Big Cedar-AG 911008 (2)AGENDA REQL
October 8, 1991
ITEM
ITEM CAPTION:
PUBLIC HEARING
Consideration and approval of a zoning cbange request, Case -119 (Big Cedar
(SF-9) Single-Family-9, to (PD-SF-9) Planned
along the west side of Bethel School Road a~d approximately 400'
request of Matthews S.W. Investments.
Road,
from
SUBMITTED BY:~
STAFF
OTHER
Date of Planning & Zoning Meeting: Septembe~ 19, 1991
Gary L. Sieb,
DATE:
a~
Director
Decision of Planning & Zoning Commission:
conditions:
Approved (3-1, Green opposed) with the following
1) that the developer limit the number of exceptimm to the side yard setback to 14 lots;
that they address the entry with a monument sign and landscaping;
3) that they address the access easement with a sidewalk and landscaping;
4) that they provide an alley behind Lots 37 through 41; and
5) that the developer provide a tree surve~ for the development
As Council will rer-:~11, during discussion involving the cul-de-sacing of Bethel School Road,
the Fire Department had co~ceim with fire protectien response time if acces~ at Bethel ~nd
Bethel School was eliminated. To addr~m this coacern, the r~=presentatives of both University
Park (now known as Big Cedar) and Co,retry Place, agreed to sprinkler houae~ built in those
subdivisimxs if Bethel School was removed from the thoroughfare pl~. and down-graded to a
local street.
BUDGET AMT.
AMT +/- BUDGET
The h~presentative of Big Cedar co~tenda ~_hat auch an agreement wes never "offi~i=lly' adopted,
(see letter dated October 4, 1991), aha sprinklered houses should not be a cenditien of zoning
and plat apiz~ovaL Staff ~ ad r~commends that the sprinkler comiitien be dearly stated
in considering both the zoning and subdivisien plat.
N/A
AMT. EKIqMATRD
FINANCIAL REVIEW BY ~
/
LEGAL REVIEW BY:
REVIEWED BY CM: _~ ~f~,
CASE
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-119 - (BIG CEDAR ADDITION)
P & Z HEARING DATE: September 19, 1991
C. C. HEARING DATE: October 8, 1991
LOCATION:
Along the west side of Bethel School Road and approximately
400' north of Bethel Road.
SIZE OF AREA: 18.176 Acres of which 3.87 acres is dedicated park land.
REQUEST:
Zoning change from (SF-9) Single-Family-9, to (PD-SF-9)
Planned Development Single-Family-9, for the construction
of single family homes.
APPLICANT:
Matthews Investments
(Developer)
Mr. Tim house
5220 Spring Valley Rd.
Suite #500
Dallas, Texas 75240
(214) 934-0123
Goodwin & Marshall, Inc.
(Engineers)
Mr. Matt Goodwin
6001 Bridge Street
Suite #100
Ft. Worth, Texas 76112
(817) 429-4373 (Metro)
HISTORY:
In June of 1989, City Council recommended a change in
zoning from (C) Commercial to (PD-SF-9) Planned Development
Single-Family-9 on a parcel then known as "University Park"
consisting of 21.5 acres, (of which this application is a
part), containing 39 individual lots. At the same time,
Council recommended approval of a 13.95 acre tract directly
east of this parcel (Country Estates), to be rezoned to
(SF-12) Single-Family-12, and contained 29 lots. Zoning
was based on improvements being made to Bethel School
Road. Because of the expense to improve Bethel - in excess
of $800,000 - the road was not built and neither zoning
case was platted nor built-out.
ITEM 6
TRANSPORTATION:
Bethel School Road has been recommended to be down graded
from a two-lane undivided 65' right-of-way collector
thoroughfare to a residential dead-end street contained
within a 50' right-of-way, provided zoning on both sides is
residential.
SURROUNDING LAND USE & ZONING:
North - single-family residential; (PD-SF-9) zoning
South - undeveloped sparsely developed residential;
(C) Commercial zoning
East - undeveloped; (C) Commercial zoning
West - single-family & vacant; (PD-SF-9) & ($F-9) zoning
COMPREHENSIVE PLAN:
The plan calls for low density, single-family development
ANALYSIS:
Staff has had a continuing problem with the applicant in
this case, which began with the Chautaugua rezoning. As
you will recall in that case, a request was submitted to
rezone from (MF-2) Multi-Family-2 to (PD-SF-7) Planned
Development-7. We had an extremely difficult time
justifying a PD vs. straight (SF-7) zoning, (no
landscaping, screening walls, community identity, special
architectural treatments, etc.), and it was staff's
conclusion that the elimination of alleys was the only
reason for asking for a PD. That case was partially
salvaged when the applicant expressed some willingness to
preserve a tree on the site, and included a landscape
condition.
This is a second verse of staff's continuing concern with
the use of PD zoning in Coppell. The Zoning Ordinance
states, in part: "Development requirements...may
include...uses, density, lot area, width, depth, height,
elevations, coverage, floor area ratio, parking,
access, screening, landscapin~...siqns, lighting..."
(emphasis added). This plan addresses a few of those
requirements.
We again have the Chautaugua developer requesting a PD for
no justifiable reason other than the elimination of alleys
and five foot side yards - which staff opposes, by the
way. In that we can find no rational reason for asking for
PD zoning the applicant is not abiding by our Zoning
Ordinance - staff must recommend denial without prejudice
of this request.
There is just not enough information provided to
comfortably rezone this to a PD. We do, however, support a
basic change to residential uses for this property, and
would encourage the applicant to review our PD
requirements, and resubmit this case when those
requirements have been met.
ALTERNATIVES:
1) Approve the zoning change
2) Deny the zoning change
3) Modify the zoning change
ATTACHMENTS:
1) PD Site Plan
2) Letter of explanation from applicant's engineer
PDllg.STF
Goo wIN
ARSHALL .o
CiVil ENGINEERS ~ PLANNERS ~ SURVEYORS
August 21, 1991
Mr. Gary Sieb
Director of Planning and Community SelYices
City of Coppell
255 Parkway Boulevard
Copp~H, Texas 75019
RE: Submittal of Preliminary Plat and Zoning Request for the Big Cedar Addition to the City of
Coppell
Enclosed please find twenty-two (22) copies of the Preliminary Plat, Water and Sewer Layout and
Drainage Study for the proposed Big Cedar Addition to the City of Coppell. Mr. Tim House of
Matthews Investments Southwest, Inc. has previously submitted the completed application form and
the required filing fee of $264. Please review the submittal and place the preliminary plat on the next
Planning and Zoning Commission agenda. I would like to point out that the proposed preliminary
plat maintains a curve in Street "A" that is sub standard to the minimum radius of curvature of 425
feet as established in the City of Coppell subdivision regulations. We are requesting a variance in
this instance to a radius of curvature of 250 feet as shown.
Also enclosed please find twenty-two (22) copies and one (1) 8-1/2"x 11" reduction of a Site Plan for
a zoning change request for the property in question. The request is for PD-SF9 zoning. The
current zoning of the property is SF-9 and C as shown. Previous meetings with Ms. Taryon Bowman
indicate that the Site Plan as submitted will suffice for the zoning change submittal. Please be
advised of the following stipulations to the PD zoning:
1) Minimum Lot Size = 9,000 square feet
2) Minimum Dwelling Size = 2,000 square feet with the exception of
* Lots 1-3, 6-13, 15, 16 maintain minimum dwelling size = 2,500 square feet
3)
Lot Width at Building Hn¢ = 75 feet with the exception of
* Lots 9-13, lot width of 55 feet
* Lots 18-22, 29-33, lot width of 60 feet
4) Front Yard Setback = 25 feet with the exception of
* Lots 3-5, front yard setback = 22 feet
5) Side Yard Setback = 5 feet
6001 BRiDge STREET, SUITE 100 / FORT WORTH, TEXAS 76112 / 817-429-4373 (METRO)
Mr. Gary Sieb
August 21, 1991
Page 2 of 2
6) Rear Yard Setback = 20 feet
7) Total of 41 Lots
Mr. Tim House has also previously submitted the completed application form and the required filing
fee of $690. Gary, we appreciate your assistance in this matter. If you have any questions or
comments, please feel free to call.
Sincerely,
D. Matthew Goodwin, P.E.
DMG/jc
CC: Mr. Tim House
Mr. Fred Joyce
Ms. Mary Myers
Coppell City Council
255 Parkway Blvd.
Coppell, TX 75019
3 0
September 30, 1991
Dear Sirs,
~, the Hunte~ood homeowners, wish to express our concern and displeasure with
the proposed alleyway in the Big Bend addition behind our homes. IYe would
appreciate your reconsideration and need of this alley for the following reasons:
1. Statistics have shown in our community that crime occurs most often in homes
with rear access.
2. The alley would necessitate the removal of several large trees which would
require us to substitute nature for concrete.
3. We currently enjoy the peace and quiet of our backyards. We do not want to
trade this for auto pollution and noise.
4. All of our homes in Hunterwood have front entries and we would like to see
this trend continued in Big Bend.
~Ve urge you to remove the alley from the plan. With the exception of the alley, we
are pleased with the proposed developnmnt.
Thank you.
cc: Mayor Mark Wolfe
September 30, 1991
Ms. Taryon Bowman
Planning & Zoning Coordinator
255 Parkway Blvd.
Coppell, Texas 75019
RE: Big Cedar Zoning / Plat
Dear Tatyon:
Goodwin & Marshall, consulting engineers for the referenced project, has advised me that
you require a draft of our proposed HOA document. Please note that the attached is in
form basically consistent with the Creekview Estates document.
Should you have any questions about this or other related items, please call.
Sincerely,
MATTHEWS SOUTHWEST
Tim House
Vice President
TH/llw
DECLARATION OF COVENANTS AND RESTRICTIONS
THE STATE OF TEXAS
COUNTY OF DALLAS
These Covenants made as of the
Street, a Texas general partnership.
day of October, 1991 by Carmen &
WlTNESSETH:
Whereas, Developer desires to establish the Land as a planned unit development
consisting of lots which are individually owned in fee simple;
Whereas, Developer desires to establish certain covenants, easements, and restrictions
for the mutual benefit and protection of the Owners;
Now, therefore, Developer does hereby publish and declare that the following terms,
provisions, covenants, conditions, easements, restrictions, reservations, uses, limitations, and
obligations shall run with the Land, and shall be a burden and benefit to the Developer, the
Owners and their respective heirs, legal representatives, successors, and assigns:
ARTICLE I
DEFINITIONS
Section 1.01 As used in these Covenants, the following terms shall have the meaning
set forth below:
(a) "Association" shall mean BIG CEDAR ESTATES OWNERS
ASSOCIATION, a Texas non-profit corporation, created for the purposes and
possessing the rights, powers, and authority set forth herein and in the Charter.
(b) "Board of Directors" shall mean the Board of Directors of the
Association named in the Charter and their successors as duly elected and qualified
fi.om time to time.
(c) "Building" shall mean any vertical structure located on the Land.
(d) "Bylaws" shall mean the Bylaws of the Association initially adopted by
the Board of Directors, as duly amended fi.om time to time.
(e) "Charter" shall mean the Articles of Incorporation of thc Association
filed with the Secretary of State of Texas as duly amended fi.om time to time.
(g) "Covenants" shall mean the covenants, conditions, easements, charges,
servitudes, liens, reservations, and assessments set forth herein.
(h) "Deed" shall mean a deed or other instrument conveying the fee simple
title to a Lot.
(i) "Developer" shall mean Carmen & Street, a Texas general partnership,
and any party to whom it shall expressly assign in writing its rights, powers, privileges,
or prerogatives hereunder.
(j) "First Lien Indebtedness" shall mean any indebtedness secured by a first
and prior lien or encumbrance upon a Lot.
(k) "First Mortgage" shall mean any bank, insurance company, savings and
loan association, mortgage company, agency, or instrumentality of the United States
Government or other institutional holder of First Lien Indebtedness.
(1) "Land" shall mean that certain tract of land located in Dallas County,
Texas and more particularly described in Exhibit "A" attached hereto and made a
part hereon, together with all and singular the rights and appurtenances pertaining
thereto.
(m) "Lot" or "Lots" shall mean, individually or collectively, those certain lots
designated as Block 1, Lots 1-41, in the Big Cedar Addition, City of Coppell, Dallas
County, Texas.
(n) "Owner" shall mean and refer to the person or persons, entity or
entities, who own of record fee simple title to a Lot. The term "Owner" to exclude
any person or persons, entity or entities, having an interest in a Lot merely as a
security for the performance of an obhgation and the term "owner" to include
Developer if Developer is a record owner of fee simple title to a Lot.
(o) "Plat" shall mean that certain Plat depicting Big Cedar, an addition to
the City of Coppell, Dallas County, Texas, as the same may be amended from time
to time.
(p) "Residence" shall mean that portion of a Building which is located
wholly on a LOt and which is designed as a single-family dwelling unit (including that
portion of any such Residence which is a garage for parking of automobiles).
ARTICI JF~ II
GENERAL PROVISIONS
Section 2.01 The land shall be subject to the Covenants and said Covenants shall run
with, be for the benefit of, and bind and burden the Land.
2
Section 2.02 The C~ znants shall be binding upon and for z benefit of each owner
and his heirs, executors, administrators, trustees, personal representatives, successors, and
assigns, whether or not so provided or otherwise mentioned in the Deed.
ARTICLE III
USE RESTRICTIONS
Section 3.01 All lots w/thin the land are hereby restricted as follows:
(a) All lots shall be used for single-family residential purposes only. No
Building or structure shall be erected, altered, placed, or permitted to remain on any
Lot other than a single-family dwelhng and, if any, its customary and usual accessory
structure (unless prohibited herein). No Building or structure intended for or
adapted to business purposes shall be erected, placed, permitted, or maintained on
such premises, or any part thereof, save and except those related to development,
construction, and sales purposes of the Developer. This covenant shall be construed
as prohibiting the engaging in or practice of any commerce, industry, business, trade,
or profession on any Lot. The restrictions on use herein contained shall be
cumulative of, and in addition to, such restrictions on usage as may from time to time
be applicable under and pursuant to the statues, rules, regulations, and ordinances
of the City of Coppell, Texas, or any other governmental authority having jurisdiction
over any Lot.
(b) No Residence constructed on Lots 1-3, 6-13, and 15-16 shall contain
less than 2,500 square feet of fully enclosed floor area devoted to living purposes
measured from exterior wall to exterior wall. No Residence constructed on any other
Lots shall contain less than 2,000 square feet of fully enclosed floor area devoted to
living purposes measured from exterior wall to exterior wall. The fully enclosed floor
area devoted to living purposes shall be exclusive of porches, terraces, garages, and
other areas not heated or air conditioned. In addition to the foregoing, all
Residences shall have a fully attached garage of sufficient size for at least two
automobiles.
(c) No exterior television, radio, satellite disk, or other antenna of any type
shall be placed, allowed, or maintained upon any Lot or Building without prior
written approval and authorization of the Architectural Control Committee, as
hereinafter defined.
(d) At least seventy percent (70%) of the exterior walls of the first floor
of each Building on a Lot shall be of masonry construction exclusive of doors and
windows. Each storage above the first story of a Residence shall have masonry
coverage consistent with the City of Coppell, Texas. Stucco type exteriors may be
permitted, ff approved by the Architectural Control Committee.
(e) No exterior storage of any items of any kind shall be permitted except
with prior written approval and authorization of the Architectural Control
Committee. Any such storage as is approved and authorized shall be in areas
attractively screened or concealed (subject to all required approvals as to
architectural control) from view from neighboring property, pathways, and streets.
3
This provisi n shall ....
appl~, without ~lm~tat~on, to wood piles, campers, traders, boat traders, travel trml-
ers, ooats, mobil homes, and unmounted pickup camper units. Also without limita-
tion, no automobile, truck, unregistered vehicle, or other vehicle, regardless of own-
ership, age, condition, or appearance shall remain on any lot in any manner which
couldbe construed as being stored, neglected, abandoned, or otherwise not in fre-
quent use, except pursuant to written approval and authorization of the Architec-
tural Control Committee.
(f) No garbage or trash will be placed about the exterior of any Building,
except in receptacles meeting the specifications of the City of Coppell, Texas, and
the Architectural Control Committee, and the placement, maintenance, and
appearance of all such receptacles shall be subject to reasonable rules and regula-
tions of the the Architectural Control Committee. All rubbish, trash, and garbage
shall be regularly removed from each Lot and shall not be allowed to accumulate
thereon.
(g) No radio, stereo, broadcast, or loud speaker units, and no amplifiers
of any kind shall be .placed upon or outside, or be directed to the outside of any
Building without prior written approval and authorization of the Architectural
Control Committee.
(i) No animals, reptiles, fish, or birds of any kind shall be raised, bred, or
kept on any lot except pursuant to prior written approval of the Architectural Con-
trol Committee, provided, however, that dogs, cats, birds, or fish may be kept
therein as household pets, so long as, in the discretion of the Architectural Control
Committee, such pet is not, or does not become, a nuisance, threat, or otherwise
objectionable to other Owners.
(j) No Lot shall be further subdivided and no portion less than all of any
such Lot (including the garage) or any easement or any other interest therein, shall
be conveyed by any Owner.
(k) No Owner shall permit any thing or condition to exist upon any Lot
which shall include, breed, or harbor plant disease or noxious insects.
(I) No tree, shrub, or plant of any kind on any Lot shall be allowed to
overhang or otherwise encroach upon any sidewalk or any other pedestrian way
from ground level to a height of seven (7) feet without the prior written approval
and authorization of the Architectural Control Committee.
(m) No machinery, fixtures, or equipment of any type, including without
limitation, heating, air conditioning, or refrigeration eqmpmant, and clotheslines,
shall be placed, allowed, or maintained upon the ground on any Lot, except with the
prior written approval and authorization of the Architectural Control Committee,
and then only m areas attractively screened or concealed (subject to all required
approvals as to arehiteattral control) from the view of neighboring property, path-
ways, and streets; and no such machinery, fixtures, or equipment shall be placed,
allowed, or maintained anywhere other than on the ground(such as on the roof)
except if screened or concealed (subject to all required approvals as to architectural
control) in such manner that the screening or concealment thereof appears to be
part of the integrated architectural design of the building and does not have the
appearance of a separate piece or pieces of machinery, fimures, or equipment.
(n) No gas, electric power, telephone, water, sewer, cable television, or
other utility or service lines of any nature or kind shall be placed, allowed, or main-
tained upon or above the ground on any Lot, except along the perimeter boundary
of the Land except to the extent, if any, underground placement thereof may be
prohibited by law or would prevent the subject line from being functional. The
foregoing shall not prohibit service pedestals and above-ground switch cabinets and
transformers where required.
(o) No open fires or burning shall be permitted on any Lot any time, and
no incinerators, or like equipment shall be placed, allowed, or maintained upon any
Lot. The foregoing shall not be deemed to include the use, in customary fashion, or
outdoor residential barbecues or grills.
(p) Except with respect to signs and advertisements placed and main-
rained by the Developer prior to the conveyance by it of all of the Lots, no exterior
signs or advertisements of any type may be placed, allowed, or maintained on any
Lot without prior written approval and authorization of the Ar. chitectural Con~rol
Committee, except for (i) during the applicable initial construction and sales_ period,
one professional sign (of not more than fifteen (15) square feet in size) per Lot may
be utilized for advertising and sales purposes; (ii) thereafter, a dignified "for sale"
sign (of not more than five (5) square feet in size) may be utilized by the Owner of
the respective Lot for the applicable sale situation; and (iii) mailboxes and residen-
tial nameplates may be placed and maintained in conlorrnity with such common
specifications, including without limitations, reasonable restn'ctions, as to size, as
may be adopted by the Architectural Control Committee prior to being displaced on
any Lot.
(q) No repai~ of any detached machinery, equipment, or fixtures,
including without limitation motor vehicles, shall be made upon any portion of any
LOt within view of neighboring prope .rty., pathways, and streets, .without prior written
approval and authorization of the Architectural Control Committee.
(r) No oil exploration, drilling, development or refining operation, and
no quarrying or mining operations of any kind, including oil wells, service, tanks,
tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot;
and no derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained, or permitted on any LOt.
(s) No portion of the land may be developed or redeveloped otherwise
than in accordance with its original intended use, without prior written approval and
authorization of the Architectural Control Corrm~ittee.
(t) No Lot shall be maintained or utilized in such a manner as (in the dis-
crctionary judgment of thc Architectural Control Committee) to present an
unsightly appearance (including, but not limited to, clothes drying within public
view), or as to unreasonably offend the morale of or as to constitute a nuisance or
unreasonable annoyance to, or as to endanger thc health of, other owners or resi-
dents of the Land, and no noxious or otherwise offensive condition or activity shall
be ailowed to exist or to be conducted thereon.
(u) No Lot shall be maintained or utilized in such manner as to violate any
applicable statute, ordinance, or regulation of the United States of America, the State
of Texas, the County of Dallas, the City of Coppell, or any other governmental
agency or subdivision having jurisdiction in the premises.
(v) No Lot shall be maintained or utilized in violation of the Covenants.
(w) Motor vehicles owned or in the custody of any Owner can be parked
only in the garage apron located upon or pertaining to such owner's Lot, or in
parking areas designated by the Architectural Control Committee. No buses, vans
or trucks having a carrying capacity in excess of 3/4 tons or designed for commercial
purposes shall be placed, allowed, or maintained on any Lot, except with prior
written approval and authorization of the Architectural Control Committee in areas
attractively screened or concealed (subject to all required approvals as to
architectural control) from view of neighboring property, pathways and streets.
(x) The garage door on each Lot shall be kept closed at all times except
when such garage is being entered or exited, and all garages which face a public
street shall have automatic garage door openers.
(3') No Building or improvement (fences, etc.) shall be permitted to fall into
disrepair, and any such Building shall at all times be kept in good condition and
repair, adequately painted, or otherwise fi_n_ished.
(z) All utility lines from each Residence to the common utility line (i.e.,
water, gas, sewer, power, etc., utility lines which carry any utility to or sewage from
such Residence) shall be maintained by the Owner of such Residence at his own cost
and expense.
(aa) The Owners of any Lot shall have the fight to lease or rent all, but not
less than all, of such Lot with the Residence of appurtenances thereon. Any such
lease or tenance is and shall be subject to all of the provisions of this Declaration.
(bb) Lots 1 through 13, 15 and 16 of Block 1, contain floodplain/floodway
areas and/or drainage easements within the lots. These drainage areas are to be
maintained by their Owners in open use, and no structures that would impede flow,
nor fenc'mg that would impede flow, may be placed within these drainage areas.
Maintenance of these drainage areas is the obligation of the Lot Owner, and activities
in these areas should be sensitive to possible flooding. There should be no grading,
structural activity, or vegetation removal within these drainage areas that would
promote erosion or impede natural flows through these areas.
6
(cc) Fron. ~ ard or highly visible side yard retain..~ walls shall be of stone
or brick, and other materials such as railroad ties or boards are not permitted unless
specifically approved by the gxchitectural Control Committee.
(dd) Roofing materials shall be of fire resistant wood shingles, tile, asphalt
(300 lb. minimum) or fiberglass composition (240 lb. or 20 years warranty minimum).
Fiberglass composite shingles shall be used to simulate wood shingle textures. All
roofing shall comply with City of Coppell codes.
ARTICLE IV
ASSOCIATION, ORGANIZATION, AND MANAGEMENT
Section 4.01 The Board of Directors of the Association shall consist of not less than
three (3) no more than nine (9) members, the exact number to be fixed in accordance with
the provisions of the Bylaws.
Section 4.02 The Association shall have two classes of voting membership:
(a) Class A: Class A members shall be all Owners with the exception of the
Developer. Class A members shall be entitled to one (1) vote for each Lot which
they own. When more than one person holds record title to a Lot, all such persons
shall be members of the Association; however, 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.
(b) Class B: The Class B member shall be the Developer. The Class B
member shall have a total number of votes equal to one (1) more than the total
number of votes of the Class A members combined. However, on the later of (a)
December 31, 1994, and (b) the time that the total number of Lots owned by the
Class A members first equals or exceeds three (3) times the total number of Lots
owned by the Class B member, the Class B member shall at all times thereafter be
entitled to only one (1) vote for every Lot owned by it. Notwithstanding anything to
the contrary contained herein, the Class B member shall be entitled to only one (1)
vote for each Lot which it then or thereafter owns.
Section 4.03 Each Owner of a Lot shall be a member of the Association, and such
membership shall continue so long as such person or entity continues to be an Owner. The
membership of any Owner in the Association shall be appurtenant to and may not be
separated from record ownership of any Lot, and the transfer of any membership in the
Association which is not made as a part of the transfer of a lot shall be null and void.
Ownership of a Lot shall be the sole qualification of being a member of the Association.
Each Owner shall comply with all rules and regulations as established by the Association
from time to time.
Section 4.04 The Association shall have the duty to maintain all common areas on
the laud and shall have the right, power, and authority to do any act which is consistent with
or required by the provisions of these Covenants or the Bylaws, whether the same be
expressed or implied, including but not limited to the following:
7
(a) The power to levy and collect Assessments (of whatever nature) for
the maintenance, repair, or replacement of the common areas existing on the land
and for such other purposes as are herein provided for;
(b) The power to keep accounting records with respect to ali activities
and operation of the Association, and hire management to provide for administra-
tion of the Association;
(c) The power to contract with and employ others for maintenance and
repair; and
(d) The power to adopt rules and regulations concerning the operation of
the Association.
Section 4.05 The Association, through the Board of Directors, shall have the right
to enforce the Covenants, except and to the extent that the right to enforce certain provi-
sions herein has been granted to the Architectural Control Committee, whether expressly
or by implication. If the Board of Directors shall fail or refuse to enforce these Covenants
for an unreasonable period of time, alter written request to do so, then any aggrieved
Owner may enforce these Covenants on his own behalf by appropriate action, whether in
law or in equity.
ARTICLE V
ASSESSMENTS. MAINTENANCE FUND. AND ASSESSMENT LIENS
~ The Association shall possess the right, power, authority, and obliga-
tion to establish an annual assessment sufficient in the judgment of the Board of Directors
to pay when due all charges and expenses related to the operation of the Association. Such
annual assessments so established shall be payable to by the Owners on the first day .of
each calendar year. 'they shall be applied to the payment of charges for which the Assocm~
tion is responsible, including, without limitation, charges relating to maintenance ann
repair, public liability and other insurance coverage which is requited or permitted to be
maintained by the Association, taxes, assessments, and other governmental impositions not
scparatcly levied and assessed, utilities not separately assessed, professional services (such
as accounting and legal), and such other costs and expen, se.s as.may .re .nsonab. l~, relate to the
proper operation, management, and administration ot me .q.ssocmtmn. v~o consent or
approval of the Owners shall be required for the establishment of the annual assessments
contemplated by this section.
During initial sales and construction phases, Owners other than the original devel-
oper shall pay a pro ram assessment based upon the balance of the remaining calendar
year, to be calculated starting the month following the date of purchase, with one twelfth
(1/12) of the annual assessment calculated for each remaining month of the calendar year.
This pro rata assessment is due and payable within 30 days from the date of purchase.
Thereafter, the assessments are annual as per this section.
~ Prior to the commencement of each calendar year, the Association,
through the Board of Directors, shall prepare and deliver to each of the Owners a bud~et
setting forth the anticipated expenses for the ensuing year. Such budget shall be in stm~-
8
cient detail so as to inform each Owner of the nature and ex'tent of the expenses antici-
pated to be incurred, and shall be accompanied by a statement setting forth each owner's
annual pro rata share thereof and the date on which such annual assessment first com-
mences to be payable. The Board may provide that annual assessments shall be paid
monthly, quarterly semi-annually, or annually. No further communication shall be neces-
saW to establish the amount of each owner's obligation regarding the annual assessment
payable hereunder, and the failure of the Board of Directors to tunely deliver the budget
provided for herein shall in no event excuse or relieve an owner from the payment of the
annual assessments contemplated hereby. Any budget prepared and delivered to the Own-
ers as hereby contemplated may be amended as and to the extent reasonably necessary,
and the amount of an Owner's annual assessment changed, to correspond therewith.
;~.O2 (a) The Annual Assessments shall include reasonable amounts, as
determined by the Board, collected as reserves for the future periodic maintenance,
repair, and/or replacement of all or a portion of the Common Area. All amounts
collected as reserves, whether pursuant to this Section or otherwise, shall be
deposited by the Association in a separate bank a.ccount to be ?,eld in tm. st for the
purposes for which they were collected and are to oe segregatea ~rom ano not eom-
mingled with any other funds of the Association. Assessments collected as reserves
shalI not be considered to be advance payments of regular Assessments.
Section 5.03 In addition to the annual assessments contemplated hereunder, the
Association shall possess the right, power, and authority to establish special assessments
from time to time as may be necessm7 or appropriate in the judgment of the Board of
Directors to pay (i) non,recurring expenses relating to the proper operation, management,
and the admm~stration of the Association, or (ii) non-recurring expenses .relatin.~ to. the
proper maintenance, care, alteration, improvement, or reconstruction ot specmc Lots
(including the Buildings thereon) in the manner hereinafter speciliea.
Section 5.0~ Each Owner shall be personally obligated to pay his ~ro rata shoe of
all assessments established pursuant to these Covenants. Each Owner s pro rata snare
shall be equal to a percentage of the total mount of the as.sessm.ents e.s.tablishe, d pursu~.,t
to these Covenants determined by dividing one by the tota~ numoer ot Lots. Any unpam
assessments shall constitute the personal obligation of the Owner of such Lot at the .m?e
such assessment became due. No Owner shall be entitled to exempt himself from the ha-
bility of such Owner's obligation to pay such assessments by an. ab.a?do ~n~?nt o.f. ~h~s .Lot or.
by any other action whatsoever. Any such assessment not pain wimin nneen (x~) aays ox
the date due shall bear interest at the rate of eighteen percent (18%) per annum, and shall
be recoverable by the Association, together w~th interest as aforesmd and all costs and
?nses of collection of suit, including reasonable attorney's fees, in a court of competent.
sdiction sitting in Dallas County, Texas. It shall be the responsibility of the Board ox
irectors to collect any such delinquent assessments, the existence of which shall be made
lmown by written notice delivered to the defaulting owner and such Owner's First Mort-
gagee.
Section 5.05 An Owner's pro ram share of all assessments established pursu, ant to
these ~hall be secured by a lien upon such Owner's Lot and the Res~de..nce.
located thereon in favor of the Association, which lien shall be prior and superior to an ox
the liens and encumbrances upon such Lot and Residence, regardless of how treated, evi-
denced, or perfected, other than the liens se .eo?in..gthe payment of,l:iirst Li.e.n Indc,.b_t?~,~esns
and the lien for unpaid taxes, assessments, ano omer govemmentm xmposmons. ~uco l ~
9
and encumbrance may be enforced by any means available at law or in *quits', including,
without limitation, a non-judicial foreclosure sale of the Lot of a defaulting owner con-
ducted in accordance with the provisions of V.T.C.A. Property Code Section 51.002 with
the Board of Directors having the power to appoint a trustee to conduct such sale. The
Association or any other Owner may be the purchaser at such foreclosure sale.
Section 5.06 The Association shall promptly transmit to an Owner, such Owner's
First Mortgagee, or any other interested part3' requesting such information, a statement
setting forth the amoun~ of an3' delinquent assessments payable by an owner, as well as the
amount of the annual assessment payable at the time of such request.
IMPROPER MAINTENANCE BY OWNER
~;q:ction 6.01 In the event any Lot (including Building or Residence located
thereon) is, in mejud, g~m....ent of the Arcl~itcaura.1 .Co.ntro..l Commit}e, or. of_th_e,..~..s.~cia.~eo~
through thc Board oI w~rectors, so rnamtamcc oy ~ts c, wnar as to not comply w,u, u,~ .
CovenanLs Or So as to present a public or private nuisance or so as to substantially detract
from the appearance or quali~ of the .neig.hb. oring Lgts
are substantially affecte:d mercr~y or relat, e,~ merato, me ~.r. cmtac.n.U'?l
or me Association, th.rough me Board m ~irectors, may, or. resomuon, make a .nnamg
mat effect specifying that the particular condition or conditions which exist, and pursuant
thereto deliver notice thereof to the offending Owner mat unless corrective action is taken
within ten (10) days, me Association will cause such action to be taken at such owner's
cost. It' at the expiration of said ten (10) day period of time the requisite corrective action
~.~as not been taken, and unless a reasonable extension is approved by the A4'.chite, cr.ur. ,al'
ntrol Committee, me BOard of Directors shall be authorized and empower,ri, on t~enaL~
of the Association, to cause such action to be taken. Such corrective action allows for
access, and trespass may be necessary to complete me maintenance. Tn, cost (me
"Maintenance Cost") mar,of shall be assessed aga. inst me Lot. ,of.the. off.ending .C, ame. r and
shall be secured by the Maintenance Lien as hereinafter promne~L written nonce oI sum
assessment shall be delivered to the offendi~S Owner wh. ich ri?ti .ce.~ha~., ~;pec~^.th? am~ftu~et
o! such Maintenance Cost and shall demand payment mcr,ox w~mm mLrty (~U) nays mt r
the date of said notice.
Section 6.02 The Board of Directors shall have the right at. any. ti~e there~ar,e
of Dallas County, Texas, a statam.ent des.cn'b .rog .such
unpaid Maintenance costs relating mcr.em m w,m, cn ~:vent, up?. su,c~, .in.mg~
automatically imposed on such Lot a Lien (the Mmntenance
payment of the Iviuintcnance Costs secured by suc. n maintenance
the Lot afrainst which the Maintenance Lien is imposed, mc Board of Directors snan ina or
record va~th the County Oerk of Dallas County, T .e~.m, at}.{ appropriate, release of,.,s_u~c~_
Maintenance lien previously filed agmn.~t the Lot .t~..arc.oI ~o.r s.ucn .Mmntenance
The Maintenance Lien shall be lot the sole benefit ox me ~.ssocaauon. -
~ Each Owner, for himself, his heirs, executors, administrators, trustee,
personal representatives, successors and assigns, covenants and agrec~:
10
(a) That. will pay to the Association within thi. (30) days after the date
of written notice thereof any Maintenance Costs assessed against his Lot; and
(b) That by accepting any Deed to his Lot, he shall be and remain
personally liable for any and all Maintenance Costs assessed against his Lot while he
is (or was) the Owner thereof, regardless of whether such Covenants or agreement
are expressed in such Deed and regardless of whether he signed the Deed.
Section 6.04 If the Owner of any Lots fails to pay the Maintenance Cost when due,
the Board of Directors may enforce the payment of the Maintenance Cost and/or the
Maintenance Lien by taking either or both of the following actions, concurrently or
separately (and, by exercising either of the remedies hereinafter set forth, the Board of
Directors does not preclude or waive its rights to exercise the other remedy):
(a) Bring an action at law and recover judgment against the Owner
personally obligated to pay Maintenance Cost;
(b) Foreclose the Maintenance Lien against the Lot in accordance with the
prevailing Texas law relating to the foreclosure of realty mortgages and liens
(including the power of conducting a non-judicial sale in accordance with the
provisions of V.T.C.A. Property Code Section 51.002 and the fight to recover a
deficiency). The Board of Directors shall have the power to appoint a trustee to
conduct such sale.
The sale or transfer of any Lot shall not affect the Maintenance Lien.
Section 6.05 In any action taken pursuant to Section 6.04 of this Article, the Owner
shall be personally liable for, and the Maintenance Lien shall be deemed to secure the
amount of, the Maintenance Cost together with interest thereon at the rate of eighteen
percent (18%) per annum, and reasonable attorney's fees.
ARTICLE VII
ARCHITECTURAL CONTROL
.Section 7.01 The Developer hereby appoints an Architectural Control Committee
(herein so called), which shall consist of three (3) members and one (1) alternate member,
who shall be natural persons. The initial members of the Architectural Control Committee
are: Roy Brock, Jim Street, and Tim House, with Janet Bfiel as a named alternate. All
matters before the Architectural Control Committee shall be decided by majority vote of its
members. After December 31, 1994, the Association shall assume all of the rights and
powers of the Architectural Control Committee and shall exercise the same, through the
Board of Directors, in the manner herein provided. In the event of death, incapacity, or
resignation of a member of the Architectural Control Committee, the successor for such
member shall be appointed by the majority of the remaining members of the Architectural
Control Committee, if such death, incapacity, or resignation occurs on or before December
31, 1994, and by the Association if such death, incapacity, or resignation occurs thereafter.
11
Section 7.02 No Building, fence, wall, sign, exterior light, or other structure or other
apparatus, either permanent or temporary, shall be commenced, erected, placed, or main-
tained upon the Land (or any Lot constituting a part thereof), nor shall any remodeling or
reconstruction thereof, exterior addition thereto, change therein, or alteration, excavation,
subdivision, or resubdivision thereof, including without limitation changes in or alterations
to grade, roadways, and walkways, be made until three (3) copies of the plans and specifi-
cations showing the nature, kind, shape, height, materials, color, and location, and other
material attributes of same, shall have been submitted to and approved in writing as to
harmony of external design and location in relation to surrounding structures and topogra-
phy by the Architectural Control Committee. All plans and specifications submitted to the
Architectural Control Committee shall include plats showing the proposed locations on the
Land and the dimensions of all improvements and shall specify in addition to construction
diagrams and specifications, all materials to be used and color schemes for all improve-
menU. If the Architectural Control Committee fails to approve or disapprove such design
and location within thirty (30) days after such plans and sp. ecifications have been submitted
to it, approval of the Architectural Control Committee will be deemed to have been given,
and th~s Article will be deemed to have been fully complied with. The Architectural Con-
trol Committee shall have the right, all in the sole discretion of the Architectural Control
Committee, to disapprove any plans and sp. ecifications submitted to it for any of the fol-
lowing reasons: (a) if such plans and specifications are not in accordance with any of the
provisions of these Covenants or the codes, ordinances, and regulations of the City of
Coppell, Texas; (b) if the external design, elevation, appearance, location, or color scheme
for the proposed improvements are not in harmony with the general surroundings of the
Land or with the adjacent dwellings or structures or with the topography; (c) if the plans
and specifications submitted are incomplete; (d) if the design, appearance, or location of
any landscaping is not in harmony with the general surroundings or topography; (e) d the
Architectural Control Committee deems the plans and specifications, or any part thereof,
to be contrary to the interest, welfare, or rights of any or all parts of the Land. The Archi-
tectural Control Committee is authorized to accept whatever drawings, plans, or specifica-
tions as it deems desirable within its sole discretion to be in satisfaction of the loregoing.
The decision of the Architectural Control Committee shall be final, conclusive, and binding
upon all Owners. Neither the Architectural Control Committee nor Developer shall be
responsible in any way for any defects in any plans or specifications submitted, revised, or
approved in accordance with the foregoing, nor lot any structural or other defects in any
work done according to such plato and specifications. The signature of any two members
of the Architectural Control Committee on any such plans and specifications with
"avDroved" or "clisal>ixoved" written or stamped thereon shall be prima facie evidence as
to'stet approval or di~;approval being the act 6f the full Architectural Control Committee.
Section 7.03 The Architectural Control Committee shall have the right, but not the
obligation, to enforce the provisions of these Covenant,. If the Architectural Control
Committee shall fail or refuse to enforce these Covenants for an unreasonable period of
time after written request to do by any aggrieved Owner, then such aggrieved Owner may
enforce these Covenants on his own behalf by appropriate action.
Section 7.0~ Neither Developer, the A.qsociation, the Architectural Control Com-
mittee, and the Board nor the officers, directors, members, employees and agents of any of
them, shall be liable in damages to anyone submittingplans and specifications to any of
them for approval, or to any Owner of property affected by these restrictions by reason of
mistake in judgment, negligence, or nonfeasance arising out of or in connection with the
approval or disapproval variance or failure to approve or disapprove any such plans and
12
specifications. Every. person who submits plans or specifications, and ever~, Owner of any
of said property agrees that he will not bring any action of suit against.Devel°per, the
Association, the Architectural Control Committee, the Board, or the officers, directors,
members, emj~loyees and agents of any of them, to recover any such damages and hereby
releases, rem,scs, and quitclaims all claims, demands, and causes of action arising out of or
in connection with any judgment, negligence, or norffeasance and hereby waives the
provisions of any law which provides that a general release does not emend to claims,
demands, and causes of action nol known at the time the release is given.
,~SSOC-"IATION. ORGANIZATION, AND MANAGEMENT
~ The Architectural Control Committee ma), allow reasonable variances
and adjustments of these conditions and restriaions in order to overcome practical difficul-
ties and prevent unnecessary hardships in the application of the ~egu!ations ,co.n. ta. ine. d
herein, but is not under any obligation to issue variances. However, variances snan t)e m
corfformity to the intent and purposes hereof and provided also that in every instance such
variance or adjustment will not be materially deuimental or injurious to other Lots or
improvements on the T an4. Determination of such a finding shall lie with the Architec-
tural Control Committee.
~..AND SD-BYECT TO T[-IIS DECLARATION
~ Al1 of the Property and any fight, tide, or interest therein shall be
owned, held, leased, sold, and/or conveyed by Developer, and any sub.seguent owner of all
or part thereof, subject to these Covenants and the covenants, resmeuons, charges, and
liens set forth herein.
NffSC~.T-~ ANEOUS
These Covenants may be revoked or amended in the following man-
(a) Until December 31, 1993 the Architectural Control Commitreg,
together with a majori~ of the Ownen, ~ have the right, from rime to vitae, to
revoke or amend these Covena.nts :[or any purpose by ir~. u'ument, beam, g .the si..L~'-
ture or a majority of the Architeau..-al , .Con.trol ComTm, m.e.e an~a.~a maio~.nty...ot me
Owners duly acknowledged and recorded m me recorm o~ me ~mee o~ me ~.ounty
Clerk of Dallas Coun~,Te. xm.
Cb) On or after Jan. ary 1, 1995 seventy-five percent (75%) of the Owners
may from time to time revoke or amend these Covenants /or any purpose by
instrument bearing the signatures of seventy-five percent (75%) of the Ownen, duly
acknowledged and recorded in the Deed Records of the Office of the County Clerk
of Dallas Count)', Texas.
~ These Covenants shall be effective upon the date of recordation
hereof, and as amended from time to time, shall continue in full force and effect to and
including December 31, 2008. From and after said date, these Covenants, as amended,
shall be automatically emended for successive periods of ten (10) years, unless there is an
affirmative vote to terminate these Covenants by the then Owners of fift),-one percent
(51%) of the Lots.
Section 10.03 If an), provisions of these Covenants shall be held invalid or unen-
forceable, the samc shall not affect thc validity or enforceability of any of the other provi-
sions hereof.
Section 10.04 Whenever notices are required to be sent hereunder, the same shall
be sent to the Owner who is the intended recipient, by certified or registered mail, return
receipt requested and postage prepaid, at the address of such Owner's ~ot and further vro-
vided that any such notice may be delivered in person. Notices shall be deemed received
wh. en actually received and whether or not received when deposited in a regularly main-
tanned receptacle of the United States Postal Service in accordance with the provisions
hereof. Notices sent to the Architectural Control Committee or the Association shall be
sen.t by .certified.or registered mail, return receipt requested and postage prepaid, only at
r._n._~2~, [~._o.r ~_y me ~o~a o~I o~.ec.tors to the. Owner*, respectively. Tbe Architectural
,.~,~ ,~uu~ ~mxm~. t:ctee.,an[ me .qsso.emuon may, .zrom nme to time, change such specified
aouresses r~y gnnng me ~.nvner* not, ce of such change in the manner herein provided.
Section 10.0,5 Whenever the context so require,, the use of any gender shall be
deemed to include all gender,, the use of the plural shall include the singular, and the sin-
gular shall include the plural.
Section 10.06 All captions, titles, or headings of the Articles or Sections in these
Covenants are for the purpose of reference and convenience only, and are not to be
deemed to limit, modify, or otherwise affect any other provisions hereon, or to be used in
determining the intent or context hereof-
Section 10.07 If any interest purported to be c~eated by these Covcnanu is chal-
lenged under the Rule Against Perpetuities or any related rule, by interest shall be
.s .u-ued as becoming void and of no effect as of the end of the applicable period of perpem-
~ues .c~.mputed ~om~..tbe date when the period of perpetuities starts to run on the chal-
engen interest; me aves in ricing" for eoml>utin£ the oeriod of ~emetuities shall h,.
hich would be used m determining the validity of the challengeorinteresL
EXECUTED on the date first above written.
a Texas general par~uer~h±p
14
Tel. (214) 9340123 Fax (214) 9~0-2421
October 2, 1991
Ms. Taryon Bowman
Planning & Zoning Coordinator
255 Parkway Blvd.
Coppell, Texas 75019
RE: Big Cedar Addition
Dear Taryon:
It is my understanding from Goodwin & Marshall, our consulting engineers on this project,
that you have requested a response on two issues:
How do we intend to address the access and development of the five lots that
front on Harris Street? and;
(2) Do we intend to install sprinkling systems in the houses?
Regarding the first issue, you are aware that we object to the request for an alley to serve
those five lots. We share your concern for the front yard/elevation appearance on these lots,
thus we propose the following additional requirements specifically for these five lots:
(a)
(b)
(c)
Increase front yard setback to 30';
At least two trees of 4" caliper or greater to be installed in front yard of each
lot;
Foundation landscaping on each house; and
(d) Irrigation systems.
Ms. Taryon Bowman
October 2, 1991
Page 2
As you know, the quality of houses intended for this area and usually constructed by Carmen
Homes and Street Custom Homes, (the two builders who will be purchasing all of the lots
in the subdivision) might normally include such landscaping even without these requirements.
However, inclusion as a part of the City's approval will provide complete assurance of such
treatment.
Regarding the second issue, it has never been our intention to require sprinkling of the
houses in the subdivision. In fact, it is our opinion that this issue was specifically addressed
by City Council when it authorized the closing of Bethel School Road (May 14, 1991). After
a presentation by Richard Terry, the Council concluded that the response time for
emergency access to the area would be adequate and no special requirements (i.e.
sprinkling) would be needed.
Taryon, I hope this adequately addresses these issues. Should you require further
information, please call me.
Sincerely,
MATTHEWS SOUTHWEST
Tim House
Vice President
TH/Ilw