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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-02/11/2019City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 11, 2019 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER KOCH PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 2.PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Agenda February 11, 2019 City of Colleyville Page 2 2a Discuss and consider action concerning Ordinance O182056 as a result of action taken by the City Council on February 5, 2019 to remand the case back to the Planning and Zoning Commission for additional review and recommendation 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards February 8, 2019 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 02/11/2019 Number Type Presentation and Discussion Department Community Development Title Discuss and consider action concerning Ordinance O-18-2056 as a result of action taken by the City Council on February 5, 2019 to remand the case back to the Planning and Zoning Commission for additional review and recommendation Explanation ORDINANCE O-18-2056 - Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-019 At the February 5, 2019 City Council meeting, the Council voted to approve to reconsider the item and subsequently remanded the item back to the Planning & Zoning Commission for review at the February 11, 2019 meeting. The applicant has provided a revised development plan that has: reduced the total number of single-family residential lots by one (1); removed the pond along Holly Lane and maintained the area as an open space lot; and increased the size of the lots along Holly Lane to be minimum 30,000 square feet. In addition, the applicant has agreed to off-site drainage improvements for residents along Holly Lane and Hix Court. Several residents who had previously registered opposition has since rescinded their opposition. With the removal of these oppositions, the percentage of opposition has been reduced to 11%, thus removing the super-majority vote requirement. Second Reading and Public Hearing This item was tabled to a date certain for the December 4, 2018 meeting. There were several residents who spoke during the public hearing who expressed concerns about lot density, traffic, fencing and screening, drainage, grading, and zoning. Several modifications have been made to the request. All plans and documents have been updated and attached. First Reading and Public Hearing The applicant provided revised plans on August 1, 2018 reflecting changes from both Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 2 recommendations by the Planning & Zoning Commission and desires of the adjacent property owners. The plans are attached together as a single document. No change of zoning where exists a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths (3/4) of all members of the City Council. The calculated percentage of opposition equals 20.56 percent. Curtis Young, the applicant, has submitted a request to rezone Lots 1R1 and 1R2, Block 1, of the Bear Creek Plantation, being approximately 43.54 acres, and zoned AG Agricultural & R-40 Single Family Residential districts. The purpose of the request is to rezone to the PUD-R Planned Unit Development – Residential district to allow for single-family residential development of 36 lots and 9 common area/open space lots. Existing Conditions/Background: The subject property, 1312 John McCain Road, resides on the north side of John McCain Road and extends north to Big Bear Creek. The portion of the property with Agriculture zoning currently maintains a single residence. The portion of the property with R-40 zoning also maintains a single residence. Many local residents will recognize the property by its long, tree-lined drive. Proposed Zoning: Request – The applicant requests to create a single-family residential subdivision. The proposed development consists of 36 lots, ranging from 26,000 square feet (0.597 acres) to 1.31 acres in area, and a large amount of open space (approximately 21% of the project area). The project will also preserve the tree lined drive by converting it into a median area along the primary street through the neighborhood. The applicant also states that through the proposed PUD and development restrictions the home values should average approximately $2.5 million dollars per lot. The applicant proposes the following development standards for the PUD-R subdivision: Minimum Lot Area:26,000 square feet Minimum Lot Width: 100 feet, except 67 feet for cul-de-sac lots Front Setback:30 feet Side Setback:10 feet Street Facing Side Setback: 20 feet, except "key" lots Rear Setback:25 feet Minimum House Size: 3,500 square feet for a single-story home; 4,000 square feet for Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 3 a two-story home Additional regulations are proposed pertaining to screening, architectural features, landscaping, and street design. Analysis: The requested PUD-R zoning would establish a single-family residential neighborhood similar in character to surrounding neighborhoods. The design of the neighborhood allows for the preservation of a large amount of open space which a standard zoning classification would not likely achieve. It also preserves the well- known double row of oak trees lining both sides of the existing drive. While some of the lot sizes vary more widely than many existing neighborhoods, they maintain a comparable average lot size and create a density below the target density stated in the Comprehensive Plan of 1.8 units per net acre, with the open space included in the calculation. Surrounding Development: All of the surrounding properties have developed with single-family residential uses and maintain a variety of zoning classifications including R-20, R-30, R-40, AG, and various PUD-R districts. Big Bear Creek borders the subject property to the north, which is also the city limit line with the City of Southlake. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single-family residential development. The proposed PUD-R ordinance does not conflict with any portion of the comprehensive plan. The plan does also identify the preservation of the character of existing neighborhoods as a priority objective. Drainage Analysis: Citizens have expressed and staff is aware of concerns with the existing drainage system in the vicinity. The Developer has provided a preliminary drainage analysis which indicates that the storm drain system in Tanglewood Estates was designed and built to accommodate the developed watershed. Additionally, the proposed drainage plan is to not fully detain post-developed runoff rates to existing runoff rates for the development. Staff has additional concerns and have made the developer aware of those, however they have indicated they want to address these concerns after the zoning process and during the Preliminary Plat process. The final drainage system of the development must meet all requirements of the Land Development Code. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, 10 letters have been received in favor and 20 letters in opposition to the case. For some properties, multiple letters have been submitted. A response from the Tanglewood Estates neighborhood to the Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 4 east has been received in support. Staff Recommendation: The proposed PUD-R ordinance offers a good opportunity to ensure orderly and complementary development to the existing adjacent residential development and in the area. Staff recommends approval of the requested PUD zoning. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission recommended approval of the zoning change request at their July 9, 2018 meeting by a vote of 5-0 with the following conditions: 1) requiring a minimum house size square footage of 4,000 square feet; 2) requiring that the existing fencing north of Holly Lane be replaced; 3) requiring a maximum lot coverage of 25 percent; 4) requiring that the main street have a minimum street pavement width of 24 feet and requiring a fire suppression system for all home within the subdivision; 5) requiring the construction entrance to be on John McCain only, access from Holly Lane shall be prohibited; and 6) requiring construction methods to ensure that the proposed ponds hold water. City Council Action: The City Council made a motion to approve the zoning change request at their December 4, 2018 meeting. A super-majority vote requiring 6 affirmative votes was needed. The motion failed to pass by a vote of 4-3. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Preliminary Plat 6.Revised Development Plan with Pond Lot 7.Preliminary Drainage Analysis 8.Perimeter Grading Concept Plan 9.Preliminary Utility Plan 10.Bear Creek 2050 Floodplain 11.Drainage Exhibit - Topo of Creek 12.Screening and Fencing Plan 13.Entry Plan 14.Easement Landscape Plan 15.Declaration of Covenants, Conditions and Restrictions 16.Submittal and Review Process 17.Architectural Plan 18.Landscape Plan Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 5 19.Notification Map 20.Notification List 21.Property Owner Notification 22.Letters of Opposition 23.Tanglewood Estates Response to Proposed Development 24.Tanglewood Agreement Letter 25.Updated Tanglewood Response Letter 10.28.18 26.Ordinance O-18-2056 27.190125 Oak Alley -Development Plan 28.190130 Oak Alley - Plat & Engineering Documents - combined 29.190128 Open Space w Gazebo along Holly Lane rfs 30.190130 Oak Alley - Drainage Bypass Exhibit 31.Change from Opposition to Support Combined 32.Draft Ord - Oak Alley - edits for 02.05.19 JOH N MC C AIN ROAD B E L L E M E A D E D R I V E H O L L Y L A N E HIX C O U R T T R I A N O N C O U R T E V A N S R O A D BELLEFONTE LANE Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-019 K1312 John McCain Rd & 7309 Holly Ln N Subject Property JOH N MC C AIN ROAD P E B B L E H I L L D R I V E B E L L E M E A D E D R I V E H O L L Y L A N E HIX C O U R T R O S E B R O O K P E T E R S P A T H S H A L I M A R C O U R T S H E P H E R D S G L E N T R I A N O N C O U R T E V A N S R O A D C E D A R C O U R T BELLEFONTE LANE Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-019 K1312 John McCain Rd & 7309 Holly Ln N Subject Property JOHN MCCAIN ROAD PE B B L E H I L L D R I V E B E L L E M E A D E D R I V E H O L L Y L A N E BA L M O R A L D R I V E HIX C O U R T PE T E R S P A T H PR I M R O S E L A N E RO S E B R O O K T R I A N O N C OU R T EV A N S R O A D BELLEFONTE LANE Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-019 K1312 John McCain Rd & 7309 Holly Ln N Subject Property Residential Institutional Open Space; Parks Water Body OOak Alley Colleyville, Texas Zoning Narrative –8 Oct. 2018 Burk Collins & Co. LTD, Developer Sage Group, Inc., Land Planner Statement of Planning Objectives Oak Alley is a proposed residential neighborhood to be developed by Burk Collins & Co, LTD, under the PUD-R Residential District regulations for residential development in the City of Colleyville. The 43.54 acre property is located on the north side of John McCain Road, just east of Holly Lane (adjacent to the Hidden Acres Addition) and west of, and adjacent to, the Tanglewood Estates gated neighborhood. The property is currently zoned R-40 and AG. The intent here is to rezone the entire property to PUD-R, unifying the property into one cohesive, master planned residential development of the highest quality. There are currently two occupied single-family homes on the two platted properties that make up this proposal. The main home will be worked into the plan; most of the remaining structures will be removed. The surrounding area is, for the most part, fully developed with a combination of PUD-R lots ranging from 15,000 s.f. lots, 30,000 s.f. lots, as well as acre plus sized lots. There are existing subdivisions bordering the subject tract on the entire western, eastern and southern boundaries. The northern boundary is Bear Creek, and is the city limit line. Across the creek is the Timarron Golf Course, and the City of Southlake. The proposed plan, primarily consisting of 30,000 s.f. lots (average of about 38,000 s.f.), and has a range of lot sizes from 26,000 sf minimum, up to several acre plus lots (and one 3.3 acre lot for the existing large home) and open space, would fit in well with the neighborhood, as well as be consistent with the city’s Future Land Use Plan. Quality and compatibility with the adjacent residential, as well as the rest of Colleyville is essential, and we have designed this proposal with those goals in mind. The residences planned for Oak Alley will be very upscale, with selling prices estimated to start at around $2.0 million. The development will center upon, and feature, the existing double row of Live Oaks, installed some years ago by the property owner along either side of the drive, the defining feature of the property. This will continue to enhance the vista toward the “plantation house” at the far end by placing a boulevard (divided) road along either side of it. An expanded greenbelt setback will be dedicated along the John McCain frontage, and will be fully landscaped, as will the other open space areas within the project. Open Space will make up over 19% of the project area. Oak Alley will be proposed as a gated community with private streets. A double road, divided entry from John McCain Road, positioned to line up with and take advantage of the central double row of Live Oaks, will provide a distinctive and quality main entry. This Statement of Planning Objectives divided road will serve as a loop road through the development, with the two entries from John McCain meeting the minimum 100’ centerline spacing for two points of emergency access. We propose to build the normal Colleyville street section of 31’ (back of curb to back of curb), in a 50’ R.O.W., throughout the project, except for the main divided central entry road. There will be a requirement of at least two street trees for every residential lot to be installed by the home builders, adjacent to the street rights of way, unless there are already existing trees there that are saved. We have worked extensively, in conjunction with our neighbors to the east and west, to provide landscape buffers between the existing homes and the future home sites within Oak Alley. All perimeters boundaries will have 25’, fully landscaped buffer easements, as shown on the Development Plan. The existing and fully developed storm drainage has been carefully analyzed, and will be designed to meet all city regulations and not adversely affect any neighboring properties. There will be a pond constructed along the Holly Lane frontage- in a landscaped setting, which will double as a storm detention facility, to the extent it is necessary. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, and a connection will be made to the large greenbelt area along Bear Creek, and an amenity for the residents. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule Oak Alley will most likely be developed in one phase, with development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision’s infrastructure. Economic Development Information Oak Alley will have a total of thirty five (35) homes, each with an estimated average value upon completion of $2,570,000, resulting in an overall tax base of over $90,000,000. At the current tax rate of 2.339023%, the total taxes generated from the development are projected to be $2,105,120, with over $300,000 generated directly for the City at buildout. Statement of Planning Objectives Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 4,300 square feet. Minimum Lot Area: 26,000 s.f. (Average about 38,000 s.f.) Minimum Lot Width: One Hundred feet (100’) measured at the building setback line, except pie-shaped cul-de-sac lots 1 and 2, in which case the minimum shall be sixty seven feet (67’) at the building setback line. Front Yard Setbacks: Thirty feet (30’) back of the property line Rear Yard Setbacks: Twenty Five feet (25’) Side Yard Setbacks: Ten feet (10’). Street-facing Side Yard: Side yard setbacks on the street side of a corner lot, fronting on another street, shall be 20’, except for “key” lots which shall match the front setback of adjacent lots, as shown on the Development Plan. Street Standards: The streets within Oak Alley are proposed to be private streets with restricted access (gated). All undivided sections will be built to the standard street section of 31’ b/b paving, in a 50’ Private Street ROW. Street “A” (southbound and northbound), is a divided road, intended to preserve the double row of Live Oaks in the median, with paving in each direction of 24’b/b, in separate 32.5’ Private Street ROW’s. Minimum Roof Pitch: Minimum of a 10:12 roof pitch, unless architecturally required to vary, based on home style. Garage Standard: Minimum of a three car garage with wood-like, architecturally enhanced doors. Masonry Requirement: The dominant exterior vertical wall area of each structure, exclusive of doors and windows, shall be masonry (brick, stone, or stucco over CMU block) or other material solely determined by the Committee. No more than 20% of the exterior vertical wall to be authentic lath and stucco application over wood framing. Dryvit systems or Styrofoam products are not acceptable. The exterior of chimney flues shall be of masonry material acceptable to the Committee. Installation of all types of exterior items and Statement of Planning Objectives surfaces such as address numbers or external ornamentation, lights, mail chutes, mailboxes, roofing materials and exterior paint or stain, shall be subject to the approval of the Committee as to size, design, materials color, manufacturer and location. Additional Elevation Requirements: All plans will be reviewed by the Oak Alley Architectural Review Committee, and will comply with a set of Design Guidelines which will be developed to assure structures and site features of the highest quality. Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. The elevations on all “four sides” shall be addressed in the design to present a finished appearance. Roofing will match the architectural style. Slate, tile or standing seam metal are examples. Each elevation should add interest to the entire streetscape. Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. Fencing: Wood fencing between lots is not permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. Where lots back to existing residential lots with fences, the existing fence shall be kept, maintained or improved in coordination with each owner, as shown in the diagram on the Development Plan and associated detailed diagrams. Where open space lots border adjacent properties, either the existing fence will be maintained or improved, or a decorative masonry or metal fence will be installed, all in cooperation with the adjacent property owner, according to the detailed plans submitted with zoning. All perimeter walls and fences shall be installed prior to any vertical home construction. Streetscape Standards: Minimum of two (2) three-inch (3”) caliper trees per front yard, unless quality existing trees are present and saved. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Open Space Maintenance: The open space lots within the subdivision shall be maintained in a consistent, uniform manner by the Oak Alley Homeowners Association through dues collected from the individual Statement of Planning Objectives homeowners. Membership in the Homeowner’s Association is mandatory. Street Design Standards: Right of Way: Fifty feet (50’) (Undivided), Thirty Two, one half feet (32.5’) (each side of divided entry road) Travel Lane Width: Thirty-one feet (31’), back of curb to back of curb (undivided) Twenty-four feet (24’), back of curb to back of curb) (divided) Turning Radii: Fifteen feet (15’) Open Space Standards: Except for the natural tree preservation areas, the Common Open Space shall be fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned, operated and maintained by Oak Alley Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A monument sign identifying the subdivision shall be built at the gated entry from John McCain Road. Statement of Planning Objectives R O W 3 0 ' F R O N T Y A R D S E T B A C K 2 5 ' R E A R Y A R D S E T B A C K 10' SIDEYARD SETBACK 10' SIDEYARD SETBACK T Y P I C A L L O T D E T A I L O S - 8 2 0 , 1 4 5 S F L O T 6 3 0 , 3 1 9 S F L O T 5 3 0 , 7 6 1 S F L O T 4 3 3 , 8 6 1 S F L O T 3 2 6 , 0 0 6 S F L O T 2 3 0 , 4 0 8 S F L O T 1 2 6 , 0 0 7 S F O S - 2 1 7 , 7 6 0 S F LOT 1330,008 SFLOT 1230,042 SFLOT 1132,206 S F L O T 1 0 3 0 , 3 6 1 S F L O T 9 3 0 , 4 0 3 S F L O T 8 3 0 , 0 4 1 S F L O T 7 3 0 , 0 6 3 S F LOT 1540,576 SFLOT 1430,006 SFLOT 2630,040 S F LOT 2 5 30,006 S F L O T 3 0 3 0 , 0 4 8 S F L O T 2 7 3 0 , 0 1 0 S F LOT 1633,662 SFLOT 1731,467 SF P S - 1 1 9 7 , 4 6 7 S F O S - 7 1 7 , 1 1 5 S F O S - 6 3 4 , 3 2 6 S F O S - 5 2 , 1 9 7 S F O S - 4 2 , 5 6 8 S F O S - 1 1 1 , 7 1 1 S F O S - 3 2 , 7 4 1 S F OS-9286,139 SF LOT 18132,884 SFLOT 1946,221 SFLOT 2043,644 SFLOT 2143,576 SFLOT 2261,774 SF LO T 2 3 41, 5 3 2 S F LOT 2 4 30,039 S F L O T 2 8 3 0 , 3 3 2 S F L O T 2 9 3 6 , 8 5 5 S F O S - 1 0 5 6 , 6 7 1 S F L O T 3 1 3 3 , 7 9 8 S F L O T 3 2 2 3 , 5 2 7 S F L O T 3 5 2 9 , 4 9 5 S F L O T 2 3 , 1 2 1 S F L O T 2 4 , 4 5 9 S F N 1 4 ° 5 9 ' 5 4 " W 9 8 6 . 7 9 ' L 1 L 2 L 3 L4 N 1 3 ° 4 9 ' 1 0 " W 1 9 0 . 0 0 ' N13°49'10"W 347.38'L5N06°44'16"W 366.77'L6N62°10'30"W 175.21'L7 L8 L9 L10 L11L12L13L14L15 L16 L17 N46°00'00"E 247.00'N78°00'00"E 213.00'L18 L19 L20 L21 L22 L23 L24 L25 S01°19'45"W 422.00'S01°00'28"W 835.92' S 0 0 ° 5 6 ' 2 9 " W 1 0 1 6 . 4 9 ' N88°26'55"W 534.37' JOHN MCCAIN ROAD H O L L Y L A N E T R I A N O N C O U R T TRIANO N C O U R T 7 5 ' R O W BLOCK ABLOCK ABLOCK A B L O C K A B L O C K A B L O C K A B L O C K A BLOCK ABLOCK A S T R E E T " A " N . S T R E E T " A " S . STREET "B" STREET "C" STREET "D"STREET "E"50' 32.5' 32.5' 49' 50' 3 5 . 5 ' 5 0 ' 2 9 ' 3 5 . 5 ' R 5 0 ' R50'R57' R 4 7 . 5 ' R 4 7 . 5 ' R50' 1 5 ' W A T E R L I N E E A S E M E N T 15' WATERLINEEASEMENT20' UTILIT Y & DRAINA G E EASEMENT 1 5 ' S E W E R E A S E M E N T 2 0 ' D R G , W T R & P E D A C C E S S E A S E M E N T 20' DRAINAGE& PED ACCESSEASEMENT25' LANDSCAPEEASEMENT 2 5 ' W A L L & L A N D S C A P E E A S E M E N T 2 5 ' W A L L & L A N D S C A P E E A S E M E N T 2 5 ' W A L L & L A N D S C A P E E A S E M E N T 2 0 ' D R A I N A G E E A S E M E N T 2 0 ' D R A I N A G E E A S E M E N T 25' WALL &LANDSCAPEEASEMENT 2 0 ' D R A I N A G E E A S E M E N T 20' DRAINAGEEASEMENT100 YEARFLOODPLAINBY PLAT R50' L 2 6 C 1 C 2 L 2 9 L 3 0 L 3 1 L 3 2 L 3 3 L 3 4 L 3 5 L3 6 L37 C 3 C4 C 5 C6 C 7 C 8 L44 L 4 5 L 4 6 L47L48C9C10L51L52C11C12C13C14C15C16L59L60C17C18C19 C20 C21 C22 L67 C23L69L70C24C25C26C27L75C28 C29C30C31L80L81L82C32C41L85L86L87 L 8 8 L 8 9 L 9 0 L 9 1 L 9 2 L 9 3 L 9 4 L 9 5 L 9 6 L 1 9 7 C34 C 3 5 C 3 6 C37L102 L 1 0 3 L 1 0 4 C 3 8 C 3 9 L 1 0 7 L 1 0 8 L 1 0 9 L 1 1 0 L 1 1 1 L 1 1 4 L115 L116L117L118L119L120L121L122 L 1 2 3 L 1 2 4 L 1 2 5 L 1 2 6 L 1 2 7 L 1 2 8 L 1 2 9 L 1 3 0 L 1 3 1 L 1 3 2 L 1 3 3 L 1 3 4 L 1 3 5 L136 L137 L138 L139 L140 L141 L143 L 1 4 4 L 1 4 5 L1 4 6 L 1 4 7 L148L149L150L151 L152L153L154 L 1 5 5 L 1 5 6 L 1 5 7 L158L159L160L161L162 L164 L165 L166L167L168L169 L170 L171L172L173 L174L175 L176L177 L178L179L180L181L182L183 L184 L185 L186 L187 L188 L189 L190 L191 L 1 9 2 L193 L 1 9 4 L195 15' SANITARYSEWER EASEMENTMIN FFE = 686.9 MIN FFE = 686.7 MIN FFE = 686.6 MIN FFE = 686.5 MIN FFE = 686.4MIN FFE = 686.3 MIN FFE = 686.2 MIN FFE = 686.1CITY LIMITLINE CITY LIMITLINECITY LIMITLINE 3 5 ' 3 5 ' 2 3 . 5 6 ' P . O . B . 75' L 1 9 8 L199 L 2 0 0 L 2 0 1 L202 L 2 0 3 L 2 0 4 L 2 0 5 L 2 0 6 L 2 0 7 L 2 0 8 L 2 0 9 L210 1 0 ' R E A R S E T B A C K 1 5 ' 3 0 ' LINE TABLELINE #L1L2L3L4L5L6L7L8L9L10L11L12L13L14L15L16L17L18L19L20L21 LENGTH45.00''1.94''53.23''52.32''140.46''134.15''16.00''66.00''58.00''49.00''66.00''31.00''145.00''64.00''78.00''56.00''29.00''96.00''91.00''63.00''50.00''BEARINGN14°59'54"WN89°26'57"EN15°26'25"WN89°07'37"WN52°24'53"WN23°18'22"WN48°23'38"EN65°00'00"EN82°00'00"ES82°00'00"ES58°00'00"ES37°00'00"ES08°00'00"ES12°00'00"ES55°00'00"EN85°00'00"EN58°00'00"ES66°00'00"ES79°00'00"EN87°00'00"EN68°00'00"E LINE TABLELINE #L22L23L24L25L26L29L30L31L32L33L34L35L36L37L44L45L46L47L48L51L52 LENGTH42.00''83.00''55.00''153.00''14.43''40.71''154.00''151.10''135.00''125.00''124.15''117.00''14.14''154.89''154.91''14.14''170.00''215.60''15.92''20.10''108.22''BEARINGN40°00'00"EN52°00'00"EN65°00'00"ES88°46'16"EN47°43'52"EN02°41'56"EN02°41'56"EN02°41'56"EN02°41'56"EN02°41'56"EN02°41'56"EN02°41'56"EN42°18'04"WN87°18'04"WS87°18'04"EN47°41'56"EN02°41'56"EN02°41'56"EN34°32'04"WS80°31'45"WS80°31'45"W LINE TABLELINE #L59L60L67L69L70L75L80L81L82L85L86L87L88L89L90L91L92L93L94L95L96 LENGTH40.63''87.70''39.58''436.67''8.49''32.00''159.18''211.00''75.65''34.64''16.00''137.25''120.00''120.00''122.50''120.75''120.00''120.00''118.75''172.60''14.14''BEARINGN80°31'45"EN80°31'45"EN76°25'15"EN02°41'56"EN02°41'56"ES87°18'04"ES02°41'56"WS02°41'56"WS02°41'56"WS76°25'15"WS39°33'36"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS02°41'56"WS42°18'04"E LINE TABLELINE #L102L103L104L107L108L109L110L111L114L115L116L117L118L119L120L121L122L123L124L125L126 LENGTH56.96''14.14''30.71''14.31''72.78''181.44''732.56''45.00''263.29''243.08''317.77''207.40''10.35''10.16''211.09''189.48''118.05''120.05''94.24''15.00''25.35''BEARINGN87°18'04"WS47°41'56"WS02°41'56"WS44°08'25"EN14°59'54"WN14°59'54"WN14°59'54"WN14°59'54"WN13°49'10"WN13°49'10"WS01°19'45"WS01°04'25"WN88°58'13"WS01°00'28"WS01°00'28"WS01°00'28"WS01°00'28"WS01°00'28"WS01°00'02"WN89°03'18"WS00°56'29"W LINE TABLELINE #L127L128L129L130L131L132L133L134L135L136L137L138L139L140L141L143L144L145L146L147L148 LENGTH122.56''120.81''120.06''120.06''25.00''120.05''179.26''163.51''35.00''30.00''119.63''144.25''172.09''182.69''216.10''268.54''111.60''101.54''196.21''179.78''126.50''BEARINGS00°56'29"WS00°56'29"WS00°56'29"WS00°56'29"WN89°50'14"ES00°56'29"WS00°56'29"WS00°56'29"WS00°56'29"WN87°18'04"WS75°00'06"WN87°18'04"WN87°18'04"WN87°18'04"WN87°18'04"WN87°18'04"WS22°33'44"WS22°33'44"WN49°05'37"WN02°41'56"EN87°18'04"W L I N E T A B L E LINE # L14 9 L15 0 L15 1 L15 2 L15 3 L15 4 L15 5 L15 6 L15 7 L15 8 L15 9 L16 0 L16 1 L16 2 L16 4 L16 5 L16 6 L16 7 L16 8 L16 9 L17 0 L E N G T H 4 0 . 5 0 ' ' 8 4 . 8 0 ' ' 1 2 0 . 5 1 ' ' 2 4 4 . 3 1 ' ' 2 2 9 . 4 0 ' ' 1 2 8 . 6 9 ' ' 4 7 . 4 8 ' ' 6 2 . 3 0 ' ' 4 2 . 6 0 ' ' 3 0 . 0 0 ' ' 1 0 5 . 2 4 ' ' 6 5 . 9 5 ' ' 2 5 5 . 5 6 ' ' 2 2 3 . 9 4 ' ' 3 4 4 . 2 6 ' ' 3 5 5 . 1 3 ' ' 3 8 9 . 9 7 ' ' 1 3 6 . 0 0 ' ' 1 2 5 . 0 0 ' ' 1 2 5 . 0 0 ' ' 1 7 3 . 0 8 ' ' B E A R I N G N 8 7 ° 1 8 ' 0 4 " W N 8 7 ° 1 8 ' 0 4 " W N 8 7 ° 1 8 ' 0 4 " W S 0 2 ° 4 1 ' 5 6 " W S 0 2 ° 4 1 ' 5 6 " W S 0 3 ° 0 4 ' 5 9 " E S 2 2 ° 2 8 ' 1 6 " E S 3 6 ° 0 2 ' 1 1 " W S 3 6 ° 0 2 ' 1 1 " W S 7 1 ° 4 3 ' 2 7 " W S 7 6 ° 1 0 ' 5 0 " W N 3 6 ° 3 9 ' 2 2 " W N 1 3 ° 4 9 ' 1 0 " W S 8 3 ° 1 5 ' 4 4 " W N 1 3 ° 4 9 ' 1 0 " W N 1 3 ° 4 9 ' 1 0 " W N 1 3 ° 4 9 ' 1 0 " W N 7 6 ° 1 0 ' 5 0 " E N 7 6 ° 1 0 ' 5 0 " E N 7 6 ° 1 0 ' 5 0 " E N 6 4 ° 3 3 ' 5 6 " E L I N E T A B L E L I N E # L 1 7 1 L 1 7 2 L 1 7 3 L 1 7 4 L 1 7 5 L 1 7 6 L 1 7 7 L 1 7 8 L 1 7 9 L 1 8 0 L 1 8 1 L 1 8 2 L 1 8 3 L 1 8 4 L 1 8 5 L 1 8 6 L 1 8 7 L 1 8 8 L 1 8 9 L 1 9 0 L 1 9 1 L E N G T H 1 9 4 . 8 1 ' ' 1 5 8 . 8 3 ' ' 2 2 8 . 5 2 ' ' 3 0 . 0 0 ' ' 1 6 1 . 5 4 ' ' 3 0 . 0 0 ' ' 2 3 9 . 3 0 ' ' 1 0 3 . 2 8 ' ' 1 3 9 . 1 0 ' ' 1 4 5 . 3 3 ' ' 5 4 . 6 2 ' ' 1 6 3 . 7 9 ' ' 2 5 1 . 2 3 ' ' 2 5 4 . 7 8 ' ' 2 4 3 . 3 5 ' ' 2 4 7 . 1 1 ' ' 2 5 0 . 8 2 ' ' 2 5 4 . 5 0 ' ' 2 5 8 . 1 8 ' ' 1 9 1 . 1 4 ' ' 9 5 . 6 9 ' ' B E A R I N G S 8 7 ° 1 8 ' 0 4 " E N 8 7 ° 1 8 ' 0 4 " W N 1 0 ° 1 6 ' 3 1 " W N 4 9 ° 4 6 ' 5 3 " W N 1 4 ° 5 5 ' 0 3 " W N 1 8 ° 0 7 ' 3 0 " E N 0 1 ° 2 1 ' 5 7 " E S 8 8 ° 2 5 ' 1 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 2 5 ° 5 6 ' 3 8 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E L I N E T A B L E L I N E # L 1 9 2 L 1 9 3 L 1 9 4 L 1 9 5 L 1 9 7 L 1 9 8 L 1 9 9 L 2 0 0 L 2 0 1 L 2 0 2 L 2 0 3 L 2 0 4 L 2 0 5 L 2 0 6 L 2 0 7 L 2 0 8 L 2 0 9 L 2 1 0 L E N G T H 2 1 3 . 6 7 ' ' 1 8 1 . 6 2 ' ' 8 4 . 9 6 ' ' 1 5 6 . 8 8 ' ' 5 6 . 9 6 ' ' 3 1 . 0 1 ' ' 8 1 . 3 2 ' ' 3 8 2 . 9 8 ' ' 1 0 . 5 0 ' ' 6 3 . 7 9 ' ' 3 6 . 8 3 ' ' 5 3 . 1 6 ' ' 8 3 . 6 5 ' ' 9 6 . 5 0 ' ' 3 9 . 9 4 ' ' 1 1 7 . 3 3 ' ' 3 8 . 1 2 ' ' 5 7 . 6 0 ' ' B E A R I N G N 3 0 ° 4 7 ' 4 9 " E N 7 9 ° 2 1 ' 5 3 " E S 3 0 ° 1 9 ' 2 7 " E S 8 8 ° 2 6 ' 5 5 " E S 8 7 ° 1 8 ' 0 4 " E N 1 3 ° 4 9 ' 1 0 " W S 8 9 ° 0 7 ' 3 7 " E S 1 4 ° 5 9 ' 5 4 " E S 8 7 ° 1 8 ' 0 4 " E S 8 7 ° 1 8 ' 0 4 " E S 3 6 ° 1 4 ' 2 1 " E S 3 6 ° 1 4 ' 2 1 " E S 0 2 ° 4 1 ' 5 6 " W S 0 2 ° 4 1 ' 5 6 " W S 1 2 ° 4 1 ' 4 1 " E S 1 2 ° 4 1 ' 4 1 " E S 0 7 ° 4 0 ' 1 8 " W S 7 5 ° 0 0 ' 0 6 " W C U R V E T A B L E C U R V E # C 1 C 2 C 3 C 4 C 5 C 6 C 7 C 8 C 9 C 1 0 C 1 1 C 1 2 C 1 3 C 1 4 C 1 5 C 1 6 C 1 7 C 1 8 C 1 9 C 2 0 L E N G T H 3 3 . 9 8 ' 2 0 . 7 2 ' 9 . 4 8 ' 6 4 . 7 5 ' 9 5 . 4 3 ' 9 1 . 7 0 ' 7 . 3 7 ' 2 . 1 1 ' 1 1 8 . 2 6 ' 1 0 6 . 4 1 ' 9 . 4 8 ' 5 2 . 9 7 ' 6 5 . 2 8 ' 6 2 . 5 0 ' 7 1 . 1 2 ' 9 . 4 8 ' 3 7 . 8 0 ' 1 3 0 . 0 9 ' 8 6 . 6 4 ' 1 0 . 1 0 ' R A D I U S 9 1 . 2 8 ' 5 0 . 0 0 ' 1 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 1 0 . 0 0 ' 1 0 . 0 0 ' 4 7 6 . 9 5 ' 4 7 7 . 3 3 ' 1 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 1 0 . 0 0 ' 5 0 9 . 8 2 ' 5 2 9 . 5 6 ' 5 1 8 . 2 8 ' 9 . 9 8 ' D E L T A 2 1 ° 1 9 ' 4 5 " 2 3 ° 4 4 ' 4 0 " 5 4 ° 1 9 ' 5 1 " 7 4 ° 1 1 ' 3 8 " 1 0 9 ° 2 1 ' 0 1 " 1 0 5 ° 0 5 ' 0 6 " 4 2 ° 1 2 ' 5 4 " 1 2 ° 0 5 ' 0 1 " 1 4 ° 1 2 ' 2 5 " 1 2 ° 4 6 ' 2 2 " 5 4 ° 1 8 ' 5 3 " 6 0 ° 4 2 ' 0 9 " 7 4 ° 4 8 ' 2 6 " 7 1 ° 3 7 ' 1 1 " 8 1 ° 3 0 ' 0 0 " 5 4 ° 1 8 ' 5 3 " 4 ° 1 4 ' 5 3 " 1 4 ° 0 4 ' 3 0 " 9 ° 3 4 ' 4 3 " 5 7 ° 5 9 ' 5 2 " C H B E A R I N G N 1 7 ° 2 2 ' 0 6 " E N 1 4 ° 3 4 ' 1 6 " E S 6 5 ° 3 2 ' 0 1 " W S 7 5 ° 2 7 ' 5 5 " W N 1 2 ° 4 5 ' 4 5 " W S 8 5 ° 3 2 ' 4 2 " E S 5 4 ° 0 6 ' 3 6 " E S 8 1 ° 1 5 ' 3 4 " E N 7 9 ° 2 9 ' 1 7 " W S 8 6 ° 5 5 ' 4 6 " W S 5 3 ° 2 2 ' 1 8 " W S 5 6 ° 3 3 ' 5 7 " W N 5 5 ° 4 0 ' 4 6 " W N 1 7 ° 3 2 ' 0 2 " E S 8 5 ° 5 4 ' 2 2 " E S 7 2 ° 1 8 ' 4 9 " E N 8 2 ° 3 5 ' 3 0 " E S 8 8 ° 1 4 ' 4 8 " E S 7 6 ° 2 5 ' 1 2 " E N 7 9 ° 2 2 ' 1 4 " E C H L E N G T H 3 3 . 7 9 ' 2 0 . 5 7 ' 9 . 1 3 ' 6 0 . 3 2 ' 8 1 . 5 9 ' 7 9 . 3 8 ' 7 . 2 0 ' 2 . 1 1 ' 1 1 7 . 9 6 ' 1 0 6 . 1 9 ' 9 . 1 3 ' 5 0 . 5 3 ' 6 0 . 7 4 ' 5 8 . 5 1 ' 6 5 . 2 8 ' 9 . 1 3 ' 3 7 . 7 9 ' 1 2 9 . 7 6 ' 8 6 . 5 4 ' 9 . 6 8 ' C U R V E T A B L E C U R V E # C 2 1 C 2 2 C 2 3 C 2 4 C 2 5 C 2 6 C 2 7 C 2 8 C 2 9 C 3 0 C 3 1 C 3 2 C 3 4 C 3 5 C 3 6 C 3 7 C 3 8 C 3 9 C 4 1 L E N G T H 8 4 . 0 8 ' 1 0 . 2 1 ' 3 2 . 1 7 ' 1 2 . 6 6 ' 5 . 5 9 ' 9 0 . 4 6 ' 4 5 . 8 0 ' 1 3 . 4 6 ' 6 5 . 0 8 ' 6 1 . 5 5 ' 1 2 . 3 1 ' 8 0 . 3 2 ' 2 4 . 5 2 ' 4 2 . 3 8 ' 6 1 . 3 6 ' 2 8 . 8 2 ' 2 3 . 5 8 ' 2 8 . 3 2 ' 1 6 . 1 9 ' R A D I U S 5 6 . 9 3 ' 9 . 9 8 ' 2 5 . 0 0 ' 1 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 1 0 . 0 0 ' 7 5 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 0 0 ' 5 0 . 7 6 ' 9 0 . 0 0 ' 7 5 . 0 0 ' D E L T A 8 4 ° 3 7 ' 0 6 " 5 8 ° 3 7 ' 4 9 " 7 3 ° 4 3 ' 1 9 " 7 2 ° 3 2 ' 3 3 " 6 ° 2 4 ' 2 8 " 1 0 3 ° 3 9 ' 1 5 " 5 2 ° 2 8 ' 4 9 " 1 5 ° 2 5 ' 3 4 " 7 4 ° 3 4 ' 2 6 " 7 0 ° 3 1 ' 4 4 " 7 0 ° 3 1 ' 4 4 " 6 1 ° 2 1 ' 2 6 " 2 8 ° 0 5 ' 5 2 " 4 8 ° 3 4 ' 0 4 " 7 0 ° 1 8 ' 4 0 " 3 3 ° 0 1 ' 2 3 " 2 6 ° 3 7 ' 2 4 " 1 8 ° 0 1 ' 4 3 " 1 2 ° 2 1 ' 5 3 " C H B E A R I N G S 8 7 ° 1 9 ' 1 0 " E S 7 4 ° 1 9 ' 3 1 " E N 3 9 ° 3 3 ' 3 6 " E N 3 3 ° 3 4 ' 2 0 " W N 6 6 ° 3 8 ' 2 2 " W N 1 1 ° 3 6 ' 3 1 " W N 6 6 ° 2 7 ' 3 2 " E S 7 9 ° 3 5 ' 1 7 " E S 3 4 ° 3 5 ' 1 7 " E S 3 7 ° 5 7 ' 4 8 " W S 3 7 ° 5 7 ' 4 8 " W S 3 3 ° 2 2 ' 3 9 " W S 7 3 ° 1 5 ' 0 8 " E S 3 4 ° 5 5 ' 0 9 " E S 2 4 ° 3 1 ' 1 3 " W S 7 6 ° 1 1 ' 1 5 " W S 1 0 ° 3 6 ' 4 6 " E S 1 2 ° 0 1 ' 5 2 " E S 7 0 ° 1 4 ' 1 9 " W C H L E N G T H 7 6 . 6 5 ' 9 . 7 7 ' 2 9 . 9 9 ' 1 1 . 8 3 ' 5 . 5 9 ' 7 8 . 6 1 ' 4 4 . 2 1 ' 1 3 . 4 2 ' 6 0 . 5 8 ' 5 7 . 7 4 ' 1 1 . 5 5 ' 7 6 . 5 3 ' 2 4 . 2 8 ' 4 1 . 1 3 ' 5 7 . 5 8 ' 2 8 . 4 2 ' 2 3 . 3 7 ' 2 8 . 2 0 ' 1 6 . 1 5 ' ( I N F E E T ) 1 I N C H = F T 0 1 0 0 5 0 1 0 0 2 0 0 O C T O B E R 2 0 1 8 P R E L I M I N A R Y P L A T O F O A K A L L E Y B E I N G 4 3 . 5 3 6 A C R E S B E I N G L O T S 1 R 1 & 1 R 2 , B L O C K 1 B E A R C R E E K P L A N T A T I O N C I T Y O F C O L L E Y V I L L E , T A R R A N T C O U N T Y , T E X A S 3 5 R E S I D E N T I A L L O T S 1 0 O P E N S P A C E L O T S 1 S T R E E T & P E D E S T R I A N A C C E S S L O T O W N E R : B U R K & G L O R I A C O L L I N S T R U S T 1 3 1 2 J O H N M C C A I N R O A D C O L L E Y V I L L E , T E X A S 7 6 0 3 4 S U R V E Y O R : M I L L E R S U R V E Y I N G , I N C . 4 3 0 M I D C I T I E S B O U L E V A R D H U R S T , T E X A S 7 6 0 5 4 ( 8 1 7 ) 5 7 7 - 1 0 5 2 C O N T A C T : J A S O N R A W L I N G S E N G I N E E R : D E O T T E , I N C . 4 2 0 J O H N S O N R D . S U I T E 3 0 3 K E L L E R , T E X A S 7 6 2 4 8 ( 8 1 7 ) 3 3 7 - 8 8 9 9 C O N T A C T : R I C H D E O T T E P R O P E R T Y D E S C R I P T I O N B e i n g a t r a c t o f l a n d o u t o f t h e H a l l - M e d l i n S u r v e y , A b s t r a c t N o . 1 0 3 7 a n d t h e H . R . W a l l S u r v e y , A b s t r a c t N o . 1 9 7 3 , s i t u a t e d i n t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a n d s u r v e y e d b y M i l l e r S u r v e y i n g , I n c . o f H u r s t , T e x a s i n J u n e o f 2 0 1 7 , s a i d t r a c t b e i n g a l l o f L o t 1 R 1 a n d L o t 1 R 2 , B l o c k 1 , B e a r C r e e k P l a n t a t i o n , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s a c c o r d i n g t o t h e p l a t t h e r e o f r e c o r d e d i n C a b i n e t A , S l i d e 5 6 2 2 o f t h e P l a t R e c o r d s o f T a r r a n t C o u n t y , T e x a s a n d b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d b y m e t e s a n d b o u n d s a s f o l l o w s : B e g i n n i n g a t a 1 / 2 i n c h s t e e l r o d f o u n d f o r t h e s o u t h w e s t c o r n e r o f s a i d L o t 1 R 1 , s a i d r o d b e i n g t h e i n t e r s e c t i o n o f t h e n o r t h e r l y r i g h t - o f - w a y l i n e o f J o h n M c C a i n R o a d a n d t h e e a s t e r l y r i g h t - o f - w a y l i n e o f H o l l y L a n e ; T h e n c e N o r t h 1 4 d e g r e e s 5 9 m i n u t e s 5 4 s e c o n d s W e s t w i t h t h e w e s t e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 1 a n d w i t h s a i d e a s t e r l y r i g h t - o f - w a y l i n e , p a s s i n g a t 9 8 6 . 7 9 a 5 / 8 i n c h s t e e l r o d w i t h c a p s t a m p e d “ M S I R P L S 4 2 2 4 ” f o u n d f o r t h e s o u t h w e s t c o r n e r o f L o t 1 R 2 o f s a i d B l o c k 1 a n d c o n t i n u i n g w i t h a t o t a l d i s t a n c e o f 1 0 3 1 . 7 9 f e e t t o a 5 / 8 i n c h s t e e l r o d f o u n d ; T h e n c e N o r t h 8 9 d e g r e e s 2 6 m i n u t e s 5 7 s e c o n d s E a s t w i t h t h e w e s t e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 2 a n d s a i d e a s t e r l y r i g h t - o f - w a y l i n e a d i s t a n c e o f 1 . 9 4 f e e t t o a 5 / 8 i n c h s t e e l r o d f o u n d ; T h e n c e N o r t h 1 5 d e g r e e s 2 6 m i n u t e s 2 5 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a n d s a i d e a s t e r l y r i g h t - o f - w a y l i n e a d i s t a n c e o f 5 3 . 2 3 f e e t t o a 1 / 2 i n c h " M I L L E R 5 6 6 5 " c a p p e d s t e e l r o d f o u n d ; T h e n c e N o r t h 8 9 d e g r e e s 0 7 m i n u t e s 3 7 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a n d s a i d e a s t e r l y r i g h t - o f - w a y l i n e a d i s t a n c e o f 5 2 . 3 2 f e e t t o a 1 / 2 i n c h " M I L L E R 5 6 6 5 " c a p p e d s t e e l r o d f o u n d f o r t h e s o u t h w e s t c o r n e r o f s a i d L o t 1 R 2 ; T h e n c e N o r t h 1 3 d e g r e e s 4 9 m i n u t e s 1 0 s e c o n d s W e s t w i t h t h e w e s t e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 2 , p a s s i n g a t 1 9 0 . 0 0 f e e t a 1 / 2 i n c h " M I L L E R 5 6 6 5 " c a p p e d s t e e l r o d f o u n d f o r t h e n o r t h w e s t c o r n e r o f s a i d L o t 1 R 2 a n d c o n t i n u i n g w i t h t h e w e s t e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 1 a t o t a l d i s t a n c e o f 5 3 7 . 3 8 f e e t t o a 1 / 2 i n c h " M I L L E R 5 6 6 5 " c a p p e d s t e e l r o d s e t f o r a n a n g l e p o i n t i n s a i d w e s t e r l y b o u n d a r y l i n e ; T h e n c e N o r t h 5 2 d e g r e e s 2 4 m i n u t e s 5 3 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 1 4 0 . 4 6 f e e t t o a n a n g l e p o i n t t h e r e i n ; T h e n c e N o r t h 0 6 d e g r e e s 4 4 m i n u t e s 1 6 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 3 6 6 . 7 7 f e e t t o a n a n g l e p o i n t t h e r e i n ; T h e n c e N o r t h 2 3 d e g r e e s 1 8 m i n u t e s 2 2 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 1 3 4 . 1 5 f e e t ; T h e n c e N o r t h 6 2 d e g r e e s 1 0 m i n u t e s 3 0 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d w e s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 1 7 5 . 2 1 f e e t t o t h e n o r t h w e s t c o r n e r o f s a i d L o t 1 R 1 a n d b e i n g i n B i g B e a r C r e e k ; T h e n c e e a s t e r l y w i t h t h e n o r t h e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 1 a n d w i t h s a i d c r e e k a l o n g t h e f o l l o w i n g c a l l s : N o r t h 4 8 d e g r e e s 2 3 m i n u t e s 3 8 s e c o n d s E a s t a d i s t a n c e o f 1 6 . 0 0 f e e t ; N o r t h 6 5 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 6 6 . 0 0 f e e t ; N o r t h 8 2 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 5 8 . 0 0 f e e t ; S o u t h 8 2 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 4 9 . 0 0 f e e t ; S o u t h 5 8 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 6 6 . 0 0 f e e t ; S o u t h 3 7 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 3 1 . 0 0 f e e t ; S o u t h 0 8 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 1 4 5 . 0 0 f e e t ; S o u t h 1 2 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 6 4 . 0 0 f e e t ; S o u t h 5 5 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 7 8 . 0 0 f e e t ; N o r t h 8 5 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 5 6 . 0 0 f e e t ; N o r t h 5 8 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 2 9 . 0 0 f e e t ; N o r t h 4 6 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 2 4 7 . 0 0 f e e t ; N o r t h 7 8 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 2 1 3 . 0 0 f e e t ; S o u t h 6 6 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 9 6 . 0 0 f e e t ; S o u t h 7 9 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 9 1 . 0 0 f e e t ; N o r t h 8 7 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 6 3 . 0 0 f e e t ; N o r t h 6 8 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 5 0 . 0 0 f e e t ; N o r t h 4 0 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 4 2 . 0 0 f e e t ; N o r t h 5 2 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 8 3 . 0 0 f e e t ; N o r t h 6 5 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a d i s t a n c e o f 5 5 . 0 0 f e e t ; S o u t h 8 8 d e g r e e s 4 6 m i n u t e s 1 6 s e c o n d s E a s t a d i s t a n c e o f 1 5 3 . 0 0 f e e t t o t h e n o r t h e a s t c o r n e r o f s a i d L o t 1 R 1 ; T h e n c e S o u t h 0 1 d e g r e e s 1 9 m i n u t e s 4 5 s e c o n d s W e s t w i t h t h e e a s t e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 1 a d i s t a n c e o f 4 2 2 . 0 0 f e e t t o a 5 / 8 i n c h s t e e l r o d f o u n d f o r a n a n g l e p o i n t t h e r e i n ; T h e n c e S o u t h 0 1 d e g r e e s 0 0 m i n u t e s 2 8 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d e a s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 8 3 5 . 9 2 f e e t t o a b r a s s m o n u m e n t f o u n d f o r a n a n g l e p o i n t t h e r e i n ; T h e n c e S o u t h 0 0 d e g r e e s 5 6 m i n u t e s 2 9 s e c o n d s W e s t c o n t i n u i n g w i t h s a i d e a s t e r l y b o u n d a r y l i n e a d i s t a n c e o f 1 0 1 6 . 4 9 f e e t t o a 1 / 2 i n c h s t e e l r o d f o u n d f o r t h e s o u t h e a s t c o r n e r o f s a i d L o t 1 R 1 , s a i d r o d b e i n g i n t h e n o r t h e r l y r i g h t - o f - w a y l i n e o f J o h n M c C a i n R o a d ; T h e n c e N o r t h 8 8 d e g r e e s 2 6 m i n u t e s 5 5 s e c o n d s W e s t w i t h t h e s o u t h e r l y b o u n d a r y l i n e o f s a i d L o t 1 R 1 a n d w i t h s a i d n o r t h e r l y r i g h t - o f - w a y l i n e a d i s t a n c e o f 5 3 4 . 3 7 f e e t t o t h e p o i n t o f b e g i n n i n g a n d c o n t a i n i n g 4 3 . 5 3 6 a c r e s o f l a n d , m o r e o r l e s s . L O C A T I O N M A P S C A L E : 1 " = 2 0 0 0 ' J O H N M C C A I N S I T E CO L L E Y V I L L E B L V D H O L L Y TRIANON W H E R E A S T H E P L A N N I N G A N D Z O N I N G C O M M I S S I O N O F T H E C I T Y O F C O L L E Y V I L L E , T E X A S V O T E D A F F I R M A T I V E L Y O N T H I S _ _ _ _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ _ , T O A P P R O V E T H I S P L A T . C H A I R M A N , P L A N N I N G A N D Z O N I N G C O M M I S S I O N A T T E S T : S E C R E T A R Y , P L A N N I N G A N D Z O N I N G C O M M I S S I O N P L A N N I N G A N D Z O N I N G C O M M I S S I O N A P P R O V A L W H E R E A S T H E C I T Y C O U N C I L O F T H E C I T Y O F C O L L E Y V I L L E , T E X A S V O T E D A F F I R M A T I V E L Y O N T H I S _ _ _ _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ _ , T O A P P R O V E T H I S P L A T . M A Y O R , C I T Y O F C O L L E Y V I L L E A T T E S T : C I T Y S E C R E T A R Y C I T Y C O U N C I L A P P R O V A L The purpose of this plat i s t o d e v e l o p t h e 4 3 . 5 3 6 acre tract into a thirty f i v e l o t r e s i d e n t i a l s u b d i v i s i o n . PURPOSE OF P L A T N O T E S : 1 . L O T O S - 1 0 W I L L B E A L A N D S C A P E , W A L L & D R A I N A G E E A S E M E N T A N D S H A L L A C C E P T D R A I N A G E F R O M B O T H T H E E A S T A N D W E S T S I D E S O F T H E H O L L Y L A N E R O W . 2 . S U B D I V I S I O N I S P L A N N I N G F O R P R I V A T E R O A D S ( L O T O S - 1 0 ) . H O A I S R E S P O N S I B L E F O R A L L M A I N T E N A N C E I N T H I S L O T . 3 . L O T P S - 1 W I L L B E A S T R E E T A N D P E D E S T R I A N A C C E S S E A S E M E N T . P R O P . R C P PROP. RCP TANGLEWOOD BIG B E A R C R E E K REGULATORY FLOODWAY 1% ANNUAL CHANCE FLOODPLAIN 0.2% ANNUAL CHANCE FLOODPLAIN PROP. AREA DRAINS & RCP IN PROP. DRAINAGE EASEMENT PROP. CI PROP. JUNCTION BOXES PROP. CI PR O P . R C P P R O P . R C P PROP. HEADWALL AT POND OUTFALL PROP. HEADWALL PROP. CI PROP. DRAINAGE EASEMENT PROP. DRAINAGE EASEMENT PROP. CI PROP. DRAINAGE EASEMENT P R O P . R C P PROP. HEADWALL PROP. HEADWALLS & POND OUTFALL SEE NOTE 6 TANGLEWOOD BIG B E A R C R E E K REGULATORYFLOODWAY 1% ANNUAL CHANCEFLOODPLAIN 0.2% ANNUAL CHANCE FLOODPLAIN 0 200100 200 400 N DRAINAGE AREA LABEL FLOW ARROW DRAINAGE DIVIDE EXISTING CONTOUR MINOR EXISTING CONTOUR MAJOR LEGEND DESIGN POINT OWNER: BURK & GLORIA COLLINS TRUST APPLICANT: SAGE GROUP, INC. 1130 N. CARROLL AVE., SUITE 200 SOUTHLAKE, TEXAS 76092 (817) 424-2626 CONTACT: CURTIS YOUNG ENGINEER: DEOTTE, INC. 420 JOHNSON RD, SUITE 303 KELLER, TEXAS 76248 (817) 337-8899 CONTACT: CLAYTON REDINGER EXISTING CONDITION POST-PROJECT CONDITION C I V I L E N G I N E E R I N G TB P E N o . F - 0 0 3 1 1 6 D E O TT E , I NC . DOI No. 201712100 42 0 J o h n s o n R o a d , S u i t e 3 0 3 Ke l l e r , T e x a s 7 6 2 4 8 81 7 - 3 3 7 - 8 8 9 9 ( O f f i c e ) 8 1 7 - 3 3 7 - 5 1 3 3 ( F a x ) PR E P A R E D F O R : DO I N o . 20 1 7 1 2 1 0 0 - OA K A L L E Y - W A T E R , S E W E R , D R A I N A G E A N D P A V I N G I M P R O V E M E N T S - CO L L E Y V I L L E , T E X A S BENCHMARKS: BM1 XXX ELEV = XXX BM2 XXX ELEV = XXX BU R K & G L O R I A C O L L I N S T R U S T LOCATION MAP SCALE: 1" = 2000' JOHN MCCAIN SITE CO L L E Y V I L L E B L V D H O L L Y TR I A N O N 2 PR E L I M I N A R Y D R A I N A G E AN A L Y S I S OA K A L L E Y CO L L E Y V I L L E , T E X A S Oak Alley NOTES: 1.PROPOSED GRADING IMPROVEMENTS WITHIN THE REGULATORY FLOODWAY OF BIG BEAR CREEK WILL LIKELY REQUIRE A CLOMR SUBMITTAL THROUGH FEMA AT A LATER DATE DETAILING HYDRAULIC IMPACT DUE TO DEVELOPMENT. 2.ULTIMATE CONFIGURATION AND SIZING OF PROPOSED IMPROVEMENTS MAY CHANGE SLIGHTLY IN FINAL DESIGN. 3.TOPOGRAPHY OBTAINED THROUGH TEXAS NATURAL RESOURCE INFORMATION SERVICE (TNRIS), 2009, NAVD 88 VERTICAL DATUM. 4.REF. TANGLEWOOD RECORD DRAWINGS (STAMPED 05-23-02) FOR DOWNSTREAM STORM DRAINAGE CAPACITY & CONFIGURATION. 5.BIG BEAR CREEK SPECIAL FLOOD HAZARD AREA OBTAINED THROUGH TARRANT COUNTY GIS, REFERENCED TO NAD83 TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, US FEET. 6.INLET LOCATION ON WEST SIDE OF HOLLY ROW TO BE COORDINATED WITH EXISTING PROPERTY OWNERS TO WEST. INLETS WILL BE DESIGNED TO PICK UP PORTION OF OS-1.2 DRAINING TO IT AND DIRECT WATER TO PROPOSED POND. O S - 8 2 0 , 1 4 5 S F LOT 630,319 SFLOT 530,761 SFLOT 433,861 SF LOT 326,006 SFLOT 230,408 SFLOT 126,007 SF OS-217,760 SF L O T 1 3 3 0 , 0 0 8 S F L O T 1 2 3 0 , 0 4 2 S F L O T 1 1 3 2 , 2 0 6 S F L O T 1 0 3 0 , 3 6 1 S F L O T 9 3 0 , 4 0 3 S F L O T 8 3 0 , 0 4 1 S F L O T 7 3 0 , 0 6 3 S F L O T 1 5 4 0 , 5 7 6 S F L O T 1 4 3 0 , 0 0 6 S F L O T 2 6 3 0 , 0 4 0 S F L O T 2 5 3 0 , 0 0 6 S F L O T 2 4 3 0 , 0 2 0 S F L O T 2 3 4 3 , 6 0 6 S F LOT 3530,024 SF LOT 3434,574 SF LOT 3337,052 SFLOT 3239,493 SF LOT 3136,123 SF L O T 3 0 3 0 , 0 4 8 S F L O T 2 9 4 8 , 6 5 8 S F L O T 2 8 3 0 , 2 9 7 S F L O T 2 7 3 0 , 0 1 0 S F L O T 1 6 3 3 , 6 6 2 S F L O T 1 7 3 1 , 4 6 7 S F O S - 1 0 1 9 7 , 4 6 7 S F O S - 7 1 7 , 1 1 5 S F OS-634,326 SFOS-52,197 SF OS-42,568 SF OS-111,711 SFOS-32,741 SF O S - 9 2 8 6 , 1 3 9 S F L O T 1 8 1 3 2 , 8 8 4 S F L O T 1 9 4 6 , 2 2 1 S F L O T 2 0 4 3 , 6 4 4 S F L O T 2 1 4 3 , 5 7 6 S F L O T 2 2 6 1 , 7 7 4 S F S H E E T : P R O J E C T N O . : D A T E : S C A L E : D R A W N B Y : O A K A L L E Y C I V I L E N G I N E E R I N G 4 2 0 J o h n s o n R o a d , S u i t e 3 0 3 K e l l e r , T e x a s 7 6 2 4 8 F a x 8 1 7 - 3 3 7 - 5 1 3 3 P h o n e 8 1 7 - 3 3 7 - 8 8 9 9 D E O T T E , I N C . W W W . D E O T T E . C O M F I R M R E G I S T R A T I O N : # F - 0 0 3 1 1 6 ( T X ) P E R I M E T E R G R A D I N G C O N C E P T P L A N C O L L E Y V I L L E , T E X A S 2 0 1 7 1 2 1 0 0 1 0 / 2 3 / 2 0 1 8 1 " = 1 0 0 ' D S M 1 O F 1 0 1 0 0 5 0 1 0 0 2 0 0 N L O C A T I O N M A P S C A L E : 1 " = 2 0 0 0 ' J O H N M C C A I N S I T E CO L L E Y V I L L E B L V D H O L L Y TRIANON L O T S 1 A N D 2 T H E S E L O T S A R E E X P E C T E D T O H A V E P A D G R A D E S B E T W E E N T H E E X I S T I N G E L E V A T I O N S O N T H E L O T . D R A I N A G E W I L L B E D I R E C T E D T O T R I A N O N C O U R T A N D T O A S T O R M D R A I N T H A T R E C E I V E S F L O W A N D T A K E S I T D I R E C T L Y T O T H E N O R T H . S M A L L R E T A I N I N G W A L L S ( 4 F E E T O R L E S S ) A R E N O T E X P E C T E D B U T M A Y B E R E Q U I R E D . N O L A R G E R E T A I N I N G W A L L S ( G R E A T E R T H A N F O U R F E E T ) W I L L B E N E E D E D . L O T S 4 T H R O U G H 1 1 T H E S E L O T S A R E E X P E C T E D T O H A V E L O T P A D E L E V A T I O N S W I T H I N T H E E X I S T I N G G R A D E S O N E A C H L O T . C U S T O M B U I L D E R S W I L L H A V E T O L O C A T E T H E P A D O N T H E L O T T O D E T E R M I N E G R A D I N G . T H E S E L O T S A R E E X P E C T E D T O H A V E P A D S C L O S E R T O T H E R O A D W A Y S O T H E G R A D I N G A N Y W H E R E N E A R T H E E A S T P R O P E R T Y L I N E I S N O T E X P E C T E D . R E T A I N I N G W A L L S A R E N O T E X P E C T E D T O B E N E E D E D N E A R T H E E A S T E N D O F T H E L O T S . L O T S 1 2 T H R O U G H 1 5 T H E S E L O T S A R E E X P E C T E D T O H A V E L O T P A D E L E V A T I O N S W I T H I N T H E E X I S T I N G G R A D E S O N E A C H L O T . C U S T O M B U I L D E R S W I L L H A V E T O L O C A T E T H E P A D O N T H E L O T T O D E T E R M I N E G R A D I N G , B U T T H E S E L O T S A R E N O T A S D E E P A S L O T S 4 T H R O U G H 1 1 . T H E S E L O T S A R E E X P E C T E D T O H A V E P A D S C L O S E R T O T H E R O A D W A Y S O T H E G R A D I N G N E A R T H E E A S T S I D E O F T H E L O T N E A R T A N G L E W O O D I S E X P E C T E D T O B E M I N I M A L . N O L A R G E R E T A I N I N G W A L L S ( G R E A T E R T H A N F O U R F E E T I N H E I G H T ) A R E E X P E C T E D . I T I S P O S S I B L E T H A T S M A L L E R R E T A I N I N G W A L L S ( F O U R F E E T O R L E S S ) M A Y B E N E E D E D . L O T S 2 2 A N D 2 3 T H E T O P O G R A P H Y O N T H E S E L E T S I S N A T U R A L L Y A B O U T 1 0 % . P A D E L E V A T I O N S A R E E X P E C T E D T O B E W I T H I N T H E L O T G R A D E S B U T S O M E R E T A I N I N G W A L L S A R E E X P E C T E D T O B E N E E D E D . S M A L L W A L L S ( F O U R F E E T O R L E S S S E E M L I K E L Y B U T S O M E L A R G E R W A L L S ( G R E A T E R T H A N F O U R F E E T ) M A Y N E E D E D . L O T 2 3 A L R E A D Y H A S A H O U S E O N I T T H A T I S E X P E C T E D T O B E T O R N D O W N S O I T ' S P O S S I B L E T H A T N O R E T A I N I N G W A L L S A T A L L W I L L B E L I K E L Y O N T H I S L O T . L O T 2 9 A N D L O T S 3 1 T H R O U G H 3 4 T H E S E L O T S A R E E X P E C T E D T O B E C L O S E T O E X I S T I N G G R A D E A N D N O T R E T A I N I N G W A L L S A R E E X P E C T E D T O B E N E E D E D F O R T H I S L O T S . S M A L L E R W A L L S ( F O U R F E E T O R L E S S ) M A Y B E N E E D E D A S A N E N H A N C E M E N T B U T N O S I G N I F I C A N T R E T A I N I N G W A L L S W I L L L I K E L Y B E N E E D E D F O R G R A D I N G . L O T 3 5 T H E P A D O N T H I S L O T I S E X P E C T E D T O B E W I T H I N E X I S T I N G P A D G R A D E S . A R E T A I N I N G W A L L I S U N L I K E L Y B U T M A Y B E N E E D E D A L O N G T H E S O U T H S I D E O F T H E L O T T O A D J U S T F O R T H E S T E E P E R G R A D E C O M I N G D O W N F R O M T H E E N T R Y F E A T U R E A L O N G J O H N M C C A I N . O T H E R R E T A I N I N G W A L L S A R E N O T E X P E C T E D T O B E N E E D E D A T T H I S T I M E . T H E H O L L Y P O N D T H E W A T E R S U R F A C E O F T H E H O L L Y P O N D I S E X P E C T E D T O B E A B O U T T H R E E F E E T B E L O W E X I S T I N G G R A D E . T H E S I D E S L O P E S A B O V E T H E W A T E R S U R F A C E W I L L B E 4 : 1 . T H E S L O P E S B E L O W T H E W A T E R S U R F A C E W I L L B E D E T E R M I N E D T O A C H I E V E A S M U C H D E P T H A S P O S S I B L E B U T T H E M A X I M U M S L O P E W I L L B E A C C O R D I N G T O T H E S O I L S R E C O M M E N D A T I O N S O F T H E G E O T E C H N I C A L E N G I N E E R . R E T A I N I N G W A L L S M A Y B E U S E D T O E N H A N C E A E S T H E T I C S O R T O I M P R O V E T H E P O N D D E S I G N A N D D E P T H . O A K A L L E Y G R A D I N G C O N C E P T 1 . F I N A L G R A D I N G I S T H E F I R S T T H I N G T H A T S T A R T S I N T H E F I N A L D E S I G N P R O C E S S A N D I T I S T H E L A S T T H I N G T H E F I N I S H E S I N O U R D E S I G N P R O C E S S B E C A U S E M A N Y T H I N G S A F F E C T T H O S E G R A D E S T H A T A R E N O T K N O W N Y E T . F I N A L G R A D I N G W I L L D E P E N D O N F I N A L F I E L D T O P O G R A P H I C S U R V E Y A N D T R E E S U R V E Y W H I C H H A S N O T B E E N C O M P L E T E D . 2 . F A C T O R S T H A T A F F E C T F I N A L G R A D E S W I L L I N C L U D E T R E E P R O T E C T I O N , D R A I N A G E , L O T A E S T H E T I C S ( V E R Y I M P O R T A N T F O R C U S T O M H O M E B U I L D E R S ) , A C C E S S I B I L I T Y , H A N D I C A P A C C E S S I B I L I T Y , S E W E R A C C E S S , F L O O D P L A I N E L E V A T I O N S , P O S I T I V E D R A I N A G E O V E R F L O W A N D M I N I M U M S L O P E S O N L O T S T O A S S U R E P R O P E R L O T D R A I N A G E . 3 . M A J O R C O N S T R A I N T S I M P A C T I N G G R A D I N G O N T H I S S I T E I N C L U D E T H E P E R I M E T E R R O A D S , E X I S T I N G A D J A C E N T P R O P E R T I E S A N D T H E D O U B L E R O W O F O A K T R E E S W H I C H W I L L R E M A I N A N D A T W H I C H T H E G R A D E C A N N O T B E S I G N I F I C A N T L Y A L T E R E D . T H I S C O N C E P T F O C U S E S O N T H E P E R I M E T E R L O T S A N D P R E S E N T S C R I T E R I A T H A T C A N B E A C H I E V E D F O R E A C H L O T W I T H F I N A L D E S I G N C O N N E C T T O E X S S M H C O N N E C T T O E X W A T E R L I N E CONNECT T O E X WATER LIN E C O N N E C T T O E X W A T E R L I N E INSTALL:FIRE HYDRANT INSTALL:FIRE HYDRANT INSTALL:FIRE HYDRANTINSTALL:FIRE HYDRANT I N S T A L L : F I R E H Y D R A N T I N S T A L L : F I R E H Y D R A N T I N S T A L L : F I R E H Y D R A N T I N S T A L L : F I R E H Y D R A N T I N S T A L L : F I R E H Y D R A N T INSTALL:SSMHINSTALL:SSMHINST A L L : SSM H I N S T A L L : S S M H I N S T A L L : S S M H INSTALL:SSMH INSTALL : SSMH I N S T A L L : S S M H I N S T A L L : S S M H I N S T A L L : S S M H I N S T A L L : S S M H I N S T A L L : S S M H I N S T A L L : S S M H I N S T A L L : S S M H 8 " S E W E R 8 " W A T E R 8 " S E W E R 8 " W A T E R 8" SEWER8" WATER 8" SEWER8" WATER 8" SEWER8" WATER 8" WATER 8" W A T E R 1 5 ' W A T E R L I N E E A S E M E N T I N S T A L L : S S M H I N S T A L L : S S M H INSTALL:FIRE HYDRANT 8" SEWER 8 " S E W E R 15' WATERLINEEASEMENT 2 0 ' U T I L I T Y & D R A I N A G E E A S E M E N T EX HYDRANT TOBE RELOCATED INSTALL:SSMH I N S T A L L : S S M H 1 5 ' S E W E R E A S E M E N T I N S T A L L : S S M H C I V I L E N G I N E E R I N G TBPE No. F-003116 DEOTTE, INC.D O I N o . 2 0 1 7 1 2 1 0 0 420 Johnson Road, Suite 303 Keller, Texas 76248 817-337-8899 (Office) 817-337-5133 (Fax) PREPARED FOR: DOI No. 201712100 - OAK ALLEY - WATER, SEWER, DRAINAGE AND PAVING IMPROVEMENTS - COLLEYVILLE, TEXAS B E N C H M A R K S : B M 1 X X X E L E V = X X X B M 2 X X X E L E V = X X X BURK & GLORIA COLLINS TRUST L O C A T I O N M A P S C A L E : 1 " = 2 0 0 0 ' J O H N M C C A I N S I T E COL L E Y V I L L E B L V D H O L L Y TRIANON 3 ( I N F E E T ) 1 I N C H = F T 0 1 0 0 5 0 1 0 0 2 0 0 PRELIMINARY UTILITY PLAN OAK ALLEY COLLEYVILLE, TEXAS L E G E N D 8 " W A T E R L I N E F I R E H Y D R A N T 8 " S A N I T A R Y S E W E R L I N E S A N I T A R Y S E W E R M A N H O L E 575 1% event 577 Stable Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n Sc r e e n i n g a n d F e n c i n g P l a n En t r y P l a n En t r y P l a n En t r y E l e v a t i o n s Ea s e m e n t L a n d s c a p e P l a n 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAK ALLEY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § DEVELOPER, LLC, a Texas limited liability company; OAK ALLEY HOA, INC. a Texas corporation (all, "Declarant”) is the owner of all that certain land described in EXHIBIT "A", attached hereto and incorporated herein for all purposes (the "Property”). Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of establishing a general scheme for the development of all of the lots in the Property, and which shall run with the land and be binding on all property or any part thereof, and shall inure to the benefit and binding upon of each owner thereof, and his heirs, administrators, successors and assigns. DEFINITIONS The following words when used in this Declaration or any amendment or supplement hereto (unless the context shall otherwise clearly indicate or prohibit) shall have the following meanings: “Addition” shall mean Oak Alley subdivision as depicted in Exhibit A hereof. “Assessment” shall mean any of the assessments described Article IV hereof. "Association" shall mean and refer to Oak Alley Homeowners Association, Inc., a Texas non-profit corporation, which after its formation, but subject to the provisions of this Declaration, shall have the power, duty and responsibility of maintaining and administering the Common Area, collecting the Assessments and charges hereinafter prescribed, and the right of administering and enforcing this Declaration. “Board” shall mean the Board of Directors of the Association. “Builder” shall mean an Owner who is primarily engaged in the business of homebuilding and is building Residences on one or more Lots. “City” shall mean the city of Colleyville. "Common Area" shall mean and refer to the following: (a) easements for lighting and landscaping in the entryway as more particularly described herein, (b) an easement for a masonry wall and/or fence as more particularly described herein, (c) ponds and water features, and (d) any other property hereafter conveyed to the Association as Common Area that shall be maintained by the Association. 2 “Committee” shall have the meaning described is section 6.1 hereof. “County” shall mean Tarrant County, Texas. "Declarant" shall mean and refer to the entities named in the first paragraph above and their successors and assigns (if any). No person or entity purchasing one or more Lots from Declarant in the ordinary course of business shall be considered a “Declarant". “Development Period” shall mean the period beginning on the date of recording of this Declaration and expiring twenty (20) years thereafter unless previously waived in writing by Declarant; during the Development Period, the Declarant reserves the right to facilitate the development, construction and marketing of the Property and the right to direct the size, shape, and composition of the Property pursuant to section 209.002 (4-a) of the Texas Property Code. “First Mortgagee” shall mean the holder, insurer, or guarantor of a purchase money mortgage secured by a recorded first deed of trust lien against a Lot, or any renewal, modification or refinancing thereof. "Lot" shall mean and refer to any plot or tract of land shown upon the Plat, as amended from time to time, which is designated as a lot therein by a number and which is or will be improved with a Residence. If any Common Area may be platted as separate lots in the Plat, same shall be excluded from the definition of "Lot" as used herein. "Adjoining Lot" shall m ean and refer to a Lot which is immediately adjacent to any other Lot as shown on the Plat. Any reference herein to the visibility of an item from any Adjoining Lot shall mean the visibility of such item from the ground level of the structure located on the Adjoining Lot and not the second story of a two-story dwelling located thereon. "Member" shall mean and refer to each Owner of a Lot. "Owner" shall mean and refer to each and every person or business entity who or which is a record owner of a fee or undivided fee interest in any Lot; however, the word "Owner" shall not include person(s) or entity(ies) who hold a bona fide lien or interest in a Lot as security for the performance of an obligation. “Plat” shall mean that certain Final Plat of Oak Alley, a plat recorded as Instrument No __________, Real Property Records, Tarrant County, Texas. "Property" shall mean and refer to the Property described in EXHIBIT "A", and any additions thereto which are subject to this Declaration or any amendment or supplement hereto, prepared and filed of record pursuant to the provisions hereof. “Residence” shall mean any dwelling constructed on a Lot. “Streets” shall mean those streets shown on the Plat. 3 ARTICLE I MEMBERSHIP AND VOTING RIGHTS Section 1.1. Membership. Every Owner of a Lot shall automatically be a Member of the Association for so long as he is an Owner. Section 1.2. Voting Rights. The Association shall have three classes of Members: CLASS A: Class A Members shall be all Members other than Class B and Class C Members. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any such Lot. CLASS B: Class B Members shall be any Builders. Class B Members shall be entitled to two (2) votes for each Lot owned. The Class B membership shall cease when a Residence is conveyed to a third party who is not a Builder. CLASS C: The Class C Member shall be the Declarant. The Class C Member shall be entitled to ten (10) votes for each Lot which it owns; this membership Class shall expire upon the conveyance to a Class B member and/ or third parties of all Lots owned by Declarant. Section 1.3. Quorum, Notice and Voting Requirements. The quorum, notice and voting requirements of and pertaining to the Association are set forth within the Bylaws of the Association as same may be amended from time to time. ARTICLE II GENERAL POWERS OF THE BOARD OF DIRECTORS Section 2.1. General Powers. The affairs of the Association shall be conducted by its Board. The Board shall be selected in accordance with the Certificate of Formation of the Association (attached hereto as EXHIBIT “B”) and Bylaws of the Association (attached hereto as EXHIBIT “C”). The Board, for the benefit of the Common Area and the Owners, shall have the following rights: (a) To provide for the care of and preservation of the Common Area and the furnishing and upkeep of any desired fixtures, personal property and landscaping in the Common Area, and to maintain any drainage pipes in Common Area or in easements conveyed to the Association; (b) To maintain the Common Area, including care for the grass, shrubs, flowers, and trees; 4 (c) To provide for any private trash and garbage collection service and security arrangements, at its discretion; (d) To pay for taxes, insurance and utilities (including without limitation, electricity, gas, water and sewer charges) which pertain to the Common Area only; (e) To hire the services of a person or firm (including Declarant and any affiliates of Declarant) to manage the Association or any separate portion thereof, and to maintain the Common Area, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by a man ager designated by the Board; (f) To contract for legal and accounting services; (g) To obtain and purchase any other materials, supplies, furniture, labor, services, maintenance, repairs, and structural alteration which the Board is required to obtain or pay for pursuant to the terms of this Declaration or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration; (h) To execute all declarations of ownership for tax assessment purposes with regard to any of the Common Area; (i) To enter into agreements or contracts with companies and taxing authorities with respect to: (i) taxes on the Common Area; (ii) insurance coverage (if any) on Common Area, and (iii) utility installation, consumption and service matters; (j) To borrow funds to pay costs of operations and improvements, secured by assignment or pledge of income, if the Board sees fit, or secured by such assets of the Association as deemed appropriate by the lender and the Board; (k) To enter into contracts, maintain one or more bank accounts, and, generally, to have all the powers necessary or incidental to the operation and management of the Association; (l) To protect or defend the Common Area from loss or damage by suit or otherwise, to sue or defend in any court of law on behalf of the Association and to provide adequate reserves for repairs and replacements; (m) To make reasonable rules and regulations for the Common Area and to amend them from time to time; (n) To make available to each Owner, within one hundred twenty (120) days after the end of each fiscal year, an annual report; (o) To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; 5 (p) To enforce the provisions of this Declaration and any rules made hereunder and to assess, institute foreclosure, fine, enjoin and/or seek damages from any Owner for violation of such of provisions or rules; provided, that the Board may exercise discretion in deciding to enforce the provisions of this Declaration and said rules, so long as it does not act in an arbitrary or capricious manner. (q) To do such other acts as are contemplated by or are appropriate to this Declaration and the Certificate of Formation and Bylaws of the Association. Section 2.2. Board Powers, Exclusive. The Board, acting through any Officer of the Association, shall have the exclusive right to contract for all goods, services, and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. In the event or if for any reason the Board is not deemed authorized to act for and on behalf of the Association and the Members, then Declarant may exercise its power and authority described herein to act for and on behalf of the Association and the Members, and the Association shall reimburse Declarant for any and all reasonable expenses incurred in so acting. Section 2.3. Contracts With Owners. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner (including without limitation, Declarant) for the performance, on behalf of the Association, of services which the Board is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interest of the Association. Section 2.4. Liability Limitations. Neither any Member, the Board, any Director, nor any Officer of the Association shall be personally liable for debts contracted for, or otherwise incurred by the Association, or for a tort of another Member or the Association, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, nor their Directors, officers, agents, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, improvements or portion thereof or for failure to repair or maintain the same. Section 2.5. Reserve Funds. The Board may establish reserve funds which may be maintained and accounted for separately from other funds maintained for annual operating expenses. Section 2.6. Restrictions on Contracts. Neither Declarant nor the Association may directly or indirectly enter into any management agreement or any other contract on behalf of the Association which extends beyond the expiration of the Development Period. The Association may, however, following such date, enter into new management agreements or other contracts in accordance with this Declaration. 6 ARTICLE III PROPERTY RIGHTS IN THE COMMON AREA Section 3.1. Members' Easement of Enjoyment. Subject to the provisions contained herein, the Association shall have and is hereby granted, transferred and conveyed a non-exclusive right and easement in and to the Common Area. The use of the Common Area by any Member, licensee, or guest of either, shall be at their own risk. Section 3.2. Easements to the Common Area. The Declarant hereby reserves for the benefit of the Association and transfers to the Association an easement as “Common Area” over the landscaped common area of the Addition. The Declarant shall have the right and option (without the joinder and consent of any person or entity, save and except any consent, joiner or approval required by any governmental authority) to redesign, reconfigure, alter, improve, landscape and maintain the Common Area, provided that Declarant fully and timely complies with any and all requirements of any governmental authorities. Section 3.3. Extent of Members' Easement. The rights and easements created hereby shall be subject to the following: (a) The right of the Association to prescribe reasonable regulations and policies governing the Common Area; (b) All matters recorded in the Real Property Records of the County, to the extent that same affect the Common Area as of the date of the recording of this Declaration, and such further easements, restrictions and exceptions as the Declarant or the Association may grant to other parties; (c) The right of the Association to enter into and execute contracts with any party (including, without limitation, Declarant) for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association. Section 3.4. Declarant’s and Association’s Responsibilities for Common Area. (a) All initial improvements to the Common Area shall be performed by Declarant at its sole cost and expense prior to the conveyance of the Common Area to the Association. Such initial improvements shall include the grading and planting of any landscaping on the Common Area, and any other improvements on the Common Area, in Declarant’s discretion. (b) Upon completion of the improvements described in (a) above, the Association shall cause the Common Area to be maintained, including, but not limited to, maintaining landscaping, payment of taxes on and insurance premiums, if any, for Common Area, the cost of replacing and repairing improvements to the Common Area, and paying the cost of labor, services, materials, and equipment (including the cost of renting same, if any) related to the Common Area and the improvements therein. 7 ARTICLE IV COVENANTS FOR ASSESSMENTS Section 4.1. Assessments. Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed, as a part of the purchase money consideration for such deed and conveyance, to covenant and agree to pay to the Association (or to an independent entity or agency which may be designated by the Association to receive such monies): (a) Regular Assessments (herein so called) for the costs of (i) promoting the health, recreation, safety and welfare of the Owners; (ii) improving and maintaining any Common Area and any improvements thereon; (iii) maintaining the landscaping and wall in the Common Area; (iv) paying taxes on the Common Area and insurance in connection with the Common Area and the repair, replacement and additions thereto; (v) paying for utility services to the Common Area; (vi) trash and garbage collection and security arrangements as may be determined necessary and appropriate by the Association from time to time; (vii) paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and the management and supervision of, the Common Area; (viii) carrying out the rights and duties of the Board as set forth herein, (ix) carrying out the various matters set forth or envisioned in this Declaration or in any amendment or supplement hereto, and in the Certificate of Formation and Bylaws of the Association; and (x) for any matter or thing required by any governmental authorities in connection with any zoning, subdivision, or platting of the Property; (b) Special Assessments (herein so called) for capital improvements or unusual or emergency matters; (c) Special Individual Assessments (herein so called) levied against individual Owners for (i) extra costs for maintenance and repairs caused by the willful or negligent acts of the individual Owner and/or his guests, contractors, and agents, and not caused by ordinary wear and tear or (ii) fines levied against individual Owners for violations of rules and regulations pertaining to the Association or the Common Area or (iii) costs to correct violations of this Declaration, including costs to maintain a Lot or improvements on any Lot because the Owner thereof failed to do so. Fines levied against individual Owners for violation of these Covenants, Conditions and Restrictions shall be assessed at a twenty dollar ($20) a day fine after the owner has been given written notice and five (5) business days to cure the violation. (d) Clean Up Assessments (herein so called) levied against lots owned Class A or Class B owners to reimburse the Association for the cost of removing trash, debris, and garbage from, and otherwise to mitigate any damage to, the streets, Lots and Common Areas within the Addition due to construction activity. All cleanup assessments shall be assessed ratably against all lots owned by Class A and Class B members. Section 4.2. Creation of Lien. The Regular, Special and Special Individual Assessments, together with such late charges, interest and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such Assessment is made. Declarant and the Association hereby reserve a vendor's lien in favor of the 8 Association against each Lot to secure the payment of any Assessment which may be levied against such Lot pursuant to the terms hereof, and the expenses incurred in connection with the enforcement thereof, including, without limitation, interest at the maximum rate permitted by law, costs, and reasonable legal fees. Such lien may be enforced by non-judicial or judicial foreclosure and the amounts secured thereby shall be the obligation of and chargeable to the Owner of the Lot against which such amounts accrue. Such lien shall be and is subordinate and inferior only to the following: (i) assessments, liens and charges in favor of the State of Texas and any political subdivision thereof for taxes past due and unpaid on the Lot; and (ii) amounts due under any first lien deed of trust duly recorded prior to the recordation of any Assessment lien as provided herein. Section 4.3. Assessment Lien. (a) All Assessments against a Lot but unpaid, including interest thereon at the maximum rate permitted by law from the dat e such Assessments are due until said Assessments are paid (subject to the limitation that the interest contracted for, charged or received pursuant to this Declaration may not exceed the maximum permitted by applicable law) shall constitute a lien on such Lot superior to all other liens and encumbrances, except as provided in section 4.2. Declarant or the Board or its duly appointed agent, may (but shall not be required to) prepare a written notice setting forth the amount of such unpaid indebtedness, the name of Owner and a description of the Lot. Such notice shall be signed by Declarant or the Board or its duly appointed agent and may be recorded in the office of the County Clerk of the County. Such lien may be enforced by the foreclosure of it upon the Lot to which it pertains or the Board or its duly appointed agent by judicial or non-judicial means. In any such proceeding, the Owner shall be required to pay the costs, expenses and legal fees incurred in connection with filing the lien, and in the even t of any foreclosure proceeding, all additional costs, expenses and legal fees incurred in connection with any such foreclosure proceeding. Declarant or the Board or its duly appointed agent shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, convey or otherwise deal with the same. Any mortgagee holding a lien on the Lot may pay, but shall not be required to pay, any unpaid Assessments owing with respect to the Lot and the Association may contact any mortgagee regarding any unpaid Assessment. All liens for Assessments hereunder shall be inferior to the lien held by a First Mortgagee such that foreclosure of any First Mortgagee’s lien extinguishes the Association’s claim against the Lot which is subject to said First Mortgagee’s lien for unpaid Assessments that accrued prior to the date of foreclosure, but shall not extinguish the Association’s claim against the Owner of such Lot and does not extinguish the Association’s right to assess such Lot for Assessments after the foreclosure. Any action taken pursuant to this Section 4.3 shall only be taken after Declarant or the Association, as the case may be, first complies with Chapter 209 of the Texas Property Code, as same may be amended and in effect at the time of such action; (b) The amount of the Assessments assessed against the Lot shall also be a personal obligation or indebtedness of the Owner thereof at the time the Assessments are made. Suit to recover a money judgment for unpaid Assessments shall be maintainable without foreclosing or waiving the lien securing same; (c) Owner, by acceptance of the deed to the Property, hereby expressly vests in Declarant, the Association or its agents the right and power to bring all actions against Owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all 9 methods available for the enforcement of such liens. No Owner may waive or otherwise es cape liability for the Assessments provided herein by non-use of the Common Area or by abandonment of his Lot; (d) If any Assessment remains unpaid at the expiration of thirty (30) calendar days from and after the due date established by the Declarant and/or the Board, a late charge may be assessed, if permitted by applicable law, against the Owner for each month that any portion of an Assessment remains unpaid. The late charge shall be in the amount of One Hundred and No/100 U.S. Dollars ($100.00) for all Class A Members, and Fifty Dollars and No/100 U.S. Dollars ($50.00) for all Class B Members. A reasonable service charge in an amount established by the Board may be charged for each check that is returned because of insufficient funds. The amounts of late charges and service charges may be adjusted, from time to time, by the Board consistent with any changes in the amounts of Regular or Special Assessments; provided, however, that the amount of any late charge assessed against Class B Members shall be fifty percent (50%) of the amount of the late charge assessed against Class A Members. Any such late charges and service charges shall be secured by the same lien that secures Assessments. (e) No Assessments shall be levied against any public street. Section 4.4. Basis and Amount of Regular Maintenance Assessments. (a) Until and unless otherwise determined by the Board, the initial maximum Regular Assessment shall be Eighty and No/100 U.S. Dollars ($80.00) per Lot per week. (b) The Board may establish the maximum annual Regular Assessment for each Lot, provided that the maximum annual Regular Assessment may not be increased more than thirty percent (30%) above the maximum annual Regular Assessment for the previous year unless otherwise approved by a majority of the total votes of the Members. Section 4.5. Special Assessments for Capital Improvements. In addition to the Regular Assessments authorized above, the Association may levy in any fiscal year a Special Assessment applicable to that year only, provided that any such Special Assessment shall have the affirmative approval of a simple majority of the total votes of the Members. Section 4.6. Uniform Rate of Annual and Special Assessment. Both Regular and Special Assessments must be fixed at a uniform rate for all Lots owned by Members of the same Class. Each Lot owned by a Class A Member shall be charged with one hundred percent (100%) of the established per Lot Assessment; each Lot owned by a Class B Member shall be charged with fifty percent (50%) of the established per Lot Assessment (at the time of this Declaration, such fifty percent (50%) would amount to $40.00 per week); and Lots owned by Declarant shall not be charged with any portion of any Regular or Special Assessment. Any Regular Assessment owed by a Class B Member will be paid once per calendar quarter, by the end of such quarter. Declarant may, however, pay any shortfall in Assessments necessary to pay for the expenses shown in any budget adopted by the Board. Section 4.7. Date of Commencement of Assessments and Due Dates. The Board may prescribe from time to time that the Regular Assessments are to be collected on an annual, semi- 10 annual, quarterly or monthly basis, and accordingly, the Declarant and/or the Board shall prescribe the appropriate due dates. All Regular Assessments shall be collected in advance. The due date or dates (if it is to be paid in installments) of any other Assessments shall be fixed in the respective resolution authorizing such Assessment, including the due date of the Assessment. Section 4.8. Duties of the Board With Respect to Assessments. (a) In the event of a revision to the amount or rate of the Regular Assessment, or establishment of a Special Assessment or Special Individual Assessment, the Board shall fix the amount of the Assessment, and the applicable due dates for each Assessment, at least sixty (60) days in advance of such due date or period, and the Board shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Declarant and/or the Association. (b) Written notice of the Assessment shall thereupon be delivered or mailed to every Owner subject thereto. (c) The Association shall furnish to any Owner liable for any Assessment a certificate in writing in accordance with Section 207.003 of the Texas Property Code, as amended. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Association for the issuance of such certificate. ARTICLE V CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS Section 5.1. Residential Use. All Lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family residence per Lot and a private garage as provided below, except as permitted by the Committee (defined below in Section 6.1 of this Declaration). Except as permitted by the Committee, the residence may not exceed the maximum height and/or lot coverage percentage allowed by the City. Section 5.2. Single-Family Use. Each Residence constructed on a Lot 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 5.3. Car Garage Required. Each Residence constructed on a Lot shall have a garage suitable for parking not less than three (3) nor more than six (6) standard size automobiles, which garage conforms in design and materials with the main structure and there shall be one (1) door for each space for front facing garages. Garage doors facing a public right-of-way or adjacent subdivisions shall be behind a visual screening such as a berm, landscaping, or wing wall and not visible from a public right-of-way or adjacent subdivisions. All garage doors shall be recessed twelve (12”) inches into the opening. Unless approved otherwise by the Committee, up to two (2) garage spaces shall have a vehicular access door or opening which faces any public right-of-way 11 but they must be located a minimum of forty (40’) feet behind the front setback and forty (40’) feet behind the side setback for corner lots. Garage doors shall be closed at all times except to allow the entry and exit of vehicles and persons and except when cleaning of or storing in the garage is occurring. All driveways must be accessed from the front of the lot unless otherwise approved by the Committee. All driveways and driveway aprons or parking aprons must be kept free of any storage of vehicles or other material and must be kept clean of any dirt, debris, or stain. For purposes of this Section, “storage” shall mean the parking or placing of any object or material for more than one day, except for temporary guests that shall stay for now more than ten (10) consecutive days. All garage doors shall be wood or clad with wood. The use of wood-like materials is prohibited and garage doors with the primary material of metal, vinyl, or glass are prohibited. Section 5.4. Restrictions on Resubdivision. None of the Lots shall be subdivided into smaller lots. None of the lots shall be platted into larger lots without the prior written consent of the Committee. Section 5.5. Driveways. All driveways on a Lot shall be surfaced with concrete or similar substance approved by the Committee. No driveways shall be asphalt. Section 5.6. Uses Specifically Prohibited. (a) Except children's playhouses and sports equipment, with the exception of one basketball goal, dog houses, greenhouses, and gazebos, which may be placed on a Lot only in places which are not visible from, or are screened in a manner approved by the Committee from, areas of public open space and right-of-way, and except for buildings of storage of lawn maintenance equipment which shall be built of materials and be of architectural character compatible with the design of the original building, no temporary structure, shop, trailer or mobile home of any kind or any improvement of a temporary character is permitted on any lot. However, with the prior approval of the Committee, one tempor ary structure shall be permitted to allow the Declarant to coordinate and promote activities directly or indirectly associated with lot and house sales in the Addition, and other temporary structures for the use of Declarant or the Association are permitted with Committee approval. 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, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for more than one day within the Addition, unless completely concealed in an enclosed structure. 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) No Owner shall permit trucks with tonnage in excess of one ton to park overnight on any Street adjacent to a Lot except those used by a Builder during the construction of improvements. 12 (d) No vehicle of any size, which transports flammable or explosive cargo, may be kept on the Property or any adjoining Street at any time. (e) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted on the Property, nor shall oil wells, tan ks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying for oil or natural gas shall be erected, maintained or permitted on the Property. (f) No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property except that dogs, cats or other household pets may be kept for the purpose of providing companionship for an Owner. 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 any Lot cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks, llamas, badgers or other similar animals, and no dangerous, normally wild, animals whatsoever. It is the pet owner's responsibility to keep the Property clean and free of his or her pet’s debris and to conform with all City Ordinances and Regulations affecting animals within the City. All pets must be properly tagged for identification. The Board shall have the right to adopt, amend, and repeal rules regulating types, sizes, and behavior of animals kept within the Property. (g) No Lot or other part of the Property shall be used as a dumping ground for rubbish. 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 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. Nothing herein shall prohibit a compost area for only vegetation on a Lot provided that same is not visible from a Street, is not more than twenty square feet in area, and is subject to rules established by the Board from time to time that do not conflict with Section 202.007 of the Texas Property Code, as amended. (h) No individual water supply system shall be permitted on the Property, except as may be approved by the Committee for irrigation; provided, an Owner may install rain barrel(s) so long as any such rain barrels are not visible from any Street. (i) No individual sewage disposal systems shall be permitted on the Property. (j) 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. (k) No air-conditioning apparatus shall be installed on the ground in front of a Residence and must be located behind fencing unless approved otherwise by Committee. No air-conditioning apparatus shall be attached to any front wall or window of a Residence, or in any second floor window or wall. No evaporative cooler shall be installed on the front wall or window of a Residence. All utility meters, outdoor equipment, air-conditioning compressors, air-conditioning and heating units, sprinkler and other control devices, junction boxes, and 13 similar items must be visually screened from rights-of-way and from adjoining lots in a manner approved by the Committee and must be located in areas acceptable to the Committee. (l) It is the intent of the Committee to insure that antennas, discs, dishes or other similar equipment do not detract from the overall appearance of the neighborhood as they are considered unsightly. No antennas, discs, dishes, or other equipment for sending or receiving sound or video messages shall be permitted in this Addition except antennas for AM or FM radio reception and for UHF and VHF television reception and satellite antennas of size specifically allowed by federal law. All antennas shall be located inside the attic of the main residential structure or otherwise in locations approved by the Committee. No use shall be made of any lot or structure thereon for any other type of radio or television or similar broadcasting system. (m) No Lot or improvement thereon shall be used for business, professional, commercial or manufacturing purposes of any kind, except that an Owner may use a home office for incidental office use. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious of offensive activity shall be undertaken within the Property, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. No exterior spotlighting shall be permitted which creates a nuisance for adjacent homeowners and only Committee approved dark sky lighting shall be allowed on the exterior of the home. (n) No fence, wall, hedge 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 rem ain on any corner 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. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a Street right-of-way line with the edge of a private driveway 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. (o) Except for children's playhouses and sports equipment, doghouses, 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. All such improvements and their locations on a lot require Committee approval. Children’s play equipment such as sandboxes, temporary swimming pool having a depth of less than 24 inches, playhouses and tents shall not require approval of the Committee provided that such equipment is not more than six (6) feet high, in good repair (including painting), and every reasonable effort has been made to screen or shield such equipment from view. Equipment higher than six (6) feet shall require committee approval as to design, location, color, material, screening, and use. Any addition, exterior alteration, or change to an existing building shall be compatible with the design character of the original building. Any new detached structure shall be compatible in materials and design with other structures on the lot, as determined by the Committee. (p) No structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change 14 the direction of flow within drainage channels or which may obstruct or retard the flow of water through drainage channels or easements. (q) Unless approved otherwise by the Committee, no sign of any kind shall be displayed to the public view on any Lot except (i) one (1) professional sign of not more than five (5) square feet in size offering a Lot for sale, (ii) Committee approved uniform signs provided by the Committee used by a builder and design team to advertise property during the construction and sales period, (iii) “spirit” signs regarding school children, and (iv) political signs not more than five (5) square feet in size advocating the election of one or more political candidates or ballot item, provided that same may not be erected more than ninety (90) days in advance of the election to which they pertain and shall be removed within ten (10) days after the election . All permitted signs shall be ground-mounted and not more than three feet (3’) high. No sign of any kind or character that maligns or disparages Declarant, any Builder of a Residence within the Property, or the Property itself, or protests or complains of Declarant, any such Builder, or the Property, or the construction practices by Declarant or any such Builder, shall be displayed on any Lot or elsewhere within the Property, and any internet or electronic publication of any such complaint or protest shall be immediately removed from publication by the author thereof upon notice from Declarant. Further, no Owner may use the internet, publications or other print or broadcast media to malign or disparage the Property, the Declarant or any such Builder, it being acknowledged that any such public action creates controversy that diminishes the value of the Property and the Residences within it. 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. Nothing herein shall prohibit the erection of traffic directional signs or streets signs. No sign may be erected within the Common Area without the prior written consent of the Association. (r) Clothes lines or the outside washing or drying of clothes is prohibited. The owners and occupants of any lots at the intersections of streets or adjacent to parks, common open space or other facilities where the rear yard is visible to public view shall construct a 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. (s) Except within fireplaces in or attached to a Residence, or firepits as part of the permanent hardscaping design, and except for outdoor cooking, no outdoor burning of anything shall be permitted anywhere within the Addition without approval of the Committee. (t) No carport shall be permitted on a lot. (u) No abandoned, derelict or inoperative vehicles may be stored or located on any lot unless approved by the Committee and stored in the garage at all times with the garage door closed. (v) No retaining walls visible from any public right-of-way or easement shall be permitted without the prior written approval of the Committee. Under no circumstances shall wooden retaining walls be permitted without the approval of the Committee. Materials used in retaining walls must be complementary to materials used in construction of the home on the lot when attached to a structure, as determined by the Committee. All aspects of retaining walls 15 must receive Committee approval. Retaining wall not connected to a structure will be of matching material used in the Addition perimeter walls. Section 5.7. Minimum Floor Area. The total air-conditioned living area of a Residence built on a Lot, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be not less than four thousand three hundred (4,300) square feet. The first story of two-story houses must contain at least two thousand three hundred (2,300) square feet, unless approved otherwise by the Committee. Lot 29 shall be limited to a single-story structure. Section 5.8. Structure Materials: Exterior Items and Surfaces. Unless approved by the Committee, the dominant exterior vertical wall area of each structure, exclusive of doors and windows, shall be masonry (brick, stone, or stucco over CMU block) or other material solely determined by the Committee. No more than 20% of the exterior vertical wall to be authentic lath and stucco application over wood framing. Dryvit systems or Styrofoam products are not acceptable. The exterior of chimney flues shall be of masonry material acceptable to the Committee. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mailboxes, roofing materials and exterior paint or stain, shall be subject to the approval of the Committee as to size, design, materials color, manufacturer and location. Roofing material of each home shall be that specifically approved by the Committee for that home and consist of slate, flat tile, barrel tile, standing seam metal, or copper. The use of composition shingles or wood shingles is prohibited. Windows must be wood clad, steel or bronze and submitted for review of Committee approval. Window mullions that are appropriate for the selected architectural style are required and shall be approved by the Committee. Section 5.9. Side Line and Front Line Setback Restrictions. Except as otherwise approved by the Committee, no structure shall be located on any Lot nearer to the front Lot line or nearer to the side Street line than the minimum building set back lines shown on the Plat or required by any applicable governmental authority. Section 5.10. Waiver of Setback Requirement. With the prior written approval of the Committee, any structure may be located further back or closer to any property line of a lot than provided above, where, in the opinion of the Committee, the proposed location of the structure will not substantially detract from the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots. The Committee may require that any structure be located further back or closer to any property line than provided above or on the Plat. Section 5.11. Fences and Walls. (a) Any fence or wall shall (i) comply with City requirements, including those regarding height, location and materials; (ii) not extend nearer to the front street than five (5’) feet behind the front of the house without the prior approval of the Committee; (iii) be constructed according to architectural design, materials, finish and methods, including site installation, approved by the Committee; (iv) be constructed so that the sides containing the structural supports are not visible from any public right-of-way unless approved by the Committee; (v) be not less than six (6’) feet in height or more than eight (8’) feet in height as measured from existing ground 16 level unless approved by the Committee; (vi) for any fence on the side of a corner lot adjacent to a street, be behind the setback line of such lot, unless otherwise approved by the Committee; on corner lots, special, more restrictive fencing requirements may be imposed by the Committee on the lot side facing the street; (vii) be finished strictly as approved by the Committee. Fences may be privately installed but must be constructed to professional levels of quality approved by the Committee. The design, specifications and contractors for building fences may be specified by the Committee. (b) As to corner lots, any fence visible from a public right-of-way shall be uniform fence of a design, material and color and in the specific location to be determined by the Committee for each lot, which shall generally include but not be limited to the following: (i) the location between the structure and the side street property line of such fence; (ii) how close the fence may be built to the street the lot fronts on; (iii) whether a formal foundation planting along the outside of the fence is required; (iv) whether such fence shall be constru cted of metal and masonry or similar material, have metal posts, and masonry columns constructed of a material required by the Committee; (v) the height of such fence; and (vi) other design criteria of such fence. (c) The Committee may require that some or all retaining walls in the Addition be constructed of a uniform color, material and/or design for walls attached to a structure. (d) The use of double fencing shall be prohibited. The screening for such a fence shall be landscaping. Wood, plastic and chain link fences are prohibited. Section 5.12 Sidewalks. All sidewalks shall, at a minimum, conform to City specifications and regulations. The Committee may impose more restrictive standards than those required by the City. Section 5.13 Mailboxes and Address Plaques. Mailboxes, mailbox stanchions, and address plaques shall be constructed in accordance with material, color and design standards approved by the Committee, made by contractors specified by the Committee, and placed only in locations approved by the Committee. Mailboxes, mailbox stanchions, and address plaques may not be constructed or installed without prior written consent of the Committee. Each Lot shall have one Committee-approved standard mailbox unless one mailbox is prohibited by the United States Postal Service, in which case, a common mail facility shall be created. Section 5.14 Commencement of Construction. Each residence constructed on each lot, and any other improvements thereto, shall be commenced within six (6) months after conveyance of the lot by Declarant and completed with due diligence but only after approval by the Committee of the plans and specifications prepared in connection with such construction. Section 5.15. Utilities. Except as to special street lighting or other aerial facilities which may be required by the City or which my be required by the franchise of any utility company or which may be installed by Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, transformers and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed in the Addition whether upon individual lots, easements, streets or rights-of-way of any type, either by the utility company or any other person or entity, including, but not limited to, any person 17 owning or acquiring any part of the Addition, and all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by a public utility or unless said aerial utilities are approved by the Committee. Section 5.16. Fire Suppression System. All residences in the subdivision shall be required to have fire suppression system regardless of size or location. Section 5.17. Perimeter Landscaping Maintenance and Replacement. Any landscaping in the perimeter landscape easements, as required by the City for zoning approval, shall not be removed by the homeowners or the Association, and shall be promptly replaced by either party if it becomes diseased or dies, allowing for appropriate seasonal considerations. ARTICLE VI ARCHITECTURAL CONTROL Section 6.1. Appointment. Declarant shall designate and appoint an Architectural Control Committee (herein called the "Committee") composed of three (3) individuals, each generally familiar with residential and community development design matters and knowledgeable about Declarant’s concern for a high level of taste, design, materials, construction, and landscaping standards in the Addition. The Committee shall be the sole determinant to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Property consistent with this Declaration. The initial Committee shall be the initial Directors of the Association. Section 6.2. Successors. Until the end of the Development Period, in the event of the death, resignation or removal by Declarant of any member of the Committee, the Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to receive compensation for, or be liable for claims, causes of action or damages arising out of, services performed pursuant to this Declaration. After expiration of the Development Period, the Board shall appoint the Committee and shall determine the term length and rotation for Committee members Section 6.3. Authority. No structure, fence, wall, landscaping (including tree removal, exterior lighting, sculptures, statues, fountains, and other outdoor art, and outdoor recreational equipment), lot grading, flatwork (sidewalks, driveways, porches), or other improvements shall be commenced, erected, placed, maintained or altered on any Lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items or the color, material or texture of any exterior of same, be made until all plans and specifications for same and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: (i) Proper facing of main elevation with respect to the Streets and side elevation for corner lots; (ii) conformity and harmony of: the external design, color, type and appearance of exterior surfaces for all primary and detached structures; placement of the built elements upon the lot; and landscaping in relation to the various parts of the proposed 18 improvements and in relation to improvements on other Lots in the Addition and in adjacent neighborhoods; and (iii) location with respect to topography and finished grade elevation and effect of location and use on Adjoining Lots, improvements and drainage arrangements; and (iv) the other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee had been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered, but not obligated, to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or positively 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. No member of the Committee shall be liable for any decision made by the Committee in good faith. Section 6.4. Procedure for Approval. Final plans and specifications and landscaping plans shall be submitted in triplicate to the Committee along with a nonrefundable submittal fee of three thousand five hundred dollars ($3,500.00). The plans and specifications shall show the nature, kind, shape, height, color, materials and location of all structures, landscaping and improvements, and such other information as may be required by the Committee. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this Declaration. Any incomplete submittals will require a resubmittal fee. The Committee will require the submission of samples of proposed construction materials. At such time as the plans and specifications meet the approval of the Committee, two complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member of the Committee and returned to the Owner or his designated representative. No verbal approval by any member of the Committee shall be binding on the Committee. If disapproved by the Committee, one set of such plans and specifications 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 member of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. A resubmittal fee may be required, at the Committee’s discretion. The Committee's approval or disapproval, as required herein, shall be in writing. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of all required plans and specifications, 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 plan shall have the burden of establishing when and if the Committee received the plans. The Committee’s receipt of the plans, specifications and samples may be established by a signed certified mail receipt or by other receipt signed by a Committee representative. Approval of plans by any governmental authority shall not obviate the need to obtain the approval by the Committee hereunder. 19 Section 6.5. Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures, materials, colors or appearances from being built in the Addition and to promote excellence in architecture, materials, construction and landscaping. For this purpose, the materials, construction, and landscaping, including but not limited to, that chimney flues be covered with brick or masonry, that chimney caps be approved by the Committee, that non-chimney roof ventilation be hidden from view from rights-of-way and common areas, that specific types of divided light windows be used, restricting the placement of skylights, solar heating panels, and prefabricated fireplace boxes, chimney flues and caps, requiring certain types of front and side window treatments (shutters, etc.) complementary to the architecture of the house, requiring windows to be recessed a minimum of 4” into the wall and generally requiring that plans submitted for approval meet or exceed the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate architecture, materials, construction, and landscape standards and requirements from improvements in Oak Alley (“The Oak Alley Standards”), which shall carry forward the spirit and intention of this Declaration and of Declarant with respect to improvements in Oak Alley. The Oak Alley Standards shall include Approved Architectural Materials, Approved Landscaping, and the Submittal and Review Process. Committee approvals and requirements may be based all or in part upon these Standards. ALL IMPROVEMENTS MUST STRICTLY ADHERE TO COMMITTEE APPROVALS AND BE BUILT STRICTLY IN OBSERVANCE OF SCALE OF APPROVED DRAWINGS. Section 6.6. Construction Review. The Committee shall review and approve in writing, construction for the following: (i) foundation pre-pour; (ii) mock wall matching approved materials; (iii) framing review matches approved design; (iv) installed exterior material review matches approved design; and, (v) installed landscape. In the event that i, iii, or iv is not approved on the initial inspection, the Committee may charge a fee of $200 an hour for additional follow up reviews. See attached Exhibit “D” for additional detail on the Oak Alley Construction Review Process. ARTICLE VII SPECIAL FENCING AND LANDSCAPING AND GRADING PLAN Section 7.1. Fences, Grading Plan, Walls and Sprinkler Systems. After the recording of this document, Declarant, and the Association if it has been formed according to this Declaration, shall have the right to erect, install, maintain, repair and/or replace fences, walls and/or sprinkler systems within those portions of any lot which are located outside the building, setback or sight lines, including all public right-of-way and easements located on or contiguous to any lot, as established by the Plat, this document or any governmental entity (being referred to herein as the “Restricted Area”). Any fence, wall or sprinkler system shall be the property of the o wner of the lot on which such fence, wall or sprinkler system is erected or installed, subject to the easements and rights of Declarant and the Association set forth in this document. 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, the Committee and the Association. Section 7.2. Landscaping. Except for landscaping by Declarant, no landscaping may be installed without the prior written approval by t he Committee of a landscape plan showing the 20 proposed landscape design, plant and other materials, irrigation layout and other details, and describing bed preparation, planting details, fencing, edging, exterior lighting, and other matters required by the Committee. Declarant or the Association shall have the right to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landscaping on any portion of the Restricted Area. In the event Declarant does not landscape the Restricted Area, the owner thereof may plat grass and, with the prior written consent of Declarant, may landscape and plant trees and shrubs in the Restricted Area. Each lot on which a structure is constructed shall have landscaping, including, but not limited to, shrubs, flowers, trees, ground cover and grass, of a sufficient quality, quantity and design to be compatible with landscaping on adjoining lots and the neighborhood setting intended for the Addition. Landscaping of a lot, which must include a sprinkler system for the front yard (and on corner lots, sprinkler systems for sideyards visible from any public right-of-way), shall be completed within thirty (30) days after the date on which the house receives a Certificate of Occupancy from the City. All sprinkler systems shall have a rain sensor so that the sprinklers shut off in the event of rain. Lot owner shall use reasonable efforts to preserve, keep and maintain the landscaping in a healthy and attractive condition. No wooden retaining walls shall be permitted. The Committee may require the owner of any lot to plant and maintain as many as four (4) trees and possibly more for corner lots, and approved by Committee as to location and type of tree. Any such tree(s) shall, if required by t he Committee, be replaced by the lot owner if said tree(s) does not survive. The Committee will limit tree, shrubbery, ground cover, grass, edging, flowers, and other materials for use in front and sideyard landscaping to those items which it lists from time to time in the Oak Alley Standards of the Addition. Tree type may be selected by the Committee. Section 7.3 Easement. The Declarant, the Association and the Committee each shall have, and hereby reserve, the right and easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth in this Declaration. Section 7.4 Maintenance by Individual Lot Owner. In the event the Declarant, the Association or the Committee does not maintain or repair any fences, wa lls, grading, planting or landscaping erected, installed or situated within the Restricted Area of any lot, then the owner of such lot shall, at their expense, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in good and neat condition and appearance; provided, however, that the lot owner shall give the Committee and the Association 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 the Committee and the Association, the owner of such lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of the Committee and the Association. Section 7.5 The Committee’s Discretion. Notwithstanding any provisions herein to the contrary, neither Declarant, the Association, nor the Committee shall ever be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any lots. Section 7.6 Grading Plan. Unless otherwise approved by the Committee, the owner of each lot shall strictly adhere to the lot grading plan attached hereto as Exhibit “E” (the 21 “Grading Plan”) and shall have an affirmative obligation to maintain the Grading Plan in all respects. The owner hereby covenants and agrees to strictly adhere to the following obligations: (a) The owner of each lot shall maintain drainage flows as shown on the Grading Plan and keep properly graded any channel or swale (i) which is located on the lot prior to the conveyance of the lot to the lot owner or (ii) required for compliance with the Grading Plan. The owner of each lot shall keep any such channel or swale free and clear at all times of debris and keep grass therein mowed to a height not to exceed two inches; (b) The owner of each lot shall build any side or rear lot line fence approved by the Committee that extends across a channel or swale so that no more than 50% of the swale width is closed by fence material. For purposes of this section, “channel width” and “swale width” shall be defined as that cross-section triangular area which is formed by the walls of the fifty percent (50%) or more of the swale or channel width shall be left open, as required by the Engineering Department of the City of Colleyville and the Committee. This specification can be achieved by alternating fence slats with open gaps where the fence protrudes into the channel width or swale width. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Registration with the Association. Each and every Owner shall have an affirmative duty and obligation to provide, within fifteen (15) days after such Owner acquires one or more Lots, and thereafter revise and update, within fifteen (15) days after a material change has occurred, various items of information to the Association such as: (a) the full name, address and email address of the Owner; (b) the full name of each individual family member who resides within the Residence of the Owner; (c) the business address, occupation and telephone numbers of each Owner; (d) the description and license plate number of each automobile owned or used by Owner and brought within the Property; and (e) such other information as may be reasonably requested from time to time by the Association. Section 8.2. Activation. At or before the earlier of the expiration of the Development Period, or the election of a Board of Directors by the Members other than the Class C Member, Declarant shall transfer control to the Association over any utilities related to the Common Area. Section 8.3. Easements. Easements areas for the installation and maintenance of utilities, landscape and drainage facilities are reserved as shown on the Plat. 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 in and additions to the above easements for the purpose of most efficiently and economically installing improvements. Section 8.4. 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 Property, whether specifically referred to therein or not. 22 Section 8.5. Lot Maintenance. The Owner and occupant of each Lot shall maintain the yard on his Lot in a sanitary and attractive manner and shall edge the street curbs that run along the property line. Grass, weeds and vegetation 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 Owners shall permit weeds or grass to grow to a height of greater than six inches (6") upon his Lot. In addition, each Owner shall maintain the area between his Lot and the adjoining Street in a neat and attractive manner. Notwithstanding the foregoing, no Owner shall be required to maintain the landscaping or masonry wall located within the Common Area. Section 8.6. Maintenance of Improvements. Subject to the provisions contained herein, each 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, down spouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improvements to deteriorate in an unattractive manner. Section 8.7. Mortgages. No breach of the covenants, conditions and restrictions contained herein shall in any way defeat or render invalid the lien of any mortgage or deed of trust. These covenants, conditions and restrictions shall survive any foreclosure, trustee's sale or otherwise, and be binding upon any person acquiring any Lot by reason of any foreclosure, trustee's sale or otherwise. With respect to any First Mortgagee of which the Association has received written notice, the Association shall, in the event of any breach hereof by the Owner of the property covered by such lien, give such mortgagee or holder written notice of the breach and thirty (30) days time to cure. In dealing with the Association, a First Mortgagee may be represented by a servicer or agent. An action to terminate this Declaration must be approved by the First Mortgagees holding mortgages on two-thirds of the Lots. A First Mortgagee may inspect the books and records of the Association upon written notice to the Association. A First Mortgagee may prepare an audited financial statement of the Association’s books and records at its own expense. If this Declaration or applicable law ever requires the consent of mortgagees for an act, amendment or other decision, then the approval of a mortgagee shall be conclusively presumed if the mortgagee fails to respond within sixty (60) days after receiving the Association’s written request for approval. Section 8.8. Development Period. During the Development Period, subject to the requirements of the approved zoning for the project, Declarant reserves all rights and privileges described in section 209.002 (4-a) of the Texas Property Code, including, specifically, the right to: a. add or withdraw real estate from the purview of this Declaration and the Association; b. amend the Declaration acting alone; c. appoint the Board of Directors; d. appoint the members of the Committee; e. use one or more Lots for model home(s), and consent to the use of Lots by other Builders as model home(s), which may include offices and storage areas; 23 f. install, and permit Builders to install, signs, lighting, decorative items and other promotional items on the Lots and to have and sponsor marketing events at the Lots; g. petition the city to allow for a change in Lot size or configuration and revise any plat of any Lots; h. resolve any conflicts within this Declaration or between this Declaration and any other documents attached hereto. All decisions regarding any of the foregoing may be made by Declarant at its discretion. Declarant may voluntarily terminate the Development Period at any time by signing and acknowledging a notice so stating that is recorded in the Real Property Records of the County. The Development Period shall continue even if Declarant no longer owns any portion of the Property. Section 8.9. Term. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of twenty (20) years after this Declaration is recorded. They shall be automatically extended for successive periods of ten (10) years unless terminated by an instrument approved by a majority of the votes of the Owners in writing and recorded in the deed records of the county where the Property is situated. Section 8.10. 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 full force and effect. Section 8.11. Binding 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 Property, it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except l and in the Property. This instrument, when executed, shall be filed of record in the deed records of the Tarrant County, Texas, so that each and every Owner is on notice of the conditions, covenants, restrictions and agreements herein contained. Section 8.12. Enforcement. The Owner of any Lot shall have the right to have each and all of the foregoing restrictions, conditions and covenants faithfully carried out and imposed upon every other Lot. So long as the Association shall remain in existence, each Owner grants to the Association the right to enforce the performance of all terms and conditions in this Declaration, by injunction or other appropriate remedy, at law or in equity. Should the Association or any Owner employ counsel to enforce or defend any of the restrictions, conditions and covenants herein contained, the prevailing party in any litigation shall be entitled to receive from the losing party all costs incurred in such enforcement or defense, including reasonable attorneys' fees. Failure by the Association, or 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. Any decision to enforce this Declaration by the Board shall be at the Board’s discretion, it being acknowledged 24 that the Board may choose not to pursue enforcement for any of a variety of reasons, including, but not limited to, lack of materiality of the violation, the cost of enforcement, inconsistency with applicable law, etc. If an Owner fails to maintain his Lot in accordance with Sections 6.5 and 6.6, then the Association may do so and the costs thereof shall be a Special Individual Assessment. Section 8.13. Other Authorities. If other authorities, such as Tarrant County or any city having jurisdiction over the Property, impose more demanding, expensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Said authorities' imposition of lesser requirements than those set forth herein shall not supersede or diminish the requirements herein. Section 8.14. Addresses. Any notices or correspondence to an Owner shall be sent to the street address of the Lot or email address of the Owner. Any notice or correspondence to the Association or Committee shall be addressed to the address shown beneath the signature of Declarant below or to such other address as is specified by the Association or Committee pursuant to an instrument recorded in the Real Property Records of the County. Section 8.15. Amendments. This Declaration may be amended with the consent of sixty- seven percent (67%) or more of the outstanding votes of the Association. For any such amendment by the Owners, the Board shall prescribe a method for soliciting votes of the Owners that gives each Owner the exact wording of the proposed amendment and the opportunity to vote for or against same. If the proposed amendment is passed, then a written document describing this Declaration, the amendment, and referencing the Property shall be signed and acknowledged by an officer of the Association and duly recorded in the real property records of the County. For a period of five years after the recording of this document, Declarant and/or the Association, if it has been formed, shall give the City notice of any Amendments to this Declaration. Section 8.16. Assignment. Declarant may assign its rights and obligations under this Declaration to any party which assumes such rights and obligations in writing. To be effective, such an assignment must be signed by Declarant and such assignee, with signatures acknowledged, and recorded in the real property records of the Tarrant County, Texas. Section 8.17 Statute Reference. Any reference to any statute in this Declaration shall be to the statute so named, as same may be subsequently amended and/or restated. Section 8.18 Soil Movement. Each Owner acknowledges that the failure or excessive movement of any foundation of any Residence within the Property can result in the diminished value and desirability of the entire Property. Each Owner agrees and understands that the maintenance of the moisture content and the soils on each Lot is necessary to preserve the structural integrity of each Residence built within the Property. Each Owner also acknowledges that the long-term value and desirability of the Property is contingent upon each Owner maintaining its Residence so that no structural failure or excessive soil movement occurs within such Owner’s Lot. EACH OWNER IS HEREBY NOTIFIED THAT THE SOIL COMPOSITION IN NORTH TEXAS IN GENERAL AND THE PROPERTY IN PARTICULAR AND THE CONDITION OF THE LOTS MAY RESULT IN THE SWELLIING AND/OR CONTRACTION OF THE SOIL 25 IN AND AROUND THE LOT IF THE OWNER OF THE LOT DOES NOT EXERCISE THE PROPER CARE AND MAINTENANCE OF THE SOIL NECESSARY TO PREVENT SOIL MOVEMENT. If the Owner fails to exercise the necessary precautions, then damage, settlement, movement or upheaval to the foundation and structural failure may occur. Owners are highly encouraged to install and maintain proper irrigation around their Residence or take such other measures to ensure even, proportional, and prudent watering around the foundation of their Residence. By each Owner’s acceptance of a deed to any Lot, each Owner, on behalf of itself and its representatives, successors and assigns, hereby acknowledges that Declarant and any Builder in the Property shall not be liable for, and Owner shall assume all risk and consequences of, any damage, settlement, movement or upheaval to the foundation, structural failure, or any damage to any other part of their Residence caused by such Owner’s failure to exercise proper care and maintenance of the soil necessary to prevent soil movement, and hereby releases and forever discharges, all Builders of Residences within the Property and Declarant and their respective shareholders, members, officers, directors, partners, employees, agents, representatives, affiliates, attorneys, successors and assigns, of and from any and all claim for the relief and causes of actions, liabilities, damages and claims whatsoever, known or unknown, direct or indirect, arising from or relating to Owner’s failure to exercise proper care and maintenance of the soil required to prevent soil movement, including but not limited to, any damage caused by or related in any fashion to the failure or improper or uneven watering of the Lot, planting of improper vegetation near the foundation or any action by any Owner that affects the drainage of any Lot. EXECUTED AS OF THE ______ DAY OF ____________, 2018. Declarant Company, LLC By: ____________________________ Name Its: Manager STATE OF TEXAS ) COUNTY OF ____________ ) THIS INSTRUMENT was acknowledged before me on _______________, 2018, Declarant Name, Manager of Declarant Company, LLC, a Texas limited liability company, on behalf of said company. _________________________ Notary Public, State of Texas 26 Exhibit A (Legal Description of the Property) 27 Exhibit B (Certificate of Formation of the Association) 28 Exhibit C (Bylaws of the Association) 29 Exhibit D (Oak Alley Construction Review Process) 30 Exhibit E (Grading Plan) Oa k A l l e y S u b m i t t a l a n d R e v i e w P r o c e s s Oa k A l l e y S u b m i t t a l P r o c e s s 10/8/18 No N o No Y e s Ye s Ye s F F i n a l R e v i e w o f A r c h i t e c t u r a l D r a w i n g s a n d P r e l i m i n a r y R e v i e w o f L a n d s c a p e D e s i g n De l i v e r t o S a l e s C e n t e r Ar c h i t e c t u r a l D r a w i n g s : Th r e e s e t s 3 0 x 4 2 Di g i t a l P D F s Su b m i t t a l Co m p l e t e ? Re s u b m i t t a l w i l l re q u i r e a n a d d e d $5 0 0 f e e P r e l i m i n a r y R e v i e w o f A r c h i t e c t u r a l D r a w i n g s Su r v e y w i t h Tr e e l o c a t i o n & s p e c i e s Ar c h i t e c t u r a l D r a w i n g s : Th r e e s e t s 3 0 x 4 2 Di g i t a l P D F s Ar c h i t e c t u r e M o d e l : P h y s i c a l o r D i g i t a l De s i g n In t e n t Su r v e y Re v i e w Fe e $3 5 0 0 Ex t e r i o r M a t e r i a l S a m p l e s an d F i x t u r e i n f o r m a t i o n De l i v e r t o S a l e s C e n t e r Re c e i v e Co m m i t t e e F i n a l S u b m i t t a l Co m m e n t s Re c e i v e Co m m i t t e e Pr e l i m . S u b m i t t a l Co m m e n t s Su b m i t t a l Co m p l e t e ? F i n a l R e v i e w o f L a n d s c a p e D e s i g n Dr a i n a g e Af 8 davit Ha r d s c a p e & S o f t s c a p e D r a w i n g s : Th r e e s e t s 3 0 x 4 2 Di g i t a l P D F s Ha r d s c a p e M a t e r i a l S a m p l e s an d P l a n t t y p e s Bo a r d R e v i e w M e e t i n g : Ar c h i t e c t & B u i l d e r ( H o m e o w n e r at t e n d a n c e o p t i o n a l ) Re s u b m i t w i t h re q u i r e d i n f o r m a t i o n Bo a r d R e v i e w M e e t i n g : Ar c h i t e c t & B u i l d e r ( H o m e o w n e r at t e n d a n c e o p t i o n a l ) De l i v e r t o S a l e s C e n t e r Resubmittal will require an added $500 fee Su b m i t t a l Co m p l e t e ? Bo a r d R e v i e w M e e t i n g : B u i l d e r & La n d s c a p e ( H o m e o w n e r at t e n d a n c e o p t i o n a l ) Re c e i v e Co m m i t t e e Ap p r o v a l L e t t e r Pr e l i m i n a r y S u b m i t t a l : S u r v e y , Re v i e w F e e , S c h e m a t i c F r o n t El e v , F l o o r P l a n s / R o o f P l a n an d S i t e P l a n @ 1/ 8 " s c a l e Fi n a l S u b m i t t a l : S i t e P l a n , G r a d i n g P l a n , El e v a t i o n s , F l o o r P l a n , R o o f w p e n e t r a t i o n s , E x t De t a i l s ( i n c l . W i n d o w J / H / S , E a v e s & S o f f i t s , Ga b l e R e t u r n s , C a s t S t o n e p r o f i l e s ) L a n d s c a p e Pr e l i m P l a n & E n g . F o u n d a t i o n @ 1 / 8 " S c a l e Sa m p l e s : M a s o n r y / S t u c c o , Ro o f , G u t t e r , T r i m m a t e r i a l . Fr o n t E n t r y D o o r a n d Wi n d o w m a n u f a c t u r e r a n d ty p e / c o l o r Fi n a l L a n d s c a p e : D r a i n a g e Af f i d a v i t , H a r d s c a p e a n d La n d s c a p e p l a n Samples: Hardscape materials, finish, color, fence materials, finish and color Su b m i t t a l a n d R e v i e w P r o c e s s ) ! " ( ' ( ) + ( ) - ( ) + ( ) - ( ) + ( ) - ( ) ( ) ( ) - ( ) + ( ) , ( ) , $ ! " ! ( ) $ " ! ( ) $ " ()$ ! " ! " ! " (* )'# +'# ()# (,# ( . $ , $ ( . $ ( ) $ ! " ( ) $ * ' $ ! " ( . $ Ar c h i t e c t u r a l P l a n ! ! % % ! ! ! ! ! ! ! ! ! % % ! % % ! ! ! ! ! ! ! ! ! ! ! " # ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! % % ! ! ! % % ! ! ! ! % % ! ! ! ! ! ! % % ! ! ! ! ! ! % % ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! % % ! ! ! ! ! ! ! ! ! ! ! % % ! % ! ! ! ! ! ! ! ! ! % % ! ! ! % % ! " # % % ! % % ! ! % % ! % % ! % % ! ! % % ! % % ! ! ! ! % % ! % % ! ! ! ! ! ! ! ! ! ! ! ! % ! % % ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! $ La n d s c a p e P l a n JOH N MC C AIN ROAD C A L D W E L L C R E E K D R I V E P E B B L E H I L L D R I V E B E L L E M E A D E D R I V E H O L L Y L A N E HIX C O U R T R O S E B R O O K P E T E R S P A T H S H A L I M A R C O U R T S H E P H E R D S G L E N T R I A N O N C O U R T E V A N S R O A D C E D A R C O U R T BELLEFONTE LANE Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-019 K1312 John McCain Rd & 7309 Holly Ln N Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address MOON, KENNETH W 1305 BELLEFONTE LN COLLEYVILLE, TX 76034 1305 BELLEFONTE LN COLE, HENRY TR 7206 BELLE MEADE DR COLLEYVILLE, TX 76034 7206 BELLE MEADE DR PEARCE, CHARLES A 7212 HOLLY LN COLLEYVILLE, TX 76034 7212 HOLLY LN N WANG, JEFFREY 1307 BELLEFONTE LN COLLEYVILLE, TX 76034 1307 BELLEFONTE LN WARREN, MARK 7207 BELLE MEADE DR COLLEYVILLE, TX 76034 7207 BELLE MEADE DR KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD ALLEN, MARK C 7305 TRIANON CT COLLEYVILLE, TX 76034 7305 TRIANON CT FEGAN, DENNIS J 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 1303 BELLEFONTE LN BRUNKEN, JOHN 7204 BELLE MEADE DR COLLEYVILLE, TX 76034 7204 BELLE MEADE DR MEANS, BRADLEY W 7007 WHIPPOORWILL CT COLLEYVILLE, TX 76034 7007 WHIPPOORWILL CT FROHM, ROBERT M 7008 ORCHARD HILL CT COLLEYVILLE, TX 76034 7008 ORCHARD HILL CT ALEXANDER, CHARLES 7009 SHEPHERDS GLN COLLEYVILLE, TX 76034 7009 SHEPHERDS GLEN TANGLEWOOOD ESTATES HOA 7321 TRIANON CT COLLEYVILLE, TX 76034 7107 TRIANON CT UPHAM, CLIFTON 1204 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1204 JOHN MCCAIN RD SAYRE, LARRY W 7300 BELLE MEADE DR COLLEYVILLE, TX 76034 7300 BELLE MEADE DR AFKAMI, NARGES 7203 BELLE MEADE DR COLLEYVILLE, TX 76034 7203 BELLE MEADE DR KOCUREK, KATHRYN 7007 ORCHARD HILL CT COLLEYVILLE, TX 76034 7007 ORCHARD HILL CT GOLDSTEIN, JAY L 7011 SHEPHERDS GLN COLLEYVILLE, TX 76034 7011 SHEPHERDS GLEN DEFEO, RONALD J 7008 WHIPPOORWILL CT COLLEYVILLE, TX 76034 7008 WHIPPOORWILL CT FONVILLE, EARL R 1403 BELLEFONTE LN COLLEYVILLE, TX 76034 1403 BELLEFONTE LN ALJOE, MICHAEL C 7006 WHIPPOORWILL CT COLLEYVILLE, TX 76034 7006 WHIPPOORWILL CT KLOEBER, MATTHEW A 7005 WHIPPOORWILL CT COLLEYVILLE, TX 76034 7005 WHIPPOORWILL CT LINK, SCOTT A 7009 ORCHARD HILL CT COLLEYVILLE, TX 76034 7009 ORCHARD HILL CT ALLEN, PATRICK 7005 LISMORE CT COLLEYVILLE, TX 76034 7005 LISMORE CT HEFLIN, JUD 1407 BELLEFONTE LN COLLEYVILLE, TX 76034 1407 BELLEFONTE LN BHAYANI, NIKHIL 1206 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1206 JOHN MCCAIN RD NOVOTNY, DAVID L 1501 BELLEFONTE LN COLLEYVILLE, TX 76034 1501 BELLEFONTE LN GREEN, LINDA K 7205 BELLE MEADE DR COLLEYVILLE, TX 76034 7205 BELLE MEADE DR TANGLEWOOD ESTATES HOA 7321 TRIANON CT COLLEYVILLE, TX 76034 7101 JOHN MCCAIN RD LEHMAN, KEVIN 7006 LISMORE CT COLLEYVILLE, TX 76034 7006 LISMORE CT JANOSKY, JANE AMBER 7008 LISMORE CT COLLEYVILLE, TX 76034 7008 LISMORE CT HUFFMAN, JERRY M 7309 TRIANON CT COLLEYVILLE, TX 76034 7309 TRIANON CT WEIR, JOE D 7012 SHEPHERDS GLN COLLEYVILLE, TX 76034 7012 SHEPHERDS GLEN TANGLEWOOD ESTATES MAINTENANCE 7321 TRIANON CT COLLEYVILLE, TX 76034 7300 TRIANON CT DAVIDSON, RICHARD 7304 HIX CT COLLEYVILLE, TX 76034 7304 HIX CT REISLING, MAX G 7007 LISMORE CT COLLEYVILLE, TX 76034 7007 LISMORE CT MARSHALL, ERIC J 1503 BELLEFONTE LN COLLEYVILLE, TX 76034 1503 BELLEFONTE LN FLEMING, BRYAN A 7312 HIX CT COLLEYVILLE, TX 76034 7312 HIX CT 1216 HOLLY LN N JOHNSON, BRENT JOSEPH 7209 BELLE MEADE DR COLLEYVILLE, TX 76034 7209 BELLE MEADE DR ST CLAIR, DAVID J 1401 BELLEFONTE LN COLLEYVILLE, TX 76034 1401 BELLEFONTE LN TANGLEWOOD ESTATES MAINTENANCE 7321 TRIANON CT COLLEYVILLE, TX 76034 7215 TRIANON CT EUBANKS, JOHN T 7009 LISMORE CT COLLEYVILLE, TX 76034 7009 LISMORE CT TANGLEWOOD ESTATES MAINTENANCE 7321 TRIANON CT COLLEYVILLE, TX 76034 7217 TRIANON CT CHARLES AND CONNIE MADY REVOCA 7301 TRIANON CT COLLEYVILLE, TX 76034 7301 TRIANON CT THERRIEN, CHRISTOPHER 7013 SHEPHERDS GLN COLLEYVILLE, TX 76034 7013 SHEPHERDS GLEN STOKES, RICKY L 7303 BELLE MEADE DR COLLEYVILLE, TX 76034 7303 BELLE MEADE DR HAMILTON, ROBERT A 7306 BELLE MEADE DR COLLEYVILLE, TX 76034 7306 BELLE MEADE DR PITZELE, BRAD 7106 BELLE MEADE DR COLLEYVILLE, TX 76034 7106 BELLE MEADE DR BOTIK, DON 7208 TRIANON CT COLLEYVILLE, TX 76034 7208 TRIANON CT SPENCER, MARC 1309 BELLEFONTE LN COLLEYVILLE, TX 76034 1309 BELLEFONTE LN SCHON REVOCABLE TRUST 7004 GLADWYNE CT COLLEYVILLE, TX 76034 7004 GLADWYNE CT COLLINS, BURK 1840 NORWOOD PLZ STE 101 HURST, TX 76054 7309 HOLLY LN N VENNEMEYER, MICHAEL 7212 TRIANON CT COLLEYVILLE, TX 76034 7212 TRIANON CT PALLUTH, EDWARD 1212 HOLLY LN COLLEYVILLE, TX 76034 1212 HOLLY LN N HITSCHMANN, ASHLEIGH 1405 BELLEFONTE LN COLLEYVILLE, TX 76034 1405 BELLEFONTE LN PURDY, DONALD 7009 WHIPPOORWILL CT COLLEYVILLE, TX 76034 7009 WHIPPOORWILL CT PISTOR, ELISE A 7200 HOLLY LN COLLEYVILLE, TX 76034 7200 HOLLY LN N DELAHOZ, ALFONSO 7005 GLADWYNE CT COLLEYVILLE, TX 76034 7005 GLADWYNE CT QUAID CHRISTINE LIVING TRUST 7208 BELLE MEADE DR COLLEYVILLE, TX 76034 7208 BELLE MEADE DR SALEH, MEDHAT M 1409 BELLEFONTE LN COLLEYVILLE, TX 76034 1409 BELLEFONTE LN CONROY, MICHAEL R 7010 ORCHARD HILL CT COLLEYVILLE, TX 76034 7010 ORCHARD HILL CT RIGNEY, THOMAS 7308 HIX CT COLLEYVILLE, TX 76034 7308 HIX CT NAULT, MICHAEL J 7304 BELLE MEADE DR COLLEYVILLE, TX 76034 7304 BELLE MEADE DR PERONE, JOHN A 1216 HOLLY LN COLLEYVILLE, TX 76034 1220 HOLLY LN N COLLINS, BURK 1840 NORWOOD PLZ STE 101 HURST, TX 76054 1312 JOHN MCCAIN RD ROBBINS, MARK B 7327 CEDAR CT COLLEYVILLE, TX 76034 7327 CEDAR CT TANGLEWOOD ESTATES MAINT ASSOC 7321 TRIANON CT COLLEYVILLE, TX 76034 7105 JOHN MCCAIN RD JEANES, FREDRIC M 7200 BELLE MEADE DR COLLEYVILLE, TX 76034 7200 BELLE MEADE DR SHERMAN, THOMAS C 7108 BELLE MEADE DR COLLEYVILLE, TX 76034 7108 BELLE MEADE DR TANGLEWOOD ESTATES HOA 7321 TRIANON CT COLLEYVILLE, TX 76034 7103 TRIANON CT URRUTIA, MICHAEL 1311 BELLEFONTE LN COLLEYVILLE, TX 76034 1311 BELLEFONTE LN GRANT, RICHARD 1304 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1304 JOHN MCCAIN RD ST MARY'S COPTIC ORTHODOX CHUR 1110 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1300 JOHN MCCAIN RD GOTTFREDSON, MARK A 7321 TRIANON CT COLLEYVILLE, TX 76034 7321 TRIANON CT TANGLEWOOD ESTATES HOA 7321 TRIANON CT COLLEYVILLE, TX 76034 7109 TRIANON CT EKSTAM, CHRISTOPHER L 7315 HIX CT COLLEYVILLE, TX 76034 7315 HIX CT PARK, DANIEL 7011 ORCHARD HILL CT COLLEYVILLE, TX 76034 7011 ORCHARD HILL CT FONNER, ALAN D 7320 TRIANON CT COLLEYVILLE, TX 76034 7320 TRIANON CT GOTTFREDSON, MARK ALAN 7321 TRIANON CT COLLEYVILLE, TX 76034 7317 TRIANON CT SCHWINDT, MICHAEL 7301 BELLE MEADE DR COLLEYVILLE, TX 76034 7301 BELLE MEADE DR WASHINGTON, DAVID 7300 HIX CT COLLEYVILLE, TX 76034 7300 HIX CT KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD LEACH, JOHN E 7302 BELLE MEADE DR COLLEYVILLE, TX 76034 7302 BELLE MEADE DR SMITH, NANCY BURSCH 7202 BELLE MEADE DR COLLEYVILLE, TX 76034 7202 BELLE MEADE DR KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7150 EVANS RD KHAN, ATIQUE A 7308 BELLE MEADE DR COLLEYVILLE, TX 76034 7308 BELLE MEADE DR TIMARRON GOLF CLUB INC 3030 L B J FWY STE 600 DALLAS, TX 75234 201 E CONTINENTAL BLVD UNIQUE LANDSCAPING DESIGN & 7111 COLLEYVILLE BLVD # TX COLLEYVILLE, TX 76034 7151 EVANS RD BROWN, RODNEY 7400 BELLE MEADE DR COLLEYVILLE, TX 76034 7400 BELLE MEADE DR CHEATWOOD, CHRIS 7313 TRIANON CT COLLEYVILLE, TX 76034 7313 TRIANON CT BRADSHAW, F THOMAS 7316 TRIANON CT COLLEYVILLE, TX 76034 7316 TRIANON CT HUDSON, LEONARD 7201 TRIANON CT COLLEYVILLE, TX 76034 7201 TRIANON CT CALDWELL'S CREEK ADDITION P.O. Box 682 COLLEYVILLE, TX 76034 COURTESY NOTICE PEBBLE HILL PLANTATION ESTATES P.O. Box 911 COLLEYVILLE, TX 76034 COURTESY NOTICE SHALIMAR ADDITION 6916 Shalimar Court COLLEYVILLE, TX 76034 COURTESY NOTICE VILLAS AT CALDWELLS CREEK, THE P.O. Box 293 COLLEYVILLE, TX 76034 COURTESY NOTICE CARROLL ISD 2400 N CARROL AVE SOUTHLAKE, TX 76092 STATE REQUIRED GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED CITY OF GRAPEVINE 200 S. MAIN STREET GRAPEVINE, TX 76051 COURTESY NOTICE CITY OF SOUTHLAKE 1400 MAIN STREET SOUTHLAKE, TX 76092 COURTESY NOTICE YOUNG, CURTIS 1130 N. CARROLL AVE, SUITE 200 SOUTHLAKE, TX 76092 APPLICANT Public hearing notices were mailed February 6, 2019 Notification List NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City»«Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning & Zoning Commission: Monday, February 11, 2019 at 7:00 p.m. City Council Meeting: Tuesday, February 19, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district. The purpose is to allow for the development of 34 single-family residential lots and 9 open space lots. Zoning Case: ZC18-019 Applicant: Curtis Young Owner: Burk and Gloria Collins Location: 1312 John McCain Road and 7309 Holly Lane N Property Description: Lots 1R1 & 1R2, Block 1, of the Bear Creek Plantation Present Zoning: R-40 Single Family Residential District and AG Agricultural At the 2nd reading and public hearing during the December 4, 2018 meeting, the City Council voted on a motion to approve the above zoning change request on that date. The motion received 4 affirmative votes but the motion failed due to the super-majority vote requirement in effect at that time. In January 2019, a letter was mailed giving notice to the public that the City Council may discuss the zoning change request again at the February 5, 2019 City Council meeting. The City Council placed the following two (2) agenda items on the agenda: DISCUSSION OF OLD BUSINESS a. Discuss and consider the City Council’s previous motion to approve Ordinance 18-2056 that failed to pass during the December 4, 2018 City Council meeting b. Discuss and consider further action concerning Ordinance 18-2056 as a result of action taken by the City Council on item (a.) above, including amending, approving, denying, and/or remanding Ordinance 18-2056 back to the Planning and Zoning Commission for additional review and recommendation. At their meeting on February 5, 2019, the City Council approved to reconsider the item and subsequently remanded the item back to the Planning & Zoning Commission for review at their February 11, 2019 meeting. At that meeting, they will make a recommendation to the City Council. The City Council will then consider final action at their February 19, 2019 meeting. Due to a change in opposition within 200 feet for this zoning request, a simple majority vote of the City Council is presently required to take action on this zoning change request. NOTICE OF PUBLIC HEARING At the request of the Mayor, this courtesy notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 500 feet. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-al/communitydevelopment/activedevelopment- cases. For additional information, please contact the Community Development Department at 817.503.1052. Please reference the zoning case number when requesting information. Ben Bryner Community Development Director bbryner@colleyville.com 1 Araceli Botello Subject:FW: Bear Creek Plantation ‐‐‐‐‐Original Message‐‐‐‐‐ From: Wayne Rigney Sent: Thursday, July 5, 2018 10:20 AM To: Susan Mathisen <smathisencpa@gmail.com> Cc: JElms@pape‐dawson.com; ckbevill@hotmail.com; m.kich@rocketmail.com; veronica@sellsdfw.com; slv4105@gmail.com; rayallee@aol.com Subject: Bear Creek Plantation I Wayne Rigney oppose the Bear Creek Plantation. Below are some of my concerns! 1. Burk Collins personally told me the pond in the flood plain would be a retention pond for flooding. But in the P&Z meeting Curtis said it would be a wet pond. He is already changing what he told us. 2. He has made numerous water flow modifications for the Tanglewood Estates subdivision and NONE for us. 3. We have multiple flooding problems and he is exacerbating them building in the flood plain and the ditch next to Holly Lane will only direct more water flow back to us. And the amenity Lake was again supposed to be a retention pond to help with flooding. 4. Our property at the back is directly next to his. He wants to leave the current fence which is being held up by numerous pieces of wood. From Holly lane turn to the floodplain it means there is no barrier into our yards plus it’s a ranch fence. 5. He said he has addressed all our concerns! Not true we have numerous times Addressed flooding problems. 6. Ben Bryner in the P&Z meeting “ for the most part it complies with our standards and desires” I thought we were using comprehensive plan as a standard not mostly a plan! 7. His engineer Curtis has consistently talked down to us! And now all the things we were concerned with are categorically being ignored! We want water flow problems addressed! Not ignored! Thomas Wayne Rigney 7308 Hix Ct Colleyville, TX 76034 501 240 3561 Sent from my iPhone LETTER OF CONCERN TO: THE COMMUNITY DEVELOPMENT DEPARTMENT OF COLLEYVILLE (ZONING CASE # ZC18-019) 100 Main Street Colleyville, Tx 76034 Office: 817-503-1050 E-Mail:bbryner@colleyville.com Re: ZONING CASE # ZC18-019 I, Gary T. Beggs, oppose the rezoning for 1312 John McCain Road from R-40 single family & AG Agricultural to PUD-R. SIGNED: _______________________________________ DATE:_July 5, 2018_ NAME: Gary T. Beggs ADDRESS: 7105 Peters Path CITY/ZIP:Colleyville, TX 76034 1 Araceli Botello Subject:FW: Bear Creek Plantation From: Charlie Sent: Thursday, July 5, 2018 1:36 PM To: 'Wayne Rigney'; 'Susan Mathisen' Cc: JElms@pape‐dawson.com; ckbevill@hotmail.com; m.kich@rocketmail.com; veronica@sellsdfw.com; slv4105@gmail.com; rayallee@aol.com Subject: RE: Bear Creek Plantation Basically other than all the concerns, I feel like I do not want to be responsible for making a decision that may be in our worst interest. Therefore I will oppose the project and put the responsibility on a high majority vote of the City Council by creating a Super Majority vote if possible. Hopefully this will be in our best interest! Charles Pearce ‐‐‐‐‐Original Message‐‐‐‐‐ From: Wayne Rigney Sent: Thursday, July 05, 2018 10:20 AM To: Susan Mathisen Cc: JElms@pape‐dawson.com; ckbevill@hotmail.com; m.kich@rocketmail.com; veronica@sellsdfw.com; slv4105@gmail.com; rayallee@aol.com Subject: Bear Creek Plantation I Wayne Rigney oppose the Bear Creek Plantation. Below are some of my concerns! 1. Burk Collins personally told me the pond in the flood plain would be a retention pond for flooding. But in the P&Z meeting Curtis said it would be a wet pond. He is already changing what he told us. 2. He has made numerous water flow modifications for the Tanglewood Estates subdivision and NONE for us. 3. We have multiple flooding problems and he is exacerbating them building in the flood plain and the ditch next to Holly Lane will only direct more water flow back to us. And the amenity Lake was again supposed to be a retention pond to help with flooding. 4. Our property at the back is directly next to his. He wants to leave the current fence which is being held up by numerous pieces of wood. From Holly lane turn to the floodplain it means there is no barrier into our yards plus it’s a ranch fence. 5. He said he has addressed all our concerns! Not true we have numerous times Addressed flooding problems. 6. Ben Bryner in the P&Z meeting “ for the most part it complies with our standards and desires” I thought we were using comprehensive plan as a standard not mostly a plan! 7. His engineer Curtis has consistently talked down to us! And now all the things we were concerned with are categorically being ignored! We want water flow problems addressed! Not ignored! Thomas Wayne Rigney 7308 Hix Ct Colleyville, TX 76034 2 501 240 3561 Sent from my iPhone 1 Araceli Botello Subject:FW: Letter of Protest - Regarding Rezoning of Bear Creek Plantation From: Natalie Genco Sent: Saturday, July 7, 2018 2:19 PM To: bbryner@colleyville.com; Susan; rayallee@aol.com; slv4105@gmail.com; veronica@sellsdfw.com; m.koch75@rocketmail.com; Claudia Bevill; JElms@pape‐dawson.com Cc: Richard Newton; tnakamura@colleyville.com; Bobby Lindamood; gdodson@colleyville.com; kwheat@colleyville.com; ckelley@colleyville.com; crigney@colleyville.com; Frank Genco; Charlie Subject: Letter of Protest ‐ Regarding Rezoning of Bear Creek Plantation LETTER OF PROTEST FOR ZONING CASE # ZC18-019 TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 Office: 817-503-1050 E-Mail: bbryner@colleyville.com To whom it may concern: I, Natalie Genco, oppose the rezoning for 1312 John McCain Road (Zoning Case # ZC18-019) from R-40 single family & AG Agricultural to PUD-R or any other zoning. This property should be left AG as this zoning is what neighbors bought next to. It is grossly unfair as an infringement on neighbors' rights and others in our city to change zoning on this property to anything other than how it is zoned currently. It is a property owners right to develop their property with the zoning he purchased it with. It is NOT anyone's right to have their property rezoned. We have zoning rules in place to protect neighbors who buy near a property. Please keep our neighborhood low density by keeping zoning on this property as it is. CONCERNS: 1. Adding unnecessary traffic congestion to already congested John McCain. My neighbors and I can barely get out of our driveways as things are now. 2. Water drainage issues. 3. Open spaces in our city need to be protected and not developed for the personal profit of one person and to the detriment of all neighbors. 4. This rezoning request is not in harmony with surrounding neighborhoods. The request far exceeds development density on three sides of this property. To the west is Hidden Acres with properties that are 2-6 acres. To the east is Tanglewood with properties averaging 2 acres and to the north is flood plain with a golf course beyond. 5. The main reason people give for moving to Colleyville is our "rural feel". Changing zoning and developing one of our last AG pieces of land greatly diminishes this rural feel and lowers the quality of life for all Colleyville residents for the personal profit of one person. This tragedy should not be allowed to happen. Please protect our neighborhood and our city. Sincerely, Natalie Genco July 7, 2018 1104 John McCain Rd, COLLEYVILLE, TEXAS 76034 1 Araceli Botello Subject:FW: Protest - Regarding Rezoning of Bear Creek Plantation #ZC18-019 From: Frank Genco Sent: Sunday, July 8, 2018 12:16 PM To: Ben Bryner <BBryner@colleyville.com> Cc: Susan <smathisencpa@gmail.com>; rayallee@aol.com; slv4105@gmail.com; veronica@sellsdfw.com; m.koch75@rocketmail.com; Claudia Bevill <ckbevill@hotmail.com>; JElms@pape‐dawson.com; Richard Newton <RNewton@colleyville.com>; Tammy Nakamura <TNakamura@colleyville.com>; Bobby Lindamood <BLindamood@colleyville.com>; George Dodson <GDodson@colleyville.com>; Kathy Wheat <KWheat@colleyville.com>; Chuck Kelley <CKelley@colleyville.com>; Callie Rigney <CRigney@colleyville.com>; Charlie <charles.pearce@verizon.net> Subject: Protest ‐ Regarding Rezoning of Bear Creek Plantation #ZC18‐019 LETTER OF PROTEST FOR ZONING CASE # ZC18-019 TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 Office: 817-503-1050 E-Mail: bbryner@colleyville.com To whom it may concern: I, Frank Genco, oppose the rezoning for 1312 John McCain Road (Zoning Case # ZC18-019) from R-40 single family & AG Agricultural to PUD-R or any other zoning. This property should be left AG as this zoning is what neighbors bought next to. It is grossly unfair as an infringement on neighbors' rights and others in our city to change zoning on this property to anything other than how it is zoned currently. It is a property owners right to develop their property with the zoning he purchased it with. It is NOT anyone's right to have their property rezoned. We have zoning rules in place to protect neighbors who buy near a property. Zoning defines a property owner’s rights. Rezoning is an infringement on neighbors’ rights. Please keep our neighborhood low density by keeping zoning on this property as it is. CONCERNS: 1. Adding unnecessary traffic congestion to already congested John McCain. My neighbors and I can barely get out of our driveways as things are now. 2. Water drainage issues. 3. Open spaces in our city need to be protected and not developed for the personal profit of one person and to the detriment of all neighbors. 4. This rezoning request is not in harmony with surrounding neighborhoods. The request far exceeds development density on three sides of this property. To the west is Hidden Acres with properties that are 2 2-6 acres. To the east is Tanglewood with properties averaging 2 acres and to the north is flood plain with a golf course beyond. 5. The main reason people give for moving to Colleyville is our "rural feel". Changing zoning and developing one of our last AG pieces of land greatly diminishes this rural feel and lowers the quality of life for all Colleyville residents for the personal profit of one person. This tragedy should not be allowed to happen. Please protect our neighborhood and our city. Sincerely, Frank Genco July 8, 2018 1104 John McCain Rd, COLLEYVILLE, TEXAS 76034 Sent from my iPhone LETTER OF PROTEST FOR ZONING CASE # ZC18-019 TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 Office: 817-503-1050 E-Mail: bbryner@colleyville.com To whom it may concern: I, Richard B. Davidson, oppose the rezoning for 1312 John McCain Road (Zoning Case # ZC18-019) from R-40 single family & AG Agricultural to PUD-R or any other zoning under RE & AG. CONCERNS: (1) Water drainage issues along the West side of the running along Holly Ln. and continuing through my backyard causing larger erosion issues and possible flooding based on the current grading plan. (2) The so called “retention pond” and its true purpose. If this pond is turned into a constantly full recreation pond then there will be almost certain flooding issues along my floodplain. (3) No intentions to build a masonry wall or privacy fence along the west side of the proposed Oak Alley to help prevent against any potential drainage issues and also help protect the privacy of my land against new neighbors direct view as well as those walking around the proposed Oak Alley walking paths in the back of the neighborhood. Sincerely, Richard Davidson July 8, 2018 7304 Hix Ct., COLLEYVILLE, TEXAS 76034 1 Araceli Botello Subject:FW: 1312 John McCain Rd New Project From: Issam Bou‐Hamdan Sent: Monday, July 9, 2018 9:42 AM To: Ben Bryner <BBryner@colleyville.com> Subject: 1312 John McCain Rd New Project We oppose building smaller lots on or near the John McCain Rd area. As it is we are witnessing unbearable traffic daily on John McCain and this kind of project it will only increase traffic and noise. Thank You, Issam Bou‐Hamdan 6804 Shalimar Ct Colleyville, TX 76034 Sent from Mail for Windows 10 1 Araceli Botello Subject:FW: Notice of Public Hearing Case ZC18-002 From: Edward Palluth Sent: Thursday, July 5, 2018 12:13 PM To: rayallee@aol.com; slv4105@gmail.com; veronica@sellsdfw.com; m.koch75@rocketmail.com; JElms@pape‐ dawson.com; ckbevill@hotmail.com; smathisencpa@gmail.com Subject: Re: Notice of Public Hearing Case ZC18‐002 July 5, 2018 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Planning and Zoning Commission Member: After thoroughly reviewing the materials submitted to the Commission regarding Zoning Case Number ZC18-002, we cannot support the plans as submitted by the development company. Our primary objections to the proposed development include, but are not limited to, the following areas of concern: • The proposed lot sizes compromise the integrity of the adjacent properties. Both developments east and west of the proposed development average approx. 2 acres while the new development averages well under one acre with the majority of the properties under .7 acre. The plan fails to protect the integrity of the adjacent neighborhoods; • The planned density further exacerbates traffic and safety issues on John McCain; We would like to point out some debatable points in The Statement of Objectives submitted by the developer. The developer states that the adjacent east and west properties would be unified by the PUD-R rezoning . The average lots sizes of the east and west adjacent properties are approximately 2 acres while the proposed development would have 25% of the properties smaller than 2/3 acre.. Five of the properties are plotted at 30.0k sq ft, however when you take out the drainage easement these properties all fall below 30.0k sq ft.. Increasing the total number of homes under 30.0 sq ft to 9 (25% of the proposed development) The developer suggests that average starting price for ALL homes would be $2,000,000.00.. We searched the DFW area real estate sites and found over 80 properties over $2,000,000.00 for sale in Tarrant County, of those only one had a lot size of less than one acre.. A more likely target price based on this proposal would be 1/3 to 1/2 of what the developer suggests. This would obviously compromise the integrity of the adjacent property values, in addition, greatly reducing the the suggested property tax contribution to the City of Colleyville… While we are opposed to the plan as submitted , we are not against the residential development of this property. Please advise if you have any questions or would rather this be sent via mail.. Thank you for your service to the community and consideration, Joan & Ed Palluth 2 1212 Holly Lane Colleyville, Texas 76034 On Mar 20, 2018, at 3:16 PM, Edward Palluth < > wrote: March 20, 2018 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Planning and Zoning Commission Member: I am writing in response to the Notice of Public Hearing for Zoning Case Number ZC18-002. After review of the materials enclosed in the Notice as well as materials previously submitted to the Planning and Zoning Commission, I hereby object to the proposed development plan and request for zoning change. My objections to the proposed development include, but are not limited to, the following areas of concern: • The lot sizes in the development are not consistent with the properties in the adjacent neighborhoods and, as a result, the plan fails to protect the integrity of those neighborhoods; • The planned density further exacerbates traffic and safety issues on John McCain; • The planned street exiting to Holly Lane will create unsafe conditions for residing on Holly Lane and Hidden Acres neighborhood. Please advise if you would rather this be sent via mail.. Thank you for your service to the community and consideration, Ed Palluth 1212 Holly Lane Colleyville, Texas 76034 Community Development Department City of Colleyville 100 Main Street Colleyville,TX 76034 Darc: 0t4 1,2.otx Attn: Planning and ZoningCommission Members To Whom It May Concern: I am writing in response to the Notice of Public Hearing for Zoning Case Number ZC18-019. After review of the materials enclosed in the Notice as well as materials previously submitted to the Planning and ZoningCommission,I hereby object to the proposed development plan and request for zoning change (the o'Plan"). My objections to the proposed development (the "Development") include, but are not limited to, the following areas of concern: o The lot sizes in the Development are not compatible with the properties in the adjacent neighborhoods and, as a result, the Plan fails to protect the integrity of those neighborhoods; o The proposed density of the Development is not in keeping with the Colleyville 2035 Comprehensive Plan Chapter 6, Northwest Colleyville-Neighborhood Area 6; o The Plan has inconsistent and inadequate border enclosures and landscape buffers, including a water collection area outside the perimeter of the proposed fencing along the western edge; and o The Plan poses a risk of damage to surrounding properties due to (i) the disruption of existing water flow conditions, (ii) reduced absorption of surface water resulting from the construction of a densely populated development, and (iii) a water collection arcathat may overflow onto Holly Lane. E.r t -se lueu- /)rt ru Printed Name Cott E-yv 'tE,-ry TLoaz Address r Community Development Department City of Colleyville 100 Main Street Colleyville,TX 76034 Date: July 9,2018 Attn: Planning and ZoningCommission Members To Whom It May Concern: I am writing in response to the Notice of Public Hearing for Zoning Case Number ZC18-019. After review of the materials enclosed in the Notice as well as materials previously submitted to the Planning and Zoning Commission, I hereby object to the proposed development plan and request for zoning change (the "Plan"). My objections to the proposed development (the "Development") include, but are not limited to, the following areas of concern: o The lot sizes in the Development are not compatible with the properties in the adjacent neighborhoods and, as a result, the Plan fails to protect the integrity of those neighborhoods; o The proposed density of the Development is not in keeping with the Colleyville 2035 Comprehensive Plan Chapter 6, Northwest Colleyville-Neighborhood Area 6; o The Plan has inconsistent and inadequate border enclosures and landscape buffers, including a water collection area outside the perimeter of the proposed fencing along the westem edge; and o The Plan poses a risk of damage to surrounding properties due to (i) the disruption of existing water flow conditions, (ii) reduced absorption of surface water resulting from the construction of a densely populated development, and (iii) a water collection area that may overflow onto Holly Lane. Jeff Pistor Printed Name 7200 Holly Ln Colleyville. TX 76034 Address Sincerely, 1 Araceli Botello Subject:FW: 1312 John McCain From: Robbie Sent: Monday, July 9, 2018 11:27 AM To: Ben Bryner <BBryner@colleyville.com> Subject: 1312 John McCain Mr. Bryner, I would like to express my concerns and oppose to this new housing project at 1312 John McCain. I believe at this time this development would case major traffic jams on John McClain street and noise issues in this neighborhood. My home address is 7208 Jo Will Street. Robbie Sebren Burns Legend Asset Management 2415 Avenue J, Suite 111 Arlington, TX 76006 P 817.640.3040 ext 101 F 817.701.0523 1 Araceli Botello Subject:FW: Please do not rezone 1312 John McCain Rd. From: Jody Larson Sent: Monday, July 9, 2018 11:52 AM To: Ben Bryner <BBryner@colleyville.com> Subject: Please do not rezone 1312 John McCain Rd. I would like to add my opinion about the rezoning of the property at 1312 John McCain. I do not agree with it because of these reasons: I do not want the extra traffic that the building of the homes will bring to the neighborhood; the extra traffic of the construction vehicles, the 18 wheelers, construction trucks, etc. Not only will there be extra traffic with the construction, there will be extra traffic with the new tenants. John McCain has already taken a beating with the detoured traffic during the Pleasant Run/Tinker Rd. construction. We have greatly enjoyed seeing the longhorns the owners previously had and while we know that the next owners will likely not do the same, building out that property will make us just another neighborhood. Splitting it up into two or three homes would be good but as many as they are proposing? No thank you! We love the rural feel of this area while being in the middle of the city. We love it here and would hate to see that aesthetic go away! Thank you for “listening”. Sincerely, Jody Larson 7308 Jo Will Colleyville.