Loading...
HomeMy WebLinkAboutOrdinances (O-91-827)-08/06/1991 20 21 22 23 24 25 1 ~:o~,~, liJcf 2 3 ORDINANCE 0-91-827 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ROBERT CHOWNING SURVEY, ABSTRACT 294 (43.300 ACRES), A PORTION OF TRACT 1 TO THE CITY OF COLLEYVILLE, TEXAS FROM ML TO PUD-R; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 WHEREAS, an application for zoning change was filed by David Bagwell on July 2, 1990 under Case No. Z-90-835 and, 8 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, 9 10 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, 11 12 WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, 13 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, 14 15 16 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; 17 18 NOW, THEREFORE, 19 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, and described by metes and bounds (Exhibit B) as follows: 26 Ordinance 0-91-827 Page 2 EXHIBIT "A" ... I' ... AG 13 181 JO R I '~ 7 4 . r Ordinance 0-91-827 Page 3 EXHIBIT "B" DESCRIPTION OF PROPERTY Being a tract of land situated in the Robert Chowning Survey, Abstract No. 294, City of Colleyville, Tarrant County, Texas and being a portion of that certain tract of land deeded to John L Cole as recorded in Volume 8087, Page 963 of the Deed Recards of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BE,GINNING at a 1-1/2" iron pipe found for corner, said iron pipe being the southeast comer of a tract of land deeded to Jerry W. Couch as recorded in Volume 8350, Page 1323 of the Deed Records of T~rrant County, Texas, said iron pipe also being S O<T07"O<iE, a dIstance of 83.3 feet, S 00'14'OO"W, 0 distance of 0 252.3 feet, S 88'54'OO"E. 0 distance of 24.00 feet and S 01'3S'OO"W 0 distance of 291.3 feet from the northwest corner of said Ro'bert Chowning Survey as per said deed recorded in Volume 8087, Page 963, Deed Records of Tarrant County, Texas; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N 01'13' 48" E, a distance of 21.38 feet to on iron rod set for comer in the south line of 0 40.0' wide Amber Pipeline Company easement, said pipeline easement recorded in Volume 7468, Page 796 of the Deed Records of Tarrant County, Texas; N 79'37'39"E, with the south line of said 40.0' pipeline easement, a distance of 737,55 feet to an iron rod set for corner; N 78'49'39"E, continuing with the south line of said 40,0' pipeline easement, a distance of 527.87 feet to an iron rod set for corner; Leaving the south line of said 40,0' pipeline easement and along 0 curve to the left on arc length of 109.68 feet to an iron rod set for comer, said curve having 0 central angle of 13" 13'51, a radius of 475.00 feet, 0 tangent length of 55.09 feet, a chord bearing of N 48"11'O-rW, and a chord length of '109.44 feet; N 54'48'02"W, 22.38 feet to an iron rod set for comer; along a curve to the right an arc length of 553.16 feet to an iron rod set for comer, said curve having 0 central angle of 59'48'02", 0 radius of 530.00 feet, a tangent length of 304.77 feet, 0 chord bearing of N54'24'01"E, and.a chord length of 528.40 feet; N 05'00'00" E, 85.45 feet to an iron rod set for comer; along a curve to the left an arc length of 235.79 feet to an iron rod set for comer, said curve having a central angle of 28'44'41", a radius of 470.00 feet, a tangent length of , 20:43 feet, a chord bearing of N 09"22'2'''W, and a chord length of 233.33 feet; N 23"44'41"W, 38.75 feet to on iron rod set for comer; N '6733'55"E, 80.02 feet to an iron rod set for comer; . along a curve to the right an ore length of 266.36 feet to on iron rod set for comer, said curve having a central angle of 28'47'40", a radius of 530.00 feet. a tangent length of 136,05 feet. a chord bearing of S 09"23'50.E, and 0 chord length of 263.56 feet; S 05"OO'Ocrw, 127.04 feet to on iron rod set for corner; alon9 a curve to the left an arc length of 433.83 feet to an Iron rod set for comer, said curve having a central angle of 52'53" er, a radius of 470,00 feet, a tangent length of 233,76 feet, a chord bearing of S 2,'26' 38"E. and a chord length of 418.60 feet; Ordinance 0-91-827 Page 4 THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE EXHIBIT "B" S 4753'1 oW, 143.18 feet to' an iran rad set far corner; alang a curve to' the right an arc length af 86.77 feet to' an iran rad set far carner, said curve having 0 central angle of 09'28'11", a radius af 5.25.00 feet. a tangent length af 43.48 feet, a chard bearing of S4.3"09'1(jE, and a chard length af 86.67 feet to an iran rad set fer carner in the sauth line ef the afarestated 40.0' wide Amber Pipeline Campany easement; N 80'12'39"E, with the sauth line af said 40.0' pipeline easement, a distance af 287.42 feet to' an iran red set far carner; S 75'58'21"E, cantinuing with the seuth line ef said 40.0' pipeline easement, a distance ef 193.32 feet to an iron rod set for carner; N 35'49'39"E, continuing with the south line of said 40.0' pipeline easement, a distance af 81.77 feet to a point for comer in Big Bear Creek; aleng the approximate centerline af Big Bear Creek' os recerded in said 'Velume 8087, Page 963 af the Deed Records of Tarrant Ceunty, Texas, the fellowing bearings and distances: S 61'04'21"E. a distance ef 298.26 feet to a paint far eorner; S .44'07'21" E, a distance ef 95.44 feet to a point fer comer; S 21'4S'39"W, o distance ef 126.88 feet to' a point fer corner; S 50'21'39"W, a distance of 1 31.35 feet to a point fer comer; S 36'58'39"W, a distance ef 161.62 feet to Q point fer carner; S 16'S7'33"W, passing an iran rad feund at a distance ef 134.00 feet, in all a distance ef 346.82' feet to an iron red set far cerner; S 8.3"3S'3oW, 0 distance ef 749.14 feet to on iron red set for comer; S 64'04'36"W, a distance ef S30.00 feet to a point for corner; S 89'25'36"W, a distance af 281.93 feet to an iron rod - set fer carner; S 2S'37'36"W, a distance ef 196,90 feet to' an iron rod found for carner; N 6S'06'24"W, a distance af 242.99 feet to' an iren rod found' for comer;. N 00'22'04"W, a distance af 167,14 feet to an iron rad found for corner; N 89'25'58"E, 0 distance of 7.45 feet to 0 fence' post for corner; N 00'2S'08" E, 0 distance af 423.79 feet to on iran rad feund for carner; N 00'OS'18"W, a distance af 377.43 feet to' the POINT OF BEGINNING and cantaining 42,474 acres ar 1,850,156 square feet af land, mare ar less, Ordinance 0-91-827 Page 5 1 2 3 by changing the zoning thereof from ML to PUD- R, together with all site plans, supporting documents, and other condi tions and restrictions imposed and approved by the Council, which are incorporated herein by reference. Exhibit "c" - site Plan; Exhibit "D" - PUD-R Zoning Application; Exhibit "E" - Proposed Development Standards; Exhibit "F" - Protective Covenants. 4 5 6 7 8 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. Sec. 2. 9 10 11 12 13 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. 14 15 AND IT IS SO ORDERED. The ading and public hearing being conducted on the c9.14 day , 1991. ~ The seco r. a ing and public hearing being conducted on the lj TA.r day of , 1991. r.f? The third~ding and pUblic hearing being conducted on the IdP ' day of ~' 1991. TABLED APPROVED: 6/ Iff I ATT T CITY OF COLLEYVILLE " ~ t:trd~k~~~ Mayor 16 17 18 19 20 21 22 ApprO~d as/~o Form and Legality: RO~ 1:tHity-Atto~~ey 23 24 25 26 I[J , . ~ ! Q. . --"-1'" I 'II J . -- : Ji" I m~~ i ~~~i; _ 'fl'-__ / "'--"'.,. il. ,....L. 1rf~ V '-~-. ....... ...1 "I!~ \ . I~_.""~'" J-~~~__~\ t. !J-~~-...o.' ".' / I I';' ,~~ - -....- -'"" --- 1./ I. / S. . ::c-+-L · , , ~...., ~ "-..t, ~ ...-........ --"-' -----r:.--:::-- ~ i '"::- ... 0__L------j Ordinance 0-91-827 ,---V J ~~I I. . ~ ~mz~ I ~ ~ ;~m' ~ I ;;;::: I I .. 888888 I ~ .e~w i5 o ~~..., g ~ !'~EU ~i ~ ~ ':~~;~ n ~ nmU; ~ :~!~;! Ii ; ~!IIII ~ mu Ii ::~:~' 'F ~ ~ ..... iill~-m ~ ~j ~~i . H' ~ I t- o R ::! ~ ~ i;~~ ~~i h~ al! i) ~I! ~I I i 8~ ~~ If ..........~\ \, ~..,. '\'. ........... \ .... \ ........... ~\;. ~ \, ~ ..!~.. It !t \ .~ \ ~ , n I x I I ~ s-:) \ '" ~i e~8 \, ......... 13 I~i ". ,~ t ........... \ \, .... J~ ............. ...t~\ '\ .... ~ ........ ~\ \ -.. ........ ".' \ \..........:~, , I , , \ \ J::' -< C to l (C I: ~ I . ; ~I~ ~~ ~~~ ! I il~i~. le~~1 i ~~~~i i ~ ~ , ,f~!i~; g~~~ i ~ ~:.d~~ .." ~ ~ ~~ ~~h ~:!l ~!- i~;1I Ji~ ~~ :;;u I ~~:II ~~ ~1..!lJ ' ii~~ ~ &t~ ~ '~~ ! ~~ ~ 5~ :. ~ ~ ~ "'" "l ~~ f;l ~ ""iI~ () " CI:l .., ~~... ~ g~Si~ :.,~ ~~i!,,~!;l.~. "ll;; ",i!'" ~ :<~ fii ~ :c: ;:~ hi t") ~i;; :< "l '" ~ I '" '" ... EXHIBIT "e" . ~ . ~~ /,/ /~ /ii~ll, .. It:"r~ / '"~e. Lmnl. @ ~ b;1 ~;; . C~I i I --- I ! I I 'prWfrpIU:JIJ [f ,l,f I .. I r it" ~Ill' 'I!~~rll: 1111;1 r ! IF! I u~ ~I~~~! ' ,r.t ~l. iI- J:J!~ rUf!d!; 'If li~ I 'U ...11 'f flh~'c.t nill l. ff lill ~lti;JII Ii!,; f. <I I f~ It I; t~i' 1!(1( ~ ,i ~f ~I;~ 'IHJ~II I'll I gr I' fl" flHM H.d i' ~I [Ij ~~. ~ll' hilI ,I f~ rlh ;tr[ot ~~', 1111111111 I111 II II III II Ii 1 II' r " r r [~ r r :' i~: ,I-I; Hn= mlll~ ~r 'I; I'UlH i Ir~ . It;H ~ ~ I~:H . I~~H ~ n~HI ~J iJ Ii i~ i' i~ I~ ~ I? ;;; ? ~ ~ I ~ l"t' ;l~ II! I.~ l~~~! ~ ~~~! ,~ i!~~ ~ ! ?~~! i i!~H ! i!~~H 1Jn i T n f f f m ff Ii f hi I~I ~I f: I~~!i:! JI!i~ : II!i: ! : Jl!i~ ~ II!i: ~ I~~i ~~ !' , . . , , , . , f' ,. ',' fIr. r. d "~'.. I.,. , 11f.. " I.,. ' 11f." l~, 'I J~~ a ii . ~ i ! ~ i i.. i.. J~t 'f " Of .':.1" .=h, ,.11 I I ,~h' ,.11 I :klh i. . I ' I I Il 8 , .1 II - i' Ii 'I' '1 ill I' 'If~lh r ;111' "lh" 'Ilf f ~. h' ~'fi 1 I 1 [ [ I I [ I I [ J Z " ~ '1 u. 1 f If. '1 f . 1 I I . 1 l . 1 f -. I, ,~ "" ~!.,' " f!f If If 't f'~f' I ~f~ I Lf. I I Lf~ l Off, I ~ff~ .1 · , , ,. [. i i i i i 'j:' 'j' lil.~ I J1.~' il.e " =t.~ I il'~' i1.~l j~ : ~ ~ ~ ;f ,r ", JI I i~ j. ~l f:l'di J 1.111 I ,.dl J J l!dl ,I l'lli l I'illl i~' [ "i' . l' 'i" l' 'i' 'i' 'i' .~ 0-- ~Ordinance 0-91-827 Page 7 EXHIBIT liD" COLE PROPERTY PUD-R ZONING APPLICATION PLANNING OBJECTIVE: The proposed 42.428 acre Development will consist of 83 residential lots and open space. The lots will be on approximately 34.00 acres and will average roughly 13,633 square feet in size. The objective of this proposed development is to provide a single-family residential subdivision in a creative, effi- cient, and aesthetically desirable design and with the arrangement of lot layout, open space, and circulation patterns to best utilize special site features such as topo- graphy, size, and shape. The Open Space will utilize the creek areas of the property and will connect to the park ~ planned for Ross Downs adjacent to the Development on its south side. This Open Space will provide active play areas for this neighborhood. LEGAL DESCRIPTION: See attached "Description of Property" DEVELOPMENT SCHEDULE: Construction of the Development is proposed to commence within six months of approval of the zoning, platting, and construction plans by the City of Colleyville. OWNERSHIP: The present and proposed ownership of the Development is: PRESENT OWNERSHIP PROPOSED OWNERSHIP John L. Cole, Trustee 8144 Walnut Hill Lane Suite 752, LB 4l Dallas, Texas 75231 The David Bagwell Company 5500 Preston, Suite 225 Dallas, Texas 75205 WATER AND SEWER: Water and sewer services will be provided to the Development as required by the City of Colleyville. APPLICANT: I certify that the information presented hereLn represents a reasonably accurate portrayal of the general nature, character, and feasibility of the proposed Development. DAVID BAGWELL COMPANY By: Date: Ordinance 0-91-827 Page 8 EXHIBIT "E" COLE PROPERTY: Development Standards 1. Residential Use a. Single-family dwellings only, not to exceed two stories. 2. Size and Condition of House -- a. Minimum house size to be 2,000 s.f. (single story) and 2,300 s.f. (two story). b. 85% constructed of brick, stone or approved masonry on the first floor. 3. Landscaping and Retaining Walls a. All retaining walls, planter walls and mail boxes visible from any public right-of-way shall be con- structed of brick, stone, wrought iron or a combina- tion thereof. 4. Garages a. Maximum of three car garage. b. Minimum of two car garage. c. Front, side or rear entry (corner lots require matching masonry wing screening wall acceptable to the Architectural Control Committee on side street if garage is to be accessed from side street). 5. Roof a. 8/12 pitch b. Slate, copper, clay tile or Architectural Control Committee approved composition shingle. 6. Exterior Surface Site plan and all elevations shall be approved by the Architectural Control Committee. 7. Sidewalks and Driveways Front sidewalks will be required. All driveways and sidewalks shall be of concrete or of clay brick or con- crete brick pavers approved by the Architectural Control Committee. Ordinance 0-91-827 Page 9 -2- 8. Fences and Walls Fences and walls shall be no higher than 8 feet. All fence designs must be approved by the Architectural Control Committee. 9. Storage of Non-Motorized Vehicles and Equipment None allowed where visible from streets, Common Area and adjacent lots. 10. Covenant to Complete Construction a. Construction must begin within one year from acquisition of the lot. b. Construction must be complete within six months. 11. Antennas a. No radio or TV antennas visible on the property. b. Satelite dishes must be screened and shall not be visible from streets and adjacent lots. c. No ground mounted radio antennas will be permitted. 12. Vehicles a. No vehicle may be parked on public right-of-way over 24 hours. b. Storage of trucks or other oversized vehicles shall not be allowed in driveways. Ordinance 0-91-827 Page 10 ~ f-;tJ-rl EXHIBIT "F" mE STATE OF TElUIS KNOW ALL HEN BY nlESE PRESENTS: COUNTY OF TARRANT THAT (the "Declarant"), is the owner of all that certain tract of land platted and described as Lots _____, Block _ and Lots ____ of Block _' and (the "Addition"), an Addition to the City of Colleyville (the "City"), Tarrant County, Texas, according to the plats thereof (the "Plats") recorded in Cabinet _' Hanger _ and Cabinet _' Hanger _ of the Plat Records of Tarrant County (the "County"), Texas. Declarant has subdivided the property into single-family lots as shown on the Plats. Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditioM (the "CCR's"), which are for the purpose of establishing a general scheme for the development of all of the lots in the Addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the property or any part thereof, and which shall inure to the benefit of each owner thereof. ARTICLE CONSTRUCTION Qf IMPROVEMENTS AND USE Qf I&I2 Section 1.1 Residential Use. All lots shall be used for single-family residential purposes only. No temporary or permanent building or structure shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached Single-family residence per lot, which residence may not exceed two (2) stories in height, and a private garage as provided below. Section i.2 Sinale-FamilY~. Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no more than two unrelated persons living and cooking together as a single housekeeping unit, together with any household servants. Section 1.3 Garaae Required. Each residence shall have private garage suitable for parking not less than two (2) or more than three (3) standard size automobiles, which garage conforms in design and materials with the main structure. Section 1.4 Restrictions 2D Resubdivision. None of the lots shall be subdivided into smaller lots. Section 1.5 Driveways. All driveways shall be surfaced with c,oncrete, asphalt or similar substance approved by the Committee. Section 1.6 Uses Specifically Prohibited. (a) No temporary dwelling, shop, trailer or mobile home of any kind or any improvement of a temporary character ("xcept children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a lot only in places which are not visible from any street on which the lot fronts) shall be permitted on any lot except that the builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a given lot during construction of the residence on that lot, No building material of any kind or character shall be placed or stored upon the property until the owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected. (b) No boat, marine craft, hovercraft, aircraft, recr"ational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street in the Addition, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless completely concealed from public view, No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. (c) Trucks with tonnage in excess of one ton and any vehicle with painted advertisement shall not be permitted to park overnight within the Addition except those used by a builder during the construction of improvements. JR-7/20/90 -1- Ordinance 0-91-827 Page 11 (d) No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Addition at any time. (e) No vehicles or similar equipment shall be parked or stored over night in an area visible from any street except passenger automobiles and pick-up trucks that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. (f) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Addition, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Addition. No derrick or other structure designed for using in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Addition. (h) No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Addition except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude health or safety of the community. No more than four (4) pets will be permitted on each lot. Pets must be restrained or confined on the homeowner's back lot inside a fenced area or within the house. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. (i) No lot or other area in the Addition shall be used as a dumping ground for rubbish or a site for the accumulation of unsightly materials of any kind, including without limitation, broken or rusty equipment, disasseri>led or inoperative cars and discarded appliances and furniture. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improvements may be stored on lots during construction so long as construction progresses without undue delay. (j) No individual water supply system shall be permitted in the Addition. (k) No individual sewage disposal system shall be permitted in the Addition. (1) No garage, garage house or other out-building (except for sales offices and construction trailers during the construction period) shall be occupied by any owner, tenant or other person prior to the erection of a residence. (m) No air-conditioning apparatus shall be installed on the ground in front of a residence. No air- conditioning apparatus shall be attached to any front wall or window of a residence. No evsporative cooler shall be installed on the front wall or window of a residence. (n) Except with the written permission of the Committee, no antennas, discs or other equipment for receiving or sending sound or video messages shall be permitted in this Addition except antenn!IS for 11M or FM radio reception and UHF and VHF television reception. All antennas shall be located inside the attic of the main residential structure except that, satellite disc with the written permission of the committee one or other instrument or structure may be placed in the backyard so long as it is completely screened from view from any str""t, alley, park or other public area. (0) No lot or improvement shall be tlsed for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Addition, nor shall anything be done which is or may become an annoyance or nuisance to the rieighborhood. Nothing in this subparagraph shall prohibit a builder's temporary tlse of a residence as a sales office until such builder's last residence in the Addition is sold. Nothing in this subparagraph shall prohibit an owner's use of a residence for quiet, inoffensive activities such as tutoring or giving art lessons so long !IS such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners' use and enjoyment of their residences and yards. (p) No fence, wall, edge or shrub planting, which obstructs sight-lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any comer lot within the triangular area formed by the street right-of-way lines and a line connecting them at points ten (10) feet from the intersection of the street right-of-way lines, or, in the case of a rounded property comer, from the intersection of the street right-of-way lines as extended. The same ten (10) feet sight-line limitation shall apply on every lot as measured from the intersection of a str""t right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permItted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-lines. JR-1!20!90 -2- Ordinance 0-91-827 Page 12 (q) EKcept for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any lot, it being the intention that only new construction be placed and erected thereon. (1') Within easements on each lot, no structures, planting or ll1"terials shall be placed or permitted to remnin which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow within drainage channels or swales, or which may obstruct or retard the flow of water through drainage channels or swales. (s) TIle general grading, slope and drainage plan of a lot may not be altered without the approval of the Committee and the City and other appropriate agencies having authority to grant such approval. (t) No sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of not more than one (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for rent or sale, or signs used by a builder to advertise the property during the construction and sales period. Declarant or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. (u) TIle drying of clothes in public view is prohibited. TIle owners and occupants of any lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to public view shall construct a drying yard or other suitable enclosure to screen from public view the equipment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles. (v) EKcept within fireplaces in the main residential dwelling and except for outdoor cooking, no burning of anything shall be permitted anywhere within the Addition. Section 1.7 Minimum Floor~. TIle total air-conditioned living area of the main residential structure, as measured to the outside of eKterior walls but exclusive of open porches, gltrages, patios and detached accessory buildings, shall be not less than two thousand (2000) square feet for single story dwellings and two thouslU1d three hundred (2300) square feet, or the minimum habitable floor area as specified by the City, whichever is the greater. Section 1.8 8uildina Haterials. The total eKterior wa11 area of the first floor of each building constructed or placed on a lot shall be not less than eighty-five percent (85\) (or such higher percentage as may be required by the City) brick, brick veneer, stone, stone veneer, or other material approved by the Committee. Windows, doors, openings, gables or other areas above the height of the top of standard height first-floor windows are excluded from the calculation of the total eKterior wall area. Roofing shall be of a substance acceptable to the City, the Federal Housing Administration ("FHA"), the Veterans Administration ("VA") and the Committee. Roof pitch shall be 8/12 unless otherwise approved by the Committee. Section 1.9 Side Line and r.t:!!nJ; !.!M Setback Restrictions. No dwelling shall be located on any lot nearer to the front lot line or nearer to the side lot line than the minimum setback lines shown on the Plat or required by the City. In any event, no building shall be located on any lot nearer than twenty (20) fee to the front lot line or nearer than five (5) feet to any side lot line (interior lot line), eKcept that structures on corner lots shall be no nearer than ten (lO) feet to the side property line adjoining the street. For the purposes of these covenants, eaves and steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. Section 1.10 Waiver 2f Setback Reauirements. With the written approval of the Committee, any building may be located further back from or closer to the property line of a lot than provided above, where, in the opinion of the Committee, the proposed location of the building will not substantially detract from the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots. Section 1.11 Fences and Walls. Any fence or wall must be constructed of masonry, brick, wood or other material approved by the Committee. No fence or wall shall be permitted to extend nearer to any street than the front building line of any residence. Fences or walls erected by Declarant shall become the property of the owner of the lot on which the same are erected and, as such, shall be maintained and repaired by such owner except as provided in Article III. No portion of any fence shall exceed eight (8) feet in height from the ground level on which fence is built. Section 1.12 Sidewalks. All sidewalks shall conform to the City, FHA and VA specifications and regulations. Section 1.13 Mailboxes. Mailboxes shall be constructed of a material and design approved by the Committee. JR-7/20/90 -3- Ordinance 0-91-827 Page 13 ARTICLE II ARCHITECTURAL ~ Section 2.1 Appointment. Declarant shall designate and appoint an Architectural Control Committee (herein called the ("Committee") composed of three (3) individuals, each generally familiar with the residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with this declaration. Section 2.2 Successor. In the event of the death, resignation, or removal by Declarant of any member of the Committee, the remaining member(s) shall appoint a successor member. In default of such appointment, Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to c""",,nsation for, or be liable for claims, causes of action or damages arising out of, services performed pursuant to this declaration. Section 2.3 Authoritv. No landscaping shall be undertaken and no bUilding, fence, wall, or other structure shall be comnenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets; (h) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping in relation to the various parts of the proposed improvements and in relation to improvements on other lots in the Addition; and (c) the other standards set forth within this declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered to consider and review any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more lot owners or the general value of lots in the Addition. In considering, the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider only the general appearance of the proposed building as that can be determined from front, rear and side elevations on submitted plans. Section 2.4 Procedure for Approval. Final plans and specifications shall be submitted in duplicate by certified mail to the Committee. The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this declaration. The Committee is authorized to request the submission of samples of proposed construction materials, At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other c~lete set of plans shall be marked "Approved", signed by a majority of the Committee and returned to the lot owner or his designated representative. If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a majority of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall the Committee give verbal approval of any plans. If the Committee fails to approve or disapprove such plans and specifications within ninety (90) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee received the plans. The Committee's receipt of the plans may be established by a signed certified mail receipt. Section 2.5 Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective o~ the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures from being built in the Addition. The Committee shall also have the authority to require a minimum roof slope, to specify that chimney flues be covered with brick or masonry or wood, to prohibit the use of light-weight composition roof material, to approve the colors of roofing materials, to require the use of anodized aluminum divided light windows, and generally to require that any plans meet the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate bulletins regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this declaration. Section 2.6 Termination; Continuation. The Committee appointed by Declarant shall cease to exist on the earlier of: (a) the date on which all the members of the Committee file a document declaring the termination of the Committee, or (b) the date on which residences have been constructed on all lots in the Addition. Notwithstanding JR-7!20!90 -4- Ordinance Page 14 0-91-827 the above provision, at any ti~ after the termination of the Committee, the record owners of a majority of the lots in the Addition shall have the authority to record an instrument which provides for a committee elected by the homeowners to continue the functions of the Committee, which instrument shall establish election or appointment proced~s whereby the homeowners' committee members shall be chosen and a notice procedure whereby all homeowners in the Addition will receive notice of such procedures. If there is no Committee or homeowners' committee, no approval by the Committee or homeowners' committee shall be required under this declaration; variations from the standards set forth in this declaration shall be made in accordance with the general development standards as reflected in the plans, construction materials, landscaping and other matters approved by the Committee or homeowners' committee during their periods of control. Section 2.7 Liability 2! Committee. The members of the Committee shall have no liability for decisions made or not made by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors or omission from the plans or the site plan submitted to the Committee shall be the responsibility oC the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' c""t'liance with the general provisions of this Declaration, City codes, state statutes or the common law, whether the same relate to lot lines, building line, easements, or any other issues. ARTICLE I II SPECIAL FENCIIlG l\!!Q LANllSCAPIIlG Section 3.1 ~,Walls and Sorinkler Systems. For a period of ten (10) years after the recording of this document, Declarant shall have the right to erect, install, maintain, repair and/or replace fences, walls and/or sprinkler systems within that portion of any lot located outside the building lines as shown on the Plat (the "Restricted Area"). Any fence, wall or sprinkler system shall be the property of the owner of the lot or on which such fence, wall or sprinkler system is erected or installed, subject to the easements and rights of Declarant set forth below. No fence, wall or sprinkler system shall be erected or installed in the Restricted Area by the owner thereof without the prior written consent of Declarant. Section 3.2 Landscaoina. Declarant shall have the right to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landsc~ping on any portion of the Restricted Area of any lot. In the event Declarant does not landscape the Restricted Area, the owner thereof may plant grass and, with the prior written consent of Declarant, may landscape and piant trees and shrubs in the Restricted Area. Section 3.3 Easement. Declarant shall have, and hereby reserves, the right and easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth above. Section j.4 Maintenance!!y Indiyidual ~ Owner. In the event Declarant does not maintain or repair any fences, walls, grading, planting or landscaping erected, installed or situated within the Restricted Area, then the owner of the lot shall, at his expense, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in a good and neat condition and appearance; provided, however, that the lot owner shall give Declarant ten (10) business days' written notice before doing any maintenance other than mowing, edging and trimming. So long as the Restricted Area and any fences, walls, grading, planting and landscaping thereon are being reasonably maintained and repaired by Declarant, the owner of such lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of Declarant. In no event shall the owner of any lot perform any maintenance or repair work on any sprinkler system within the Restricted Area without the prior written consent of Declarant. When any fence situated within the Restricted Area deteriorates or is damaged to the extent that repair or replacement of any portion of the fence is needed, the lot owner shall repair or replace the fence with a fence which is identical to the fence being repaired or replaced. Section 3.5 Each lot owner hereby covenants and agrees to maintain the Grading Plan attached hereto as Exhibit Section 3.6 Declarant's Discretion. Notwithstanding any provisions herein to the contrary, Declarant shall nevp.r be obligated to erect, install, maintai~, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any lots. Section 3.7 Ten-Year Ltmitation. The provisions of this Article regarding Declarant's rights shall terminate and be of no further force and effect from and after that date which is ten (10) years after the recording of this document unless, pursuant to Section 4.13, the homeowners elect to exercise Declarant's rights hereunder. Section 3.8 &!!!! Yard~: There exists a storm drainage system parallel for the property. Each owner hereby covenants and agrees to strictly adhere to the following obligations: JR-7!20/90 -5- Ordinance 0-91-827 Page 15 a) The owner of each lot shall maintain any drainage swales on his lot free of debris and mowed to a height not to exceed two inches; b) The owner of each lot shall build and maintain any fences across yard swales so that none of the swale width is closed by fence material, except as may be approved by the Committee. ARTICLE IV GENERAL PROVISIONS Section 4.1 Easements. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat and over the rear ten (10) feet of each lot. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. Declarant reserves the right to make changes and additions to the above easements for the purpose of most efficiently and economically installing improvements. By acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot. Section 4.2 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the Plat are incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant, conveying lots in the Addition, whether specifiCally referred to therein or not. Section 4.3 121 Maintenance. The owner and occupant of each lot shall cultiVate an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run along the property line. Grass, weeds and veqetation on each lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetables shall be grown in any yard that faces a street. No owner shall permit weeds or grass to grow to a height of greater than six inches (6") upon his property except as provided in paragraph 3.8. No foundation planting, shrub or other vegetation near the house shall be allowed to grow above the bottom of any window. Upon failure of any owner to maintain any lot, Declarant or its assigns may, at its option, have the grass, weeds and vegetation cut as often as necp.ssary in its judgment, and the owner of such property shall, be obligated, when presented with an itemized statement, to reimburse Declarant for the cost of such work. This provision, however, shall in no manner be construed to create a lien in favor of any party on any property for the cost of such work or the reimbursement for such work. Section 4.4 Maintenance 2l Improvements. Subject to the provisions of Article III, each lot owner shall maintain the exterior of all buildings, fences, walls and other improvements on his lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit the roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking BreaS or other exterior portions of the improvements to deteriorate in an unattractive manner. Section 4.5 Mortaaaes. It is expressly provided that the breach of any of the foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Section 4.6 ~. The foregoing covenants and restrictions shall run with and bind the land and shall remain In full force and effect for a term of thirty (30) years after this declaration is recorded. They shall be automatically extended for successive periods of ten (10) years unless amended as provided above. Section 4.7 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way ,affect any other condition, covenant or restriction, each of which shall remain in fuU force and effect. Section 4.8 8indina Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of, and is binding upon, each and every person acquiring any part of the Addition, it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except land in the Addition. This instrument, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition is on notice of the conditions, covenants, restrictions and agreements herein contained. JR-7!20!90 -6- Ordinance Page 16 0-91-827 Section 4.9 Enforcement. The owner of any lot in the Addition shall have the easement and right to have each and all of the foregoing restrictions, conditions and covenants herein faithfully carried out and performed with reference to each and every lot in the Addition, together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof, it being the intention hereby to attach to each lot in the Addition, without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition whether owned by the undersigned, its successors and assigns, or others. Failure by any owner, including Declarant, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4.10 Definition 2!: "Owner". As used herein, the term "owner" shall refer to the record owner, whether one or more persons or entities (including contract sellers), of the fee simple title to a lot on which there is or will be built a single-family residence, but not inclUding those having an interest merely as security for the performance of an obligation. Section 4.11 Other Authorities. If other authorities, such as the City or County, impose more demanding, expensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Other authorities' imposition of lesser requirements than those set forth herein shall not supersede or diminish the requirements herein. Section 4.12 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot. Any notices or correspondence to the Committee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Conmittee pursuant to an instrument recorded in the deed records of the County. Section 4.13 Homeowners Election. If at any time, a majority of the owners of lots in the Addition execute and record a document stating their intent and desire to perform some or all of Declarant's landscaping, maintenance, approval, or other rights or functions hereunder, and if such document provides a reasonable procedure for notifying all owners and for delegating responsibility and performing such functions, and if such document is approved and executed by Declarant, then such owners shall be entitled to all the discretion, authority, easements and rights of Declarant with respect to the matters as to which the homeowners elect to assume responsibility. Section 4.14 Amendment. At any time, the owners of the legal title to sixty percent (60\) of the lots within the Addition (as shown by the County records) may amend the covenants, conditions and restrictions set forth herein by recording an instrument containing such amendment(s), except that, for the ten (10) years following the recording of this declaration, no such ......ndment shall be valid or effective without the joinder of Declarant. EXECUTED this _ day of Address: c/o 5500 Preston Road Suite 225 Dallas, Texas 75205 By: , its general partner By: Print Name: Title: The undersigned, being B lienholder on the property affected by the foregoing covenants, joins in the execution hereof for the purpose of consenting to the restrictions and covenants therein contained and of Subordinating said liens to said restrictions and covenants. By: Print Name: Title: JR-7/20/90 -7- Ordinance 0-91-827 Page 17 CORPORATE ACKNOWLEDGEHEIIT The State of County of Before me, the undersigned authority, on this day personally appeared the President of , a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 19 Notary Public in and for said County & State INDIVIDlJAL ACKNOWLEilGEMENT The State of County of Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein ~ress~. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 19 -' Notary Public in and for said County & State JR-7!20!90 -8-