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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 ~ ?;fA an Harris, CMC City Secretary Ed Baker Mayor ~D S TO FORM AND LEGALITY: +-T- Ross T. Foster City Attorney O-?fR-I052.. 1- of' Ie, tR AG RD - - .- - - - CC 2J -1 20 51 2C1 ,.. , 1 0 Cl N ---1 ( < I CC ~ I- W Z I I U 1_ ~AR Exhib',t A - o ",CU'o- J 052- S 0+ {(P 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. ~~ E)Cklb.,t B JUNE 17, 1996 O-?f9"'/052- ~ D-t {(p 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 Atfc1chme"t <l ~ O-Cj(p-/OS2. 7 of' 1(P 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. A ita chment(1 ~ ~ ..~ .c. .. . ~"" '", ~ +1< "'.. "q,. t 0.,.,. "'1< <>(( .... ~""" ....... ~<o.. .., ."" ........ ......,~ -b ~ "'". ..~ ~\..- -\ ,. "'.. .. ~I : ..- . :'III. at !! .. ~ . It .OUT" ~ " m t. , :1 ~! r It! 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" p r~ i, b ~i r.: r= Ii I~ ~ i r ~ H H i' 1; g " !'; !~ i , i I , i ~ I ~ J i f F I If fr r iii {If i f f f li i i I I I ~ __ I 1= If o ; . ; f I ; i : j j i ~ ~ J i : . . - i r i lIE JIl Hi ft" ... u~ i I . [ r tlm l .... j 1111 f I I ( 1m ili ili I i N o z Z Cl n :r J> z Cl ,., %l ,., C c: ,., II> ~ J>: ~ o " c: o )> n :lD ,., ell no =~ c.. ..... n .. c" ,.... ,... .. ., c -. ,.. C ,.. . "c . .. ..., . . . . . Z · ...: g ~ C .. Z ... .. Z . C .. . .. .. - . . .; i : I .. boo III hIlI liil h'l, .... 'ii! - O-CJ~-IOb 2. q 6>-(: Ie, 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. - 19 - D:'.f1U:.S\GREEN\SOISr A TEPlUC.OCL AH~c.~ f'flent 3 {).1 (p - 10 5 2. /0 C' f I ~ 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 - 20 - D:\FILE.SIGiU!.EN\SO'.sT ^ T'EPRX. DC!. Ii tta(hMe~t3 {)-9(P-ID5Z II of' 1(" 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. - 21 - D:\P1I.ESI~O\STA 1CPRX.DCt. A tt~(~t1\et\t '3 6)-';6>-(052- /2- o-P 1ft, (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, - 22 - D:'.1"lI..ES\GREEN\5O\S'r A TEPRX.DCt A ttd(~""'efl"':3 o -'1 f9 - { 0 5 2 '3 Df' I (p 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 - 23 - D.U'lI..ES\GilEEMSO\ST A TEPRX.DC!. ff ttcl ( 'rt n'\e ,,'t 3 0-9fs,-/OSZ 14- 0+ (~ 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. - 24 - ~~~~3TURX.:>n ()-9b-/OSZ. /5 Ol~ 1(0 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 - 25 - A~~~TPPRK.DCL {)-9ro-IOSZ /6 of' IUJ 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 - 26 - q:\P1l..ES\c:ntml'.$O\ST A TEPRK.DCt. It ..h~ c. h Me.,"'"t 3