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EXHIBIT L
Conditions to Enactment of Ordinance Z-553-11
The following are imposed as conditions to the enactment of the Silvara Planned Unit
Development District Ordinance Z-553-11 (the " Ordinance"), pertaining to the Real Estate, and
are hereby referenced as Exhibit L (the "Conditions"). If any Condition conflicts with a
provision of the Ordinance,then the more restrictive shall apply.
Section 1. Maximum Densities. The following shall apply:
1.1 The maximum density in the Planning Areas shall not exceed the following:
A. The Estates: 1.0 du/acre
B. Creekside: 1.5 du/acre
C. Bridgecreek: 1.8 du/acre
D. Village Neighborhood: 3.25 du/acre
1.2 The total number of Dwellings permitted in the District shall not exceed four
hundred and twenty-two (422).
Section 2. Additional Empty-Nester Standards.
2.1 The Universal Design features set forth in this Section shall apply to the
following:
A. All detached single-family Dwellings on a Lot with a Lot Width of less
than seventy(70) feet in the District;
B. All detached single-family Dwellings on a Lot with a Lot Width of less
than one hundred(100) feet in Bridgecreek and the Village Neighborhood;
and
C. All Attached Residential Buildings.
2.2 Either the master bedroom on the first floor of the Dwelling Unit, or one(1)of the
following:
A. A flex room that can be converted into a bedroom on the first floor, and a
full bathroom on the first floor;
B. An elevator;
C. Stacked closets on the first and second floor pre-framed to accommodate
an elevator; or
D. A forty-eight (48) inch wide stairway that permits installation of a lift
chair.
2.3 The Owners' Association(s) shall provide for lawn mowing and lawn maintenance
services on individual Lots.
2.4 Minimum thirty-six (36) inch wide hallways.
2.5 Minimum thirty-two (32) inch wide clear opening (per ADA Accessibility
Guidelines for Buildings and Facilities, sec. 4.135) doorways for exterior
doorways,the main living areas, master bedroom and master bathroom.
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Conditions to Enactment of Ordinance Z-553-11
2.6 Master bathroom walls blocked to provide for installation of grab bars.
2.7 Master bathrooms with the shower stall separate from the tub (if a tub is
installed).
2.8 Hand rails near stairs.
2.9 Either a no-step entry or an entry designed for the addition of a handicap ramp in
the future without major reconstruction.
2.10 All standards set forth in this Section that are required for some, but not all, areas
of a Dwelling shall be offered as options for the non-required areas of a Dwelling
(e.g., master bathroom walls must be blocked and so an option to block other
bathroom walls must be offered).
Section 3. Additional Architectural Standards.
3.1 Detached Residential Masonry Requirements. The following shall apply to all
detached single-family Dwellings throughout the District:
A. Dwellings located on a Lot adjacent to the perimeter of the Real Estate
shall be required to have Masonry as an exterior siding material on all
facades in an amount equivalent to the first floor surface area(exclusive of
windows, doors, and other openings).
B. Dwellings in the Estates shall be required to have Masonry as an exterior
siding material on all facades in an amount equivalent to the first floor
surface area (exclusive of windows, doors, and other openings). This
requirement may be modified for a Dwelling with a Historical
Architectural Style, as determined by the Department.
C. Dwellings in Creekside and Bridgecreek shall be required to have
Masonry as an exterior siding material on the front facade in an amount
equivalent to the first floor surface area (exclusive of windows, doors and
other openings)of the front facade. This requirement may be modified for
a Dwelling with a Historical Architectural Style, as determined by the
Department.
D. All Dwellings shall have at least a Masonry water table a minimum of
eighteen (18) inches tall above grade on all facades. No exposed
foundation shall be permitted.
E. All exterior chimneys shall be constructed of Masonry. This does not
apply to direct vent or interior fireplaces which protrude through the roof.
3.2 Attached Residential Masonry Requirements. All Attached Residential
Buildings in the Village Neighborhood shall be required to have Masonry as an
exterior siding material on all facades in an amount equivalent to the first floor
surface area(exclusive of windows, doors, and other openings).
3.3 Garage Placement & Doors. All front loading garage doors shall: (i) be
insulated or solid; (ii) have raised panels or other decorative panels (e.g., window
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Conditions to Enactment of Ordinance Z-553-11
panels, carriage style panels, and decorative hardware); and (iii) be painted to
match the Dwelling's trim or siding color.
3.4 Corner Breaks. Each Dwelling shall have a minimum of two (2) corner breaks
on the front and rear facades (in addition to the outside corners of the Dwelling).
The inside and outside corners of a covered porch or the inside and outside
corners of any projection with a height of no less than six (6) feet shall count
toward this requirement.
3.5 Streetscape Diversity. The following shall apply to Bridgecreek and for any
detached Dwelling in the Village Neighborhood: Neighborhoods shall promote
streetscape diversity through varied elevations, the same Building elevation shall
not be constructed for one (1) lot on each side of the subject lot on the same side
of the street and for three (3) lots across the street from the subject lot.
3.6 Attached Residential Building Design and Mass. No more than six (6)
Dwellings attached shall be permitted per Building. As a result, Section 3.1 of
Exhibit I (Village Neighborhood Architectural and Design Standards) of the
Ordinance is hereby deleted.
3.7 Exhibit G and Exhibit H. Any provision within Exhibit G (The Estates and
Creekside Architectural & Design Standards) and Exhibit H (Bridgecreek
Architectural & Design Standards) of the Ordinance that provides "should" is
hereby restricted to require such provision be mandatory and read as"shall".
Section 4. Perimeter Lots. As identified and labeled on the attached Exhibit L-1, there
shall be a maximum of:
4.1 Eight (8) Lots adjacent to the Claybridge Perimeter, each with a minimum Lot
size of 30,000 square feet;
4.2 Six (6) Lots adjacent to the Springmill Streams Perimeter, each with a minimum
Lot size of 30,000 square feet;
4.3 Eight(8) Lots along the Spring Lake Estates Perimeter, each with a minimum Lot
size of 12,000 square feet;
4.4 Lots in Bridgecreek adjacent to the Springmill Road Bufferyard south of the
Spring Lake Estates Perimeter shall total a minimum of 12,000 square feet when
combined with Open Space between the Lot and the Springmill Road Bufferyard;
and
4.5 Lots along the District's southwestern property line within the hatched areas
shown on the Conceptual Plan shall have a minimum Lot size of 30,000 square
feet.
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Conditions to Enactment of Ordinance Z-553-11
Section 5. Bulk Standards. The following shall apply:
Min.Dwelling
Minimum Lot Minimum Yard Setbacks Unit Size(SF) Max.Lot
Planning
Area Area Street , Side Coverage
Width Front Rear 1-story 2-story
(SF) Frontage (Aggregate)
The Estates2 100' 15,000 50' 40' 10'(30') 20' 2,400 3,000 35%
70' 8,400 35' 25' 5'(15') 20' 1,800 2,200 45%
Creekside2 90' 11,700 45' 25' 5'(25') 20' 2,000 2,500 35%
55' 6,600 30' 25' 5'(10') 20' 1,600 2,000 50%
55' 6,600 30' 25' 5'(10') 20' 1,600 2,000
Bridgecreek 50%
65' 7,750 35' 25' 5'(10') 20, 1,600 2,000
Village
Neighborhood Same standards as Bridgecreek
(detached)
Village
Neighborhood 0' 5' 20' 10' 1,000 75%
(attached)
Section 6. Detached Dwellings in Village Neighborhood. The standards applicable to
Dwellings within Bridgecreek shall apply to single-family detached Dwellings
located within the Village Neighborhood.
Section 7. Two-Family Dwellings. Two-Family Dwellings shall be permitted only within
the Village Neighborhood.
Section 8. Definitions. The following definitions shall be added:
8.1 Flats: A Condominium where the entire Dwelling Unit is contained on a single
floor.
8.2 Historical Architectural Style: Shall mean and refer to such styles including, but
not limited to: (i) Victorian; (ii) Cape Cod; (iii) Craftsman; (iv) Traditional
Farmhouse; (v) French Country; or (vi) homes with various exterior architectural
elements, taken from the foregoing, to create more recent or modem versions of
the foregoing. The Department shall have the authority to determine whether a
specific house plan qualifies as a Historical Architectural Style.
1 The following front yard setbacks shall apply for: (i) Dwellings w/ rear load garages, 10'; and (ii) Dwellings w/
courtyard garages,20'.
2 Perimeter lots within the hatched areas shown on the Conceptual Plan shall also be subject to the following: (i)
minimum Rear Lot Line width of 120'; and (ii) minimum Lot depth of 180'. Perimeter lots within the cross-
hatched areas shown on the Conceptual Plan shall also be subject to the following: (i)Minimum Lot Line width
of 140';and(ii)minimum lot depth of 160'.
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Conditions to Enactment of Ordinance Z-553-11
8.3 Masonry: Brick, limestone, natural stone, cultured stone, or other similar building
material or a combination of the same, bonded together with mortar to form a
wall,buttress or similar mass.
Section 9. Owners Association(s) Reserve Fund. The Owners Association(s) shall
establish and maintain a reserve account separate from its operating account to
fund replacement and repair of common area improvements (e.g., pools,
community buildings, furniture, pathways, entry monuments, wall, fencing,
landscaping) and the Declaration(s) of Covenants shall provide the funding
mechanisms through homeowner dues, assessments or other means to adequately
fund the projected repair and replacement costs over time based upon the
expected useful life of all major common improvements.
Section 10. The Commons Lots. The Commons Lots provisions (as referenced in Section
14.26 and Section 6.1 of the Ordinance)are hereby deleted.
Section 11. Future Brideecreek Bufferyard. A commitment shall be recorded against the
twenty-one(21) acres south of the Village Neighborhood owned by the Developer
to provide that if a rezoning is sought for the twenty-one (21) acres, then
landscape bufferyards shall be provided along the Village Neighborhood
perimeter congruent with the twenty-one(21) acres in accordance with the Zoning
Ordinance unless otherwise approved by the Council.
Section 12. Zoning Waiver. Section 16.2 Zoning Waiver of the Ordinance is hereby deleted.
Section 13. Road Improvement Commitment. The following are imposed and are in full
satisfaction of all obligations specified in Section 2.09 of the Zoning Ordinance,
as amended:
13.1 Contribution. As a condition to the recording of a Secondary Plat for any section
of the Real Estate, the Developer shall be required to pay to the City a sum of
money equal to $523.50 multiplied by the greater of(i) the number of acres to be
platted in the secondary plat or(ii) fifty(50) acres,whichever is greater; provided,
however, that the sum of all such payments shall equal but not exceed $147,150
(the "Road Contribution"), which equals five hundred and twenty-three dollars
and fifty cents ($523.50) per acre multiplied by two hundred and eighty one and
one-tenths (281.1) acres. The Road Contribution shall be used by the City only
for those improvements set forth in the Traffic Impact Analysis prepared by A &
F Engineering Co., LLC dated June 2011 (the"TIA") and filed in connection with
the consideration and enactment of the Ordinance and for improvements to the
116th Street and Illinois Street intersection.
13.2 Additional Improvements. The Developer shall make or cause to be made the
following improvements.
A. Improvements to the three (3) entrances off Springmill Road into the Real
Estate comprising of a passing blister, when needed, and acceleration and
deceleration lanes.
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Conditions to Enactment of Ordinance Z-553-11
B. Improvements to the two (2) entrances off Clay Center Road into the Real
Estate comprising of acceleration and deceleration lanes.
C. Dedicate all right-of-way to the City for Springmill Road and Clay Center
Road, as required per the City Thoroughfare Plan, as part of the recording
of each of the District's Secondary Plats at no cost to the City.
D. Construct a minimum ten (10) foot wide Side Path along the Real Estate's
perimeter within the Springmill Road and Clay Center Road rights-of-
way, unless otherwise approved by the City.
E. Whenever any improvement specified above in Section 13.2(A) and (B)
are not located upon the Real Estate,the Developer's obligation hereunder
to effect said improvement shall be contingent upon the acquisition by the
City of such other necessary real estate.
13.3 Credit. If the Developer makes any road improvements set forth in the TIA or as
required by the City's Thoroughfare Plan, other than those specified in Section
13.2 above, the Developer shall be entitled to a credit against the contributions
specified in Section 13.1 in an amount equal to the cost to Developer of such
improvements.
13.4 All Inclusive. Other than as specified in Sections 13.1, 13.2 and 13.3 above,
neither the Developer, nor the Developer's successors and assigns, nor any owner,
user or contract purchaser of the Real Estate shall be required to pay any fees or to
make any improvements, contributions or dedications for road improvements, in
connection with this or any subsequent approvals for the Real Estate.
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