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Final Draft August 26, 1997 I. INTRODUCTION AND PHILOSOPHY 1 II. APPLICATION AND APPROVAL REQUIREMENTS
7 III. DESIGN GUIDELINES 15 IV. NONLIABILITY FOR APPROVAL OF PLANS 28 V. CHANGES AND AMENDMENTS TO THE DESIGN GUIDELINES 28 APPENDICES The intent of the Bellasera Landscape and Architectural Design Guidelines ("Design Guidelines") is to preserve the desert environment and architectural character of the high Sonoran Desert, to protect the aesthetics and environment within the community, and to respect the vistas and views of the mountain setting without discouraging the individual ideas that will enrich the community. A discussion of the philosophy underlying the Design Guidelines follows below. The Design Guidelines provide an overall framework and comprehensive set of standards and procedures to allow the residential community to develop and progress in an orderly and cohesive manner. They establish criteria for design, style, size, location and mode of architecture, design and mode of landscaping, site improvements, colors, materials and the construction and modification of improvements. They also establish a process for judicious review of proposed new developments and changes within the community. These initial Design Guidelines have been prepared by the Declarant and adopted by the Modifications Committee pursuant to the Declaration of Covenants, Conditions, and Restrictions for Bellasera (the "Declaration"). They may be changed and amended to serve the needs of an evolving community pursuant to the procedures set forth in the Declaration and in these Design Guidelines. To the extent that any local government ordinance, building code or regulation requires a more restrictive standard than the standards set forth in these Design Guidelines or the Declaration, the local government standards shall prevail. To the extent that any local government standard is less restrictive than these Design Guidelines or the Declaration, the Declaration and Design Guidelines (in that order) shall prevail. PHILOSOPHY UNDERLYING The high Sonoran desert landscape characteristic of Bellasera is unique to a small segment of the West. The Sonoran Desert covers three distinct areas: the Sonoran Desert of Mexico, the Baja and the Arizona Sonoran Desert. These three small deserts contain many uncommon plant species. Because our landscape is so extraordinary, we feel that the promotion of sound principles for preservation is especially important. The Design Guidelines have been written specifically for Bellasera in an effort to impart to the owners, the philosophy and vision that formed the community and to promote responsible landscape design practices. We hope to provide you with an arena for increasing your awareness of desert life and your appreciation of the unrivaled beauty which this desert setting has to offer. It is only through appreciation that we can expect to maintain the high quality of development standards that Bellasera has initiated and to ensure that the development will mature into a dynamic, environmentally sensitive, residential community. The desert appears a harsh environment at first glance. Plant and animal species have learned to adapt to extreme environmental conditions. Despite the adversity, the desert is an extremely fragile environment and man's impact can be severe. We must examine the natural systems of the desert and create new development practices that respond to this delicate environment. The term "landscaping" is somewhat misleading in that it implies the placement of plants in the ground. However, plant placement is only one component of a good landscape. Other components to consider are: contouring and site drainage, irrigation, lighting, exterior structures, walls, surface treatments (both hardscape and softscape), and recreational elements such as pools and spas. Combined, these components produce a complete outdoor living environment that is not only aesthetically pleasing but functional. Once one gains an understanding of the various components involved in creating a livable exterior environment you can take the necessary steps to enact your vision. The first step to planning your landscape is to prepare a thorough analysis of existing conditions around your home. Analyze your lifestyle and develop an inventory of activities and elements to include in your landscape. For example, do you like to entertain outdoors or have friends over to barbecue? Do you enjoy quiet evenings around an outdoor fireplace gazing at the stars? As you develop your inventory, consider the importance of location. For example, you want a pool that is visible from the kitchen to keep an eye on the kids; or you want an herb garden in close proximity to the kitchen. Other items to consider are: the view from inside your home, the environment and your surroundings, and your budget. A good landscape design can modify your indoor environment by providing shade on hot walls or screening undesirable views. When thinking about a budget, consider the importance of the outdoors. Does your lifestyle revolve around the outdoors? Do you enjoy spending your leisure time outside? People often are reluctant to consider the exterior as a priority even though many of us spend the majority of our time there. Consider investing in a good master plan and phase your landscape project. C. CONTOURING AND SITE DRAINAGE Contouring is the artistic shaping of the land for the purpose of creating and enhancing drainage patterns, providing interest in the landscape, creating opportunities for water harvesting and creating micro-environments for planting. Contouring is one of the elements of landscape design often overlooked or overdone. When complete, contouring should produce pleasing, natural forms that take shape gradually, lending the landscape a more naturalized appearance. Abrupt mounds, small bumps or sharp forms do not appear natural. The depressions between mounds are opportune places for plants that respond to increased water such as desert trees or riparian plants. Retain mounds for cacti and shrubs that cannot tolerate excess moisture. The native plants of the Sonoran Desert are unique; so unique that the State of Arizona and the City of Scottsdale have initiated ordinances to help preserve the environment. Protected plant species require permits for relocation, transporting and selling. During the planning and construction of Bellasera, extensive effort was made to minimize disturbance to mature trees and saguaros and to relocate those that were in the way of construction. These plants were stored in a nursery throughout construction and then replanted into the landscape. The Design Guidelines will ensure that future development within Bellasera harmonizes and blends with, rather than dominates, the natural environment. We share this information in hopes that the future owners in Bellasera will develop a respect for the desert environment and will maintain the high standards of preservation previously established. We also hope that, rather than viewing the Design Guidelines and the approved and prohibited plant lists and requirements as a constraint, you will view them as an opportunity to protect and preserve this unique desert experience. Several landscape zones and corresponding plant palettes were established for the community during the planning stages. The landscape was divided into three zones: natural areas, transition areas and high-use areas. Natural areas are synonymous with the unimproved, natural or revegetated common areas found throughout the community. They include the perimeter landscape buffers, retention basins and natural washes where the existing desert plants are undisturbed or have been reestablished. The native palette (for natural areas) contains lush desert vegetation including Palo Verde, both Blue and Foothills variety, Acacia, Canotia, Mesquite and Ironwood. Various cacti native to the Sonoran Desert are also plentiful, providing a magnificent plant palette with which to work. The diversity in the native plant palette and its ability to adapt to extreme environmental conditions makes the native plant materials a logical choice. The native palette can be complemented with a seed mix to aid in reestablishing smaller grasses, shrubs and wildflowers. Although the plants within this palette are suitable for all areas, its use is required within restored natural areas. Enhanced landscape areas occur between the natural areas and the more intensely landscaped high-use areas or stand alone at key areas in the project. For example, the landscape around a community center would be developed as an enhanced area. Enhanced areas include adapted native plants as well as other Desert species. These areas provide a transition between the native plant materials of the natural areas and the approved non-native plant materials permitted within the high-use areas. The plants listed on the enhanced palette-level 1 include other Sonoran Desert plant materials not commonly found on this site and may be used in transition areas. The high-use areas include residential yards and public open spaces. These areas may contain the largest variety of plant species including native plants and non-indigenous, drought-tolerant, arid region materials. The plants listed on the enhanced palette-level 2 may be used in high-use areas. The Approved Plant List, defined herein as Appendix B on page 34, has two additional landscape zone designations on the Legend: E-3 and E-4. E-3 plants include more ornamental plant species which may require greater water usage or may not be as compatible in form or color with the native vegetation. E-3 plants may be used with Enclosed Yards only. E-4 plants include many other ornamental species which may have higher water requirements, including seasonal annuals, perennials or lush, shade-loving foliage which is not compatible visually or physically (water needs) with the arid region plant materials. E-4 plants may only be used within Containers or Pots. While the native and arid region plant materials you will be using in your landscape require minimal water, the specific requirements vary from plant to plant and location to location. The designer should be able to recommend an initial or basic watering schedule. Consider watering schedules a guide. Adjust schedules to compensate for climatic changes, soil characteristics, location and exposure. Watch your plants for signs of stress and adjust water accordingly. More plants die from overwatering than underwatering. Owners may not irrigate the areas beyond residential walls. The native vegetation does not require additional water and irrigating these areas can lead to disease and death of the native plants, particularly cacti, and aid in the spread of undesirable plant species or weeds. The Association may from time to time install temporary irrigation systems if needed to establish new vegetation areas. Native plants need regular water during the establishment period. Transplanted desert trees may require irrigation for several years before developing a large enough root system to survive sustained periods of drought. Other small plant materials establish in a year or less. Exterior lighting within desert communities such as Bellasera is a sensitive issue. To achieve an appropriate balance, lighting should be adequate for residents while preserving the dramatic nighttime sky. Within the community, lighting consists primarily of landscape lighting. Street illumination occurs only at intersections or to illuminate signage. We encourage you to consult the professionals at the Design Center, your landscape architect or a lighting designer for current lighting techniques and equipment. Minimize lighting within residential yards. Lighting has the power of being a very strong design element, as well as an element that can provide direction. It is intended to add another level of beauty and integrity to the landscape. State of the art lighting equipment utilizes glare shields and low wattage bulbs that conceal the source of light and eliminate glare. Emphasize downlighting as opposed to uplighting. Downlighting has less impact on the night sky as light is cast downward rather than spilling into the nighttime sky. In general, landscape lighting or low level path lighting should serve as the primary form of exterior lighting. Avoid excessive spill lights on buildings, garage doors, driveways, etc. Allow the landscape lights to create the effect and provide indirect ambient light for visibility. The vision for walls within Bellasera embraces the philosophy of "minimum visual impact". Walls may be used where needed for screening, providing privacy, enclosing pools and spas and for retaining. The three types of wall construction selected for the community cover a variety of needs. Solid block masonry walls with stucco should be used for screening where residences abut other residences or back up to a public right of way. Open wrought iron fencing or a combination of a masonry knee wall with stucco and wrought iron fencing is suitable for yards that abut open space or washes. Wall design may require the services of a structural engineer and/or civil engineer. Consideration should be given in designing pool and spa areas to provide privacy for the owner and neighbors. Pools and spas may be sunken below grade using retaining garden walls provided appropriate drainage provisions are made. Pools and spas should be located within the rear yard only. Colors should be deep, muted tones chosen to blend with the natural colors of the desert vegetation and mountains as seen from a distance. Exterior colors should be limited to a Light Reflectivity Value (LRV) of 40 or less. Colors vary greatly when exposed to sunlight during different times of day. Although colors may look acceptable in the shade, they can be highly reflective in sunlight. Choose exterior colors in natural light, rather than indoors under artificial lighting, as shades selected under artificial lighting do not represent their true color value. II. APPLICATION AND APPROVAL REQUIREMENTS A. General Pursuant to Article XI of the Declaration, any Owner wishing to - construct improvements - modify or add to existing improvements (including painting), - install a pool, spa, or other water features, - construct or install walls, fences, or hard, permanent materials, such as paving, brick, masonry, railroad ties, wood trim, concrete, rocks, flagstone, outdoor barbecue, fireplaces, or other inert material ("hardscape"), - landscape (including original landscape), - alter grading or drainage, or - place any object (i.e., lighting and decorations) on his or her lot is required to submit an application and such other materials as set forth in Section C hereof (a "Review Request") to the appropriate committee, as described below, and receive approval of such committee prior to commencing construction. There are no exemptions or automatic approvals, with the exception that a submittal of an application and plans for repainting the exterior of a structure in its existing color is not required, if such existing color was previously approved by the appropriate committee. It shall be the responsibility of all owners to comply with all standards and procedures within these Design Guidelines, as well as all requirements of the Declaration and any applicable Supplemental Declaration. B. Committee Structure Architectural and design review and control for Bellasera is handled by a committee established by the Board of Directors ("Board") of the Bellasera Community Association, Inc. ("Association"). The Modifications Committee has been established to monitor, review and control the development of Bellasera. 1. Modifications Committee. The Modifications Committee shall review plans and specifications, and the Board shall enforce these Design Guidelines and may promulgate additional design standards and review procedures. The Modifications Committee has exclusive jurisdiction over original construction, initial landscape installation, modifications, additions, and alterations made to lots, to structures and landscaping on lots. After a lot and its structures and landscaping have been completed according to approved plans, the Modifications Committee must review all proposed changes to the exterior of the structure and the lot. Members of the Modifications Committee will be appointed by the Board. C. Submittal Procedures The following procedures shall apply to owners when submitting Review Requests to the Modifications Committee. 1. An application (sample form attached as Appendix A, page
31) requesting review by the committee is required for all Review
Requests. The application shall include the following information: 2. In addition to the application the owner shall submit plans for the proposed construction or modification as follows: a. For landscape, contouring, irrigation or lighting plan approval, or amendments to approved plans, owner shall submit two copies of the landscape, contouring, irrigation and lighting plans for the Front and Rear Yards of the lot and the Worksheet found in Appendix C-5 page 50) of this document. Plans must be drawn to scale (1" = 10 feet or 1" = 20 feet) and must clearly indicate the following information: i. Identify the location of all existing or proposed plants including trees, shrubs, accent plants and groundcover. Draw proposed and existing plants at their mature size using symbols or call outs that correspond to the plant legend. If the Review Request is for an amendment to a previously approved landscape plan, the existing trees, plants and shrubs shall be marked on the landscape plan with a circle marked with a dashed line and a cross in the center indicating their location, and with the proposed additions marked on the landscape plan with a circle marked with a solid line and a dot in the center. All landscape materials proposed to be removed shall be described as part of the Review Request. ii. The plant legend must identify the botanical and common name, installation size, size of plant at maturity (should be same size as drawn on the plan), and quantities. A plant legend form is included in Appendix C-4, page 49, of this document and must be a part of the landscape plan submittal. Incomplete submittals WILL NOT be accepted for review. iii. Identify areas to receive any hardscape treatments. Clearly mark the hardscape treatments on the landscape plan and the legend so that the Modifications Committee can easily determine the location, type and color of the material. Submit material and color samples upon request by the committee. iv. Identify areas to receive softscape. The plan shall clearly indicate the location and type of treatment proposed, i.e., decomposed granite locations, native rock applications, or boulders. Legend should indicate proposed quantities, size of material and color. See example below: SYMBOL DESCRIPTION QUANTITY SIZE v. Prepare a contouring plan using a minimum 1 foot contour intervals. Indicate proposed slope ratios along the face of each contoured area (3:1, 4:1 etc.). Contouring must occur on all Front Yards or any Side Yard located outside the fence to provide visual interest to the streetscape and to help provide smooth, seamless transitions between proposed and existing grades. Contouring should not result in a lumpy appearance. Lots have been designed and graded to provide positive drainage from the lot to the street or to a wash/open space area. The contouring plan must address proposed direction of flow across the site. The Owner shall hold harmless the Association, the Modifications Committee and the Declarant for any damage caused by the alteration of the grade by Owner in connection with the design or installation of Owner's landscaping, including damage to Owner's house. The Owner shall be responsible for any additional damage to the property, house or neighboring property caused by altering the grading. vi. Provide on a separate plan, the major components of the automatic, underground irrigation system, including: the location of the timer box, the valves and mainline. Provide in note form the equipment specifications such as type and style of emitter or sprinkler head. If turf areas are proposed, a complete irrigation plan of such turf areas must be submitted and the location of each sprinkler head must be included. Irrigation plans for turf areas must indicate with contouring and head type/locations, that excess runoff or overspray will not occur into the adjacent landscape areas or adjacent street or sidewalk. vii. Identify location of any proposed landscape lights, transformers or electrical equipment and method for screening. Provide construction details on the plans and equipment specifications in the legend including type of fixture, color and finish of light fixture, voltage and bulb wattage requirements. The Modifications Committee may require field testing of fixture locations at night prior to final installation and/or the owner to provide an on-site demonstration of proposed site lighting techniques. b. For changes to or additions to the home the Owner shall submit two sets of floor plans for the site, including the plot plan and a copy of the floor plan for the model and elevation. On such plans, Owner shall draw the proposed changes or additions to the exterior elevation. If Owner has a photograph of another house or a picture from a magazine that will assist the Modifications Committee in its review, such photo should be submitted. The application should contain a description of the materials Owner plans to use in such changes or additions. If the change or addition affects the roof or roof line, a roof plan should also be submitted. A building section may be requested depending on the complexity of the change or addition. The Modifications Committee may require that plans be prepared by a qualified architect or engineer depending upon the nature of the request. c. For all other improvements, changes or additions to the lot or the home, including, but not limited to, construction, installation, or modification of walls and fences, ancillary equipment, signage, pools, play equipment, grading, drainage, and irrigation systems, the Owner shall submit a site plan drawn to scale showing the location, height, and dimension of the proposed improvement, change, or addition, the property line of the lot, the setback requirements, any easements, the footprint of the home and driveway, sidewalks, decks, patio, walls, and existing landscaping. The Owner shall also submit a detailed description of the proposed improvement, change, or addition, the purpose of the proposed improvement, change or addition, construction specifications, material and color samples, if appropriate, and any additional information or clarification requested by the appropriate committee. Copies of all necessary permits, fees and applications shall also be submitted. 3. The Modifications Committee may request additional information and clarification of the information given if deemed appropriate by the committee. For example, the Modifications Committee may request that large color samples (2" to 3") be painted on key exterior walls prior to completing a project. The panel samples can be observed by the Modifications Committee at various times during the day to ensure their trueness of color under different levels of sunlight. Until all requested information is provided to the Modifications Committee, the Review Request shall be deemed incomplete. 4. All Review Requests should be addressed to Bellasera Community Association, Inc. at such address as designated by the Board in written notice to the Owners. Please note that the request is for the attention of the Modifications Committee. 5. All documents contained in the Review Request shall be submitted in duplicate. D. Review Procedures 1. The Modifications Committee shall review all requests without hearings and based solely on the information contained within the Review Request; provided, however, the Modifications Committee, its committee members and authorized agents may at any time request additional information or inspect a lot for compliance with the Declaration, these Design Guidelines and any approved plans for construction or modification. 2. The Modifications Committee will reference these Design Guidelines in reviewing requests. Although these Guidelines address a broad range of exterior building and site conditions, they are not intended to be all inclusive. Variances to these Design Guidelines may be permitted by the Modifications Committee only in accordance with Section 11.6 of the Declaration. 3. Within thirty (30) days of receipt of a complete Review
Request, the Modifications Committee shall respond to the Owner.
The Modifications Committee's decision shall be rendered in one
of the following three forms: E. Implementation of Approved Plans 2. If construction does not commence on a project for which plans have been approved within one-hundred twenty (120) days of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the plans to the Modifications Committee for reconsideration. 3. The Modifications Committee shall include in any approval a maximum time period for the completion of any new construction or modification. The Owner may request an extension of such maximum time period not less than three (3) days prior to the expiration of the maximum time period, which the Modifications Committee may approve or disapprove, in its sole discretion. 4. If construction is not completed on a project for which plans have been approved within the period set forth in the approval or within any extension approved by the Modifications Committee, such approval shall be deemed withdrawn, and such incomplete construction shall be deemed to be in violation of the Declaration and these Design Guidelines. F. Appeal of "Not Approved" and "Approved as Noted" Decisions. Any Owner shall have the right to appeal a decision of the Modifications Committee by resubmitting the information, documents and fees set forth in this Article II; however, such appeal shall be considered only if the appellant has modified the proposed construction or modification or has new information which would, in the Modifications Committee's opinion, warrant a reconsideration. If an Owner fails to appeal a decision of the Modifications Committee or if the Modifications Committee after appeal again rules in a manner aggrieving the appellant, the decision of the Modifications Committee is final. The filing of an appeal does not extend any maximum time period for the completion of any new construction or modification, including the period for completion of initial landscaping, as set forth in Article III, Section C(3). G. Building Permits. If the plans submitted by an Owner require a building permit, it is the responsibility of the Owner to obtain such permit. The approval of the Modifications Committee is not a guarantee that such plans will be approved by the City of Scottsdale. If the city requires modifications to the plans, such modifications must be approved by the Modifications Committee. H. Fees. The Board may establish and charge reasonable fees for review
of applications. I. Enforcement. In the event of any violation of these Design Guidelines, including, but not limited to, those violations specified in Article II, Section E, the Declarant or the Board may take any action set forth in the By-Laws or the Declaration, including Section 11.8. The Declarant or the Board may remove or remedy the violation and/or seek injunctive relief requiring the removal or the remedying of the violation. In addition, the Declarant or the Board shall be entitled to recover the costs incurred in enforcing compliance and/or impose a fine, which fine shall not exceed ten percent (10%) of the cost of achieving compliance, against the Lot upon which such violation exists. A. Architectural Character: Modifications to, Additions to and Maintenance of Existing Homes. 1. The architectural design of any and all additions, alterations and renovations to the exterior of an existing home shall strictly conform to the design of the original home in style, detailing, materials and color. 2. The height of any addition to an existing home shall not
be higher than the 3. All materials used in the maintenance, repair, addition
to and alterations of 4. All building colors and materials shall meet the provisions of the Environmentally Sensitive Land Ordinance and all other applicable laws for upper desert and hillside landforms. Darker, rather than lighter, colors are preferred to minimize reflectivity. No paint colors shall be used which have a Light Reflectivity Value greater than forty percent (40%). Exterior paint and material colors shall not exceed a value of six and a chroma of six as indicated in the Munsell Book of Color on file with the City of Scottsdale Planning and Zoning Department. 5. When additions, alterations or renovations are performed to an existing home, the established lot drainage shall not be altered. All new or altered roofs shall drain to the ground solely within the deeded lot area. No roof may drain directly onto a neighboring property. 6. Mirrored surfaces and all treatments which change ordinary glass into a mirrored surface are prohibited. Gray or bronze tinted glass is recommended to minimize reflectivity. Clerestory windows are recommended over sky lights for their cooling principles and solar effectiveness. Non-mirrored window tinting is permitted. 7. Bright untarnished copper and other metallic surfaces shall
be treated to 8. All maintenance and repairs of existing homes shall be consistent with the Community-Wide Standard. B. Exterior Surface Materials. Exterior ground surfaces can be covered with hardscape or soft materials, such as granite or mulch ("softscape"). 1. Hardscape. The configuration of hardscape areas should be dictated by circulation patterns, the landscape design concept and in some cases the shape or configuration of the chosen paving material. Natural building materials like stone or integral-colored exposed aggregate concrete are a logical selection for exterior ground surfaces. Other choices including brown finished colored concrete or interlocking paving treatments are also acceptable as durable hard surfaces. The Owner and the Modifications Committee should consider the weathering capability of all exterior ground surfaces and proposed materials. The Arizona sunlight can be extremely destructive, with ultraviolet rays not only fading colors, but also causing major deterioration of certain materials and construction systems. For example, wood, when exposed to the sun, requires considerable maintenance and special finishes. It may crack or warp even when properly finished; therefore, its use should be limited, with the character of weathered wood being carefully considered wherever it is used. 2. Softscape. Softscape treatments include non-permanent surfaces such as plant materials, decomposed granite, soil cement or native granite rock. Softscape elements are typically porous allowing water to filter into the soil. Circulation patterns, amount of use and desired level of formality should be considered when selecting a surface treatment. For example, a mix of soil cement and decomposed granite is an alternative paving material for patios or outdoor seating areas as are bricks or stone laid on sand. Only decomposed granite, native granite rock or river rock is acceptable as a landscape material. Crushed rock, artificially colored or naturally mined rock that is uncommon to the Bellasera site shall not be permitted. Decomposed granite shall be specified as Madison Gold 3/4" to 1/2" minus. Native granite rock should be naturally colored, weathered rock to blend with the adjacent desert floor. If naturally weathered rock is not used, treat rock surfaces with Eonite, or equivalent product, to ensure the color is compatible with the desert surroundings. C. Landscaping Requirements and Guidelines. 1. Bellasera includes three major landscape zones: Natural Areas (unimproved common areas), high-use areas (residential yards), and Enhanced Areas. A landscape palette has been established for each of the landscape zones. The palettes build on one another creating a gradual transition between the different landscape areas. Appendix B, page 34, lists approved plant materials for each landscape zone. Because it is difficult to list every acceptable plant material, the Modifications Committee will consider other plant materials upon request. Plant species must be drought tolerant, arid-region materials that do not appear on the Prohibited Plant Materials List. Prohibited Plant Materials are listed in Appendix B-1 (page 42). The Modifications Committee reserves the right to refuse any plant material that, in its discretion, will not be compatible with the Bellasera community image or is not beneficial to the environment. Plant materials listed in Appendix B-1 are not acceptable under any circumstance. Some plants are inappropriate to the high desert environment because they are potentially destructive to the Native Species. Weed-like growth, pollen, excessive heights and water use make them incompatible with native species. 2. The Declarant has provided landscaping in the following areas: * All Common Area retention basins Pursuant to Article V of the Declaration, it shall be the responsibility of the Association to maintain the Common Areas and the Area of Common Responsibility consistent with the Community-Wide Standard, as those terms are defined in the Declaration. Natural Area Open Spaces shall be maintained in a natural state as required by the City of Scottsdale Environmentally Sensitive Lands Ordinance and any other applicable law. The Association shall perform all of its maintenance responsibilities without materially changing the original design except as provided in the Declaration. Plants used to replace existing landscaping shall be in conformance with the list of approved plant materials. 3. In order to provide an enhanced street scene and attractive street lighting, each homeowner will be provided with mature trees which are controlled by a specific set of installation guidelines. This program is known as the Street Tree Program. a. One Bellasera nursery tree will be given to each Series I homeowner. Two Bellasera nursery trees will be given to each Series II and Series III homeowner. b. Trees will not be selected by the homeowner, but dispensed based on location in nursery. Trees are primarily Foothills Palo Verde. c. Trees will be placed in the front yard of the homesite. In Series I, the tree must be placed within 3' of the sidewalk, or (no sidewalk) within 10' behind the curb. In Series II and III, one tree must be placed within 3' of the sidewalk, or within 10' behind the curb (no sidewalk). The second tree must be placed within 7' of the side property line and within the front 15' of the property. d. Developer-provided trees must be lit by at least one exterior "up-light" or "hanging fixture" located in the branches/canopy of the tree(s). e. Homeowner will provide hole(s) and an operational irrigation system before trees will be planted. Trees will be warrantied for one year under these conditions. f. Location for developer-provided trees must be identified on the homeowner's landscape design plans. Locations will be approved in accordance with these guidelines. It will be the homeowner's responsibility to alert 'Contractor' for the installation of the tree(s). With formal approval of Landscape Designs, homeowner will be provided with the Developer's approved landscape contractor's phone number, hours of operations, and installation coordination instructions. 4. If landscaping of a Lot is not provided by the Declarant, the Owner of such lot shall be responsible to provide full landscaping in all Front and Back Yards within a period of one-hundred twenty (120) days from close of escrow. Landscape minimums have been established in Appendix C-1, page 43, for Front and Rear Yards. The Owner shall supply the Modifications Committee with an initial landscape plan for his or her lot prior to initiating any work on the landscape plan and within thirty (30) days after the close of escrow. The procedures for submitting and obtaining approval are set forth in Article II of these Design Guidelines. All landscaping and landscaping plans shall comply with the following minimum requirements: a. The use of drought-tolerant, arid-region species is required for all yard landscaping except that limited turf areas are permitted as provided below. b. Front yard ground plane shall be covered with a combination of inert and/or living materials. Appendix C-1, page 43, sets forth the minimum requirements for living materials for each Lot size. Minimal turf areas are permitted by the City of Scottsdale Environmentally Sensitive Lands Ordinance and the approved Master Environmental Design Plan for Bellasera, but are subject to the restrictions set forth in subsections c, d, and e below. Turf is acceptable only if installed as Hybrid Bermuda sod and only if it meets the other requirements for turf outlined in these Design Guidelines. Not withstanding anything herein, seeded common Bermuda turf is not permitted in Residential Yards. c. Turf placed within the front yard should be adjacent to the entry walk, not exceed thirty percent of the total front yard area, including paved areas, and be physically separated from the adjacent landscape areas by a 4" curb, steel header or a decorative wall to prevent over spray and run-off into planter areas, sidewalks and streets. d. Turf areas must be a minimum of ten (10) feet in width. e. The total turf areas allowed within each lot shall not exceed ten percent (10%) of the gross square footage of the Lot. f. Inert materials shall include native granite rock, flagstone and decomposed native granite of a color that closely resembles the natural desert floor. No artificially colored rock or unnaturally colored rock shall be permitted as ground cover. Granite shall be Madison Gold 3/4" - 1/2" minus. Screened granite is not permitted. Granite specified as minus contains a range of sizes including fines which provides a more natural appearing surface. g. No statues, sculptures, depictions or artifacts will be permitted in front or street side yards. Fountains may be installed in rear yards and in front courtyards only, shall be limited in height to five (5) feet above the finished grade of the lot and must be compatible with the architectural character of the community. h. Seasonal annual beds are only acceptable for use within enclosed areas of the residential yard. This includes courtyards but does not include front yards that are not enclosed. Seasonal annuals may also be used within pots or containers. Exception: native annual species indicated on the approved plant species list are acceptable for use in residential yards and transition areas. i. Pots, containers, raised planters and hanging baskets may be used within enclosed areas of the residential yard. In situations where the front yard is not enclosed or there is not a courtyard, two pots may be placed immediately adjacent to the front door. Up to three additional pots may be placed in visible areas of any residence provided the total height plus width of any pot shall not exceed 72 inches. The finish of any pot that is not completely screened from view must be terracotta or muted desert tones which blend with the color of the home. Any plants on the approved plant list as well as seasonal annuals are acceptable for use in pots or containers (N, El, E2, E3 & E4). Plants on the Prohibited Plant List cannot be used under any circumstance unless otherwise noted on Appendix B-1. (Amended 10/29/00) j. Wildflower, native seed mixes and a selection of native wildflowers is provided on the Approved Plant List, Appendix B, page 34 for use in creating naturalized wildflower drifts within the residential yard landscape. Refer to Appendix B plants categorized as Native (N) Flowers (F). 4. Removal of plants and other landscaping on any lot is subject to the review of the Modifications Committee. D. Site Contouring Contour front yards to create visual interest in the landscape and produce soft, gentle transitions between the existing grade of the home and the adjacent street. Utilize contours to create micro-climates for planting. Use depressed areas to collect natural run-off for plants that benefit from additional water and mounded areas for cacti and other drought tolerant plants. Contouring should transition into grades on both sides of the Lot to create a flowing, continuous streetscape. All front yard landscape improvements must include contouring plans. E. Walls & Fences 1. Walls shall not be constructed within vista corridors, vista corridor easements, or vista corridor washes. 2. Solid, opaque walls adjacent to vista corridors shall be set back four (4) feet from the vista corridor for every one (1) foot of solid, opaque wall height above three (3) feet, but shall not exceed the maximum height of six (6) feet. 3. No alterations, changes or additional shall be allowed to walls constructed by the Declarant for or adjusted to any Lot without the prior written approval of the Modifications Committee. (a.) "Rabbit" fencing may be installed inside wrought iron view fences and on front courtyard gates. The fencing material must not exceed 24 inches in height as measured from the top of the knee wall and may not be opaque. Fence material must conform to color guidelines found on page 6 (Section J. colors, Light Reflectivity Value (LRV) of 40 or less), and page 15 (A)(7) required treatment of "Bright untarnished coper and other metallic surfaces to reduce reflections". Any material used to attach rabbit fencing to the view fencing must meet the same color requirements. (b.) Protective fencing is prohibited to be installed on plant
material located in the front yard landscaping and/or outside
the courtyard. The prohibited protective material shall include,
but is not limited to, mesh (any color), plastic - including
domes, chicken wire -opaque or otherwise, wooden crating, rabbit
fencing, or any similar devices. 4. Unless installed by Declarant, no courtyard wall (wall attached to home) shall be greater than five (5) feet above finished grade elevation nor be constructed in the front yard of any Lot closer than fifteen (15) feet to the front yard property line. 5. Decorative walls (free-standing walls) shall not exceed two (2) feet six (6) inches in height and must be set back a minimum of ten (10) feet from the edge of the sidewalk or, if no sidewalk is located on the Lot, a minimum of fifteen (15) feet from the back of the curb. Height is measured from finished grade along the exterior side (street side) of the enclosure. 6. Rear yard, side yard and patio wall surfaces shall be masonry, stucco or wrought iron. Acceptable wall materials are described below. Wall materials shall be selected to reflect the character of the homes and Neighborhood in which the Lot is located. Masonry must match the existing masonry used by the Declarant for constructing walls within the Neighborhood in which the Lot is located or shall be stuccoed and/or painted to match the home on the interior sides and the common community wall on the exterior sides. Stucco shall be applied to exterior wall surfaces to cover completely all masonry joints and CMU block. A minimum of two (2) coat application is required. Stucco should be a sand finish texture to approximate the surface of the stucco used by the Declarant on other walls in the Neighborhood in which the Lot is located. Wrought iron must match existing wrought iron in both style
and color (powder coat finish only) used by the Declarant in
the Neighborhood in which the Lot is located. 7. No chain link or similar material or wood, or split rail including traditional picket fences, shall be used as fence material on lots in Bellasera. The Declarant may utilize any temporary fencing material it deems necessary to protect its construction sites and maintenance yards. 8. Variance in wall height may be granted by the Modifications Committee for walls adjacent to public rights-of-way (provided that the majority of owners within that Neighborhood have signed written consents to such variance). 9. Unless otherwise specified, maximum height of walls shall be measured from the finished ground elevation on the highest side of the submitted wall. 10. Cut or fill slopes along the exterior of the wall shall be smooth and taper gradually to match existing grades. 11. Retaining walls which are partially below the finished grade or walls used as planters shall be properly moisture-proofed to avoid unsightly water staining. If staining occurs, the homeowner is responsible for the complete repair of the problem. F. Ancillary Equipment. 1. All ground-mounted pool, spa and water feature equipment shall be adequately screened from street view and from the view of neighboring property, including Lots and Common Area by a wall at least one (1) foot higher than the equipment to be screened. Such screening structures shall be considered an integral part of the architecture and shall match as closely as possible the design, color and exterior texture of the home. Screening structures shall be set back from the equipment according to manufacturer's recommendations or, if no recommendations are available, shall be placed a minimum of three (3) feet away from the equipment, to allow for adequate air circulation around the equipment, but may not trespass on a neighboring Lot without the written approval of the Owner of such Lot. If the setback requirements for a Lot would prohibit the construction of a screening structure as provided herein, a landscape buffer may be approved by the Modifications Committee as an alternative. 2. All air-conditioning units must be ground-mounted. The top of any unit may not exceed 36" from finished floor grade. G. Trash & Recycling Containers. No garbage or trash shall be stored in a yard except in covered containers. Trash & recycling containers may not be stored in the front yard of any home and shall be removed from the trash pick-up area on the same day that trash pick-up service is provided. Trash containers may be stored in rear yards or in side yards behind the wall enclosing the side yard. H. Signage All signs are prohibited within the community unless otherwise approved. However, one "security" sign may be installed in the front yard of a residence. Sign must be no greater than one hundred (100) square inches, no higher than eighteen (18) inches tall and placed no more than two (2) feet from the foundation of the home. I. Holiday Decorations. J. Lighting. 1. All exterior lighting shall comply with the requirements of the approved Environmental Master Design Plan, Scottsdale's Environmentally Sensitive Lands Ordinance, the Scottsdale Zoning Ordinance, and all other applicable laws. All lighting should be low level and recessed to shield the source of the light. 2. The maximum height of any outdoor lighting source shall be twelve (12) feet above finished grade at the base of the light standard. 3. Spotlights and floodlights are prohibited unless activated
by a motion detector. 5. No post lights will be permitted. 6. Shrubs shall be used to conceal landscape lighting fixtures. Junction boxes must be placed below grade to minimize daytime visibility of the hardware. 7. All fixtures must be incandescent or halogen lamps less than fifty (50) watts. Colored lamps are not allowed. Lighting is discouraged and not required in any circumstance. However, where accent or access lighting is desired, low voltage lighting is preferred because of its ability to produce dramatic lighting effects using extremely low wattage lamps. Lighting design should consider the use of downlights over uplights to lessen the impact to the nighttime sky. Use lighting in moderation as needed to produce reasonable and safe visibility for access or accent. K. Prohibited Structures. The following structures shall be prohibited in Bellasera: * Storage buildings or sheds (with the exception of buildings
or sheds located in side yards and that are screened from street
view and from view of neighboring property including Lots and
Common Area; L. Flag Poles. Flagpoles are not allowed in residential areas. Homeowners are advised to use brackets mounted on the house or garage to display flags. M. Accessory Buildings. Approval by the Modifications Committee shall be required. Submittal of construction documents including but not limited to plan and elevation views are required. It is the homeowner's responsibility to obtain all necessary local, state and national authority approvals and adhere to all code requirements. N. Pools. 1. All swimming pools and pool/spas shall be of the in-ground type, except that above ground spas may be permitted if the spa will be adequately screened from street view and the view of neighboring property, including Lots and Common Area. 2. All swimming pools, pool/spas and pool equipment shall be screened from street view and the view from neighboring property, including Lots and Common Area in the manner described in Article III, Section E(l). 3. All swimming pools and pool/spas shall be enclosed as required by applicable law. 4. Pool and spa drains must connect to the street. No pools can be drained onto open space or any other property. 0. Barbecues, Firepits and Fireplaces. Built-in barbecue units, firepits and/or fireplaces must be contained within the rear yard patio or courtyard and must be designed as an integral part of the home. Site chimney elements to avoid obstructing views from inside the house or from adjacent properties. To achieve this, the chimney element on fireplaces must be setback a minimum of ten (10) feet from any side view fence panel. Both gas and wood burning types of kivas are acceptable. P. Irrigation. The use of automatic, underground drip irrigation systems rather than traditional spray type systems is encouraged for irrigating landscape areas. Spray irrigation should be limited to turf areas because of its inefficiency and the effect it has on the micro-climate. Q. Patios and Courtyards. Patios and courtyards should be designed as an integral part of the architecture of the home so they can be shaded and protected from the sun by the walls of the home. R. Architectural Screening Shade Devices. Man-made screens and shade devices must appear as an integral part of the building elevation even though they may be installed after the building is completed or occupied. Materials must complement the architecture of the home and the Neighborhood in which the home is located. Awnings, colored window shading, steel or plastic shutters or wall mounted shading devices (inside or out) are not permitted. Window screening is permitted, however, screen fabric must be dark brown or black with frame painted to match color of home. Most screening and shading needs can be handled with properly placed landscape materials. S. Security & Screen Doors. Southwestern styles are approvable; no animal, plant or character depictions allowed. Security and screen door frames must be painted same color as the home. Screen doors with same southwest designs and/or 2-3 straight bars across the center of door for support are approvable. Screen fabric must be dark brown or black. "Invisible" roll screen doors with black or dark brown screens are approvable for doors visible from street elevations. T. Rain Gutters Rain gutters may be added to residences to prevent erosion of landscaped areas. All gutter installations must be configured to the appropriate Roof Drainage Plans for specific homes and elevations. In addition, they must be painted to match the home. Drainage shall not be conveyed onto adjacent properties. U. Gates. No gates to access the Common Areas shall be permitted. Side yard access gates must be designed, constructed and finished to match gates on Lots within the Neighborhood in which the Lot is located. Consideration should be given to heavy-duty steel jambs and gate frames. V. Ramadas and Gazebos. 1. All ramadas and gazebos must be detached from the existing
home. W. Drainage. 1. Contouring yards may not result in major changes to drainage
patterns on the Lot. X. Antennas and Satellite Dishes. 1. No antenna, satellite dish or other device for the transmission or reception of television or radio (including amateur or ham radios) signals will be allowed outside the Dwelling unit, except: a. those antenna whose installation and use is protected under Federal law or regulations (generally, certain antennae under one meter in diameter) provided that an application for such an antenna or other device must be submitted to the Modifications Committee and such application will only be approved if: i. First, the antenna or other device is designed to assure
the minimal visual intrusion possible (i.e., is located in a
manner that minimizes visibility from the street or an adjacent
lot and preserves the Community Wide Standard); and IV. NONLIABILITY FOR APPROVAL OF PLANS Article XI of the Declaration contains a disclaimer of liability
or responsibility for the V. CHANGES AND AMENDMENTS TO THE DESIGN GUIDELINES The Design Guidelines may be amended as follows: A. Changes to these Design Guidelines may be proposed by the Declarant or the Board. Additionally, any Owner may submit to the Modifications Committee proposed changes to these Design Guidelines for review and consideration. B. Any amendment to these Design Guidelines shall be approved by two-thirds (2/3) of the members of the Modifications Committee. C. Such amendment shall be promptly posted in a prominent place within the Properties. D. All amendments shall become effective upon adoption by the Modifications Committee. Such amendments shall not be retroactive to previous work or approved work in progress. E. In no way shall any amendment to these Design Guidelines change, alter or modify any provision of the Declaration, any Supplemental Declaration or the Articles or By-Laws of the Association. Casita Courtyard: The outdoor space enclosed by a casita, the main residence and Side Yard walls. These Courtyards are considered a part of the Side Yard and are not subject to landscape minimums. Plant species listed as N, El, E2, E3 and E4 are acceptable for use in Casita Courtyards. Courtyard: The portion of a residential lot at the front entrance area enclosed by low walls or fences for the purpose of creating a transition zone between the living area of the house and the Front Yard. Courtyards are considered Enclosed Areas of a Residential Yard and are required to be landscaped (refer to minimum standards for Front Yards outlined in Appendix C-l, page 43). Plant species listed as N, El, E2, E3 and E4 are acceptable for use in Courtyards. E. S. L. 0: Environmentally Sensitive Lands Ordinance: This project was developed in accordance with the ordinance. Copies are available at the City of Scottsdale. Enclosed Areas: Any portion of a Lot completely enclosed with a fence or wall or a combination of both. Enclosed Areas may be visible from adjacent properties. Plant species listed as N, El, E2, E3 and E4 are acceptable for use in Enclosed Areas. Front Yard: A space on any Lot unoccupied by a structure and defined by striking an imaginary line from the front comers of the residence, garage, or casita, perpendicular to the wall or fence. In most cases the Front Yard is the area between the street and the side yard walls and residence. In some cases, such as corner lots where there is dual road frontage, the Front Yard also includes the portion of the Lot outside the fence or wall along the adjacent road frontage. Front Yards are required to be landscaped according to the minimums established in Appendix C-l, page 43. Plant species listed as N, El and E2 are acceptable for use in Front Yards. Native Species: Any species of plant determined by the Master Developer to be indigenous to the Bellasera site whether ground cover, shrub, cactus, or tree, and listed in Appendix B as a Native plant (N). Native Species are acceptable plants for use in any landscape area. Natural Area Open Space (NAOS): That portion of the natural desert, which is undisturbed or revegetated to a level consistent with the surrounding, native plant densities and must remain as undeveloped open space. This is referred to as N.A.O.S. or Natural Area Open Space in documents pertaining to this project. Protected Plants: Native tree and shrub species with a caliper of four-inches (4") or greater or cacti six-foot (6') in height or greater, or any other plant deemed protected by the State of Arizona, City of Scottsdale or the Master Developer. Restored Natural Area: Areas damaged by previous construction or natural acts restored to a natural state by transplanting and/or planting native materials (N) in densities that replicate natural conditions typical to that area. Rear Yard: The space on any Lot, unoccupied by a structure that is defined by striking an imaginary line from the rear corners of the residence perpendicular to the side wall or fence. Rear yards must be landscaped according to the minimum requirements outlined in Appendix C-1 (page 43). Plant species listed as N, El, E2, E3 and E4 are acceptable for use in the Rear Yard. Residential Yard That portion of a Courtyard, Rear or Side Yard enclosed within solid masonry walls or a combination wall and view fence. Front Yards shall be considered a part of the Residential Yard except in situations where the Front Yard abuts a Natural Area or NAOS parcel. Residential yards that abut a Natural Area or NAOS parcel not separated by masonry walls or fences are considered Transition Areas. Plant species listed as N, El and E2 are acceptable for use in Residential Yards except where otherwise noted in these definitions. Side Yards: The space on any Lot, unoccupied by a structure that is enclosed with walls or fence which is not defined as Front or Rear Yard. Landscape standards do not apply where the Side Yard is enclosed by solid, opaque walls; however, Side Yards which are enclosed by view fence shall be considered Rear Yards and are subject to the landscape minimums outlined in Appendix C-1 (page 43). Capitalized terms that are not defined in these Design Guidelines shall have the same meaning as set forth in the Declaration. These Design Guidelines have been prepared by the Declarant for use at Bellasera. BELLASERA HOME CONSTRUCTION CO., d/b/a Del Webb Bellasera Home Construction Co., an Arizona corporation By:
BELLASERA CORP., d/b/a Del Webb Bellasera Corp., an Arizona corporation By: These Design Guidelines have been adopted by the Modifications Committee of Bellasera Community Association, Inc. on this ____ day of ______, 1997.
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