HomeMy WebLinkAboutOrdinances (O-96-1052)-12/17/1996
ORDINANCE 0-96-1052
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING
THE ZONING OF 6.684 ACRES OUT OF THE D.R. TEETER SURVEY, ABSTRACT
1518, TRACT 4A, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE AG
(AGRICULTURAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-
RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING
PUBLICATION.
WHEREAS, an application for zoning change was filed by State Park Building Group,
Ltd. on October 22, 1996 under Case No. Z-96-096; and,
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before such
hearing; and,
WHEREAS, notices were posted on the subject land as provided by the zoning
ordinance; and,
WHEREAS, public hearings to change the zoning and the Master Plan on the property
herein described were held before both the Planning and Zoning
Commission and the City Council, and the Planning and Zoning Commission
has heretofore made a recommendation; and,
WHEREAS, the City Council is of the opinion that the zoning change herein effectuated
furthers the purpose of zoning as set forth in the Zoning Ordinance and is
in the best interest of the citizens of the City of Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of Colleyville,
Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are
hereby amended insofar as they relate to certain land located in Colleyville,
Texas, described by metes and bounds (Exhibit B) by changing the zoning
of said property from the AG district to the PUD-R district, subject to all site
plans, supporting documents, and other conditions and restrictions imposed
and approved by the Council which are incorporated herein by reference
including, but not limited to: the Statement of Planning Objectives which is
Ordinance 0-96-1052
Page 2 of 16
Attachment 1 to this ordinance; the Site Plan, which is Attachment 2 to this
ordinance; ARTICLE IX of the Declaration of Covenants, Conditions and
Restrictions (CCR's) for Statepark Villas, Colleyville, which is Attachment 3
to this ordinance; and subject to the following conditions:
A. That subject to DRC approval, a detail drawing be added to the site
plan showing architectural and mechanical design of the emergency
access gate on Cheek-Sparger.
B. That the landscaping plan be approved as presented and not as a
concept.
C. That required landscaping on the perimeter be installed prior to
construction of any dwelling units.
D. That architectural guidelines in pages 19 through 26 of the proposed
restrictions (CCR's) be duplicated for incorporation into the PUD
ordinance with the understanding that City enforcement of those
standards does not constitute enforcement of deed restrictions, and
that no provision requiring administrative approval by a home owners
association shall be enforced by the City.
E. That an additional 10 (ten) foot landscaping setback from the
proposed property line on Jackson to the nearest fence, wall, parking
or other improvement be established.
, Sec. 2.
Any person, firm or corporation violating any of the provisions of this
ordinance as read together with the Zoning Ordinance of the City of
Colleyville and accompanying official Zoning Map thereto shall be guilty of
a misdemeanor and upon conviction thereof shall be fined in a sum not to
exceed Two Thousand Dollars ($2,000.00). Each and every day such
violation continues shall constitute a separate offense and shall be
punishable as such.
Ordinance 0-96-1053
Page 3 of 16
Sec. 3.
The City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative
method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the c3 rJl
Dt..UIttJ, V ,1996. -Il.
-ihe second reading and public hearing being conducted on the ~
.ut.U..ln.btr ,1996.
day of
day of
ATTEST:
CITY OF COLLEYVILLE
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an Harris, CMC
City Secretary
Ed Baker
Mayor
~D S TO FORM AND LEGALITY:
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Ross T. Foster
City Attorney
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BEING all that certain tract, parcel, or lot of land located in the D.R.
Teeter Survey, Abstract No. 1518, Tarrant County, Texas, and being a portion
of the tract of land described in Volume 7924, Page 2241, of the Deed Records,
Tarrant County, Texas (D.R.T.C.T.l, and more particularly described as
follows:
BEGINNING at a P.K. nail found in Jackson Road, said nail being 41.45 feet, N
35' 52' 58M W, from the West corner of Lot 13, Block 1, THE HILLS OF CENTRAL
PARK to the City of Colleyville, according to the corrected plat recorded in
Cabinet A, Slide 94, of the Plat Records, Tarrant County, Texas;
THENCE S 35' 52'58" E, along the southwest line of said Block 1, THE HILLS OF
CENTRAL PARK, at 121.45 feet passing a 1/2" iron rod found for the west common
corner of said Lot 13, and Lot 14, Block 1, THE HILLS OF CENTRAL PARK and
continuing along said southwest line in all 285.83 feet to a 1/2" iron rod
found for an angle point in said southwest line and for the northwest corner
of the 3.2507 acre tract of land described in Exhibit "C" of the aforesaid
Volume 7924, Page 2241;
THENCE South, 472.00 feet along the west line of said 3.2507 acre tract of
land, to a P.K. nail found, said nail being by deed in the centerline of Cheek
Sparger Road;
THENCE West, 635.20 feet to a P.K. nail found, said nail being by the deed the
centerline intersection of Cheek Sparger Road and Jackson Road;
THENCE North, 00' 25' 47" East, 111.02 feet to a 1/2 inch iron rod found,
said iron rod being by deed in the centerline of Jackson Road;
THENCE North, 36' 25' 17" East 208.33 feet to a P.K. nail found, said nail
being by deed in the centerline of Jackson Road;
THENCE North, 38' 55' 17" East, 546.19 feet to the Point of Beginning,
containing 6.684 acres of land, more or less.
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JUNE 17, 1996
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PLANNING OB.JECTIVES
The proposed 45-writ townhouse development will provide e.~sring and future Colleyville
residents with a quality alternative housing choice. The market for the proposed
development will be both "empty-nesters" and single homebuyers seeking a quality low
maintenance home which suits their individual lifestyles and is in a secure and attractive
environment. The complex and global lifestyles of the nineties have created the desire for
many individuals to downsize and simplifY their home requirements, thus freeing up time
and money to pursue business and personal interests. There is thus a strong need for good
security measures within the home and limited access to the community since extended
absences are to be expected. Our objective is to provide functional and lifestyle-oriemed
homes in an attractive and secure environment which are, for the most pan, maintenance-
free on the exterior. The average home size is e."Cpected to be 2600 square feet, and will
feature spacious rooms with quality finish details.
Entry to the community will be controlled and the grounds extensively landscaped. An
attractive perimeter fence composed of brick and decorative wrought iron will
complement the Georgian style architectural planned for the projec:, similar to the
townhouses of Beacon Hill in Boston and Georgetown in Washingtoa D. C. Enhancing
the community will be areas for strolling and relaxation. Plans include a walking trail for
moderate aerobic activity in a controlled access setting, as well as a sculpture garde~
featUring a commissioned piece of an, and an entrance fountain complemented by
landscaping and soft lighting. The common elements. perimeter wail and exterior
landscaping will be maintained by an association of the homeowners. Ownership of
elements not located on individual lots will also be maintained by this association.
Maintenance of the individual houses, with the exception of front and open side yard
landscaping, will remain the responsibility of the individuai homeowner.
DEVELOPl\tIENT SCHEDULE
Lot Develooment
Stan Date
Finish Date
February 1, 1997 if plat has been approved
May, 1997
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House Construction
Start Date
March, 1997 if fire concerns of an earlv start can be
satisfied.
To be dictated by sales but forecast at 15 homes per year.
Early 2000.
Build Rate
FInish Date
THE DEVELOPERS
.
Development of the proposed community will be a joint effort between Toronto (Canada)
based developers and builders operating in Dallas as StatePark Building Group, Ltd. and
W. Brown Custom Builders of the DallaslFt. Worth Metroplex. The principals of these
two companies bring together 60 years of combined experience in land development and
residential construction. StatePark is presently involved in a number of projects in
Uptown Dallas, their signature project presently under construction being Portobello By
the Creek, an upscale Mediterranean style townhouse project. W. Brown has been a
developer and builder of luxury homes and townhouses in the Metroplex since 1971.
Perhaps his signature project is Preston 1:,000, a highly successful upper-end townhouse
project on Preston Road in Dallas. He has also built many custom homes in Preston Trails,
Bent Tree, and the Southlake area. Together, the two experienced entities offer a
combined blend of abilities and financial strength that will help ensure the success of the
proposed community.
WATER & SEWER SERVICE
City water and sewer are currently to the perimeter of the site. Service will be provided
by connecting to these services. Individual sewer taps and water meters will be provided
to each townhouse lot.
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the Board shall have the power to enforce compliance with said rules and regulations by all
appropriate legal and equitable remedies, and an Owner determined by judicial action to have
violated said rules and regulations shall be liable to the Association for ail damages and costs,
induding reasonable attorney's fees, incurred by the Association in connection there'hith.
ARTICLE IX
USE OF PROPERTIES AJ.'ID LOTS; PROTECTIVE COVENAJ.VI'S
The Properties and each Lot situated thereon shall be constructed, developed,
reconstrUcted, repaired, occupied and used as follows:
9.01 Resid~nti~1 Purposes. Each Lot (including land and improvements) shall be used
and occupied for single flunily reside:1tial purposes. Except as hereinaftc provided, no Owner
or other occupant shall use or occupy such Owner's Lot, or pennit the same or any part thereof
to be used or occupied, for any purpose other than as a private single family detached residence
for the Owner or such Owner's tenants and their families and domestic servants employed on
the premises. Notwithstanding anything contained herein to the contrary, Owners or tenants of
dwellings that actually occupy such dwelling may use such dwelling for limited business
purposes consistent with roles and regulations promulgated by Declarant or the Board. In no
event shall such limited business use unreasonably interfere with the quiet e:ljoyment of the other
Owners of the residences constructed on their Lots or involve the sale of goods or merchandise
to the public. In addition, consultation with clients or customers at a residence constructed on
a Lot shall be pennitted only between 9:00 a.m. and 5:00 p.m. on regular working days
(excluding weekeI1ds and holidays). The use of a dwelling constrU~..ed on a Lot for the
maintenance of a personal or professional library; for the keeping of personal, business or
professional records of accounts; or for the handling of personal or professional telephone calls
or correspondence shall not be deemed to be a violation of these restricions. In addition, so
long as Declarant owns any Lot which is for sale, Declarant and its employees, representatives
and agents may maintain business, le3Sing and/or sales offices, sale models and other sales
facilities within the properties as Dec!arant shall deem appropriate.
9.02 Minimum Lot Area. Each Lot shall contain at least fit~n hundred (1,500)
square feet. No Lot shall be resubdivided; provided, however, that Declarant shall have and
reserves the right, at any time, or from time to time, upon the joinder and consent of the
appropriate county and/or municipal authorities, and with the joinder and consent of the directly
affected Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration of any
Lots then owned by Declarant, so long as, such replat results in e:u:h resubdivided Lot
containing not less than the minimum lot size prescribed by the zoning ordinances of the City
of Colleyville, Texas. Owners shall not unreasonably withhold or delay their joinder in or
consent to the replat or ame.'1dmeI1ts to the Plat. The privilege to replaI Lots owned by the
Declarant reserved in this Section 9.02 shall be exercisable only by Declarnnt.
9.03 Minimum Floor Space. All floor areas referenced below (unless otherwise
indicated) are for air-conditioned floor areas, exclusive of porches, garages, or breezeways
attached to the main dwelling. Each dwelling constructed on any Lot in the subdivision shall
contain a minimum of two thousand (2,000) square feet, of which not less than one thousand
(1,000) square feet (inclusive of floor area within garages) shall be cove:-ed ground floor area.
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9.04 Combining Lots. Any person owning two or more adjoining Lots may, with the
prior written approval of all Members, consolidate such Lots into a single building location for
the purpose of constructing one (1) ~d~"lrial strUc~re thereon (the pl~s and specifications
therefor being approved as set fonh m this Declaranon) and such other unprovements as are
permitted herein; provided, however, any such consolidation must comply with the rules,
ordinances and regulations of any governmental authority having jurisdiction over the Properties.
In the event of any such consolidation, the consolidated Lots shall be deemed to be a single Lot
for purposes of applying the provisions of this Declaration; provided, however, such Owner shall
continue to pay assessments on such Lots as if such Lots had not been consolidated and shall be
entitled to one vote for each Lot (determined prior to such consolidation) owned by such Owner.
Any such consolidation shall give conside::uion to easements as shown and provided (or on the
Plat and any required abandonment or relocation of any such easements shall require the prior
written approval of Declarant as well as the prior written approval of any utility company having
the right to the use of such easements. Combining of portions of Lots into a single building site
is prohibited.
9.05 Setback Requireme.uts and Building Location. All front, side and re31' setbacks
must be approved by the Architectural Control Committee, and must meet the requirements of
the Planned Unit Development approved by the City of Colleyville and the requirements of the
Plat. The location of the residence on eac.lt Lot and the facing of the elevation with respect to
the street shall be subject to the written approval of the Architectural Control Committee. No
building or structure of any type shall be erected on any Lot nearer to the property lines
indicated by the minimum building setback line on the Plat.
9.06 Height. No building or stIUCt11re on any Lot shall contain more than two (2)
stories or exceed, in height, the maximum height allowed by the City of Colleyville, such height
to be measured and determined in accordance with the method approved by the City of
Colleyville.
9.07 Driveways. Each Lot must be accessible to the adjoining street or alley by a
separate or common driveway suitable for such purposes and approved in writing as to design,
materials and location by the Architectural Control Committee before the residential strUcture
located on such Lot may be occupied or used.
9.08 Drainage. Neither the Dec!.arant nor its successors or assigns shall be liable for
any loss of, use of, or damage done to, any shrubbery, trees, flowers, improvements, fences,
walks. sidewalks, driveways, or buildings of any type or the contents thereof on any Lot caused
by any water levels, risin~ waters, or drainage waters: After the residence to be constructed on
a Lot. has been substantially completed, the Lot will be graded so that surface water will
generally flow to streets, alleys, drainage e:lSements, or Common Properties, and in confonnity
with the general drainage plans for the subdivision.
9.09 Utilities. Each residence situated on a Lot shall be connected to the water and
sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool,
or septic tank shall be placed or maintained upon or in any Lot, However, portable toilets will
be required during building construction. The installation and use of any propane, butane, LP
Gas or other gas tank, bottle or cylinder of any type, shall require the prior written approval of
the Architectural Control Committee, and. if so approved, the Architectural Control Committee
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may require that such tank, bottle or cylinder be installed underground. Any control boxes,
valves, connections, utility risers or refilling or refueling devices shall be compie~ly landscaped
with shrubbery so as to obscure their visibility from the streets within or adjoining the Properties
or from any other Lot.
9.10 Construction Requirements.
(a) The exterior surface of all residential dwellings shall be constrUcted
of glass, brick, stone, stucco, or other materials approved by the Architectural
Control Committee. It is specifically required that the exterior wall area of each
residence located within the Properties shall not have less than sixty
,-' percent (60%) brick, stone or stucco construction. All chimney or fireplace
enclosures shall be one hundred percent (100%) b~ stone or stucco
construction. The surface area of windows surrounded completely by brick may
be included within the computation of the exterior brick, stone or stucco wall area
of a residence. No previously used materials, other than fired antique brick, shall
be pennitted on the exterior of the residential strucnm:s located within the
Properties, without the prior written approval of the Archit.ectural Control
Committee.
The use of clay tile roofing materials within the subdivision is encouraged. No
roofing material shall be used without first obtaining the Architectural Control
Committee's written approval of same and no composition or wood roof
construction will be allowed on any dwelling. The Architectural Control
Committee will only approve roofing materials which are of the highest grade and
quality and which are consistent with the external design, color and appe3l'ance
of other improvements within the subdivision. The roof pitch of any StrUcture
shall be approved in writing by the Architectural Control Committee. Any
deviation of roof pitch must be approved in writing by the Architectural Control
Committee. Exterior paint and stain colors shall be subject to the written
approval of the Architectural Control Committee.
(b) Each residential structure shall have installed on the outside wall
thereof a service riser conduit, the location and length of such conduit to be
subject to the written approval of the Architectural Control Committee; provided,
however, no such conduit shall be visible from public streets, Common Properties
or adjoining Lots.
(c) All exterior construction of the primary residential Structure,
gaI4ge, porches, and any other appunenances or appendages of every kind and
character on any Lot and all interior construction (including, but not limited to,
all electrical outlets in place and functional, all plumbing fixtures installed and
operational, all cabinet work, all interior walls, ceilings, and doors shall be
completed and covered by paint, wallpaper, paneling, or tbe like, and all floors
covered by wood, carpet, tile or other similar floor covering) shall be completed
not later than thirty-six (36) months following the commence:nent of construction.
For the purposes hereof, the term .commencement of construction" shall be
deemed to mean the date on which the foundation forms are set.
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(d) No projections of any type shall be placed or permitted to remain
above the roof of any residential building with the exception of one or more
chimneys, air conditioning units, and vent stacks, without the written permission
of the Architectural Control Committee.
9.11 Garages. Each residential dwelling erected on any Lot shall provide garage space
for a minimum of two (2) conventional automobiles. All garage doors shall be equipped with
an automatic and remote controlled door opener, and shall be closed at all times when not in
use. Det3ched garages and stor.1ge rooms must be approved in writing by the Architectural
Control Committee. No carport shall be buil~ placed, const:ruct.ed or reconstructed on any Lot,
No garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose
inconsistent with the garaging of automobiles, unless a new garage is constructed to meet the
requirements of this Section.
9.12 Landscaping and SprinkJer System. Any and all plans for the landscaping of
front yards and of side yards, including alteIations, changes or additions thereto, shall be subject
to the written approval of the Architectural Control Committee. Each Lot on which a residential
dwelling is constructed shall have and contain an underground water sprinkler system for the
purpose of providing sufficient water to all front yards and all side yards. Weather permitting,
each Lot shall be fully landscaped within one hundred twenty (120) days after the date the
residence thereon is occupied. All lawns and landscaping within the Properties (unless situated
on terraces, patios or balconies) shall be maintained by the Association and shall be deemed to
be a part of the Common Propcmies for purposes of maintenance, care and regulation.
9.13 Fences. No fence, wall or hedge shalI be erec"..ed, placed or altered on any Lot
without the prior written approval of the Architectural Control Committee and the design of and
materials used in the construction of fences shall be subject to the prior writte."1 approval of the
Architectural Control Committee, No fence, wall or hedge shall be erected, placed or altered
on any Lot nearer to any street than the minimum building setback line indicated on the Plat,
unless otherwise permitted by the Architectural Control Committee and in accordance with the
requirements of the City of Colleyville. No fence, wall or hedge shall exceed ten (10) feet in
height unless otherwise specifically required by the City of Colleyville. No chain link fence or
other wire type fence shall be erected on any Lot except for temporary chain link: fencing
installed along the perimeter of the subdivision for interim security. Ail service and sanitation
facilities, clothes lines, wood piles, tool sheds and air conditioning equipment must be enclosed
within fe."1ces, walls and/or landscaping so as not to be visible from the adjoining Lots and
residential streets. Upon submission of a written request, the Architectural Control Committee
may, from time to time, at its sole discretion, permit Owners to construct fences or walls which
are in variance with the provisions of this paragraph where, in the opinion of the Architectural
Control Committee, the fence or wall is an integral part of the home.
9.14 Trash Receptacles and Collection. Each Owner shall make or cause to be made
appropriate arrangements with the City of Colleyville, Texas or private trash collection service,
for collection and removal of garbage and trash on a regular basis, unless such amngements are
made by the Association for the benefit of all Owners. If the Owner fails to make such
provisions, the Association may do so and assess the costs thereof to the Owner. Each and every
Owner shall observe and comply with any and all regulations or requirements promulgated by
the City of Colleyville, Texas, and/or the Association, in connection with the storage and
removal of trash and garbage. Ail Lots shall at all times be kept in a healthful, sanitary and
attractive condition. No Lot shall be used or maintained as a dumping ground for garbage,
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trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate
containers which shall be constructed of metal, plastic or masonry materials, with tightly-fitting
lids, or other containers approved by the City of Colleyville, Teas, and which shall be
maintained in a clean and sanitary condition. An Owner may place trash on the street curb or
alley abutting his Lot only in the mornings of those days designated by the City of Colleyville,
Texas, as trash collection days; provided, however, such trash must be kept neatly contained in
a sanitary, tightly-sealed metal, plastic or other container and any such containers shall be
removed from the street curb or alley in the afternoon of those days designated by the City of
Colleyville as trash collection days. No Lot shall be used for open storage of any materials
whatsoeVer, except that new building materials used in the construction of improvements erected
on any Lot may be placed upon such Lot at the time construction is commenced and may be
maintained thereon for a reasonable time, so long as the construction progresses without
unreasonable delay, until completion of the improvements, after which the materials shall either
be removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash,
debris, or other waste matter of any kind shall be burned on any Lot.
9.15 Exterior Lighting. No exterior light, including landsc3pe lighting, shall be
installed or maintained on any Lot without the prior written approval of the Architectural
Control Committee. Further, and notwithstanding such prior written approval, upon being given
notice by the ArchitectuIal Control Committee that any exterior light is objectionable, the Owner
of the Lot on which same is located will immediately remove said light or shield the same in
such a way that it is no longer objectionable.
9.16 W"mdow Coolers. No window or wall type air-conditioners or water coolers shall
be permitted to be used, erected, p1ac:d or maintained on or in any residemial building on any
part of the Properties.
9.17 Antennas Restrictions. No radio or television aerial wires or antennas shall be
maintained on the outside of any building nor shall any free standing antennas of any style be
pe:mitted. All radio or television aerial wires or antennas must be built within the main
strUcture and must not be visible from outside of such structure. The location of all satellite
dishes shall be subject to the prior writte.'1 approval of the Architectural Control Committee. No
satellite dish shall be visible from public streets, Common Properties or adjoining Lots.
9.18 Temporary Structures and Vehicles. No temporary struct'UI'e of any kind shall
be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent,
shack, barn or any other structure or building, other than the residence to be built thereon, shall
be placed on any Lot, either temporarily or permanently, and no residenc:, house, garage or
other structure appurte:13Ilt thereto shall be moved upon any Lot from another location, exceot
for a sale, pre-sale or construction trailer; provided, however, that Declarant reserves the
exclusive right to erect, place and maintain, and to permit builders and contractors to erect,
place and maintain such facilities in and upon the Property as in its sole discretion may be
n~-ssary or convenient during the period of and in connection with the sale of Lots,
construction and selling of residences and constructing other improvements on the Properties.
Such facilities may include, but not necessarily be limited to, a temporary office building,
construction and/or marketing trailer, storage area, signs, portable toilet facilities and sales
office. Declarant shall also have the temporary right to use a residence situated on a Lot as a
temporary office or model home during the period of and in connection with the construction
and sales operations on the Properties. Any truck, bus, boat, boat trailer, tr.ti1er, mobile home,
campmobile, camper or any vehicle other than conventional automobile shall, if brought within
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the Properties, be stored, placed or parked within the garage of the appropriate Owner or
concealed from view from adjoining Lots, Common Properties, or streets, unless approved in
writing by the Architectural Control Committee.
9.19 Parking. On-street parking and parking in driveways is pennitted; provided,
however, no inoperable vehicles, no stored vehicles, or vehicles not utilized on a daily basis
shall be pennitted to be parked in driveways or on the street, nor shall any vehicle be repaired
or washed in the driveways or while parked in the street.
9.20 Signs. No signs or flags shall be displayed to the public view on any Lot or from
any dwelling without the prior written approval of the Architectural Control Committee, witb
the following exceptions: (i) Declarant may erect and maintain a. sign or signs for the
construction, development, operation, promotion and sale of the Lots; (n) the patriotic display
of flags not exceeding 4' x 6' in size shall be pennitt.ed on customary holidays; and (Iii) signs
of customary dimensions (4' x 8' maximum) advertising said PlOpc1ty or portions thereof for
sale. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed,
shall comply with all sign standards of the City of Colleyville, Texas, as such standards may be
applicable to the Properties.
9.21 Drilling and Mining Operations. No oil drilling, water drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be pennitted upon or
in any Lot, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any Lot. No derrick or otber sttucture designed for use in boring for oil,
narural gas or water shall be erected, maintained or permitted upon any Lot.
9.22 Offensive Activities. No noxious or offensive activity shall be conducted on any
Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to
the other Owners. No animals, livestOCk or poultry of any kind shall be raised, bred or kept
on any residential Lot, except that dogs, cats or other household pets [not to exceed two (2)
animals] may be kept, provided that they are not kept, bred or maintained for commercial
purposes.
9.23 Duty of Maintenance.
(a) Owners and OCC'Jpants (including lessees) of any Lot shall, jointly
and seve.."aily, have the duty and responsibility, at their sole cost and expense, to
keep the Lot so owned or OCC'.lpied, including buildings, improvements, grounds
or drainage easements or othe:' rights-of-way incident theretO, and vacant land,
in a well-maintained, safe, clean and attractive condition at all times. Such
maintenance includes, but is not limited to, the following:
(i) Prompt removal of all litter, trash, refuse and waste;
(ll) Keeping exterior lighting and maintenance facilities
in working order;
(ill) Complying witb all government health and police
requirements; and
(iv) Repair of exterior damages to improvements.
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Notwithstanding the above described responsibilities of the Owners and
occupants of the Lots, the Association shall have the duty and responsibility, at
its sole cost and expense, to maintain the Common Properties, which maintenance
shall include:
(i) Lawn mowing on a regular basis;
(Ii) Tree and $rub pruning;
(ui) Watering Iandsc3ped areas;
(iv) Keeping parking areas, driveways, curbs, streets,
sidewalks and entry gates in good repair;
(v) Maintaining lawn and Iandsc3ped areas;
(vi) Repainting, restUning and general maintenance of
the exterior surfaces of the improvements; and
(vii) Repair of roofs.
(b) If, in the opinion of the Association, any such Owner or occupant
has failed in any of the foregoing duties or responsibilities, then the Association
may give such person written notice of such failure and such person must within
ten (10) days after receiving such notice, perform the repairs and maintenance or
make arrangements with the Association for making the repairs and maintenance
required. Should any such person fail to fulfill this duty and responsibility within
such period, then the Association, through its authorized agent or agents, shall
have the right and power to enter onto the premises and perfonn such repair and
maintenance without any liability for damages for wrongful entry, trespass or
otherwise to any person.
(c) Notwithstanding the provisions of Section 9.23(b) above, if, at any
time, an Owner shall fail to control weeds, grass and/or other unsightly growth,
the Association shall have the authority and right to go onto the Lot of such
Owner for the purpose of mowing and cleaning said Lot and shall have the
authority and right to assess and collect from the Owner of said Lot a sum up to
One Hundred and No/lOO Dollars ($100.00) for mowing or cleaning said Lot on
each respective OCC3Sion of such mowing or cleaning. If, at any time, weeds orAother unsightly growth on the Lot exceed six inches (6") in height, the
Association shall have the right and authority to mow and clean the Lot, as
aforesaid.
(d) The Owners and occupants (including lessees) of any Lot on which
work is performed pursuant to Sections 9.23(b) and ~ above shall, jointly and
severally, be liable for the cost of such work [such costs constituting a special
individual assessment as specified in Section 5.05(b) hereof] and shall promptly
reimburse the Association for such cost. If such Owner or occupant shall fail to
reimburse the Association within thirty (30) days after receipt of a statement for
such work from the Association, then said indebtedness shall be a debt of all said
persons, jointly and severally, and shall constitute a lien against that portion of
the Properties on which said work was perfonned. Such lien shall have the same
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attributes as the lien for assessments and special assessments set forth in this
Declaration, and the Association shall have the identical powers and rights in all
respects, including but not limited to tlIe right of foreclosure.
ARTICLE X
ARU11TI!:CTURAL CONTROL COMMlTI'EE
10.01 Architectural Control Committ..-. And as long as Declarant holds title to any
of the Lots, the Architectural Control Committee, hereinafter called the · Committee " , shall be
composed of three (3) or more individuals selected and appointed by the Declarant. At such
time as Declarant is no longer a Class B Member as provided in Section 3.02 above, the
Committee shall be composed of such individuals selected by a vote of the Members taken in
accordance with Section 3.03 hereof. The Committee sball use its best effortS to promote and
ensun: a high level of quality t harmony and conformity throughout the Propetties. The
Committee shall function as the representative of the ~"l1ers for the purposes herein set forth
as well as for all other purposes consistent with the creation and preservation of a first-class
residential development.
A majority of the Committ~ may designate a representative to act for it. In the event
of the death or resignation of any member of the Committee, the remaining members shall have
full authority to designate and appoint a successor. No member of the Committee, nor their
designated representative, shall be entitled to any compensation for services performed hereunder
nor be liable for claims, causes of action or damages (except where occasioned by gross
negligence or arbitrary and capricious conduct) arising out of services performed, actions take,
or inactions in connection witb any undertaking, responsibility, or activity hereunder or request
for action hereunder. At any time, the Declarant may delegate and assign to the Board of
Directors, all of the Declarant's power and right to change the membership of the Committee,
to withdraw or add powers and duties from or to the Committee, or to restore the powers and
duties of the Committee. Such action by the Declarant shall be effective upon recordation of
a written instrument properly reflecting same in the Office of the County Clerk of Colleyville
County, Texas.
10.02 An:hitecturaJ Approval. No building, structure, fence, wall or improvement of
any kind or natUre shall be erected, constructed, placed, altered, changed or modified on any
Lot until the plot plan showing the location of such building, strucmre, paving or improvement,
construction plans and specifications thereof and landscaping and grading plans therefor have
been submitted to and approved in writing by the Committee as to: (i) location with respect to
Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots
and improvements situated thereon; and any drainage arrangemen~ (ii) conformity and harmony
of external design, color, texture, type and appearance of e=cterior surfaces and landscaping with
existing structures and existing landscaping, (ill) quality of workmanship and materials; adequacy
of site dimensions; adequacy of structuIal design; propel facing of main elevation with respect
to nearby streets; and (iv) the other standards set forth within this Declar.ttion (and any
amendments hereto) or as may be set forth in bulletins promulgated by the Committee. The
Committee is autborized to request the submission of samples of proposed construction materials
or colors of proposed exterior surfaces.
F'mal plans and specifications shall be submitted in duplicate to the Committee for
approval or disapproval, At such time as the plans and specifications meet tlIe approval of the
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