall be approved by the City of Shenandoah and the Architectural Control Committee or POA. C. There are two different types of developments within this PDD. The first is defined as a Live/Work area and is located between David Memorial Drive and the security Gates. This area reflects the RHD ( Townhouse Units) zoning classification. The Live work area may consist of 18 detached units or 20 attached units. Each unit will have a commercial/ office space on the 1st floor which will be a maximum of 800 Sf. Allowable use for the commercial aspects of the Live Work area are restricted to allow the following: 1. Administrative, Financial, and Professional Offices, being offices of firms or organizations providing professional and executive management, administrative or financial services. 2. Business Support Services, being establishments primarily engaged in the provision of services of a clerical, employment, protective or minor processing nature and where the storage of goods or equipment other then as samples or as necessary for daily operations is prohibited. 3. Convenience Sales and Professional Services, being establishment or places primarily engaged in the provision of frequently needed, day-today retail commercial goods and services. Such uses are designed and intended to serve a limited local market, and to be generally within walking or short diving distance of a residential area. Furthermore, only uses that do not create increased traffic, noise, or other impacts considered incompatible with a residential use will be permitted Sales of non-toxicating beverages as defined in Title 11, Texas Statues,

4 Section and following shall be allowed. All requirements of the above section and City Code shall be met. 4. Medical Service Restricted, being establishments primarily engaged in the provision of personal health services including prevention, diagnosis and treatment or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services. 5. Restricted Personal Services, being establishments primarily engaged in the provision of informational, instructional, and personal improvements and similar services, which are able to be located in an office-type building. 6. Retail Sales and Services Restricted, being establishments engaged in the sale or rental of new retail goods and services, of commonly used goods, merchandise, and services. If the market place dictates that Live/work is not a valuable usage for this market place. The Lots in the Live/ work area could revert to strictly residential and only reflect RHD zoning. D. The second development type will consist of a maximum of 102 detached units. This section of the development reflects the RHD (Townhouse units) zoning classification and is gated which will be operated with an EZ Tag System. II. Designer Requirement. A. All homes must be designed by a registered architect or by a member of the Texas or American Institute of Building Design. The appropriate seal must appear on the drawings. III. Building, Site Design & Zoning. A. All streets, curbs, sidewalks and access ramps, storm water conveyance system, landscaping, irrigation and all appurtenances associated therewith, outside of the David Memorial Right-of -Way shall be privately operated and maintained and shall not be operated or maintained by the City. Only the water and sanitary sewer lines and appurtenances associated therewith located within utility easements shall be maintained by the City. B. All streets and other infrastructure within the development will be constructed to public standards and the standards outlined in the planned

5 development district ordinance. The permanent access easements and permanent utility easements (PAE/ PUE) are to be: 1. David Memorial An 80 foot Public R.O.W. from the southern portion to northern portion of the property with an adjacent UE shall be dedicated. 2. A single access from David Memorial Drive will be allowed with a minimum two lane divided roadway with 20 lane on each side of a median. The access point will be the Developers responsibility and will be required to meet City standards. 3. Internal Streets ( Residential Streets) 30 foot or greater PAE/ PUE with 24 foot pavement back to back of curb. All internal streets, including the Live/ Work Area, will be considered private and owned and operated by the POA. C. Any and all easements, rights-of-way, or restricted reserves not specifically dedicated to the City as specified in The Centro plat shall be the sole responsibility of the property owner(s) to maintain, not the City. D. All homes must be designed to the most currently adopted building code edition(s), including amendments of all adopted codes by the City of Shenandoah. IV. Water, Sanitary Sewer, and Storm Sewers. A. Waterlines will be located within a PAE/ PUE or dedicated easement adjacent to the PAE/ PUE. There will be a 12-inch waterline constructed in the future David Memorial ROW which will serve the lots adjacent to David Memorial. B. Sanitary sewer lines and manholes will be located within the PAE/ PUE or located within a dedicated easement for the lines outside of the PAE/ PUE. 8- inch sanitary sewer lines (with 6 service leads) will be located on the opposite side of the street from the water line. There will be a 10 gravity sanitary sewer line constructed in the future David Memorial ROW, which will serve the lots adjacent to David Memorial. C. Storm sewers will be located within the PAE/ PUE or in dedicated easements. The storm sewers along the interior streets may be located under the streets. Storm Sewers and appurtenances shall not be maintained by the City. V. Easements. A. 10 to 16 foot public utility easements will be dedicated by plat along the front or back of all lots within the development. These easements will be used for

6 dry utilities ( electric, cable, phone, gas and for water and sanitary sewer facilities where applicable). Easements will be shown on the final plat. B. Encroachment in the front lot utility easements will be allowed as outlined in VII.B. Permanent improvements other than those outlined in VII.B. shall not encroach upon any recorded easements, whether below or above ground or temporary or permanent, as noted on the plat. C. The Development has two (2) different areas: Live Work and Residential. The Live Work area is located between David Memorial Drive and the security Gates. The remainders of the lots are single family residential. D. Any improvements in this area which would hinder the construction or maintenance of the neighboring dwelling, or which would restrict surface drainage, are prohibited. Improvements or additions, including but not limited to decks, spas, pools, storage units and so forth must not encroach into this easement. HVAC equipment and other related equipment may be placed in this side lot easement in such a way that the equipment does not prohibit effective drainage. Furthermore, in the case where such equipment is placed in this side lot easement, area drains may be installed to assist the proper drainage of this area. If any equipment is installed in the easements and must be removed by the City it will be the property owner's responsibility to replace. VI. Site Drainage. A. The site drainage (storm sewers and site grading) are to be designed so all drainage in design storm events (up to 100-year storm) stays within the site and is conveyed to a temporary offsite detention facility which will be maintained by the POA. The City is currently researching a regional detention solution for the tract and surrounding area. At the time if & when the City has a regional detention pond the developer or POA will be able purchase into the regional pond(or pay for a percentage of construction) and eliminate the need for the proposed detention facility. B. All lots must have positive drainage away from the house and lots must drain to the drainage system provided to said lot. VII. Criteria. A. Primary Residential Structure Setbacks. 1. For purposes of this section, setbacks shall also be considered as building lines. 2. All Lots Live/work & Residential will have a 14 or 16 foot front building line (driven by the Utility Easement). The front of the Lot is defined

7 by location of the driveway. Accordingly, garages, casitas, and other residential elements shall be placed no closer than 14 feet from the front property line. 3. Side Setbacks. The Live Work Area is defined by Block 1 Lots 1-5, & Lots 41-44; and Block 5 Lots 1-9. The Live Work Area of the PDD will have a minimum of 3-foot wide easements for construction, maintenance, and drainage on the side of each structure (6 between structures). The Residential Area (Gated) portion of the PDD will have the following setback a) Block 1 Lots 6-40 shall have a minimum of 4-foot wide easement for construction, maintenance, and drainage on the side of each structure (8 between structures). b) Block 2 Lots 1-9 and Blocks 3 and 4 Lots 1-18 shall have a minimum of 3-foot wide easements for construction, maintenance, and drainage on the side of each structure (6 between structures). Live Work and Residential lots shall have a 7 side set back where a north or south property line abuts a P.A.E/ P.U.E. 4. The minimum rear yard building line shall be: a) All lots will have a minimum of 10 feet rear yard building line. b) Uncovered Patios shall be allowed within the rear building line as follows: 1) Block 1, Lots 1-44: Uncovered Patios shall be no greater than 70% of the width of the home and extend a maximum of 2 from the property line. 2) Block 2 Lots 1-9; and Block 3 and Block 4 Lots These areas are adjacent to a 30 landscaping/ open space reserve which will contain Landscaping and a sidewalk. Uncovered Patios shall be no greater than 70% of the width of the home and extend a maximum of 2 from the property line. A 4 private walk will extend from the sidewalk located within the 30 reserve to the door of the home.

8 3) Block 5, Lots 1-9: This area will have a more urban or city feel with wide sidewalks, paving, planters, trees all within the rear building line to the commercial/ residential building. Covered or above ground Structures are not allowed. B. Secondary Structure or Additions to the Primary Residential Structure Setbacks. 1. Unless otherwise specified herein, any permanent or temporary structure secondary to the primary residential structure, or improvements, additions, or alterations to any existing primary residential structures, including but not limited to pools, spas, decks, storage units, water slides, playground equipment and so forth, shall not encroach into rear and side property lines and no encroachment shall be allowed within the front setback, except as set forth in this PDD. 2. The following exceptions shall be allowed to encroach within the front setback: a) Visible Fencing to meet City Code with a maximum height of 5', landscaping and nonpermanent appurtenances associated therewith, driveways, parking, sidewalks, mailboxes, and similar. Such encroachments will be encroaching in a public utility easement and will be subject to removal by the City or utility company. It is the responsibility of the property owner to replace the encroachment. At no time can access be restricted to the public utility easement. b) It is unreasonably cumbersome to maintain a current list of all temporary or permanent structures that can be located or constructed on each lot. Due to unique characteristics, new

9 developments or structures not listed herein shall need to obtain approval by the City prior to installation. C. Density Requirement, Lot Sizes, & Lot Coverage. 1. Maximum density requirement of the development is 10 units per acre. 2. Minimum lot size: 1,425 square feet. 3. Minimum lot width at front building line: 19 feet. 4. Minimum lot width at street: 19 feet. 5. Minimum lot depth: 70 feet. 6. Maximum Lot Coverage (main & accessory buildings): 70%. 7. Maximum Impervious Coverage: 90%. D. Miscellaneous Requirements for Residence. 1. The living area ( air-conditioned space) shall not be less than 1,400 square feet, nor more than 5,000 square feet. 2. Square footage will be measured to the outside of exterior walls. 3. All units in the Residential (Gated) portion of the PDD must have a minimum of a two-car garage. The Live Work lots will have the option of having a two-car garage 4. Architectural metal roofs not to exceed 10% of the total roof are allowed. 5. All units will be a maximum of 3 stories tall. 6. Block 3 and 4, Lots 1-18 shall have a wrought iron or wrought iron like fence not to exceed 4 feet in height and a hedge row along the back of the property line to provide screening from patio and sidewalk. VIII. Sidewalks. A. A minimum 8 foot sidewalk will be required in the R.O.W. of David Memorial along the limits of the property line. Construction of the sidewalk is to be by the developer ( alignment approved by City Staff). All appurtenances associated therewith shall be operated and maintained by the City thereafter.

10 Said sidewalk shall be constructed and designed in accordance with the City's master pathway plan. Furthermore, the developer shall dedicate a sidewalk easement as depicted on the recorded subdivision plat for any portion of the sidewalk not located within a public right-of-way. B. Maintenance and repairs. All pathways, pathway easements, and any appurtenances associated shall be privately maintained and repaired except for those sidewalks located within the City s public ROW will be maintained and operated by the City IX. Landscape Criteria. A. Block 3 and 4 Lots 1-18 shall have a minimum of two trees planted on site within the greenspace provided along the rear of each home. B. Any existing trees that will be counted towards the canopy requirement will be documented by a tree survey. C. Trees counted towards canopy required located on residential lots shall be within a vegetation buffer, and shown on plat, to ensure protection of trees. Trees planted within the vegetation buffer shall be maintained by the POA. The vegetation buffer is only to ensure protection of the trees and is not a requirement of the City of Shenandoah Vegetation Ordinance. D. Trees planted to fulfill canopy coverage obligations as per the City of Shenandoah Vegetation Ordinance shall be protected in perpetuity by the POA. On other words, any tress that ceases to exist for any reason must be replaced with a tree of the same size that was originally planted. E. Unless otherwise specified herein, No structure, clearing, or other improvement other than additional plantings will be allowed to encroach in the vegetation buffers except for an ingress/ egress point for the subdivision. 2. The following exceptions shall be allowed to encroach within the vegetation buffer: a) Uncovered patios will be allowed within the vegetation buffer. Should patios within the vegetation buffer damage or cause harm to the existing trees, the POA shall be responsible for

11 replacement of trees in accordance with the City of Shenandoah Vegetation Ordinance. X. Plan Approval and Inspections. A. All buildings, structures, or improvements must comply with the City's permitting and inspection procedures. B. Building plans for Secondary Structures or additions to the Primary Structure shall be approved by the City of Shenandoah and the Architectural Control Committee or HOA before construction may begin. XI. Variances, Appeals, Waiver of Conditions. Any requests to deviate from the provisions set forth herein shall make application with the City. Each request shall be submitted before the Planning and Zoning commission for recommendation and forwarded to the City Council for final approval. XII. Dedicated Property. Any property dedicated to the City by The Centro plat shall be maintained by the City. Any property not dedicated to the City shall be privately maintained. XIII. On-Street Parking The Live/Work area will provide 62 parking spots. The Residential area will provide 10 on-street parking spots in the middle of the development. These Parking spots shall be parallel spaces adjacent to the driving lanes. Each driveway in the Residential portion of the Development will be a minimum a 20 in length and have the capability to park 2 cars. Other on-street parking will not be allowed on most streets and never on both sides of the street. XIV. Parameter Fencing Subdivision will be surrounded by a Wooden Fence not less than 6 tall and not to exceed 8 in height, excluding the rot board. XV. Miscellaneous A. A sign shall be posted at each entrance to the subdivision during the duration of new home construction. The sign shall be placed in a prominent location and in a manner that is clearly legible. The sign shall state By City Ordinance

12 no construction noise after 10 PM or before 7 AM, Max fine of $500. A sign shall be posted in English and Spanish. B. In addition to signs allowed by City Code the Developer will be allowed to install a Subdivision Monument Sign off site at an agreed upon location and approved by the City. C. During construction, each owner shall ensure that all public streets shall be kept clear of debris from its construction site. The owner shall be responsible for construction damage to public streets, lighting, landscape, and irrigation system. The owner of the building site under construction shall clean up any dirt, mud, and debris carried form the construction site by construction traffic and other construction activities. D. Garbage All units and Areas of the PDD will be considered Residential in terms of Garbage collection in accordance with the most current City Code.

13 FIELD NOTE DESCRIPTION: A TRACT OF LAND CONTAINING ACRES (375,663 SQ. FT.) SAME BEING OUT OF A CALLED ACRE TRACT DESCRIBED TO JEROME L. STROM AND STROM CO-TRUSTEES OF THE STROM FAMILY REVOCABLE TRUST, AS RECORDED IN MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) NO , BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found 5/8 inch iron rod with "Town and Country" cap on the South right-of-way line of Shenandoah Park Drive, same being the northwest corner of remainder of a called acre tract described to Cole Foster Shenandoah, LLC, as recorded in M.C.C.F. No. R47225; THENCE North 02 17' 59 West departing the South right- of-way line of said Shenandoah Park Drive, along the East line of said remainder tract, a distance of to a found 5/8 inch iron rod with cap (unreadable) to THE POINT OF BEGINNING of herein described tract; THENCE North 03 02' 02 West along the East line of saidshenandoah Park, Section 1, common West line of said called acre tract and herein described tract, a distance of feet to a set 5/8 inch iron rod with Tri-Tech cap for a point of intersection along the East line of said Shenandoah Park, Section 1, said called acre tract, and herein described tract; THENCE North 03 27' 39 West along the East line of saidshenandoah Park, Section 1, common West line of said called acre tract and herein described tract, a distance of feet to a set 5/8 inch iron rod with Tri-Tech cap for the southwest corner of a called acre tract described to Sports Culture Houston, LLC, as recorded in M.C.C.F. No , being on the East line of Pappas Restaurants Subdivision, as recorded in Cabinet O, Sheet 150 in M.C.M.R., same being the northwest corner of said called acre tract and herein described tract; THENCE North 87 02' 59 East along the South line of saidcalled acre tract, common North line of said called acre tract and herein described tract, a distance of feet to a point on the south line of said called acre tract, and the west line of the remainder of said acre tract and northeast corner of herein described tract; THENCE South 02 57' 01 East along the West line of saidremainder acre tract and East line of herein described tract, a distance of feet to a point being the southeast corner of said remainder acre tract, and interior corner of herein described tract; THENCE along a curve to the right having a radius feet, a delta of 11 36' 14 and having a chord bearing of South 86 27' 28 a distance of feet to a point being the

14 beginning of a reverse curve to the left being the south line of said remainder acre tract, and north line of herein described tract; THENCE along said curve to the left having a radius feet, a delta of 81 52' 03 and having a chord bearing of North 58 24' 37 a distance of feet to a point being on the west line of said remainder acre tract, and east line of herein described tract; THENCE South 17 28' 36 East along the West line of saidremainder acre tract and East line of herein described tract, a distance of feet to a point being the southwest corner of said remainder acre tract, and southeast corner of herein described tract; THENCE South 87 02' 51 West along the common South lineof said called acre tract, passing at a distance of ' feet to a point along the South line of said called acre tract, being the northwest corner of said Unrestricted Reserve "B", and continuing in all a total distance of feet to the POINT OF BEGINNING and containing acres (375,662 sq. ft.).