HomeMy WebLinkAbout12-14-06 PZ Agenda Packet a .
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TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
AGENDA
DECEMBER 14, 2006
7®00 P.M.
TOWN HALL BOARD ROOM
2650 J. T. OTTINGER
1.
CALL TO ORDER.
2. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONER
WALTER COPELAND.
3. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD NOVEMBER 9,2006.
. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING A TABLED APPLICATION FOR A SPECIFIC USE PERMIT FOR A
PRIVATE WATER WELL TO DE LOCATED ON 2208 VAQUERO ESTATES
BOULEVARD IN THE VAQUERO ARTHUR ADDITION-PHASE 3, BLK K, LOT
29.
5. CONSIDER AN APPLICATION AND TAKE APPROPRIATE ACTION
REGARDING, AMENDED SITE PLAN ON LOT 2, BLOCK 2 OF THE
WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1, LOCATED AT 5 VILLAGE
CIRCLE.
6. CONSIDER A REQUEST AND TAKE APPROPRIATE ACTION REGARDING A
TECHINICAL AMENDMENT TO CHANGE T E NAME OF THE FINAL PLAT
FROM THE ESTATES OF WESTLAKE TO WYCK HILL ESTATES.
7. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 2650 J.T.
Gttinger Road, Westlake, Texas, on Monday,December 11, 2006, at 5:00 p.m. under the Open
Meetings Act, Chapter 551 of the Texas Government Code.
Ginger R.&ry, Acting Town Secret
In the n authority
The State of Texas
OATH OF OFFICE
1, Walter Copeland, do solemnly swear ( r affirm), that 1 will faithfully execute
e duties of the office of Commissioner of the State of Texas, and will to e best
of my ability rese e, protect, and defend the Constitution and laws of the
United States and of this State, so help e God.
cant
SWORN TO and subscribed bof r affiant on this 14P day of December,
Signature of Person Administering Oath
(Seal)
Printed Name
Tide
MINUTES
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 9, 2006
PRESENT: Commissioners Sharon Sanden, Allen Heath and Tim Brittan
SENT: Chairman Bill Greenwood, Commissioner Appointee Walter Copeland
OTHERS PRESENT: Town Manager Trent Petty, Acting Town Secretary Ginger Awtry
1. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONER
TIM BRITTAN.
Acting Secretary Ginger Awtry administered the oath of office to the newly appointed Planning
and Zoning Commissioner Tim Brittan.
2. CALL TO ORDER.
Commissioner Allen Heath called the meeting to order at 7:18 p.m.
3. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD OCTOBER 12,2006.
Commissioner Sanden moved to approve the minutes of the Planning and Zoning Commission
meeting held October 12, 2006.
Commissioner Heath seconded the motion.
There was no further discussion and the vote on the motion was as follows:
Ayes: Commissioners Sanden,Heath, and Brittan
Nays: None
Commissioner Heath declared the motion carried unanimously.
4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE
WATER WELL TO BE LOCATED ON 2208 VAQUERO ESTATES BOULEVARD IN
THE VAQUERO ARTHURA DITION-PHASE 3,BLOCK K,LOT 29.
Commissioner Heath opened the public hearing noting that the applicant was not present at the
meeting.
There was no one present wishing to speak and Commissioner Sanden moved to close the public
hearing.
Commissioner Brittan seconded the motion.
There was no further discussion and Commissioner Heath declared the motion carried
unanimously.
Town Manager Trent Petty introduced the permit application and the purpose of the SUP
application. He stated that Town Staff have noticed the drillers of water wells are very busy and
backed up in their scheduling for months. Homeowners are coming in earlier than necessary to
fill out and file the application with very rough site plans and limited details as to the well
specifics. This is so they, the homeowner, can have this step behind them and get in line on the
schedule to have their well drilled as soon as possible. The intent by the Town was to have the
driller complete the application after the facts are known as to the location,, depth, casing size,
horse power of the pump, etc. On the last two occasions of water well applications, the
homeowner has not known all the specific details necessary to adequately complete the
application or explain to the Planning and Zoning board exactly where the well will be drilled.
Mr. Petty went on to explain that this particular homeowner did call in to the Town to regrettably
inform us that he would not be able to be here for the meeting tonight. Mr. Petty stated at this
point, the Commission has three options. They are as follows: to approve the application tonight
with specific conditions, to table the application to a future date as in the next scheduled meeting,
or to deny the application in which the applicant would have to pay a new $1800 fee when they
are ready to present again to the Commission. Mr. Petty informed everyone present that new
Town policies are in place to make sure that approved water wells will require an initial
inspection by notification to the Town with a dig permit; no additional fee necessary. The
inspection will ensure that the well is located in a manner consistent with the ordinances as to the
location of any septic system, setback requirements, structures or easements. This physical
inspection will take place before the well is drilled.
Commissioner Heath mentioned that he did have several questions and concerns with the
application as presented, especially as to location. Further discussion ensued by all members, as
they too had additional questions concerning the well application. Also discussed was the next
meeting date to be mentioned in the record.
Commissioner Brittan moved to table the application for a specific use permit for a private water
well to be located on 2208 Vaquero Estates Boulevard until the next scheduled Planning and
Zoning meeting of December 14, 2006.
Commissioner Heath seconded the motion.
There was no discussion and the vote on the motion was as follows:
Ayes: Commissioners Sanden, Heath and Brittan
Nays: None
Commissioner Heath declared the motion carried unanimously.
5. ADJOURNMENT.
Commissioner Brittan made the motion to adjourn.
Commissioner Sanden seconded the motion.
The vote on the motion was as follows:
Ayes: Commissioners Sanden, Heath, and Brittan
Nays: None
Commissioner Heath declared the motion carried unanimously and the meeting adjourned at
7:31 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE 14th DAY OF
DECEMBER, 2006.
ATTEST: Allen Heath, Commissioner
Ginger R. Awtry, Acting Town Secretary
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
Subject: Regular meeting of December 14, 2006
Date: December 12, 2006
ITEM
Conduct a Public Hearing and take appropriate action regarding a tabled application for a
specific use permit for a private water well to be located at 2208 Vaquero Estates
Boulevard in the Vaquero Arthur Addition—Phase 3, Block K, Lot 29
RECOMMENDATIONS
Staff recommends the Commission to table this item again until the next scheduled
Planning and Zoning meeting.
BACKGROUND
After the November Planning and Zoning meeting, the applicant was informed of the
tabled application and understood that he needed to provide additional information to the
Town staff and the Planning and Zoning Commission for further consideration.
Last week Staff tried to contact Mr. Piedra since no new information had been provided.
Staff was able to talk with the applicant today. Mr. Piedra stated that there has not been
any progress made at this point on his well. His home is almost complete with
anticipation of moving in prior to Christmas. Therefore, he asked if he could have
additional time to finalize and gather the necessary details to present again to the
Commission at the January meeting.
,MEMO
TO: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
FROM: Trent Petty, Town Manager
David McCarver,Assistant Town Engineer
SUBJECT: Regular Meeting of December 14,2006
DATE: December 12, 2006
Item:
Consider an amendment to the approved Site Plan for Solana Westlake/Southlake
Addition by Maguire Partners.
Recommendation:
Approval of the amendment
Background:
Maguire Partners has made application to the Town for an amendment to their approved
site plan in order to make improvements to the Marriott Hotel. The proposed work
includes adding 94 guest rooms, 7 meeting rooms, I fitness room and 1 pre-function
room. No additional parking spaces will be included.
The Town staff has reviewed the application and has determined that the proposed site
plan complies with the Town's Uniform Development Code (UDC) and the PD
ordinance that governs the development of the site subject to the following conditions:
1. The Fire Protection Plan must comply with the requirements of the UDC and the
Fire Code.
2. The drainage improvements must be designed in accordance with the Town's
Engineering Standards.
3. The owner must demonstrate that no additional parking is needed.
Representatives of Maguire Partners and their consultants will be in attendance at the
meeting to present their case.
TOWN OF WESTLAKE
MEMO
TO: Westlake Development Review Committee
FROM: Trent Petty, Town Manager
SUBJECT: Planning Comments on Maguire Partners, 5 Village Circle
(Marriott Expansion—PD Site Plan)
DATE: December 11, 2006
Maguire Partners seek to expand the Marriott Hotel which requires consideration of an
amendment the existing PD Site Plan.
Submittal Comments:
1. Submit Site Plan on sheets sized 30"x 42"or 24"x 36" at an engineering scale
of one inch equals 100' or larger.
2. Show dimensions of all existing facilities and proposed building sites as well as
dimensions of proposed buildings.
3. Show setback and separation distances between building sites.
4. Show proposed construction type and facade materials
5. Show location and widths of all rights of way and easements
6. Illustrate compliance with off street parking requirements including number,
location and dimension of any proposed new spaces.
7. Type of surface or parking material if any.
8. Any new lighting must be illustrated with a lighting diagram in compliance with
current PD standards.
9. Location and size of any major tree of six-inch caliper or greater, noting whether
they are to be removed or retained.
10. Show any proposed new landscaping in conjunction with new building expansion.
11. Amendments if any to existing trash receptacle area, access and location.
12. Direction of drainage
13. Quantity of on and off site water generation
14. Points of concentrated water discharge
15. Areas where special design and construction may be necessary due to slope or soil
conditions.
16. Cut and fill plan for moving dirt out of floodplain
17. Any expansion of existing water or sewer service
HUITF-ZOLLARS
HUr1T-ZOLLARSjNC. • 50O West 7th StMafl Unit 23 • Suit 300 • Fort WOM,TX 76102-4773 817.335.30D0 phone $17.429.1291meiro • 817.335.1025 fax huift-zollam-corn
December 11,2006
David B.McCarver,P.E.
Graham Associates,Inc.
600 Six Flags Drive,Suite 500
Arlington,Texas 76011
Ref- Revised Site Plan Comment Response
Solana Marriott Expansion
03-1056.03
Dear McCarver:
Per your comments, dated December 7, 2006 for the Marriott Hotel Expansion, I have revised the Site
Plan for the Planning and Zoning hearing on Thursday, December 14, 2006. The following are my
responses to your comments:
1. Revise the title block to indicate this is a"Revised Site Plan"and the name of the subdivision,lot,block,
etc.
Revised title block on Plan per comment
2. Show dimensions of the buildings.
Revised on Plan per comment
3. Indicate construction type and facade materials of the proposed buildings.
Type]A construction, revised on Plan per comment.
4. Shade the existing and proposed fire lanes. Clarify the fire lane configuration and the connection of
existing to proposed pavement.
Revised on Plan per comment.
5. Show width of existing and proposed pavement.
Revised on Plan per comment.
6. Show all existing and proposed fire hydrants and the radii of coverage.
Revised on Plan per comment.
7. Show proposed sidewalks and dimensions.
Revised on Plan per comment.
8. Please provide a parking space count. Why is no additional parking being provided with the building
addition?
The Hotel parking garage was designed for 300 roo ms and only 200 were built in th e first phase.
The Hotel will have 295 rooms total upon completion of new hotel tower.
9. Indicate the location of the loading areas and the number of spaces.
The loading area has been identified on the plan. The number of loading spaces will not be
changed with this expansion.
10. Show a proposed lighting diagram if additional lighting is being provided.
The will be no building lighting with this expansion. There will only be minimal low lights for
landscape purposes.
Storm Draina
Ze
1. Show the drainage area,runoff calculations,pipe sizes,etc.for the proposed storm drain system.
This information has been shown on plan
HUITT-A)LLARS
HUM-20LLARS,INC. . 500 West 7th St Mail Unit 23 m Sude 300 ° Fort Worth,7X 761024773 ° 817.335.3000 phone ® 817.429.1291 mto . 617.335.1025 fax ° hu tt-aoilara.com
Flood Study
1. The site plan indicates a variable width floodway easement. How was the location of this easement
determined?
This easement was dedicated by Carter and Burgess in January of 1988.
2. Kirkwood Branch does not have a mapped floodway. Since the proposed building is encroaching into the
existing floodplain,please provide a floodway run to demonstrate that the building does not encroach on
the floodway.
There is no mapped floodway per FEM4 for this creek The Flood Study prepared by Huitt-
Zollars shows the water surface elevation to be effected by only a few hundredths. Per Huitt-
Zollars discussion with David McCarver, we feel the floodway would not be encroached upon in
with the Hotel Expansion..
Please feet free to give me a call if you have any questions or concerns regarding these responses.
Sincerely,
Huitt-Zo ars,Inc.
Kimberly R.Cole,E.I.T.
cc: Ginger Awtry
Attachments
Revised Site Plan
,_ . i_ ........,.,min ° `iP ;. • ..,•! ii'...,��' ' ., I,_, ° ,.. � .,•,i��. • ..,. ' . t��,:.'i ,..
EM
T : Kimberly Cole,EIT
Huitt-Zollars
FROM: David McCarver,P.E.
Town of Westlake
Site Plan
Lot 2, Block 2,Westlake/Soot lake Park Addition
ATE: December 7,2006
The Town staff has reviewed the referenced site plan and our comments are listed below.
Site Plan
1. Revise the title block to indicate this is a "Revised Site Plan" and the name of the
subdivision, lot, block, etc.
2. Show dimensions of the buildings.
3. Indicate construction type and fagade materials of the proposed buildings.
4. Shade the existing and proposed fire lanes. Clarify the fire lane configuration and the
connection of existing to proposed pavement.
5. Show width of existing and proposed pavement.
6. Show all existing and proposed fire hydrants and the radii of coverage.
7. Show proposed sidewalks and dimensions.
8. Please provide a parking space count. Why is no additional parking being provided with
the building addition?
9. Indicate the location of the loading areas and the number of spaces.
10. Show a proposed lighting diagram if additional lighting is being provided.
Storm Drainage
1. Show the drainage area, runoff calculations, pipe sizes, etc. for the proposed storm drain
system.
Flood Study
1. The site plan indicates a variable width floodway easement. How was the location of this
easement determined?
2. Kirkwood Branch does not have a mapped floodway. Since the proposed building is
encroaching into the existing floodplain, please provide a floodway run to demonstrate
that the building does not encroach on the floodway.
Please make the above corrections to the site plan and accompanying documents and resubmit
six (6) copies including the additional items to the Town for review. If you should have any
questions regarding our comments, please contact me.
Sec. 102-268. PD site plans.
(a) Delegation to commission. The commission hereby is delegated the authority to
approve, conditionally approve, or deny PD site plans and all amendments thereto,
subject to appeal to the board. Any site plan subject to a request for variances or other
modifications that are reserved for the board by these PD regulations shall be decided by
the board upon recommendation of the commission.
(b) Submittal requirements. The following requirements apply to each application for
PD site plan approval:
(1) Size. PD site plans shall be prepared on one or more standard sheets of sizes of 30
inches by 42 inches or 24 inches by 36 inches and at an engineering scale of one inch
equals 100 feet or larger. If multiple sheets are required, an overall plan shall be
submitted as well (which may be to any scale). PD site plans shall be prepared by a
registered engineer, architect, or landscape architect.
(2) General information.
a. North arrow;
b. Total site acreage;
c. Submission date;
d. Scale (written and graphic);
e. Vicinity map;
f. Names, addresses, and telephone numbers of designer, engineer, developer, and
owner;
g. A boundary survey of the site with the location of proposed land uses;
h. Adjacent subdivision names and property lines; and
i. Adjacent land uses and structures.
(3) Structures.
a. Location, dimensions, and use of all existing facilities and proposed building sites;
b. Setback and separation distances between building sites;
c. Proposed construction type and facade materials for all multifamily and
nonresidential buildings (the commission may require elevations and perspective
drawings);
d. Proposed density of each use; and
e. Proposed location of screening along public roadways shown on the PD concept plan.
(4) Streets and sidewalks.
a. Location and width of all rights-of-way and easements;
b. Location and dimensions of all pavement and curbing;
c. Location and width of all sidewalks;
d. Location and width of all ingress/egress points;
e. Location and width of all medians and median breaks; and
f. Location of any special traffic regulation facilities.
(5) Off-street parking and loading areas.
a. ?Number, location, and dimension of spaces;
b. Type of surface material of parking facility;
c. Dimension of aisles, driveways, maneuvering areas, and curb return radii;
d. Distance between spaces and adjacent rights-of-way;
e. Location of all existing and proposed fire lanes and hydrants; and
f. Proposed lighting diagram.
(6) Landscaping.
a. Location and size of major tree groupings and existing hardwood trees of six-inch
caliper or greater,noting whether they are to be removed or retained;
b. Location and size of proposed plant materials, including paving, together with type
and species of plants;
c. Number and type of each landscape element;
d. Height and type of all fencing or buffering;
e. Height of all planters, sculptures, and decorative screens;
£ Location and type of trash receptacle screening;
g. Location and type of lighting for streets, signage, and parking areas; and
h. Location of visibility triangles where required.
(7) Drainage.
a. Direction of water flow;
b. Quantity of on and off-site water generation;
c. Topographic contours at a minimum of five-foot intervals;
d. Points of concentrated water discharge;
e. Areas where special design and construction may be necessary due to slope or soil
conditions;
£ Location and design of all water detention and drainage areas; and
g. Drainageways, creeks, and limits of the 100-year floodplain and floodway as shown
on current Federal Emergency Management Agency mapping or the town's master
drainage plan, including location and acreage,together with a general plan for
accommodating floodwaters and drainage.
(8) Preliminary service plan.
a. A preliminary drainage plan of the area showing the size and location of each existing
and proposed drainage way and retention or detention area. If no development plan has
been required and approved by the board,the drainage plan shall incorporate the
requirements of the preliminary drainage study specified in subsection 102-267(4).
b. The proposed method of providing water and sewer service.
c. If no development plan has been required and approved by the board, an updated
traffic impact analysis as required by subsection 102-267(5).
(9) Development standards. A list of the development standards, if any (whether in the
PD Ordinance or in the then-existing ordinances, rules, or regulations of the town that
apply to development within the PD district), for which the applicant is seeking a
variance by the board as part of the PD site plan approval process.
(10) View analysis of height increase variance. If board approval of any height increase
is being requested, the applicant shall prepare (at the request of the town planner) a view
analysis of the impact of such requested variance on adjacent residential areas of the
town.
(c) Commission decision. The commission, after notice and public hearing in
accordance with the UDC procedures, shall approve, approve subject to conditions, or
deny each PD site plan.
(d) Approval criteria. The commission, in approving, conditionally approving, or
denying a PD site plan, shall consider the following criteria:
(1) The plan complies with the applicable PD concept plan or development plan, if any,
and with the PD Ordinance, including express conditions attached to the concept plan,
development plan or PD Ordinance;
(2) The plan complies with the standards and conditions of the UDC and of other
ordinances, rules and regulations of the town(to the extent that such standards and
conditions are applicable to development within the PD district);
(3) If no development plan was required and approved by the board, the traffic
estimated to be generated by the plan is generally consistent with the original, board
approved traffic impact analysis;
(4) If no development plan was required and approved by the board,the plan includes
the necessary on-site or adjacent traffic improvements to accommodate traffic generated
by the plan (e.g., turn lanes, stacking lanes, signalization, etc.);
(5) If no development plan was required and approved by the board,the preliminary
drainage study for the plan indicates that the proposed development can be achieved
without increasing the upstream or downstream water surface elevation on property
owned by third parties and that detention and drainage areas can be improved in a manner
approved by the board; and
(6) Landscaping for the town edge promotes continuity and unity consistent with the
landscape plan for the development and encourages views to public open space and
public landmarks.
(e) Conditions. The commission, or the board on appeal, may establish such conditions
to the approval of a PD site plan as are reasonably necessary to ensure that the approval
criteria are met.
(f) Appeal from commission action. If the commission approves a PD site plan with
conditions or if it disapproves a PD site plan,the applicant may appeal the decision to the
board by filing a written request with the town secretary within ten days after the
commission's decision.
(g) Variances. If the applicant requests a variance from PD Ordinance standards or
other ordinance requirements,the variance request will be forwarded to the board with
the commission's recommendation for decision. Procedures and criteria for approval shall
be those applicable to variances under subsection 26-68(d).
(UDC 1994, art. XI, § 2.3)
Sec. 102-269. Amendment of plans.
(a) PD concept plans. PD concept plans (excluding informational statements) are
considered part of the PD Ordinance. Any amendment to a PD concept plan shall be
considered a zoning change, and the provisions of V.T.C.A., Local Government Code ch.
211, relating to notices, public hearings, and written protests for changes in zoning
districts or regulations shall apply. If a PD district is established subject to approval of
PD development plans, the provisions of this subsection shall apply to such PD
development plan.
(b) PD site plans. PD site plans are not considered part of a PD Ordinance. Except as
otherwise provided in this subsection, any amendment to an approved PD site plan must
be approved by the commission.Notwithstanding the provisions of this subsection,
however, minor modifications to any PD site plan may be approved by the town planner.
If the town planner believes that a request for minor modification entails a significant
change in the site plan, he/she may refer the request to the commission for determination.
A minor modification to a PD site plan is defined as any modification that does not:
(1) Alter the basic relationship of proposed development to adjacent property;
(2) Change the uses permitted;
(3) Increase the maximum density, floor area, or height;
(4) Decrease the amount of off-street parking, unless parking remains sufficient in
number and conforms to ordinance requirements; or
(5) Reduce the minimum yards or setbacks.
(UDC 1994, art. XI, § 2.4)
Secs. 102-270--102-285. Reserved.
LEGEND
9' — PR07ECr SM
1 rn-,T Ex7snwG BUILDING
PROPOSED BUILDING
SANITARY SEWER MANHOLE
TELEPHONE MANHOLE
(D ELECTRIC MANHOLE ,
EXIS77NC TREE
N ,\ , '�, `: 4 PROPOSED FIRE HYDRANT
(D .. 'PROPOSED FIRE LANE
FIRE HYDRANT COVERAGE
PROPOSED FIRE LANE, �
LOCATION tAAP
N.T.S.
v1�� SITE DATA TABLE
> ` o
PROPOSED SQUARE FEET 59.566 S.F.
.. •`� \ .; \ ROOM COUNT 94 ROOMS
'.. 7 MEETING
1 FITNESS
t PREFUNCTION
`
- PARKING COUNT NO CHANGE
100 BULCINC—' SITE DATA NOTES
• S
\ t) STORM PIPE WILL CARRY ROOF AND LANDSCAPE
DRAINS.
NO BUILDING LIGHTING WILL BE USED, ONLY MINIMAL
LANDSCAPE LIGHTING.
T 3) THE FOLLOWING VALUES WERE USED FOR THE
_ - RA77ONAL METHOD CALCULATION:
4) CONSTRUCTION TYPE: to
O l - OCCUPANCY: A-2
0 ` 1. 5) NO ADDITIONAL LOADING SPACES WILL BE ADDED PER
- THIS PLAN.
6) TYPICAL BUILDING FACADES ARE NONL COMBUSTIBLE
_ MATERIAL AD CONSIST OF A CEMENT PLASTER SHEATHING
L='{45.47' a l - AND DAMPPROOFlNG ON EXTERIOR GYPSUM SHEATHING
R=*765.1 ` OVER 6.STEEL STUD WALL SYSTEM WITH 518'GYPSUM
BOARD WALL ON INTERIOR SIDE. THE TYPICAL
d=27'53'15' ,�\ �� INCLUDES LOW-E CLEAR INSULATED GLASS WINDOW W
CB=SSJ•05148 c \ METAL FRAMES WITH FACTORY PAINT FINISHES. THE
CH=442,77 I _ TYPICAL INSULATION VALUE FOR THE EXTERIOR WALL 15
\ R-19.
l
\ \
PAUL M.M.%EE
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ALA 1��0n•;cI�ENSE�.��>�s
i yy 0 ZO 40 80 At°tSSiown�
(D SCALE: 1"=40' � �6
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\L=5&42'
`R=583.9E�
d=5.43.5
Ce3 6 ri MARMOT HOTEL EXPANSION
\ WESfLAKE,TEXAS
s LOT 2,BLOCK 2
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11(29106 SHOWN 03-1056.03 Ol OF 01
KRC BCT
MEMO
TO: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
FROM: Trent Petty,Town Manager
SUBJECT: Regular Meeting of December 14,2006
DATE: December 12,2006
Item•
Consider a technical amendment to change the name of the final plat for the Estates of
Westlake to Wyck Hill Estates as requested by the homeowner's association.
Recommendation:
Approval of the amendment
Backgrounds
Staff received a request from legal counsel representing the homeowner's association of
the Estates of Westlake for a technical amendment to change the name of the subdivision
to Wyck Hill Estates.
Town staff requested and received additional information from the Homeowner's
Association to verify their approval as a Board of the name change. The Articles of
Amendment filed with the Secretary of State were received and are attached for your
review, along with their initial request to the Town.
LAW OFFICES OF
RADLEY LUCE RADLEY
A REGISTERED LIMITED LIABILITY PARTNERSHIP
1256 MAIN STREET- SUITE 252
SOUTHLAKE,TEXAS 76092
W.A. (BRAD) BRADLEY'
Also.Admitted to Practice in (8 1 7) 488-8048
California and Massachusetts (�(� Direct Dial Extension 19
Fellow of The College of the State Bar of Texas October 4, 2006 FAX 18 17) 48 1-5230
' Attorney—Mediator E-MAIL: BRADLEY857 @A0LC0M
Mr. Trent Petty, City Manager
City of Westlake
2650 J.T. Ottinger Rd.
Vv estiake, i.i 10-262
Re: Subdivision Name Change; The Estates of Westlake
Mr. Petty:
Please accept this letter and our check number #4021 in the amount of Two
Hundred and Fifty Dollars No/100 ($250.00), a payment of the submittal fee
therefor, as a request for a technical amendment to the final plat of The Estates of
Westlake. 'The Estates of Westlake Homeowners Association has amended the
Declaration of Restrictions, Covenants and Conditions of The Estates of Westlake,—`'
and 11r the process, the members have agreed to change the Dame to Wick ick Hill
Homeowners Association, Inc.. and therefor request a subdivision name curare for
the subdivision.
If you have any questions please don't hesitate to call me.
r.
f
Tanya L. Parker
Legal Secretary
TLP
Enclosure
Cc: Mr. Bill Greenwood
t.'L-l—ju—C Liu Qk I'IuIN) I I ; if DNHULLH LULt DKHULty LLN N. UU I/Uf2 f
BRYIUI--)� LEY LUCE BRADLEY , L . L . P .
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONY : (817) 498- 90481 FAX. : ( 817) 481 - 5230
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Notes ind comments: Please review the itlformation attached in reference to The Estates
Of WeStlake and the SUbdivision name cyan e for the estates.
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W-1-3U-CUU0kMUN) 11 ; J0 UKHULLy LULL bHHULLy LLF P. 002/027
Corporations Section
P.O.Box 13697 0;1 Roger Williams
Austin,Teyas 78711-3697 Secretary OfStale
Office of the Secretary of State
CERTIFICATE OF AMENDMENT
OF
Wyck Hill Homeowners Association, Inc.
146218301
[formerly: THE ESTATES OF WESTLAKE HOMEOWNER'S ASSOCIATION, N,, C]
'17he undersigned. as Secretary of State of Texas, hereby
certifies that the attached YkrLc1c.s of
0
aAmendment for the above named entity have been received in this offic e and have been found t 0
confomi to law.
ACCORDINGLY Lhe undersigned, as Secretary of State.�and by -,drtue Of the authority vested —;,i the
Secretary by law hereby issues this Certificate of Amendment.
Dated: 09/26/2006
Effective: 09/26/2006
Roger Williams
Secretary of State
Come visit us on the Internet at http://Nk�iv.sos.state,tx,us/
Phone:(512)463-5555 Fax: (512)463-5709
Prepared by: Lisa Jones
Document: 145627340002
ULJ-3U-2Hb(MUN) 11 : 38 BRADLEY LUCE BRADLEY LLP (FRX)8174815230 P. 003 1027
!DL?-cfb-eUW I UL) I E:52 BRADLEY LUCE BRADLEY LLP (FAM17015230 P, 003/0' 04
FIELED
In the Office of the
SeCretarY of State of Texas
Aiddes of Am=fment to the Artides of lucm-po' ration SEP 2 6 200-6
Of COrPOrations Section
The E$Mtm of Wmthdce Homcown=Association, Inc.
Ptirsuant to Article 4.03 of the T=as Revised Civj[ Statutes, the undersigned
covoration adopts the fOnOWiug articles Of amendment to its articles of
incorporation which change the name of the corporati= and the name and add=s
of the corporation's registered agent.
Article L
The name of the corporation is The Esutcs of Wesdake Homco ers.
Association, Inc.
Article M
The fb1lowing a=endment to the articles of incorporation was adopted,by
The F-sMteS Of Westlake H=eowncrs AssociAtiou, Inc. on -41-1- ,
LadOPL!bn daw]: Article I shah now read "Tbe name of the c6rporaticn- rthe
"Co ration"
rpo is WYck HM Homeowners Association, 144.
Article IM
The amendment was ado ted in the fOI]Qwing manner., A meeting of the
members was held on=[dafe of-mcctiqej at which the required quon=of
memben Were and the aforesaid =ear receivcd at least a two thirds vote of
said rn=berc.
Dzrcd:
1b,c Estates OFWCSLI-Ike HolncowTiw-Association, Inc,
it
W
E. 'Greenwood,President
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DQr—ca—cmub k i ur-j I c.,.3t: DKHULtJ LULt rjFHULtV LLF (FRU8176815230 P. 004/004
Artides of Ammdment to the Axddes of lnmrpOrdtiOn
Of
The EstAtes of Wesdake HomeowrLM Association, lac,
P=Uant to Article 4-03 OF the Texas R&Viscd Civil Statutes, tile und=signed
CMPO-ration adopts the folio articles of amendment to its articles of
iacOtPOratiOn which change the name Of the corporation and then and address
of the corporation's rcgistmed agent.
Axtidc L
The name of the corporation is The Estates of Westlake Homeow-z=
Association, Inc,
Article 31.
The followimg amendment to the articles of i=Orporadon was adopted by
The Estates Of-Westlake ROmeoumers Association, Inc, on
[adoption natal: .ATtisle I shall now read "The name of the c6rporation (Lin
"Corporation")is WYck Hill Homeowners Association,Inc.".
Axdcle IM
The amend=ent was ad:oPted in the f0710wing manner. A meeting of the
raemb h d QnLIL-OC [date armccL6��- at*vrhich the requuied quor=of
members wexe and the aforesaid amendment received at least a two th-ixds vote of
said members.
Dated:
The Estarz of Westl ake Homeowners Association, jue,
1E.JGGrcenLwno�6nod�P,,-,
d,President
OCT-30-2006(MON) 11 : 38 BRADLEY LUCE BRADLEY LLP (FRX)817d8I5230 P. 005/027
Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of the Estates of Westlake
VWEREAS, Developer is the owner of the real property in Tarrant County,
Texas, Described in Article 11, Section I of this Declaration and desires to create
thereof a planned community with open spaces and other common facilities for the
benefit of the said community; and
WEEREAS, Developer desires to provide for the preservation of the values
a-ad amenities in said community for the maintenance of said open spaces and other
common facilities, and to this end desires to subject the real property described in
Article H, Section I, to the covenants, restrictions, conditions, easements, charges
and liens hereinafter set forth, each and all of which is and are for the benefit of said
property and each owner thereof. and
WHEREAS, Developer has deemed it desirable for the effidient preservation
of the values and amenities in said community to create an agency to which should
be delegated and assigned the powers of maintaining and administering the
community properties and facilities and administering and enforcing the covenants,
restrictions and conditions and collecting and disbursing the assessments and charges
hereinafter created; and
VIEMREAS, Developer has caused or-AU cause to be incorporated under the
laws of the State of Texas, as a non-profit corporation, Wyck Hill Homeowners
Association, Inc. F/K/A The Estates of Westlake Homeowner's Association. Eric,,
for the purpose of exercising the functions aforesaid, and
WEEREAS, Developer previously adopted that certain Declaration of
Restrictions, Covenants and Conditions of The Estates of Westlake dated April 10,
1996, and recorded as document number D1961183523 (Volume 12349, Page 1634)in
the Real Property Records of the Office of the Clerk of Tarrant County, Texas, with
respect to the real property described on the attached Exhibit A, which is
incorporated herein by reference: and
WFIEREAS, Section 11 Article IX therein provides that the Developer, at its
sole discretion, may amend or change the covenants or restrictions therein with the
consent of at least fifty-one (51%) of the outstanding votes of the Association; and
WHEREAS, the undersigned members of the Association own more than
fifty-one percent (51%) of the Lots and therefore have more than fifty-one percent
(.51%) of the outstanding votes of the Association, and the Developer desires to make
the amendments herein set forth and hereby amends and restates the Declaration,
which, as amended, is referred to below as the "Declaration"; and
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NOW, THEREFORE, Developer declares that the real property described in
Article 11, Section 1, shall be held, transferred, sold conveyed and occupied subject to
the covenants, restrictions, conditions, easements, charges.and hens (sometimes
referred to herein as "restrictions, covenants ad conditions") hereinafter set forth,
ARTICLE I
Definitions
Section 1. The following words, when used in this Declaration or any
supplemental Declaration (unless otherwise indicated) shall have the following
meanings:
a. "Association" shall mean and refer to Wyck Hill Homeowners Association, Inc.
F/K/A The Estates of Westlake Homeowner's Association, Inc., its successors
and assigns,
b. "The Properties" shall mean and refer to all Existing Properties, and additions
thereto, as are subject to this Declaration or any Supplemental Declaration.
c. "Common Properties" shall mean and refer to those areas of land shown on any
recorded subdivision plat of the Properties and intended to be devoted to the
common use and enjoyment of the members of the Association.
d. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision plat of The Properties, with the exception of Coiiinion Properties as
herein defLed.
c. "Living Unit" shall mean and refer to any portion of a building situated upon she
Properties designed and intended for use and occupancy as a residence by a
single-farnily.
f. [Intentionally deleted)
g. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to any Lot or Living Unit which is a part of The
Properties, including purchasers under contract from Developer, but
notwithstanding any applicable theory of the mortgage, shall not mean or refex to
the mortgagee unless and until such mortgagee has acquired tide pursuant to
foreclosure or any proceeding in lieu of foreclosure.
h. "Member" shall mean and refer to every person or entity who holds membership
in the Association
i. "Developer" shall mean and refer to Westlake Estate Partners, Ltd., its heirs,
successors and assigns.
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ARTICLE H
Properties Subject to This Declaration:
Additions Thereto
Section I. Existing Property- The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is located in
Tarrant County, Texas, and is more particularly described as follows:
See Exhibit A attached hereto and incorporated here for all purposes, all of
which property shall hereafter be referred to as "Existing Property.
ARTICLE M
Association, Organization and Management
Section 1. Board of Directors. The Board of Directors of the Association
shall consist of not less than three (3) or more than nine (9) members, the exact
number to be fixed in accordance with the provisions of the Bylaws.
Section 2. Classes of Members. The Association shall have two classes of
voting membership:
(a) Class A: Class A members shall be all 0-%.k-ners 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 detennine, but in no event shall more than one vote be cast
with respect to any such Lore
(b) Class B: Class B members 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;provided,
however, at the time that the total number of Lots owned by the Class
A members first equals or exceeds four (4) times the total nurnber 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.
Section 3. Other Membership Provisions. Each Owner of the 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 an 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 a transfer of a Lot shall be null and void. Ownership of a Lot shall be I the
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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. Rights and Powers of Association. The Association shall have the
duty to maintain, insure, and pay all taxes and assessments on (or reimburse
Developer for same) all common areas on the Land and shall have the tight, power,
and authority to do any act which is consistent with or required by the provisions of
this Declaration or the Bylaws, whether the same be expressed or implied, including
but not limited to the following:
(a) The power to promote the health, safety, and welfare of the
Owners of the Lots.
(b) The power to exercise all of the powers and privileges and to
perform all of the dudes and obligations of the Corporation as
set forth in the Declaration and Bylaws of the Corporation.
(c) The power to fix, levy, collect, and enforce payment of any
charges Or assessments as set forth in the Declaration and to
pay all expenses it, connection with such charges or
assessments, all office expenses, and all other expenses
incidental to the conduct of the business of the Corporation,
including all licenses, taxes, or governmental charges levied or
imposed against the property of the Corporation.
(d) The power to acquire (by gifts purchase, or otherwise), own,
hold, improve, build on, operate, maintain, convey, sell, lease,
transfer, to dedicate for public use, or othenAmise to dispose of
real personal property in connection with the affairs of the
Corporation.
(e) The power to borrow money, to mortgage, to pledge, to deed
in trust, or to hypothecate any or all of the Corporation's real
or personal property as security for money borrowed or debts
incurred.
The power to keep accounting records with respect to all
activities and operations of the Corporation.
(g) The power to contractArith and employ other for maintenance
and repair.
(h) The power to adopt rules and regulations concerning the
operation of the Corporation.
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(i) The power to appoint a management company to operate the
Corporation.
The power to have and to exercise any and ail powers, rights,
and privileges that a corporation organized under the Texas
Non-Profit corporation Act by law may now or at a later time
have or exercise.
W The power to act in the capacity of principal, agent, joint
venturer,partner, or otherwise.
Section 5. Enforcement of Declaration. The Association, through the Board
of Directors, shall have the right to enforce this Declaration, except and to the extent
that the right to enforce certain provisions hereof has been granted to the
Architectural Control Committee, whether expressly or by implication. If the Board
of Directors shall fail or refuse to enforce this Declaration for an unreasonable period
of time, after written request to do so, then any aggrieved Owner may enforce this
Declaration on his own behalf by appropriate action, whether in law or in equity.
ARTICLE IV
Property Rights in Common Properties
Section L Members' Easements of Enjoyment. Subject to these terms,
conditions and provisions hereof, every Member shall have a right and easement of
enjoyment in and to the Common Properties, and such easement shall be
appurtenant to and shall pass with the title to every Lot or Living Unit. In addition,
any member may delegate, in accordance with the Bylaws of the Association, his
right and easement of enjoyment to members of his family, his guests, his tenants, or
contract purchasers who reside on The Property.
Section 2. Tide to Common Properties. Developer shall retain the legal title
or easements to the Common Properties until such time as it no longer owns any
Lots. The Association shall pay or reimburse Developer for taxes, insurance
premiums, and maintenance relating to the Common Properties,
Section 3. Decorative Fencing-, in addition to the other common areas
defined herein, the Common Properties shall include decorative fencing around a
portion of the perimeter of the Properties and a portion of the Comm on Property.
The design and materials of construction and/or repair of the said decorative fence
shall be approved by the Architectural Control Committee.
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ARTICLE V
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments.
Developer, for each Lot or Living Unit owned by him within the Properties, hereby
covenants, and each Owner of any Lot or Living Unit by acceptance of a deed
therefor, whether or not it shall be so expressed in any such deed or other
conveyance, shall be deemed to covenant and agree to pay to the Association: (1)
annual assessments of charges, (2) special assessments for capital improvements,
such assessments to be fixed, established and collected from time to time as
hereinafter. provided. Such annual and special assessments, together with such
interest thereon and costs of collection thereof as hereinafter provided shall be a-
charge on the land and shall be a continuing hen upon the property against with each
such assessment is made. Each such assessment, together with such interest thereon
and cost of collection thereof, and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. Separate annual or special assessments shall be made
upon each Lot or Living Unit whether or not there is more than one Living Unit per
Lot.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used, exclusively for the purpose of promoting the recreation,
health, safety and welfare of the residents in The Properties, and, in particular, for
the improvement and maintenance of properties, services and facilities devoted to
this purpose and related to the use and enjoyment of the Common Properties and of
homes situated upon or appurtenant to the Properties, including, but not limited to,
the payment of taxes and insurance thereon, and repair, replacement and additions
thereto, and for the cost of labor, equipment, materials, management and supervision
thereof,
Section 3. Basis and Maximum of Annual Assessments. Annual assessments
shall begin on the first day of the month following the initial conveyance of any Lot
by the Developer, and annual assessment for the Owner of each Lot or Living Unit
shall be determined at an annual rate.
The Board of Directors of the Association, may, after consideration of current
maintenance costs and fatme needs of the Association, fix the actual assessinent.
Section 4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized by Section 3 hereof, the Association may levy in any
assessment year a special assignment, applicable to that year only, for the purpose of
defraying, in whole or part, the cost of any construction or reconstruction,
unexpected repair or replacement of a described capital improvement upon the
Common Properties, including the necessary fixtures and personal property related
thereto, provided that any such assessment shall have the assent of 66 2/3 percent of
the votes of each Member who has voted in person or by proxy at a meeting duly
called for such purpose, written notice of which shall be sent to all Members not less
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than thirty (30) days nor more than sixty (60) days in advance setting forth the
purpose of the meeting.
Section 5. Change in Basis and Maximum of Annual Assessments. From and
after January 1 of the year immediately following the commencement of annual
assessments, the maximum annual assessment may be increased effective January I
of each year without a vote of the membership in conformance with the rise if any, of
the Consumer Price Index (published by the Department of Labor, Washington,
D.C.)for the preceding month of July.
From and after January 1 of the yeax immediately following the
commencement of assessments, the maximum annual assessment may be increased
above that established by the Consumer Price Index formula by a vote of the
Members, provided that any such change shall have the approval of two-thirds (2/3)
of the Members voting in person or by proxy at a meeting duly called for such
purpose, written -notice of which shall have been sent to all Members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting setting for-L-11
the purpose of the meeting.
The limitations of Article V, Section 3 hereof shall not apply to any change in
the maximurn and basis of the assessments undertaken as an incident to a merger or
consolidation in which the Association is authorized to participate under its Bylaw's
and under the provisions of this Declaration.
Section 6. Quorum for any Action under Sections 4 and 5. The Quorum for
any action authorized by Section 4 and 5 shall be as follows,
a. At the first meeting called as provided in Sections 4 and 5 hereof,
the presence at the meeting of Members or of proxies entitled to
cast 51 percent of all the votes of the membership shall constitute a
quorum.
b. If the required quorum is not forthcoming at any meeting, another
meeting may be called subject to the notice requirements set forldi
in Sections 4 and 5 and the required quorum at any such
subsequent meeting shall be one-half(1/2) of the required quorum
at the preceding meeting, provided that no such subsequent
meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 7. Due Date of Assessments, The semi-annual assessments provided
for herein shall become due and payable on the F day of January after the
commencement day herein above set out and the due date of any special assessment
under Article V section 4 hereof shall be fixed in the resolution authorizing such
assessment,
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The Board of Directors may, at its option, change the annual assessments to
semi-annual or monthly assessment and determine the due date thereof.
Section 8. Duties of the Board of Directors. The Board of Directors of the
Association shall, upon the commencement date herein provided, prepare a roster of
the Properties 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 the
initial assessment and of any subsequent changes therein shall be forthwith sent to
every Owner subject thereto.
The Association shall upon demand at any time furnish to any Owner liable
for said assessment a certificate in writing signed by an officer of the Association,
setting forth whether said assessment has been paid. A reasonable charge may be
made by the Board for the issuance of such certificate and such certificate shall be
conclusively evidence of payment of any assessment therein stated to have been paid.
Section 9. Effect of Non-payment of Assessment. Personal Obligations of
Owner, Lien, Remedies of Association. If the assessments are not paid on the date
when due, then such assessments shall become d d- inquent and shall, together with
such interest thereon and cost of collection thereof as hereinafter provided, forthwith
become a continuing lien on the property which shall bind such property in the
hands of the then Owner, his heirs, devisees, personal representatives and assigns.
The personal obligation of the then Owner to pay such assessment, however, shall
remain his personal obligation for the statutory period and shall not pass to his
successors in title unless expressly assumed by them,
If the assessment is not paid within thirty (30) days after the due date, the
assessment shall bear interest from the date of delinquency at the rate of ten percent
(10%) per annum, and the Association may bring an action at law against the Owner
personally obligated to pay the same or to foreclose the lien against the property, and
there shall be added to the amount of such assessment the cost of preparing and filing
the petition in such action, and in the event a judgment is obtained, such judgment
shall include interest on the assessment as above provided , and a reasonable
attorney's fee to be Exed by the Court, together with costs of the action. No Own--
may waive or otherwise escape liability for the assessments provided for herein by
non-usage of the Common Properties or abandonment of his property.
Section 10. Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any mortgage or
mortgages now or hereafter placed upon The Properties subject to assessment;
provided, however, that such subordination shall apply only to the assessments
which have become due and payable prior to a sale of transfer of such property
pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure.
Such sale or transfer shall no relieve such property from liability for any assessments
thereafter becoming due nor from the lien of any such subsequent assessment.
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Section 11. Exempt Property. The following property subject to this
Declaration shall be exempt from the assessments, charges and lien created herein:
a. all properties to the extent of any casement or any other interest
therein dedicated and accepted by the local public authority and
devoted to public use.
b. All Common Properties as defined in Article 1, Section 1, hereof,
c. All properties exempted from taxation by the laws of the State of
Texas, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements
devoted to dwelling use shall be exempt from said assessments,
charges or liens.
ARTICLE VI
Architectural Control
Section 1. The Developer hereby appoints an Architectural Control
Committee (herein so called), which shall -consist of three (3) members, who shall be
appointed by the Developer. All matters before the Architectural Control
Committee shall be decided by a majority vote of its members. After the Developer
conveys the last Lot owned by the Developer, the Association shall. assume all of the
rights and powers of the Architectural Control Committee and shall exercise same,
through the Board of Directors, in the manner herein provided. In the event of the
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 the Developer conveys the last Lot owned by the
Developer, and by the Association if such death, incapacity or resignation occurs
thereafter.
Section Z. All building plans must be submitted to the Architectural Control
Conunittee for approval before construction begins, No building, fences, wall, Sign,
exterior light, or other structure or other apparatus, either permanent or temporary
shall be commenced, erected, placed or maintained upon the Existing Property (or
any Lot constituting a part thereof), nor shall any remodeling or reconstruction
thereof, exterior addition thereto, change therein, or alteration, excavation,
subdivision or re-subdivision thereof, including without limitation changes in or
alterations of grade, roadways and walk-ways, be made until the plans and
specifications showing the nature, kind, shape, height, materials, color, and location
and other material attibutes of the same shall have been submitted to and a-mroved
in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Architectural Control Committee; and shall include
a plot plan showing the location of the Improvements, the plan for drainage and the
construction plans giving the dimensions of all, improvements and shall specify in
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addition to construction diagrams and specifications, all materials to be used and
color schemes for all Improvements. If the Architectural Control Committee fails to
approve or disapprove such design and location within thirty (30) days after such
plans and specifications have been submitted to it, approval of the Architectural
Control Committee will be deemed to have been given, and this Article will be
deemed to have been fiffly complied with. The Architectural Control Committee
shall have the right, all in the sole discretion of the Architectural Control Committee,
to disapprove any plans and specification submitted to it for any of the following
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 Town of Westlake, Texas;
(b) if the external design, elevation, appearance, location or color
scheme for the proposed improvements are not in harmony
with the general surrounding of the Existing Property or ivrith
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) if 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 a!l parts of the Existing
Property.
'n,e Architectural Control Committee shall,have authority to levy and collect
fines on a schedule of fines approved by the Board of Directors of the Association
for the violation of the Committee's bylaws or this Declaration. All such fines shall
be deemed as assessment against the violator and shall be enforceable in the manner
provided for in Article V hereof.
The Architectural Control Committee is authorized to accept whatever
drawings, plans or specifications as it deems desirable with its sole discretion to be
satisfaction of the foregoing. 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 for any structural or other defects in any work done according to Such
plans and specifications to meet local Code and Laws. The signature of any two
members of the Architectural Control Committee on any such plans and
specifications with "approved" or "disapproved" written or stamped thereon shall be
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prima facie evidence as to such approval or disapproval being the act of the hill
Architectural Control Committee.
ARTICLE V11
Restrictive Covenants
Each of the specifically numbered Lots shown upon any recorded residential
subdivision map of the Properties (as distinguished from such land, if any, within the
limits of such subdivisions which is not specifically platted and numbered as Lots)
shall be impressed with the following restrictions, covenants and conditions for the
purpose of carrying out a general plan of development and maintenance for
continuity and conformance with the intended master plan of the premises:
a. No dwelling, accessory structure, alterations to existing structures,
fence, or landscaping shall be erected or maintained on any Lot
until the plans and specifications for same have been submitted
according to the current Application Procedure and approved by
the Architectural Control Committee prior to commencement of
the same.
b. No trees shall be removed except by utility easements as required
in furnishing of utility services, and no building, fence, wall, or
other structure shall be commenced, erected or maintained upon
the Properties, nor shall any exterior addition to or change or
alteration therein be made until the details, plans and specificarions
showing the color, nature, kind, shape, height, materials and
location or same shall have been submitted, in writing, to, and
approved according to the Application Procedure, as to harmony
or external design and location in relation to surrounding structuxes
and topography by the Architectural Control Committee.
c. All dwellings shall be constructed to front on the street on which
the Lot fronts unless any Lot in question fronts on two streets in
which case the dwelling constructed on such Lot shall front, as the
Architectural Control Committee may approve, on either of the
two streets or partially on both.
d. All dwellings and accessory structures shall be erected and
maintained behind the building fine shown on the lot, or as
otherwise approved by the Architectural Control Committee.
e. No dwelling or accessory structure shall be erected or maintained
nearer than forty (40) feet from one side line and forty (40) feet
from the other side line of any Lot or as approved otherwise by the
Architectural Control Committee.
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f The floor area (that enclosed for heating and /or air conditioning)
of any Living Unit shall be not less than the following; all lots shall
contain a minimum floor area or 6,000 square feet in the Living
Unit.
g. All dwellings shall be constructed of stone, stucco, masonry, brick,
or of a glass building material of the kind usually used for outside
wall construction, or of such other materials as may be approved
by the Architectural Control Committee, to the extent of at least
ninety percent (90%) of the area of the outside walls on the first
floor. The second floor of such dwellings may be masonry or such
other material as may be approved by the Architectural Control
Cortunittee.
h. No fence, wall, or bedge shall be placed on any portion of the sites
with a greater height than seven feet (T), and no fence is permitted
on any part of any Lot unless approved by the Architectural
Control Committee. Should a hedge, shrub, tree, flower or other
planting be so placed, or afterwards grown, so as to encroach upon
adjoining property, such encroachment shall be removed upon
request of the owner of the adjoining property or at the request of
the Architectural Control Committee. Owners of Lots 1,2,3,12A
and 14 shall be required to install the same type of decorative
fencing on the rear of their Lot as installed by the Developer in the
entry areas, if the Owners desire to construct fencing on the rear of
their Lots.
i, All Lots shall be used for single-fancily residential purposes only,
no building shall be erected, altered, placed or permitted to remain
on any lot other than one (1) detached single-fami y residence per
lot, which residence may not exceed two and one-half (2-1/2)
stories in height (excluding basements), and a private garage as
provided below,
j. Each residence may be occupied by only one family consisting of
persons related by blood, adoption or marriage or no more than
two unrelated persons living together as a single housekeeping unit,
together with any household servants.
k. None of the lots shall be subdivided into smaller Lots,
1. No animals, livestock, or poultry of any kind shall be raised, bred
or kept on any lob, except that dogs, cats or other household pets
may be kept provided that they are not kept, bred or maintained for
any commercial purpose.
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m. No noxious or offensive act or activity shall be allowed upon any
Lots, nor shall anything be done thereon which may become an
annoyance or a nuisance to the neighborhood.
n. No sign shall be erected or maintained on any Lot except a "for
sale" sign which sign shall not exceed fifteen (15) square feet in
size, or a sign owned by the Developer or by the Association.
o. Windows and doors which have a public view shall be of wood
construction (including clad wood construction), masonry or cast
stone headers, sides and sills.
p. Roofs shall be composition shingles, wood shingles, slate, imitation
slate, or roof tiles if compatible in color and texture with the
prevailing roofing of homes within the Property. Other roofing
materials must be approved in advance by the Architectural
Control Committee.
q, No radio, television, satellite dish or other aerial shall be erected or
maintained on any Lot except as approved by the Architectural
Control Committee.
r. The garage door of any house or residence within The Properties
must open to the rear or side of the house or as approved by the
Architectural Control Committee. In all instance, the garage of
any dwelling shall be situated and/or screened with decorative
fencing or other materials whereby the street view into the garage is
restricted.
s. Sporting, recreation, exercise and or play equipment, dog runs or
other outdoor items shall not be visible to the public or adjacent
Property owners.
t. A Lot or any portion of any Lot that is exposed to the public view
must be maintained by the property Owner in a neat and orderly
fashion. This provision includes, but is not limited to, the removal
of dead trees (or any portions thereof� from a Lot or any portion of
a Lot that is exposed to public view. Such trees must be removed
within sixty (60) days from the date of receipt of written notice by
the Owner from The Association. In the event this restriction is
not complied vith, The Association has the right to cause this
maintenance to be done at the expense of the property Owner.
u. No Lot affected hereby shall be used for the dumping or storage of
rubbish, trash, debris, surplus soil or rocks, etc.
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v. No drilling, oil development operations 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 similar
structure shall be erected, maintained or permitted upon any Lot.
w. No outbuilding, shop, trailer or residence of a temporary character
shall be permitted (except as other wise reserved.as a right by the
Developer). No building material of any kind shall be stored upon
the lot until the owner is ready to commence improvement.
x. No boats, trailers, mobile home, camper, boat trailer or similar
wheeled vehicle shall be stored (except temporarily, not to exceed
24 hours) nearer to the street than the front of the Living Unit
situated thereon. No house trailer, mobile home, camper, boat
trailer, or similar wheeled vehicle shall be stored or parked on any
Lot except in a closed garage or within the fence, wall or enclosed
portion of such Lot and any such fence, wall or other enclosure
shall be subject to approval by the Architectural. Control
Committee,with the exception of reserved rights of the Developer.
y, All houses and structures permitted shall be completed within nine
(9) months from date of commencement of construction or unless
otherwise extended by the Architectural Control Committee. No
structure shall be occupied unless and until the premises are
connected in a proper way with its sewage treatment system.
z. Specifically exempted from the provisions of this section are
activities by the Developer, carried out in the regular pursuit of
construction, maintenance and sales �rithin the subdivision which
exermption shall end when all development activity including sales
by them are completed.
aa. No vehicle of any size which transports inflammatory or explosive
or hazardous cargo may be kept in the Properties at any time.
bb.No mailbox shall be installed without the prior approval of the
Architectural Control Conunittee.
cc. Each Lot on which a residential Living Unit is constructed shall
contain an underground water sprinkler system for the purpose of
providing sufficient water to preserve and maintain the landscaping
in a healthy and attractive condition.
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ULI-jU-CUUbkMUN) Wal UNHULti LULL bKHULL7 LLr krHA)0IIa0IDC3U r. u i �i uL i
dd.Each lot on which a dwelling unit is constructed shall have
landscaping including but limited to, shrubs, flowers, trees, ground
cover, and grass, of a sufficient quality, quantity and design to be
compatible with the intent of the Developer. Landscaping of a Lot
shall be completed within one hundred twenty (120) days after the
date on which the Living Unit is ninety percent (90%) complete.
Lot owners shall, use reasonable efforts to preserve, keep and
maintain the Landscaping in a healthy and attractive condition.
Landscaping plans must be submitted and approved by the
Architectural Control Committee prior to installation.
cc. Each Lot owner shall mow and maintain the landscaping and
vegetation on his/her Lot in such a manner as to control weeds,
grass and/or other unsightly growth at all times. If after ten (10)
days prior to written notice and owner shall fail to (i) control
weeds, grass and/or other unsightly growth; (ii) remove trash,
rubble, building and construction debris; or(iii) exercise reasonable
care or conduct to prevent or remedy an unclean, untidy or
unsightly condition, then Association shall have the easement,
authority and right to go onto said Lot for the purpose of mowing
and cleaning said Lot on each respective occasion of such mowing
or cleaning, and the costs thereof shall be assessed against the Lot
of the offending Owner, who shall be given written notice thereof
specifying the amount of assessment and demanding payment
within thirty (30) days of said notice. The assessments together
with such interest thereon and costs of collection thereof, shall be a
charge on the land and shall be a continuing lien upon each Lot
against which each such assessment is made. Each such
assessment, together with such interest thereon and costs of
collection thereof' shall also be the continuing personal obligation
of the person who was the owner of such Lot at the time when the
assessment occurred and may be enforced as set forth in Section 9
of Article IV, above. The lien securing any such assessment shall
be subordinate and inferior to the alien of any mortgage or any
renewals or extensions thereof existing prior to assessment date.
ff. At the time of initial construction of any Living Unit, each
residential dwelling shall include provisions for the installation of
smoke detectors and such other safety and security devices which,
in the opinion of the Architectural Control Committee, are
reasonably required for the individual Living Unit.
gg.Each Lot on which a residential Living Unit is constructed shall
contain a septic system or an underground aerobic-type sewage
treatment.system, which system shall be subject to the approval of
the Architectural Control Committee. The Association shall
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contract with an aerobic system and/or Septic system maintenance
company to provide the maintenance to all such systems.
hh.Each owner of any Lot or dwelling unit in The Properties, shall
maintain ,his Lot and shall Construct and maintain all
improvements thereon in accordance with the applicable
ordinances and regulations of the Town of Westlake,
ARTICLE VIII
Easements Reserved
a. No shrubbery, fence,building or other permanent structure shall be
erected or maintained within areas designated on any recorded plat
of The Properties as utility, drainage or landscaping casements,
except as may be approved by the Architectural Control committee
and the Town of Westlake.
b. Developez, reserves for the use and benefit of the Association a
perpetual easement as shown on the recorded plat of The
Properties, and of such other additions as may hereafter be covered
and included in this Declaration as Supplement for the purpose of
erecting a fence of reasonable height and composition, The
Homeowners Association shall repair and maintain fence Lence as
needed.
ARTICLE IX
General Provisions
Section 1. Duration, The restrictions, covenants and conditions of this
Declaration -,hall run with and bind the land, and shall inure to the benefit of and be
enforceable by the Association or the Owner of any land subject to this Declaration,
their respective legal representatives, heirs, successors and assigns for a term of
twenty-five (25) years from the date this Declaration is recorded, after which time
said covenants shall be automatically extended for successive periods of ten (10)
years unless an instrument signed by the then Owners of Fifty-one Percent (51%) of
the Lots or Living Units has been recorded, agreeing to change said restrictions,
covenants and conditions in whole or in part-, provided, however, that no such
agreement to change shall be effective unless made and recorded one (1) year in
advance of the effective date of such change and unless written notice of the
proposed agreement is sent,to every Owner at least thirty(30) days in advance of any
action taken.
Section 2. Reserved Rights of Developer. Notwithstanding any other
provision hereof, Developer reserves the right (upon application and request of the
owner of any Lot) to waive, vary or amend (by an appropriate letter to that effect
addressed and delivered to such applicant owner by Developer) the application of
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any of these covenants and restrictions to such Lot if, in the sole discretion of he
Developer such action be necessary to relieve hardship or permit good architectural
planning to be affected. Developer also reserves the right: To redivide and replat
any of the property shown on the Flat of an Lot or Unit now or hereafter recorded
for any Lot or Unit of The Properties at anytime in question owned by the Developer
without any notice or consent of any other owner.
Section 3. Sales Office. Developer may designate the location of a Sales
Office for use in offering Lots for sale, and for all purposes incident thereto. Said use
in intended as temporary, and shall cease at such time as seventy five percent(75%)
of the Lots in all have been sold and Living Units constructed thereon, or on
December 31, 1996, whichever is the later.
Section 4. Invalidation and Severability. The invalidation by any Court of
any reservation, covenant and restriction herein or in any contract or deed contained
shall not impair the M force and effect of any other reservation, covenant or
restriction.
Section S. Acceptance of Declaration. The provisions hereof are hereby
made a part of each contract and deed in respect of any Lot to the same effect as if
fully set forth therein, and each such contract and deed shall be conclusively held to
be executed, delivered and accepted upon and subject to the provisions and
conditions herein set forth.
Section 6. Interpretation. Developer's interpretation of the meaning and
application of the provisions hereof shall be final and binding on all interested parties
at any time in question.
Section 7. Other Cornmittees. Developer may appoint a committee of one or
more persons to exercise any or all of the discretionary rights and powers reserved
herein to Developer.
Section S. Assignment, Developer rnay assign to any person or corporation
any or all rights, powers, reservations, easements and privileges herein reserved by
and to Developer and any such assignee shall have the same right to so assign.
Section 9, Notices. Any notice required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have been properly sent
when mailed postage prepaid 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.
Section 10. Enforcement. Enforcement of these restrictions, covenants and
conditions shall be by any proceeding at law or in equity against any person or
persons violating or attempting to violate any of such restrictions; covenants and
conditions, either to restrain violation or to recover damages and against the land to
enforce a lien created by these covenants, and failure by the Association or any
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OCT-30-2006(MON) 11: 42 BRADLEY LUCE BRADLEY LLP (FHX)8174815230 P. UHIUc
Owner to enforce any restriction, covenant or condition herein contained shall in no
event be deemed a waiver of the right to do so thereafter. If any controversy, claim,
or dispute arises relating to this instrument, its breach or enforcement, the prevailing
party shall be entitled to recover from the losing party reasonable expenses,
attorney's fees, and court costs.
Section 11. Amendments. Notwithstanding anything herein above,
Developer, at its sole discretion, may amend or change these covenants and
restrictions with the consent of at least fifty-one (5 1%) of the outstanding votes of the
association.
Section 12. Rules and Regulations. The Developer may adopt certain
reasonable rules and regulations, together with sanctions for the -violation thereof, to
insure maintenance of the character and quality of Wyck Hill Homeowners
Association, Inc. in harmony with the guidelines set forth in these Restrictive
Covenants and Conditions. From time to rime, the Association may amend or vary
such rules and regulations according to the Bylaws of the Association.
EXECUTED this—day of_, 2006.
Westlake Estate Partners Ltd.
By:Its General Partners:
Realty Capital Partners H, Inc., a Texas corporation
By:
Print Name
It's:
Wyck Hill Homeowners Association, inc.
F/K/A The Estates of Westlal<e Homeowners Association, inc.
(Members constituting more than fifty-one percent(51%) of the outstanding votes)
and spouse
William E. Greenwood, President Print Name:
and spouse
Kipp A.Whitman, Vice-President Print Name:
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and spouse
Deborah Graves, Seer./Trews. Print Name: _
and spouse
Print Name: Print Name:
and spouse
Print Name: Print Name:
and spouse
Print Name. Print Name:
and spouse
Print Name: Print Name:
anti.spouse
Print Name: Print Name:
and spouse
Print Name. Punt Name:
and spouse
Print Name: Pant Name:
and spouse
Print Name: Print Name:
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OCT-30-2006(MON) 11 : 42 BRADLEY LUCE BRADLEY LLP (FHX)81Y4815230 P. 024/027
STATE OF TEXAS
COUNTY OF 4
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
- day of-, 2006, by I of
Realry Capital Partners H, Inc., a Texas corporation, General Partner of Westlake
Estate Partners, Ltd. a Texas limited partnership on behalf of said partnership.
Notary Public and for the
State of Texas
My commission expires:
STATE OF TEXAS #
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of -, 2006, by William E. Greenwood and spouse
Notary Public and for the
State of Texas
My co=ission expires:
STATE OF TEXAS
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by Kipp A. VJMtman and spouse
Notary Public and for the
20
UL I—:JU—CUU0�MUN) I I ; C C OKNULLJ LULL UNHULLJ LLr kFMA)0II40I7C3U r. uc Di uF-i
State of Texas
My commission expires:
STATE OF TEXAS
COUNTY OF
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by Debroah Graves and spouse
Notary Public and for the
State of Texas
My commission expires:
STATE OF TEXAS #
COUNTY'OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was aclmowledged before me on the
day of 2006, by and spouse
Notary Public and for the
State of Texas
My commission expires:
STATE OF TEXAS #
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of _, 2006, by and spouse
Notary Public and for the
21
UP I-JU-LLIUU t M UIX) I i ; a C OKNULtJ LULL bNHULLJ LLF P. 026/027
State of Texas
My conunission.expires:
STATE OF TEXAS #
COUNTY OF ft
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by and spouse
Notary Public and for the
State of Texas
My commission expires:
STATE OF TEXAS
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by and spouse
Notary Public and for the
State of Texas
My connaission.expires:
STATE OF TEXAS
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by and spouse
Notary Public and for the
22
UINIIULLZI LULL urnULL3 LLr kFHAJ0JfQ0I�C3U fl- U� U�
State of Texas
My commission expires:
STATE OF TEXAS #
COUNTY OF #
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of -, 2006, by and spouse
Notary Public and for the
State of Texas
My commission expires:
STATE OF TEXAS
COUNTY OF
This Second Amended and Restated Declaration of Restrictions, Covenants
and Conditions of The Estates of Westlake was acknowledged before me on the
day of 2006, by and spouse
Notary Public and for the
State of Texas
My commission expires:
After Recording,Return to.
Brad Bradley
Bradley Luce Bradley, LLP
1256 Main Street, Ste. 252
Soudilake,TX 76092
23