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Item 4J
CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT July 30, 2013 CASE NO: ZA13-067 PROJECT: Zoning Change and Development Plan for Highland Oaks EXECUTIVE SUMMARY: Terra Land Management is requesting approval of a Zoning Change and Development Plan for Highland Oaks on property described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 200, 220, 280, 300, 310, 320 and 340 W. Highland St., Southlake, Texas. The current zoning is "R- PUD" Residential Planned Unit Development District. The proposed zoning is "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood #5 REQUEST: Terra Land Management is requesting approval of a zoning change and development plan from "R-PUD" Residential Planned Unit Development District to "R-PUD" Residential Planned Unit Development District for Highland Oaks to develop twenty seven (27) residential lots and five (5) open space lots on approximately 16.34 acres with a gross density of 1.65 units per acre. The purpose for this request is to delete the text in the R-PUD regulations regarding buffer lots. These regulations are inconsistent with the approved Development Plan and were not deleted during the revisions to the plan that occurred during the City Council entitlement process. No changes to the Zoning and Development Plan which was approved by City Council on February 6, 2013 (Planning Case ZA12-099) are being proposed. The language proposed to be deleted is below: Buffer lots: Lots adjacent to property or existing lots that are: currently zoned, platted as one acre lots, or on the Future Land Use Plan designated for one acre or larger lots, or zoned and platted as SF-1 or RE shall: 1. Have a minimum area of 20,000 s.f., and 2. Have a minimum lot dimension of 95'. The language proposed to be added: Buffer lots: No buffer lots shall be required. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information Case No. ZA13-067 (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Report dated May 21, 2012 (for previous Highland Oaks case) (E) Development Plan Review Summary No. 1, dated July 12, 2013 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-631 a (H) Half Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA13-067 BACKGROUND INFORMATION OWNER: Terra Land Management, Inc. and Ride With Pride, Inc., The Davis Trust APPLICANT: Terra Land Management, Inc. PROPERTY SITUATION: Generally located west of N. White Chapel Blvd. and north of W. Highland St. at 200, 220, 280, 300, 310, 320 and 340 W. Highland St. LEGAL DESCRIPTION: Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District HISTORY: -The existing approximately 1,100 square foot residence at 320 W. Highland St. (Lot 8, T.M. Hood No. 706 Addition) was constructed in 1955 (Source: TAD). -The existing approximately 1,580 square foot residence at 340 W. Highland St. (Tract 8D01, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1957 (Source: TAD) -The existing approximately 2,240 square foot residence at 280 W. Highland St. (Tract 8D03, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1967 (Source: TAD). -The existing approximately 2,310 square foot residence at 200 W. Highland St. (Tract 8CO2, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1977 (Source: TAD). -A zoning change from "AG" Agricultural to "SF-1 B" Single Family Residential District for the current Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition was approved by City Council on August 5, 1997. -A plat showing for Lots 8, 9 and 10, T. M. Hood No. 706 Addition was filed February 27, 1998. -The existing approximately 4,910 square foot residence at 300 W. Highland St. (Lot 10, T.M. Hood No. 706 Addition) was constructed in 1998 (Source: TAD). -The existing approximately 2,140 square foot residence at 310 W. Highland St. (Lot 9R1, T.M. Hood No. 706 Addition) was constructed in 1907 (Source: TAD) and relocated to the property in 1998 (Source: Building Permits). -A plat revision for Lots 9R1 and 9R2, Hood No. 706 Addition was filed January 19, 1999. Case No. Attachment A ZA13-067 Page 1 - A Zoning Change and Development Plan (ZA12-099) from "AG" Agricultural District and "SF1-B" Single Family Residential District to "R-PUD" Residential Planned Unit Development District, a Land Use Plan Amendment (CP12-006) to change the land use designation from Low Density Residential to Medium Density Residential and a Preliminary Plat (ZA12-112) were all approved by City Council on February 5, 2013. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends W. Highland St. to be a two-lane undivided arterial with seventy (70) feet of right-of-way. Adequate right of way is shown to be dedicated on the Development Plan for W. Highland St. and for the roundabout that the City will construct at the intersection of W. Highland St. and N. White Chapel Blvd. Existing Area Road Network and Conditions The development will have one access directly onto W. Highland St., which is currently a two-lane undivided roadway with a pavement width of approximately twenty-four (24) feet. PATHWAYS MASTER PLAN: The Pathways Master Plan shows a planned eight (8) foot plus, multi -use trail along the west side of N. White Chapel Blvd. A six (6) foot sidewalk along the north side of W. Highland St. from Shady Oaks to N. White Chapel Blvd.is included in the Sidewalk Plan Priority Update 2008-2012. A six (6) foot sidewalk is shown on the Development Plan from the eastern property line of Open Space Lot 6, Block 3 to the western boundary of Open Space Lot 1, Block 1 and a four (4) foot sidewalk is shown from the western boundary of Open Space Lot 1, Block 1 to the western boundary of the development. WATER & SEWER: A 12-inch water line in N. White Chapel Blvd. and a 12-inch water line in W. Highland St. exist to serve the property. Sanitary sewer will connect to an existing 8-inch line in Countryside Ct. to the north through existing off -site utility easements. Sanitary sewer will also be extended to the south for the purpose of intercepting effluent from the lift station serving the Autumn Creek subdivision. TREE PRESERVATION: For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. CITIZEN INPUT: A SPIN meeting for the original Highland Oaks submittal (ZA12-051) was held May 21, 2012. The SPIN report is attached as Attachment D of this report. PLANNING AND ZONING COMMISSION ACTION: July 18, 2013; Approved (6-0) subject to the Development Plan Review Summary No. 1 and Staff Report dated July 12, 2013. STAFF COMMENTS: Development Plan Review Summary No. 1, dated July 12, 2013 is attached. Case No. Attachment A ZA13-067 Page 2 Vicinity Map Highland Oaks ZA13-063 / ZA13-067 Zoning Change & Development Plan Plat Revision 2009 2209 2809 3009 3109 N 320 and 340 W. Highland St. �F 0 400 800 1.600 r Feet S Case No. ZA13-067 Attachment B Page 1 Residential Planned United Development District - Land Use and Development Regulations for the 16.34 acre development known as Highland Oaks Southlake, Texas 27 JUNE 13 This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF-20A" Single -Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet, twenty (20) feet for side yards facing a street. Rear Yard: Each lot shall have a minimum rear yard of twenty -rive (25) feet. Front, Side and Rear Yards for Lot 12, Block 1 shall be as shown and dimensioned on the Development Plan. Lot Width/ Depth: All lots shall meet the tot width and depth requirements of the "SF-24A" district (1007, except Lot 12, Block 1, which sha31 be as shown on the Development Plan. Lot widths shall be measured at the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Coverage: All buildings or structures shall have a maximum lot: coverage not exceeding forty percent (40%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Minimum House Size: All houses shall be a minimum of 3,500 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots, Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Case No. Attachment D ZA13-067 Page 1 Streets shall have a 40' R-O-W, with 30' of paving lots,Buffer lots: Lots adjaGent to property or existing lots that are: Gurrently zoned, platted as one aGre o on the Future Land Use Plan designated for one aGre or larger lots, zoned •J platted QC_7 GC L alk uilca--�aru as SF Buffer lots: No buffer lots shall be required. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Highland Oaks Homeowners Association (HOA). All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA shall be responsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the Form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HDA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it`s maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA ar individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on ail property in the development. Case No. Attachment D ZA13-067 Page 2 DEVELOPMENT PLAN QU I j Ij 00 . Al" U U!'HiR. Q s2k ix 4-J W '. E Q-o > BS 'All T— z IP't gig .0 co co e t; t; -9 4': -01 'a! 'd 'a 'i 'a Case No. Attachment D ZA1 3-067 Page 3 SPIN REPORT DATED MAY 21, 2012 (for previous Highland Oaks case ZA12-051) USOUTHLAle,'E CASE NO. PROJECT NAME SPIN DISTRICT MEETING DATE MEETING LOCATION SPIN MEETING REPORT ZA12-051 Highland Oaks SPIN #5 May 21, 2012; 6:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Nine (9) • CITY COUNCIL PRESENT: Carolyn Morris • SPIN REPRESENTATIVE(S) PRESENT: Ron Evans- #10, Vic Awtry- #7 • STAFF PRESENT: Bob Price, Director of Public Works and Matt Jones, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748-8602; rschell@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 200 W. Highland St. at the northwest corner of W. Highland St. and N. White Chapel Blvd. Development Details • The applicant is requesting a zoning change from AG (Agricultural) zoning to R-PUD (Residential Planned Unit Development) district. The request is for a residential subdivision consisting of 15 residential lots on approximately 9.26 acres. The applicant intends to conserve the existing natural vegetation along the southeast corner of the property as well as provide an open space area within the development providing approximately 1.54 acres of open space. Case No. Attachment D ZA13-067 Page 4 PROPOSED SITE PLAN �� I •�: a 1 � aecem«f 4 a" ra ce aoi �� 0. •� .r,. - I MAY 11 201E on9Drr: vla nar. �. . t i2 �". 7 ©(1 a ;. �t,.. r:� Zoning Cie #zatzaoa Development &Pedestrian Access Plan HIGHLAND OAKS rm,�azw. nova whey, aeman uo. yob, r,aw eor, ec, aacz x�nia�, ra�am w�ry,ra�,s QUESTIONS/CONCERNS • Will there be access to the development from N. White Chapel Blvd? c No, there will only be access to the development from W. Highland St. • What are the sizes of the homes planned for in the development? c There will be a minimum home size of 4,000 square feet and range to approximately 6,000 square feet, with a price between $900,000 and $1,200,000. • Do you have a builder for the development? o We are not certain who the builder will be at this point in the project. • What are your plans for the park area on the southeast corner? c For the most part we plan on leaving that area as open space in its existing vegetative state and doing some clean-up with landscaping around the perimeter. • Will the development be gated? o No, we will not be requesting that this be a gated development. • Will there be sidewalks required along W. Highland St.? o If there is a requirement by the City to install sidewalks along W. Highland St. then we will provide the sidewalks with our development. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA13-067 Page 5 :�a►[•af�eTi K��I:�i DEVELOPMENT PLAN REVIEW SUMMARY Review No.: One Project Name: Development Plan — Highland Oaks APPLICANT: Paul Spain Terra land Management, Inc. 395 W. Northwest Parkway, Ste. 300 Southlake, TX 76092 Phone: (817) 410-9201 Date of Review: 07/12/13 PLANNER: Curtis Young Sage Group, Inc. 1130 N. Carroll Ave. Ste. 200 Southlake, TX 76092 Phone: (817) 424-2626 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/28/13 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. All comments from the Staff Review Summary for Planning Case ZA12-099 are to remain in effect unless otherwise amended by City Council. The applicant has requested to remove the buffer lot requirement from the R-PUD regulations and the lot sizes and dimensions are to remain substantially the same as previously approved. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and Case No. Attachment E ZA13-067 Page 1 vi. mitigation of altered trees through proposed tree replacement procedures pursuant to the Tree Preservation Ordinance. Upon submittal of a final plat application, a Tree Conservation Plan will be required that identifies the type and diameter of the trees on the property. The existing trees within the proposed Open Space Lot 6 will not need to be identified unless any grading or construction is proposed within the area, but all of the other existing trees on the site will need to be identified by type and diameter. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Analysis must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Analysis is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. # Denotes required items. Denotes informational items. Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of construction plans. 2. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. 3. Show and label the distance to the nearest drive or street in either direction from the proposed drive. 4. Street intersections shall comply with TDLR/ADA accessibility standards. 5. Sidewalk widths shall conform to the Southlake Pathways Plan. Curb return radii minimum 30-feet. Sight distances shall conform to AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: http://www. cityofsouthlake. com/index. aspx?NID=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15- feet minimum and located on one lot — not centered on the property line. A 20-foot easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Drainage easements shall be required for detention ponds and must include maintenance access. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. Case No. Attachment E ZA13-067 Page 2 WATER COMMENTS: All water meters shall be located in an easement or right-of-way. Fire lines shall be separate from the service lines. SANITARY SEWER COMMENTS: 1. The developer will be responsible for coordinating the abandonment of the lift station with the Public Works Department. City participation for the abandonment of the existing lift station will be included in the Residential Developer Agreement. All sewer lines in easements or ROW must be constructed to City standards. The sanitary sewer line may need to be extended to the south property to provide future connection to the property to the south. DRAINAGE COMMENTS: 1. Provide an updated drainage report. This development will require detention since this development drains into a drainage structure under S.H. 114 designed per TxDOT Standards. The difference between pre and post development runoff shall be captured in the detention ponds. The proposed detention pond shall control the discharge of the 2, 10 and 100-year storm events. Access easements are needed for maintenance of the detention pond. 2. Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. A grading plan with drainage arrows and 2' contours shall be required with civil construction plans. Lot -to -lot drainage will not be allowed and grading plan should clearly depict how runoff will discharge onto street. * Provide cross sections and calculations verifying that the swa/es at outfalls 2 and 3 have the necessary capacity to intercept flows from this addition. * Calculations will be required to verify that the street and the proposed curb inlets will be able to handle the volume of storm water at proposed conditions. * All storm sewers collecting runoff from the public street shall be RCP. * This property drains into a Critical Drainage Structure #9 and requires a fee to be paid prior to beginning construction ($278.14/Acre). The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer Agreement shall be required for this development and shall be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Case No. Attachment E ZA13-067 Page 3 Fire Marshal Review Kelly Clements Assistant Fire Marshal (817) 748-8671 kclements(cD-ci.southlake.tx.us GENERAL COMMENTS: Subdivision street names to be approved by city prior to final plat. Submit proposed names and alternate names as soon as possible. Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. FIRE LANE COMMENTS: Fire access areas require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2009 I.F.C. Sec. 503.2.4) Cul-de-Sacs must have 30 ft. inside turn radius and 100 ft. total diameter for approved turnaround. The 45 foot radius will require approval of a variance from the Fire Chief. FIRE HYDRANT COMMENTS: Hydrants to have Hydra-Storz connections with butterfly vanes on pumper outlet for five -inch diameter hose. Hydrants required at maximum spacing for R-3 and U Occupancies is 400 feet for subdivisions with un-sprinkled homes and 600 feet for subdivisions that are completely sprinkled. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. INFORMATIONAL COMMENTS: All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. Community Service/Parks Department Review Peter Kao Community Services (817) 748-8607 pkao(aD_ci.soutlake.tx. us The applicant plans to use park credits from previous developments. General Informational Comments Case No. Attachment E ZA13-067 Page 4 Split -lot zoning is not permitted. Approval of the zoning change is subject to approval of a Preliminary Plat and a Plat Revision that conforms to the approved Development Plan. The Plat Revision will take the place of a Final Plat in this case for the properties that are already platted. A Preliminary Plat and Plat Revision must be approved by the City and a Plat Revision must be filed with the County prior to issuance of a building permit. The Preliminary Plat shall be submitted on the entire tract(s) being subdivided, regardless of whether the plat revision will include the entirety of all tracts. Therefore, the entirety of Tract 8C, Thomas M. Hood Survey, Abstract No. 706 must be included in the Preliminary Plat. All lots must comply with the underlying zoning regulations. Approval of the Preliminary Plat and Plat Revision is subject to approval of the corresponding zoning change. The zoning on the remainder of Tract 8C that is not included in the Development Plan must be changed prior to approval of a Final Plat for that lot. The lot as shown does not comply with the ten acre minimum lot area that is required in the "AG" Agricultural zoning district. A preliminary plat application has been submitted and approval of the plat will be considered at a future Planning and Zoning Commission meeting. A SPIN meeting for the original Highland Oaks submittal (ZA12-051) was held May 21, 2012. The SPIN Representative did not recommend another SPIN meeting for the current proposal. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected development plan, Tree Conservation plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment E ZA13-067 Page 5 SURROUNDING PROPERTY OWNERS HIGHLAND OAKS 3 10 9 4 7 20 19 11 R;� 14 1 30 15 29 38 33 16 17 37 31 32 35 34 5 6 8 36 18 39 24 22 23 n2 F1 25 28 21 27 SPO # Owner Zoning Land Use Acreage Response 1. Riordan Capital Properties Lp SF1-A Low Density Residential 1.30 NR 2. Riordan Capital Properties Lp SF1-A Low Density Residential 0.97 NR 3. Richardson, Sallye Ann SF1-A Low Density Residential 4.85 NR 4. Grabowski, Leszek SF1-A Low Density Residential 5.41 NR 5. Skaggs, Merton M Jr Etux Susan SF1-B Low Density Residential 1.63 NR 6. Duggins, James L Etux Joy H SF1-B Low Density Residential 2.55 NR 7. Seebeck, Robert & Marilyn SF1-B Low Density Residential 0.03 NR 8. Davis, Stephen A SF1-B Low Density Residential 2.24 NR 9. Adelki Llc Sp1 Office Commercial 0.51 NR 10. Bengtson Properties Lip SP1 Office Commercial 0.39 NR 11. Parker Pearson Lp SP1 Office Commercial 0.78 NR 12. Rec Properties Ltd SP1 Office Commercial 0.43 NR 13. Ahf-White Chapel Llc SP1 Office Commercial 0.57 NR 14. White Chapel Village Ctr Prt CS Mixed Use 3.03 NR 15. White Chapel Village Ctr Prt SF1-A Mixed Use 2.20 NR 16. White Chapel Village Ctr Prt SF1-A Mixed Use 1.09 NR 17. White Chapel Village Ctr Prt SF1-A Mixed Use 1.36 NR 18. Derose, Mark E SF1-A Mixed Use 2.04 NR 19. International Ch Four Square G SP1 Office Commercial 3.85 NR 20. International Ch Foursquare Go SPZ Office Commercial 6.13 NR 21. Southlake Ch Assembly Of God CS Public/Semi-Public 6.90 NR 22. Yetman, Bert M Etux Helga B AG Low Density Residential 0.71 NR 23. Campbell, Jose AG Low Density Residential 0.73 NR 24. Yetman, Bert M Etux Helga B SF1-A Low Density Residential 4.94 NR 25. Mangini, Cynthia A AG Low Density Residential 0.76 NR Case No. Attachment F ZA13-067 Page 1 26. Mangini, Cynthia A AG Low Density Residential 0.56 NR 27. Wood, James C Jr AG Low Density Residential 0.96 NR 28. Wood, James C AG Low Density Residential 1.52 NR 29. Woolley, Marquerite E AG Low Density Residential 3.56 NR 30. Rucker, Zena Sullivan AG Low Density Residential 0.52 NR 31. Woolley, Marquerite E AG Low Density Residential 4.28 NR 32. Southlake, City Of AG Low Density Residential 0.66 NR 33. McCoy, Barry M Etux Tonya B AG Low Density Residential 1.04 NR 34. Ride With Pride Inc AG Low Density Residential 0.94 NR 35. Ride With Pride Inc AG Low Density Residential 0.91 NR 36. Fechtel, Rita E AG Low Density Residential 2.05 NR 37. Seebeck, Doreen L AG Low Density Residential 1.93 NR 38. Seebeck, Robert E Etux Marilyn AG Low Density Residential 1.38 NR 39. Seebeck, Robert E Etux Marilyn AG Low Density Residential 0.58 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received Thirty-nine (39) One (1) NR: No Response Case No. Attachment F ZA13-067 Page 2 N:Wll]kill]Iki[H:a:Za]»:4WK914►Iki1El:aNNN097ki1.1*1 Notification Response Form ZA13-067 Meeting Date: July 18, 2013 at 6:30 PM Rucker, Zena Sullivan 650 S Carroll Ave Southlake Tx, 76092 A 706 8C01 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecidejab�qut (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: L�Xk2Date: 61/ Additional Signature: Date: Z -%/� Printed Name(s): r iN/�u Ali Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA13-067 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-631a AN ORDINANCE AMENDING ORDINANCE NO.480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 8CO2, 8D01, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9R1 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 16.34 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to Case No. Attachment G ZA13-067 Page 1 amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "SF-1 B" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among Case No. Attachment G ZA13-067 Page 2 other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Case No. Attachment G ZA13-067 Page 3 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 16.34 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and SF-1 B Single Family Residential District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Case No. Attachment G ZA13-067 Page 4 R-PUD REGULATIONS Residential Planned United Development District - Land Use and Development Regulations for the 16.34 acre development known as Highland Oaks Southlake, Texas 27 JUNE 13 This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF-20A" Single -Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet, twenty (20) feet for side yards facing a street. Rear Yard: Each lot shall have a minimum rear yard of twenty-five (25) feet. Front, Side and Rear Yards for Lot 12, Block i shall be as shown and dimensioned on the Development Plan. Lot Width/ Depth: All lots shall meet the lot width and depth requirements of the "SF-20A" district (100), except Lot 12, Block 1, which shall be as shown on the Development Plan. Lot widths shall be measured at the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty percent (40%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Minimum House Size: All houses shall be a minimum of 3,500 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Case No. Attachment G ZA13-067 Page 5 Streets shall have a 40' R-O-W, with 30' of paving. Buffer lots: No buffer lots shall be required. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Highland Oaks Homeowners Association (HOA). All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA shall be responsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HOA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it's maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA or individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on all property in the development. City Council motions for Ordinance No 480-631 approved February 5, 2013. City Council motion at 1st reading January 15, 2013; Approved (7-0) subject to development plan review summary No. 3, dated January 9, 2013 and the applicant providing exhibit "A" known as the Highland Oaks design guidelines dated December 12t" 2. City Council motion at 2nd reading February 5, 2013; Approved at 2nd reading (7-0) pursuant to the following: Planning Review Summary No. 4, dated January 29, 2013; noting no changes as part of the application to the development plan and to include design guidelines dated December 2012 (Attached in Exhibit "B") City Council motions for Ordinance No 480-631 a approved '2013. Case No. Attachment G ZA13-067 Page 6 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment G ZA13-067 Page 7 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted Case No. Attachment G ZA13-067 Page 8 until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA13-067 Page 9 PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA13-067 Page 10 EXHIBIT "A" Being described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 16.602 acres, and more fully and completely described below: Case No. ZA13-067 Attachment G Page 11 Beginning at a 5/8 inch capped rebar stamped "Thompson" found at the southeast corner of Lot 10 of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Rccords of Tarrant County, Texas; THENCE South 89 Degrees 06 Minutes 32 Seconds West, with the north line of the 15-foot right-of-way dedication as shown on the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas, a distance of 346.19 feet to a 5/8 inch capped rebar stamped "Thompson" found at the southwest corner of Lot 8 of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas; THENCE South 00 Degrees 46 Minutes 47 Seconds East, with the east line of the tract described in the deed to Ride With Pride, Inc., recorded under Instrument No. D199110154 of the Official Public Records of Tarrant County, Texas, a distance of 15.85 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at the southeast corner thereof; THENCE South 89 Degrees 12 Minutes 18 Seconds West, with the south line of the Ride With Pride, Inc. tract, a distance of 100.00 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at the southwest corner thereof; THENCE North 00 Degrees 47 Minutes 07 Seconds West, with the west line of the Ride With Pride, Inc. tract, a distance of 399.64 feet to a 1/2 inch capped rebar stamped "Area Surveying" found at the northwest corner thereof; THENCE South 89 Degrees 09 Minutes 36 Seconds West, with the most northerly south line of said Lot 8, a distance of 89.69 feet to a 1/2 inch rebar found at the most northerly southwest corner thereof; THENCE North 02 Degrees 22 Minutes 45 Seconds West, with the west line of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas a distance of 204.13 feet to a 1/2 inch capped rebar stamped "Area Surveying found at the south corner of Lot 9R-2 of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4774 of the Plat Records of Tarrant County, Texas; THENCE North 43 Degrees 36 Minutes 27 Seconds East, with the southeast line of said Lot 9R-2, a distance of 71.06 feet to the north line of Lot 9 of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas, from which a found 1/2 inch capped rebar stamped "Area Surveying" bears Case No. Attachment G ZA13-067 Page 12 South 43 Degrees 36 Minutes 27 Seconds West, a distance of 1.06 feet; THENCE North 89 Degrees 21 Minutes 57 Seconds East, with the north line of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas, and continuing on said course, in all, a total distance of 1,092.21 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at the northeast corner of the tract described in the deed to Marguerite Elizabeth Fechtel Revocable Trust recorded under Instrument No. D206039011 of the Official Public Records of Tarrant County, Texas; THENCE with the perimeter and to the corners of the said Marguerite Elizabeth Fechtel Revocable Trust tract, the following calls: 1. South 00 Degrees 29 Minutes 07 Seconds East, a distance of 134.75 feet to a found 1/2 inch rebar; 2. South 89 Degrees 22 Minutes 37 Seconds East, a distance of 159.76 feet to a found 5/8 inch rebar; 3. South 00 Degrees 40 Minutes 17 Seconds East, a distance of 49.16 feet to a found 5/8 inch rcbar; 4. South 89 Degrees 12 Minutes 37 Seconds West, a distance of 249.00 feet to a found 5/8 inch rebar: 5. South 00 Degrees 37 Minutes 23 Seconds East, a distance of 174.91 feet to a found bent 1/2 inch rebar: 6. North 89 Degrees 12 Minutes 37 Seconds East, a distance of 99.18 feet to a salient corner, from which a found 1/2 inch rebar bears South 05 Degrees 52 Minutes East a distance of 2.00 feet; 7. South 00 Degrees 52 Minutes 05 Seconds East, passing said found 1/2 inch rebar at a distance of 2.00 feet, and continuing on said course and passing a found 5/8 inch rebar, continuing on said course, in all, a total distance of 289.49 feet to a MAG nail with a metal washer stamped "JPH LAND SURVEYING" set the southeast corner thereof; THENCE South 89 Degrees 06 Minutes 04 Seconds West, with the south line of the said Marguerite Elizabeth Fechtel Revocable Trust tract, passing at a distance of 520.76 feet a 1/2 inch rebar found at the southwest corner thereof, and continuing on said course, in all, a total distance of 655.08 feet to a 5/8 inch rebar found at the southeast corner of the aforementioned right-of-way dedication as shown on the plat of the T. M. Hood No. 706 Addition recorded in Cabinet A, Slide 4061 of the Plat Records of Tarrant County, Texas; THENCE North 00 Degrees 46 Minutes 18 Seconds West, with the east line of the said right-of-way dedication, a distance of 15.18 feet returning to the Place of Beginning and enclosing 16.602 acres (723,185f square feet). Case No. Attachment G ZA13-067 Page 13 EXHIBIT "B" DEVELOPMENT PLAN SUBMITTED JANUARY 22, 2012 Case No. Attachment G ZA13-067 Page 14 / i;SlE ,, � gg�ticRi g9'iilt3 . 8 IF lS v0 E I ii�,i s(saa i N Z69 Eii iii�;i {f;{3 Ekli�s $j S4$�i�i6S?6 Ei 11i�s S i i 3 0 I� i i E Si i I+� m t j1 !t!gg p, { to --Yi!I�p iF�i�ii66s Ln Lo = Q� m := s �tno21 G M12'q�A� M1QP— Ri 4-1 yr e5 Qe �6fi�geSg£9u� �Cu1 C� 3 Qo O= o o� g g �g m FO3o 9. Case No. Attachment G ZA13-067 Page 15 TREE CONSERVATION ANALYSIS SUBMITTED JANUARY 22, 2012 Case No. Attachment G ZA13-067 Page 16 DESIGN GUIDELINES ATTACHED BELOW Case No. Attachment G ZA13-067 Page 17 G G Zi 18 Highland Oaks Design Guidelines December 2012 South/c: k , Texas{ Terra Highland - a s Development Case No. Attachment G ZA13-067 Page 19 Preface "New world luxury, old world charm" sets the standard for the quality of lifestyle you'll experience living in this neighborhood. Highland Oaks will be an exclusive community of luxury estate homes all inspired by Old World European design in the prestigious city of Southlake, Texas. Each custom residence will be designed to reflect a specific style of European architecture including English, French, and Italian. Creativity and personal touches are strongly encouraged within the boundaries established in this book as set by the Design Review Committee (DRC). These guidelines will ensure the quality of the entire community while protecting the lasting value of your home's investment. It is the desire of the DRC to facilitate the development of a residential community that portrays a timeless elegance that can be preserved for generations. Cas nt G ZA1„ r-Qya 20 Table of Contents Preface 2 1: Introduction 5 1.1 Intent of Guidelines 5 1.2 Design Review Committee 5 2: Architectural Styles 6 2.1 General Guidelines 6 2.2 Styles 7 a.French 7 b.English Tudor 8 c.Tuscan 9 3: Architectural Guidelines 10 3.1 Building Height 10 3.2 Roof 10 3.3 Building Massing 10 3.4 Exterior Walls & Finishes 10 3.5 Doors & Windows 11 3.6 In-house Sprinkler System 11 3.7 Accessory Structures 11 3.8 Architectural Detailing 12 4: Site Development 13 4.1 Building Setbacks 13 4.2 Lot Coverage 13 4.3 Easements 13 4.4 Lot Grading and Drainage 13 4.5 Driveways, Sidewalks, & Parking 13 4.6 Outdoor Living Spaces & Detached Structures 14 4.7 Tree Preservation 14 4.8 Pool & Spa 14 4.9 Service Yards & Utility Areas 14 4.10 Walls & Fencing 14 4.11 Lighting 15 4.12 Residence Identification 15 5: Landscape Requirements 16 5.1 Introduction 16 5.2 Landscape Guidelines 16 5.3 Irrigation Requirements 16 5.4 Meters 16 5.5 Drainage 17 6: Design Review Procedures 18 6.1 Design Review Procedures 18 6.2 Submittals 18 Ca: 3 it G ZA.- .,... . -W.: 21 6.3 Desiz n Professional Requirements 18 6.4 Release of Plans for Construction 18 6.5 Detailed Submittal Requirements and Process 18 6.6 Preliminary Design Plan Review 19 6.7 Final Design Review 19 6.8 Pre- c o tistruction Conference 20 6.9 Constriction Process 20 6.10 Occupancy 20 7: Construction and Builder Regulations 21 7.1 Construction Area 21 7.2 Working Hours 21 7.3 Debris & Trash 21 7.4 Signage 21 7.5 Disturbances 21 Case 4 rent G ZA13 ige 22 1: Introduction 1.1 Intent of Guidelines The guidelines set forth in the book have been carefully written in order to create a harmonious community and preserve the quality of each resident's investment in their home. These guidelines are to be the standard that all residences to be built in Highland Oaks will follow. These guidelines will be administered and enforced by the Highland Oaks Design Review Committee (DRC). It is the intent of the DRC to allow for creativity, individuality, and personal expression to be encouraged while staying within the limits of necessary restrictions created for the good of all residents. All new residences, additions and alterations to existing residences, site work, and landscaping will require approval of the DRC. In order to preserve the quality of life and investment for all home owners the following areas will be the focus of the guidelines set forth in this book: a. Purity of chosen Architectural style and quality as shown throughout history in regards to size, scale, materials, and colors b. Consideration of the privacy of residents including visual boundaries c. Establishment of visually appealing exteriors - including landscape, lighting, and parking 1.2 Design Review Committee a. The Design Review Committee (DRC) will consist of no less than three members. At least one member shall be a design professional with extensive residential design experience. One member shall be from the developer group. The third member will be experienced in residential construction. b. Each member shall serve on the committee until such time as they have resigned, been removed, or a successor has been appointed. c. All members shall initially be appointed by Terra/Highland Oaks Development until the Homeowner's Association assumes control of the development. d. The DRC shall have the right to amend, adopt, or repeal any rules or regulations set forth in these guidelines. e. The DRC shall make decisions without prejudice, striving to maintain a consistency throughout the development. The DRC shall be held non -liable for any damage or loss suffered or claimed by owners, builders, or contractors with reference to approval or disapproval of plans and submittals. G 5 G Z1 23 2: Architectural Steles 2.1 General Guidelines a. All residences within the Highland Oaks community should reflect consistent architectural detailing that is appropriate for one of the approved styles. These styles include French. English Tudor. and Tuscan. Each residence should strive within its detailing to reflect the history and heritage of the chosen architectural style to preserve the visual authenticity of that style. Ca 6 t G ZA 24 2.2 Steles a. French: The French style of architecture, specifically a French Eclectic style was brought to America after World War I where many Americans served in France and were able to see first-hand the elegance and distinctive style of the French. French homes are typically characterized by their steeply pitched hipped roofs, flared eaves, brick, stone or stucco walls, and occasionally decorative half-timbering. French homes can be divided into three sub types. These include symmetrical, asymmetrical and towered. When the front elevation is symmetrical there is typically a massive hipped roof with dormers that are arched, circular, hipped or gabled, evenly spaced across the front of the home. In an asymmetrical design the style, while similar to the symmetrical at the roof, contains off -center entryways and asymmetrical facades. Some French homes contain a prominent round tower with a conical roof. The tower typically serves as the main entryway. French homes can vary in style but all generally hold to more formal Renaissance detailing. Beautiful detailing such as French doors, stone quoins, pilasters, pediments, and decorative railings can all be utilized to create an elegant and luxurious 1 appearance. C G Z 7 15 2. b. English Tudor: What can be characterized as English Tudor today is what has been loosely based on various Medieval English homes, ranging from thatch -roofed folk cottages to grand manor houses. English Tudor can be distinguished from the French style primarily by the use of gables rather than hipped roofs. These homes are typically made of brick or stone and can often contain half- timbered decorative details on the facade and heavy chimneys. Large chimneys are found on nearly all Tudor homes and have complex masonry patterns on their lower halves. Overlapping gables, parapets and beautifully patterned brick or stone are all historic details which add to the charm of the Tudor style. Parapeted gables can be found on the more formal English Tudor homes built in America from about 1895 to 1915. If the gable is not parapeted there will be a slight overhang of the gabled roof. Cw it G ZA'i-vv i rays 26 3. c. Tuscan: Tuscan architecture is often described as having a "simple grandeur". The great Italian masters had an ability to combine the rustic with the polished to create an elegant estate built from masses of stone and timber. The style today is characterized by stucco or stone exterior and a clay barrel tile roof. Unlike the French and Tudor styles the Italian homes feature low sloped roof lines with either hips or gables. The roof typically has a large overhang sometimes with exposed wood rafter tails. originally built to be a natural part of the rolling hills of the Tuscany region in Italy, these homes blend in beautifully with natural surroundings and often feature extensive outdoor living areas such as patios, courtyards and terraces. The overall feeling is one of warmth which is reflected in the color schemes of natural earth tones found in Tuscan homes. Case 1 9 nent G ZA13-1 age 27 3: Architectural Guidelines 3.1 Building Height a. Height Measurement - Height will be measured from the finished lot grade to the midpoint of the highest pitched or hipped roof above. The measurement locations will be chosen based upon which points are most restrictive. b. Height Guidelines - The maximum height shall be limited to 30'-0" or as approved. 3.2 Roof a. Design - Roof design and slope must be appropriate for the chosen architectural style. b. It is highly encouraged that all roofs be designed with careful attention to the slope of the roof. Moderate to steep roofs are encouraged and flat roofs are discouraged. The roof must show matching pitches at all visible hips. c. Mechanical Equipment - Mechanical equipment may not be visible on roof structures. d. Vents - Plumbing vents should be minimally visible from the street. If there must be a vent visible to the street then it should blend in color with the roof. e. Material - Roof material should be appropriate to the design style chosen. Metal roofing is allowed in small areas as a detail element and should typically be made of copper. 40 year composition shingle roofing is acceptable on the French and English Tudor styles. For Tuscan style homes a barrel tile roof shall be required. Roofing materials must be submitted for approval prior to installation and labeled on all submitted elevations. 3.3 Building Massing a. Primary massing of the residence should be a reflection of the primary interior rooms within the residence. Secondary massing should be a reflection of the secondary interior rooms within the residence. The concept is to design homes with simple roof lines that reflect the interior spaces that are being housed. b. Massing should not try to lump several interior rooms together into one dominant mass. 3.4 Exterior Walls & Finishes a. Acceptable Materials: i. Brick I Stone iii. Cast Stone iv. Stucco v. Wood b. Unacceptable Materials: i. Siding ii. E.F.I.S. c. Material Variation - The exterior materials must be authentic and not artificial. There shall not be more than three exterior materials (including exterior walls, window/door surrounds, accents, etc.) The DRC will evaluate whether additional materials shall be allowed on a case by case basis. d. Colors - Colors should be appropriate to the architectural style chosen. Colors should be non-invasive and subdued rather than bold and bright. All exterior materials should comply with one color palate including all exterior paint.. brick/stone, trim, mortar, window mullions, balusters, columns, etc.) Ca t G ZA 10 28 e. Front Elevations: Tuscan Style will be a mixture of natural stone and stucco. English, French and the casual derivative styles will be fully masonry. If there is a blend of natural stone and brick, there will be a minimum of 40% stone. If the front elevation is all brick, there will be cast stone surrounds on the windows and the entry porch. Brick sliced corbels and accent pieces are encouraged. 3.5 Doors & Windows a. Acceptable Windows: i. All windows must be wood or wood -clad or vinyl or vinyl clad. All window brands must be submitted for approval prior to installation. ii. Windows shall be appropriate to style, size and shape as consistent with chosen architectural style. iii. All windows on all sides of the residence must have exterior muntins made of either wood or vinyl. b. Unacceptable Windows: i. Aluminum ii. Windows with muntins "trapped" between glass panes iii. Skylights that are visible from the street c. Window Details i. Windows may not be of reflective or darkly tinted glass. ii. Windows must be consistent in size, shape, style and detail throughout the entire residence. iii. Shutters (when used) should "fit the window" and appear to be fully operable, with hardware showing. iv. Windows must be compliant with all fire and safety regulations. v. Windows must be recessed and not "flush" to the exterior of the residence. d. Doors i. All doors shall be recessed and not "flush" to show wall depth. ii. Doors shall be made of wood or multi -paned glass. iii. Doors with muntins should have them placed on the exterior of the glass panes rather than being "trapped" inside them. iv. Front Doors shall be a minimum of 3 1/2 ft. wide by 8 ft. tall and be made of wrought iron or paneled hardwood e. Garage Doors i. All garage doors shall be sectional wood or wood -clad. ii.Garage doors shall be recessed a minimum of 10" to create more wall depth and lessen the focus on the garage door. iii. Garage doors shall be placed at right angles to the street where possible. If this is not possible then special approval must be given by the DRC. The DRC will take in to account the size/shape of the lot and the surrounding landscape in determining whether a "front entry" garage is appropriate. A drive gate is required on front facing garage in order to screen from street. 3.6 In -House Sprinkler System All residences may contain in-house sprinkler systems if required by the City of Southlake. 3.7 Accessory Structures All structures on one lot must reflect consistently the same architectural style as C the main residence. G 2 11 9 3.8 Architectural Detailing See examples of architectural detailing in Exhibit A of Design Guidelines Ca 12 t G ZA__ ___ 30 4: Site Development 4.1 Building Setbacks a. Each individual lot shall be required to maintain and meet the minimum requirements as set forth by the City of Southlake Zoning Regulations. b. In addition to the City of Southlake requirements, Highland Oaks will require a minimum 30' -0" front building line, 10'-0" side yard building lines, and a 25' -0" rear building line,as shown on the Development Plan. c. Lots which face two streets (comer lots) shall maintain a minimum 30'-0" building line to one of the two streets and conform to the building setback established on the final plat for the other street. 4.2 Lot Coverage a. The footprint of the main level of each residence shall not exceed 40% of the entire area of the lot. Footprint is defined as all areas that are contained within four walls and garages. (Excludes open porches, patios, porte chocheres, etc.) b. Each residence shall contain a minimum of 3,500 st living space and a 3-car garage. 4.3 Easements a. It shall be the responsibility of the owner/builder to review the plat and locate any and all utility and drainage easements on the site. b. No structure shall be allowed to encroach within any and all easements. c. Landscaping and driveways are allowed within the easement and roust be maintained by the homeowner. 4.4 Lot Grading and Drainage a. All grading. excavation, fill, drainage, and site work designed and installed shall meet the City of Southlake requirements. b. As a part of the preliminary design package a topographical survey of the intended lot must be made by a Registered Surveyor with 1' -0" intervals to be submitted with a grading plan designed by a Registered Civil Engineer. The Civil Engineer must also complete and sign a Drainage Compliance Certificate. c. Every effort should be made to save as many existing trees as possible. d. Each residential design should strive to blend in with the existing topography of the lot and in no case shall there be retaining walls greater than 4' -0" in height. Each retaining wall at its end points should blend in to the existing grade. 4.5 Driveways, Sidewalks & Parking a. All driveways, sidewalks, and parking areas shall be made of concrete, stone, or pavestone and shall be patterned or stained or textured. b. All driveways, sidewalks and parking areas shall be a rninimuum of 2' -0" clear of adjacent properties. c. Motor courts and circular drives must be heavily landscaped and located a minimum of 5' -0" from adjacent properties. The design of all parking areas should strive to minimize public view of any vehicles. Residents will not be permitted to leave vehicles parked in any public viewing areas for a reasonable amount of time. C. 13 G Z/a-i s-un i rage 31 d. All driveways must be between a minimum width of 12' -0" and a nlaximunl -width of 16-0". e. All lots are required to have a 48" wide sidewalk 4'-6" behind the curb. 4.6 Outdoor Living Spaces & Detached Structures a. All outdoor living spaces and detached structures shall meet the requirements of the City of Southlake Zoning Ordinance. b. The maximum height of all detached structures shall be no more than 18' -0" or unless approved by the DRC. c. The design of all structures on the lot shall reflect the architectural styling, material selection, quality, and colors of the primary residence. 4.7 Tree Preservation a. Tree preservation must adhere to the requirements of the City of Southlake Tree Preservation Ordinance. b. A detailed tree preservation plan must be submitted as a part of the preliminary review package. All efforts should be made to preserve the natural beauty of the landscape and thus preserving as many trees as possible. c. Each lot shall contain no less than four, 4" minimum caliper trees. This can be accomplished through the use of existing or new trees. 4.8 Pool & Spa a. Pools shall be a minimum of 10' -0" from the property lines. b. With consideration to adjacent estates pools, spas, and any game courts or recreational equipment should be located so as to be screened from view and sound insulated from neighboring lots and streets. All are subject to the approval of the DRC. c. Pool and recreational lighting shall not exceed two foot candles at property lines. d. Pool lines must be tied into the sewer line. e. Pools must be fenced in compliance with National pool safety laws. 4.9 Service Yards & Utility Areas a. A service yard is an area designated for the storage of trash, maintenance tools, firewood, pool equipment, air conditioning equipment, mechanical equipment, etc. These areas must be screened from public view by a 6'-0" minimum mature height landscaping material. b. Electric meters, telephone panels, etc. must be screened from public view as well. c. They may be located in the service yard, mechanical room or meter closets. These should all be designed to resemble the primary residence and not be facing the street. d. Only storage buildings designed by a Registered Architect and submitted to the DRC for approval will be allowed. 4.10 Walls & Fencing a. Front yard walls or fences that are visible fiom the street shall be a minimum of 6' -0" in height and must be constructed of the standard Highland Oaks stone and may have a combination of stone columns with wrought iron fencing infill. b. Side and rear property line fencing shall be a minimum height of 6' -0" and constructed of wrought iron. Ca t G ZA 14 32 4.11 Lighting a. All exterior lighting must be decorative style fixtures. b. Any lighting that is used to accent landscaping, residential wall features, etc. must be ground mounted up -lighting with shields to block glare from the street or adjacent properties. 4.12 Residence Identification a. Each residence shall have a standard Highland Oaks cast stone address number block located on the front elevation. b. Standard cast iron Highland Oaks mailbox shall be located at each U.S. Postal approved location. Cas 1; nt G ZA1 _ e 33 5: Landscape Requirements 5.1 Introduction It is the intent of the DRC to facilitate the development of a luxurious cornmimity that enhances the quality of life for all residents. It is imperative that the landscape of each residence follows specific and consistent guidelines in order to preserve the value and integrity of the community. All residents must comply with the landscape guidelines set forth in this manual. The overall goal of these guidelines is for the landscaping to be harmonious throughout the entire community with no incompatibilities between planting styles. The DRC must use a subjective determination in approving all landscape plans. 5.2 Landscape Guidelines a. The maintenance of these standards will be the responsibility of the homeowners under the rules of the HOA once the developer has passed control on to the HOA. b. Consideration to the local climate and soil conditions must be taken when choosing plant material species. Foreign or Tropical plants are not encouraged Unless as an understated accent plant. c. In order to soften the scale of the main structures. large specimen trees must be planted. The arrangement of trees should be aesthetically pleasing and without too many competing varieties. d. All new planted shade trees shall be a minimum of 4" to 5" in caliper. e. Ornamental trees shall be minimum 50 gallon container grown or larger. f. All plant material must be grade "A" quality. g. The DRC may inspect all plant materials delivered in order to assure compliance with approved Landscape Architect's plans. h. Tree preservation must adhere to the requirements of the City of Southlake Tree Preservation Ordinance. i. A detailed tree preservation plan must be submitted as a part of the preliminary review package. All efforts should be made to preserve the natural beauty of the landscape and thus preserving as many trees as possible. j. Each lot shall contain no less than four 4" to 5" minirmuu caliper trees. This can be accomplished through the use of existing or new trees. 5.3 Irrigation Requirements a. All areas must be fully irrigated with an automatically controlled underground irrigation system with a water management program. b. Where possible pop-up style sprinkler heads should be used to minimize visual intrusion and all equipment must be screened from public view with landscaping. c. All irrigation plans must be signed and sealed by a licensed Irrigator in the State of Texas. 5.4 Meters Meters should be sized to be able to handle the 117ater usage of each residence in order to prevent a reduction in water pressure to the house. 16 Ca t G ZA._ __. 34 5.5 Drainage There should always be a positive surface flow maintained that prevents water drainage from flowing towards any structure. Damage could result to the soils supporting the house if drainage is not flowing properly away fiom areas of concern. Ca: it G ZA' l ` 35 6: Design Review Procedures 6.1 Design Review Procedures The following outlined procedures must be followed by anyone wishing to construct a new residence, new addition to a residence, make improvements on the site or landscape, or remodel an existing residence within the Highland Oaks community. The DRC will closely adhere to the guidelines set forth in this book in order to preserve the reputation and quality of Highland Oaks. It is entirely up to the discretion of the DRC to determine subjectively the appropriateness of all submitted ideas in regards to the aesthetic appearance and value of what is proposed. Please make every effort to submit all required elements as incomplete submittals will not be reviewed and can delay the review process. 6.2 Submittals All submittals will be to DRC 6.3 Design Professional Requirements All plans submitted to the DRC shall be prepared by approved Design Professionals, Architects, Landscape Architects and Engineers licensed to practice in the State of Texas. 6.4 Release of Plans for Construction No improvements or construction will be permitted until the DRC has given their final approval to the plans submitted. Any owner or contractor commencing on any work without prior written approvals by the DRC will not be allowed to have subcontractors or workers enter Higland Oaks until compliance is made with these guidelines. The DRC will make every effort to review the submitted plans and give feedback in a timely manner. However the DRC will not be held liable for any delays that are caused by circumstances beyond their control. Typically the DRC will review submittals and provide continents within 14 days of receipt of submittal. 6.5 Detailed Submittal Requirements and Process i. Pre -Planning Conference ii. It is required that the Owner, Architect, Landscape Architect and Builder meet with the DRC to review the development requirements and the design/review process. iii. DRC will use the pre -planning conference as a time to discuss conceptual ideas for the specific lot and review the overall site plan, existing trees and any special design criteria. This will also be a time to clarify any questions regarding any part of the guidelines, submittal process or construction process. iv. It is recommended that the applicant submit an informal conceptual design package that could include imagery portraying the proposed style and character of the home. This informal submittal can give the applicant and DRC the opportunity to be aligned in their interpretation of the guidelines before the time and money is spent on preparing a submittal for the Preliminary Design Plan Review. Cz 18 : G V_ 36 6.6 Preliminary Design Plan Review a. The Preliminary Design Review will require the submittal of 2 sets of the following documents and plans: i. Submittal Review Form ii. Site Plan: 1/8"=1'-0" showing proposed site modifications, building footprint, drives, walls/fences, patios, decks, pools, conceptual landscaping and any other site amenities. Any existing trees subject to removal shall be identified. iii. Preliminary Floor Plans: 1/8"=l' -0" iv. Preliminary Roof Plan: 1/8"=1 '-0" indicating roof pitches v. Preliminary Elevations: 1/8"=F-0" indicating materials, texture and colors. These drawings must convey the architectural style and detailing proposed so the DRC can best visualize the concept presented. vi. Study Model: 1/8"=1 '-0" - optional at the discretion of the DRC for design clarification vii. Color Elevations b. Approval of the preliminary design does not guarantee approval of the final design submission. The DRC will review the Preliminary submittal and return one set of drawings with markups, corrections or comments if necessary. The DRC may request that the applicant re -submit the preliminary design package or may allow the applicant to reflect changes necessary for the final submittal. 6.7 Final Design Review a. The Final Design Review will require the submittal of 2 sets of the following documents and plans: i. Application Form ii. Site Plan: 1"=10'-0" or 1/8"=1 '-0" indicating proposed building footprint, property boundaries and easements, utility locations, existing and proposed 1' -0" topography contours, areas of cut and fill, drainage, driveways, sidewalks, decks, service yards and equipment, mailbox location, walls and fencing and any other proposed improvements. Indicate scale and North orientation. iii. Overall Floor Plans: 1/8"=1 '-0" including all room dimensions, door and window locations and sizes and location of mechanical and electrical systems. iv. Elevations: 1/8"=1 '-0" conveying architectural design, materials and detailing. Must include the elevations for all exterior views labeled in accordance with the Site Plan and showing all finished and natural grades. Elevations must show dimensions for overall width and height in order to assure compliance with the maximum height regulation. All exterior materials must be labeled (walls, windows, doors, chimneys, trim, etc.) v. Building Sections: 1/8"=l'-0" indicating building walls, floors, interior relationships, finished exterior grade and any other information to clearly describe the interior/exterior relationships of the buildings. vi. Roof Plan: Indicate all pitches, plate heights and directions of drainage. Wall and column locations must also be shown. Ca: 19 it G ZA'.., .,.,. . —W-h 37 vii. Landscape Plans: 1 "=1 0' or 1/8"=1 '0 to include irrigation, lighting, tree preservation, proposed and existing plants and their sizes. Must also include swimming pool plans if applicable. Must be submitted 90 days prior to installation of landscape. viii. Drainage Affidavit signed by Homeowner, Builder and Licensed Civil Engineer. b. The DRC will review the final submittal package and either grant approval or provide comments as to what the applicant must do in order to receive approval. 6.8 Pre -Construction Conference a. Once the applicant has received final approval of their plans they must provide the following at a pre -construction conference with the DRC before they may begin the actual construction or improvements: i. Construction Schedule: A timeline of the anticipated construction process. ii. Material and Color Selection Specifications: Written specifications and color boards where necessary for the following items: i) Exterior wall materials and colors ii) Windows and exterior doors with colors and finishes iii) Exterior trim materials and colors iv) Fireplaces v) Exterior lighting fixtures vi) Roof material and colors vii) Exterior paving materials and colors viii) Fence/wall materials and colors b. Building Permit 6.9 Construction Process a. Following approval at the pre -construction conference the builder may begin improvements on the property. b. During the construction process 3 on site reviews must be scheduled by the builder in which one member of the DRC will evaluate the site. These reviews are for the DRC to observe the progress and assure compliance with all approved plans and materials submitted. The following are the stages at which the reviews must take place: i. Framing Review ii. Exterior Construction Review (including roof, masonry/stucco, trim, windows, exterior doors, etc.) iii. Final Review 6.10 Occupancy Upon approval by one DRC member at the Final Review the builder must schedule a Final Observation by the entire DRC prior to allowing occupancy at the residence. The DRC will issue a Letter of Completion upon approval which allows occupancy and releases the Construction Deposit to the homeowner. (This process may take several weeks.) G 20 G Zw-i s-un i rage 38 7: Construction and Builder Regulations 7.1 Construction Area a. Construction activity should not impose on neighboring lots or residences. All activity is required to stay on the owner's lot. All materials, vehicles, and equipment must stay within the boundary of the lot. b. Each site must provide its own sanitary facilities. Portable toilets must be shielded behind the field mock-up. 7.2 Working Hours All working hours are to comply with the hours set forth by the City of Southlake at the time of construction. 7.3 Debris and Trash In no circumstance may any debris, material, trash etc. be placed on any other lot or property. The site and streets must be kept clean and maintained on a daily basis. Trash containers shall be maintained during the duration of construction and kept from overflowing at all times. 7.4 Signage Signage must match the standard Highland Oaks main temporary construction sign. (See Exhibit B) 7.5 Disturbances Noise, trash, and traffic impacts should be minimal during the construction process. It is the responsibility of the builder and contractor's to keep all vehicles and materials on the lot and out of the flow of traffic or neighboring property. Loud music will not be permitted. Case ''-1 lent G ZA13• _ _ _ _ige 39 Case ent G ZA13 ge 40 Highland Oaks Terra's Southlake Standard — Desion Guidelines • Architectural massing, shape and articulation by style (English) . Case No. ZA13-067 �3 4 Attachment G Page 41 Highland Oaks Terra's Southlake Standard — Design Guidelines • Architectural massing, shape and articulation by style (French) @'@If loss- 4 Case No. Attachment G ZA1 3-067 Page 42 Highland Oaks Terra's Southlake Standard — Desion Guidelines • Architectural massing, shape and articulation by style (Tuscai 6 :r �w nww n `► F 7�4 Case No. Attachment G ZA13-067 Page 43 High/and Oaks Terra's Southlake Standard — Design Guidelines • Stone and brick or cast stone surrounds on front elevation for windows and door elements. one front elevations will be a minimum of 40% stone. W i Case No. Attachment G ZA13-067 Page 44 Highland Oaks Terra's Southlake Standard — Desion Guidelines • Brick corbelling and wrought iron details to match architectural style e� asMAO � s Ipir d V Case No. Attachment G ZA13-067 Page 45 High/and Oaks Terra's Southlake Standard — Design Guidelines • Brick corbelling and wrought iron details to match architectural style Case No. Attachment G ZA13-067 Page 46 Highland Oaks Terra's Southlake Standard — Desion Guidelines • Windows — wood clad or vinyl with exterior grid I•Cast stone window & door surrounds. Case No. ZA13-067 Attachment G Page 47 Highland Oaks Terra's Southlake Standard — Design • Windows — proportionate shudders with hardwarE I Case No. Attachment G ZA13-067 Page 48 High/and Oaks Terra's Southlake Standard — Design Guidelines • Front doors shall be minimum of 3 '/z ft. wide by 8 ft. tall and be made of wrought iron or paneled hardwood. Case No. Attachment G ZA13-067 Page 49 Highland Oaks Terra's Southlake Standard — Design Guidelines • High level of landscaping. • Trees — 4" minimum. Planted to create reforestation corner lot. 2 front, 2 rear and additional 2 on Case No. Attachment G ZA13-067 Page 50 Highland Oaks Terra's Southlake Standard — Desian Guidelines Heavy wrought iron fencing in public view or on open space or park Case No. Attachment G ZA13-067 Page 51 Highland Oaks Terra's Southlake Standard — Design Guidelines • Full masonry chimneys •Chimneys will have chimney cap to screen spark arrestor Case No. ZA13-067 �71 Attachment G Page 52 H Ti Case No. Attachment G ZA13-067 Page 53 Highland Oaks Terra's Southlake Standard — Desion Guidelines • Gated motor courts with cedar clad garage doors r"I Case No. ZA13-067 �I AN Attachment G Page 54 High/and Oaks 17:1 Terra's Southlake Standard — Desion Guidelines • Decorative Paving in Driveways Case No. Attachment G ZA13-067 Page 55 Highland Oaks Terra's Southlake Standard — Desian Guidelines • Cast Stone Address Blocks W1I Case No. Attachment G ZA13-067 Page 56 Highland Oaks Terra's Southlake Standard — Desian Guidelines • Ornamental metal mailboxes I A Case No. Attachment G ZA13-067 Page 57 STATE OF TEXAS § AFTER RECORDING, RETURN TO: § Edward J. Fields, Jr. COUNTY OF TARRANT § Bryan Cave, LLP 2200 Ross Ave., Suite 3300 Dallas, Texas 75201 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HIGHLAND OAKS THIS DECLARATION is made effective as of , 20_7 by Terra/Highland Oaks, LP, a Texas limited partnership (hereinafter referred to as "Declarant"). WHEREAS, Declarant is the developer/owner of the real property commonly known as known as Highland Oaks, an addition to the City of Southlake, Tarrant County, Texas, described on the Plat of the addition recorded , 20 in Cabinet , Slide , Plat Records, Tarrant County, Texas, which is incorporated herein by reference made a part hereof for all purposes; and WHEREAS, Declarant desires to create thereon a residential community with approx. 15+ residential lots, that embodies "new world luxury, old world charm" in an exclusive community of luxury estate homes all inspired by Old World European design as further described in the Design Guidelines attached as Exhibit A; and that may include open spaces, landscaping, sprinkler systems, and other common improvements for the benefit of the community; and WHEREAS, Declarant desires to provide for, among other matters, the preservation of the values and amenities in said community and for the maintenance of said open spaces, landscaping, sprinkler systems, common lighting, fencing, drives, screening walls, and other common improvements; and, to this end, desires to subject the community, together with such additions as may hereafter be made thereto (as provided below) to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each and every owner of any part thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an owners' association to which would be delegated and assigned the powers of (i) owning, maintaining and administering the common properties and facilities, (ii) administering and enforcing the covenants and restrictions contained herein, and (iii) collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused or will cause a non-profit corporation to be incorporated under the laws of the State of Texas for the purpose of effecting the intents and objectives herein set forth. NOW, THEREFORE, Declarant declares that the Properties shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise prohibit) shall have the following meanings: Case No. Attachment G ZA13-067 Page 58 "Design Review Committee" shall mean and refer to the design review committee described in Article IX hereof. "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association as may be amended from time to time. "Association" shall mean and refer to Highland Oaks Homeowners Association, Inc., a Texas non- profit corporation, which will have the power duty and responsibility of maintaining and administering the Common Properties, and collecting and disbursing the assessments and charges hereinafter prescribed, and will have the right to administer and enforce the Covenants and Restrictions. "Board" or "Board of Directors" shall mean and refer to the board of directors of the Association. "Members" shall have the meaning set forth in Section 3.1 hereof. "Common Properties" shall mean and refer to those areas devoted to the common use and enjoyment of the Owners, and include the following: community entryway features (signage, landscaping) placed at the entry to the community within easements shown on the Plat; three open space lots; landscape and hardscape to be installed within the above described open space Lot; any areas of land, improvements or other property rights within the Properties which are designated or subsequently designated as Common Properties intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that are now or may hereafter be constructed thereon. "Declarant" shall mean and refer to Terra/Highland Oaks, LP, and its successors and assigns, if (i) such successors and/or assigns become same by operation of law, or (ii) successors and/or assigns acquire all or substantially all of the Lots from Declarant for the purpose of development and any such assignee receives by assignment of all or a portion of its rights hereunder as such Declarant, by an instrument expressly assigning such rights of Declarant to such assignee. No person or entity purchasing one or more Lots from Terra/Highland Oaks, LP in the ordinary course of business shall be considered as "Declarant". "Design Guidelines" shall mean and refer to the Design Guidelines attached hereto as Exhibit A. Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time, which is designated as a lot thereon and which is or will be improved with a residential dwelling. Some portions of the Common Properties may be platted as a "lot" on the recorded subdivision plat, however, these lots shall be excluded from the concept and definition of lot as used herein. "Member" shall mean and refer to each Owner as provided in Article III hereof. "Owner" shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to this Declaration. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Case No. Attachment G ZA13-067 Page 59 "Plat" shall mean the subdivision plat(s) of the Properties recorded in the Plat or Map Records of the County Clerk. "Properties" shall mean and refer to the properties subject to this Declaration. PROPERTY SUBJECT TO THIS DECLARATION Property Subject to Declaration. The Properties which are, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration are all of Highland Oaks Addition, City of Southlake, Tarrant County, State of Texas, and are more particularly described on the Plat described in the recitals to this Declaration. Reservation of Minerals and Groundwater. There is hereby reserved from the Properties, and Declarant does hereby except and reserve from all future sales and conveyances of the Properties, or any part thereof, including the Lots and Common Properties, all oil, gas, and other minerals and all subsurface groundwater in, on, and under the Properties. Declarant and its successors and assigns waive the right to use the surface of any Lot for exploration for or development of oil, gas, and other minerals or groundwater; nothing however, restricts or prohibits the pooling or unitization of the minerals or groundwater with other property; or the exploration or production of the oil, gas, and other minerals or groundwater by means of wells that are drilled or mines that open on property other than the Properties, provided that these operations in no manner interfere with the surface of subsurface support of any improvement constructed or to be constructed on the Properties. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Membership. Every Owner of a Lot shall automatically be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. Voting. The Association shall have two (2) classes of voting membership: CLASS A. Class A Members shall be all Members with the exception of Declarant. 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 vote be cast with respect to any such Lot. CLASS B. The Class B Members shall be the Declarant and any Owner of a Lot upon which the Owner has not completed constructing a residential dwelling. Declarant shall be entitled to six (6) votes for each Lot owned by all Class B Members. Class B Members other than Declarant shall be non -voting Members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the following: Case No. Attachment G ZA13-067 Page 60 when the total of votes outstanding in the Class A membership is eight (8) times greater than the total number of votes outstanding in the Class B membership; or when Declarant no longer owns record title to any of the Lots; or on the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk. Quorum, Notice and Voting Requirements. Subject to the provisions of Paragraph (c) of this Section, any action taken at a meeting of the Members shall require the assent of the majority of all of the votes of those who are voting in person or by proxy at a meeting duly called, written notice of which shall be given to all Members not less than ten (10) days nor more than fifty (50) days in advance. The quorum required for any action referred to in Paragraph (a) of this Section shall be the presence at the initial meeting of Members entitled to cast, or of proxies entitled to cast, a majority of the votes of all Members shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Bylaws or this Declaration. If the required quorum is not present or represented at the meeting, one additional meeting may be called, subject to the notice requirement herein set forth, and the required quorum at such second meeting shall be one-half (1/2) of the required quorum at the preceding meeting; provided, however, that no such second meeting shall be held more than sixty (60) days following the first meeting. As an alternative to the procedure set forth above, any action referred to in Paragraph (a) of this Section may be taken without a meeting if a consent in writing approving of the action to be taken, shall be signed by a majority of all Members. Except as otherwise specifically set forth in this Declaration, notice, voting and quorum requirements for all actions to be taken by the Association shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. During the period of time that the Association is unincorporated, the Declarant shall have the sole right and option to prescribe reasonable procedures for the meetings (if any) of the Members; provided, however, that prior to incorporation, without the written approval of the Declarant, no Member (other than Declarant) shall have a right to vote on any matter, or to call any meetings of the Members of the Association. Except as specifically set forth in this Declaration, notice, voting and quorum requirements for all action to be taken by the Association (as an incorporated entity) shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. PROPERTY RIGHTS IN THE COMMON PROPERTIES Members' Easements of Enjoyment. Subject to the provisions of Section 4.2 and 4.3 of this Article, every Member and every tenant of every Member, who resides on a Lot, and each individual who resides with either of them, respectively, on such Lot shall have a non-exclusive right and easement of use and enjoyment in and to the Common Properties, and such easement shall be appurtenant to and shall pass with the title of every Lot; provided, however, such easement shall not give such person the right to make alterations, additions or improvements to the Common Properties. Case No. Attachment G ZA13-067 Page 61 Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to and limited by the following: The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties. The right of the Association to enter into and execute contracts with parties (including the Declarant or an affiliate of the Declarant) for the purpose of providing maintenance for all or a portion of the common Properties or providing materials or services consistent with the purposes of the Association; The right of the Declarant or the Association, subject to approval by written consent by the Member(s) having a majority of the outstanding votes of the Members to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility company for such purposes and upon such conditions as may be agreed to by such Members; The right of the Declarant or the Association, at any time, to make reasonable amendments to the Plat as it deems advisable, in its sole discretion. All Members are advised that a portion of the Common Properties may be located within the platted and dedicated public rights -of -way and in connection therewith the public shall have rights of use and enjoyment of Common Properties located within the public rights -of -way; and With respect to any and all portions of the Common Properties, Declarant, until Declarant no longer owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas, whichever is the first to occur, shall have the right and option (without the joinder and consent of any person or entity, save and except any consent, joinder or approval required by the City of Southlake or any other governmental agency having appropriate jurisdiction over the Common Properties) to: (i) alter, improve, landscape and/or maintain the Common Properties with the expense to be reimbursed by the Association; (ii) rechannel, realign, dam, bridge, bulwark, culvert and otherwise employ or utilize construction and/or engineering measures and activities of any kind or nature whatsoever upon or within the Common Properties; (iii) seek and obtain variances or permits of any kind or nature whatsoever upon or within the Common Properties; (iv) replat or redesign the shape or configuration of the Common Properties (including a reduction is size of the Common Properties) without the joinder of the Association (whether or not the association has received a conveyance of the Common Properties); and (v) seek and obtain any and all permits, licenses or exemptions from any and all governmental agencies exercising jurisdiction over the Common Properties and/or the uses or activities thereon. COVENANTS AND ASSESSMENTS Creation of the Lien and Personal Obligation of Assessments. The Owner of any Lot by acceptance of a deed or other conveyance document creating in such Owner the interest required to be deemed an Owner, whether or not it shall be so expressed in any such deed or other conveyance document, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the consideration and purchase money for the acquisition of the Lot), to pay to the Association (or to an entity or collection agency designated by the Association): annual maintenance assessments or charges, such assessments to be fixed, established and collected from time to time as herein provided; Case No. Attachment G ZA13-067 Page 62 special assessments for capital improvements and other purposes, such assessments to be fixed, established and collected from time to time as hereinafter provided; and individual special assessments levied against one or more Owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable) and their respective family, agents, guests and invitees, and not caused by ordinary wear and tear, all of such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual maintenance, special capital, and special individual assessments described in this Section (hereinafter, the "Assessment" or the "Assessments", together with interest thereon, attorneys' fees, court costs and other cots of collection thereof, as herein provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which any such Assessment is made. Each such Assessment, together with interest thereon, attorneys' fees, court costs, and other costs of collection thereof shall also be the continuing personal obligation of the Owner of such Lot at the time when the assessment becomes due. Further, no Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. Existing obligations of an Owner to pay assessments and other costs and charges shall not pass to bona fide first lien mortgagees which become Owners by reason of foreclosure proceedings or an action at law subsequent to the date the Assessment was due; provided; however, any such foreclosure proceeding or action at law shall not relieve such new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent Assessment. Purpose of Assessments. The Assessments levied by the Association shall be used for (i) the purpose of promoting the recreation, comfort, health, safety and welfare of the Members and/or the residents of the Properties; (ii) maintaining the Common Properties; (iii) enhancing the quality of life in the Properties and the value of the Properties; (iv) improving and maintaining the Common Properties, the properties, services, improvements and facilities devoted to or directly related to the use and enjoyment of the Common Properties, including, but not limited to, the payment of taxes on the Common Properties and insurance in connection therewith and the repair, replacement and additions thereto; (v) paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties; (vi) carrying out the powers and duties of the Board of Directors of the Association as set forth in this Declaration and the Bylaws of the Association; (vii) carrying out the purposes of the Association as stated in its Articles of Incorporation; and (viii) carrying out the powers and duties relating to the Design Review Committee, after Declarant has delegated or assigned such powers and duties to the Association, (ix) enforcing this Declaration and paying legal fees and other costs associated with enforcement of this Declaration. Improvement and Maintenance of the Common Properties Prior to Assessments. Initially, the improvement of the Common Properties shall be the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and expense with no right to reimbursement from the Association. After the initial improvements to the Common Properties are substantially completed and until the date of the Assessments formally commence, the Declarant, on behalf of the Association, shall have the responsibility and duty (but with right of reimbursement once Assessments begin) of maintaining the Common Properties, including, but not limited to, the payment of taxes on and insurance in connection with the Common Properties and the cost of repairs, replacements and additions thereto, and for paying the cost of labor, equipment Case No. Attachment G ZA13-067 Page 63 (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties. Annual Maintenance Assessments. The Board of Directors shall determine the amount of the annual maintenance assessments for each year, which assessments may include a reserve fund for working capital and for maintenance, repairs and replacements of the Common Properties. Subject to the provisions of Section 5.4(c) hereof, the rate of annual maintenance assessments may be increased by the Board. The Board may, after consideration of current maintenance, operational and other costs and the future needs of the Association, fix the annual maintenance assessments for any year at a lesser amount than that of the previous year. An increase in the rate of the annual maintenance assessments as authorized by Section 4.4(b) hereof in excess of twenty percent of the preceding year's annual maintenance assessments must be approved by the Members in accordance with Section 3.3 hereof. When the annual maintenance assessment is computed for Lots, all or a portion of such annual maintenance assessment shall be payable to the Association by the Member according to the status of the Lot owned by such Member as follows: As to a Lot owned by a Member other than Declarant, the full annual maintenance assessment shall be payable. As to any Lot owned by Declarant,'/4 of the annual maintenance assessment shall be payable. The Board of Directors may provide that annual maintenance assessments shall be paid monthly, quarter -annually, semi-annually or annually on a calendar year basis. Not later than thirty (30) days prior to the beginning of each fiscal year of the Association, the Board shall (i) estimate the total common expenses to be incurred by the Association for the forthcoming fiscal year, (ii) determine, in a manner consistent with the terms and provisions of this Declaration, the amount of the annual maintenance assessments to be paid by each Member, and (iii) establish the date of commencement of the annual maintenance assessments. Written notice of the annual maintenance assessments to be paid by each Member and the date of commencement thereof shall be sent to every Member, but only to one (1) joint Owner. Each Member shall thereafter pay to the Association his annual maintenance assessment in such manner as determined by the Board of Directors. The annual maintenance assessments shall include reasonable amounts, as determined by the Members or by the Board, collected as reserves for the future periodic maintenance, repair and/or replacement of all or a portion of the Common Properties. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not commingled with any other funds of the Association. Assessments collected as reserves shall not be considered to be advance payments of regular annual maintenance assessments. Date of Commencement of Assessments; Due Dates; No Offsets. The annual maintenance assessments provided for herein shall commence on the date fixed by the Board of Directors of the Association to be the date of commencement and, except as hereinafter provided, shall be payable monthly, quarter -annually, semi-annually or annually, in advance, on the first day of each payment period thereafter, as the case may be and as the Board of Directors shall direct. The first annual maintenance Case No. Attachment G ZA13-067 Page 64 assessment shall be made for the balance of the calendar year in which it is levied. All assessments shall be payable in the amount specified by the Association and no offsets against such amount shall be permitted for any reason. Duties of the Board of Directors with Respect to Assessments. The Board of Directors of the Association shall fix the date of commencement and the amount of the annual maintenance assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of all assessments shall be delivered or mailed to every Owner subject thereto. Such notice shall be sent to each Owner at the last address provided by each Owner, in writing, to the Association. The omission of the Board of Directors to fix the assessments within the time period set forth above for any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed. Non -Payment of Assessment. Delinquency. Any Assessment, or installment thereof, which is not paid in full when due shall be delinquent on the day following the due date (herein, "delinquency date") as specified in the notice of such Assessment. The Association shall have the right to reject partial payment of an Assessment and demand full payment thereof. If any Assessment or part thereof is not paid within ten (10) days after the delinquency date, the unpaid amount of such Assessment shall bear interest from and after the delinquency date until paid at a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum lawful rate. Lien. The unpaid amount of any Assessment not paid by the delinquency date shall, together with the interest thereon and the cost of collection thereof, including reasonable attorneys' fees, become a continuing lien and charge on the Lot of the non-paying Owner, which shall bind such Lot in the hands of the Owner, and his heirs, executors, administrators, devisees, personal representatives, successors and assigns. The lien shall be superior to all other liens and charges against the Lot, except only for tax liens and the lien of any bona fide first mortgage or first deed of trust now or hereafter placed upon such Lot. A subsequent sale or assignment of the Lot shall not relieve the Owner from liability for any Assessment made prior to the date of sale or assignment and thereafter becoming due nor from the lien of any such Assessment. The Board shall have the power to subordinate the lien securing the payment of any Assessment rendered by the Association to any other lien. Such power shall be entirely discretionary with the Board. As hereinbefore stated, the personal obligation of the Owner incurred at the time of such Assessment to pay such Assessment shall remain the personal obligation of such Owner and shall not pass to such Owner's successors in title unless expressly assumed by them in writing. Liens for unpaid Assessments shall not be affected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. To evidence any lien, the Association shall prepare a written notice of lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by such lien. Such notice shall be executed Case No. Attachment G ZA13-067 Page 65 by one of the officers of the Association and shall be recorded in the Office of the County Clerk of Tarrant County, Texas. Remedies. The lien securing the payment of the Assessments shall attach to the Lot belonging to such non-paying Owner with the priority set forth in this Section. Subsequent to the recording of a notice of the lien, the Association may institute an action at law against the Owner or Owners personally obligated to pay the Assessment and/or for the foreclosure of the aforesaid lien. In any foreclosure proceeding the Owner shall be required to pay the costs, expenses and reasonable attorneys' fees incurred by the Association. In the event an action at law is instituted against the Owner or Owners personally obligated to pay the Assessment there shall be added to the amount of any such Assessment: the interest provided in this Section, the costs of preparing and filing the complaint in such action, the reasonable attorneys' fees incurred in connection with such action, and any other costs of collection; Further, in the event a judgment is obtained, such judgment shall include interest on the Assessment as provided in this Section and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action. Each Owner, by acceptance of a deed to a Lot, hereby expressly vests in the Association or its agents or trustees the right and power to bring all actions against such Owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non -judicial foreclosure pursuant to Section 51.002 of the Texas Property Code, but subject to the provisions of Chapter 209 of the Texas Property Code, and such Owner hereby expressly grants to the Association the private power of sale in connection with said liens. The Association may also suspend the Association membership and voting rights of any Owner who is in default in payment of any Assessment in accordance with this Declaration and/or the Bylaws. Notice to Mortgagees. The Association may, and upon the written request of any mortgagee holding a prior lien on any part of the Properties, shall report to said mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the delinquency date of such Assessment. Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter recorded against any Lot; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale, whether public or private, of such property pursuant to the terms and conditions of any such mortgage or deed of trust. Such sale shall not relieve the new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent assessment. Estoppel Information from Board with Respect to Assessments. The Board shall upon demand at any time furnish to any Owner liable for an Assessment, a certificate in writing signed by an officer of the Association, setting forth whether said Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A Case No. Attachment G ZA13-067 Page 66 reasonable charge maybe made by the Board of Directors of the Association for the issuance of such certificates. GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and appoint the Board of Directors, each of whom shall be a Member, or an officer, employee, representative or agent of Declarant. From and after the effective date of the Association's incorporation, the Board of Directors shall be selected in accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the fund(s) collected by the Association pursuant to Article IV above, the following: Care and maintenance of the landscaping, screening walls, entry feature, lighting, and irrigation on the Common Properties. Maintenance includes all repair, rebuilding or cleaning deemed necessary by the Board of Directors. The services of a person or firm to manage and/or provide consultation to the Association or any separate portion thereof, 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 the manager. Legal and accounting services. A policy or policies of insurance ensuring the Association, its officers and directors against any liability to the public or to the Owners (and/or their invitees or tenants) incident to the operation of the Association, including, without limitation, officers' and directors' liability insurance. To execute all declarations of ownership for tax assessment purposes and to pay all taxes with regard to the Common Properties. To enter into agreements or contracts with insurance companies, taxing authorities and the holders of mortgage liens on one or more Lots with respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the Common Properties, as they relate to the assessment, collection and disbursement process envisioned in this Declaration. To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit. 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 and the Common Properties, expressly including the power to enter into management and maintenance contracts. If, as, and when the Board, in its sole discretion, deems necessary it may take action to protect or defend the Common Properties 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. Case No. Attachment G ZA13-067 Page 67 To make reasonable rules and regulations for the operation and use of the Common Properties and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members, or, with respect to a rule applicable to less than all of the Properties, by a majority of the Members in the portions affected. Subsequent to incorporation, to make available to each Owner, within one hundred twenty (120) days after the end of each year, an unaudited annual report. Pursuant to Article VI herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency. If, as and when the Board, in its sole discretion, deems necessary, it may take action to enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or seek damages from any Owner for violation of such provisions or rules. Board Powers. From and after the date on which the title to the Common Properties has been conveyed to the Association, the Board 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. Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Ownerforthe performance by the Association of services which the Board is not 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. Liability Limitations. No Member, officer of the Association or member of the Board of Directors of the Association shall be personally liable for debts contacted for, or otherwise incurred by the Association, or for a tort of another Member, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, its 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. Reserve Funds. The Board may establish reserve funds, for such purposes as may be determined by the Board, which may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions and are not net income to the Association. Expenditures from any such fund will be made at the direction of the Board. The reserve fund provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the subdivision, and maintaining the subdivision and improvements therein, all as may be more specifically authorized from time to time by the Board of Directors. Case No. Attachment G ZA13-067 Page 68 INSURANCE; REPAIR AND RESTORATION Right to Purchase Insurance. The Association shall have the right and option to purchase, carry and maintain in force insurance covering any or all portions of the Common Properties, the improvements thereon and appurtenant thereto, for the interest of the Association and of all Members thereof, in such amounts and with such endorsements and coverage as shall be considered good sound insurance coverage for properties similar in construction, location and use to the subject property. Such insurance may include, but need not be limited to: Insurance against loss or damage by fire and hazards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs as determined annually by the insurance carrier. Public liability and property damage insurance on a broad form basis. Fidelity bond for all directors, officers and employees of the Association having control overthe receipt or the disbursement of funds in such penal sums as shall be determined by the Association in accordance with its Bylaws. Officers and directors liability insurance. Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance carrier to the Association or contractors designated by the Association as the Board of Directors may direct. The Association shall us the net insurance proceeds to repair and replace any damage or destruction of property, real or personal, covered by such insurance. Any balance from the proceeds of insurance paid to the Association, as required in this Article, remaining after satisfactory completion of repair and replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties. Insufficient Proceeds. If the insurance proceeds are insufficient to repair or replace any loss or damage, the Association may levy a special assessment as provided for in Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient to repair or replace any loss or damage for which an Owner is bound hereunder, such Owner shall, as such Owner's undivided responsibility, pay any excess costs of repair or replacement. Mortgagee Protection. There may be attached to all policies of insurance against loss or damage by fire and other hazards, a mortgagee's or lender's loss payable clause; provided, however, that amounts payable under such clause to the mortgagee may be paid to the Association to hold for the payment of costs of repair or replacement, subject to the provisions of Section 7.2 hereof. The Association shall be responsible to hold said monies or to collect additional monies if the proceeds are insufficient to pay for the cost of all repairs or replacements and shall ensure that all mechanics', materialmen's and similar liens which may result from said repairs or replacements are satisfied. Case No. Attachment G ZA13-067 Page 69 Destruction of Improvements on Individual Lots. In the event of destruction (total or partial) to the improvements on any individual Lot due to fire or any other cause each Owner covenants and agrees to clear and remove any and all debris resulting from such damage within two (2) months after the date that the damage occurs and to complete all necessary repairs or reconstruction of the damaged improvements within one (1) year after the date that the damage occurs. USE OF COMMON PROPERTIES Restricted Actions by Owners. No Owner shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which will result in the cancellation of or increase of any insurance carried by the Association. No waste shall be committed in or on the Common Properties. Damage to the Common Properties. Each Owner shall be liable to the Association for any damage to the Common Properties caused by the negligence or willful misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees. Rules of the Board. All Owners and occupants shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and an Owner determined by judicial action to have violated said rules and regulations shall be liable to the Association for all damages and costs, including reasonable attorney's fees, incurred by the Association in connection therewith. USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS "New world luxury, old world charm" sets the standard for the luxury estate homes in the community. Homes will be inspired by Old World European design to reflect a specific style of European architecture including English, French, and Italian. Attached as Exhibit A are the Design Guidelines for the community. The Properties and each Lot situated thereon shall be constructed, developed, reconstructed, repaired, occupied and used as follows: Residential Purposes. Each Lot (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy such Owner's Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family detached residence for the Owner or such Owner's tenant and their families and domestic servants employed on the premises. As used herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of any Lot for a duplex, duplex apartment, garage apartment, or other apartment use, commercial or professional uses. Minimum Lot Area. No Lot shall be resubdivided; provided, however, that Declarant shall have and reserves the right, at anytime, or from time to time, upon the joinder and consent of the appropriate county and/or municipal authorities, and Case No. Attachment G ZA13-067 Page 70 with the joinder and consent of the directly affected Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration of any Lots then owned by Declarant, so long as, such replat results in each resubdivided Lot containing not less than the minimum lot size prescribed by the zoning ordinances of the City of Southlake, Texas. Owners shall not unreasonably withhold or delay their joinder in or consent to the replat or amendments to the Plat. The privilege to replat Lots owned by the Declarant reserved in this Section shall be exercisable only by Declarant. Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. Each dwelling constructed on any Lot in the subdivision shall contain a minimum of three thousand five hundred (3,500) square feet. If a dwelling has more than one story, then the dwelling shall contain a minimum two thousand five hundred (2,500) square feet on the first floor. The Design Review Committee is authorized and empowered to grant variances to the minimum square footage required by this Section; provided that, no variance will reduce the minimum required square footage by more than ten percent (10%). Combining Lots. Any person owning two or more adjoining Lots may consolidate such Lots into a single building location for the purpose of constructing one (1) residential structure thereon (the plans and specifications therefor being approved as set forth in this Declaration) and such other improvements as are permitted herein; provided, however, any such consolidation must comply with the rules, ordinances and regulations of any governmental authority having jurisdiction over the Properties. In the event of any such consolidation, the consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of this Declaration; provided, however, such Owner shall continue to pay assessments on such Lots as if such Lots had not been consolidated and shall be entitled to one vote for each Lot (determined prior to such consolidation) owned by such Owner. Any such consolidation shall give consideration to easements as shown and provided for on the Plat and any required abandonment or relocation of any such easements shall require the prior written approval of Declarant as well as the prior written approval of any utility company having the right to the use of such easements. Combining of portions of Lots into a single building site is prohibited. Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved in writing by the Design Review Committee. Erosion Control; Storm Water Management. During the construction of improvements on the Lots and prior to the landscaping of such Lots, measures will be take to prevent excessive erosion of Lots, causing silt to be deposited in streets and/or alleys and in the storm drainage. Utilities. Each residence situated on a Lot shall be connected to the water and sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool, or septic tank shall be placed or maintained upon or in any Lot. However, one or more portable toilets as determined by the Design Review Committee will be required during building construction. The installation and use of any propane, butane, LP Gas or other gas taken, bottle or cylinder of any type (except portable gas grills), shall require the prior written approval of the Design Review Committee, and the Design Review Committee may require that such tank, bottle or cylinder Case No. Attachment G ZA13-067 Page 71 be installed underground. Any control boxes, valves, connections, utility risers or refilling or fueling devices shall be completely landscaped with shrubbery so as to obscure their visibility from the streets. Timing of Construction. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work, all interior walls, ceilings, and doors shall be completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed not later than eighteen (18) months following the commencement of construction. For the purposes hereof, the term "commencement of construction" shall be deemed to mean the date on which the foundation forms are set. Building Permits. The Building Inspector of the City of Southlake or other municipal authority, is hereby authorized and empowered to revoke, as the case may be, any and all permits for construction of improvements of any kind or character to be erected on any Lot, if such improvements do not conform to and comply with these Covenants and Restrictions. Trash Receptacles and Collection. Each Lot Owner shall make or cause to be made appropriate arrangements with the City of Southlake, Texas, for collection and removal of garbage and trash on a regular basis. If the Owner fails to make such provisions, the Association may do so and assess the costs thereof to the Owner. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City of Southlake, Texas, and/or the Association, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of metal, plastic or masonry materials, with tightly -fitting lids, or other containers approved by the City of Southlake, Texas, and which shall be maintained in a clean and sanitary condition. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either be removed from the Lot or store in a suitable enclosure on the Lot. Window Coolers. No window or wall type air -conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential building on any part of the Properties. Case No. Attachment G ZA13-067 Page 72 Antennas Restrictions. No radio or television aerial wires or antennas shall be maintained on the outside of any building nor shall any free standing antennas of any style be permitted. All radio or television aerial wires or antennas must be built within the main structure and must not be visible from outside of such structure. The location of all satellite dishes (including mini -dishes) shall be subject to the prior written approval of the Design Review Committee. In general, no mini -dish should be plainly visible and full-size satellite dishes must be screened so that they are not visible from public streets, Common Properties or adjoining Lots. Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location, except for a sale, pre -sale or construction trailer. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall be stored, placed or parked within the garage of the appropriate Owner, or screened and concealed, so that they are concealed from view from adjoining Lots, Common Properties, or public streets, unless approved in writing by the Design Review Committee. Recreation equipment or structures (for example, play houses, tree houses, swing sets, trampolines, batting cages) should be screened and concealed from view from adjoining Lots, Common Properties, or public streets, unless approved in writing by the Design Review Committee. Provided however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit buildings to erect, place and maintain such facilities in and upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements on the Properties. Such facilities may include, but not necessarily be limited to, a temporary office building, storage area, signs, portable toilet facilities and sales office. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with the construction and sales operations on the Properties, but in no event shall a builder have such right for a period in excess of one (1) year after the date of substantial completion of his last residence on the Properties. Parking. On -street parking is restricted to approved deliveries, pick-up or short -time guests and invitees and shall be subject to such reasonable rules and regulations as shall be adopted by the Board of Directors. Parking in driveways is permitted. Signs. No signs or flags shall be displayed to the public view on any Lot without the prior written approval of the Design Review Committee, with the following exceptions: (i) Declarant may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the Lots; (ii) the patriotic display of flags not exceeding 4' x 6' in size shall be permitted on customary holidays; and (iii) signs of customary dimensions (3' x 4' maximum) advertising said property or portions thereof for sale. Notwithstanding anything herein Case No. Attachment G ZA13-067 Page 73 contained to the contrary, any and all signs, if allowed, shall comply with all sign standards of the City of Southlake, Texas, as such standards may be applicable to the Properties. Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in conjunction with landscaping or construction of improvements thereon. Drilling and Mining Operations. No oil drilling, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Water wells are permitted. Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to the other Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept on any residential Lot, except that: dogs, cats or other household pets [not to exceed three (3) adult animals] may be kept, provided that they are not kept, bred or maintained for commercial purposes; if an Owner owns two or more Lots that have been combined into one platted Lot or are adjacent to each other and used in combination with each other for a single residential dwelling, then such Owner may keep a maximum of one horse for each such extra Lot (i.e. no horse is allowed for an Owner of a single Lot, but one horse is allowed for each extra Lot owned in addition to a single Lot, provided that the additional extra Lots are adjacent to and used in combination with the single Lot). Duty of Maintenance. Owners and occupants (including lessees) of any Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and expense, to keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage easements or other rights -of -way incident thereto, and vacant land, in a well -maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following: Prompt removal of all litter, trash, refuse and waste; Lawn mowing on a regular basis; Tree and shrub pruning; Watering landscaped areas; Keeping exterior lighting and maintenance facilities in working order; Keeping lawn and garden areas alive, free of weeds, and attractive; Keeping parking areas, driveways, curbs and roads in good repair; Case No. Attachment G ZA13-067 Page 74 Complying with all government health and police requirements; Repair of exterior damages to improvements; Cleaning of landscaped areas lying between street curbs and Lot lines, unless such streets or landscaped areas are expressly designated to be Common Properties maintained by applicable governmental authorities or the Association; and Repainting of improvements. If, in the opinion of the Association, any such Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association may give such person written notice of such failure and such person must within ten (10) days after receiving such notice, perform the repairs and maintenance or make arrangements with the Association for making the repairs and maintenance required. Should any such person fail to fulfill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such repair and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. Notwithstanding the provisions of subsection (b) above, if, at any time, an Owner shall fail to control weeds, grass and/or other unsightly growth, the Association shall have the authority and right to go onto the Lot of such Owner for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect form the Owner of said Lot a sum up to two (2) times the actual cost to the Association for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. If, at any time, weeds or other unsightly growth on the Lot exceed six inches (6") in height, the Association shall have the right and authority to mow and clean the Lot, as aforesaid. The Owners and occupants (including lessees) of any Lot on which work is performed pursuant to this Section shall, jointly and severally, be liable for the cost of such work and shall promptly reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association within thirty (30) days after receipt of a statement for such work from the Association, then said indebtedness shall be a debt of all said persons, jointly and severally, and shall constitute a lien against that portion of the Properties on which said work was performed. Such lien shall have the same attributes as the lien for assessments and special assessments set forth in this Declaration, and the Association shall have the identical powers and rights in all respects, including but not limited to the right of foreclosure. Maintenance of Common Properties. All landscaping and improvements placed or erected on the Common Properties by Declarant shall be owned and maintained by the Association. DESIGN REVIEW COMMITTEE Design Review Committee. Until at least ninety percent (90%) of the Lots have completed residences constructed thereon and shall be occupied by the Owners thereof, the Design Review Committee, shall be composed of three (3) or more individuals selected and appointed by the Declarant. At such time as at least ninety percent (90%) of the Lots have completed residences constructed thereon and shall be occupied by the Owners thereof, the Design Review Committee shall be composed of such individuals selected by a vote of the Members taken in accordance with Section 3.3 hereof. The Design Review Committee shall use its best efforts to promote and ensure a high level of quality, harmony and conformity Case No. Attachment G ZA13-067 Page 75 throughout the Properties. The Design Review Committee shall function as the representative of the Owners for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential development. A majority of the Design Review Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Design Review Committee, the remaining members shall have full authority to designate and appoint a successor. No member of the Design Review Committee, nor their designated representative, shall be entitled to any compensation for services performed hereunder nor be liable for claims, causes of action or damages (except where occasioned by gross negligence or arbitrary and capricious conduct) arising out of services performed, actions take, or inactions in connection with any undertaking, responsibility, or activity hereunder or request for action hereunder. At any time, the Declarant may delegate and assign to the Board of Directors, all of the Declarant's power and right to change the membership of the Design Review Committee, to withdraw or add powers and duties from or to the Design Review Committee, or to restore the powers and duties of the Design Review Committee. Such action by the Declarant shall be effective upon recordation of a written instrument properly reflecting same in the Office of the County Clerk of Tarrant County, Texas. Architectural Approval. No building, structure, fence, wall or improvement of any kind or nature shall be erected, constructed, placed, altered, changed or modified on any Lot until the plot plan showing the location of such building, structure, paving or improvement, construction plans and specifications thereof and landscaping and grading plans therefor have been submitted to and approved in writing by the Design Review Committee as to: (i) location with respect to Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots and improvements situated thereon; and any drainage arrangement, (ii) conformity and harmony of external design, color, texture, type and appearance of exterior surfaces and landscaping with existing structures and existing landscaping, (iii) quality of workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets; and (iv) the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth in bulletins promulgated by the Design Review Committee. The Design Review Committee is authorized to request the submission of samples of proposed construction materials or colors of proposed exterior surfaces. Design Review procedures are set out in the Design Guidelines. The Design Review Committee is authorized and empowered to consider and review any and all aspects of dwelling construction, construction of other improvements and location, quality and quantity of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable opinion of the Design Review Committee, adversely affect the living enjoyment of one or more Owner(s) or the general value of the Properties. As an example, and not by way of limitation, the Design Review Committee may impose limits upon the location of window areas one residential dwelling which would overlook the enclosed patio area of an adjacent residential dwelling. Also, the Design Review Committee is permitted to consider technological advances in design and materials and such comparable or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Design Review Committee. The Design Review Committee may, from time to time, publish and promulgate architectural standard bulletins which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Such bulletins shall supplement these Covenants and Restrictions and are incorporated herein by reference. The Design Review Committee shall have the authority to make final decisions in interpreting the general intent, effect and purpose of these Covenants and Restrictions. Case No. Attachment G ZA13-067 Page 76 Variances. Upon submission of a written request for same, the Design Review Committee may, from time to time, in its sole discretion, permit Owners to construct, erect, or install improvements which are in variance from the Design Guidelines, architectural standards, the Covenants and Restrictions, orthe previously published architectural bulletins which are provided in this Declaration or which may be promulgated in the future. In any case, such variances shall be in basic conformity with and shall blend effectively with the general architectural style and design of the community; provided, however, in no event shall any such variance reduce required floor area by more than ten percent (10%). No member of the Design Review Committee shall be liable to any Owner or other person claiming by, through, or on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting or denial of, or other action or failure to act upon, any variance requested by an Owner or any person acting for or on behalf of any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart form other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Design Review Committee's right to strictly enforce the Covenants and Restrictions, architectural standards or published architectural bulletins provided hereunder against any other Owner. Each such written request must identify and set forth in detail the specific restriction or standard from which a variance is sought and describe in complete detail the exact nature of the variance sought. Any grant of a variance by the Design Review Committee must be in writing and must identify in narrative detail both the standards from which a variance is being sought and the specific variance being granted. Nonconforming and Unapproved Improvements. The Association may require any Owner to restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved improvement) if such improvements were commenced or constructed in violation of this Declaration. In addition, the Association may, but has no obligation to do so, cause such restoration, demolition and removal and levy the amount of the cost thereof as a special individual assessment against the Lot upon which such improvements were commenced or constructed. No Liability. Neither Declarant, the Association, the Design Review Committee, the Board, nor the officers, directors, members, employees and agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the Association, the Design Review Committee, the Board, or the officers, directors, members, employees or agents of any of them, to recover any such damages and hereby releases and quitclaims all claims, demands and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is giving. Plans and specifications are not approved for engineering or structural design or adequacy of materials, and by approving such plans and specifications neither the Design Review Committee, the members of the Design Review Committee, the Declarant nor the Case No. Attachment G ZA13-067 Page 77 Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. IMreF-]MIJiIMIk111 V Ingress and Egress by the Association. The Association shall, at all times, have full rights of ingress and egress over and upon each Lot for the maintenance and repair of each Lot and the Common Properties in accordance with the provisions hereof, and for the carrying out by the Association of its functions, duties and obligations hereunder; provided, that any such entry by the Association upon any Lot shall be made with as little inconvenience to the Owner as practical, and any damage caused by the Association's entry, other than damages caused by the Owner, shall be repaired by the Association at the expense of the Association. General. The rights and duties of the Owners with respect to sanitary sewer, water, electricity, natural gas, telephone and cable television lines and drainage facilities shall be governed by the following: Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities or any portion thereof lie in or upon Lots owned by any party other than the Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shall have the right and are hereby granted an easement to the full extent necessary therefore, to enter upon the Lots within or upon which said connections, lines or facilities or any portion thereof lie to repair, replace and generally maintain said connections, lines or facilities as and when the same may be necessary. Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities serve more than one Lot, the Owner of each Lot served by said connections, lines or facilities shall be entitled to the full use and enjoyment of such portions of said connections, lines or facilities which service such Owner's Lot. Reservation of Easements. The right and power to grant Easements over the Lots and Common Properties for the installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer lines and drainage facilities are hereby reserved by the Declarant, together with the right to grant and transfer same. Surface Areas of Utility Easements. Easements for installation and maintenance of utilities are reserved as shown and provided for on the plat. Underground electric, storm sewer, sanitary sewer, water, natural gas and telephone service shall be available to all Lots in the subdivision. Easements for the underground service may be crossed by driveways, walkways, patios, brick walls and fences, provided the Declarant or builder makes prior arrangements with the utility companies furnishing electric, storm sewer, sanitary sewer, water, natural gas and telephone service and provides and installs any necessary conduit of approved type and size under such driveways, walkways, patios, brick walls or fences prior to construction thereof. Case No. Attachment G ZA13-067 Page 78 Such easements for the underground service shall be kept clear of all other improvements, and neither the grantee nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed as outlined above) of the Owner located on the Lot covered by said easements. In addition, the utility easements shall not be used in alleyways. Emergency and Service Vehicles. An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon the Common Properties, including but not limited to private streets, in the performance of their duties; and further, an easement is hereby granted to the Association, its officers, directors, agents, employees and management personnel to enter the Common Properties to render any service. Universal Easement. The Owner of each Lot (including Declarant so long as Declarant is the Owner of any Lot) is hereby granted an easement not to exceed one (1) foot in width over all adjoining Lots and Common Properties for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to willful misconduct of said Owner or Owners. GENERAL PROVISIONS Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/or any Owner, their respective legal representatives, heirs, successors and assigns, fora term of thirty-five (35) years from the date that this Declaration is recorded in the Office of the County Clerk of Tarrant County, Texas, after which time these Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the Members entitled to cast seventy-five percent (75%) of the votes of the Members of the Association has been recorded in the Office of the County Clerk of Tarrant County, Texas, agreeing to abolish or terminate these Covenants and Restrictions; provided, however, that no such agreements to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. Amendments. Notwithstanding the terms and provisions of Section 11.1 hereof, this Declaration may be amended, modified and/or changed as follows: During the time Declarant is a Member, the Declarant may amend or change this Declaration with the consent of at majority vote of the Members constituting a quorum; In all other situations, this Declaration may be amended or changed upon the express written consent of at least seventy percent (70%) of the outstanding votes of all Members of the Association. Case No. Attachment G ZA13-067 Page 79 Any and all amendments to this Declaration, shall be recorded in the Office of the County Clerk of Tarrant County, Texas. Notwithstanding the prior provisions of this Section 11.2, the Declarant may execute and record amendments to this Declaration without such consent or approval if the amendment is for the purpose of correcting technical or typographical errors or for clarification only. Enforcement. Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, or to recover damages, or to enforce any lien created by these Covenants and Restrictions; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Severability. Invalidation of any one of these Covenants and Restrictions byjudgment or court order shall in no wise affect any other provision of this Declaration or the remainder of these Covenants and Restrictions which shall remain in full force and effect. Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. Notices to Member/Owner. Any notice required to be given to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the Association of its address and the identity of the Lot and Owner covered by and granting such mortgage, then such holder(s) shall be entitled to receive, written notification from the Association of any default by the respective Owner in the performance of such Owner's obligations as established by this Declaration. Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or by Bylaws of the Association shall be determined by the Board of Directors, whose determination shall be final and binding upon all Owners. Termination of and Responsibility of Declarant. If Declarant shall convey all of its right, title and interest in and to the Properties and assign all its rights, benefits and obligations as Declarant hereunder to any partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. Case No. Attachment G ZA13-067 Page 80 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the date first written above. TERRA/HIGHLAND OAKS, LP, a Texas limited partnership By: Terra/Highland Oaks, LLC, a Texas limited liability company Its: General Partner By: Bobby Harrell, Vice President ACKNOWLEDGEMENT This instrument was acknowledged before me on October , 20_ by Bobby Harrell, Vice President of Terra/Highland Oaks GP, LLC, a Texas limited liability company, the General Partner of Terra/Highland Oaks, LP, a Texas limited partnership. NOTARY PUBLIC, STATE OF TEXAS LIENHOLDER'S CONSENT AND SUBORDINATION The undersigned, is the holder of certain liens against Highland Oaks, including liens evidenced by that certain Deed of Trust dated December 20, 2007 recorded in the Real Property Records, Tarrant County, Texas (which together with all related liens and modifications are collectively referred to herein as the "Deed of Trust"). Lender consents to the foregoing Declaration of Covenants, Conditions and Restrictions (the "Declaration") and agrees that the above described deed of trust lien together with any other liens or vendor liens held by Lender in regard to the Properties shall be subordinate to the terms of the Declaration. Notwithstanding the foregoing consent and subordination, Lender is not consenting to or approving any action or document that may hereafter be taken or executed in accordance with the terms of such Declaration, if such action or document is otherwise prohibited by the documents that evidence, relate to or secure the loan secured by the Deed of Trust. In addition, this consent shall not act to limit or otherwise affect any right that Lender, as the holder and/or beneficiary of a lien on any of the Properties and/or the Lots, has under the Declaration including, without limitation, the superior nature of Lender's liens to the liens securing Assessments. Also, Lender is not consenting to or agreeing with any amendment or modification of the Declaration made without the prior written consent of Lender. By: Print Name: Print Title: Case No. Attachment G ZA13-067 Page 81