HomeMy WebLinkAboutOrdinances (O-90-760)-02/06/1990
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ORDINANCE 0-90-760
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
GRANTING A SPECIAL USE PERMIT TO BUILD SINGLE FAMILY HOMES
IN R-MF ZONING, B.B.B. & C.R.R. CO. SURVEY, ABSTRACT 206,
A PORTION OF TRACTS 1, 2, AND 2G OF VILLAGE OAKS (8.539 ACRES
OF LAND) TO THE CITY OF COLLEYVILLE, TEXAS; PROVIDING A PENALTY
AND AUTHORIZING PUBLICATION.
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WHEREAS, an application for zoning change was filed by James
8 R. Scott, on November 17, 1989 under Case No.
S-89-30 and,
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WHEREAS, notice of a hearing before the Planning and Zoning
Commission was sent to real property owners wi thin
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 grant the special use permit
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 concerning
the grant of the special use permit; and,
WHEREAS, the City Council is of the opinion that the grant
of the special use permit 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,
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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, Tarrant County, Texas, and described
by metes and bounds (Exhibit B) as follows:
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O 9f"1-760
Ordinance - l;J
Exhibit"A"
Page 2
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Ordinance 0-90-760
Exhi.bl t "B"
Page 3
'fRACT 1
Being a tract of Land situ~ted in the ~.B.B. & C.R.R. Co. Survey,
abstract no. 200. city of CoLleyviLle, Te~as, being part Tract 1 of
Village Oaks Ad, i:ion, an additlon to the city of Colleyville" Texas,
accordlng to tho plat recordod in volume 388-144, page ~, plat recordB
Tarrant County, Texa~, and according to the corrected plat recorded 1n
volume 388-174, page 79. plat records Tarrant County, Texas, and being
more particularly described as follows;
~~ginning at a point in the north line of said Village Oaks Addition,
baid point being south 89 deg. 35 min. 25 sec. east, a distance of
498.50 feet from the northwest corner of said Village Oaks Addition,
said point also being south 89 deg. 35 min. 25 sec. east, a di&tance of
48R.50 feet from the northwest corner of Tract 1, of uaid Village Oaks
Addltion. an :Yon stake for corner;
Thence: south 89 deg. 35 min. 25 sec. east, with the north llne of sa~d
Vlllage Oaks Additlon, a distance of 425.50 foet to the northeast corner
of said Tract 1, an iron stake for corner;
Thence south 00 deg. 02 min. 17 sec. west, with the west Line of Shadow
Wood Road, (a 60' R.O.W.), a distance of 206.00 feet to the
intersection of the said west line of Shadow Wood Road, with the north
line of Cottage Oak J~ne, (a 50' R.O.W.), an iron stake for corner;
Thence: north 89 deg. 35 min. 25 sec. west, with the said north line of
Cottage Oak Lane, a distance of 446.84 feet, an iron stake for corner;
Then~~: North 00 deg. 24 min. 35 sec. east, a distance of 63.00 feet to
the beglnning of a curve to the right, having a central angle of 90 deg.
00 min., a radius of 5.0 feet, an iron slake for corner;
thence: Northeasterly, with said curve to the right, an arc distance of
7.85 feet to the end of said curve, an iron stake for corner;
Thence: South 89 deg. 35 min. 25 east, a distane of 15.00 feet, an iron
stake for corner;
Thence: North 00
to the place of
acres of l.lOd.
deg. 24 deg. 35 sec. east, a distance of 138.00 feet
beginning and containing 89,143 square feet or 2.046
TRACT 2
fic'ing a tract of land situated in the Il.B.B & C.R.R. Co. Survey,
abstract no; 206, city of Colleyvillo, Tarrant County, Toxas, being part
o~ tract 2 and all of tract 2G of Village Oaks Addition, an afldltion to
the city of Colleyville, Texas, accoeding to the coreected plat recorded
~n volume 388-17, page 79, plat records Tarrant County, Texas, and being
more particulaely desceibed as follows;
8eginning at a point in the north line of Glade Road, (an 80' R.O.W.),
~Jid point being noeth 89 deg. 30 min. west, a distance of 65.00 feet
f:om the intersection of the said north line of Glade Road, vith thc
\wst line of ~hadvw Wood Hoad, (4 60' R.O.II.), an iron stake for cornerl
Thence: Noeth 89 deg. 30 min. west, with the said noeth line of Glade
Road, a distance of 106.00 feet, an iron stake foe corner;
Thence: North 00 deg'. 02 min. 17 sec. east, a distance of 139.50 feet to
a point in the south line of a 31' utility ~ fire lane easement, an iron
,take for corner;
~ence: Noeth ~9 deg. 30 min. west, with the south line of said utility
. fire lJne,a distance of 41.51 feet, an iron staKe for corner;
'''.lcnce: North 89 deg. 02 min. 17 sec. east a dist.ance of 232.79 feet ,
~~ iron stake for corner;
'i'hence: North 89 deg. 30 min. west, a dis tance of 114.18 feet, an iron
~take for coenerl
'I':.ence: North iJO deg. 30
stake for corner;
'.'hence: North 89
~take for corner;
Thence: North 02 deg. 17 min. 27 sec. west, a distance of 76.37 feet, an
iron stake for cornerl
Thence~ North 00 deg. 2( min. 35 sec. east, a distance of 371.92 feet to
a point 1n the south line of Cottage Oak I.ane, (a 50' R.O.I'I.), an iron
stake for corner;
Thence: South 89 deg. ~5 min, 25 sec.
Cottage Oak Lane, 01 distance of 447.16
line of Cottage Oak Jdne with the said
Iron stake foe cornee;
Thence: South 00 deg. 02 min. 17 sec. west, with said west line of
Shadow Wood Road, a distance of of 846.71 feet to a point in the north
R.O.W. lioe of Glage Road;
Thence: North 89 deg. 30 min. west, with said R.O.W., a distance of
b~.~O feet to the Place Of Beginning and containing 6.493 acees of land.
min. east, a distance of 26.0 feet, an ~ron
deg. 30 min. west, a distance of 120.00 feet, an iron
east, with the said south line of
feet to the inters~ction of south
\/est 1 ine of Shadow Wood Road, an
Ordinance 0-90-760
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by granting the authorization and issuance of a
special use permit providing for the use of said
property multi-family zoning property to build single
family homes as permitted by Ordinance 0-89-751.
Together with all site plans, supporting documents,
and other conditions and restrictions imposed by
and approved by the Council, which are incorporated
herein by reference. (Si te plan and Planning
Objective dated November 16, 1989 and Deed
Restrictions.)
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The development of the property shall be contingent
on the escrow of funds sufficient to do a 2" HMAC
overlay on Shadow Wood Trail, to repair the base
of Shadow Wood Trail where needed, including the
repair of trench cuts as property is developed.
Escrow will be determined by bid plus a 10%
contingency. Further, in lieu of a maintenance
bond the developer shall escrow 10% of the estimated
value or not less than $5,000 whichever is greater
of the street to be held and be used by the City
to repair said street. The balance with any accrued
interest shall be returned to the developer at the
end of 2 years after 75% of the homes are built.
The escrow shall be deposited upon approval of the
final plat before any development permits are issued.
Further, on lots depicted in the site plan having
a width of 80 feet or more all entry garages shall
be side entry, rear entry or detached. The entry
to detached garages will be beyond the rear of the
house. The main dwelling of every residence shall
have a living area of not less than 2,000 square
feet ~Qn single stories and not less than 1,400 square
feet main floor on two (2) stories with 2,200 square
feet minimum.
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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.
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Sec. 3. The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption
and penalty clause hereof as an al terna ti ve method
of publication provided by law.
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Ordinance 0-90-760
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AND IT IS SO ORDERED.
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The fi~i reading aryiJ_public hearing being conducted on
d day of ~.., , 1990.
The ~ecBnd reading ~/l ~~~~!~. , hearing being conducted
/ l!. +-Itr day of ~ ' 1990.
The th;i.rd reading ~FV'~c1--hearing bein'E..-1 c.opcwcted
If) -f(/ day of _, 1990. ~~
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Approved on February 20, 1990.
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ATTEJ: 1l
rIu_~~Q. /
LaVada Johns n
City Secretary
CITY OF COLLEYVILLE
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Chris a ins
Mayor
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Approved as to Form and Legality:
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r2YJ ~L~{-.
Ross T. Fo ter, City Attorney
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L/D/37/38
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the
on the
on the
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THE CROSSING AT COLLEYVILLE
COLLEYVILLE, TEXAS
The planning objeotives of the development for this
subdivision (ourrent legal desoription-attaohed) inolude the
following: Provide 10wer densities aooomplished by singl~
family detaohed housing in R-MF Zoning Distriots whioh would
reoognize the benefits and value of owner oooupied
residenoes; utilize some of the existing streets and
utilities oonstruoted by prior owners while ohanging the
existing oul-de-sao streets and utilities servioe to fit a
single family lot development. Construotion and ohanges to
the existing streets and utilities would begin in February,
1990 if timely oity approval is obtainedi provide a
suffioient amount of lots to utilize the existing eoonomio
striotures plaoed upon the developer by the ourrent owner
and still stay within a market prioe attraotive to single
family home builders.
The oharaoter of the proposed development would be best
desoribed as on upsoale, oustom single family home sub-
division with adequate proteotive oovenants (see attaohed)
to insure same. The rationale behind the lot sizes
(average-9100 Sq. Ft.), front, rear, and side yard lines,
street layout and proposed deed restriotions is based upon
what demand the developers found from numerous builders
oontaoted and shown the property prior to this applioation.
The property is impaoted by multi-family development on
the West, ago zoning on the North, and oommeroial (00)
zoning on the East and South. It is assumed that the
surrounding zonings and land use would not allow the type of
development of large lots with large homes that is so often
assooiated with Colleyville. Instead the developers are
proposing smaller lots but still keeping the living area
required to be built to a higher standard. In faot, the
developers are informed that builders who are prospeotive
buyers of developers' proposed lots shown on this
applioation would build in the 2000 Sq. Ft. to 2500 Sq. Ft.
range.
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It is to be believed that homes of this size would be
offered for sale in the $140,000 to $180,000 prioe range.
Speoial oonsideration is asked of the oity to approve lot
sizes and the front, side, and rear yards as proposed ~n
order to allow builders the option of building in the
aforementioned size and prioe range.
Market research was also done in surrounding cities and
it is readily seen that homes in the aforementioned size and
prioe ranges sellon lots similar to developers' proposed
lot sizes.
In oonolusion, the ohoioes made by the developer for
lot sizes, land use eto. are compatible with Colleyville'&
high standards and provide a viable alternative to
multi-family use of the property. Moreover, the subdivision
of the property as proposed would fit a market niohe not
ourrently available in the oity while upgrading the current
neighborhood.
Signed this 16th day of November ,1989
The undersigned oertifies the information presented in all
plans and supporting doouments refleot a reasonably aoourate
portrayal of the general nature, oharaoter and feasibility
of the applicants proposals.
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James R. Scott
Proposed Owner and Developer
THE CROSSING AT COLLEYVILLE
DEVELOPKENT SCHEDULE
This development currently is serviced by adequate
water and sewer lines. The replatting will require water
and sewer taps to service each individual lot: The primary
streets are already in place. The two cul-de-sacs will be
engineered as part of the final drawings. Final development
will commence at the earliest date allowed by The City of
Colleyville. It is estimated that work could begin
February, 1990. Water and sewer taps would be in place and
the two cuI-de sacs finished within ninety days of start}
weather permitting.
This tract of land is currently owned by Commonwealtn
National Bank} Dallas, Texas and is under oontract to James
R. Scott. It is the intention of these two parties to fully
develop this traot and sell to local builders during the
early part of 1990.
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James R. Scott
November 17, 1989
THE STAT! or TEXAS
COUNTY or TARRANT
PiOTICTIVI COVINANTS rOR THE CROSSINC AT COLLIYVILLI ADDITION
An ~ddition to the City at Colleyville, Tarrant County, Texas
A. COVENANT
t. Know ~ll .en by thlsl prlslnts that J~.IS R. Scott, ownlr at all thosl lots in thl
~bove descrihld re~l Ist~te subdivision daiS hlrlby plac~ thl tollowin~ restrictions. to
he bindin~ on thl undlrsigned ~s Will ~s sub.eqijlnt owners at all lot, loc~tea in s~id
Crossing .t Colleyvilll,
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2. These restrictions arl tor the benetit at and shall inure to each and every property
owner at the lots ~bovl described ~nd .ay be entorced by ~ny proplrty ownlr thlrein,
Should the owner ~nd/or ten~nt at ~ny at the lots loc~ted in The Crossing ~t Colleyville
viol~te ~ny ot the'e rlstrictive coven~nts and/or conditions cont~ined hlrein, .nd
there~tter retusI to correct S~.I ~nd to ~bidt by laid reltrictions ~nd conditionl ~tter
re~son~ble notice, then in such event, .ny owner at these loti .ay institute le~~l
proceedings to enjoin, ~b~te andlor correct luch violation or violations, and the owner
at the lot per.itting the viol.tion at luch restrictionl .nd/or condition. shall p~y .11
~ttornlYs' tel. to bl tixed by the court. The ..ount at ,.id tel', COlt. and Ixplnle,
.llowed sh.ll beco.t a lien upon the l.nd. a, ot the date legal proceedin~' were
ori~in.lly instituted ana .aid lien .h.ll be lubject to toreclosure in such action, 10
brou~ht to entorce such rlstriction., in thl sa.e .~nner .s .ny other lien upon r.~l
e5t~te. the proctdure which il fixed by st.tute.
3. Inv~lidation at Iny alptct at tht.t restriction. by jud~.ent or court ordtr shill in
no wise ~ffect ~ny of tht other provisions which shall re..in in full torce and etfect.
V.ilure to entorce ~ny covenlnt or restriction containld herein shall not be dee.ld .
w.iver of the right to do 10 thlreafter,
4. These cov.nant. ~nd restrictions sh.ll run with and bind the llnd lubj.ct thereto
for. ter. of thirty (30) years fro. thl dati that this declaration is rlcord.d. after
which ti.. s.id covln.nt. shall be auto.atic.lly Ixtended for IUCCIslive periods of ten
(10) ye.rs unless ~n instru.ent signld by two-thirds at the owners at subj.ct loti h.s
been recorded, ~greeing to chang. said covenints and restrictions.
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B. USAaIS
I. E~ch lot is hereby designlted sol.ly as ~ sit. for on. singl.-t~.ily detached
dWlllin~ .nd ..y not be occupild unll'S it .elts all require.lnts of the.e covlnants,
2. All houses and structures per.itted shall be co.pl,ted within eight (8) .onths. one.
construction is startea. No structure shall b. occupied unless ~nd until the pre.iles
~r. connected in I proper WIY with the city sew~ge syste..
3. No liveltock, poultry or ani.als of Iny kind ( or Plns.lnd coops tor Sl..) sh~ll be
kept other th~n the ulu~l ~nd ordin.ry household pet,.
4. The construction or .~inten~nce of signs. bill bo~rds. or ~dvertising structures at
Iny kind on ~ny lot is prohibited, eKcept th~t one sign or bill board advertising the
rental or slle at property is per.itted, provided it does not exceed I standard eighteen
by twenty four inch rl.l Istlte sign. unll'I Ipprovld by Architlctur~l Control
Co..ittll.
5. In~~ging in ~ tr~dl or business is prohibited al also is any activity which .ay
blco.1 an annoyanCI or nuil.ncI to thl nlighborhood.
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6. Cr~5s. Wilds ~nd vIget~tion on e~ch lot in this Iddition .ust be kept eowed It
regul~r interv.ll so ., to eaint~in the s~.e in . neat .nd attractive .ann.r, Upon
t~ilure to '0 ..int.in . lot, thl Architlctural Control Co..ittle .ay at its option,
h.vI the gra.., Wilds and vl~ltatipn cut whln, and a. o~tln as nlce.I&ry in itl
jud~.lnt, and the ownlr ot the property Ih.ll be oblig.ted to rli.bursl it for cost ot
such work. .nd the cl~i. for such rei.burs..lnt will constitute. l.wtul 'liln .gainst
the lot whln properly filed with the County Clerk.
7, No trailer. c~.per, bOlt or other vehicle .ay be rlgullrly parkld. stored or
.~int~ined in the tront y~rd or side y~rd of ~ny plot or on the strl.t in tront at the
plot.
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8. All tr~sh, ~shls, rlsiduIs and ~arba~. .ust bl collected in suitable covlr.d
cont~inlrs ~nd .oved tro. the lot rl~ularly by thl ~arba~. slrvic. liclnsll of thl City
ot Colleyville"which service .ach lot owner herlin shall subscribe to. No trash or
g~rb~gl .ay b. disPosld ot by burnin~ on ~ny of thl afores~id lots, No trash, ishls, or
other residuI .~y bl thrown or du.pld on any lot in this addition, or allowed to r..~in
thereon.
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9. SPlcific~lly IXI.ptld tro. the provisions of thl slction arl activitils by thl
developlr carried out in thl rl~ular pursuit of construction. .aintlnancl and 'ailS
within thl subdivision which Ixe.ption shall Ind whln all devllop.lnt activity includin~
sales by hi. ~rl CO.pllted.
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C. ARCHITECTURAL STANDARDS
I. Lots .~y not be re-pl~tted so ~s to cr.ate fro. the total co.binld rl-platt.d lots
.ore separate buildin~ sites or lots than existed in the ori~inal pl~ttin~ of said
co.bined lots.
2. No structure shall exceed (except by Architectural Control Co..itt.. Approval) two
stories in h.i~ht,
3. Ivery resid.ncI .ust .e.t all ~pplicable rlquire.lnts Iltablished by the City at
Coll.yvilll ~nd ~ny ~ltlr~tion or ~ddition to Iny r'lid.nc. .Ult .e.t thll' II.e
r.lIu1c....nt. ,
4. The .ain dWellin~ at every r.,idence sh~ll havI a livin~ aria at not less th~n 2,000
square fe.t on sin~le storie. ~nd not 1lSl than 1400 square telt .ain floor on two (2)
stories with 2,200 square t.et .ini.u..
5, Th. extlrior wall of each house shall bl .asonry, stan. or brick conltruction IS
required by the City of Colleyville. but not 1.11 than .ighty (80)X .llonry.
6, Boundary tences sh~ll be ot .asonry conltruction, h.dge or substantially construct.d
wood tences no .ore than six (6) tlet in height. No tence shall be Irlctld or
.aint~ined on any lot or plot n.arer the front street than the front wall of the
residence building, ~nd on ~ll corner lots, not nl~rer the .id. .treet than the building
line ~s shown on s~id plat, FenCl. surrounding exterior ot the ~ddition to bl at
.asonry, rod iron or hlavy wood tencin~, not 1e'l than (8-10) t..t in hei~ht.
7. All re.idences will tace the tront line at the lot and .hall not protrude forward of
the front bui1din~ 11nes as .et torth on the d.dicat.d plat. Side and rear buildin9
linls sh~ll b. six (6) teet side, ten (10) te.t r.ar.and twenty (20) te.t tront buildin~
line subjlct to approval by thl Architlctur~l Control Co..itt.e.
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B. G~rages - Attached .ust be ~ide or rear entry. All corner lots .ust be approved by
Architectural Control Co..ittee. Detachld .ust be at the re~r of the house.
9. Roots - All buildin~ .Iterials .ust have not less than ~ 240 co.position roof
(Prestique II or better) sin~le root ot ~ ~rey tonl. Other rootin~ .aterials .ust be
approved by the City ot Colleyvilll And the Architectural Co..ittee.
10. Outbuildin~s - Not .ore th~n (1) outbuildin~ is to be p.r.ittld, and .ay not exceed
100 squarl tlet of tloor space, Outbuildings consist of stora~e sheds, enclosed free
standin~ buildings. and portable buildings ~nd .ust be located behind the residlnce. so
a. not to detract fro. the appeiranCe of the nlighborhood.
11. "~i1 Boxes - Shall be of .asonry construction and shall includ. br~ss nu.ber plates.
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12. New Itructures only sh~ll b. er.ct.d on and p.r.itt.d to re.ain in the addition. No
structur.. .~y bl .oved into the addition.
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13. No .obil. ho.. or r..id.nc. of ~ tlaporary chlract.r shall be p.r.itt.d. No
buildin9 .at.rial or any kind or charact.r Ihall be plac.d or stor.d upon the property
until the own.r is ready to Co...nce i.prov..ent.
D. ARCHITECTURAL CONTROL
I. No structure sh~ll bl .r.ct.d, plac.d or ~lt.rld on ~ny lot until the construction
plans, specific~tions and a plot plan showin~ the location ot the structure ,hall h~v.
beln .pprovld by the Architectural Control Co..itt.e .s to quality of work.anship and
.aterials, har.ony at .xterior deli~n with .xi'tin~ structur.s, and as to the location
with respect to topo~raphy and tinished grade el.vation. A full 'et of plans will be
11ft with Archit.ctural Control Coa.ittee while any building il under construction.
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2, Thl CO..ittll'l approval or dilapproval al rlquirld by thil covlnlnt Ihall bl in
writin~, In thl IVlnt thl Co..ittll taill to approve or dillpprove planl in tivI (6)
daYI attlr lub.illion or in any IVlnt it no luit to Injoin thl conltruction hal blln
cO..lnced prior to thl co.plltion thlrlot, approval will not bl rlquirld and thl
rlstrictiye covln.nts hlrein containld shall b. d....d to hay. b..n tully co.plild with.
J. The Architlctural Control Co..itt.. shall b. co.pol.d ot Ja.'1 i, Scott, To. Wild.r,
Dayid L. Hcnair and Xeith Lindsay Stit.s. A .ajority ot th. Co..itt.. .ay d.signate I
representativI to act tor it. In th. eVlnt ot th. d.ath or rlsignation ot any .I.blr of
thl Co..itte., the re..ining .e.ber shall have full authQrity to d.signate a successor,
Neither the .e.bers ot the co..itte. nor its designated r.prelentltive Ihall be entitled
to any cO.Plns.tion tor services pertor.ld pursuant to this coy.nant,
IXICUTlD this the J:l!!:... day ot M V~MJ t:^-. ,
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~. ~,)~
J..es i. Scott
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