HomeMy WebLinkAbout08-26-19 TC Agenda Packet ' �'I I I / / / I /'I '/ . / / I I I
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Vision Statement
An oasis of natura/beauty that maintains our open spaces in balance with distinctive
deve%pment, trai/s, and qua/ity of/ife amenities amidst an ever ex,nanding urban/andsca,ne.
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Mission Statement
West/ake is a unique communi b/ending preservation of our natura/environment and
viewscapes, while ser�ing our residents and businesses with superior municipa/and academic
services that are accessib/e, e�cient, cost-effective, and transparent.
West/ake Texas- "One-of-a-kind community; natura/oasis-,nro�iding
an exceptional level of service."
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
4. DISCUSSION ITEMS
a. Presentation and discussion from the Public Art Competition Advisory Committee
regarding the committee's progress and site location.
b. Presentation and discussion regarding the project summary of Fire-EMS Station
No.1.
c. Presentation and discussion regarding the proposed amendment to Chapter 46,
Article VI, Tobacco Products, Smoking and E-Cigarettes.
d. Standing Item: Presentation and discussion of development projects per Staff
Report June and July 2019 including an Entrada report from the Developer,
projects in Planned Development PD 3-5, and development related legislation
approved by the Texas Legislature at the 2019 86th Regular Legislative Session.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- Front 44
- The Knolls
6. RECONVENE MEETING
7. COUNCIL RECAP / STAFF DIRECTION
Regular Session will begin immediately following the work session
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1. CALL TO ORDER
2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of
Community Interest pursuant to Texas Government Code Section 551.0415 the Town
Council may report on the following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3) recognition of individuals; (4)
reminders about upcoming Town Council events; (5) information about community
events; and (6) announcements involving imminent threat to public health and safety.
3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council cannot by law take action
nor have any discussion or deliberations on any presentation made to the Council at this
time concerning an item not listed on the agenda. The Council will receive the
information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on June 17, 2019.
b. Consider approval of the minutes from the meeting on August 7, 2019.
c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting
a Resolution updating the Facility Use Guidelines and Policies to include new
procedures and rental spaces.
d. Consider approval of Ordinance 887, Amending Chapter 78 Streets, Sidewalks
and Other Public Places, Article III Town Owned Cemeteries, Section 78-60
I.O.O.F. Westlake Cemetery; Changing the name of the I.O.O.F. Cemetery to the
Westlake I.O.O.F. Cemetery.
e. Consider approval of Ordinance 888, Amending Chapter 18, Buildings and
Building Regulations Article II, Codes, Sections 18-31 through Sections 18-60.
f. Consider approval of Res 19-23, Approving the declaration of Covenants,
Conditions, and Restrictions and Design Guidelines for the Knolls at Solana.
g. Consider approval of Res 19-24, Adopting the 2019 Development Review
Calendar and Submittal Policy.
h. Consider approval of a Resolution 19-25, Accepting a generous donation, to be
used exclusively, for the addition to the Sam and Margaret Lee Arts and Sciences
Center located at 2600 JT Ottinger Road a donation.
Page 3 of 5
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 889,
APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN
FOR AN APPROXIMATELY 0.35-ACRE PORTION OF PLANNED DEVELOPMENT
DISTRICT 3, PLANNING AREA 5B (PD 3-5B) AMENDING ORDINANCE 770 AND
ORDINANCE 827 IN ORDER TO ALLOW THE CONSTRUCTION OF A RETAIL
BUILDING ON THE CHARLES SCHWAB CAMPUS GENERALLY LOCATED ALONG
SCHWAB WAY BETWEEN JT OTTINGER ROAD AND STATE HIGHWAY 114.
6. DISCUSSION AND CONSIDERATION OF ORDINANCE 890, UPDATING THE
SOLANA PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN
AND ASSESSMENT ROLL 2018.
7. CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH STATE LAW. THIS ITEM
IS THE FIRST OF TWO PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX
INCREASE. AS THE PROPOSED TAX RATE ($0.16018 PER $100) EXCEEDS THE
EFFECTIVE TAX RATE ($0.14483 PER $100), TRUTH-IN-TAXATION REQUIRES
THAT THE TOWN COUNCIL HOLD TWO PUBLIC HEARINGS ON THE PROPOSAL.
THE SECOND PUBLIC HEARING WILL BE HELD ON SEPTEMBER 9, 2019, AT
TOWN HALL. TOWN COUNCIL WILL VOTE ON THE TAX RATE DURING THE
REGULAR MEETING ON SEPTEMBER 23, 2019. BOTH MEETINGS WILL TAKE
PLACE AT TOWN HALL IN THE COUNCIL CHAMBERS AT 1500 SOLANA BLVD.,
BLDG. 7, STE., 7100, WESTLAKE, TEXAS.
8. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- Front 44
- The Knolls
9. RECONVENE MEETING
10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
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11. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under��Future Agenda Item Requests", an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item's relationship to the Council's strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
12. AD]OURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, August 20, 2019, by 5:00 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
Kelly Edwards, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Page 5 of 5
Town Cou nci I
Item # 2 — Pledge of
Allegiance
Texas Pledge:
"Honor the Texas flag;
I pledge allegiance to
thee, Texas, one state
under God, one and
indi�isible. "
Town Cou nci I
Item # 3 — Review of
Consent Items
REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
a. Consider approval of the minutes from the meeting on June 17, 2019.
b. Consider approval of the minutes from the meeting on August 7, 2019.
c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting
a Resolution updating the Facility Use Guidelines and Policies to include new
procedures and rental spaces.
d. Consider approval of Ordinance 887, Amending Chapter 78 Streets, Sidewalks and
Other Public Places, Article III Town Owned Cemeteries, Section 78-60 I.O.O.F.
Westlake Cemetery; Changing the name of the I.O.O.F. Cemetery to the Westlake
I.O.O.F. Cemetery.
e. Consider approval of Ordinance 888, Amending Chapter 18, Buildings and
Building Regulations Article II, Codes, Sections 18-31 through Sections 18-60.
f. Consider approval of Res 19-23, Approving the declaration of Covenants,
Conditions, and Restrictions and Design Guidelines for the Knolls at Solana.
g. Consider approval of Res 19-24, Adopting the 2019 Development Review Calendar
and Submittal Policy.
h. Consider approval of a Resolution 19-25, Accepting a generous donation, to be
used exclusively, for the addition to the Sam and Margaret Lee Arts and Sciences
Center located at 2600 JT Ottinger Road a donation.
Town Cou nci I
Item #4 — Discussion
Items
DISCUSSION ITEMS
a. Presentation and discussion from the Public Art Competition Advisory Committee
regarding the committee's progress and site location.
b. Presentation and discussion regarding the project summary of Fire-EMS Station
No.1.
c. Presentation and discussion regarding the proposed amendment to Chapter 46,
Article VI, Tobacco Products, Smoking and E-Cigarettes.
d. Standing Item: Presentation and discussion of development projects per Staff
Report June and July 2019 including an Entrada report from the Developer, projects
in Planned Development PD 3-5, and development related legislation approved by
the Texas Legislature at the 2019 86th Regular Legislative Session.
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
Workshop - Discussion Item oisriNcrivE sv o�sicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Presentation and discussion of Public Art committee progress and site
location
STAFF CoNTAc'T: Noah A. Simon, Deputy Town Manager
Strategic Alignment
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Vision: An oasis of nautural
beuty that maintains our High Quality Planning,Design&
open spaces in balance with Development-We are a desirable
distinctive development, Citizen, Student& �,ell planned,high-quality preserve Desirability
trails,and quality of life Stakeholder community that is distinguished by &Quality of Life
amenities amidst an ever exemplary design standards.
ex andin urban landsca e.
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Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDiNG APPLICABLE ORGANIZATIONAL HISTORY)
On July 14, 2019, the Westlake Public Art Competition Committee (WPACC) met, received and
discussed four(4)presentations from artists who had been selected based on their responses to the
Request for Qualifications. After the presentations and a healthy discussion by WPACC members,
WPACC Chair Russell Tether and WPACC member Robin McCaffrey met with Mayor Wheat to
discuss the Committees findings.
The WPACC and Town Council previously determined the best location for this inaugural piece
of Westlake public art is the northwest corner of Dove Road and Davis Boulevard where the
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Town's new fire/ems station is located. WPACC Chair Russell Tether and WPACC member
Robin McCaffrey would like to update the Town Council on the process, progress to date and
discuss an alternate location for the inaugural piece of Westlake public art based on the
deliberations and discussion by the WPACC.
RECOMMENDATION
Review and discuss progress of public art
ATTACHMENTS
None
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Westlake Town Council
TYPE OF ACTION T x E i o w N o F
WESTLAKE
Workshop - Discussion Item oisriNcrivE sv ofsicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToP�c: Discussion and presentation regarding the project summary of the
Westlake Fire-EMS Station No. 1.
STAFF CoNTAc'T: Troy J. Meyer, Director Facilities &Public Works
Strategic Ali�nment
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Mission: Westlakc is a
unique community blending
preservation of our natural
environment and Exemplary Service&Governance
viewscapes,while serving People,Faciliries, & -We set the standard by delivering Improve Technology,
our residents and businesess Technology unparalleled municipal and Facilities&
with superior municipal and educational services at the lowest Equipment
academic services that are cost.
accessible, efficient,cost-
effective, &transparent.
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Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 26, 2019 Completion Date: December 31, 2019
Funding Amount: $11.9M Status - � Funded Source - Bond Issuance
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
During a 2017 Town Council workshop, staff presented a proposal, to build a new Fire-EMS
Station. After a location study and budget estimates for the project were completed, the Council
approved an agreement with Brown Reynolds Watford Architects (BRW) to design the Westlake
Fire-EMS Station No. 1. The agreement with BRW included the design of a station with a four-
door, drive through apparatus bay, administration offices, meeting space, a training/EOC room
and living quarters.
On Apri13, 2017, the Council directed staff to proceed with the project with the additional scope
and funding to ensure that the station meet our iconic look to stay true to Westlake's high building
standards. These project changes increased the budget by the amount of$2.76M which was to be
funded using $1.2M (one-time money) from the sale of a six-acre tract of land and a$1.SM seven-
year note, with the remaining $60K being provided by a fund balance.
In 2017, a contract with Core Construction was approved by the Town Council and construction
started in 2018. Construction was completed, and the station went into service in February 2019
with the Grand Opening held on March 23, 2019.
Total proj ect budget is $11.9M which includes a public art allowance of$100,000.
As of August 2,2019,this project is under budget by$327,528. Staff is recommending using these
funds for the following items;
o Two canopies over the east and west doors on the apparatus bay
o Fuel tank and screening walls on the west side of the station
Final budget numbers will be presented at the October 2019 Town Council meeting.
RECOMMENDATION
Review of discussion item and Staff will continue to compile budget numbers for the final budget
presentation to Town Council in October for approval.
ATTACHMENTS
None
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
Workshop - Discussion Item oisriNcrivE sv o�sicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Discussion regarding an amendment to Chapter 46, Article VI, Tobacco
Products, Smoking and E-Cigarettes.
STAFF CoNTAc'T: Jarrod Greenwood, Assistant Town Manager
Strategic Alignment
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Mission: Westlake is a
unique community blending
preservation of our natural
environment and Natural Oasis-Preserve&
viewscapes,while serving Citizen, Student& Maintain a Perfect Blend of the Encourage Westlake's
our residents and businesess Stakeholder Unique Sense of Place
with superior municipal and Community's Natural Beauty
academic services that are
accessible, efficient,cost-
effective, &trans arent.
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Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 21, 2018 Completion Date: September 30, 2019
Funding Amount: N/A Status - � Not Funded Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In 2015, Town Council passed an Ordinance approving a limited smoking ban in trails, right of
ways and a few other specific areas.
Based on Council feedback at the May 20, 2019 Town Council meeting, staff has eXplored
potential ordinance exemptions for existing businesses in Westlake with legal counsel. As you
will recall, our major stakeholders have indicated support for complete regulation within public
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areas (i.e. parks and trails) and but limited within private property. Justification for limited
regulation within each development centered on their need to accommodate international
employees and clientele and that they already have established designated smoking areas.
RECOMMENDATION
Discussion of proposed Ordinance
ATTACHMENTS
Draft Ordinance
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TOWN OF WESTLAKE
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46,
HEALTH AND SANITATION, ARTICLE VI, TOBACCO PRODUCTS, SMOHING
AND E-CIGARETTES, SECTIONS 46-180 THROUGH 46-183 PROHIBITING
SMOHING AND VAPING WITHIN THE TOWN OF WESTLAKE, EXCEPT IN
DESIGNATED OUTDOOR AREAS, PRIVATE CLUBS, AND RESTAURANTS WITH
APPROVED VENTIALTION HANDLING EQUIPMENT; PROVIDING A PENALTY;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, TeXas is a generallaw Town; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the
public health, safety and welfare that they institute a smoke free environment within the
community; and
WHEREAS, Ordinance no. 755 regarding tobacco products, smoking, and E-cigarettes
was approved on October 20, 2015; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds that it is in the
best interests of the town and its citizens that the amendments to Chapter 46, Health and
Sanitation,Article VI,Tobacco Products, Smoking And E-Cigarettes, Sections 46-180 Through
46-183 should be approved and adopted; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 46 Health and Sanitation, Article VI, Tobacco Products,
Smoking and E-Cigarettes, Sections 46-180 through 46-183 of the Town of Westlake Code of
Ordinances, as amended, is hereby amended as follows:
Sec. 46-180 -Definitions.
For purposes of this Ordinance, the following words and phrases, shall be have the following
meanings:
Ordinance XXX
Page 1 of 6
AIR PURIFICATION SYSTEM An electrically powered hospital grade, high-efficiency
particulate air (HEPA) media filter that will clean all of the air in a designated smoking area
every fifteen (15) minutes as follows: not less than ninety-�ve (95) percent of three-tenths
(0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria,
tobacco smoke, viruses and allergens and not less than ninety-�ve (95) percent removal of
gases, vapors, volatile organic compounds (V.O.C.) and odors and contains an air barrier
system or other barrier system if required by a licensed professional engineer, to prevent air
from the smoking area from being drawn across the nonsmoking area.
BAR Any area which is devoted to the serving of alcoholic beverages for consumption by
patrons on the premises. The definition of Bar shall also include,but not be limited to,pubs,
taverns, lounges, and taprooms. Although a restaurant may contain a bar, the term"bar" shall
not include the restaurant dining area.
BIISINESS Any sole proprietorship,partnership,joint venture, corporation or other business
entity formed for profit-making or non-profit purposes, including, but not limited to, banks,
hotels, motels,retail establishments,professional corporations and other entities where
professional services are delivered.
ELECTRONIC SMOKING DEVICE Any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person in any manner
for the purpose of inhaling vapor or aerosol from the product. The term includes any such
device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE Any person who is employed for the consideration of direct or indirect monetary
wages or profit, and any person who volunteers his or her services for a profit or non-profit
entity.
EMPLOYER Any person,partnership, corporation, municipal corporation, non-profit entity or
other entity who employs the services of one or more individual persons.
ENCLOSED AREA An area closed in by a roof and walls with appropriate openings for
ingress and egress.
HEALTH CARE FACILITY Any institution that provides medical, surgical and overnight
facilities for patients, including,but not limited to,hospitals, clinics,physical therapy
facilities, doctor's offices, dentist's offices, nursing homes, adult care facilities, convalescent
homes and residential treatment centers/homes.
PARK/PARKFACILITYmeans all parks, playgrounds, recreational areas owned, leased,
operated or under the control of the town and includes all athletic fields and other similar
facilities owned, leased or operated by the town.
PATIO An improved and defined unenclosed outside area associated with a food service
Ordinance XXX
Page 2 of 6
establishment or bar used for purposes of dining or entertainment.
PEDESTRIAN means a person on foot or in a wheelchair.
PERSON Any individual, partnership, cooperative, association, corporation or venture.
PLACE OF EMPLOYMENT Any enclosed area located on the premises of a business under
the control of an employer including,but not limited to, work areas, employee lounges, rest
rooms, conference rooms, classrooms, employee cafeterias, and hallways.
PRIVATE CLUB A building,recreational amenities or portion thereof, that are owned, leased
or otherwise occupied by an organization, whether incorporated or not, exclusively for use at
all times solely for the recreational, training and development, fraternal, social,patriotic,
political,benevolent or athletic purpose of the organization, and at which alcoholic beverages
are sold only in a manner ancillary to such operations; provided that this term only applies to
an organization. (i) that is connected to a private club with associated recreational, dining, and
associated golf course activities; or(ii) that is connected to a comprehensive corporate
campus owned and operated by or on behalf of a single user.
PUBLIC PLACE Any area in which the public is invited or permitted, including,but not
limited to,businesses, educational and government facilities, health care facilities, restaurants,
public transportation facilities,parks,park facilities, trails, trailheads, right of ways, and
reception areas.
RESTAURANT An enclosed indoor establishment that is open to the public and is devoted
primarily to the sale and service of food for immediate consumption. The term includes a
bar located within the establishment.
SMOKING Inhaling, exhaling, burning or carrying any lighted or heated tobacco or plant
product, including but not limited to cigars, cigarettes, electronic smoking devices, marijuana,
or other combustible substances whose smoke is intended to be internalized.
TOBACCO PRODUCT Any product that is used to internalize or consume tobacco or any
product that contains any tobacco leaves, including but not limited to cigarettes, cigars,pipe
tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for
smoking, chewing, inhalation or other manner of ingestion or absorption.
TOWN The Town of Westlake and its boundaries.
TRAIL A town-wide network of non-motorized, multi-use pathways that are used by
bicyclists, walkers and runners for both transportation and recreation purposes.
TRAILHEAD A designated point of access that may contain a parking area, information
kiosks, restrooms, water hydrants, and may be reached by vehicular or pedestrian access.
VAPING The use of an electronic smoking device which creates an aerosol or vapor, in any
Ordinance XXX
Page 3 of 6
manner, or in any form.
Sec. 46-181 - Prohibition of Smoking and Vaping
1. Smoking and vaping are hereby prohibited in the Town of Westlake, including
but not limited to public places and places of employment, except for the
following areas:
(a) Private clubs, as defined in this Ordinance.
(b) A residential dwelling unit that is used exclusively for a residential use.
(c) Restaurants that comply with both of the following subsections:
i. An Air Purification System must be provided that is separate and
apart from the mechanical ventilation system for the remainder of
the building and the open-aired outdoor patio of a restaurant or
bar; and
ii. After 8:30 p.m. in the designated bar area only of the food service
establishment.
(d) Designated outdoor smoking areas provided that outdoor designated areas
are wholly screened from public view and greater than 50 feet from a
public entrance or operable window of an enclosed area in which smoking
is prohibited.
2. It shall be unlawful for any pedestrian to smoke, vape, use electronic
cigarettes, or use any tobacco or tobacco related products within any right of
way,park,park facility, trail or trailhead within the Town.
Sec. 46-182 -Notice of Prohibition of Smoking and/or Vaping
1. Owners, operators and/or managers shall conspicuously post a"No Smoking"
sign at the entrance(s) and in at least one (1) location inside the establishment.
The sign shall include the international "No Smoking" symbol (depiction of a
burning cigarette enclosed in a red circle with a red bar across it) and the words
"No Smoking".
2. Businesses may seek reprieve from the posting signage requirement in this
Ordinance by providing the Town with evidence sufficient to the Town that
such signage is not necessary to further the purpose of the Town's smoke-free
Ordinance. The Town may determine in its sole discretion whether such
evidence is sufficient to warrant eXempting the business from the no smoking
signs requirement.
3. Failure to comply with this provision will be considered a violation of this
Ordinance.
Sec. 46-183 - Employers
Ordinance XXX
Page 4 of 6
1. Employers shall take reasonable steps to reassign or relocate an employee who
makes an advanced request with reasonable notice to work in a smoke-free
area. If employer cannot reassign or relocate the employee to a smoke-free
area, the employer shall make reasonable accommodations to mitigate the
employee's exposure to the permitted smoking area(s).
2. Employer shall not discriminate or retaliate against any employee who requests
to be reassigned or relocated to a smoke-free area.
Sec. 46-184 - Enforcement
1. The Town Manager, or designee may promulgate rules and regulations as may
be necessary for the purpose of implementing and carrying out the provisions
of this Ordinance.
2. Owners, managers, and/or operators shall inform any person smoking and/or
vaping to immediately stop smoking and/or vaping and extinguish the tobacco
product and/or smoking device. If the person smoking and/or vaping does not
comply, the owner, manager, operator, or employer shall, if applicable, refuse
service and immediately ask the person to leave the premises. Violator(s) shall
be subject to penalties provided for under this ordinance.
3. Owners, managers, operators and/or employers will be considered in violation
of this Ordinance if they do not attempt to enforce this Ordinance by informing
their customers of the smoking prohibition and request that their customer
comply with the Ordinance.
Reserve Sec. 46-185 through 46-200
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
eXceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
Ordinance XXX
Page 5 of 6
incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect on January 1, 2020.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST 2019.
ATTEST: Laura Wheat, Mayor
Kelly Edwards, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance XXX
Page 6 of 6
Westlake Town Council
T H E T D W N 0 F
TYPE OF ACTION W E S T L A K E
Workshop - Discussion Item
Westlake Town Council
Monday, August 26, 2019
ToPrC: Standing Item: Presentation and discussion of development projects per
Staff Report June and July 2019 including an Entrada report from the
Developer, projects in Planned Development PD 3-5, and development
related legislation approved by the TeXas Legislature at the 2019 86th
Regular Legislative Session.
STAFF CoNTACT: Ron Ruthven, Director of Planning and Development
Strategic Alignment
� �
i i � . � . . , : ' � � �
High Quality Planning, Design &
Planned/Responsible Citizen, Student& Development-We are a desirable well preserve Desirability
Development Stakeholder planned, high-quality community that &Quality of Life
is distinguished by exemplary design
standards.
. ,
Outside the Scope of Identified Strategic Tnitiatives
Time Line - Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � Not Funded Source -N/A
DEVELOPMENT REPORT
The July 2019 Development Report is attached.
LEGiSLATION APPROVED BY THE TEXAS LEGiSLATURE AT TAE ZO19 Sf)TA
REGULAR LEGiSLATIVE SESSION.
The 2019 86th Regular Texas Legislative session concluded on May 27th. The Texas Legislature
meets in regular session on the second Tuesday in January of each odd-numbered year. The Texas
Page 1 of 3
Constitution limits the regular session to 140 calendar days. A total of 7,324 bills were filed this
past legislative session. Of those, 1,373 have, or will,become law.
Two bills approved by the Legislature this year, House Bi112439 (HB 2439) and House Bill 3167
(HB 3167), directly impact the regulatory development review process in TeXas municipalities.
These bills will become effective on September 1, 2019. The purpose of this memo is to educate
the Commission on the provisions of these bills and how they will impact TeXas towns and cities,
including Westlake, moving forward.
HB 2439
As summarized by the TeXas Municipal League (TML), "HB 2439 amends the Texas Local
Government Code and generally provides — with some exceptions — that a city can't regulate
building materials or methods beyond those in a nationally-recognized building code. More
specifically, it provides that a city may not adopt or enforce a rule, charter provision, ordinance,
order,building code, or other regulation that: (1)prohibits or limits, directly or indirectly, the use
or installation of a building product or material in the construction, renovation, maintenance, or
other alteration of a residential or commercial building if the building product or material is
approved for use by a national model code published within the last three code cycles that applies
to the construction, renovation, maintenance, or other alteration of the building; or (2) establishes
a standard for a building product, material, or aesthetic method in construction, renovation,
maintenance, or other alteration of a residential or commercial building if the standard is more
stringent than a standard for the product,material,or aesthetic method under a national model code
published within the last three code cycles that applies to the construction, renovation,
maintenance, or other alteration of the building."
"Examples of materials allowed by the 2018 International Residential Code (IlZC) for home
eXteriors include, among others: (1) concrete, stone, or masonry; (2) fiber cement siding; (3)
horizontal aluminum; (4) vinyl siding; or (5) wood siding. A city that has, through an IRC
amendment or any other regulation, mandated a percent masonry requirement is thus preempted.
A builder can now use vinyl siding or wood siding if he or she chooses because those are a
"building product or material [that] is approved for use by a national model code published within
the last three code cycles that applies to the construction, renovation, maintenance, or other
alteration of the building."
HB 3167
HB 3167 amends the Local Government Code to revise provisions relating to municipal and
county approval procedures for land development applications. With respect to municipalities,the
bill provides for municipal approval of a subdivision development plan and for the extension of
the approval deadline for a plat. The bill also sets out a procedure by which the municipality
conditionally approves or disapproves a plan, plat, or plat application is required to provide the
applicant a written statement of the conditions for the conditional approval or reasons for
disapproval. The bill provides for the satisfaction and remedy of those conditions and reasons by
the applicant and for the approval of the previously conditionally approved or disapproved plan,
plat, or plat application.
IMPACTS OF LEGISLATiON
The impacts of these bills are that they seek to"pre-empt"certain regulatory controls of the Town.
Some pre-empted areas include: Town regulation of building materials (such as masonry
Page 2 of 3
standards) through zoning ordinances and other regulations; requirements that the Town approve
plats and other plans within a prescribed timeframe; requirements that the Town provide written
documentation as to why a plat or plan was denied or approved with conditions.
Attached are copies of the bills and companion "FAQ" documents provided by the TML for each
bill.
RECOMMENDATiON AND SUMMARY
Like many cities and towns in Texas, Staff is currently evaluating the full impacts these bills.
Notwithstanding the proposed development submittal policy on this agenda, staff may propose
relevant ordinance and policy amendments on a future Town Council agenda that is responsive to
those impacts.
ATTACHMENTS
2019 Development Report
House Bi112439
House Bi112439 Q&A from the Texas Municipal League
House Bi113167
House Bi113167 Q&A from the Texas Municipal League
Page 3 of 3
T H E T � W H 0 F
1111E TL � KE
D1STfNCTI1fE BY DE51GN
DEVELOPMENT REPORT
JULY 2019
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Project /
Number of Percent Estimated
Project No. Development Lantl Use Size Development Status
Lots/Units Complete Completion
Name
5 Vaquero Residential 296 510 acres 270/296 lots under construction or completed 89.02% 2025/2026
Charles
11, 45, 46, 47 Schwab Office 554,000 29 acres Phase 1 under construction; nearing completion 80% Fall 2019
Phase 1
13 Granada Residential 84 84 acres 67/84 lots under construction or completed 67.26% 2022/2023
14 Carlyle Court Residential 8 10 acres 8/8 lots under construction or completed 81.25% 2020
15 Knolls at Residential 56 62.5 acres Infrastructure improvements under construction 50% 2019/2020
Solana
17 Quail Hollow Residential 96 188 acres 12/96 lots under construction 6.25% 2030+
19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% 2021/2022
Charles
23, 72, 73 Schwab Office 616,000 30 acres Phase 2 site work under construction 10% 2021
Phase 2
25 Spec's Retail 1 12,000 sf Additional square footage/remodel under g5% 2019
construction
3
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Project /
Number of Percent Estimated
Project No. Development Lantl Use Size Development Status
Lots/Units Complete Completion
Name
J: 6 units Block J has 6/6 lots currently under construction
Entrada I: 12 units 2,700sf-
28 Residential Residential E: 12/14 units 4,500sf Block I has 12/12 lots currently under construction 4.81% N/A
322 total Block E has 12/14 lots currently under construction
29, 30 C�edp Retail Retail/Office 4 S f0,000 Retail corner under construction 50% 2019/2020
Hospitality,
34 Entrada Plaza Mayor Condominium, 4 5 acres Site work and foundations under construction -% 2022
Retail
Restaurant Row/ A:
35, 38, 40, Chapel & Reception Restaurants/ 15,422 sf a
43, 71 Hall/Gas Well Entertainment 5 B��: Under construction 22.50/0 2019/2020
Garage 22,414 sf
51 Paigebrooke Residential 6 20 acres 4/6 lots under construction or completed 66.66% N/A
4
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Subdivision Development Percent
Plat Date Total Lots Vacant Lots Acres Permits Issuetl Finals Issued
Name Status Complete
Carlyle Court 3/7/2016 8 0 10.2 Under 8 5 81.25%
development
Carpenter 12/9/1977 14 0 31.6 Built-out 14 14 100.00%
Addition
Entrada 12/14/2015 322 2g2 85 g Under 30 1 4.81%
development
Glenwyck 3/13/2000 84 0 104.3 Built-out 84 84 100.00%
Farms
Granada 6/17/2013 84 17 84.3 Under 67 46 67.26%
development
Knolls at Solana - 56 56 62.5 Under 0 0 0.00%
development
Paigebrooke 3/8/2004 6 2 20.3 Under 4 4 66.67%
development
Quail Hollow 3/28/2016 96 84 188.3 Under 12 0 6.25%
development
Shelby Estates 4/7/1981 6 0 65.7 Built-out 6 6 100%
5
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Subdivision Development Percent
Plat Date Total Lots Vacant Lots Acres Permits Issuetl Finals Issued
Name Status Complete
Spencer Ranch - 38 38 37.8 Concept Plan 0 0 0.00%
Approved
Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 41 40 86.17%
Terra Bella 11/11/2008 26 1 54.8 Under 25 20 86.54%
development
Vaquero 3/27/2000 296 26 510 Mostly built-out 270 257 89.02%
Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 11 11 84.62%
Other/Miscellan _ 25 2 - Mostly built-out 23 21 88.00%
eous
Total 1,121 525 1,333.60 596 510 49.33%
6
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Project Name Total Lots / Units Size Contractor Development Status Estimated Completion
CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017
Primrose Daycare 1 12,460 sf Cooper General Completed May 2017
Contractors
Entrada Sales Office 1 3,463 sf Crescent Custom Homes Completed June 2018
Retail Office: 43,336 sf
Entrada Retail Corner 3 Starbucks: 2,834 sf Crescent Custom Homes Under construction 2019/2020
Retail 1: 1,370 sf
Entrada Residential Under construction;
Block J 6 4,500 sf avg Calais Custom Homes nearing completion on 3 2019/2020
units
Entrada Residential Under construction;
Block E 14 5,000 sf avg Crescent Custom Homes nearing completion on 5 2019/2020
units
Entrada Residential 12 3,600 sf avg Pentavia/Atwood Under construction 2020
Block I Custom Homes
Pedestrian Bridge 1 - Crescent Custom Homes Under construction; 2019
nearing completion
Gas Pad Parking Garage 1 148,398 sf Crescent Custom Homes Under construction 2019/2020
s
. � ' � . . ' � � �
Project Name Total Lots / Units Size Contractor Development Status Estimated Completion
2 lots A: 15,422 sf Under construction;
Restaurant Row 3-6 restaurants B: 22,414 sf Crescent Custom Homes Restaurant A nearing 2019/2020
completion
Chapel &Reception Hall 2 Chapel: 3,207 sf Crescent Custom Homes Under construction 2020
Reception Hall: 14,418
Condo A: 218,658 sf
Entrada Plaza Mayor 4 lots Condo B: 131,571 sf n/a n/a n/a
150 condominium units Hotel: 95,048 sf
Garage: 120,912 sf
9
H.B . No . 2439
1 AN ACT
2 relating to certain regulations adopted by governmental entities
3 for the building products , materials , or methods used in the
4 construction or renovation of residential or commercial buildings .
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :
6 SECTION l . Title 10 , Government Code , is amended by adding
7 Subtitle Z to read as follows :
8 SUBTITLE Z . MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN
9 GOVERNMENTAL ACTIONS
10 CHAPTER 3000 . GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND
11 COMMERCIAL CONSTRUCTION
12 Sec . 3000 . 001 . DEFINITIONS . In this chapter :
13 ( 1) "National model code" has the meaning assigned by
14 Section 214 . 217 , Local Government Code .
15 ( 2 ) "Governmental entity" has the meaning assigned by
16 Section 2007 . 002 .
17 Sec . 3000 . 002 . CERTAIN REGULATIONS REGARDING BUILDING
18 PRODUCTS , MATERIALS , OR METHODS PROHIBITED. (a) Notwithstanding
19 any other law and except as provided by Subsection (d) , a
20 governmental entity may not adopt or enforce a rule , charter
21 provision, ordinance , order , building code , or other regulation
22 that :
23 ( 1) prohibits or limits , directly or indirectly, the
24 use or installation of a building product or material in the
1
H.B . No . 2439
1 construction, renovation, maintenance , or other alteration of a
2 residential or commercial building if the building product or
3 material is approved for use by a national model code published
4 within the last three code cycles that applies to the construction,
5 renovation, maintenance , or other alteration of the building; or
6 ( 2 ) establishes a standard for a building product ,
7 material, or aesthetic method in construction, renovation,
8 maintenance , or other alteration of a residential or commercial
9 building if the standard is more stringent than a standard for the
10 product , material, or aesthetic method under a national model code
11 published within the last three code cycles that applies to the
12 construction, renovation, maintenance , or other alteration of the
13 building.
14 (b) A governmental entity that adopts a building code
15 governing the construction, renovation, maintenance , or other
16 alteration of a residential or commercial building may amend a
17 provision of the building code to conform to local concerns if the
18 amendment does not conflict with Subsection (a) .
19 ( c ) This section does not apply to :
20 ( 1) a program established by a state agency that
21 requires particular standards , incentives , or financing
22 arrangements in order to comply with requirements of a state or
23 federalfunding source or housing program;
24 ( 2 ) a requirement for a building necessary to consider
25 the building eligible for windstorm and hail insurance coverage
26 under Chapter 2210 , Insurance Code ;
27 ( 3 ) an ordinance or other regulation that regulates
2
H.B . No . 2439
1 outdoor lighting that is adopted for the purpose of reducing light
2 pollution and that :
3 (A) is adopted by a governmental entity that is
4 certified as a Dark Sky Community by the International Dark-Sky
5 Association as part of the International Dark Sky Places Program;
6 or
7 (B ) applies to outdoor lighting within five miles
8 of the boundary of a military base in which an active training
9 program is conducted;
10 (4) an ordinance or order that :
11 (A) regulates outdoor lighting; and
12 (B) is adopted under Subchapter B , Chapter 229 ,
13 Local Government Code , or Subchapter B , Chapter 240 , Local
14 Government Code ;
15 ( 5 ) a building located in a place or area designated
16 for its historical, cultural , or architectural importance and
17 significance that a municipality may regulate under Section
18 211. 003 (b) , Local Government Code , if the municipality:
19 (A) is a certified local government under the
20 National Historic Preservation Act (54 U. S . C . Section 300101 et
21 seq. ) ; or
22 (B) has an applicable landmark ordinance that
23 meets the requirements under the certified local government program
24 as determined by the Texas Historical Commission;
25 ( 6) a building located in a place or area designated
26 for its historical, cultural , or architectural importance and
27 significance by a governmental entity, if designated before April
3
H.B . No . 2439
1 l, 2019;
2 ( 7 ) a building located in an area designated as a
3 historic district on the National Register of Historic Places ;
4 (8) a building designated as a Recorded Texas Historic
5 Landmark;
6 ( 9) a building designated as a State Archeological
7 Landmark or State Antiquities Landmark;
8 ( 10) a building listed on the National Register of
9 Historic Places or designated as a landmark by a governmental
10 entity;
11 ( 11) a building located in a World Heritage Buffer
12 Zone ; and
13 ( 12 ) a building located in an area designated for
14 development , restoration, or preservation in a main street city
15 under the main street program established under Section 442 . 014 .
16 (d) A municipality that is not a municipality described by
17 Subsection ( c ) ( 5 ) (A) or (B ) may adopt or enforce a regulation
18 described by Subsection ( a) that applies to a building located in a
19 place or area designated on or after April l, 2019, by the
20 municipality for its historical, cultural, or architectural
21 importance and significance , if the municipality has the voluntary
22 consent from the building owner .
23 ( e) A rule , charter provision, ordinance , order , building
24 code , or other regulation adopted by a governmental entity that
25 conflicts with this section is void.
26 Sec . 3000 . 003 . INJUNCTION. ( a) The attorney general or an
27 aggrieved party may file an action in district court to enjoin a
4
H.B . No . 2439
1 violation or threatened violation of Section 3000 . 002 .
2 (b) The court may grant appropriate relief .
3 ( c ) The attorney general may recover reasonable attorney's
4 fees and costs incurred in bringing an action under this section.
5 (d) Sovereign and governmental immunity to suit is waived
6 and abolished only to the extent necessary to enforce this chapter .
7 Sec . 3000 . 004 . OTHER PROVISIONS NOT AFFECTED. This chapter
8 does not affect provisions regarding the installation of a fire
9 sprinkler protection system under Section 1301. 551 ( i) , Occupations
10 Code , or Section 775 . 045 ( a) ( 1) , Health and Safety Code .
11 Sec . 3000 . 005 . SEVERABILITY. If any provision of a rule ,
12 charter provision, ordinance , order , building code , or other
13 regulation described by Section 3000 . 002 ( a) is held invalid under
14 this chapter , the invalidity does not affect other provisions or
15 applications of the rule , charter provision, ordinance , order ,
16 building code , or other regulation that can be given effect without
17 the invalid provision or application, and to this end the
18 provisions of the rule , charter provision, ordinance , order ,
19 building code , or other regulation are severable .
20 SECTION 2 . This Act takes effect September l, 2019 .
5
H.B . No . 2439
President of the Senate Speaker of the House
I certify that H.B . No . 2439 was passed by the House on April
30 , 2019 , by the following vote : Yeas 124 , Nays 21 , 2 present , not
voting; and that the House concurred in Senate amendments to H.B .
No . 2439 on May 23 , 2019, by the following vote : Yeas 133 , Nays 9 ,
1 present , not voting.
Chief Clerk of the House
I certify that H.B . No . 2439 was passed by the Senate , with
amendment s , on May 19 , 2 019 , by the f o llowing vot e : Yeas 2 6 , Nays
5 .
Secretary of the Senate
APPROVED:
Date
Governor
6
H.B. 2439 (2019)
Legal Q&A
Scott Houston
1. What is H.B. 2439?
H.B. 2439 by Representative Dade Phelan (R — Beaumont) is effective September 1, 2019, and
generally provides — with some exceptions — that a governmental entity, including a city, may
not adopt or enforce a rule, charter provision, ordinance, order,building code, or other regulation
that: (1) prohibits or limits, directly or indirectly, the use or installation of a building product or
material in the construction, renovation, maintenance, or other alteration of a residential or
commercial building if the building product or material is approved for use by a national model
code published within the last three code cycles that applies to the construction, renovation,
maintenance, or other alteration of the building; or (2) establishes a standard for a building
product, material, or aesthetic method in construction, renovation, maintenance, or other
alteration of a residential or commercial building if the standard is more stringent than a standard
for the product, material, or aesthetic method under a national model code published within the
last three code cycles that applies to the construction, renovation, maintenance, or other
alteration of the building. See TExAs Gov'T Co�E Section 3000.002(a)(1) & (2).
A rule, charter provision, ordinance, arder, building code, or other regulation adopted by a city
that conflicts with the bill is void. 3000.002(e).
2. Why was the bill needed?
According to the Texas House Business and Commerce Committee Report:
There have been concerns raised regarding the elimination of consumer and builder
choice in construction through overly restrictive local municipal zoning ordinances,
building codes, design guidelines, and architectural standards. Critics argue that these
restrictive ordinances, codes, guidelines, and standards create monopolies, increase the
cost of construction, and ultimately price thousands of Texans out of the housing
market. C.S.H.B. 2439 seeks to address these concerns and eliminate the ability of a
governmental entity to enact overly restrictive, vendor-driven building regulations.
In other words, the undertone was that cities were enacting ordinances that required builders to
use products available from only one or a few sources to benefit those vendors. Of course, the
bill goes much, much further than that. Legislators are already hearing from city officials about
the bill's detrimental affects.
3. What is meant by a city regulation that "prohibits or limits, directly or indirectly,
the use or installation of a building product or material in the construction,
renovation, maintenance, or other alteration of a residential or commercial building
if the building product or material is approved for use by a national model code
published within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building?"
Page 1 of 5
The best way to understand this core provision of the bill is to break it down into two elements:
• The bill clearly applies only to residential or commercial "buildings." 3000.002(a)(1).
Those terms are not defined, so their normal meaning applies. 311.011. That means it is
safe to say that single- and multi-family homes, as well apartments, are subject to the
bill's limitations. Commercial buildings typically include retail and warehouses, but not
industrial or more intense uses. A city can define the terms by ordinance, but shouldn't
be unreasonable. In other words, it doesn't make sense to classify a single-family home
as an industrial use.
"Construction, renovation, maintenance, or other alteration" appears to cover just about
any type of change to a building.
• A "building product or material [that] is approved for use by a national model code
published within the last three code cycles that applies to the construction, renovation,
maintenance, or other alteration of the building." 3000.002(a)(1).
Most agree that the language above references the International Code Council model
codes and a handful of others. Currently, cities should normally be operating under: (1)
the International Residential Code (IRC) for residential construction; (2) the National
Electrical Code (NEC) for electrical construction in both residential and commercial
construction; and (3) the International Energy Conservation Code (IECC) and the
International Building Code (IBC) for all construction other than single-family
residential. With regard to plumbing codes, a city may be operating under the plumbing
provisions of the IlZC and/or either the plumbing provisions of the Uniform Plumbing
Code (UPC) or International Plumbing Code (IPC). Other ICC Codes includes the
International Fire Code (IFC), the International Fuel Gas Code (IFGS), the International
Property Maintenance Code, and several more.
The ICC code cycles update every three years. The last three code cycles as of 2019 are
2018, 2015, and 2012.
Examples of materials allowed by the 2018 IRC for home exteriors include, among
others: (1) concrete, stone, or masonry; (2) fiber cement siding; (3) horizontal aluminum;
(4) vinyl siding; or (5) wood siding. See Table R703.3 1 . A city that has, through an
IRC amendment or any other regulation, mandated a percent masonry requirement is thus
preempted. A builder can now use vinyl siding or wood siding if he or she chooses
because those are a "building product or material [that] is approved for use by a national
model code published within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building."
The bills prohibitions aren't limited to aesthetic building products or materials. Any city
that has amended any ICC or other code should review those amendments with their
building official and legal counsel to determine if an amendment runs afoul of the bill's
prohibitions.
Page 2 of 5
4. What is meant by a city regulation that "establishes a standard for a building
product, material, or aesthetic method in construction, renovation, maintenance, or
other alteration of a residential or commercial building if the standard is more
stringent than a standard for the product, material, or aesthetic method under a
national model code published within the last three code cycles that applies to the
construction, renovation, maintenance, or other alteration of the building?"
Most agree that any city regulation requiring that a building look a certain way (i.e., above-and-
beyond an appearance that comes about through compliance with minimum national model code
standards) is prohibited. 3000.002(a)(2). Some have argued that architectural features, front
elevation requirements, roof pitch, window size, and similar requirements may be preempted. Of
course, those things may or may not be addressed by a base international model code. If they are
not, they are not preempted. In any case, each city should consult its attorney on specifics.
5. Can a city continue to adopt amendments to its building codes?
Yes, but they can't conflict with the prohibitions in the bill. A city that adopts a building code
governing the construction, renovation, maintenance, or other alteration of a residential or
commercial building may amend a provision of the building code to conform to local concerns if
the amendment does not conflict with the prohibitions discussed in questions 3 and 4, above.
3000.002(b). The prohibition against amendments that conflict with the bill overrides authority
in other law to make amendments. See, e.g., TEx. LoC. Gov'T Co�E 214.212(c); 214.214(b);
214.216(c).
6. May a city use private deed restrictions to require certain materials or methods?
Probably not. State law authorizes the City of Houston and any city that doesn't have zoning to
enforce certain private deed restrictions. TEx. LoC. Gov'T Co�E Subchapter F. (an authorized
city may enforce a deed restriction that "regulates architectural features of a structure").
However, the language in H.B. 2439 arguably preempts such a regulation because it would be
"establishing a standard or limiting a product." Of course, private deed restrictions between
property owners are still enforceable.
7. Does a city have any option at all with regard to controlling building materials or
construction methods?
That's debatable, but the obvious method is by agreement. A city can enter into an agreement
wherein a person voluntarily agrees to abide by certain standards. For commercial construction,
the incentivizing tool would be a Local Government Code "Chapter 380 agreement." For
residential and commercial, it would be a "neighborhood empowerment zone" under Chapter
Page 3 of 5
378 of the Local Government Code. Property and/or sales taX abatements could be other
options.
8. Are some structures exempt from the prohibitions in the bill?
Yes. The prohibitions in questions 3 and 4, above, do not apply to:
1. a program established by a state agency that requires particular standards, incentives, or
financing arrangements in order to comply with requirements of a state or federal funding
source or housing program;
2. a requirement for a building necessary to consider the building eligible for windstorm and
hail insurance coverage;
3. an ordinance or other regulation that: (i) regulates outdoor lighting for the purpose of
reducing light pollution; and (ii) is adopted by a city that is certified as a Dark Sky
Community by the International Dark-Sky Association as part of the International Dark
Sky Places Program;
4. an ordinance or order that: (i) regulates outdoor lighting; and (ii) is adopted under the
authority of state law; or
5. a building located in a place or area designated for its historical, cultural, or architectural
importance and significance that a city may regulate through zoning, if the city: (i) is a
certified local government under the National Historic Preservation Act; or (ii) has an
applicable landmark ordinance that meets the requirements under the certified local
government program as determined by the TeXas Historical Commission (a city that
doesn't meet (i) or (ii) can adopt or enforce a regulation in questions 3 and 4, above, that
applies to a building located in a place or area designated on or after April 1, 2019,by the
city for its historical, cultural, or architectural importance and significance, if the city has
the voluntary consent from the building owner);
6. a building located in a place or area designated for its historical, cultural, or architectural
importance and significance by a city, if designated before April 1, 2019;
7. a building located in an area designated as a historic district on the National Register of
Historic Places;
8. a building designated as a Recorded Texas Historic Landmark;
9. a building designated as a State Archeological Landmark or State Antiquities Landmark;
10. a building listed on the National Register of Historic Places or designated as a landmark
by a city;
11. a building located in a World Heritage Buffer Zone; or
12. a building located in an area designated for development, restoration, or preservation in a
main street city under the main street program.
3000.002(c)(1)-(12); 3000.002(d). In addition, the bill does not affect provisions regarding the
installation of a fire sprinkler protection system under Section 1301.551(i), Occupations Code.
3000.004. Section 1301.551(i)provides that:
Notwithstanding any other provision of state law, after January 1, 2009, a municipality
may not enact an ordinance, bylaw, order, building code, or rule requiring the
installation of a multipurpose residential fire protection sprinkler system or any other
Page 4 of 5
fire sprinkler protection system in a new or eXisting one- or two-family dwelling. A
municipality may adopt an ordinance, bylaw, order, or rule allowing a multipurpose
residential fire protection sprinkler specialist or other contractor to offer, for a fee, the
installation of a fire sprinkler protection system in a new one- or two-family dwelling.
9. How are the bill's prohibitions enforced?
The attorney general or an aggrieved party may file an action in district court to enjoin a
violation or threatened violation of the bill. 3000.003. The attorney general may recover
reasonable attorney's fees and costs incurred in bringing an action under the bill, and sovereign
and governmental immunity to suit is waived and abolished to the extent necessary to enforce the
bill. Id.
Page 5 of 5
H.B . No . 3167
1 AN ACT
2 relating to county and municipal approval procedure for land
3 development applications .
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :
5 SECTION l . Section 212 . 001, Local Government Code , is
6 amended by amending Subdivision (2 ) and adding Subdivision ( 3 ) to
7 read as follows :
8 ( 2 ) "Plan" means a subdivision development plan,
9 including a subdivision plan, subdivision construction plan, site
10 plan, land development application, and site development plan.
11 ( 3 ) "Plat" includes a preliminary plat , general plan,
12 f inal p lat , and r ep lat .
13 SECTION 2 . Subchapter A, Chapter 212 , Local Government
14 Code , is amended by adding Section 212 . 0085 to read as follows :
15 Sec . 212 . 0085 . APPROVAL PROCEDURE : APPLICABILITY. The
16 approval procedures under this subchapter apply to a municipality
17 regardless of whether the municipality has entered into an
18 interlocal agreement , including an interlocal agreement between a
19 municipality and county under Section 242 . 001 (d) .
20 SECTION 3 . The heading to Section 212 . 009, Local Government
21 Code , is amended to read as follows :
22 Sec . 212 . 009 . APPROVAL PROCEDURE : INITIAL APPROVAL.
23 SECTION 4 . Section 212 . 009 , Local Government Code , is
24 amended by amending Subsections (a) , (b) , ( c ) , and ( d) and adding
1
H.B . No . 3167
1 Subsections (b-1) and (b-2 ) to read as follows :
2 ( a) The municipal authority responsible for approving plats
3 shall approve , approve with conditions , or disapprove [���e�] a
4 plan or plat within 30 days after the date the plan or plat is filed.
5 A plan or plat is [^^r�; �'^Y^�' ] approved by the municipal authority
6 unless it is disapproved within that period and in accordance with
7 Section 212 . 0091 .
8 (b) If an ordinance requires that a plan or plat be approved
9 by the governing body of the municipality in addition to the
10 planning commission, the governing body shall approve , approve with
11 conditions , or disapprove [���e�] the plan or plat within 30 days
12 after the date the plan or plat is approved by the planning
13 commission or is [ �^„�; �'^y^a ] approved by the inaction of the
14 commission. A plan or plat is [�^r�; �'^v^�' ] approved by the
15 governing body unless it is disapproved within that period and in
16 accordance with Section 212 . 0091 .
17 (b-1) Notwithstanding Subsection (a) or (b) , if a
18 groundwater availability certification is required under Section
19 212 . 0101, the 30-day period described by those subsections begins
20 on the date the applicant submits the groundwater availability
21 certification to the municipal authority responsible for approving
22 plats or the governing body of the municipality, as applicable .
23 (b-2 ) Notwithstanding Subsection (a) or (b ) , the parties
24 may extend the 30-day period described by those subsections for a
25 period not to exceed 30 days if :
26 ( 1) the applicant requests the extension in writing to
27 the municipal authority responsible for approving plats or the
2
H.B . No . 3167
1 governing body of the municipality, as applicable ; and
2 ( 2 ) the municipal authority or governing body, as
3 applicable , approves the extension request .
4 ( c ) If a plan or plat is approved, the municipal authority
5 giving the approval shall endorse the plan or plat with a
6 certificate indicating the approval . The certificate must be signed
7 by:
8 ( 1) the authority' s presiding officer and attested by
9 the authority's secretary; or
10 ( 2 ) a majority of the members of the authority.
11 (d) If the municipal authority responsible for approving
12 plats fails to approve , approve with conditions , or disapprove [�
13 a�r] a plan or plat within the prescribed period, the authority on
14 the applicant ' s request shall issue a certificate stating the date
15 the plan or plat was filed and that the authority failed to act on
16 the plan or plat within the period. The certificate is effective in
17 place of the endorsement required by Subsection ( c ) .
18 SECTION 5 . Subchapter A, Chapter 212 , Local Government
19 Code , is amended by adding Sections 212 . 0091 , 212 . 0093 , 212 . 0095 ,
20 212 . 0096 , 212 . 0097 , and 212 . 0099 to read as follows :
21 Sec . 212 . 0091 . APPROVAL PROCEDURE : CONDITIONAL APPROVAL OR
22 DISAPPROVAL REQUIREMENTS . ( a) A municipal authority or governing
23 body that conditionally approves or disapproves a plan or plat
24 under this subchapter shall provide the applicant a written
25 statement of the conditions for the conditional approval or reasons
26 for disapproval that clearly articulates each specific condition
27 for the conditional approval or reason for disapproval .
3
H.B . No . 3167
1 (b ) Each condition or reason specified in the written
2 statement •
3 ( 1) must :
4 (A) be directly related to the requirements under
5 this subchapter ; and
6 (B) include a citation to the law, including a
7 statute or municipal ordinance , that is the basis for the
8 conditional approval or disapproval , if applicable ; and
9 ( 2 ) may not be arbitrary.
10 Sec . 212 . 0093 . APPROVAL PROCEDURE : APPLICANT RESPONSE TO
11 CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
12 approval or disapproval of a plan or plat under Section 212 . 0091,
13 the applicant may submit to the municipal authority or governing
14 body that conditionally approved or disapproved the plan or plat a
15 written response that satisfies each condition for the conditional
16 approval or remedies each reason for disapproval provided. The
17 municipal authority or governing body may not establish a deadline
18 for an applicant to submit the response .
19 Sec . 212 . 0095 . APPROVAL PROCEDURE : APPROVAL OR DISAPPROVAL
20 OF RESPONSE . ( a) A municipal authority or governing body that
21 receives a response under Section 212 . 0093 shall determine whether
22 to approve or disapprove the applicant ' s previously conditionally
23 approved or disapproved plan or plat not later than the 15th day
24 after the date the response was submitted.
25 (b) A municipal authority or governing body that
26 conditionally approves or disapproves a plan or plat following the
27 submission of a response under Section 212 . 0093 :
4
H.B . No . 3167
1 ( 1) must comply with Section 212 . 0091; and
2 ( 2 ) may disapprove the plan or plat only for a specific
3 condition or reason provided to the applicant under Section
4 212 . 0091.
5 ( c ) A municipal authority or governing body that receives a
6 response under Section 212 . 0093 shall approve a previously
7 conditionally approved or disapproved plan or plat if the response
8 adequately addresses each condition of the conditional approval or
9 each reason for the disapproval .
10 (d) A previously conditionally approved or disapproved plan
11 or plat is approved if :
12 ( 1) the applicant filed a response that meets the
13 requirements of Subsection ( c ) ; and
14 ( 2 ) the municipal authority or governing body that
15 received the response does not disapprove the plan or plat on or
16 before the date required by Subsection (a) and in accordance with
17 Section 212 . 0091 .
18 Sec . 212 . 0096 . APPROVAL PROCEDURE : ALTERNATIVE APPROVAL
19 PROCESS . (a) Notwithstanding Sections 212 . 009 , 212 . 0091, 212 . 0093 ,
20 and 212 . 0095 , an applicant may elect at any time to seek approval
21 for a plan or plat under an alternative approval process adopted by
22 a municipality if the process allows for a shorter approval period
23 than the approval process described by Sections 212 . 009 , 212 . 0091,
24 212 . 0093 , and 212 . 0095 .
25 (b) An applicant that elects to seek approval under the
26 alternative approval process described by Subsection (a) is not :
27 ( 1) required to satisfy the requirements of Sections
5
H.B . No . 3167
1 212 . 009 , 212 . 0091, 212 . 0093 , and 212 . 0095 before bringing an action
2 challenging a disapproval of a plan or plat under this subchapter ;
3 and
4 ( 2 ) prejudiced in any manner in bringing the action
5 described by Subdivision ( 1) , including satisfying a requirement to
6 exhaust any and all remedies .
7 Sec . 212 . 0097 . APPROVAL PROCEDURE : WAIVER PROHIBITED. A
8 municipal authority responsible for approving plats or the
9 governing body of a municipality may not request or require an
10 applicant to waive a deadline or other approval procedure under
11 this subchapter .
12 Sec . 212 . 0099 . JUDICIAL REVIEW OF DISAPPROVAL. In a legal
13 action challenging a disapproval of a plan or plat under this
14 subchapter , the municipality has the burden of proving by clear and
15 convincing evidence that the disapproval meets the requirements of
16 this subchapter or any applicable case law. The court may not use a
17 deferential standard.
18 SECTION 6 . Section 212 . 014 , Local Government Code , is
19 amended to read as follows :
20 Sec . 212 . 014 . REPLATTING WITHOUT VACATING PRECEDING PLAT.
21 A replat of a subdivision or part of a subdivision may be recorded
22 and is controlling over the preceding plat without vacation of that
23 plat if the replat :
24 ( 1) is signed and acknowledged by only the owners of
25 the property being replatted;
2 6 ( 2 ) i s app r o v e d [ , �f��� ����� �c������� �-'^^ m,�-�-^y
2 7 r-�� ��������e s }� }�t����t a�����z��s��a����������-e-�e
6
H.B . No . 3167
1 �] by the municipal authority responsible for approving plats ;
2 and
3 ( 3 ) does not attempt to amend or remove any covenants
4 or restrictions .
5 SECTION 7 . Section 212 . 015 , Local Government Code , is
6 amended by adding Subsections (a-1) , (f ) , and ( g) and amending
7 Subsection (b ) to read as follows :
8 ( a-1) If a proposed replat described by Subsection (a)
9 requires a variance or exception, a public hearing must be held by
10 the municipal planning commission or the governing body of the
11 municipality.
12 (b) Notice of the hearing required under Subsection (a-1)
13 [�-c���-e�' �� � . �� n ] shall be given before the 15th day before the date
14 of the hearing by:
15 ( 1) publication in an official newspaper or a
16 newspaper of general circulation in the county in which the
17 municipality is located; and
18 ( 2 ) by written notice , with a copy of Subsection ( c )
19 attached, forwarded by the municipal authority responsible for
20 approving plats to the owners of lots that are in the original
21 subdivision and that are within 200 feet of the lots to be
22 replatted, as indicated on the most recently approved municipal tax
23 roll or in the case of a subdivision within the extraterritorial
24 jurisdiction, the most recently approved county tax roll of the
25 property upon which the replat is requested. The written notice may
26 be delivered by depositing the notice , properly addressed with
27 postage prepaid, in a post office or postal depository within the
7
H.B . No . 3167
1 boundaries of the municipality.
2 (f) If a proposed replat described by Subsection (a) does
3 not require a variance or exception, the municipality shall , not
4 later than the 15th day after the date the replat is approved,
5 provide written notice by mail of the approval of the replat to each
6 owner of a lot in the original subdivision that is within 200 feet
7 of the lots to be replatted according to the most recent
8 municipality or county tax roll . This subsection does not apply to
9 a proposed replat if the municipal planning commission or the
10 governing body of the municipality holds a public hearing and gives
11 notice of the hearing in the manner provided by Subsection (b ) .
12 ( g) The notice of a replat approval required by Subsection
13 (f) must inc lude :
14 ( 1) the zoning designation of the property after the
15 replat ; and
16 ( 2 ) a telephone number and e-mail address an owner of a
17 lot may use to contact the municipality about the replat .
18 SECTION 8 . Subchapter A, Chapter 232 , Local Government
19 Code , is amended by adding Section 232 . 0023 to read as follows :
20 Sec . 232 . 0023 . APPROVAL PROCEDURE : APPLICABILITY. The plat
21 application approval procedures under this subchapter apply to a
22 county regardless of whether the county has entered into an
23 interlocal agreement , including an interlocal agreement between a
24 municipality and county under Section 242 . 001 (d) .
25 SECTION 9 . The heading to Section 232 . 0025 , Local
26 Government Code , is amended to read as follows :
27 Sec . 232 . 0025 . APPROVAL PROCEDURE : TIMELY APPROVAL OF PLATS
8
H.B . No . 3167
1 AND PLANS .
2 SECTION 10 . Section 232 . 0025 , Local Government Code , is
3 amended by amending Subsections (d) , (f ) , ( g) , (h) , and ( i) , and
4 adding Subsection (d-1) to read as follows :
5 (d) Except as provided by Subsection (f ) , the commissioners
6 court or the court 's designee shall approve , approve with
7 conditions , or disapprove [���e �' r'� ����-e=�e�] a plat
8 app 1 i c at i o n [��l���c�����-e�o-l�r����a��a�s , ] n o t 1 at e r
9 than the 30th [��] day after the date the [�] completed [��]
10 application is received by the commissioners court or the court 's
11 designee . An application is approved by the commissioners court or
12 the court 's designee unless the application is disapproved within
13 that period and in accordance with Section 232 . 0026 .
14 ( d-1) Notwithstanding Subsection (d) , if a groundwater
15 availability certification is required under Section 232 . 0032 , the
16 30-day period described by that subsection begins on the date the
17 applicant submits the groundwater availability certification to
18 the commissioners court or the court 's designee , as applicable .
19 (f) The 30-day [�-9=-�a�] period under Subsection ( d) :
20 ( 1) may be extended for a [ Y���-^��'�� �] period not to
21 exceed 30 days , if :
22 (A) requested and agreed to in writing by the
23 applicant and approved by the commissioners court or the court 's
24 designee ; or
2 5 (B) [�.�����e�����e��-9 ���i�i-e�����s��]
26 Chapter 2007 , Government Code , requires the county to perform a
27 takings impact assessment in connection with the [�] plat
9
H.B . No . 3167
1 application; and
2 ( 2 ) [�}] applies only to a decision wholly within the
3 control of the commissioners court or the court 's designee .
4 ( g) The commissioners court or the court 's designee shall
5 make the determination under Subsection (f) ( 1) [��] of whether
6 the 30-day [�c�] period will be extended not later than the 20th
7 day after the date a completed plat application is received by the
8 commissioners court or the court 's designee .
9 (h) The commissioners court or the court ' s designee may not
10 require [��] an applicant to waive the time limits or approval
11 procedure contained in this subchapter [ ^^^���] .
12 ( i) If the commissioners court or the court ' s designee fails
13 to approve , approve with conditions , or disapprove a plat
14 application [��'�^ �; r,� a�����e�����-a�] as required by this
15 subchapter [C"�^^^} ; �,, ` ] :
16 ( 1) the commissioners court shall refund the greater
17 of the unexpended portion of any [��] application fee or deposit
18 or 50 percent of an [��] application fee or deposit that has
19 been paid;
20 ( 2 ) the [��] application is granted by operation of
21 law; and
22 ( 3 ) the applicant may apply to a district court in the
23 county where the tract of land is located for a writ of mandamus to
24 compel the commissioners court to issue documents recognizing the
25 plat application's [�s] approval.
26 SECTION 11 . Subchapter A, Chapter 232 , Local Government
27 Code , is amended by adding Sections 232 . 0026 , 232 . 0027 , 232 . 0028 ,
10
H.B . No . 3167
1 232 . 00285 , and 232 . 0029 to read as follows :
2 Sec . 232 . 0026 . APPROVAL PROCEDURE : CONDITIONAL APPROVAL OR
3 DISAPPROVAL REQUIREMENTS . (a) A commissioners court or designee
4 that conditionally approves or disapproves of a plat application
5 under this subchapter shall provide the applicant a written
6 statement of the conditions for the conditional approval or the
7 reasons for disapproval that clearly articulates each specific
8 condition for the conditional approval or reason for disapproval .
9 (b) Each condition or reason specified in the written
10 statement •
11 ( 1) must :
12 (A) be directly related to the requirements of
13 this subchapter ; and
14 (B ) include a citation to the law, including a
15 statute or order , that is the basis for the conditional approval or
16 disapproval, if applicable ; and
17 ( 2 ) may not be arbitrary.
18 Sec . 232 . 0027 . APPROVAL PROCEDURE : APPLICANT RESPONSE TO
19 CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
20 approval or disapproval of a plat application under Section
21 232 . 0026 , the applicant may submit to the commissioners court or
22 designee that conditionally approved or disapproved the
23 application a written response that satisfies each condition for
24 the conditional approval or remedies each reason for disapproval
25 provided. The commissioners court or designee may not establish a
26 deadline for an applicant to submit the response .
27 Sec . 232 . 0028 . APPROVAL PROCEDURE : APPROVAL OR DISAPPROVAL
11
H.B . No . 3167
1 OF RESPONSE . (a) A commissioners court or designee that receives a
2 response under Section 232 . 0027 shall determine whether to approve
3 or disapprove the applicant ' s previously conditionally approved or
4 disapproved plat application not later than the 15th day after the
5 date the response was submitted under Section 232 . 0027 .
6 (b) A commissioners court or designee that conditionally
7 approves or disapproves a plat application following the submission
8 of a response under Section 232 . 0027 :
9 ( 1) must comply with Section 232 . 0026 ; and
10 ( 2 ) may disapprove the application only for a specific
11 condition or reason provided to the applicant for the original
12 application under Section 232 . 0026 .
13 ( c ) A commissioners court or designee that receives a
14 response under Section 232 . 0027 shall approve a previously
15 conditionally approved or disapproved plat application if the
16 applicant ' s response adequately addresses each condition for the
17 conditional approval or each reason for the disapproval.
18 (d) A previously conditionally approved or disapproved plat
19 application is approved if :
20 ( 1) the applicant filed a response that meets the
21 requirements of Subsection ( c ) ; and
22 ( 2 ) the commissioners court or designee that received
23 the response does not disapprove the application on or before the
24 date required by Subsection (a) and in accordance with Section
25 232 . 0026 .
26 Sec . 232 . 00285 . DEVELOPMENT PLAN REVIEW. (a) In this
27 section, "development plan" includes a preliminary plat ,
12
H.B . No . 3167
1 preliminary subdivision plan, subdivision construction plan, site
2 plan, general plan, land development application, or site
3 development plan.
4 (b) Unless explicitly authorized by another law of this
5 state , a county may not require a person to submit a development
6 plan during the plat approval process required by this subchapter .
7 If a county is authorized under another law of this state to require
8 approval of a development plan, the county must comply with the
9 approval procedures under this subchapter during the approval
10 process .
11 Sec . 232 . 0029 . JUDICIAL REVIEW OF DISAPPROVAL. In a legal
12 action challenging a disapproval of a plat application under this
13 subchapter , the county has the burden of proving by clear and
14 convincing evidence that the disapproval meets the requirements of
15 this subchapter or any applicable case law. The court may not use a
16 deferential standard.
17 SECTION 12 . Section 232 . 0025 ( e) , Local Government Code , is
18 repealed.
19 SECTION 13 . The change in law made by this Act applies only
20 to a plat application filed on or after the effective date of this
21 Act . A development or plan application filed before the effective
22 date of this Act is governed by the law in effect immediately before
23 the effective date of this Act , and that law is continued in effect
24 f or that purpose .
25 SECTION 14 . This Act takes effect September l , 2019 .
13
H.B . No . 3167
President of the Senate Speaker of the House
I certify that H.B . No . 3167 was passed by the House on May 2 ,
2019, by the following vote : Yeas 119 , Nays 18 , 1 present , not
voting.
Chief Clerk of the House
I certify that H.B . No . 3167 was passed by the Senate on May
21 , 2019, by the following vote : Yeas 27 , Nays 3 , 1 present , not
voting.
Secretary of the Senate
APPROVED:
Date
Governor
14
H.B. 3167 (2019)
Legal Q&A
Scott Houston
1. What is H.B. 3167?
House Bill 3167 by Rep. Tom Oliverson (R — Houston) is legislation that becomes effective on
September 1, 2019. The bill makes numerous changes to the site plan and subdivision platting
approval process, and it will require most cities to make changes to their subdivision ordinance,
zoning ordinance, and/or unified development code approval processes. A chart of the process
required by the bill is included at the end of this Q&A.
2. Why was the bill needed?
The Texas House Land and Resource Management Committee Report states that:
Concerns have been raised regarding the process for plat and land development
application approval by political subdivisions. It has been suggested that some political
subdivisions circumvent statutory timelines for approving an application by simply
denying the application with generic comments that do not fully address specific
deficiencies with the application. C.S.H.B. 3167 seeks to provide greater certainty and
clarity for the process by setting out provisions relating to county and municipal
approval procedures for land development applications.
In other words, the bill is meant to force cities to speed up the site plan/subdivision plat approval
process, and to provide more information when a plan or plat isn't approved. In reality, it may
create red tape that slows the process down and/ar results in substandard planning. A list of
witnesses for and against the bill is available at:
https://capitol.texas.gov/tlodocs/86R/witlistbill/pdf/HB03167H.pdf#navpanes=0.
3. What types of development applications are subject to H.B. 3167?
The bill applies to plans and plats. It defines a "plan" to mean a subdivision development plan,
including a subdivision plan, subdivision construction plan, site plan, land development
application, and site development plan. TEx. LoC. Gov'T CoDE § 212.001(2). It defines "plat"
to include a preliminary plat, general plan, final plat, and replat. Id. § 212.001(3).
Many have questioned the meaning of these terms. Does the reference to "site plan" only refer to
that term as used in Chapter 212, Subchapter B? And what does the term "general plan" refer to?
That term is mentioned in current law in a handful of places. Id. §§ 212.010; 212.044; 212.047.
As mentioned in those sections, the term may be referring to the city's comprehensive plan. In
the context of H.B. 3167, the term is included in the definition of"plat." The City of Houston's
ordinance, which was praised by some developers, defines the term "general plan" as "a site plan
submitted for the purpose of establishing a street system for a large tract to be developed in
sections. The General Plan is submitted with the subdivision plat for the first section being
platted. The General Plan is valid for 4 years and can be extended by planning commission
Page 1 of 9
action. Upon planning commission approval, the General Plan establishes the street system for
future development." Thus, it appears that the term "general plan" in H.B. 3167 means
something different than where it appears in other places in Chapter 212.
The bill also provides that the approval procedures as amended by the bill apply to a city
regardless of whether it has entered into an interlocal agreement, including an interlocal
agreement between the city and county relating to eXtraterritorial jurisdiction subdivision platting
agreement as required by state law.Id. § 212.0085.
4. What application materials are included in the definition of"plan?"
Looking at the definitions in the question above, some say that essentially any type of plan that
shows the layout of a project is subject to the bill. The bill uses some terms that aren't common
in planning, such as including "general plan" in the definition of"plan." No one is certain what
a"general plan"means, so each city should decide and define that term in its ordinance(s).
The bill amends Local Government Code Chapter 212, which relates to subdivision platting. It
seems to insert a "site plan" and "site development plan" into the subdivision plat approval
process, but those are traditionally based on the zoning authority in Chapter 211. As such, most
attorneys argue that a zoning site plan isn't subject to the bill's requirements.
Because of the ambiguity, each city may wish to define certain term(s) in its ordinance for
clarity.
5. How does H.B. 3167 change the plan/plat approval timeline?
The bill requires the municipal authority responsible for approving plats to take the following
action with regard to the "initial approval" of a plan or plat within 30 days after the date the plan
or plat is filed: (1) approve, (2) approve with conditions, or(3) disapprove with explanation. Id. §
212.009(a).
Current law defines "the municipal authority responsible for approving plats" as the municipal
planning commission or, if the city has no planning commission, the governing body of the city.
Also under current law, the governing body by ordinance may require the approval of the
governing body in addition to that of the municipal planning commission. Id. § 212.006(a).
If an ordinance requires that a plan or plat be approved by the governing body of the city in
addition to the planning commission, the governing body shall approve, approve with conditions,
or disapprove the plan or plat within 30 days after the date the plan or plat is approved by the
planning commission or is approved by the inaction of the commission, and a plan or plat is
approved by the governing body unless it is approved with conditions or disapproved within that
period.
6. May the city and applicant agree to extend the deadline in the question above?
Page2of9
Yes, but only if the applicant (not the city) requests the extension. The parties may eXtend the
30-day period described above for a period not to exceed 30 days if: (1) the applicant requests
the extension in writing to the municipal authority responsible for approving plats or the
governing body of the municipality, as applicable; and (2) the municipal authority or governing
body, as applicable, approves the eXtension request. Id. § 212.009(b-2).
7. What does a city do when it approves a plan or plat?
If a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or
plat with a certificate indicating the approval. Id. § 212.009(c).
8. What if the municipal authority responsible for approving plats fails to approve,
approve with conditions, or disapprove with explanation a plan or plat within the
prescribed period?
A plan or plat is approved by the municipal authority unless it is disapproved within the periods
described above and in accordance with the bill's procedures. Id. § 212.009(b).
If that happens, the authority on the applicant's request shall issue a certificate stating the date
the plan or plat was filed and that the authority failed to act on the plan or plat within the period.
Id. § 212.009(d).
9. What must a city do with regard to approval, approval with conditions, or
disapproval with explanation?
A municipal authority or governing body that conditionally approves or disapproves a plan or
plat shall provide the applicant a written statement of the conditions for the conditional approval
or reasons for disapproval that clearly articulates each specific condition for the conditional
approval or reason for disapproval.Id. § 212.0091(a).
Each condition or reason specified in the written statement: (1) must be directly related to the
requirements under the subdivision platting law and include a citation to the law, including a
statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if
applicable; and (2) may not be arbitrary.Id. § 212.0091(b).
lO. If the municipal authority approves with conditions or disapproves with
explanation,what is the applicant entitled to do?
After the conditional approval or disapproval with eXplanation of a plan or plat, the applicant
may submit to the municipal authority or governing body a written response that satisfies each
condition for the conditional approval or remedies each reason for disapproval provided, and the
municipal authority or governing body may not establish a deadline for an applicant to submit
the response. Id. § 212.0093.
11. What must the city do with regard to the applicant's written response?
Page 3 of 9
A municipal authority or governing body that receives a written response shall determine
whether to "approve" or "disapprove [with explanation]" the applicant's previously
conditionally-approved or disapproved plan or plat not later than the 15th day after the date the
response was submitted. Id. § 212.0095(a). Again, a city may not establish a deadline before
which the applicant must submit the response. Id. § 212.0093
A municipal authority or governing body that receives a response shall approve a previously
conditionally approved or disapproved plan or plat if the response adequately addresses each
condition of the conditional approval or each reason for the disapprovaL Id. § 212.0095(c).
A previously conditionally-approved or disapproved plan or plat is approved i£ (1) the applicant
files a response that adequately addresses each condition of the conditional approval or each
reason for disapproval, and (2) the municipal authority or governing body that receives the
response does not disapprove the plan or plat on or before the 15th day the response was
submitted. Id. § 212.0095(d).
The two paragraphs above mean the plan or plat must be approved i£ (1) the applicant's written
response addresses all the issues raised in the city's prior approval with conditions or disapproval
with explanation; and (2) no new issues are raised by the applicant's written response. Id. §
212.0095(d)(2). What to do when new issues are raised by the applicant's written response is the
subject of some debate and is addressed in question 12, below.
12. What if the applicant's written response changes the plan or plat in a way that
creates new issues?
At least two schools of thought exist in relation to what happens once the city receives the
applicant's written response: (1) the written response and 15-day decision period of the city
continues repeatedly in relation to new issues raised by corrections; or (2) the city must
disapprove with eXplanation a submission that creates new issues, which starts the process from
the beginning.
Under the first process, it appears that —if the applicant's written response raises new issues — a
city may, once again, "approve" or "disapprove with explanation" the plan or plat on or before
the 15th day the response was submitted. Section 212.0095(d) supports that conclusion:
(d) A previously conditionally approved or disapproved plan or plat is approved if: (1)
the applicant filed a response that meets the requirements of Subsection (c); and (2) the
municipal authority or governing body that received the response does not disapprove
the plan or plat on or before the date required by Subsection (a) and in accordance with
Section 212.0091.
Disapproval must follow the process spelled out previously:
• A municipal authority or governing body that conditionally approves or disapproves a
plan or plat shall provide the applicant a written statement of the conditions for the
conditional approval or reasons for disapproval that clearly articulates each specific
Page 4 of 9
condition for the conditional approval or reason for disapproval. Id. §§ 212.0095(b);
212.0091(a) (Note that (a) includes the "conditional approval" option, but a city can't use
that. It can only disapprove with explanation because it is limited to doing so by Section
212.0095(d)(2)).
• Each condition or reason specified in the written statement: (1) must be directly related to
the requirements under the subdivision platting law and include a citation to the law,
including a statute or municipal ordinance, that is the basis for the conditional approval or
disapproval, if applicable; and (2) may not be arbitrary. Id. §§ 212.0095(b); 212.0091(b)
(Again, only disapproval with conditions is allowed at this stage).
Presumably, the approval or disapproval with explanation for new issues within 15 days allows
the applicant to once again submit a written response, which once again triggers the 15 day
deadline. That process could conceivably continue until all issues have been addressed.
The second process presumes that the applicant's written submission and the city's response to it
within 15 days is a "one-and-done"proposition. That process interprets Sections 212.0095(b)(2)
and (c)-(d) to allow approval if all of the items are corrected or disapproved with explanation if
not. The disapproval with explanation would mean that the applicant starts again at the
beginning by resubmitting the plan or plat.
13. Does the bill provide for an alternative plan or plat approval procedure?
Yes, but only if they applicant agrees. An applicant may elect at any time to seek approval for a
plan or plat under an alternative approval process adopted by a city if the process allows for a
shorter approval period than the approval process described in the questions above. Id. §
212.0096.
An applicant that elects to seek approval under the alternative approval process described above
is not: (1) required to satisfy the requirements of the statutory approval process in the bill above
before bringing an action challenging a disapproval of a plan or plat; or (2) prejudiced in any
manner in bringing the action described by (1), including satisfying a requirement to exhaust any
and all remedies. Id. § 212.0096(b).
This alternative approval procedure may be a way to grant more authority to staff and speed up
internal processes. An applicant would usually have nothing to lose by trying a city's alternative
process because the applicant could always opt back in to the procedures in the bill.
14. May a city require an applicant to waive any deadlines or procedures in the bill?
Maybe, but only with regard to a plan, not a plat. A municipal authority responsible for
approving plats or the governing body of a city may not request or require an applicant to waive
a deadline or other approval procedure. Id. § 212.0097. The waiver prohibition applies only to
"plats" and not to "plans," which could allow a city to require a waiver for anything other than
an actual plat, which is defined in the bill as a preliminary plat, general plan, final plat, and
Page 5 of 9
replat. Of course, the prohibition against establishing a deadline by which the applicant must
submit a written response remains in place. Id. § 212.0093.
15. What is the burden of proof in a legal action challenging the disapproval of a plan
or plat?
In a legal action challenging a disapproval of a plan or plat, the city has the burden of proving by
clear and convincing evidence that the disapproval meets the requirements of the subdivision
platting law or any applicable case law, and the court may not use a"deferential standard." Id. §
212.0099.
16. May a city require a plan or plat to meet administrative completeness requirements
before being considered "filed?" May a city have a submittal calendar that
corresponds to the city's internal meetings process?
The bill doesn't appear to modify the authority of a city to require an administrative
completeness review (i.e., meet a checklist of requirements) prior to being accepted for filing. A
city could also continue to have a submittal calendar that corresponds, for example, to planning
and zoning commission meetings. In other words, the bill doesn't make any additions related to
acceptance for filing requirements. Thus, if a city believes it had the authority to do so prior to
the bill, it should be able to continue those practices.
One exception is that, if a groundwater availability certification is required, the 30-day period
begins on the date the applicant submits the groundwater availability certification to the
municipal authority responsible for approving plats or the governing body, as applicable. Id. §
212.009(b-1).
17. How does the bill interact with Chapter 245 (the "permit vesting statute")?
Chapter 245, in sections 245.001(a) and (b),provides in relevant part that:
Each regulatory agency shall consider the approval, disapproval, or conditional
approval of an application for a permit solely on the basis of any orders, regulations,
ordinances, rules, expiration dates, or other properly adopted requirements in effect at
the time: (1) the original application for the permit is filed for review for any purpose,
including review for administrative completeness; or (2) a plan for development of real
property or plat application is filed with a regulatory agency.
Rights to which a permit applicant is entitled under this chapter accrue on the filing of
an original application or plan for development or plat application that gives the
regulatory agency fair notice of the project and the nature of the permit sought. An
application or plan is considered filed on the date the applicant delivers the application
or plan to the regulatory agency or deposits the application or plan with the United
States Postal Service by certified mail addressed to the regulatory agency. A certified
mail receipt obtained by the applicant at the time of deposit is prima facie evidence of
the date the application or plan was deposited with the United States Postal Service.
Page6of9
The above means that an applicant could submit something for approval that would trigger
vesting, but that doesn't necessarily mean that the application is "filed" for purposes of H.B.
3167. However, Section 245.001(e)provides that:
(e) A regulatory agency may provide that a permit application expires on or
after the 45th day after the date the application is filed if:
(1) the applicant fails to provide documents or other information
necessary to comply with the agency's technical requirements relating to the form and
content of the permit application;
(2) the agency provides to the applicant not later than the l Oth business
day after the date the application is filed written notice of the failure that specifies the
necessary documents or other information and the date the application will expire if the
documents or other information is not provided; and
(3) the applicant fails to provide the specified documents or other
information within the time provided in the notice.
The subsection above provides additional authority for a city to require "administrative
completeness"prior to an application being considered as "filed" for purposes of H.B. 3167.
18. What are best practices and practical tips for compliance with the bill?
The following suggestions were provided by planners and land use attorneys:
• Review ordinances to make sure they: (1) include all grounds for approval with
conditions or denial with explanation; and (2) specifically reference/cross-reference the
development code, municipal code, charter, criterial manuals, and other rules that may be
cited as a result of H.B. 3167.
• Conduct a study of the cost to provide service for the required staffing levels necessary to
meet H.B. 3167 timelines. For instance, a city may need additional engineering services.
Adopt new fees that require development to cover the associated costs.
• Establish a detailed internal review process with internal deadlines.
• If a city doesn't have both the planning commission and governing body approval
process (as allowed in Local Government Code Section 212.006), it should consider
adopting such a process so that if one misses something (e.g., an item that needs to be
conditionally approved), the other one can address it.
• Define "filed" in the city's ordinance to mean the day the administrative review process
is finished and the plan or plat is placed on the planning and zoning commission agenda.
• Create a waiver form and make it available to applicants. The city can't request a waiver
for plats, but it arguably can for plans (see question 14, above), and staff could point out
that the process may actually be longer without one.
• Develop standard forms with fill-in-the-blanks and have a comment bank that includes
citations to point out frequent errors.
Page7of9
• Establish a detailed quality control checklist (with code citations) and require it to be
submitted, and stamped by the submitting engineer, as part of the completeness review.
• Host meeting/informational sessions for the development community to roll out process
changes.
• Require pre-application conferences before applicants can submit.
• Limit filing to a schedule or certain day(s) of week.
• Consider whether you need to add dates to the planning and zoning commission meeting
schedule, and consider what happens to the application if the commission is unable to
meet within the 30-day timeframe (e.g.,because of a lack of quorum).
• Delegate any applications to staff rather than the "authority responsible for approving
plats"to avoid the 30-day provisions.
• Require supporting "studies" (i.e. traffic impact analysis, drainage study, etc.) be
submitted prior to the first application for development.
• Consider requiring submission and approval of preliminary utility plans, potentially as
part of a service availability determination, separate and prior to any submission of the
actual preliminary plan or plat. Consider the same regarding: utility evaluations (city and
third party); TxDOT or county road approvals (curb cuts/driveways); traffic impact
analysis; variance approvals; and any other submissions that need to be made to the
county and ESD (or any other governmental entity that needs to review) prior to filing.
• Do not accept a final plat for review until subdivision construction plans are approved
and either a fiscal surety is filed or the infrastructure improvements are constructed.
• Call responses "notices of code deficiency" that state "your submission fails to comply
with section regarding " or"does not adequately address section
regarding "
19. Does the bill contain any beneficial provisions?
Yes. With regard to the approval of replats, the bill provides that:
1. a replat of a subdivision or part of a subdivision may be recorded and is controlling over
the preceding plat without vacation of that plat if the replat: (a) is signed and
acknowledged by only the owners of the property being replatted; (b) is approved by the
municipal authority responsible for approving plats; and (c) does not attempt to amend or
remove any covenants or restrictions (Id. § 212.014); and
2. for a replat that, during the preceding five years, any of the area to be replatted was
limited by an interim or permanent zoning classification to residential use for not more
than two residential units per lot or any lot in the preceding plat was limited by deed
restrictions to residential use for not more than two residential units per lot: (a) if the
proposed replat requires a variance or exception, a public hearing must be held by the
municipal planning commission or the governing body of the city and; (b) if a proposed
replat does not require a variance or exception, the city shall, not later than the 15th day
after the date the replat is approved, provide written notice by mail of the approval of the
replat to each owner of a lot in the original subdivision that is within 200 feet of the lots
to be replatted according to the most recent municipality or county taX roll; (c) sections
(a) and (b) do not apply to a proposed replat if the municipal planning commission or the
governing body of the city holds a public hearing and gives notice of the hearing in the
Page8of9
manner provided by section (b); (d) the notice of a replat approval required by section (b)
must include: (i) the zoning designation of the property after the replat; and (ii) a
telephone number and e-mail address an owner of a lot may use to contact the city about
the replat (Id. § 212.015).
Page9of9
H.B. 3167 DevelopmentApproval Process
Issue endorsement certificate
212.009(c)
If governing body
approval is required,
30 days to 1, 2, or 3.
212.009(b)
212.0095(c)
1. Approve;
2. Approve w/conditions; or 1
3. Disapprove w/conditions. 212.009 �
Applicant written response
(no deadline) Day 15
212.0093 212.0095(a)
1. Approve 212.0093; 212.0095(b) & (c); or
2. Disapprove w/explanation.
(ONLY NEW ISSUES)
212.0095(d)(2)
�
� 1
Continuous loop until all new issues are resolved?
Plat/Plan � Completeness review?
Submission
Day 1 Day 30
Filed - Deemed approved if miss deadline 212.009(d)
- Can be extended by agreement 212.009(b-2)
Applicant-optional alternate approval process 212.0096
Town Cou nci I
Item # 5 — Executive
Session
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- Front 44
- The Knolls
Town Cou nci I
Item # 6 — Reconvene
Council Meeting
Town Cou nci I
Item # 7 — Council Recap /
Staff Direction
COUNCIL RECAP / STAFF DIRECTION
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports Town Cou nci I
on Items of Community Interest pursuant to Texas Government
Code Section 551.0415 the Town Council may report on the
following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3)
recognition of individuals; (4) reminders about upcoming Town
Council events; (5) information about community events; and (6) Item # 2 — Items of
announcements involving imminent threat to public health and Community Interest
safety.
✓ Westlake Municipal Offices&Academy will be closed for the Labor Day holiday
Monday, September 2, 2019
-No interruptions to trash&recycling services wil/occur, Col%ctions on Friday, Sept. 6 as usual.
✓ Coffee&Conversation with the Mayor/Board President
Monday, September 9, 2019; 8:00-9:30 am (Moved to 2°d Monday due to Labor Day holiday)
Marriott Solana Hotel-Great Room
-Thank you to the Marrioft for pro�iding complimentary coffee&tea each month for many years/***P/ease note:
starting next month in October, we wil/move the/ocation for the Mondays with the Mayor coffees to
our new Fire-EMS Station No. 1,located on the NE corner of Do ve Rd and Da vis Blvd,
✓ Board of Trustees Work Session/Meeting
Monday, September 9, 2019*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
✓ Town Council Meeting (2"d Public Hearing for Tax Rate)
Wednesday, September 9, 2019*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
✓ New Westlake Academy Parents Dinner Reception
*Note: Date and/or location will be changed for this event- please stay tuned for more information.
��, �����~���� ,^, 2019; 6:30-8:30 pm
Home of Board President Mayor Laura Wheat&Doug Wheat
-Held every year to o�cially we%me our new WA parents;In�itations will be emailed. Please contact Ginger Awtry
via email or cal/817-490-5719 for more information.
✓ Public Art Competition Advisor�Committee Meeting
Monday, September 16, 2019; 11:00 am*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
✓ Planning &Zoning Work Session/Meeting
Monday, September 16, 2019*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
✓ North Texas Giving Day
Thursday, September 19, 2019
-Communities Foundation of Texas'North Texas Giving Day is an IS-hour online giving event designed to empower
every person to give back to their community by supporting local nonpro�ts and causes they care about in one
easy-to-use p/atform; Consider a gift on this day to the Westlake Academy Foundation or one of many local
nonprofits with ties to our community.i
✓ Town Council Meeting/Public Hearing (Adoption of New Fiscal Year Budget)
Wednesday, September 23, 2019*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
✓ Town Council Work Session/Meeting
Monday, September 30, 2019*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers
*For meetinA aAendas and detai/s on W,4 calendar events or Municipal calendar events,please visit the Westlake
Academy website or the Town of West/ake website for further assistance.
Town Cou nci I
Item # 3 — Citizen
Comments
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council cannot by law take action nor have any
discussion or deliberations on any presentation made to the Council at this time concerning an
item not listed on the agenda. The Council will receive the information, ask stafF to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
Town Cou nci I
Item # 4 — Consent
Agenda
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on June 17, 2019.
b. Consider approval of the minutes from the meeting on August 7, 2019.
c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting
a Resolution updating the Facility Use Guidelines and Policies to include new
procedures and rental spaces.
d. Consider approval of Ordinance 887, Amending Chapter 78 Streets, Sidewalks and
Other Public Places, Article III Town Owned Cemeteries, Section 78-60 I.O.O.F.
Westlake Cemetery; Changing the name of the I.O.O.F. Cemetery to the Westlake
I.O.O.F. Cemetery.
e. Consider approval of Ordinance 888, Amending Chapter 18, Buildings and
Building Regulations Article II, Codes, Sections 18-31 through Sections 18-60.
f. Consider approval of Res 19-23, Approving the declaration of Covenants,
Conditions, and Restrictions and Design Guidelines for the Knolls at Solana.
g. Consider approval of Res 19-24, Adopting the 2019 Development Review Calendar
and Submittal Policy.
h. Consider approval of a Resolution 19-25, Accepting a generous donation, to be
used exclusively, for the addition to the Sam and Margaret Lee Arts and Sciences
Center located at 2600 JT Ottinger Road a donation.
T H � r o w � o �
VIJESTLAKE
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
7une 17, 2019
PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, and
Carol Langdon. Rick Rennhack arrived at 5:09 p.m.
ABSENT: Michael Barrett
OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah
Simon, Assistant Town Manager ]arrod Greenwood, Town
Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief
Richard Whitten, Building Official Pat Cooke, Development
Coordinator Nick Ford, Director of Facilities & Public Works Troy
Meyer, Director of Communications Ginger Awtry,
Communications Manager Jon Sasser, Director of Information
Technology Jason Power, and Director of Human Resources and
Administrative Services Todd Wood.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:02 p.m.
Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags.
Town Council Minutes
06/17/19
Page 1 of 8
2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
No additional discussion.
3. DISCUSSION ITEMS
a. Presentation and discussion regarding the Northwest Metroport Chamber of
Commerce program and related activities.
Ms. Sally Aldridge, Chamber President, provided a presentation and overview
Discussion ensued regarding membership when the Chamber began.
b. Presentation and discussion regarding the Westlake Historical Preservation
Society.
Mrs. Kim Morris, WHPS President, discussed the request to temporarily pause the
board's meeting schedule allowing time to restructure and recruit board
members and provided an overview of the 2018-2019 events.
Mrs. Morris presented Ms. Ginger Awtry with the Community of the Heart Award
and Mr. Stephen Thornton with the Cross Timers Legacy Award for his years of
dedicated service.
Mr. Thornton recognized Mrs. Kim Morris with a Volunteer of the Year award.
c. Presentation and discussion regarding the modification of the Police Services
Agreement with the City of Keller by adding one (1) multi-purpose police officer
position.
Town Manager DeGan and Chief Wilson provided a presentation and overview of
the item.
Discussion ensued regarding recommendation to add an additional officer,
increasing the presence at the Academy, additional increases which may be
necessary to accommodate the growth and development, the position would be
a 3-5 year officer rotation, Par One Crime, regional GIS discussions, utilizing DPS
resources, and the average officer time per accident.
Town Council Minutes
06/17/19
Page2of8
d. Presentation and discussion regarding the repealing of the current I.O.O.F
Westlake Cemetery the updated I.O.O.F Westlake Cemetery Rules and
Regulations, Sales Policies and master plan to meet current sales volume and
industry trends.
Director Meyer provided a presentation and overview of the item.
Discussion ensued regarding benchmark cemeteries, locations for urns, options
to install a roadway loop, perpetual care fund, number of unmarked grave sites,
Mr. McCaffrey's input, proposed fees, history of the Odd Fellow name, and
naming of the cemetery.
e. Presentation and discussion regarding repealing of the current Facility Use
Guidelines and Policies and adopting the Town of Westlake Facility Use
Guidelines and Policies to include new procedures and rental spaces.
Director Meyer provided a presentation and overview of the item.
Discussion ensued regarding cost, resident use, corporate partner use, limiting
the days of use at the Fire Station, and limiting the of hours of use.
f. Presentation and discussion regarding the proposed change from The
Independent Bank (TIB) to BBVA Compass Bank to provide implementation and
account maintenance services for their Commercial Credit Card Program for the
Town of Westlake.
Deputy Town Manager Simon provided an overview of the item.
Discussion ensued regarding the flexibility of limits and application uses for
recei pts.
g. Standing Item: Presentation and discussion of development projects per Staff
Report May 2019 including an Entrada report from the Developer and projects in
Planned Development PD 3-5.
Assistant Town Manager Greenwood provided an update regarding the legislation
signed removing the municipal authority to regulate types of building materials.
Assistant Town Manager Greenwood then provided an overview of the following
items:
Charles Schwab: exterior completion, tenant finish-out allowing for a Certificate
of Occupancy per floor, retail building construction which will require an
amendment to the PD, Schwab Way intersection enhancements, signalization at
Town Council Minutes
06/17/19
Page3of8
Schwab Way, Phase II construction, and the future development of the Front 44
development.
Entrada: foundation issues regarding the bell tower, construction company
changed by the developer, pedestrian bridge, chapel, comments regarding the
Plaza Mayor, gas well pad site plans, gas line relocation, and condominium
construction.
The Knolls: installation of infrastructure and the construction of retaining walls.
Spencer Ranch: meeting with developer to request development submittal and
discussions regarding developer agreements.
Specs: the expansion construction should be complete soon.
Solana: buildings at the Terrace and Larry North have new owners (Glenstar),
security on site, and property management.
4. EXECUTIVE SESSION
Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- BRE Solana
- Waterside Land Company LLC
- Front 44
5. RECONVENE MEETING
6. COUNCIL RECAP / STAFF DIRECTION
Town Council Minutes
06/17/19
Page4of8
- Reviewing the Facility Use policy regarding the community room at the Fire-EMS
station; limiting the days of the week, limiting the number of ineetings per year,
no charges for affiliate boards, and maximum meeting time.
- Changing the name of the Cemetery from I.O.O.F Westlake to Westlake I.O.O.F.
Cemetery and Mr. McCaffrey's input of the Cemetery and integration with the
Comprehensive Plan.
- Provide additional information regarding the recommendation of adding an
additional Officer to the Police Services
- Evaluate and update the Council on the legislative changes regarding building
materials.
7. AD]OURNMENT
Mayor Wheat adjourned the work session at 7:50 p.m.
Reqular Session
1. CALL TO ORDER
Mayor Wheat called the regular session to order at 7:50 p.m.
2. ITEMS OF COMMUNITY INTEREST
Director Awtry provided an overview of the upcoming events.
Town Manager DeGan acknowledged Chief Whitten with his certification of becoming an
Executive Fire Officer.
3. CITIZEN COMMENTS
No one addressed the Council.
Mayor Wheat moved to Item 5 of the agenda.
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting on May 20, 2019.
b. Consider approval of the joint meeting minutes from the meeting on June 3, 2016.
c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting
a Resolution updating the Facility Use Guidelines and Policies to include new
procedures and rental spaces.
Town Council Minutes
06/17/19
Page5of8
d. Consider approval of Resolution 19-20, repealing Resolution 10-10 and adopting
a Resolution updating the I.O.O.F Westlake Cemetery Rules and Regulations and
Sales Policies to meet current sales volume and industry trends and authorizing the
Town Manager to enforce the rules and regulations and provide for exceptions and
declaring an effective date.
e. Consider approval of Ordinance 883, amending Ordinance 637 Chapter 78
Streets Sidewalks and Other Public Places, Article III Town Owned Cemeteries,
Section 78-62 changing the hours of the I.O.O.F Westlake Cemetery hours.
f. Consider approval of Resolution 19-21, Approving the Annual Board
appointments.
g. Consider approval of Resolution 19-22, authorizing the Town Manager to
execute an agreement with BBVA Compass Bank, who will provide implementation
and account maintenance services for their Commercial Credit Card Program for
the Town of Westlake.
h. Consider approval of Ordinance 884, amending Chapter 34, Emergency Services,
Article II, Alarms and Article III, Department of Public Safety; Repealing Chapter
38 Article III Fire/Rescue Department to change the name to Westlake Fire — EMS
Department; by including Article III of Chapter 38 into Chapter 34 changing the
name to Fire — EMS Department.
i. Consider approval of Ordinance 885, amending Chapter 38, Fire Prevention and
Protection of the Code of Ordinances; adopting the 2018 Edition of the
International Fire Code with Amendments; by including Article II Alarms of Chapter
34 into Chapter 38.
Mayor Wheat removed item c of the consent agenda.
MOTION: Council Member Rennhack made a motion to approve items a and
b; and item d through item i of the consent agenda. Council
Member Goble seconded the motion. The motion carried by a vote
of 4-0.
Mayor Wheat moved to Item 6 of the agenda.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 886,
APPROVING A DEVELOPMENT PLAN/SITE PLAN SPECIFICALLY FOR A SPECIAL
PROJECT ENTRY SIGN FOR THE CHARLES SCHWAB CORPORATE CAMPUS, AS
AUTHORIZED BY ORDINANCE 307, ON AN APPROXIMATELY 775 SQUARE FOOT
PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 4, (PD3-
4) GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE FUTURE
INTERSECTION OF SCHWAB WAY AND STATE HIGHWAY 114APPROVING A
DEVELOPMENT PLAN/SITE PLAN SPECIFICALLY FOR A SPECIAL PRO]ECT
ENTRY SIGN FOR THE CHARLES SCHWAB CORPORATE CAMPUS, AS
AUTHORIZED BY ORDINANCE 307, ON AN APPROXIMATELY 775 SQUARE FOOT
PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 4, (PD3-
4) GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE FUTURE
INTERSECTION OF SCHWAB WAY AND STATE HIGHWAY 114.
Assistant Town Manager Greenwood provided a presentation and overview of the item.
Town Council Minutes
06/17/19
Page6of8
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Langdon made a motion to approve Ordinance
886. Council Member Rennhack seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat moved back to Item 4 of the agenda.
6. EXECUTIVE SESSION
Council convened into executive session at 7:56 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- BRE Solana
- Waterside Land Company LLC
- Front 44
7. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 9:18 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action necessary.
Town Council Minutes
06/17/19
Page7of8
9. FUTURE AGENDA ITEMS
No additional discussion required.
10. AD]OURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:18 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 26, 2019.
ATTEST:
Laura Wheat, Mayor
Kelly Edwards, Town Secretary
Town Council Minutes
06/17/19
Page8of8
T H � r o w � o �
VIJESTLAKE
MINUTES OF THE
JOINT TOWN COUNCIL
AND BOARD OF TRUSTEES
August 7, 2019
PRESENT: Mayor Laura Wheat and Council Members Greg Goble, Carol Langdon and Rick
Rennhack.
ABSENT: Alesa Belvedere and Michael Barrett
OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah
Simon, Assistant Town Manager Jarrod Greenwood, Town
Secretary Kelly Edwards, Fire Chief Richard Whitten, Director of
Planning & Development Ron Ruthven, Finance Director Debbie
Piper, Director Facilities & Public Works Troy Meyer, Director of
Information Technology Jason Power, Director of Human
Resources and Administrative Services Todd Wood, Dr. Mechelle
Bryson, PYP Principal Rod Harding, PYP Assistant Principal Beckie
Paquin, Secondary Principal Stacy Stoyanoff, Secondary Assistant
Principal Jennifer Furnish, DP Coordinator Dr. James Owen, MYP
Coordinator Terri Watson, PYP Coordinator Allison Schneider, and
WA Foundation Executive Director Dr. Shelly Myers.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 12:01 p.m.
Town Council Minutes
08/07/19
Page 1 of 2
2. DISCUSSION REGARDING THE TOWN COUNCIL AND BOARD OF TRUSTEE
GOVERNANCE INCLUDING THE MISSION VISION VALUES, THE PROPOSED
ACADEMIC (WESTLAKE ACADEMY) AND MUNICIPAL BUDGET FOR FISCAL YEAR
2019-2020, AND FUNDED AND UNFUNDED (UNDER DISCUSSION) PROJECTS
CONTAINED IN THE TOWN'S PROPOSED FIVE (5) YEAR CAPITAL
IMPROVEMENT PLAN.
• WESTLAKE ACADEMY FACILITY MASTER PLAN
• ENROLLMENT FORECASTS
Mike Conduff, The Elim Group, opened the session with True Leadership.
Team exercise of Jenga describing the impact to our community if we lost our current
mission vision values.
OnTarget Board Member - Eight Indisputable Behaviors & Making it Work
Act on Behalf; Know their Job; Set Targets; Identify Risk; Delegate the Work; Assess
Performance; Practice Discipline; and Report Back
Review and discussion regarding the current mission vision values for the Town and
Academy.
Discussion ensued regarding the proposed budget, proposed tax rate for 2019-2020, sales
and use tax, one time money, property tax reduction fund, five (5) year forecast, and
conducting an additional meeting regarding the property tax rate.
3. COUNCIL RECAP / STAFF DIRECTION
Revisit the Vision Statement(s) for the Town and Academy.
Do not lose the following from the Municipal Vision:
- oasis; balance; distinctive development
4. AD)OURNMENT
Mayor Wheat adjourned the work session at 4:34 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 26, 2019.
ATTEST:
Laura Wheat, Mayor
Kelly Edwards, Town Secretary
Town Council Minutes
08/07/19
Page2of2
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNoriuE sv ofsicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Consider approval of a Resolution repealing Resolution 17-39 and adopting
a Resolution updating the Facility Use Guidelines and Policies to include
new procedures and rental spaces.
STaFF CoNTaCT: Troy J. Meyer, Director of Public Works &Facilities
Strategic Alignment
i i � . � . . , ; . .
� �
- � �
High Quality Planning,Design&
Informed&Engaged Development-We are a desirable
Municipal& Maximize Efficiencies
Citizens/Sense of Academic Operations �'ell planned,high-quality &Effectiveness
Community community that is distinguished by
exemplary design standards.
�
Comprchensive Plan Project Review
Time Line- Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � N/A Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In February of 2019, the Town of Westlake opened the Westlake Fire-EMS Station No. 1 located
at 2000 Dove Road. This new facility not only provides Fire-EMS services but was also designed
with an Emergency Operation Center, administration offices and a mall area that can be used for
meeting space or training for the firefighters,residents and stakeholders.As a result,we have made
available various rooms at the station, and on a limited basis, the EOC and mall area for use by
residents or affiliate groups.
Page 1 of 2
Since the Town has added an additional building and changed procedures for renting the Municipal
and Academic facilities we need to adopt a new version of the Guidelines and Policies
This new proposed version has been updated to include the Fire-EMS Station No. 1, rules and
regulations and new rental policies and procedures for all Municipal and Academic facilities
RECOMMENDATION
Staff recommends approval of the Facility Use Guidelines and Policies to include new
procedures and rental space.
ATTACHMENTS
Resolution
Town of Westlake Facility Use Guidelines and Policies
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 19-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, REPEALING RESOLUTION 17-39 AND ADOPTING THE UPDATED
FACILITY USE GUIDELINES AND POLICIES TO INCLUDE NEW PROCEDURES
AND RENTAL SPACES.
WHEREAS, the Town of Westlake wishes to maintain all Town owned and leased
facilities in eXemplary condition; and,
WHEREAS, the Town wishes to offer the citizens of the Town of Westlake additional,
convenient and attractive, rental meeting space at the Fire-EMS Station No. 1; and,
WHEREAS, the Town recognizes the need to adopt standard rental rules and
regulations to ensure the accessibility to, and the responsibility of the renters;
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 2: That the Town of Westlake Town Council does hereby approve the
proposed policy, attached as Exhibit "A", governing the Town of Westlake Facility Use
Guidelines and Policies.
Resolution 19-19
Page 1 of 10
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST 2019.
ATTEST:
Laura L. Wheat, Mayor
APPROVED AS TO FORM:
Kelly Edwards, Town Secretary
L. Stanton Lowry, Town Attorney
Resolution 19-19
Page 2 of 10
Town of Westlake Facility Use
T x E i o w N o F Guidelines and Policies
WESTLAKE
oisTiNCTivE av oEsisN
General Policy Requirements:
1. Compliance - Individuals and organizations utilizing the facility are required to
abide by all applicable Town ordinances, state laws and reservation policies. If a
group fails to comply with the requirements of the policy, forfeiture of the
facility deposit may occur and future use of a�facility may be denied.
2. Primary Purpose of Meetin�Space - The meeting rooms and available space at
any municipal location serve the primary purpose of holding meetings and
discussions for the Town Council, Board of Trustees, Planning and Zoning
Committee, affiliate groups of the Town Council, school classrooms, public
administration, etc In the event a resident has reserved space, every effort will
be made to avoid a conflict. However, in certain circumstances, unforeseen use
of a space may be required for municipal or school business and a reservation
may be cancelled. Staff will notify the resident as soon as possible and offer
additional availability according to the meeting calendar.
3. Outside Fees - The municipality shall not be responsible for any outside fees
incurred by the resident should a rental reservation be cancelled.
4. Political Activity Campaigning, Endorsements & Lo�os - Town owned and
leased facilities are not available for use as a campaign location or for other
political activity.
Any use of a Town owned, or leased facility does not constitute, nor should it be
construed as supporting the discussions or views of the participants of any given
meeting. Residents should refrain from publishing or advertising any material
that states or implies an endorsement.
Use of any Town or Westlake Academy logo is prohibited unless the applicant is
an officially recognized affiliate.
5. Audio/Visual Technolo� - is generally not available in Town rental space(s).
An exception may be granted for those requesting a long-term rental on the
Academy campus. Should staff be necessary to support audio/visual needs for
long term commitments, additional fees may apply.
Resolution 19-19
Page 3 of 10
6. Non-�ublic Areas of Buildings/Facilities - In the event a resident utilizes a
portion of Town owned or leased facilities, access is limited to the space available
and notated in the agreement. Non-public spaces such as offices, kitchens,
storage closets, classrooms, etc., will not be available for use by the resident.
7. Sales and Fundraisin� - are prohibited on Town owned/leased property unless
the event is Town sponsored or conducted by a Town or Academy affiliate
group. This includes for-profit groups/businesses or advertisement of goods or
services.
8. Damages and Cleaning - Individuals and organizations using any of the
available rooms/facilities are responsible for the costs associated with repairing
the building or replacing items that are damaged during the rental period.
Failure to remit the required repair/replacement fees for the damages will result
in the loss of future reservation privileges and any deposit.
9. Cleanin�-The resident is responsible for cleaning the facility at the conclusion of
the rental. The reservation must include the necessary time for these activities.
10. Insurance Requirements - Insurance shall be required per the conditions of our
lease agreement with the facility owner. Please refer to the Insurance Requirements
section below for more information.
11. LiabilitV - When using any Town owned or leased space, the user agrees to hold
harmless the Town and its employees/representatives from and against any
claims for damages to persons or property arising out of any use of the facility
and its premises by the user. Users are responsible for their guests' adherence to
the policies herein described.
12. Losses - In addition, the Town shall not be responsible for damage or loss of
property or materials during a rental period. This includes items left in common
spaces of any facility.
Facility AvailabilitX
1. The Performance Hall, Cafeteria area, Multi-Purpose Hall (MPH), Gym and
Sports Fields of the Westlake Academy/Civic Campus is available for use
Monday through Friday between 5:00 p.m. and 10:00 p.m. and Saturday and
Sunday between the hours of 6:00 a.m. and 10:00 p.m. after which an additional,
extended hours fee of $15.00 per hour will apply. NOTE: The Sports Fields may
be used during daylight hours only.
Resolution 19-19
Page 4 of 10
2. The Council Chambers/Courtroom is available for use Tuesday thru Thursday
from 8:00 am to 10:00 pm based on availability. Any resident requesting this
space should contact the Director of Public Works and Facilities (hereinafter
known as Director) or his/her designee to determine if availability exists.
3. The Westlake Fire Department Administration Training Room and Mall are
available for use Monday's and Tuesday's from 9:00 a.m. to 3:00 p.m. only, based
on availability. Any resident requesting this space should contact the Director or
his/her designee to determine if availability exists. Additional guidelines for this
location include the following:
a. Maximum number of participants is 25
b. Outside tables and chairs may not be brought in to the facility
c. This space may only be rented nine times in one calendar year (Jan -Dec)
by the same organization.
d. May only be used for formal business meeting purposes (meetings that
include activities such as games, arts & crafts, food preparation, etc. are
not allowed)
4. Availability is determined upon submission of an application and deposit, which
may be obtained on the Towri s website, Facility Use A�plication at and remitted
to the Town Hall offices at 1500 Solana Boulevard, Building 7, Suite 7200,
Westlake, TX 76262 or via email at dMcfarlane@westlake-tx.or�.
Application Process
1. A Facility Use Application must be filled out and submitted at least 14 days prior
to the requested reservation date. Application forms are available in the lobby of
Town Hall or may be obtained on the Towri s website, Facility Use Application.
2. No verbal or tentative agreements will be accepted.
3. The applicant must be a resident of the Town of Westlake or a Town or School
affiliate, must remain on-site for the duration of the rental period, and is
responsible for the adherence to the guidelines and policies of the Town for all
individuals during the use of the facility.
4. The Facilities and Recreation Department reserves the right to terminate a
reservation during the activity if the conditions so warrant (i.e., severe weather,
etc.).
Resolution 19-19
Page 5 of 10
Deposits*-
1. To be assessed according to the request and duration of reservation:
a. $500 - one day rental of Cafeteria, MPH, Gym, Performance Hall or Sport
Fields
b. $2000 - extended commitment rental for Cafeteria or Performance Hall
c. $1000 - one day rental of the Town Council Chambers/Courtroom or Fire
Department Administration Training Room and Mall
2. The deposit is refundable under the following conditions:
a. Provided that no damage has occurred to the facility or fixtures (reviewed
by the applicant and Town representative at the conclusion of the use
period).
b. Renter must have followed all facility use guidelines and policies and
Town ordinances during the event.
3. The deposit will be returned within 14 days from the rental date and will be
mailed to the applicant.
Reservation Time and Rental Fees'�
1. Facilities may be reserved for a minimum of three (3) hours and a maximum of
six (6) hours.
2. The reservation period will include the time necessary to set up and clean the
facility -no additional time will be allocated for these activities.
3. Fees to be assessed according to the request and duration of reservation:
a. $350 - Three-hour rental of Cafeteria or Gym
b. $100 - Each additional hour rental of Cafeteria or Gym
c. $475 - Three-hour rental of Performance Hall or MPH
d. $150 - Each additional hour rental of Performance Hall or MPH
e. $150 - Three-hour rental of Sports Field
f. $ 50 - Each additional hour rental Sports Field
g. $100 - per hour for the Town Council Chambers/Courtroom
h. $ 50 - per hour for the Fire Department Administration Training Room
and Mall
*Town and School affiliate groups will not be charged deposits or rental fees
Resolution 19-19
Page 6 of 10
Reservation Requirements, Availability, and Limitations
1. The Town does not provide eating utensils, tablecloths, office supplies, electronic
equipment or any other type of products during the reservation period. The
individual or organization reserving the facility must provide these types of
items.
2. The room occupancy rate will be posted and explained to the applicant during
the rental process. In accordance with fire codes, the occupancy rate may not
exceed the maximum allowable number of individuals at any time during the
rental period.
3. The Town and/or Westlake Academy reserves the right to alter the schedule or
limit the use of the facility due to any Town or School related events or
conditions which pose a conflict with the requested rental period.
Facility Access
1. The rental agreement will include provisions for a Town of Westlake
representative to be present during the use of the facility when necessary. The
representative will provide building access and work with the applicant to
ensure the facility is secured and cleaned at the conclusion of the rental.
2. In the event of an unforeseeable emergency, and the representative is detained or
not available, the applicant may contact the Facilities and Recreation Assistant at
(817) 490- 5768 or the Director at (817) 829-6974 to gain access to the building.
3. All lights must be turned off and facility doors must be secured at the conclusion
of the reservation.
4. Please do not attempt to force open the doors or break a window to enter the
facilities.
Cancellations
1. In order to receive a full refund of all fees and deposits, the reservation must be
cancelled at least 14 days prior to the reservation date. If cancellation occurs
after the 14-day period, the Department reserves the right to assess a $100
administrative fee to cover staffing costs.
2. No refunds of the rental fees will be given for notices within two days of the
reservation date or for a cancellation notice after the rental date.
Resolution 19-19
Page 7 of 10
Dama�es
1. Individuals and organizations reserving the facility are responsible for the costs
associated with repairing the building or replacing items that are damaged
during the rental period.
2. Failure to remit the required repair/replacement fees for the damages will result
in the loss of future reservation privileges and any deposit.
Chaperones
1. The resident who submits the reservation application must remain on premises
at all times during the use of the facility. Failure to remain on site may result in
the loss of future reservation privileges and the deposit.
2. Reservations for a youth event require a minimum of two adult chaperones for
1 - 30 youth participants. One adult chaperone must be provided for each
additional 15 participants. Youths are defined as anyone less than 21 years of
age.
3. The Town reserves the right to require the presence of a police officer during
these types of events. The personnel cost for the off-duty assignment will be the
responsibility of the applicant.
Cleanin�
1. The resident and/or organization is responsible for cleaning the facility at the
conclusion of the rental. The reservation must include the necessary time for
these activities.
2. The Town representative will provide access to the cleaning supplies and
equipment for the resident or organization.
3. All furniture must be returned to the original configuration prior to vacating the
premises.
4. All trash must be bagged and removed from the facility at the conclusion of the
rental period. Outside trash receptacles (dumpster storage containers) are
provided behind the Cafeteria area at the school and directions will be provided
with rental of all other spaces.
Resolution 19-19
Page 8 of 10
5. A checklist will be provided to the applicant and reviewed with the Town
representative to ensure all necessary tasks have been completed to clean and
prepare the facility for future use.
Food/Drink
1. Refreshments are allowed in the Performance Hall, Multipurpose Hall, Cafeteria
and Fire Department Administration Training Room and Mall. Food and drink
are not allowed in the Gym.
2. Tables and chairs will be provided (upon prior request) for those individuals
who are hosting a catered event.
Decorations/Special Activities
1. Decorations may be used that do not cause damage to the walls, ceilings or any
other part of the room, furniture or fixtures and must be removed at the end of
the reservation period.
2. Items such as nails, thumbtacks and permanent tape may not be used.
3. Painter's tape is the only approved method for decorating purposes and must be
fully removed from the facility upon completion of the reservation.
4. Plans for special activities including, but not limited to: bounce houses,
inflatables, dunking booths, amplified sound systems, etc. must be reviewed and
approved by the Director or his/her designee prior to their use.
Tobacco and Alcohol Use and Pet Policy
1. No smoking, use of tobacco products or alcoholic beverages are allowed on any
Town owned or leased property. This includes the Westlake Town Hall, Fire-
EMS Station and all Westlake Academy facilities.
2. No pets are to be in the facility during the rental period. The only exception
would be service animals.
Insurance Requirements
1. Proof of insurance that lists the Town as an additional insured entity is required
for all organized programs of athletic competitions, including but not limited to
basketball, soccer and little league groups.
Resolution 19-19
Page 9 of 10
2. Insurance is not needed for individuals or groups of residents who use the
athletic fields for a one-time-use basis.
3. Proof of insurance may be required for other groups renting the facilities and
will be addressed individually.
Liabili : When using any Town owned or leased space, the user agrees to hold
harmless the Town and its employees/representatives from and against any claims
for damages to persons or property arising out of any use of the facility and its
premises by the user. Users are responsible for their guests' adherence to the policies
herein described.
PLEASE NOTE: The above information concerns general reservation policies and
covers most reservation requirements. For specific concerns or those questions not
answered above, it is the responsibility of the applicant to contact the Director or
his/her designee to ensure compliance with all policies.
Resolution 19-19
Page 10 of 10
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNoriuE sv ofsicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToP�c: Consider approval of an Ordinance amending Chapter 78 Streets, Sidewalks
and Other Public Places, Article III Town Owned Cemeteries, Section 78-
60 LO.O.F.Westlake Cemetery changing the name of the LO.O.F.Westlake
Cemetery to the Westlake I.O.O.F. Cemetery.
STAFF CONTACT: Troy J. Meyer, Director of Public Works & Facilities
Strategic Ali�nment
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High Quality Planning,Design&
Informed&Engaged Development-We are a desirable
Cirizens/Sense of Municipal& well planned,high-quality Encourage Westlake's
Community Academic Operations community that is distinguished by Unique Sense of Place
exemplary design standards.
. ,
Comprehensive Plan Project Review
Time Line - Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � N/A Source- N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In 1897, the Roanoke Independent Order of Odd Fellows (I.O.O.F) Lodge 421, purchased
approximately 5 '/z acres of property to serve as a public burial ground for departed friends and
family members of those that founded this promising new land.
The Town of Westlake and its officials are honored to have earned the trust and friendship of the
Fanning family to the extent that Mr. Dick Fanning, president of the LO.O.F Cemetery
Page 1 of 2
Association, entrusted the Town of Westlake with the perpetual care and restoration of the I.O.O.F
Cemetery in May 2007.
On February 25, 2008, the Council approved funding to proceed with the development of a
cemetery master plan.
A status report on the rules, regulations,policies and procedures was presented in a July 28, 2008
workshop. Council's recommendation was to define the cemetery and who owns the cemetery.
On April 19, 2010,the Town Council adopted ordinance 637 establishing Chapter 78 of the Town
of Westlake Code by reserving Sections 78-31 through 78-59 and adding Article III Town Owned
Cemeteries as follows: Article III. Town Owned Cemeteries.
The Town Council requested the I.O.O.F remain in the name of the Cemetery with the approval
of the Grand Lodge LO.O.F Board of Trustees. Staff received the approval on May 12, 2010 to
include the I.O.O.F as part of the new name of the cemetery changing it to I.O.O.F Westlake
Cemetery.
Based on a survey of other LO.O.F. cemeteries, staff has found that placing the town name before
the I.O.O.F. designation is a more traditional name format. Staff recommends changing the name
of the cemetery to the Westlake LO.O.F. Cemetery.
RECOMMENDATION
Staff recommends approval of this item.
ATTACHMENTS
Ordinance
Page 2 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 887
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 78
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE III TOWN
OWNED CEMETERIES, SECTION 78-60 I.O.O.F. WESTLAKE CEMETERY;
CHANGING THE NAME OF THE I.O.O.F. CEMETERY TO THE WESTLAKE
I.O.O.F. CEMETERY.
WHEREAS, the Town of Westlake, TeXas is a generallaw Town; and
WHEREAS, the Town of Westlake wishes to maintain the Westlake I.O.O.F Cemetery
as a peaceful and restful place of solace to those who have been bereaved and demonstrate
respect for the memory of the people for whom the cemetery is a final resting place; and,
WHEREAS, the Town Council for the Town of Westlake determines the Westlake
LO.O.F. Cemetery is a more traditional name format; and
WHEREAS, upon the recommendation of Westlake's Director of Public Works and
Facilities of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the
Town and its citizens that the amendment should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 78 "Streets, Sidewalks and Other Public Places", Section 78-
60 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows.
The municipal cemetery located in and owned by the Town of Westlake, formerly known
as the I.O.O.F. Westlake Cemetery, shall hereafter be known as the Westlake I.O.O.F. Cemetery.
SECTION 3: That all provisions of Ordinance 637 not hereby amended shall remain in
full force and effect.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinance 887
Page 1 of 2
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
eXceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST 2019.
ATTEST:
Laura L. Wheat, Mayor
APPROVED AS TO FORM:
Kelly Edwards, Town Secretary
L. Stanton Lowry, Town Attorney
Ordinance 887
Page 2 of 2
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNoriuE sv ofsicN
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Consider approval of an Ordinance adopting the 2018 Building Codes
STaFF CoNTaCT: Nick Ford, Development Coordinator
Pat Cooke, Chief Building Official
Strategic Alignment
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Mission: Westlake is a
unique community blending
preservation of our natural
environment and High Quality Planning,Design&
Development-We are a desirable
viewscapes,while serving Citizen, Student& Well planned,high-quality Preserve Desirability
our residents and businesess Stakeholder &Quality of Life
with superior municipal and community that is distinguished by
academic services that are exemplary design standards.
accessible, efficient,cost-
effective, &trans arent.
�
Comprehensive Plan Project Review
Timeline - Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: $0.00 Status - ❑ N/A Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
International Building Codes are revised in three-year cycles. The Town adopted the 2015
Building and Fire codes in January of 2017 and must now adopt the 2018 codes in order to satisfy
State mandates and stay current with new construction materials and methods. Periodically
updated Codes are a tool that helps ensure the most efficient and best methods of construction are
utilized in Westlake.
Page 1 of 2
In addition, the Texas Legislature mandated that all municipalities in Texas begin enforcing the
2018 Energy Conservation Code and 2018 International Swimming Pool and Spa Code for all new
construction beginning September 2019. Adopting the current energy code and swimming pool
code will require the adoption of the other codes due to the cross-referencing and continuity of the
other codes.
In addition, for the Town to maintain its Insurance Service Offices (ISO)rating we must adopt the
most current codes. ISO requires that municipalities maintain the most recent available building
codes for maximum ratings. Surrounding cities have either already updated their codes or are in
the process of updating their codes.
Staff is proposing amendments recommended by the North Central TeXas Council of Governments
for our region. These amendments ensure that codes will fit local conditions and maintain regional
continuity.Note that the 2018 codes have been further adjusted to include the town's long-running
requirement that all new construction have an automatic fire sprinkler installed.
All codes recommended for adoption are 2018 editions except for the Electrical Code, which is on
a different cycle (2017 is the most recent edition). However,the 2017 Electrical Code is written to
be compatible with the 2015 Building, Fire, and other trade codes. The following codes are
considered for adoption:
• 2018 International Building Code
• 2018 International Residential Code
• 2018 International Plumbing Code
• 2018 International Mechanical Code
• 2018 International Fuel and Gas Code
• 2018 International Energy Conservation code
• 2018 International Swimming Pool and Spa Code
• 2018 International Existing Building Code
• 2018 International Property Maintenance Code
• 2017 National Electric Code
RECOMMENDATION
Staff recommends adoption of the 2018 International Building Codes and 2017 National Electric
Code with NCTCOG regional amendments with an effective date of September 1, 2019.
ATTACHMENTS
Ordinance adopting 2018 International Building Codes and 2017 National Electric Code.
Page 2 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 888
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 18
TITLED `BUILDINGS AND BUILDING REGULATIONS" BY AMENDING,
ARTICLE II "CODES", SECTIONS 18-31 THROUGH 18-60, BY ADOPTING THE
2018 EDITIONS OF THE INTERNATIONAL CONSTRUCTION CODES WITH
NCTCOG RECOMMENDED AMENDMENTS, INCLUDING THE RESIDENTIAL
CODE, BUILDING CODE, PLUMBING CODE, MECHANICAL CODE, FUEL AND
GAS CODE, ENERGY CONSERVATION CODE, SWIMMING POOL AND SPA
CODE, EXISTING BUILDING CODE, AND THE PROPERTY MAINTENANCE
CODE,ALONG WITH THE 2017 NATIONAL ELECTRICAL CODE; PROVIDING A
PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS,the Town of Westlake is currently enforcing the 2015 International Codes
and the 2014 National Electrical Code; and
WHEREAS, North Central Texas Council of Governments has recommended
amendments and encourages municipalities in the area to adopt the 2018 International Codes
and 2017 National Electrical Code; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the
public health, safety and welfare that to adopt the 2018 editions of the International Residential,
Building, Plumbing, Fuel Gas, Mechanical, Energy Conservation, Swimming Pool and Spa,
Existing Building, and Property Maintenance Codes, and the 2017 edition of the National
Electrical Code; and
WHEREAS, upon the recommendation of the Town of Westlake Planning and
Development Department,the Town Council of the Town of Westlake, Texas, is of the opinion
that it is in the best interests of the town and its citizens that the amendments to the 2018
International Construction Codes and 2017 National Electrical Code should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 18, "Buildings and Building Regulations" Article II
"Codes", Sections 18-31 through 18-60 of the Town of Westlake Code of Ordinances is hereby
amended as follows:
Ordinance 888
Page 1 of 84
CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. CODES
Section 18-31 Adoption.
The town adopts in their entirety the 2018 Edition of the International Residential Code, the
2018 Edition of the International Building Code, the 2018 Edition of the International Energy
Conservation Code, the 2018 Edition of the International Fuel Gas Code, the 2018 Edition of
the International Mechanical Code, the 2018 Edition of the International Plumbing Code, the
2018 Edition of the International Swimming Pool and Spa Code, the 2018 Edition of the
International Existing Building Code, the 2018 Edition of the International Property
Maintenance Code and the 2017 Edition of the National Electrical Code, including the
amendments to such codes as attached to this ordinance and as recommended by the North
Central TeXas Council of Governments (NCTCOG).
Section 18-32 Permit and Registration Required.
No person shall perform any work or supply any materials falling within the jurisdiction of one
of the respective codes adopted under Section 18-31 without first having secured a permit in
accordance with the applicable code and having registered with the Town of Westlake.
Section 18-33 Penalty.
That any person, either by himself or agent, and any firm, corporation or other entity who
violates any of the provisions of the codes adopted in section 18-31 shall be deemed guilty of a
misdemeanor and, upon conviction of any such violation, shall be punished as provided in
Section 1- 9. In any case of a violation of any of the terms and provisions of the codes adopted
by the ordinance, by any corporation, the officers and agents actively in charge of the business
of such corporation shall be subject to the penalty provided in this section.
Section 18-34 Local Amendments.
1. All buildings are required to be protected by an automatic fire sprinkler system. See the
Westlake Fire Code (Chapter 38) and amendments for provisions, and eXceptions, relating to
the requirements for the installation of Automatic Fire Sprinkler systems.
Section 18-35 Amendments to the 2018 International Building Code.
The following sections,paragraphs, and sentences of the 2018 International Building Code
are hereby amended as follows: Standard type is text from the IBC. Underlined type is text
inserted. T ;„�a *'�r�„�'� *��� ;� a�'�*��' *��* ��� T'��' A double asterisk (**) at the beginning
of a section identifies an amendment carried over from the 2015 edition of the code and a
triple asterisk(***) identifies a new or revised amendment with the 2018 code.
**Section 101.4; change to read as follows:
Ordinance 888
Page 2 of 84
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and
referenced elsewhere in this code, when specificall.��pted, shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Whenever
amendments have been adopted to the referenced codes and standards, each reference to said
code and standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the Electrical Code shall mean the Electrical Code as ado�ted.
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with
referenced codes. The former ICC Electrical Code is now Appendix K of this code but no longer
called by that name.)
**Section 101.4.8; add the following:
101.4.8 Electrical. The provisions of the Electrical Code shall a�lv to the installation of
electrical systems, including alterations, repairs, replacement, equipment, a�pliances, fixtures,
fittin sg and appurtenances thereto.
(Reason: This was dropped when ICC quit publishing the ICC Electrical Code, but the
Electrical Code still should be referenced regardless of how it is adopted.)
**Section 103 and 103.1; amend to inse�t the DepaNtment Name
TOWN OF WESTLAKE BUILDING INSPECTION DEPARTMENT
103.1 Creation of enforcement agency. The Town of Westlake Building Inspection
Department is hereby created and the official in charge thereof shall be known as the Building
Official.
(Reason: Reminder to be sure ordinance reads the same as designated by the city.)
***Section [A] 104.2.1 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas. (.Iurisdictions may consider the
option to amend or delete depending on local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by otheN depaNtments within the city.)
**Section 10410.1;Flood hazard aNeas. (Jurisdictions may consider the option to amend or
delete depending on local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ov�dinances may be administered by othev�depav�tments within the city.)
*�Section 105.2 Work exempt fi^om permit; under sub-title entitled "Building" delete items
1, 2, 10 and 11 and re-number as follows:
Building:
Ordinance 888
Page 3 of 84
� ,
�
� �o,,,.o� ,,,,� ,. ,. � �o� �i Q�� ,,-,,,-,� i,;,.�,
� L (Remainder Unchanged)
4. 2. (Remainder Unchanged)
� 3. (Remainder Unchanged)
� 4. (Remainder Unchanged)
� 5. (Remainder Unchanged)
� 6. (Remainder Unchanged)
� 7. (Remainder Unchanged)
� ,
�8. (Remainder Unchanged)
�,?9. (Remainder Unchanged)
� 10. (Remainder Unchanged)
(Reason: Item� deleted are for one- and two family dwellings regulated by the International
Residential Code. Accessory str�uctures, fences and shade cloth structures would require a
permit for commercial properties to ensure compliance with local ordinance, egress,
accessibility,flame spread of fabric, wind/snow design load, etc.)
**Section 109; add Section 109.7 to aead as follows:
109.7 Re-ins�ection Fee.A fee as established by city council resolution may be charged when:
1. The inspection called for is not ready when the inspector arrives;
2. No buildin� address or permit card is clearly_posted;
3. City approved plans are not on the job site available to the inspector;
4. The building is locked or work otherwise not available for inspection when called;
5. The job site is red-tagged twice for the same item;
6. The original red ta�has been removed from the job site.
7. Failure to maintain erosion control, trash control or tree protection.
An. r�pection fees assessed shall be paid before any more inspections are made on that
�ol b site•
(Reason: This fee is not a fine or penalty but is designed to compensate for time and trips when
Ordinance 888
Page 4 of 84
inspections are called for when not ready.)
**Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to �ead as follows:
109.8 Work without a permit.
109.8.1 Investigation.Whenever work for which a permit is required by this code has been
commenced without first obtaining a permit, a special investigation shall be made before a
permit may be issued for such work.
109.8.2 Fee. An investi�ation fee, in addition to the permit fee, shall be collected whether
or not a permit is subsequently issued. The investigation fee shall be equal to the amount of
the�ermit fee rec�uired bv this code or the citv fee schedule as a�licable. The pavment of
such investigation fee shall not exem�t the applicant from compliance with all other
provisions of either this code or the technical codes nor from penalt�prescribed b.�
109.9 Unauthorized cover up fee. Any work concealed without first obtainin� the required
inspection in violation of Section 110 shall be assessed a fee as established by the city fee
schedule.
(Reason: This fee is not a fine or penalty but is designed to compensate for time and to remove
incentive to attempt to evade permits and code compliance. Text taken from former Uniform
Administrative Code.)
***Section 110.3.5; Lath, gypsum boa�d and gypsum panel product inspection; Delete
exception
(Reason: Lath or gypsum board inspections are not typically performed in this area.)
***Section 202; amend definition ofAmbulatory Care Facility as follows:
AMBULATORY CARE FACILITY.Buildings or portions thereof used to provide medical,
surgical,psychiatric, nursing or similar care on a less than 24-hour basis to individuals who are
rendered incapable of self-preservation by the services provided �*��'���-u�����
. This r�oup may include but not be limited
to the following:
- Dialysis centers
- Sedation dentistry
- Surgery centers
- Colonic centers
- Psvchiatric centers
Ordinance 888
Page 5 of 84
(Reason: To clarify the range of uses included in the definition. [Explanatory note related to
Ambulato�y Care Facilities: This group of uses includes medical or dental offices where
persons are put under for dental surgery or other services. Section 903.2.2 will now require
such uses to be sprinklered if on other than the floor of exit discharge or if four or more persons
are put under on the level of exit discharge. Recommend (1.)jurisdictions document any pre-
existing non-conforming conditions prior to issuing a new C of O for a change of tenant and,
(2.) On any medical or dental office specify on C of O the maximum number of persons
permitted to be put under general anesthesia. It is recommended that before a Certificate of
Occupancy is issued, a letter of intended use from the business owner shall be included and a
C of O documenting the maximum number of care recipients incapable of self preservation
allowed.)
**Section 202; add definition ofAssisting Living Facilities to read as follows.
ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour
basis, who because of age, mental disability or other reasons, live in a supervised residential
environment which provides personal care services. The occupants are capable of responding
to an emergency situation without physical assistance fi^om staff.
(Reason: The code refev�ences Assisted Living facilities and definition was deleted.)
**Section 202; change defznition of"Atrium"as follows:
ATRIUM. An opening connecting�e three or more stories... {Balance remains unchanged}
(Reason: Accepted practice in the region based on legacy codes. Section 1019 permits
unenclosed two story stairways under certain circumstances.)
***Section 202;�amend defznition of"Repair Gar�age"as follows:
REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing
motor vehicles._This occupancy shall also include garages involved in minor repair,
modification and servicing of motor vehicles for items such as lube changes, inspections,
windshield repair or replacement, shocks,minor part replacement and other such minor repairs.
(Reason: The code references aligns with fire code.)
**Section 202; amend definition of SPECIAL INSPECTOR to read as follows:
SPECIAL INSPECTOR. A qualified person employed or retained by an approved agency
who shall�rove to the satisfaction of the re�istered design�rofessional in res�onsible char�e
and the Building Official as having the competence necessary to inspect a
particular type of construction requiring special inspection.
(Reason: The registered design professional in Nesponsible chaNge should be included.)
Ordinance 888
Page 6 of 84
Option B
**Section 202; amend definition to read as follows:
HIGH-RISE BUILDING. A building with an occupied floor located more than�55 feet
�'''' 4tin mm' (16 764 mm� above the lowest level of fire department vehicle access.
(Reason: To define high-v�ise, as it influences sprinkler requirement thresholds based on the fire
fighting capabilities of a jurisdiction.)
***Section 303.1.3; add a sentence to read as follows:
303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes
that is associated with a Group E occupancy is not considered a separate occupancy; �xcept
when a�lving the assembl.�quirements of Chapters 10 and 11.
(Reason: To clarify that egress and accessibility requirements are applicable for assembly
areas, i.e. cafeteria, auditoriums, etc.)
**Section 304.1; add the following to the list of occupancies:
Fire stations
Police stations with detention facilities for 5 or less
(Reason: Consistent with regional practice dating back to the legacy codes.)
*�Section 307.1.1; add the following sentence to Exception 4:
4. Cleaning establishments... {Text unchanged} ...with Section 707 or 1-hour horizontal
assemblies constructed in accordance with Section 711 or both. See also IFC Cha�ter 21, DrX
Cleanin Pg lant provisions.
(Reason: To call attention to detailed requirements in the Fire Code.)
**Section 403.1, Exception 3; change to read as follows:
3. The o�en air portion of a building�remainder unchangedJ
(Reason: To clarify enclosed pov�tions are not exempt.)
**Section 403.3, Exception; delete item 2.
(Reason: To provide adequate fire protection to enclosed areas.)
Ordinance 888
Page 7 of 84
**Section 403.3.2; change to read as follows:
[F] 403.3.2 Water supply to required fire pumps. In buildings that are more than 4�9 120
feet (36.5 m� in building height, required fire pumps shall be supplied by connections to no
fewer than two water mains located in different streets. Separate supply piping shall be provided
between each connection to the water main and the pumps. Each connection and the supply
piping between the connection and the pumps shall be sized to supply the flow and pressure
required for the pumps to operate.
Exception: {No change to eXception.}
(Reason: The 2009 edition of the IFC added this requirement based on a need for redundancy
of the water supply similar to the redundancy of the power supply to the fire pumps required
for such tall buildings, partially due to the fact that these buildings are rarely fully evacuated
in a fire event. More commonly, the alarm activates on the floor of the event, the floor above
and the floor below. Back-up power to the fire pump becomes critical for this reason.
Certainly, the power is pointless if the water supply is impaired for any reason, so a similar
requirement is provided here for redundant water supplies. The 2015 edition changed the
requirement to only apply to very tall buildings over 420 ft. This amendment modifies/lowers
the requirement to 120 ft., based on this same height requirement for fire service access
elevators. Again, the language from the 2009 and 2012 editions of the code applied to any
high-rise building. This compromise at 120 ft. is based on the above technical justification of
defend-in place scenarios in fire incidents in such tall str�uctures.)
**Section 404.5; delete Exception.
(Reason: Consistent with amended atrium definition.)
**Section 406.3.3.1 Carport sepa�ation; add sentence to �ead as follows:
A fire separation is not required between a Group R-2 and U carport provided that the
carport is entirely open on all sides and that the distance between the two is at least 10
feet (3048 mm�
(Reason: Simplifies the fire separation distance and eliminates the need to obtain opening
information on existing buildings when adding carports in existing apartment complexes.
Consistent with legacy codes in effect in region for years and no record of problems with car
fires spreading to apav�tments as a v�esult.)
***Table 506.2; delete sentence fi^om table
r i rn i „� n,,,,o„a;., r
Ordinance 888
Page 8 of 84
(Reason: To eliminate the need for Appendix C adoption and remain consistent with 6000 sq.
ft. spv�inklering provision.)
**Section 506.3.1; add sentence to read as follows:
506.3.1 Minimum percentage of perimeter. [Existing Text remains]
In order to be considered as accessible, if not in direct contact with a street or fire lane, a
minimum 10-foot wide pathway meetin fir�e department access from the street or a�roved fire
lane shall be provided.
(Reason: To define what is considered accessible. Consistent with regional amendment to IFC
504.1.)
***Section 602.1.1; add sentence to read as follows:
602.1.1 Minimum Requirements. [Existing Text to remain]
Where a building contains more than one distinct ty�e of construction,the buildin�shall comply
with the most restrictive area, height, and stories, for the lesser type of construction or be
se�arated bv fire walls.
(Reason: To create definite language that requires separation between dissimilar building
types.)
***Section 708.4.2; change sentence to read as follows:
708.4.2 Fireblocks and draftstops in combustible construction. [Body of text unchangedJ
Exceptions:
1. Buildings equipped with an automatic sprinkler system installed throughout in
accordance with Section 903.3.1.1, or in accordance with Section 903.3.1.2
provided that sprinkler protection is provided in the space between the top of the
fire partition and the underside of the floor or roof sheathing, deck or slab above as
required for systems complying with Section 903.3.1.1. Portions of buildin�s
containing concealed s�aces filled with noncombustible insulation as permitted for
sprinkler omission shall not a�ly to this exce�tion for draftsto�in�.
[Remainder unchangedJ
Reason: (The most common exception used to eliminate the need for sprinklers in concealed
spaces of combustible construction is to fill the space with noncombustible insulation. This
exception was changed in 2010 to permit a 2-inch air gap at the top of the filled space. A space
compliant with the permitted omission above would allow hot gas and smoke to spread
unimpeded throughout a building not provided with draftstopping. For this reason, omission of
sprinklers permitted in accordance with NFPA 13 referenced standard should not be permitted
with IBC exception requiring draftstopping in combustible construction.)
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***Section 718.3; change sentence to read as follows:
718.3 Draftstopping in floors. [Body of text unchangedJ
Exceptions: Buildings equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1. and provided that in combustible construction,
sprinkler protection is provided in the floor space.
(Reason: To remain consistent with changes in 708.4.2 code.)
***Section 718.4; change sentence to read as follows:
718.4 Draftstopping in attics. [Body of text unchangedJ
Exceptions: Buildings equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1 and provided that in combustible construction,
sprinkler protection is provided in the attic space.
(Reason: To remain consistent with changes in 708.4.2 code.)
**Section 901.61; add Section 901.61.1 to read as follows:
901.6.1.1 Stand�ipe Testing. Buildin� owners/mana�ers must maintain and test standpipe
systems as per NFPA 25 requirements. The following additional requirements shall be a�lied
to the testin�that is required every 5 vears:
1. The �iping between the Fire Department Connection (FDC) and the standpipe shall be
backflushed or inspected b��roved camera when foreign material is present or when
caps are missing, and also hydrostaticall_y tested for all FDC's on any t�e of stand�ipe
system. Hydrostatic testing shall also be conducted in accordance with NFPA 25
requirements for the different ty�es of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water su�lv
capable of flowin�water through the standpipe, the tester shall connect hose from a fire
hvdrant or�ortable pumping system (as a�proved bv thee are code o�'acia�to each FDC,
and flow water through the standpipe system to the roof outlet to verifv that each inlet
connection functions properly. Confirm that there are no open hose valves prior to
introducin�water into a dr,y standpipe. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed control valves on
the system.
3. Anv pressure relief, reducin�, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4. If the FDC is not alread�provided with a�roved caps, the contractor shall install such
caps for all FDC's as required b.��e�ire code o�ficial.
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Page 10 of 84
5. Upon successful com�letion of stand�ipe test, place a blue ta�as �er Texas
Administrative Code,Fire S�rinkler Rules for Inspection,Test and Maintenance Service
(ITM) Tag) at the bottom of each standpipe riser in the building. The ta� shall be check-
marked as "Fifth Year"for Type of ITM, and the note on the back of the ta g shall read"5
Year Standpipe Test" at a minimum.
6. The procedures required by TeXas Administrative Code Fire Sprinkler Rules with re a�rd
to Yellow Tags and Red Ta_s o�r anv deficiencies noted durin�the testin�,includin t�he
required notification of the local Authority Having Jurisdiction (fre code o�'ficia� shall
be followed.
7. Additionally, records of the testing shall be maintained by the owner and contractor, if
applicable, as rec�uired bv the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed eXternal to the building shall not be
conducted durin� freezin� conditions or durin� the dav nrior to expected ni�ht time
freezing conditions.
9. Contact the fre code o�fcial for rec�uests to remove existin� fire hose from Class II and
III standpipe systems where employees are not trained in the utilization of this firefi�g
equipment. All standpipe hose valves must remain in place and be provided with an
approved cap and chain when a�roval is given to remove hose b.��e are code o�ficial.
(Reason: Increases the reliability of the fire protection system and re-emphasizes the
requirements of� NFPA 25 relative to standpipe systems, as well as ensuring that FDC
connections are similav�ly tested/maintained to ensure operation in an emergency incident.)
**Section 903.1.1; change to aead as follows:
903.1.1 Alternative Protection. Alternative automatic fire-eXtinguishing systems complying
with Section 904 shall be permitted � e� in addition to automatic sprinkler protection
where recognized by the applicable standard�, or as approved by the fire code official.
(Reason: Such alternative systems do not provide the reliability of automatic sprinkler
protection. Most gaseous type systems are highly susceptible to open doors, ceiling or floor
tile removal, etc. However, an applicant could pursue an Alternate Method request to help
mitigate the reliability issues with these alternative systems with the fire code official if so
desired, or there may be circumstances in which the fire code official is acceptable to allowing
an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths.)
**Section 903.2; add paragaaph to read as follows and delete the exception:
Automatic Sprinklers shall not be installed in elevator machine rooms,elevator machine spaces,
and elevator hoistways, other than pits where such sprinklers would not necessitate shunt tri�
requirements under any circumstances. Storage shall not be allowed within the elevator
Ordinance 888
Page ll of 84
machine room. Si��e shall be �rovided at the entry doors to the elevator machine room
indicating"ELEVATOR MACHINERY—NO STORAGE ALLOWED."
(Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement
of the International Building Code Section 3005.5 for the purpose of elevator passenger and
firefighter safety. This amendment is contingent on the Building Code amendment eliminating
the Exceptions to Section 3005.4, such that passive fire barriers for these areas are maintained.
The exception deletion is due to the fact that such telecom areas pose an undue fire risk to the
st�uctural integrity of�the building.)
**Section 903.2.9; add Section 903.2.9.3 to read as f'ollows:
903.2.9.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities.
(Reason: Fire departments are unable to inspect these commercial occupancies and are
unaware of the contents being stored. Previous allowance to separate units by fire barriers is
difficult to enforce rnaintenance afteN opening.)
**Option B
Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as
follows:
903.2.11.3 Buildings � 35 feet or more in height. An automatic sprinkler system shall
be installed throughout buildings that have one or more stories�_��*'� �„ ^�^„r�„* '^�a ^�'2n
e�e�€, other than �enthouses in compliance with Section 1510 of the International
Buildin C�ode located � 35 feet (�H-�4 10 668 mm) or more above the lowest level of
fire department vehicle access, measured to the finished floor.
Exceptions:
�Open parking structures in compliance with Section 406.5 of the International
Buildin�Code, havin�no other occupancies above the subiect gara�e.
903.2.11.7 High-Piled Combustible Stora�e. For anv buildin� with a clear hei�ht
exceeding 12 feet(4572 mm), see Chapter 32 to determine if those provisions a�lv.
903.2.11.8 Spray Booths and Rooms. New and existin�sprav booths and spravin�rooms
shall be protected bv an a�roved automatic fire-extin_ iu��, s•vstem.
903.2.11.9 Buildings Over 6,000 sc�. ft. An automatic sprinkler system shall be installed
throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing
buildin�s that are enlar�ed to be 6,000 sq. ft. or �reater. For the purpose of this provision,
fire walls shall not define separate buildin�s.
Exception: Open parking_ a�rages in compliance with Section 406.5 of the International
Buildin C�ode.
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Page 12 of 84
(Reason: Provides jurisdictions options as to their desired level of sprinkler protection based
on multiple factors including firefighting philosophies/capabilities.)
**Section 903.3.1.1.1; change to read as follows:
903.3.1.1.1 Exempt Locations. When a�proved by thee are code o�'ficial, automatic sprinklers
shall not be required in the following rooms or areas where such...{text unchanged}... because
it is damp, of fire-resistance-rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life
or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature
of the contents, when approved by the fire code official.
3. Generator and transformer rooms, under the direct control of a public utilit� separated
from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies
having a fire-resistance rating of not less than 2 hours.
4.
r�s
5. �i�e�c�-�Ee�.rElevator machine rooms, � machinery spaces, and hoistways,
other than pits where such sprinklers would not necessitate shunt trip requirements
under any circumstances.
6. {Delete.}
(Reason: Gives clarification. Exception 4 deleted to provide protection where fire risks are
poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the elimination
of sprinklev�protection in these areas to avoid the shunt trip v�equirement.)
���Section 903.3.1.2.3; delete sections and aeplace as follows:
[F] Section 903.3.1.2.3 Attached Gara�es and Attics. Sprinkler protection is required in
attached garages, and in the followin ag ttic spaces:
1. [Remainder Unchanged]
2. [Remainder Unchanged]
3. Attic s�aces of buildin�s that are two or more stories in hei�ht above rg ade�lane or
above the lowest level of fire department vehicle access.
4. Group R-4, Condition 2 occupancy attics not required by Item 1 or 3 to have
sprinklers shall_comply with one of the following:
[Remainder Unchanged]
(Reason:Attic protection is required due to issues with fire exposure via soffit vents, as well as
firefighter safety. Several jurisdictions indicated experience with un protected attic fires
resulting in displacement of all building occupants. NFPA 13 provides for applicable attic
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Page 13 of 84
sprinkler protection requirements, as well as exemptions to such, based on noncombustible
construction, etc. Attached garages already require sprinklers via NFPA 13R—this amendment
just re-emphasizes the requirement.)
**Section 903.31.3; change to read as follows:
903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and
two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted
to be installed throughout in accordance with NFPA 13D or in accordance with state law.
(Reason: To allow the use of the Plumbing section of the International Residential Code (IRC)
and v�ecognize current state stipulations in this v�egard.)
**Section 903.3.1.4; add to read as follows:
[F] 903.3.1.4 Freeze protection.Freeze protection systems for automatic fire sprinkler systems
shall be in accordance with the requirements of the a�plicable referenced NFPA standard and
this section.
903.3.1.4.1 Attics. Onlv d . -r�pipe,preaction, or listed antifreeze automatic fire sprinkler
systems shall be allowed to protect attic spaces.
Exce�tion: Wet-pipe fire sprinkler systems shall be allowed to protect non-
ventilated attic spaces where:
1. The attic sprinklers are su�plied by a separate floor control valve
assembly to allow ease of draining the attic system without impairing
s�rinklers throughout the rest of the buildin ,�and
2. Adequate heat shall be provided for freeze protection as per the
a�plicable referenced NFPA standard, and
3. The attic space is a part of the building's thermal, or heat, envelope, such
that insulation is provided at the roof deck,rather than at the ceilin_ le�vel.
903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall onlv be allowed where
a�proved by the fire code official for small sections of large diameter water-filled pipe.
(Reason: In the last few years, severe winters brought to light several issues with current
practices for sprinklering attics, not the least of which was wet pipe sprinklers in ventilated
attics provided with space heaters, etc.for freeze protection of such piping. This practice is
not acceptable for the protection of water-filled piping in a ventilated attic space as it does not
provide a reliable means of maintaining the minimum 40 degrees required by NFPA, wastes
energy, and presents a potential ignition source to the attic space. Listed antifi^eeze is
specifically included because NFPA currently allows such even though there is no currently
listed antifi^eeze at the time of development of these amendments. The intent of this ainendinent
is to help reduce the large number of freeze breaks that have occurred in the past with water-
filled wet pipe sprinkler systems in the future, most specifically in attic spaces.)
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Page 14 of 84
**Section 903.3.5; add a second paragraph to read as follows:
Water su�plv as required for such systems shall be provided in conformance with the su�plv
requirements of the respective standards; however, every water-based fire protection s. s�
shall be desi�ned with a 10 psi safet_y factor. Reference Section 507.4 for additional desi�n
requirements.
(Reason: To define uniform safety factor for the region.)
**Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
s�rinkler system and shall cause an alarm upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
hose connection valves shall be electrically supervised to initiate a supervisory signal at the
central station upon tampering•
(Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.)
**Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a weatherproof horn/strobe
notification a�pliance with a minimum 75 candela strobe ratin�,installed as close as practicable
to the fire department connection.
(Reason: Fire depart�nent connections are not always located at the riser; this allows the fire
department faste�access.)
**Section 905.2; change to read as follows:
905.2 Installation Standard. Standpipe systems shall be installed in accordance with this
section and NFPA 14. Manual dry stand�ipe systems shall be su�ervised with a minimum of
10 psig and a maximum of 40 psi a��ir pressure with a high/low alarm.
(Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity
of�the standpipe system via supervision, such that open hose valves will result in a supervisory
low air alarm.)
***Section 905.3; add Section 905.3.9 and exception to read as follows:
905.3.9 Buildings Exceeding 10,000 sq. ft. In buildin�s exceedin� 10,000 square feet in area
per story and where any portion of the buildin�'s interior area is more than 200 feet (60960
mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle
access, Class I automatic wet or manual wet stand�ipes shall be provided.
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Exceptions•
1. Automatic dry, semi-automatic dry, and manual dry standpipes are allowed as
provided for in NFPA 14 where a�roved bv the fire code official.
2. R-2 occupancies of four stories or less in height having no interior corridors.
(Reason: Allows for the rapid deployment of hose lines to the body of the fire. Manual dry
option added this edition.)
**Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows:
1. In every required �e� eXit stairway, a hose connection shall be provided for each
story above and below grade plane. Hose connections shall be located at the main floor
landing between stories, unless otherwise approved by the fire code official.
2. {No change.}
3. In every exit passageway, at the entrance from the eXit passageway to other areas of a
building.
Exception: Where floor areas adjacent to an exit passageway are reachable from an;��
exit stairway hose connection by a {No change to rest.}
4. {No change.}
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-
percent slope), each standpipe shall be provided with a two-way�hose connection�
�located to serve the roof or at the highest landing of an�e�exit stairway with stair
access to the roof provided in accordance with Section 1011.12.
6. {No change.}
7. When required by this Chapter, standpipe connections shall be placed adjacent to all
required exits to the structure and at two hundred feet (200') intervals alon�ajor
corridors thereafter, or as otherwise approved by the fire code official.
(Reason: Item 1, 3, and S amendments to remove `interior' will help to clarify that such
connections are required for all `exit' stainvays, to ensure firefighter capabilities are not
diminished in these tall buildings, simply because the stair is on the exterior of the building.
Item 5 reduces the amount of pressure required to facilitate testing, and provides backup
protection for fire fighter safety. Item 7 allows for the rapid deployment of hose lines to the
body of the fire.)
**Section 905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
s�rinkler system and shall cause an alarm upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
Ordinance 888
Page 16 of 84
hose connection valves shall be electricallv su�ervised to initiate a supervisor_y signal at the
central station upon tampering_
(Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.)
**Section 907.1; add Section 907.1.4 to read as follows:
907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be
addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog
initiating devices.
(Reason: Provides for the ability of descriptive identification of alarms, and reduces need for
panel replacement in the future. Updated wording to match the language of the new
requirement at 907.5.2.3. Change of terminology allows for reference back to definitions of
NFPA 72.)
**Section 907.2.1; change to r�ead as follows:
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system
in accordance with Section 907.5 shall be installed in Group A occupancies •T���havin�
an occupant load a���*� *'�� �����'�,�,���„N�„���;� of 300 or more erp sons, or where the F�
�4 occupant load is more than 100 persons above or below the lowest level of exit discharge.
Group A occupancies not separated from one another in accordance with Section 707.3.10 of
the International Building Code shall be considered as a single occupancy for the purposes of
applying this section. Portions of Group E occupancies occupied for assembly purposes shall
be provided with a fire alarm system as required for the Group E occupancy.
Exception: {No change.}
Activation of fire alarm notification a�liances shall:
1. Cause illumination of the means of egress with li�ht of not less than 1 foot-candle (11
lux) at the walking surface level, and
2. Sto� any conflicting or confusing sounds and visual distractions.
(Reason:Increases the requirement to be consistent with Group B requirement. Also addresses
issue found in Group A occupancies of reduced lighting levels and other A/V equipment that
distracts from fire alarm notification devices or reduces ability of fire alarm system to notify
occupants of the emergency condition.)
**Section 907.2.3; change to �ead as follows:
907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system meeting the requirements of Section
907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E
educational occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system. An a�roved
Ordinance 888
Page 17 of 84
smoke detection system shall be installed in Grou� E dav care occupancies. Unless se�arated
by a minimum of 100' open space, all buildings, whether portable buildings or the main
buildin�, will be considered one buildin� for alarm occupant load consideration and
interconnection of alarm systems.
Exceptions:
L {No change.}
1.1.Residential In-Home day care with not more than 12 children may use
interconnected sin�le station detectors in all habitable rooms. (For care of more
than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change
to remainder of exceptions.}
(Reason: To distinguish educational from day care occupancy minimum protection
requirements. Further, to define threshold at which portable buildings are considered a
separate building for the purposes of alarm systems. Exceptions provide consistency with State
law concerning such occupancies.)
**Section 907.212, Exception 3; change to read as follows:
3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section
303.1 of the International Building Code; however, this exception does not a�lv to
accessory uses including but not limited to sky boxes, restaurants, and similarly enclosed
areas.
(Reason: To indicate that enclosed areas within open air seating type occupancies are not
exempted fi�om automatic fire alarm system requirements.)
**Section 907.4.2; add Section 907.4.2.7 to read as follows:
907.4.2.7 Type. Manual alarm initiating devices shall be an a�proved double action type.
(Reason: Helps to v�educe false alarms.)
*�Section 907.61; add Section 907.61.1 to read as follows:
907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that
a failure of any sin�le initiating device or sin_lg e open in an initiatin� circuit conductor will not
interfere with the normal operation of other such devices. All si ng aling line circuits (SLC) shall
be installed in such a way that a sin_le�o�en will not interfere with the operation of anX
addressable devices (Class A). Out o�ing and return SLC conductors shall be installed in
accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four
feet separation horizontal and one foot vertical between su�lv and return circuit
conductors. The initiating device circuit (IDC) from a si_na�l�ing line circuit interface device
may be wired Class B, provided the distance from the interface device to the initiating device
is ten feet or less.
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Page 18 of 84
(Reason: To provide uniformity in system specifications and guidance to design engineers.
Improves reliability of fiv�e alav�m devices and systems.)
**Section 907.6.3; delete all four Exceptions.
(Reason: To assist responding personnel in locating the emergency event for all fire alarm
systems.)
**Section 907.6.6; add sentence at end of paragraph to read as follows:
See 907.6.3 for the required information transmitted to the supervising station.
(Reason: To assist responding personnel in locating the emergency event for all fire alarm
systems.)
(Reason: Deleted Previous code amendment Section 909.22, For removal because it is already
in the code in Sections 909.20.5, 909.20.6, 909.20.6.1, 909.20.6.2, and 909.20.6.3.)
**Section 910.2; change Exception 2 and 3 to read as follows:
2. Only manual smoke and heat removal shall � be required in areas of buildings
equipped with early suppression fast-response(ESFR) sprinklers.Automatic smoke and
heat removal is prohibited.
3. Only manual smoke and heat removal shall � be required in areas of buildings
equipped with control mode special application sprinklers with a response time index
of 50(m*S)i�� or less that are listed to control a fire in stored commodities with 12 or
fewer sprinklers. Automatic smoke and heat removal is prohibited.
(Reason:Allows the fire department to control the smoke and heat during and after a fire event,
while still prohibiting such systems from being automatically activated, which is a potential
detriment to the particular sprinkler systems indicated.)
**Section 910.2; add subsections 910.2.3 with exceptions to aead as follows:
910.2.3 Grou� H. Buildin sg and portions thereof used as a Group H occupancy as follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000
sauare feet (1394 m�) in sin�le floor area.
Exce�tion: Buildin�s of noncombustible construction containin�only noncombustible
materials.
2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable or_an��ic peroxides, Class 3 and 4 unstable
�reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-
hazard commodity classification.
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Page 19 of 84
Exce�tion: Buildings of noncombustible construction containin o�nly noncombustible
materials.
(Reason: Maintains a fire protection device utilized in such occupancies where it is sometimes
necessary to allow chemicals to burn out, rather than extinguish.)
**Section 910.3;add section 910.3.4 to read as follows:
910.3.4 Vent O�eration. Smoke and heat vents shall be capable of bein�operated bv a�roved
automatic and manual means. Automatic operation of smoke and heat vents shall conform to
the�rovisions of Sections 910.3.2.1 through 910.3.2.3.
910.3.4.1 Sprinklered buildings. Where installed in buildin�s equi�ped with an a�proved
automatic sprinkler system, smoke and heat vents shall be designed to operate automaticall�
The automatic operatin�mechanism of the smoke and heat vents shall operate at a temperature
rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature
ratin� of the sprinklers installed.
Exce�tion: Manual only systems per Section 910.2.
910.3.4.2 Nonsprinklered Buildings. Where installed in buildin�s not equi�ped with an
a�proved automatic sprinkler system, smoke and heat vents shall operate automatically by
actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above
ambi ent.
Exce�tion: Listed �ravitv-operated drop out vents.
(Reason: Amendment continues to keep applicable wording from prior to the 2012 edition of
the IFC. Specifically, automatic activation criteria is no longer specifically required in the
published code. Specifying a temperature range at which smoke and heat vents should activate
in spv�inklered buildings helps to ensuv�e that the sprinkler system has an opportunity to activate
and control the fire prior to vent operation.)
**Section 910.4.3.1; change to read as follows:
910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet(1829 mm) of the
floor level. Operation of makeup air openings shall be � automatic. The minimum
gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2
per 0.4719 m3/s) of smoke eXhaust.
(Reason: Makeup air has been required to be automatic for several years now in this region
when mechanical smoke exhaust systems are proposed. This allows such systems to be
activated from the smoke control panel by first responders without having to physically go
around the exterior of the building opening doors manually. Such requires a significant
number of first responders on scene to conduct this operation and significantly delays
Ordinance 888
Page 20 of 84
activation and/or capability of the smoke exhaust system.)
**Section 912.2; add Section 912.2.3 to read as follows:
912.2.3 Hpdrant Distance. An approved fire hydrant shall be located within 100 feet of the
fire department connection as the fire hose la. s�g an unobstructed path.
(Reason: To accommodate limited hose lengths, improve response times where the FDC is
needed to achieve fire control, and improve ease of locating a fire hydrant in those situations
also. Also, consistent with NFPA 14 criteria.)
***Section 913.2.1; add Section 913.2.1.1 and exception to read as follows:
913.2.1.1 Fire Pump Room Access. When located on the �round level at an exterior wall, the
fire pump room shall be provided with an exterior fire department access door that is not less
than 3 ft. in width and 6 ft.—8 in.in hei ht�,regardless of any interior doors that are provided. A
key box shall be provided at this door, as required by IFC Section 506.1.
Exce�tion: When it is necessary to locate the fire pump room on other levels or not at an
eXterior wall, the corridor leading to the fire pump room access from the eXterior of the
building shall be provided with equivalent fire resistance as that required for the pum�
room, or as approved b.��e are code o�'ficial. Access keys shall be provided in the ke.��
as required by IFC Section 506.1.
(Reason: This requirement allows fire fighters safer access to the fire pump room. The
requirement allows access without being required to enter the building and locate the fire pump
room interior access door during a fire event. The exception recognizes that this will not always
be a feasible design scenario for some buildings, and as such, provides an acceptable
alternative to protect the pathway to the fire pump room.)
�*Section 1006.2.2.7; add Section 1006.2.2.7 as follows:
1006.2.2.7 Electrical Rooms. For electrical rooms, special exitin� requirements mav applv.
Reference the electrical code as ado�ted.
(Reason: Cross reference necessary for coordination with the NEC which has exiting
requirements as well.)
��Section 1009.8; add the following Exception 7:
1009.8 Two Wav Communication. A two-way communication system complying with
Sections 1009.8.1 and 1009.8.2 shall be provided at the landin sg erving each elevator required
to be accessible on each accessible floor that is one or more stories above or below the level of
exit dischar�e.
Ordinance 888
Page 21 of 84
Exceptions:
7. Buildin s�regulated under State Law and built in accordance with State registered plans,
including variances or waivers �ranted by the State, shall be deemed to be in compliance with
the requirements of Section 1009 and chapter 11.
(Reason: To accommodate buildings regulated under Texas State Law and to be consistent with
amendments in Chapter 11.)
**Section 1010.1.9.5 Bolt Locks; amend exceptions 3 and 4 as follows:
Exceptions:
3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or
S occupancy. (remainder unchanged)
4. Where a pair of doors serves a Group A B, F, M or S occupancy(remainder unchanged)
(Reason:Application to M occupancies reflects regional practice; No. 4 expanded to Group A
due to it being a similar scenario to other uses; No. 4 was regional practice.)
�
**Section 1020.1 Construction; add exception 6 to read as follows:
6. In�p B occupancies, corridor walls and ceilings need not be of fire-resistive construction
within a single tenant space when the space is equipped with a�roved automatic smoke-
detection within the corridor. The actuation of any detector must activate self-annunciatin�
alarms audible in all areas within the corridor. Smoke detectors must be connected to an
approved automatic fire alarm system where such system is�rovided.
(Reason: Regionally accepted alternate method.)
�
**Section 1029.1.1.1 Spaces under grandstands and bleachers; delete this section.
(Reason: Unenforceable.)
**Section 1101.1 Scope; add exception to Section 1101.1 as follows:
Exce�tion: Components of projects re�ulated bv and registered with Architectural Barriers
Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance
with the requirements of this chapter.
(Reason: To accommodate buildings regulated under state law. Further clarified in 2015 to
mean components that are specifically addressed by TDLR shall be exempt.)
**Section 2901.1; add a sentence to read as follows:
[P] 2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work
in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should
Ordinance 888
Page 22 of 84
any conflicts arise between the two cha�ters, the Building Official shall determine which
provision a�plies.
(Reason: Gives building official discretion.)
**Section 2902.1; add a second paragaaph to read as follows:
In other than E Occupancies,the minimum number of fiXtures in Table 2902.1 may be lowered,
if requested in writing,b. t��plicant statin�reasons for a reduced number and a�proved bX
the Buildin� Official.
(Reason: To allow flexibility for designer to consider specific occupancy needs.)
**Table 2902.1; add footnote g to read as follows:
� Drinking fountains are not required in M Occupancies with an occupant load of 100 or less,
B Occu�ancies with an occu�ant load of 25 or less, and for dining and/or drinking
establishments.
(Reason: Adjustment meets the needs of specific occupancy types.)
**Add new Section 2902.1.4 to read as follows:
2902.1.4 Additional fixtures for food preparation facilities. In addition to the fiXtures
required in this Chapter, all food service facilities shall be provided with additional fixtures set
out in this section.
2902.1.4.1 Hand washing lavatory. At least one hand washing lavatory shall be provided for
use by employees that is accessible from food preparation, food dispensing and ware washing
areas. Additional hand washing lavatories may be required based on convenience of use by
employees.
2902.1.4.2 Service sink.In new or remodeled food service establishments, at least one service
sink or one floor sink shall be provided so that it is conveniently located for the cleaning of
mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid
waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the
<Jurisdiction's>health department.
(Reason: Coordinates Health law requirements with code language for consistent regional
practice.)
***Section 3001.2 Emergency Elevator Communication Systems for the deaf, hard of
hearing and speech impaired; delete this section.
Ordinance 888
Page 23 of 84
(Reason: Per Elevator manufacturers input, they were not consulted prior to code approval
and technology of elevator provisions as submitted are not currently available to provide this
feature.)
***Section 3002.1 Hoistway Enclosure Protection required. Add exceptions to Section
3002.1 as follows:
Exceptions:
4. Elevators completely located within atriums shall not require hoistway enclosure
protection.
5. Elevators in open or enclosed parkin��arages that serve onl.��parking_ a�ra e,g shall
not require hoistway enclosure protection.
(Reason: Provides specific Code recognition that elevators within atriums and within parking
garages do not require hoistway enclosure protection. Amendment needed since specific Code
language does not currently exist.)
� � — 1 � �
**Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces;
delete text as follows:
, ,
,;�,, co,.�;,,,, �, , ,.�.,.�,,
, •
Revise text to read:
Elevator machine rooms, control rooms, control spaces and machinery spaces shall be enclosed
with fire barriers constructed in accordance with Section 707 or horizontal assemblies
constructed in accordance with Section 711, or both.
(Remainder unchanged)
(Reason: This amendment eliminates code language to be consistent with the regional goal to
require passive enclosures of these areas unless a hoistway enclosure is not required by other
Code provisions. See companion change to eliminate fire sprinklers thereby eliminating shunt
trip.)
***Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces;
Delete exceptions and add two new exceptions to Section 3005.4 as follows:
Ordinance 888
Page 24 of 84
Exceptions:
1. Elevator machine rooms, control rooms, machiner�paces and control spaces
com�letely located within atriums shall not require enclosure protection.
2. Elevator machine rooms, control rooms,machinery spaces and control spaces in open
or enclosed �arkin��ara�es that serve only the parkin���arage, shall not rec�uire
enclosure protection.
(Reason: This amendment eliminates the Exceptions to Section 3005.4 such that passive
enclosures for these areas are to be provided and maintained. The fire rating of these
enclosures is permitted to be omitted by the above added exceptions where allowed by other
provisions of the code such as in atriums and parking structures. See companion change to
eliminate fire sprinklers to eliminate the need for shunt trip system.)
**Section 3005.7 add a Section 3005.7 as follows:
3005.7 Fire Protection in Machine rooms, control rooms, machinery spaces and control
spaces•
3005.7.1 Automatic s�rinkler system. The buildin� shall be equi�ed throu�hout with an
automatic sprinkler system in accordance with Section 903.3.1.1, except as otherwise permitted
bv Section 903.3.1.1.1 and as prohibited bv Section 3005.7.2.1.
3005.7.2.1 Prohibited locations.Automatic sprinklers shall not be installed in machine rooms,
elevator machinery spaces, control rooms, control spaces and elevator hoistways.
3005.7.2.2 Sprinkler system monitoring. The sprinkler system shall have a sprinkler control
valve supervisory switch and water-flow initiating device provided for each floor that is
monitored by the building's fire alarm system.
3005.7.3 Water protection. An a�proved method to prevent water from infiltrating into the
hoistway enclosure from the operation of the automatic sprinkler system outside the elevator
lobby shall be�rovided.
3005.7.4 Shunt tri�. Means for elevator shutdown in accordance with Section 3005.5 shall not
be installed.
(Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement
of the International Building Code Section 3005.5 for the purpose of elevator passenger and
firefighter safety. The new section above is intended to be identical to Sections 3007.2, 3007.3,
and 3007.4 for Fire Service Access Elevators and Sections 3008.2, 3008.3 and 3008.4 for
Occupant Evacuation Elevators.)
**Section 3005.8; add Section 3005.8 as follows:
Ordinance 888
Page 25 of 84
3005.8 Storage. Stora�e shall not be allowed within the elevator machine room, control room,
machiner�paces and or control spaces. Provide a�proved signage at each entry to the above
listed locations statin�: "No Storage Allowed.
(Reason:Reinforces the need to maintain space clean and free of combustibles. See companion
change to eliminate fire sprinklers therein, to always require an enclosure - with IBC 3005.4
exceptions deleted- resulting in the limited need for a shunt trip system.)
Option B
Section 3006.2, Hoistway opening protection required; Revise text as follows:
5. The building is a high rise and the elevator hoistway is more than 55
feet(16 764 mm�in height. The height of the hoistway shall be measured from the lowest floor
at or above rg ade to the highest floors served by the hoistway."
(Reason: 2018 IBC text does not address hoistways that are greater than 75'-0" in height that
are both below grade and above grade but not located above the high rise classification nor
does the IBC address hoistways wholly located above grade such as those that serve sky
lobbies".)
Se�tion 18-36 Amendments to the 2018 International Residential Code.
The following sections, paragraphs, and sentences of the 2018 International Residential Code
are hereby amended as follows: Standard type is text from the IRC. Underlined ty�e is text
inserted. r ;r�a *'�r^„R'� *�,r� ;� a�'�*�a *��* �^m T"�'. A double asterisk (**) at the beginning
of a section identifies an amendment carried over from the 2015 edition of the code and a triple
asterisk(***) identifies a new or revised amendment with the 2018 code.
The energy provisions in IRC Chapter 11 is deleted in its entirety.
Reference the 2018 IECC for energy code provisions and recommended amendments.
*�Section R102.4; change to read as follows:
R102.4 Referenced codes and standards. The codes, when specifically adopted, and
standards referenced in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference and as further regulated in Sections R102.4.1 and
R102.4.2. Whenever amendments have been ado�ted to the referenced codes and standards,
each reference to said code and standard shall be considered to reference the amendments as
well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code
as adopted.
Ordinance 888
Page 26 of 84
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with
refev�enced codes.)
**Section R103 and R103.1 amend to insert the Department Name
TOWN OF WESTLAKE BUILDING INSPECTION DEPARTMENT
R103.1 Creation of enforcement agency. The Town of Westlake Buildin�Inspection
Department is hereby created and the official in charge thereof shall be known as the Building
Official.
(Reason: Remindev�to be sure ordinance v�eads the same as designated by the city.)
**Section R10410.1 Flood Hazard areas; delete this section.
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section R105.3.1.1& R106.1.4; delete these sections.
(Reason: Floodplain provisions are addressed locally.)
**Section R110 (R110.1 through R110.5); delete the section.
(Reason: Issuing CO's for residences is not a common practice in the area.)
**Section R202; change definition of"Townhouse"to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more
attached units separated b�propert.� in which each unit extends from foundation to roof
and with a yav�d or public way on at least two sides.
(Reason: To distinguish Townhouses on separate lots.)
***Table R301.2 (1);fill in as follows:
cRouNn a = �'
SUBJECT TO
WIND DESIGN W F � Z
SNOW DAMAGE FROM � z L '�
Lonn F �? � aww o °a Ww Q � �
z � ¢� a � oa o wz
�x ° � � aF `° � y wa w � � zF
�.� � o o N SEISMIC Frost a � � x � �
SPEEDd r,n�„ A 'r,n -�o DESIGN weathering Line Q
(MPH) �W �r� �� CATEGORYr a Depth�' Termite`
ar 3 �
115 A
5 lb/ft (3 sec-
gust)/76 Very 22°F No Local 150 64.9°F
fastest No No No Moderate 6" Heavy Code
mile
Delete remainder of table Manual JDesign Criteria and footnote N
Ordinance 888
Page 27 of 84
(Reason: To promote regional uniformity. Manual J is utilized by third party and not part of
perfov�med plan reviews. This is v�eference table only, not needed.)
**Section R3021; add exception #6 to read as follows:
Exceptions: {previous eXceptions unchanged}
6. Open non-combustible carport structures may be constructed when also a�roved
within adopted ordinances.
(Reason: Refers to other ordinances, such as zoning ordinances.)
**Section R302.3; add Exception #3 to �ead as follows:
Exceptions:
1. {existing text unchanged}
2. {existing text unchanged}
3. Two-famil,y dwellin� units that are also divided b�propertv line throu_h�the
structure shall be separated as required for townhouses.
(Reason: Pv�ovide guidance fov� a common constNuction method in this area. Correlates with
amendment to IRC Section R202 Townhouse definition.)
�*Section R302.5.1; change to read as follows:
R302.5.1 Opening protection. Openings from a private garage directly into a room used for
sleeping purposes shall not be permitted. Other openings between the garage and residence shall
be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or
honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated
doors. .
(Reason: Absence of data linking self-closing devices to increased safety. Self-closing devices
often fail to close the door entirely.)
**Section R303.3, Exception; amend to read as follows:
Exception: {existing text unchanged} Spaces containin_g only a water closet or water closet
and a lavatory may be ventilated with an a�roved mechanical recirculating fan or similar
device desi�ned to remove odors from the air.
(Reason: Consistent with common local practice as recirculating fans are recognized as
acceptable aiv�movement.)
Ordinance 888
Page 28 of 84
**Section R313.2 One and Two Family Dwellings;Delete this section and subsection in their
entirety.
(Reason: In 2009, the State Legislature enacted SB 1410, amending section 1301.551
subsection I of the occupation code, prohibiting cities from enacting fire sprinkler mandates
one or two family dwellings only. However, jurisdictions with ordinances that required
sprinklers for one or two family dwellings prior to and enforced before January 1, 2009, may
remain in place.)
���Section R315.2.2 Alterations, repairs and additions; amend to read as follows:
Exception:
1. [existing text remains]
2. Installation, alteration or repairs of all electrically powered mechanical systems or
plumbing a�pliances.
(Reason: Revised exception for clarity. Code intent is to protect against the products of
co�nbustion.)
*�Section R322 Flood Resistant Construction; deleted section.
(Reason: Floodplain hazard ordinances may be administered by other departments within the
city.)
**Section R401.2; amended by adding a new paragraph following the existing paragraph
to read as follows.
Section R401.2. Requirements. {existing text unchanged} ...
Every foundation and/or footing, or any size addition to an eXisting post-tension foundation,
regulated by this code shall be designed and sealed by a Texas-registered engineer.
(Amendment to 201 S IRC carNied forwaNd to 2018 IRC.)
**Section R602.6.1; amend the following:
R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly
in an eXterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of
the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054
inch thick(1.37 mm)(16 Ga)and � '�;^^'��� «Q'mm 5 inches(127 mm�wide shall be fastened
across and to the plate at each side of the opening with not less than eight lOd (0.148 inch
diameter)having a minimum length of 1 '/z inches(3 8 mm)at each side or equivalent. Fasteners
will be offset to prevent splitting of the to�plate material. The metal tie must extend a minimum
of 6 inches past the opening. See figure R602.6.L {remainder unchanged}
(Amendment to 2015 IRC carried fonvard to 2018 IRC.)
Ordinance 888
Page 29 of 84
*�Figure R602.6.1; delete the fzgure and insert the following figure:
EXJERlOR OR HFARfNG WALL--�
Y ��
Y
/
�j
/
NOTCH GRPATPR FHAN 50
PERCENTOFiNEPlA7EWfDiH .
/ ��i6GAGE(.054 fN.)ANO S IH.WIOE
/ METAL TIE FASTENEO ACROSS ANO
. TO iHE PCATF A T EACH SIOEOF TNE
/ �. NOTGXW?N8-fOtl1JA1L5EAGN510E
/ /
�F�
�' 'r
r'
rov Pu res �
�
—PIPE
(Amendment to 2015 IRC carried forward to 2018 IRC also provides additional assurance of
maintaining the integrity of the framing by spreading the nailing pattev�n.)
***Add section R703.8.4.1.2 Veneer Ties for Wall Studs; to read as follows:
R703.8.4.1.2 Veneer Ties for Wall Studs. In stud framed exterior walls, all ties mav be
anchored to studs as follows:
1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further a�art than 24
in (737 mm) vertically starting a�roximately 12 in (381 mm) from the foundation; or
2. When studs are 24 in (610 mm�o.c., stud ties shall be spaced no further apart than 16
in (483 mm, vertically starting a�proximately 8 in (254 mm) from the foundation.
(This amendment had been a carry over amendment for years to provide clear instruction for
placement of brick ties. It is now retained with changes to reflect its correct placeinent and use
for clarity when attachment to framing lumber (studs). It should remain for those purposes. It
is in addition to the new new Table in 2018 which provides for brick ties directly to sheathing.)
*�Section R902.1; amend and add exception #5 to aead as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in
Sections R904 and R905. Class A, B, or C roofing shall be installed �r �����r�*�a '��� ,��T, ��
. {remainder
unchanged}
Ordinance 888
Page 30 of 84
Exceptions:
L {text unchanged}
2. {text unchanged}
3. {text unchanged}
4. {text unchanged}
5. Non-classified roof coverin�s shall be �ermitted on one-story detached accesso�
structures used as tool and storage sheds,playhouses and similar uses,provided the
floor area does not exceed (area defined b�jurisdiction�
(Reason: to address accessory structures Group U exempt fi�om permits per Section R105.2)
*** Chapter ll [RE] — Energy Efficiency is deleted in its entirety; Reference the 2018
IECC for energy code provisions and recommended amendments.
(Reason: The recommended energy code changes fi^om the Energy and Green Advisory Board
update the amendments for Chapter 11. The 2018 International Energy Conservation Code
should be referenced for residential energy provisions. This approach simply minimizes the
number of�amendments to the IRC.)
***Section M13051.2; change to read as f'ollows:
M1305.1.2 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow
removal of the largest appliance. As a minimum, for access to the attic space, provide one o�
theeFollowin�
1. A�ermanent stair.
2. A pull down stair with a minimum 300 lb (136 kg) capacit�
3. An access door from an u�er floor level.
Exceptions:
L The passageway and level service space are not required where the appliance
can be serviced and removed through the required opening.
2. Where the passageway is unobstructed...{remaining text unchanged}
(Reason: To provide a safe means of accessibility to appliances in attics and to allow for
different types of construction limitations. Consistent with regional amendment to IFGC and
IMC 306.3.)
*�Section M1411.3; change to read as follows:
M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be
conveyed from the drain pan outlet to �� ������ ��'�'��� ��a������' a sanitary sewer through a
tra�,bv means of a direct or indirect drain. {remaining text unchanged}
Ordinance 888
Page 31 of 84
(Reason: Reflects regional practice and to reduce excessive runoff�into storm drains.)
**Section M1411.3.1, Items 3 and 4; add text to �ead as follows:
M1411.3.1 Auxiliary and secondary drain systems. {bulk of paragraph unchanged}
L {text unchanged}
2. {text unchanged}
3. An auxiliary drain pan... {bulk of text unchanged}... with Item 1 of this section. A water
level detection device may be installed only with prior a�roval of the building official.
4. A water level detection device... {bulk of text unchanged}... overflow rim of such pan.
A water level detection device may be installed only with prior a�proval of the building
o acial.
(Reason: Reflects standard practice in this aNea.)
**Section M1411.311; add text to Nead as f'ollows:
M1411.3.1.1 Water-level monitoring devices. On down-flow units ...{bulk of text
unchanged}... installed in the drain line. A water level detection device may be installed only
with�rior a�roval of the buildin�offcial.
(Reason: Reflects standard practice in this aNea.)
***MI503.6 Makeup Ai�Required; amend and add exception as follows:
M1503.6 Makeup air required. Where one or more gas, liquid or solid fuel-burning appliance
that is neither direct-vent nor uses a mechanical draft venting system is located within a
dwelling unit's air barrier, each eXhaust system capable of exhausting in eXcess of 400 cubic
feet per minute (0.19 m3/s) shall be mechanically or passively provided with makeup air at a
rate approXimate� ec� to the difference between eXhaust air rate and 400 cubic feet per
minute. Such makeup air systems shall be equipped with not fewer than one damper complying
with Section M1503.6.2.
Exception: Makeup air is not required for exhaust systems installed for the exclusive purpose
of space cooling and intended to be operated only when windows or other air inlets are open,
Where all a�liances in the house are of sealed combustion,power-vent, unvented, or electric,
the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28
m3/s)without providing makeup air. EXhaust hood systems capable of exhausting in excess of
600 cubic feet �er minute (0.28 m3/s) shall be provided with a makeu� air at a rate
a�proximately to the difference between the eXhaust air rate and 600 cubic feet per minute.
(Reason: Exception requires makeup air equaling the amount above and beyond 400 cfm for
larger fan which will address concerns related to `fresh" air from the outdoors in hot humid
Ordinance 888
Page 32 of 84
climates creating a burden on HVAC equipment and negative efficiency impacts from back-
drafting and wasted energy.)
**Section M2005.2; change to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used
as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a
sealed enclosure so that combustion air will not be taken from the living space. Access to such
enclosure may be from the bedroom or bathroom when throu�h a solid door, weather-stri�ed
in accardance with the exterior door air leakage requirements of the International Ener�
Conservation Code and equi�ed with an a�roved self-closin� device. Installation of direct-
vent water heaters within an enclosure is not required.
(Reason: Corresponds with the provisions of IFGC Section 303.3, exception #5.)
**Section G2408.3 (305.5)Paivate Gaaages; delete this section in its entirety.
(Reason: This provision does not reflect standav�d practice in this area.)
*�Section G2415.2.1 (404.2.1) CSST; add a second paragraph to read as follows:
Both ends of each section of inedium pressure �as piping shall identify its operating,�as
pressure with an a�roved ta�. The ta�s are to be com�osed of aluminum or stainless steel and
the following wording shall be stamped into the tag_
"WARNING: 1/2 to 5 �si a�s pressure - Do Not Remove"
(Reason: To protect homeowners and plumbers.)
***Section G241512 (40412) and G2415121 (404121); change to read as follows:
G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a
minimum depth of ''' �„�'��� ��nc mm' 18 inches (457 mm� below grade, ����r* �� rr^��;a�a
�,.;,, co,.�;,.,, r�n,c ,� ,
G2415.121 (404.12.1) Individual Outdoor Appliances; Delete in its entirety
(Reason: To provide increased protection to piping systems.)
**Section G2417.1 (4061); change to read as follows:
G24171 (406.1) General. Prior to acceptance and initial operation, all piping installations
shall be inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code. The�ermit holder shall make
the a�licable tests �rescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance
Ordinance 888
Page 33 of 84
with the�rovisions of this code. The permit holder shall �ive reasonable advance notice to the
buildin�official when the piping system is ready for testing. The equi�ment, material, �ower
and labor necessary for the inspections and test shall be furnished b.���ermit holder and the
permit holder shall be responsible for determining that the wark will withstand the test pressure
prescribed in the followin_ te�sts.
(Reason: To utilize language used in the IPC regarding who is responsible for testing
procedures.)
��Section G2417.4; change to aead as follows:
G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a
monometer or with a pressure-measuring device designed and calibrated to read, record, or
indicate a pressure loss caused by leakage during the pressure test period. The source of
pressure shall be isolated before the pressure tests are made. "'���'������' �� ���a *�
�t,,,,, f;.,o �;,,.,o� �t,o�o��r
(Reason: To require the use of more accurate diaphragm gauges. Spring gauges do not
provide accurate measurement below appv�oximately 17 psig.)
**Section G2417.41; change to read as follows:
G2417.41 (406.4.1) Test pressure. The test pressure to be used shall be no less than 3 psig
(20 kPa gauge), or at the discretion of the Code Official, the�ipin�and valves mav be tested at
a pressure of at least siX (6) inches (152 mm) of inercury, measured with a manometer or slope
ag ug_e� •
,
t���e�ce��-a�t�e��c��a � ��e'����g'� ^� *'�� N �. For tests requirin�
pressure of 3 psig, diaphra�m gauges shall utilize a dial with a minimum diameter of three and
one half inches (3 '/z"), a set hand, 1/10�ound incrementation and�ressure ran�e not to exceed
6 psi far tests rec�uiring a pressure of 3 psig. For tests requirin�a pressure of 10 psi ,�dia�hra�m
gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 '/z"), a set
hand, a minimum of 2/10 pound incrementation and a pressure range not to eXceed 20�si. Far
welded�iping, and for pipin� carry� ag s at pressures in excess of fourteen (14) inches water
column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column�ressure (52.2
kPa�(7�5�si),the test�ressure shall not be less than ten(l0�ounds�er square inch(69.6 kPa�
For pipin c�arryin��as at a pressure that eXceeds 200 inches of water column (52.2 kPa) (7.5
psi), the test pressure shall be not less than one and one-half times the proposed maximum
working_pressure.
Diaphra�m �auges used for testing must display a current calibration and be in good working
condition. The a�ropriate test must be a�lied to the dia�hragm a�u�e used for testing
(Reason: To provide for lesser pressures to coordinate with the use of more accurate diaphragm
gauges.)
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*�Section G2417.4.2; change to read as follows:
G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time
satisfactory to the Buildin� O�ficial,but in no case for�e�less than�fifteen (15) minutes.
For welded piping, and for pipin� carr���as at pressures in excess of fourteen (14) inches
water column pressure(3.48 kPa),the test duration shall be held for a len�th of time satisfactorX
to the Buildin�O�f cial,but in no case for less than thirty(30) minutes.
(Reason: To co�nply with accepted v�egional practices.)
**Section G2420.1 (4061); add Section G2420.1.4 to aead as follows:
G2420.1.4 Valves in CSST installations. Shutoff valves installed with corru�ated stainless
steel (CSST�pipin�systems shall be su�ported with an a�proved termination fitting, or
�uivalent su�port, suitable for the size of the valves, of adequate strength and quality, and
located at intervals so as to prevent or damp out excessive vibration but in no case greater than
12-inches from the center of the valve. Su�orts shall be installed so as not to interfere with
the free expansion and contraction of the system's�ipin�, fittings, and valves between anchors.
All valves and supports shall be designed and installed so they will not be disen a�g� ed by
movement of the su�porting pipin�
(Reason: To provide proper security to CSST valves. These standards were established in this
region in 1999 when CSST was an emerging technolo�ry.)
**Section G2420.5.1 (409.5.1); add text to aead as follows:
G2420.51 (409.5.1) Located within the same room. The shutoff valve...{bulk of paragraph
unchanged}... in accordance with the appliance manufacturer's instructions. A secondary
shutoff valve must be installed within 3 feet (914 mm) of the fireboX if a�liance shutoff is
located in the firebox.
(Reason: Reflects Negional practice and provides an additional measure of�safety.)
**Section G24211 (4101); add text and Exception to read as follows:
G24211 (410.1)Pressure regulators.A line pressure regulator shall be ... {bulk of paragraph
unchanged}... approved for outdoor installation. Access to re�ulators shall complv with the
requirements for access to a�pliances as specified in Section M1305.
Exce�tion: A passa�ewav or level service space is not required when the re�ulator is
capable of bein� serviced and removed throu�h the required attic opening_
(Reason: To require adequate access to regulators.)
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**Section G2422.1.2.3 (411.1.3.3)Prohibited locations and penetrations; delete Exception 1
and Exception 4.
(Reason: To comply with accepted regional practices.)
**Section G2445.2 (621.2); add Exception to read as follows:
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the
sole source of comfort heating in a dwelling unit.
Exce�tion: Existin�a�roved unvented room heaters may continue to be used in dwellin�
units, in accordance with the code provisions in effect when installed, when a�proved by
the Buildin�O�f'icial unless an unsafe condition is determined to exist as described in
International Fuel Gas Code Section 108.7 of the Fuel Gas Code.
(Reason: Gives code official discretion.)
**Section G2448.1.1 (624.LI); change to read as follows:
G2448.11 (624.1.1) Installation requirements. The requirements for water heaters relative
to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this
code.
(Reason: To clarify installation requirements. Also corresponds with amendments regarding
water heater access.)
***Section P2603; add to read as follows:
P2603.3 Protection against corrosion. Metallic piping, except for cast iron, ductile iron and
galvanized steel, shall not be placed in direct contact with steel framing members, concrete or
cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact
with corrosive soil. Where sheathing is used to prevent direct contact, the sheathing shall have
a thickness of not less than 0.008 inch (8 mil) (0.203 mm) and the sheathing shall be made of
approved material�s. Where sheathing protects piping that penetrates concrete or masonry
walls or floors, the sheathing shall be installed in a manner that allows movement of the piping
within the sheathing.
(Reason: Allows for other�naterials to be accepted.)
***Section P2603.5.1 Sewer Depth; change to read as follows:
P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall
be a minimum of [number] inches (mm) below finished grade at the point of septic tank
connection. Building sewers shall be a minimum of 12 inches (304 mm)below grade.
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(Reason: Provides sewer depth that is common in this region. Deleted reference to private
sewage disposal because a private sewage disposal code is not typically adopted in this region.)
*��Section P2604; add to read as follows:
P2604.2.1 Plastic sewer and DWV piping installation. Plastic sewer and DWV piping
installed underground shall be installed in accordance with the manufacturer's installation
instructions. Trench width shall be controlled to not exceed the outside the pipe diameter plus
16 inches or in a trench which has a controlled width ec�ual to the nominal diameter of the pipm�
multiplied by 1.25 �lus 12 inches. The pipin� shall be bedded in 4 inches of�ranular fill and
then backfilled compactin� the side fill in 6-inch layers on each side of the piping. The
compaction shall be to minimum of 85 �ercent standard �roctor density and extend to a
minimum of 6 inches above the top of the pipe.
(Reason: To follow manufacturer bac�ll requirements and to be clear to Inspectors out in the
field.)
���Section P2801; change to read as follows:
P2801.6 Required pan.
Where a storage tank-type water heater or a hot water storage tank is installed in a location
where water leakage from the tank will cause damage, the tank shall be installed in a pan
constructed of one of the following:
1. Galvanized steel or aluminum of not less than 0.0236 inch (0.6010 mm) in thickness.
2. Plastic not less than 0.036 inch (0.9 mm) in thickness.
3. Other approved materials.
x'tEE6�c'H�C��+�' A C Tl�iT �Q� .,,-T TT '7'��
(Reason: Plastic burns degrading material over time on gas fired water heaters and to
maintaining protection level.)
**Section P2801.6.1; change to read as follows:
Section P2801.6.1 Pan size and drain. The pan shall be not less than 11/2 inches (38 mm) in
depth and shall be of sufficient size and shape to receive all dripping or condensate from the
tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of
not less than 3/4 inch(19 mm). Piping for safety pan drains shall be of those materials listed in
Table P2906.5.
Multi�le pan drains mav terminate to a single dischar�pipin�ystem when a�proved bv the
administrative authority and permitted by the manufactures installation instructions and
installed with those instructions. {existing text unchanged}
(Reason: Regionally accepted practice.)
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**�Section P2804.6.1; change to read as follows:
Section P2804.61 Requir�ements for discharge piping. The discharge piping serving a pressure
relief valve, temperature relief valve or combination thereof shall:
1. Not be directly connected to the drainage system.
2. Discharge through an air gap '���*�a �„ *'�� � � *'�� � ,�*�r'���*�r
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge
full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief
device or equipment.
Exception: Multiple relief devices mav be installed to a sin�le T &P discharge pipm�
system when approved by the administrative authority and permitted by the
manufactures installation instructions and installed with those instructions.
5. Discharge to t�e�ee��e *���t�e����«-e��er-ug��e-a���
�e�an approved location or to the outdoors.
[remainder unchanged]
(Reason: To ensure the T&P is ran to the exterioN.)
**Section P2902.5.3; change to read as follows:
P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall
be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum
breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve
shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are
introduced into the system, the potable water supply shall be protected against backflow by a
reduced pressure principle backflow preventer.
(Reason: To provide clarity.)
***Section P3003.9; change to read as follows:
P3003.9.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple
primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and
conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to
all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance
with ASTM D 2855. Solvent cement joints shall be permitted above or below ground.
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�.,,.or�;,.,,. n r „�,. ,.o,a ..,t,o,.o t.,.�t, „��t,o �ii,..:,;,,n ,. ,,,a;�;,.,,� ., ri.,.
� rrt,o �,.i.,o„� ,. „� , o,a ;� �t,;,.a r,,,.�., ,.o,.�;f;o,a „ „�,..�,;,,,. �,. n crr��r r�
�4
� �'k�-se�e���e�e��;�e�-e�€,. n n��r a,. „����€�*�
�i m,,.,,,.,� ;,, ,a;,,,�,o�o,-
(Reason: to keep the "process of joining PVC pipe".)
**Section P3111 Combination waste and vent systems; delete this section in its entirety.
(Reason: A combination waste and vent system is not approved for use in residential
constr�uction.)
**Section P3112.2 Vent Collection; delete and replace with the following:
P3112.2 Installation. Traps for island sinks and similar equipment shall be rou�hed in above
the floor and mav be vented b_y extending the vent as hi_h�as �ossible, but not less than the
drainboard height and then returning it downward and connecting it to the horizontal sink drain
immediately downstream from the vertical fixture drain. The return vent shall be connected to
the harizontal drain through a wye-branch fitting and shall, in addition,be provided with a foot
vent taken off the vertical fixture vent bv means of a wye-branch immediately below the floor
and eXtending to the nearest partition and then through the roof to the open air or may be
connected to other vents at a�oint not less than six (6) inches (152 mm) above the flood level
rim of the fiXtures served. Draina eg fittings shall be used on all parts of the vent below the
floor level and a minimum slope of one-quarter (1/4, inch per foot (20.9 mm/m) back to the
drain shall be maintained. The return bend used under the drain-board shall be a one (1) piece
fittin�or an assemblv of a fort. -f�(45) de_rg ee(0.79 radius), a ninetv(90) de_r�1.6 radius�
and a forty-five (45) de rg ee (0.79 radius) elbow in the order named. Pipe sizing shall be as
elsewhere required in this Code. The island sink drain,u�stream of the return vent, shall serve
no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot
vent.
(Reason: To clarify the installation of island venting and to provide a regional guideline on a
standard installation method for this region.)
Section 18-37 Amendments to the 2018 International Mechanical Code.
The following sections, paragraphs, and sentences of the 2018 International Mechanical Code
(IMC) are hereby amended as follows: Standard type is text from the IMC. Underlined ty�e is
teXt inserted. r ; �a *'�r^„�'� *��r� ;� a�'�*�a *��* �^m +'�� T"��' A double asterisk (**) at the
beginning of a section identifies an amendment carried over from the 2015 edition of the code
and a triple asterisk (***) identifies a new or revised amendment of the 2018 edition of the
code.
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***Section 102.8; change to read as follows:
102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be
those that are listed in Chapter 15 and such codes, when specifically adopted, and standards
shall be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. Whenever amendments have been adopted to
the referenced codes and standards,each reference to said code and standard shall be considered
to reference the adopted amendments. Any reference to NFPA 70 shall mean the Electrical
Code as adopted.
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with
referenced codes.)
***Section 306.3; change to read as follows:
306.3 Appliances in Attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow
removal of the largest appliance. As a minimum, for access to the attic space, provide one of
the followin�:
4. A�ermanent stair.
5. A pull-down stair with a minimum 3001b. (136 kg) capacit�
6. An access door from an u�er floor level.
7. Access Panel may be used in lieu of items 1, 2, and 3 with prior a�roval of the code
official due to buildin� conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is
capable of being serviced and removed... {remainder of section unchanged}
(Reason: To provide a safe means of accessibility to appliances in attics and to allow for
different types of� construction limitations. Consistent with regional amendment to
Intev�national Fuel and gas Code (IFGC) 306.3.)
***Section 306.5; change to read as follows:
3065 Equipment and Appliances on Roofs or Elevated Structures. Where equipment
requiring access or appliances are located on an elevated structure or the roof of a building such
that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an
interior or exterior means of access shall be provided. Exterior ladders providin� roof access
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need not extend closer than 12 feet(2438 mm)to the finish�rade or floor level below and shall
eXtend to the equipment and a�liances' level service space. Such access shall . . . {bulk of
section to read the same} . . . on roofs having a slope greater than four units vertical in 12 units
horizontal (33-percent slope). ... {remainder of text unchanged}.
(Reason: To assure access to roof appliances and provide options to not extend exterior ladders
to grade. Consistent with IFGC amendments.)
**Section 306.5.1; change to read as follows:
306.5.1 Sloped Roofs. Where appliances, equipment, fans or other components that require
service are installed on a roof having a slope of three units vertical in 12 units horizontal (25-
percent slope)or greater and having an edge more than 30 inches(762 mm) above grade at such
edge,a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches
apart shall be provided from the roof access to a level platform at the a�pliance. The level
platform shall be provided on each side of the appliance to which access is required for service,
repair or maintenance. The platform shall be not less than 30 inches(762 mm)in any dimension
and shall be provided with guards. The guards shall eXtend not less than 42 inches (1067 mm)
above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter(533
mm) sphere and shall comply with the loading requirements for guards specified in the
International Building Code...{remainder of text unchanged}.
(Reason: To assure safe access to roof appliances. Consistent with IFGC amendments.)
**Section 306; add Section 306.6 to read as follows:
306.6 Water Heaters Above Ground or Floor. When the mezzanine or platform in which a
water heater is installed is more than ei_h�t (8) feet (2438 mm) above the �round or floor level,
it shall be made accessible by a stairway or permanent ladder fastened to the buildin�
Exce�tion: A maximum 10 gallon water heater(or larger with a�proval)is capable of being
accessed throu�,h a lay-in ceilin� and the water heater installed is not more than ten (10�
feet(3048 mm) above the ground or floor level and may be reached with a portable ladder.
(Reason: To provide safe access to water heaters and to provide lighting and receptacle for
maintenance of equipment. Consistent with regional amendments to IFGC 306.7 and
International Plu�nbing Code (IPC) 502.5.)
**Section 307.2.3; amend item 2 to read as follows:
2. A separate overflow drain line shall be connected to the drain pan provided with the
equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert
occupants in the event of a stoppage of the primary drain. The overflow drain line shall
connect to the drain pan at a higher level than the primary drain connection. However, the
conspicuous point shall not create a hazard such as dripping over a walking surface or other
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areas so as to create a nuisance.
(Reason: Greater specificity in prohibited locations for condensate discharge. Consistent with
regional amendment to IPC 314.2.1.)
**Section 403.2.1; add an item 5 to read as follows:
8. Toilet rooms within private dwellings that contain only a water closet, lavatory, or
combination thereof may be ventilated with an a�proved mechanical recirculatin�
fan or similar device desi�ned to remove odors from the air.
(Reason: Consistent with common regional practice. Consistent with regional amendment to
International Residential Code (IRC) R303.3.)
**Section 501.3; add an exception to read as follows:
501.3 Exhaust Discharge. The air removed by every mechanical exhaust system shall be
discharged outdoors at a point where it will not cause a public nuisance and not less than the
distances specified in Section 501.3.1. The air shall be discharged to a location from which it
cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an
attic, crawl space, or be directed onto walkways.
Exceptions:
1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic
space of dwelling units having private attics.
2. Commercial cooking recirculating systems.
3. Where installed in accordance with the manufacturer's instructions and where
mechanical or natural ventilation is otherwise provided in accordance with Chapter
4,listed and labeled domestic ductless range hoods shall not be required to discharge
to the outdoors.
4. Toilet room exhaust ducts may terminate in a warehouse or shop area when
infiltration of outside air is present.
(Reason: Provide a reasonable alternative in areas where a large volume of outside air is
present.)
**Section 607.51; change to �ead as follows:
607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with
Section 705.11 of the International Building Code shall be protected with listed fire dampers
installed in accordance with their listing. For hazardous exhaust systems see Section 510.1-
510.9 IMC.
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(Reason: Correspond with un-amended IBC 710.7.)
Se�tion 18-38 Amendments to the 2018 International Plumbing Code.
The following sections,paragraphs, and sentences of the 2018 International Plumbing Code are
hereby amended as follows: Standard type is teXt from the IPC. Underlined type is teXt inserted.
T ; o,a *�,r�„n�, *�,ro ;� ao,o*o,a *o�* ��,,., *,,o rDr A double asterisk (**) at the beginning of a
section identifies an amendment carried over from the 2015 edition of the code and a triple
asterisk(***) identifies a new or revised amendment with the 2018 edition of the code.
**Table of Contents, Chapter 7, Section 714; change to �ead as follows:
714 Engineered�'^mr��*�r���a Drainage Design ...69
(Reason: Editorial change to make compatible with amendment to Section 7141.)
***Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code shall
be those that are listed in Chapter 15 and such codes, when specificall.���ted, and standards
shall be considered as part of the requirements of this code to the prescribed extent of each such
reference. Where the differences occur between provisions of this code and the referenced
standards, the provisions of this code shall be the minimum requirements. Whenever
amendments have been adopted to the referenced codes and standards, each reference to said
code and standard shall be considered to reference the adopted amendments. Any reference to
NFPA 70 shall mean the Electrical Code as adopted.
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with
referenced codes.)
**Sections 106.6.2 and 106.6.3; change to read as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as �^a�^�*�a �^ *'�� �"^«��„R
��� adopted by ordinance
of the governing body of the jurisdiction.
106.6.3 Fee Refunds. The code official shall establish a policy for ���+�authorizin� the
refunding of fees �� �^�"^-�=w�. {Delete balance ofsection}
(Reason: This calls to attention of local jurisdictions considering adoption that they need a fee
schedule and a refund policy.)
**Section 109; delete entir�e section and inser�t the following:
SECTION 109
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MEANS OF APPEAL
109.1 Application for appeal. Any person shall have the ri ng t to a�eal a decision of the code
official to the board of a�peals established by ordinance. The board shall be governed by the
enablin�ordinance.
(Reason: Most jurisdictions already have an ordinance establishing and governing an appeals
board for this code. This also calls to the attention ofjurisdictions not having such a board that
it needs to be established.)
***Section 305; change to read as follows:
305.1 Protection against contact. Metallic piping, eXcept for cast iron, ductile iron and
galvanized steel, shall not be placed in direct contact with steel framing members, concrete or
cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact
with corrosive soil. Where sheathing is used to prevent direct contact, the sheathing shall have
a thickness of not less than 0.008 inch (8 mil) (0.203 mm) and the sheathing shall be made of
a�proved material�s. Where sheathing protects piping that penetrates concrete or masonry
walls or floors, the sheathing shall be installed in a manner that allows movement of the piping
within the sheathing.
(Reason: Allows for other materials to be accepted.)
305.41 Sewer depth.
�
��Building sewers shall be a minimum of 12 inches (304 mm)below grade.
(Reason: Provides sewer depth that is common in this region. Deleted reference to private
sewage disposal because a private sewage disposal code is not typically adopted in this v�egion.)
**Section 305.7; change to read as follows:
305.7 Protection of components of plumbing system. Components of a plumbing system
installed within 3 feet along alleyways, driveways, parking garages or other locations in a
manner in which thev could be exposed to damage shall be recessed into the wall or otherwise
protected in an approved manner.
(Reason: Provide a com�non cutoff point to designate a general separation distance at which
plumbing systems should be safe for consistency in enforcement.)
***Section 306; change to �ead as follows:
***306.2.4 Plastic sewer and DWV piping installation. Plastic sewer and DWV �i�pin�
installed underground shall be installed in accordance with the manufacturer's installation
instructions. Trench width shall be controlled to not exceed the outside the�ipe diameter plus
16 inches or in a trench which has a controlled width equal to the nominal diameter of the
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diameter of the�ipin_�multi�lied b.�plus 12 inches. The�ipin�shall be bedded in 4 inches
of granular fill and then backfilled compacting the side fill in 6-inch layers on each side of the
pipin�. The compaction shall be to minimum of 85 percent standard proctor density and extend
to a minimum of 6 inches above the top of the pipe.
(Reason: To follow manufacturer bac�ll requirements and to be clear to Inspectors out in the
teld
**Section 314.2.1; change to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. ... {text unchanged} ...
Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to
cause a nuisance.
(Reason: Greater specificity in prohibited locations for condensate discharge. It is the intent
of this amendment to send condensate discharge into a sanitary sewer drain. Consistent with
regional amendment to IMC 307.2.1.)
**Section 409.2; change to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be
protected against backflow by an air gap or backflow preventer in accordance with Section 608.
(Remainder of section unchanged).
(Reason: Domestic dishwashing machines would be difficult to enforce and should already
come equipped with backflow preventers. Consistent with regional amendments in IPC Section
608.)
**Section 413.4; change to read as follows:
413.4 Required location for floor drains .
Floor drains shall be installed in the followin a� reas:
1. In public laundries and in the central washing facilities of multiple family dwellings,
the rooms containing automatic clothes washers shall be provided with floor drains
located to readily drain the entire floor area. Such drains shall have a minimum outlet
of not less than 3 inches (76 mm) in diameter.
2. Commercial kitchens. In lieu of floor drains in commercial kitchens, the Code Official
ma.��t floor sinks.
3. Public restrooms.
(Reason: To make more compatible with local health code practices.)
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***Section 502.3; change to read as follows:
502.3 Water heaters installed in attics. Attics containing a water heater shall be provided . .
. {bulk of paragraph unchanged} . . . side of the water heater. The clear access opening
dimensions shall be not less than 20 inches by 30 inches (508 mm by 762 mm) where such
dimensions are large enough to allow removal of the water heater. As a minimum, for access
to the attic space,provide one of the followin�:
1. A�ermanent stair.
2. A pull-down stair with a minimum 3001b (136 kg) capacit�
3. An access door from an u�er floor level.
4. Access Panel may be used in lieu of items 1, 2, and 3 with prior a�proval of the
Code Official due to buildin�conditions.
Exceptions:
1. The passa_gewav and level service space are not rec�uired where the a�liance is
capable of bein� serviced and removed... {remainder of text unchanged}
(Reason: To provide a safe means of accessibility to appliances in attics and to allow for
different types of constr�uction limitations. Consistent with regional amendment to IMC and
IFGC)
**Section 502.6; add Section 502.6 to aead as follows:
502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than ei__�ht (8) feet (2438 mm) above the �round or
floor level, it shall be made accessible bv a stairwav or �ermanent ladder fastened to the
buildin�.
Exception: A max 10-�allon water heater(or lar�er with a�proval) is capable of bein�
accessed throu_�v-in ceilin�and a water heater is installed is not more than ten(10�
feet (3048 mm� above the �round or floor level and mav be reached with a portable
ladder.
(Reason: To provide safe access to water heaters. (Consistent with regional amendments to
IFGC 306.7 and IMC 306.3. Note refev�ence to amendment above.)
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***Section 504.6; change to read as follows:
504.6 Requirements for discharge piping. The discharge piping serving a pressure relief
valve, temperature relief valve or combination thereof shall:
1. Not be directly connected to the drainage system.
2. Discharge through an air gap. '^^�*�a ;„ *'�� � � � *'��� ,�*�r'���*�r
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge
full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief
device or equipment.
Exce�tion: Multiple relief devices mav be installed to a sin�le T & P dischar�e
piping system when a�proved by the administrative authorit.�permitted b.��
manufacture's installation instructions and installed with those instructions.
5. Discharge to �e�r��e *���t�e�����e�-e���er-u��k, �e-a���
�e�an approved location or to the outdoors.
6. Discharge in a manner that does not cause personal injury or structural damage.
7. Discharge to a termination point that is readily observable by the building occupants.
8. Not be trapped.
9. Be installed so as to flow by gravity.
10. Terminate not more than 6 inches above and not less than two times the discharge pipe
diameter above the floor or flood level rim of the waste receptor.
11. Not have a threaded connection at the end of such piping.
12. Not have valves or tee fittings.
13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and
approved for such use in accordance with ASME A112.4.1.
14. Be one nominal size larger than the size of the relief valve outlet, where the relief valve
discharge piping is installed with insert fittings. The outlet end of such tubing shall be
fastened in place
(Reason: To provide a higher degree of safety.)
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**Section 504.7.1; change to read as follows:
Section 504.7.1 Pan size and drain to read as follows: The pan shall be not less than 11/2
inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or
condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe
having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of
those materials listed in Table 605.4. Multiple pan drains may terminate to a single discharge
pipin�system when ap�roved by the administrative authority and permitted by the
manufactures installation instructions and installed with those instructions.
**Section 608.1; change to read as follows:
608.1 General. A potable water supply system shall be designed, installed and maintained in
such a manner so as to prevent contamination from non-potable liquids, solids or gases being
introduced into the potable water supply through cross-connections or any other piping
connections to the system. Backflow preventer applications shall conform to a�plicable local
regulations, Table 608.1,��and as specifically stated in Sections 608.2 through 608.16.10.
(Reason: To recognize local requirements.)
**Section 608.17.5; change to r�ead as follows:
608.17.5 Connections to lawn irrigation systems.
The potable water supply to lawn irrigation systems shall be protected against backflow by an
atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assemblv
or a reduced pressure principle backflow preventer. A valve shall not be installed downstream
from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the
potable water supply shall be protected against backflow by a reduced pressure principle
backflow preventer.
(Reason: To recognize regional practices.)
**Section 608.18; change to read as follows:
608.18 Protection of individual water supplies. An individual water supply shall be located
and constructed so as to be safeguarded against contamination in accordance with applicable
local regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8.
(Reason: To allow local requirements to govern.)
Section 703.6;Delete
(Reason: not a standard practice in this region)
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**Section 704.5; added to read as follows:
704.5 Single stack fittings. Sin�le stack fittings with internal baffle, PVC schedule 40 or cast
iron single stack shall be desi_ng ed by a re�istered en�ineer and com�ly to a national reco_ng ized
standard.
(Reason: to allow owners, installers, inspectors, and design professionals to ready identify
product markers to determine they meet all required standards.)
**Section 712.5; add Section 712.5 to aead as follows:
712.5 Dual Pump Svstem. All sumps shall be automaticallv dischar�ed and, when in anv
`�ublic use" occupancy where the sump serves more than 10 fiXture units, shall be provided
with dual pumps or �ectors arranged to function independently in case of overload or
mechanical failure. For storm draina�e sumps and pumping systems, see Section 1113.
(Reason: To address dual pump system. To pv�ovide v�eference fov�storm drainage systems.)
**Section 713, 713.1; change to read as follows:
SECTION 713
ENGINEERED r'n�,rDrT'T'r�'DT�r�'T` DRAINAGE DESIGN
713.1 Design of drainage system. The sizing, design and layout of the drainage system shall
be���e-��designed by a registered engineer using approved��design methods.
(Reason: Code was too restrictive.)
**Section 803.3; added to read as follows:
803.3 Special waste pipe,fittin�s,and components. Pipes,fittin�s,and components receivin�
or intended to receive the dischar e o�f any fiXture into which acid or corrosive chemicals are
placed shall be constructed of CPVC, hi�h silicone iron, PP, PVDF, chemical resistant _lg ass,
or glazed ceramic materials.
(Reason: To clarifv the allowable materials which are speci acallv listed for chemical draina�
applications.�
**Section 903.1; change to read as follows:
903.1 Roof extension. Open vent pipes that extend through a roof shall terminate not less than
six (6) inches (152 mm) above the roof. Where a roof is to be used for assembly or as a
promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall
terminate not less than 7 feet (2134 mm) above the roof.
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(Reason: To provide regional guideline on standard installation method for this area and
address refev�ence numbev�correction.)
***Section 918.8; change to read as follows.
918.8 Where permitted. Individual, branch and circuit vents shall be permitted to terminate
with a connection to an individual or branch-type air admittance valve in accordance with
Section 918.3.1. Stack vents and vent stacks shall be permitted to terminate to stack-type air
admittance valves in accardance with Section 918.3.2. Air admittance valves shall only be
installed with the prior a�roval of the buildin� official.
(Reason: Mechanical Device that is suhject to fail and not installed per rnanufactureN)
**Section 1003;see note below:
{Until the Health and Water Departments of the area can coordinate a uniform grease
interceptor section, each city will have to modify this section individually.}
**Section 1106.1; change to read as follows:
1106.1 General. The size of the vertical conductors and leaders,building storm drains,building
storm sewers, and any horizontal branches of such drains or sewers shall be based on six 6
inches per hour • rainfall rate ' .
,.,,�o� ao�o,.,,.,;,,oa �,.,V,
(Reason: Specify the v�oof drain size normally used in the area.)
**Section 1108.3; change to read as follows:
1108.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized
in accordance with Section 1106
��e . .
Scu�ers shall be sized to prevent the depth of�ondin� water from exceedin� that for which
the roof was designed as determined bv Section 1101.7. Scu�pers shall not have an o�enin�
dimension of less than 4 inches (102 mm). The flow throu_.h t�he�rimar,y system shall not be
considered when sizin�the secondary roof drain system.
(Reason: Specify that overflow drainage is to be the same size as the normal roof�drains.)
�
��Section 1109; delete this section.
***Section 1202.1; delete Exceptions 1 and 2.
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(Reason: State law already specifies that Med Gas systems must coniply with NFPA 99.)
Se�tion 18-39 Amendments to the 2018 International Fuel Gas Code.
The following sections,paragraphs, and sentences of the 2018 International Fuel Gas Code are
hereby amended as follows: Standard type is text from the IFGC. Underlined ty�e is text
inserted. ' . A double asterisk(**) at the beginning
of a section identifies an amendment carried over from the 2015 edition of the code and a triple
asterisk(***) identifies a new or revised amendment with the 2018 code.
**Section 101.2
{Local a�nend�nents to Section 101.2 may be necessary to correspond with the State
Plumbing Licensing Law.}
**Section 102.2; add an exception to read as follows:
Exception: Existin� dwellin�units shall complv with Section 621.2.
(Reason: Previous code provisions made unvented heater provisions retroactive except as
provided for in local amendment. This amendment and amendment to IFGC 621.2 better clarify
what the code already states: existing systems may stay unless considered unsafe.)
**Section 102.8; change to read as f'ollows:
102.8 Referenced codes and standards. The codes and standards referenced in this code shall
be those that are listed in Chapter 8 and such codes, when specificall.��pted, and standards
shall be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. Whenever amendments have been ado�ted
to the referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference to NFPA 70 or the ICC
Electrical Code shall mean the Electrical Code as ado�ted.
(Reason: Legal wov�ding to recognize locally adopted codes and amendments adopted with
referenced codes.)
***Section 306.3; change to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow
removal of the largest appliance. As a minimum, for access to the attic space, provide one of
the followin�:
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9. A�ermanent stair.
10. A�ull down stair with a minimum 300 lb (136 k�) capacit�
11. An access door from an u�per floor level.
12.Access Panel mav be used in lieu of items 1, 2, and 3 with�rior a�roval of the code
official due to buildin� conditions.
Exceptions:
L The passageway and level service space are not required where the appliance
is capable of being serviced and removed through the required opening.
2. Where the passageway is not less than ... {bulk of section to read the same}.
(Reason: To provide a safe means of accessibility to appliances in attics and to allow for
different types of�constNuction limitations. Consistent with regional amendment to IMC 306.3.)
***Section 306.5; change to read as follows:
[M] 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment
requiring access or appliances are located on an elevated structure or the roof of a building such
that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an
interior or exterior means of access shall be provided. Exterior ladders providing roof access
need not extend closer than 12 feet(2438 mm)to the finish�rade or floor level below and shall
eXtend to the equipment and a�liances' level service space. Such access shall . . . {bulk of
section to read the same} . . . on roofs having a slope greater than four units vertical in 12 units
horizontal (33-percent slope). ... {remainder of text unchanged}.
(Reason: To assure safe access to roof appliances. Consistent with IMC amendments.)
**Section 306.5.1; change to read as follows:
[M] 306.5.1 Sloped roofs. Where appliances,equipment,fans or other components that require
service are installed on a roof having a slope of 3 units vertical in 12 units horizontal(25-percent
slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge,
a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches
a�art shall be provided from the roof access to a level platform at the a�pliance. The level
platform shall be provided on each side of the appliance to which access is required for service,
repair or maintenance. The platform shall be not less than 30 inches(762 mm)in any dimension
and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm)
above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter(533
mm) sphere and shall comply with the loading requirements for guards specified in the
International Building Code.
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(Reason: To assure safe access to roof appliances. Consistent with IMC amendments.)
**Section 401.5; add a second parag�aph to read as follows:
Both ends of each section of inedium pressure _gas �iping shall identify its operatin���as
pressure with an a�roved tag. The tags are to be composed of aluminum or stainless steel and
the following wording shall be stam�ed into the ta�:
"WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
(Reason: To protect homeowners and plumbers.)
**Section 404.12; change to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum
depth of� 18 inches (�95 458 mm)top of pipe below grade, � �„* � ��a�a �r;r c��*;^r
nnni� i
�T.
404.12.1 Delete in its entirety
(Reason: To provide increased protection to piping systems and address reference number
change.)
**Section 406.4; change to read as follows:
406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with
a pressure-measuring device designed and calibrated to read,record, or indicate a pressure loss
caused by leakage during the pressure test period. The source of pressure shall be isolated
before the pressure tests are made. "'���'��„���' � �a*��� �+��*Nr���„r�� �'��" '���,�
(Reason: To require the use of�nore accurate diaphrag�n gauges. Spring gauges do not
provide accurate measurement below approximately 17 psig.)
**Section 406.41; change to r�ead as follows:
406.4.1 Test pressure. The test pressure to be used shall be no less than ' � �'' *���� *'��
��e����im„m � ^r'�;^� r ���a�� t��3 3 psig (20 kPa gauge), or at the
discretion of the Code Official, the�ipin� and valves mav be tested at a�ressure of at least six
�6) inches (152 mm) of inercury, measured with a manometer or slope �au�e, ' �
. ,
��c�#'�� �;�;�„� ��;e�ck�t�e�gt-�-a�t�e� For tests requiring a pressure of 3 psig�
diaphra�m �auges shall utilize a dial with a minimum diameter of three and one half inches (3
Ordinance 888
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'/z"), a set hand, 1/10 �ound incrementation and pressure range not to exceed 6 �si for tests
requiring a pressure of 3 psig. For tests requiring a pressure of 10 psi ,�diaphra�m�auges shall
utilize a dial with a minimum diameter of three and one-half inches (3 '/z"), a set hand, a
minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded
�iping, and for�ipin_ c�arr.��� ag s at pressures in excess of fourteen (14) inches water column
pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa�(7�5
psi), the test pressure shall not be less than ten (l0�pounds per square inch (69.6 kPa). For
�ping carr.�g_ a�pressure that exceeds 200 inches of water column (52.2 kPa�(7�5 psi�
the test pressure shall be not less than one and one-half times the proposed maximum working
pressure.
Diaphra�m a�uges used for testing must display a current calibration and be in good working
condition. The a�ropriate test must be a�lied to the dia�hragm a�u�e used for testing.
(Reason: To provide for lesser pressures to coordinate with the use of more accurate
diaphragm gauges.)
��Section 409.1; add Section 409.1.4 to read as follows:
409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel
(CSST�piping systems shall be su�ported with an a�proved termination fittin_,g or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at
intervals so as to�revent or dam� out excessive vibration but in no case �reater than 12-inches
from the center of the valve. Su�orts shall be installed so as not to interfere with the free
ex�ansion and contraction of the system's �ipin ,��s, and valves between anchors. All
valves and su�orts shall be designed and installed so they will not be disen ag��ed by movement
of the su�porting piping_
(Reason: To provide proper security to CSST valves. These standards were established in this
region in 1999 when CSST was an emerging technology.)
**Section 410.1; add a second paragraph and exception to read as follows:
Access to regulators shall complv with the requirements far access to a�liances as specified
in Section 306.
Exce�tion: A passa�ewav or level service space is not required when the re�ulator is
capable of being serviced and removed through the required attic opening_
(Reason: To requiv�e adequate access to v�egulators.)
*�Section 621.2; add exception as follows:
621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source
of comfort heating in a dwelling unit.
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Exce�tion: Existin�approved unvented heaters mav continue to be used in dwellin�units,
in accordance with the code provisions in effect when installed,when ap�roved by the Code
Official unless an unsafe condition is determined to exist as described in Section 108.7.
(Reason: Gives code official discretion.)
Section 18-40 Amendments to the 2018 International Energy Conservation
Code.
The following sections, paragraphs, and sentences of the 2018 International Energy
Conservation Code (IECC) are hereby amended as follows: Standard type is text from the
IECC. Underlined type is teXt inserted. ' . A double
(**) asterisk at the beginning of a section identifies an amendment carried over from the 2015
edition of the code and a triple (***) asterisk identifies a new or revised amendment with the
2018 code. Section numbers in parenthesis represent the corresponding numbers of the energy
provisions of the 2018 International Residential Code for parallel amendments.
2018 IECC (Energy Provisions of the 2018 IRC)
**Section C102/R102 Geneaal; add Section C102.1.2 and R102.1.2 (N1101.4.1) to aead as
follows:
C102.1.2 Alternative compliance. A buildin�certified bv a national, state, or local accredited
energ_y efficiency �rogram and determined by the Energ.�ystems Laboratory to be in
compliance with the ener�y efficiencv requirements of this section mav, at the option of the
Code Official, be considered in compliance. The United States Environmental Protection
A�encv's Ener�y Star Pro�ram certification of energy code ec�uivalencv shall be considered in
compliance.
R102.1.2 (N1101.4.1) Alternative compliance. A buildin� certified bv a national, state, or
local accredited ener�v efficienc�program and determined bv the Ener�v Svstems LaboratorX
to be in compliance with the energ_y efficiency requirements of this section may, at the option
of the Code Official,be considered in compliance. The United States Environmental Protection
A e�ncy's Energv Star Program certification of energ�y code equivalency shall be considered in
compliance. Re�ardless of the program or the path to compliance, each 1- and 2-familX
dwelling shall be tested for air and duct leaka��rescribed in Section R402.4.1.2
(N1102.4.1.2) and R403.3.3 (N1103.3.3)respectivel�
(Reason: This amendment is added to allow alternative compliance in accordance with Texas
HB 1365, 78`h Legislature. Codified in Chapter 388 Texas Building Energy Performance
Standards: �388.003(i).
The last sentence to Section R102.1.2 (N1101.4.1)was added to insure that every house is tested
in accordance with the mandatory provisions of the code.)
�
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Section R202 (N1101.6) Definitions; add the following definition:
��PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or
permanently attached shading device, divided by the distance measured vertically from the
bottom of the fenestration glazing to the underside of the overhang, eave or permanently
attached shading device.
(Reason: The amendment to Section 402.3.2 (N1102.3.2) Glazed fenestration SHGC was
proposed by the TAB. ESL determined the proposal to be not less restrictive than the 2015
IECC. This added definition is necessary as part of that amendment. The amendment will
provide additional options for SHGC selection.)
Section R202 (N1101.6) Definitions; add the following definition:
**DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to
change it performance properties, including U-factor, solar heat gain coefficient (SHGC), or
visible transmittance (VT).
(Reason: This term is referenced in Section R402.3.2. This definition ofDYMANIC GLAZING
is also found in the Commev�cial pv�ovisions of the code.)
***Table 4021.2 (N11021.2) INSULATION AND FENESTRATION REQUIREMENTS
BY COMPONENT; the Fenestr�ation I7 factor�for Climate Zone 3 is amended as follows:
CLIMATE FENESTRATION
ZONE U-FACTOR
3 9-�0.35
(Reason: CaNries fonvard the value in the 201 S IECC/IRC.)
***Table 4021.4 (N11021.4) EQZIIVALENT U-FACTORS; the Fenestr�ation U factor for
Climate Zone 3 is amended as follows:
CLIMATE FENESTRATION
ZONE U-FACTOR
3 9�0.35
(Reason: Carries fonvard the value in the 2015IECC/IRC.)
��Section R402.3.2 (N1102.3.2) Glazed fenestration SHGC; amend by adding a paragraph
and table following the exception to read as follows:
Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading
device,the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table
R402.3.2 SHGC Multipliers for Permanent Projections.
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Table R402.3.2 SHGC Multi liers for Permanent Pro'ections a
Projection SHGC Multiplier SHGC Multiplier
Factor (all Other Orientation) (North Oriented)
0 - 0.10 1.00 1.00
>0.10-0.20 0.91 0.95
>0.20-0.30 0.82 0.91
>0.30-0.40 0.74 0.87
>0.40-0.50 0.67 0.84
>0.50-0.60 0.61 0.81
>0.60-0.70 0.56 0.78
>0.70-0.80 0.51 0.76
>0.80-0.90 0.47 0.75
>0.90- 1.00 0.44 0.73
a North oriented means within 45 degrees of true north.
(Reason: The amendment to Section 402.3.2 Glazed fenestration SHGC was proposed by the
TAB and ESL determined the proposal to be not less restrictive than the 201 S IECC. This added
definition is necessary as part of that amendment. The amendment will provide additional
options for SHGC selection.)
��R402.41.2 (N1102.4.1.2) Testing; add a last par�agraph to r�ead as follows:
Mandatory testing shall only be performed by individuals that are certified to perform air
infiltration testing certified by national or state organizations as approved by the building
official. The certified individuals must be an independent third-party entity, and may not be
employed; or have any financial interest in the company that constructs the structure.
(Reason: The 2018 International Residential Code (IRC) and International Energy
Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct
leakage. Significant changes in the residential energy requirements include more frequent
requirement of performance testing for leakage. Residential Duct systems must be tested unless
all ducts and equipment are located within the conditioned space. Envelope testing is required
to demonstrate compliance with maximum allowable leakage rate. This language puts the
regulatovy authov�ity on notice that the testing requires specialized credentials and establishes
a conflict of�interest baseline.)
***Section R402.4 (N1102.4)Air leakage (Mandatory); add a new section and table to �ead
as follows:
R402.4.1.3 (N1102.4.1.3)Testing option-ACH tradeoff. As an option to the air leakage rate
set out in Section R402.4.1.2 (N1102.4.1.2), 1- and 2-family homes meeting all of the listed
criteria below and the thermal envelope requirements in Table R402.4.1.3 (N1102.4.1.3) will
be considered compliant when tested and verified as having an air leakage rate to not less than
or equal to four air changes per hour when tested and reported in accordance with the testing
standards and reporting criteria listed in Section R402.4.1.2 (N1102.4.1.2).
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The compliance equivalency is limited as follows:
1. Limited to a conditioned floor area between 1,000 and 6,000 square feet,
2. Limited to between 2 to 6bedrooms,
3. Assumes all ductwork and mechanical equipment is located in the unconditionedattic,
4. Assumes typical wood framing in the walls and roof, and
5. Assumes one of the following heating/cooling systems:
a. All electric system with a heat pump for heating, or
b. A system with electric cooling and natural gas heating.
Dwellings using electric resistance strip heating do not qualify for this tradeoff.
TABLE R402.4.1.3 (N1102.4.1.3)a
1. Envelope Component 2. Option #1 3. Option #2
R402.4 Air Leakage 5. <4 ACH50 6. <4 ACH50
Wall Insulation R-value 8. R13 + R3 9. R13 + R3
.Fenestration U-factor 11.< 0.32 12.< 0.32
.Fenestration SHGC 14.< 0.25 15.< 0.25
.Ceiling R-value 17.>R49 18.> R49
.Duct Insulation R-value 20.R8 21.R6
.Radiant Barrier Required 23.No 24.Yes
Except for the values listed in the table, all other mandatory code provisions are
applicable.
b
The first value listed is the R-value of cavity insulation, the second value is the R-value of
the continuous insulation or insulated siding.
(Reason: This provides a viable option to the single family residential builder. The Energy
Systems Laboratory determined that this tradeoff�option to be not less stringent than the
residential provisions of the 2015 IECC and the energy provisions of the 2015 IRC.)
***Section R402.4 Air leakage (Mandatory); add a new section to read as follows:
R402.4.1.4 Testing options for R2 multifamily dwelling units. As an option to the air leakage
rate set out in Section R402.4.1.2, multifamily dwelling units will be considered compliant
when tested and verified as having an air leakage rate to the air leakage rate set out in either
Section R402.4.1.4.1 or Section R402.4.1.4.2 when tested and reported in accordance with the
testing standards and reporting criteria listed in Section R402.4.1.2
R402.4.1.4.1 Total air leakage rate for interior multifamily dwelling units. Interior
multifamily dwelling units with a measured, "unguarded" total air leakage result of 5.3
ACH50 or less shall be considered compliant.
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R402.4.1.4.2 Total air leakage rate for corner multifamily dwelling units. Corner
multifamily units with a measured, "unguarded" total leakage result of less than 5.0
ACH50 shall be considered compliant.
(Reason: The Mandatory Section R402.4 Air Leakage of the 2015 IECC requires that the
building thermal envelope be tested and verified in accordance with R402.4.1.2. Measuring
air leakage for multifamily buildings or dwelling units using an air leakage to outside test (i.e.
guarded) can be costly and time prohibitive. This is because in order to isolate leakage only
through the building thermal envelope, all leakage to adjacent units through adiabatic surfaces
must be pressure neutralized. The methodology below therefore allows for the use of total air
leakage testing for multifamily dwelling units that includes air leakage to the exterior and to
adjacent units (i.e. unguarded) to show compliance with R402.4.1.2. This increases the
flexibility of the code without affecting stringency. This �nethodology has been approved for
use by ESL, and the methodology applies only to jurisdictions in the NCTCOG area.)
***Section R402.4 Air leakage (Mandatory); add a new section to read as f'ollows:
R402.4.1.5 Sampling options for R2 multifamily dwelling units. For buildings having three
or more dwelling units, a minimum of 15% of the dwelling units in each building must be
tested as required by Section R402.4.1.2. Prior to beginning sampling for testing, "Initial
Testing" is required for each multifamily property. "Initial Testing" shall consist of the 3ra
party testing contractor performing the required tests on at least three consecutive dwelling
units. Test results from the "Initial Testing" must satisfy minimum code requirements before
sampling is permitted. Dwelling units selected for the "Initial Testing" must be within the
same building. Dwelling units selected for"Initial Testing" shall not be included in a"sample
group" or counted toward the minimum 15% of dwelling units tested. The building official
shall randomly select the three dwelling units for"Initial Testing." The building official may
delegate the random selection to the designated 3rd party testing contractor.
R402.4.1.5.1 Sample group Identification and Sampling. The builder shall identify
a "sample group" which may be a building, floor, fire area or portion thereo£ All of
the dwelling units within the"sample group"must be at the same stage of construction
and must be ready for testing. The building official shall randomly select at least 15%
of dwelling units from each "sample group" for testing. The building of�cial may
delegate the random selection to the designated 3rd party testing contractor.
If each tested dwelling unit within a "sample group" meets the minimum code
requirements, then all dwelling units in the "sample group" are considered to meet the
minimum code requirements.
Before a building may be deemed compliant with the testing as required, each"sample
group" must be deemed compliant with the minimum code requirements. The sum
total of all of the tested dwelling units across all "sample groups" shall not be less than
a minimum of 15% of the dwelling units in a building.
R402.4.1.5.2 Failure to Meet Code Requirement(s). If any dwelling units within the
identified "sample group" fail to meet a code requirement as determined by testing,
the builder will be directed to correct the cause(s)of failure, and 30% of the remaining
Ordinance 888
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dwelling units in the "sample group" will be randomly selected for testing by the
building official, or third-party testing contractor, regarding the speci�c cause(s) of
failure.
If any failures occur in the additional dwelling units, all remaining dwelling units
in the sample group must be individually tested for code compliance.
A multifamily property with three failures within a 90-day period is no longer
eligible to use the sampling protocol in that community or project until successfully
repeating "Initial Testing." Sampling may be reinstated after at least three
consecutive dwelling units are individually verified to meet all code requirements.
A Certificate of Occupancy may not may be issued for any building until testing has
been performed and deemed to satisfy the minimum code requirements on the
dwelling unit(s) identified for testing.
(Reason: For many multifamily (R2 classifications)projects, it is very costly and time
consuming to test each dwelling unit for projects where there may be dozens of dwelling units
in each building. Considering that the same tradesman generally constructs a building, it is
reasonable to deem that construction practices are consistent and that if a reasonable
sampling of units tested pass then all units would pass. These amendments are very similar to
other ordinances/policies from Austin and San Antonio.)
*�R403.3.3 (N1103.3.3) Duct Testing (Mandatory); add a last paragaaph to read as follows:
Mandatory testing shall only be performed by individuals that are certified to perform duct
testing leakage testing certified by national or state organizations as approved by the building
official. The certified individuals must be an independent third-party entity, and may not be
employed; or have any financial interest in the company that constructs the structure.
(Reason: The 2015 International Residential Code (IRC) and International Energy
Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct
leakage. Significant changes in the residential energy requirements include more frequent
requirement of performance testing for leakage. Residential Duct systems must be tested unless
all ducts and equipment are located within the conditioned space. Envelope testing is required
to demonstrate compliance with maximum allowable leakage rate. This language puts the
regulatory authority on notice that the testing requires specialized credentials and establishes
a conflict of intef�est baseline).
***Section R403.3 Ducts; add a new section to read as follows:
R403.3.4.1 Sampling options for R2 multifamily dwelling units. For buildings having three
or more dwelling units, a minimum of 15% of the dwelling units in each building must be
tested as required by Section R403.3.3. Prior to beginning sampling for testing, "Initial
Testing" is required for each multifamily property. "Initial Testing" shall consist of the 3ra
party testing contractor performing the required tests on at least three consecutive dwelling
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units. Test results from the "Initial Testing" must satisfy minimum code requirements before
sampling is permitted. Dwelling units selected for the "Initial Testing" must be within the
same building. Dwelling units selected for"Initial Testing" shall not be included in a"sample
group" or counted toward the minimum 15% of dwelling units tested. The building of�cial
shall randomly select the three dwelling units for"Initial Testing." The building official may
delegate the random selection to the designated 3rd party testing contractor.
R403.3.4.1.1 Sample group Identification and Sampling. The builder shall identify
a "sample group" which may be a building, floor, fire area or portion thereo£ All of
the dwelling units within the"sample group"must be at the same stage of construction
and must be ready for testing. The building official shall randomly select at least 15%
of dwelling units from each "sample group" for testing. The building of�cial may
delegate the random selection to the designated 3rd party testing contractor.
If each tested dwelling unit within a "sample group" meets the minimum code
requirements, then all dwelling units in the "sample group" are considered to meet the
minimum code requirements.
Before a building may be deemed compliant with the testing as required, each"sample
group" must be deemed compliant with the minimum code requirements. The sum
total of all of the tested dwelling units across all"sample groups" shall not be less than
a minimum of 15% of the dwelling units in a building.
R403.3.4.1.2 Failure to Meet Code Requirement(s). If any dwelling units within the
identified "sample group" fail to meet a code requirement as determined by testing,
the builder will be directed to correct the cause(s)of failure, and 30% of the remaining
dwelling units in the "sample group" will be randomly selected for testing by the
building official, or third-party testing contractor, regarding the specific cause(s) of
failure.
If any failures occur in the additional dwelling units, all remaining dwelling units in
the sample group must be individually tested for code compliance.
A multifamily property with three failures within a 90-day period is no longer
eligible to use the sampling protocol in that community or project until successfully
repeating "Initial Testing." Sampling may be reinstated after at least three
consecutive dwelling units are individually verified to meet all code requirements.
A Certificate of Occupancy may not may be issued for any building until testing
has been performed and deemed to satisfy the minimum code requirements on the
dwelling unit(s) identi�ed for testing.
(Reason: For many multifamily (R2 classifications)projects, it is very costly and time
consuming to test each dwelling unit for projects where there may be dozens of dwelling units
in each building. Considering that the same tradesman generally constructs a building, it is
reasonable to deem that construction practices are consistent and that if a reasonable
sampling of units tested pass then all units would pass. These amendments are very similar to
other ordinances/policies fNom Austin and San Antonio.)
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**Section C402.2/R402.2 (N1102.2) Specific insulation requirements (Prescriptive); add
Section C402.2.8 and R402.2.14 (N1102.2.14) to read as follows:
Section C402.2.8/R402.2.14 (N1102.2.14) Insulation installed in walls. Insulation installed
in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing,
wood structural panel sheathing or other equivalent material approved by the building official.
(Reason: This will increase the performance of the insulation.)
���Section C403.7.4 Energy recovery ventilation systems (Mandatory); add exception #12 to
read as follows:
12. Individual ventilation systems that serve an individual dwelling unit or sleeping unit.
(Reason: This will clarify the intent of the section without requiring the user or the code official
to analyze the numbers in the table. So a ventilation system that serves only an individual
dwelling unit or sleeping unit does not require an energy recovery system.)
***Section C403.11.1 Duct and Plenum Insulation and Sealing(Mandatory);is amended by
adding a second paragraph to read as follows:
Environmental ducts and plenums installed in vertical chases, both supply and exhaust, where
the ducts or plenums will not be accessible after construction completion, shall be leak tested
in accordance with the SMACNA HVAC Air Leakage Test Manual to the installed ductwork
class and pressure requirements.
Documentation shall be furnished demonstrating that representative sections totaling not less
than 25 percent of the duct area have been tested and that all tested sections comply with the
requirements of this section.
(Reason: Ductwork installed in chases is not accessible after constr�uction completion.
Leakage in these ducts will increase the energy use of the buildings and systems for the life of
the building and reduce the system performance. Since the leakage in the chase enclosed
ductwork would be difficult if not impossible to locate and correct, testing at the time of
installation would assure that the ducts are propeNly installed and efficient.)
***Section R404.1 (N1104.1); r�evised in its entir�ety to read as follows:
Section R4041 (N1104.1)Lighting equipment(Mandatory). Not less than 75 percent of the
lamps in permanently installed lighting fixtures or not less than 75 percent of the permanently
installed lighting fixtures shall contain only high-efficacy lamps.
(Reason: This Netains the 201 S language will allows foN moNe flexibility.)
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**Section 405.2 (N1105.2); add the exception to read as follows:
Section 405.2 (N1105.2) Mandatory requirements. Compliance with the section requires that
the mandatory provisions identified in Section 401.2 be met. Supply and return ducts not
completely inside the building thermal envelope shall be insulated to an R-value of not less than
R-6.
Exceptions:
1. For one and two family dwellings the maXimum envelope leakage of 4 ACH50 is
permitted provided the envelope leakage in the Standard Reference Design is 3
ACH50 and all other requirements of Section R405 are met, including all other
mandatory measures. The annual energy cost or source energy usage of the Proposed
Design must be equal to or less than that of the Standard Reference Design.
2. For multifamily or townhomes and buildings classified as Group R2 and Group R4
of three stories or less the maximum envelope leakage of less than 5 ACH50 is
permitted provided the envelope leakage in the Standard Reference Design is 3
ACH50 and all other requirements of Section R405 are met, including all other
mandatory measures. The annual energy cost or source energy usage of the Proposed
Design must be equal to or less than that of the Standard Reference Design.
(Reason: This ACH tradeoff is approved by ESL and will require additional energy efficiencies
to be implemented. This tradeoff is incorporated in ESL's IC3 Code Compliance Calculator as
the 2015 NCTCOG path in the code drop down menu. Builders using IC3 will receive a code
compliant notification if their designs meet the requirements of this tradeoff and all other
energy code requirements.
Other compliance software products have not incorporated this tradeoff into their compliance
reports. Building Officials receiving Section R405 submittals from software other than IC3 may
approve a R405 compliance report that designates the building as not in compliance due to
noncompliance with the 3 ACHSO envelope leakage mandatory measure, provided the report
also states that the envelope leakage is no greater than 4 ACHSO for single family homes.
REScheckTM does not have the flexibility to accommodate this tradeoff.)
*�Section R405.6.2 (N1105.6.2); add the following sentence to the end of paragaaph:
Acceptable performance software simulation tools may include,but are not limited to, REM
RateTM; Energy Gauge°; ICF International Beacon Residential; Ekotrope, HERS Module;
Right-Energy HERS and IC3. Other performance software programs as listed by RESNET°
and having the ability to provide a report as outlined in R405.4.2 may also be deemed
acceptable performance simulation programs and may be considered by the building official.
(Reason: These performance software tools are listed by RESNET at the time of
recommendation.)
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***Section C405.9. Voltage drop in feeders; deleted in its entirety.
(Reason: There are similar provisions in the NEC where this type of requirement is best
managed.)
**TABLE R406.4 (N1106.4) MAXIMUM ENERGY RATING INDEX; amend to read as
follows:
TABLE R406.4 (N1106.4) 1
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 65
i This table is effective until August 31, 2019.
TABLE R406.4 (N1106.4) 2
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 63
� The table is effective from September 1, 2019 to August 31, 2022.
TABLE R406.4 (N1106.4) 3
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 59
3 This table is effective on or after September 1, 2022.
(Reason: The tables reflect the values and time table set forth in HB1736, 84`h Regular Session
Codified in Chapter 388 Texas Building Energy Pef formance Standards: �388.003.)
***Section C408.3.1 Functional Testing; amend to aead as follows:
C408.3.1 Functional Testing. Prior to passing final inspection, the registered design
professional or a�proved agency shall provide evidence that the lighting control systems have
been tested to ensure that control hardware and software are calibrated, adjusted, programmed,
and in proper working condition in accordance with the construction documents and
manufacturer's instructions. Functional testing shall be in accordance with Sections C408.3.1.1
through C408.3.1.3 for the applicable control type.
(Reason: The addition of `or approved agency' will make the lighting systems requirements
match the mechanical system requirements in C 408.2.1. This will facilitate and add flexibility
to the enforcement of the commissioning requirements.)
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Section 18-41 Amendments to the 2018 International Swimming Pool and Spa
Code.
The following sections, paragraphs, and sentences of the 2018 International Swimming Pool
and Spa Code are hereby amended as follows: Standard type is text from the ISPSC.Underlined
ty�e is teXt inserted. L�e�t#r�gk���e�e����e�* �^m Tc"c�' A triple asterisk (***)
identifies a new orrevised amendment with the 2018 ISPSC code.
**Section 102.9; Change to read as follows:
Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any
provisions oflocal, state or federallaw, to include but not limited to;
L Texas Department of State Health Services (TDSHS); Standards for Public Pools
and Spas;
§285.181 through �285.208, (TDSHS rules do not appl�pools serving
one- and two family dwellings or townhouses).
2. Texas Department of Licensing and Re�ulation (TDLR); 2012 Texas
Accessibilitv Standards (TAS1, TAS �rovide the sco�ing and technical
requirements for accessibility for Swimming Pool, wading�ools and spas and
shall comply with 2012 TAS, Section 242. (TAS rules do not a�ply to pools
serving one- and two family dwellings or townhouses).
Exce�tion: Elements regulated under Texas Department of Licensing and
Regulation (TDLR) and built in accardance with TDLR a�roved plans,
includin�any variances or waivers �ranted by the TDLR, shall be deemed to be
in com�liance with the rec�uirements of this Cha�ter.
(Reason: To clarify specific Texas statutes which regulate public pools and spas.)
��Section 103.1; Change to read as follows:
Section 103.1 Creation of enforcement agency.The'�'�r��*m�r*��R,,;'a;„R c��+�� INf SERT
OFFICIAL BUILDING DEPARTMENT NAME OF JURSIDICTIONI is hereby created
and the official in charge thereof shall be known as the code official. fINSERT HEALTH
DEPARTMENT NAME OF JURSIDICTIONI is herebv created and the official in char�e
thereof shall be known as the code o�'ficial for operation and maintenance of any public
swimming pool in accordance this code, local and state law.
(Reason:Reminder to be sure ordinance reads the same as designed by the City&the operation
of public pools is enforced through the City's appropriate department procedure.)
� � �
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��Section 107.4; Delete entirely (covered by general provisions in Code of Ordinances):
(Reason: Covered by general provisions of the Code of Ov�dinances.)
��107.5; Change to read as follows:
107.5 Stop work orders. Upon notice from the code official, work on any system that
is being done contrary to the provisions of this code or in a dangerous or unsafe manner
shall immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to the owner's agent, or to the person doing the work. The notice
shall state the conditions under which work is authorized to resume. Where an
emergency exists,the code official shall not be required to give a written notice prior to
stopping the work. Any person who shall continue any work in or about the structure
after having been served with a stop work order, except such work as that person is
directed to perform to remove a violation or unsafe condition, shall be in violation of
thiscode. ';^i.'o�^ ^ �;,,o ^�„^*io�� ��,,,,, r n��rnrn.Trri ,a,.ii,,,.� ,,,.,,.,,,,.o�i,.,,, r n��rnrn.Trri
��
(Reason: Covev�ed by general provisions of the Municipal Code of Ov�dinances.)
**Section 202; DEFINITIONS; insert definition; change to read as follows:
fINSERT HEALTH DEPARTMENT NAME OF JURISDICTIONI: fINSERT HEALTH
DEPARTMENT NAME OF JURISDICTIONI re�ulates the operation of public pools.
Routine inspections on pools and spas open to the public are conducted to document com�liance
with the standards set forth in State law.
(Reason: The operation of� public pools is enforced through fINSERT HEALTH
DEPARTMENT NAME OF JURISDICTIONI p�'ocedures.)
�**Section 305; Change to read as follows:
305.1 General.
The provisions of this section shall apply to the design of barriers for restricting entry
into areas having pools and spas. In one-and two-family dwellings and townhouses,
where spas or hot tubs are equipped with a lockable safety cover complying with ASTM
F 1346 and swimming pools are equipped with a powered safety cover that complies
with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not
be required to comply with Sections 305.2 through 305.7.
(Reason: To clarify require�nents for dwellings and commercial properties and specific Texas
statutes which regulate public pools and spas.)
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**Section 305.2; Change to read as follows:
305.2 Outdoor swimming pools and spas.Outdoor pools and spas and indoor swimming pools
shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7 and in
accordance with the Texas Administrative Code, Texas Health and Safetv Code 757 for�ublic
pools•
(Reason: To clarify specific Texas statutes which regulate public pools and spas.)
** Add subsection 305.2.7.1; to read as follows:
305.2.7.1 Chain link fencing prohibited. Chain link fencin� is not permitted as a barrier in
public�oolsbuilt after January 1, 1994.
(Reason: To clarify specific Texas Health and Safety Code Chapter 757.003 (�.)
**Section 305.4 structure wall as a barrier; Changes as follows:
305.4 Structure wall as a barrier. Where a wall of a one and two
familv dwellin�or townhouse or its accessory structure serves as part of a barrier and where
doors or windows provide direct access to the pool or spa through that wall, one of the
following shall be required:
1. Remainder Unchanged
2. Remainder Unchanged
3. Remainder Unchanged
The wall of a building with windows in accordance with 2018 International Buildin C�ode,
Section 1030 in Group R2 occupancies shall not be used as part of pool enclosure. Other
windows that are part of a pool yard enclosure shall be permanentl�closed and unable to be
opened for public pools.
(Reason: To clarify specific Texas Health and Safety Code Chapter 757.007& 2015 IBC,
Section 1030.)
**Section 305.6; Change to read as follows:
305.6 Natural barriers used in a one and two familv dwelling or townhouse. In the case
where the pool or spa area abuts the edge of a lake ar other natural body of water,public access
is not permitted or allowed along the shoreline, and required barriers eXtend to and beyond the
water's edge a minimum of eighteen (18) inches, a barrier is not required between the natural
body of water shoreline and the pool or spa.
(Reason: Specific Texas statutes do not allow the use of natural barriers in lieu of fencing for
publicpools per Chapter 757.003).
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��Section 307.1.4 Accessibility; Add exception to Section to 307.1.4 as follows:
Exce�tion: Components of projects regulated by and registered with Architectural Barriers
Division of
Texas Department of Licensing and Regulation shall be deemed to be in compliance with the
requirements of this chapter.
(Reason: To accommodate buildings regulated under state law. Further clarified to mean
Components that are specifically addressed by TDLR shall be exempt.)
�*Section 310; Change to read as follows:
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in
accordance with APSP 7 or for public swimmin�pools in accordance with State of Texas Rules
for Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule§265.190.
�Remainder unchangedJ
(Reason: To clarify specific Texas statutes which regulate public pools and spas.)
**Section 313.7; Change to read as follows:
313.7 Emergency shutoff switch for spas and hot tubs. ^r � � �'",*�����T,;*�'� �'��„
;
' . A
clearly labeled emergency shutoff or control switch for the purpose of stopping the motor(s)
that provide power to the recirculation system and j et system shall be installed at a point readilX
accessible to the users and not less than 1.5 m (5 ft.) awav, adjacent to, and within sight of the
spa or hot tub. This requirement shall not a�lv to one and two famil_y dwellings and
townhouses.
(Reason: Language is fi^om 2017 NEC Article 680.41.)
** Section 402.12; Change to read as follows:
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with
T.,�.�o nn� �� Texas department of State Health services, Administrative Code Title 25,
Chapter 265, Section 186 (e) and Fi�ure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and
Fi�ure 402.12)
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Page 68 of 84
ADD: Fi ure: 25 TAC §265.186 (e) (6)
Maximum Diving Board Height Over 3/4 Meter 1 Meter 3 Meters
Water
Max. Diving Board Length 12 ft. 16 ft. 16 ft.
Minimum Diving Board Overhang 2 ft. 6 in. 5 ft. 5 ft.
D 1 Minimum 8 ft. 6 in. 11 ft. 2 in. 12 ft. 2 in.
D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in.
D3 Minimum 4 ft. 6 ft. 6 ft.
L 1 Minimum 4 ft. 5 ft. 5 ft.
L2 Minimum 12 ft. 16 ft. 5 in. 19 ft. 9 in.
L3 Minimum 14 ft. 10 in. 13 ft. 2 in. 13 ft. 11 in.
L4 Minimum 30 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in.
LS Minimum 8 ft. 10 ft. 13 ft.
H Minimum 16 ft. 16 ft. 16 ft.
From Plummet to Pool Wall at Side 9 ft. 10 ft. 11 ft. 6 in.
From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 ft.
H (Dverhead
4k�struction ❑r Ceiling}
2' 6" M i r�.
.--.
Pt A pt. B Pt. C
4' M i n ¢• �„ M i n. i
11� Ma D2 �
R 6� 6" Typ i ca 1 ° iNax. 10 Max 5 I ooe '
L1 L2�rt L3 TYpica�
L4
4' Min
4' M i n ��
10'
�1 Met.er�
(Reason: To avoid conflict with 25 TAC Chapter 265.)
��Section 402.13; Change to read as follows:
402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails or two
handrails. There shall be a uniform distance between ladder treads, with a 7 inch (178 mm
minimum) distance and 12 inch (305 mm) maximum distance. Su�orts, �latforms, ste�s, and
ladders for divin�equipment shall be designed to carry the anticipated loads. Steps and ladders
Ordinance 888
Page 69 of 84
shall be of corrosion-resistant material, easily cleanable and with slip-resistant tread;
��ee�*;�r: T�,o ,a;�t-a�c��t�=�e�t�e-��.�-�e�t#e �e�-��c�e��ei�����
(Reason: To avoid conflict with 25 TAC Chapter265.186(c)(8)(d).)
**Section 411.21 & 411.2.2; Change to read as follows:
411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal
depth (i.e.,horizontal run) of 12 inches and a minimum width of 20 inches. r^+'�� '��� +'�^� ''^
,.t,o� ��cn ,,,,,,� ���t,o,.o„�o,-i;,,o
411.2.2 Risers. Risers for steps shall have a maximum uniform hei�ht of 10 inches, with the
bottom riser hei�ht allowed to taper to zero e�Ee��€ r *e����ei��e�-s�3�'��e—«n
,,o;n�,� ; ,,,,,..:,o,a �„ . ,�,. ��,o�,,,,,,.
(Reason: To avoid conflict with 25 TAC Chapter 265.186(c)(7)(A)& (B).)
**Section 411.5.1 & 411.5.2; Change to read as follows:
411.5.1 Swimouts. Swimouts,located in either the deep or shallow area of a pool, shall comply
with all of the following:
1. Unchanged
2. Unchanged
3. Unchanged
4. The leading edge shall be visibly set apart and provided with a horizontal solid or broken
stripe at least 1 inch wide on the top surface along the front leadin�edge of each step. This
stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting
color to the background on which it is a�plied, and the color shall be permanent in nature
and shall be a sli�-resistant surface
411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone
or in conjunction with pool stairs, shall comply with all of the following:
1. Unchanged
2. Unchanged
3. Unchanged
4. Unchanged
5.The leading edge shall be visually set apart and provided with a horizontal solid or broken
stripe at least 1 inch wide on the top surface along the front leadin� ed�e of each step. This
stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting
color to the back�round on which it is a�lied, and the color shall be �ermanent in nature
Ordinance 888
Page 70 of 84
and shall be a sli�-resistant surface.
6. Unchanged
7. Unchanged
(Reason: To avoid conflict with 25 TAC Chapter265.184 (u) &265.186 (c)(10).)
**Section 603.2; Change to read as follows:
603.2 .
,
�
Class A and B pools: Class A and B pools over 5 feet deep: the transition point of the pool
from the shallow area to the deep area of the pool shall be visuall.�part with a 4-inch
minimum width row of floor tile, a�ainted line, or similar means usin�a color contrastin w��ith
the bottom; and a ro�e and float line shall be provided between 1 foot and 2 feet on the shallow
side of the 5-foot depth alon_ a�nd parallel to this depth from one side of the pool to the other
side. The floats shall be spaced at not greater than 7-foot intervals; and the floats shall be
secured so they will not slide or bunch up. The stretched float line shall be of sufficient size and
strength to offer a good handhold and support loads normall.�posed by users. If the owner
or operator ofthe pool knows or should have known in the exercise of ordinary care that a rope
ar float is missing,broken, or defective, the problem shall be�romptly remedied
(Reason: To avoid conflict with 25 TAC Chapter 265.199.)
��Section 610.5.1; Change to read:
610.5.1 Uniform height of�-10 inches. Except for the bottom riser, risers at the centerline
shall have a maximum uniform height of 9-10 inches (�254 mm). The bottom riser height
shall be permitted to vary from the other risers.
(Reason: To avoid conflict with 25 TAC Chapter265186 (c)(7)(B).)
���Section 804 Diving Water Envelopes; Change to read as follows:
Section 804.1 GeneraL The minimum diving water envelopes shall be in accordance with
Table 804.1 and Figure 804.1, or the manufacturer's specifications, whichever is re�ater.
Negative construction tolerances shall not be applied to the dimensions of the minimum
diving water envelopes given in Table 804.1.
(Reason: To provide minimum standards and to clarify specific manufactures specifications
of the diving equipment.)
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Section 18-42 Amendments to the 2018 International Existing Building Code.
The following sections,paragraphs, and sentences of the 2018 International Existing Building
Code are hereby amended as follows: Standard type is teXt from the IEBC. Underlined type is
text inserted. Lined through type is deleted text from IEBC. A double asterisk(**) at the
beginning of a section identifies an amendment carried over from the 2015 edition of the code
and a triple asterisk(***) identifies a new or revised amendment with the 2018 code.
**Section 102.4; change to read as follows:
[A] 102.4 Referenced codes and standards. The codes, when specificall.��pted, and
standards referenced in this code shall be considered part of the requirements of this code to
the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and
102.4.2.
(Reason: To not inadvertently adopt other codes (i.e. Wildland Urban Interface Code etc...)
by reference.)
**Section 202; amend definition of Existing Building as follows:
Existing Building - A building, structure, or s�ace, with an a�roved final ins�ection issued
under a code edition which is at least 2 published code editions preceding the currently
adopted buildin� code; or a change of occupanc�
��Section 202; amend definition of Existing Structure as follows:
Existin� Structure- A building, structure, or space, with an a�proved final inspection issued
under a code edition which is at least 2 published code editions preceding the currentlX
adopted building code; or a change of occupanc�
(Reason: To prevent potential abuses in new construction and shell buildings.)
**Section 305.1; adds an exception to read as follows:
Exce�tion: Components of projects regulated by and registered with Architectural Barriers
Division of Texas De�artment of Licensin�and Re�ulation shall be deemed to be
incompliance with the requirements of this chapter.
(Reason: To coordinate with the IEBC and State Law.)
**Section 305.4.2; add Number 7 to the list of requirements as follows:
7. At least one accessible family or assisted use toilet room shall be provided in accordance
with Cha�ter 11 of the International Buildin_� Code•
Ordinance 888
Page 72 of 84
(Reason: Accessible toilet rooms should be available fov�disabled occupants.)
***Section 401.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 405.2.5 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ov�dinances may be administered by other departments within the city.)
**Section 406.1; add a code reference to read as follows:
406.1 Material. EXisting electrical wiring and equipment undergoing repair shall be allowed
to be repaired or replaced with like material, in accordance with the requirements of NFPA
70.
(Reason: To ensure compliance with the NEC relative to any electrical repairs/replacement.)
***Section 502.3 Flood Hazard Aaeas; delete this section:
(Reason: Flood hazard ordinances �nay be administered by other depart�nents within the city)
**Section 504.1.2; change to aead as follows:
504.1.2 Existing fire escapes. Existing fire escapes shall continue to be accepted as a
component in the means of egress in existing buildings only. Existin�fire escapes shall be
permitted to be repaired or replaced.
(Reason: To add clarity and help reduce confusion associated with the amendment preventing
new fire escapes.)
**Section 5041.3; delete entire section:
504.1.3 New fire escapes. New fire escapes for existing buildings shall be permitted only
where exterior stairways cannot be utilized due to lot lines limiting stairway size or due to the
sidewalks, alleys or roads at grade leveL New fire escapes shall not incorporate ladders or
access by windows.
(Reason: To generally require a higher level of egress protection.)
���Section 507.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ov�dinances may be administered by othev�depav�tments within the city.)
***Section 701.3 Flood Hazaad Areas; delete this section:
Ordinance 888
Page 73 of 84
(Reason: Flood hazard ov�dinances may be administered by othev�departments within the city.)
��Section 702.6; add a code reference to read as follows:
702.6 Materials and methods. All new work shall comply with the materials and methods
requirements in the International Building Code,International Energy Conservation Code,
International Mechanical Code, National Electrical Code, and International Plumbing Code,
as applicable, that specify material standards, detail of installation and connection,joints,
penetrations, and continuity of any element, component, or system in the building.
(Reason: To provide a more complete list of potentially adopted codes.)
***Section 802.5.1; change to read as follows:
802.5.1 Minimum requirement. Every portion of a floor, such as a balcony or a loading
dock, open-sided walking surfaces, including mezzanines, ec�uipment platforms, aisles,stairs,
ramps and landin�s that is more than 30 inches (762 mm) above the floor or grade below and
is not provided with guards, or those in which the existing guards are judged to be in danger
of collapsing, shall be provided with guards.
(Reason: To be consistent with Building Code requirements for guards and unsafe
conditions.)
**Section 803.1; add sentence to read as follows:
For the purpose of fire sprinkler protection and fire alarm requirements included in this
section, the work area shall be extended to include at least the entire tenant space or spaces
bounded bv walls capable of resistin_ t�he�assa�e of smoke containin�the subject work area,
and if the work area includes a corridor, hallway, or other eXit access, then such corridor,
hallwav, or other exit access shall be protected in its entiretv on that�articular floor level.
(Reason: The intent is to avoid work area protection that would result in partial sprinkler or
fire alarm protection. Partial sprinkler protection not delineated by walls would be a clear
violation of NFPA 13 and would not allow the sprinkler to perform or function as intended.
Also,partial fire alarm covev�age is a clear violation of the Fire Code, NFPA 72, and ADA.)
**Section 803.2.4; change exception to read as follows:
Exception: Supervision is not required where the Fire Code does not require such for new
construction
for the following:
� Underground gate valve with roadway boxes.
� Halogenated extinguishing systems.
� Carbon dioxide extinguishing systems.
4. Dry- and wet-chemical extinguishing systems.
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Page 74 of 84
� Automatic sprinkler systems installed in accordance with NFPA 13R where a
common supply main is used to supply both domestic and automatic sprinkler
systems and a separate shutoff valve for the automatic sprinkler system is not
provided.
(Reason: The published exceptions are over-reaching and will result in inconsistencies among
supervised protection systems and cause confusion for first responders as well.)
**Section 803.3; change section to read as follows:
803.3 Standpipes. Refer to Section 1103.6 of the Fire Code for retroactive standpipe
requirements.
{Delete rest of Section 804.3.�
(Reason: The Fire Code already requires standpipes in these buildings (greater than 50 ft.)
retroactively in Section 1103.6. This new section would negate/lessen those retroactive
provisions already contained in the Fire Code.)
��Section 805.2; remove Exception #1
Exception 1. W here the work area and the means of egress serving it complies with
NFPA101.
(Reason: NFPA 101 is not a commonly adopted code in the region and enforcement could be
problematic.)
��Section 805.3.1.2; change to read as follows:
805.3.1.2 Fire Escapes required. For other than Group I-2, where more than one exit is
required an existing or newly constructed fire escape complying with section 805.3.1.2.1 shall
be accepted as providing one of the required means of egress.
(Reason: Highev�level of safety by not allowing new fiv�e escapes.)
��Section 805.3.1.2.1; change to aead as follows:
805.3.1.2.1 Fire Escape access and details - ...
1. [Remain unchanged]
2. Access to a new fire escape shall be through a door...
3. Item Deleted
4. [Remain unchanged]
5. In all buildings of Group E occupancy up to and including the 12th grade,
buildings of Group I occupancy,rooming boardin�houses, and childcare
centers, ladders of any type are prohibited on fire escapes used as a required
means of egress.
(Reason: Higher level of safety by not allowing new fire escapes. Consistency with language
and defined term in IBC.)
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Page 75 of 84
***Section 805.5.2 Transoms; add language to read as follows:
805.5.2 Transoms. In all buildings of Group B, E, [Remainder unchanged]
(Reason: Transom windows were historically a common practice in school buildings and
each jurisdiction should evaluate the impact on their stakeholders and their community with
regards to section.)
��Section 904.1; add sentence to read as follows:
For the purpose of fire sprinkler protection and fire alarm requirements included in this
section, the work area shall be extended to include at least the entire tenant s�ace or s�aces
bounded by walls containing the subj ect work area, and if the work area includes a corridor,
hallway, or other exit access, then such corridor, hallway, or other exit access shall be
protected in its entirety on that particular floor level.
(Reason: The intent is to avoid work area protection that would result in partial sprinkler or
fire alarm protection. Partial sprinkler protection not delineated by walls would be a clear
violation of NFPA 13 and the Fire Code and would not allow the sprinkler system to perform
or function as intended. Also,partial fire alarm coverage is a clear violation of the Fire
Code, NFPA 72, and ADA.)
**Section 904.1.1; change sentence to aead as follows:
904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in work areas
of where the high-rise buildings. has a sufficient municipal water supply for the design and
installation of an automatic sprinkler system at the site.
(Reason: Level 3 alterations are affecting more than 50% of the existing high-rise building,
and as such, sprinkler protection is more than justifiable, even when fire pumps, etc., are
necessary. It is noted that the work area method is one of three different methods available to
the designer/owner in the IEBC.)
***Section 1103.3 Flood Hazar�d Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 1201.4 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 1301.3.2; change to �ead as follows:
1301.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this
section
Ordinance 888
Page 76 of 84
shall comply with the International Fire Code. and International Property Maintenance Code.
(Reason: NCTCOG does not currently review the IPMC for recommended amendments at this
time.)
***Section 1301.3.3 Compliance with Flood Hazard Paovisions; delete this section:
(Reason: Flood hazard ov�dinances may be administered by other departments within the city.)
���Section 1402.6 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ov�dinances may be administered by othev�depav�t�nents within the city.)
Section 15-43 Amendments to the 2017 National Electrical Code.
The following articles,paragraphs, and sentences of the 2017 National Electrical Code (NEC)
are hereby amended as follows: Standard type is text from the NEC. Underlined ty�e is text
inserted. r ;„�a *'�r^„rt'� *�m� ;� a�'�*�a *��* �^m '`r��' A double asterisk (**) at the beginning
of an article identifies an amendment carried over from the 2014 edition of the code and a triple
asterisk (***) identifies a new or revised amendment with the 2017 code.
**Article 100; add the following to definitions:
En ing eering Su�ervision. Supervision bv a Qualified State of Texas Licensed Professional
En�ineer enga�ed primaril,y in the desi�n or maintenance of electrical installations.
(REASONFOR CHANGE.• To better define the qualifications for engineering supervision.
This term is used twenty four times in the 2017 National Electrical Code.)
***Article 100; remove the amendment to the following definition:
Intersystem Bonding Termination. A device that provides a means for connecting intersystem
bonding conductors for communication systems �„a �*'��r ��,�*�m� �„�'� �� m�*�";� ��� N;N;r�
� to the grounding electrode system.
i.,,.,.o,-��,,,,, ti n�a�r
(REASONFOR CHANGE.• Remove the above amendment. Updates to the 2017 National
Electrical Code Article 250.94L) onlv accommodate connectin�communication systems to
an intersystem bonding termination device, but Article 250.94�8) provides an alternative or
other means.
,;*� f�„ ��,,,,�a;,� ,�a„�f,,,, „ „a*� f�„ ,�*.,,� ,nf,,,�� �,�,�a;,�,.
�� e .
Ordinance 888
Page 77 of 84
**Article 110.2; change the following to read as follows:
110.2 ApprovaL The conductors and equipment required or permitted by this Code shall be
acceptable only if approved. Approval of equipment may be evident by listing and labeling of
equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that
laboratory or a qualified third party inspection agency approved by the AHJ.
Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is
field modified is subject to the approval by the AHJ. This approval may be by a field
evaluation by a NRTL or qualified third party inspection agency approved by the AHJ.
�
+1 S�iT
Informational Note No. 1: See 90.7, Examination of Equipment for Safety, and 110.3,
Examination, Identification, Installation, and Use of Equipment. See definitions of Approved,
Identified,Labeled, and Listed.
Informational Note No. 2: Manufacturer's self-certification of ec�uipment mav not necessarilX
complv with U.S. product safety standards as certified by an NRTL.
Informational Note No. 3: National Fire Protection Association (NFPA) 790 and 791 provide
an example of an a�roved method for c�ualifying a third partv ins�ection a_genc�
(REASON FOR CHANGE.• To add claritv and�rovide more�ositive o�tions for enforcement
and a�proval of unlisted ec�ui�ment.�
���A�ticle 210.52(G) (1) Ga�ages: remove the amendment that deleted the following:
(1) Garages. In each attached garage and in each detached garage with electric power. �
. At
least one receptacle outlet shall be installed for each car space.
(REASONFOR CHANGE.• U�dates to this section in the 2017 National Electrical Code
provided relief bv removin� "shall not su�plv outlets outside of the gav�a��
�**Article 230.71(A); remove the amendment that added the following exception:
Ordinance 888
Page 78 of 84
(REASON FOR CHANGE: This is below the mini�num standard of the 2017 National
Electrical Code ado�ted bv the State of�Texas.�
���Article 300.11; remove the amendment that added the following exception:
, ,
mi•l�£i„�,,,,'�, ,�, c�C��iu�6"irzv��ttG�rZ� ��rrc�
(REASONFOR CHANGE.• This is below the minimum standard ofthe 2017 National
Electrical Code adopted bv the State o Texas.�
***Article 310.15(B) (7); remove the amendment that changed the following to read as
follows:
�t,.,ii ,,,.�t.o, o,a ; ,.�;,.,, . ,;�t, ��n Q�
(REASONFOR CHANGE.• Upon review of the 2014 and 2017 code-makin�panel 6 and in
con1unction with the wire manu acturing industry, based on the diversi acation of loads in
modern constr�uction, this amendment becomes irrelevant.)
**Article 500.8 (A) (3); change to read as follows:
500.8 Equipment.
Articles 500 through 504 require equipment construction and installation that ensure safe
performance under conditions of proper use and maintenance.
Informational Note No. L• It is important that inspection authorities and users exercise more
than ordinary care with regard to installation and maintenance.
Informational Note No. 2: Since there is no consistent relationship between eXplosion
properties and ignition temperature, the two are independent requirements.
Informational Note No. 3: Low ambient conditions require special consideration. Explosion
proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than
-25°C
(-13°F) unless they are identified for low-temperature service. However, at low ambient
temperatures, flammable concentrations of vapors may not exist in a location classified as
Class I, Division 1 at normal ambient temperature.
Ordinance 888
Page 79 of 84
(A) Suitability. Suitability of identified equipment shall be determined by one of the
following:
(1) Equipment listing or labeling;
(2) Evidence of equipment evaluation from a qualified testing laboratory or inspection
agency concerned with product evaluation; or,
(3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-
evaluation or ^r ^�T���r'� �r�����r��� ^�a���r*. an en in� eerin�jud mg ent signed and
sealed by a qualified��licensed Professional Engineer in the State of TeXas.
Informational Note: Additional documentation for equipment may include certificates
demonstrating compliance with applicable equipment standards, indicating special conditions
of use, and other pertinent information.
(REASON FOR CHANGE: Carry over fi^om previous amendment with change to better define
the qualifications for an engineering judgment.)
**Article 505.7(A) changed to read as follows:
505.7 Special Precaution.
Article 505 requires equipment construction and installation that ensures safe performance
under conditions of proper use and maintenance.
Informational Note No. L• It is important that inspection authorities and users exercise more
than ordinary care with regard to the installation and maintenance of electrical equipment in
hazardous (classified) locations.
Informational Note No. 2: Low ambient conditions require special consideration. Electrical
equipment depending on the protection techniques described by 505.8(A) may not be suitable
for use at temperatures lower than -20°C (-4°F)unless they are identified for use at lower
temperatures. However, at low ambient temperatures, flammable concentrations of vapors
may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature.
(A) Implementation of Zone Classification System. Classification of areas, engineering
and design, selection of equipment and wiring methods, installation, and inspection
shall be performed by a qualified���'�;��licensed Professional En�ineer in
the State of Texas.
(REASON FOR CHANGE: Cav�ry over from previous amendment with change to better define
the qualifications for an engineering judgment.)
�**Article 517.30 Essential Electrical Systems for Hospitals; remove the amendment
that created a new (H) and added the following language:
Ordinance 888
Page 80 of 84
(G) Coordination. Overcurrent protective devices serving the�e�t��c���,
essential electrical system shall be coordinated for the period of time that a fault's duration
extends beyond 0.1 second.
Exception No. 1: Between transformer primary and secondary overcurrent protective devices,
where only one overcurrent protective device or set of overcurrent protective
devices exists on the transformer secondary.
Exception No. 2: Between overcurrent protective devices of the same size (ampere rating) in
series.
Informational Note: The terms coordination and coordinated as used in this section do not
cover the full range of overcurrent conditions.
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(REASONFOR CHANGE.• Due to no action bv the 2017 code-making�anel 15 and NFPA
99, this amendment is not a�plicable.)
�**Article 600.6(A) (1) At Point of Entry to a Sign; Exception 1 changed to read as
follows:
Exception No.l: A disconnect shall not be required for branch circuits(s) or feeder
conductor(s)passing through the sign where enclosed in a Chapter 3 listed raceway or metal-
jacketed cable identified for the location. The conductor(s) shall not serve the sign body or
si�n enclosure where passin th�rou�h.
Ordinance 888
Page 81 of 84
���Article 600.6(A) (1) At Point of Entry to a Sign; create a new Exception No. 2 to add
the following language:
Exception No. 2. A disconnect shall not be rec�uired at the point of entry to a si�body, si�n
enclosure, or�ole for branch circuit conductor(s). The conductors shall be enclosed in a
Chapter 3 listed raceway or metal jacketed cable identified for the location. The conductor(s)
shall be routed to a device box which contains the disconnect. A field-a�plied permanent
warning label that is visible durin�servicing shall be ap�lied to the raceway at or near the
point of entry into the sign enclosure or sign body. The warnin�label shall comply with
110.21(B) and state the followin : `g `Danger. This raceway contains energized conductors."
The marking shall include the location of the disconnectin�means for the ener iz�ed
conductar(s). The disconnecting means shall be capable of being locked in the open position
in accordance with 110.25.
���Article 600.6(A) (1) At Point of Entry to a Sign; move the original Exception 2 to
create a new Exception No. 3 and add the following language:
Exception No. 3: A disconnect shall not be required at the point of entry to a sign enclosure or
si�n bodv for branch circuit(s) or feeder conductor(s) that su�lv an internal panelboard(s) in
a sign enclosure or si�y. The conductors shall be enclosed in a Chapter 3 listed raceway
or metal jacketed cable identified for the location. A field-a�plied permanent warnin_ lg abel
that is visible during servicing shall be applied to the raceway at or near the point of entr.�
the sign enclosure or si_�y. The warnin�label shall com�lv with 110.218) and state the
followin : `g `Danger. This raceway contains energized conductors." The marking shall include
the location of the disconnectin�means for the ener�ized conductor(s). The disconnectin�
means shall be capable of being locked in the open position in accordance with 110.25.
(2017 Code) Informational Note: The location of the disconnect is intended to allow service
or maintenance personnel complete and local control of the disconnecting means.
(REASONFOR CHANGE.• This is a modification of the nationwide sign manufacturing
practice that was standard before the 2014 Code revision. It is more reasonable but not less
than the current Code requirements. It provides local control of the disconnect by service
personnel as the informational note suggests, while requiring a sign disconnect to be at or
within sight of the sign. This also allows sign designers more flexibility in the placement of
the disconnecting means in relation to the location of the sign.)
***Article 680.25(A) remove the amendment that added the following language and
exception:
680.25 Feeders.
These provisions shall apply to any feeder on the supply side of panelboards supplying branch
circuits for pool equipment covered in Part II of this article and on the load side of the service
equipment or the source of a separately derived system.
Ordinance 888
Page 82 of 84
(A)Wiring Methods.
(1) Feeders. Feeders shall be installed in rigid metal conduit, intermediate metal conduit. The
following wiring methods shall be permitted if not subject to physical damage:
(1) Liquid-tight fleXible nonmetallic conduit
(2) Rigid polyvinyl chloride conduit
(3) Reinforced thermosetting resin conduit
(4) Electrical metallic tubing where installed on or in a building
(5) Electrical nonmetallic tubing where installed within a building
(6) Type MC Cable where installed within a building and if not subject to corrosive
environment
�"`��t-�i,. ��,o„��,o,a ,.,,i..io
���
(REASON FOR CHANGE: U�dates to this section in the 2017 National Electrical Code
provided relief bv �'ecognizing these wi�ing methods.�
- �
Section 18-44— Section 18-60 Reserved.
Ordinance 888
Page 83 of 84
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
eXceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake.
Each 24-hour period of violation, and each separate act or condition in violation of this Chapter,
shall constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections,paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs ar sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase,
sentence,paragraph or section.
SECTION 7: This ordinance shall take effect October 1, 2019 from and after its
passage as the law in such case provides.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST 2019.
ATTEST:
Laura L. Wheat, Mayor
APPROVED AS TO FORM:
Kelly Edwards, Town Secretary
L. Stanton Lowry, Town Attorney
Ordinance 888
Page 84 of 84
Westlake Town Council
T H E T D W N 0 F
TYPE OF ACTION W E S T L A K E
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Consider approval of a Resolution approving the declaration of Covenants,
Conditions,and Restrictions and Design Guidelines for the Knolls at Solana
STAFF Co1vTACT: Ron Ruthven, Director of Planning and Development
Strategic Alignment
� �
i i � . � . .: . ' • � �
High Quality Planning, Design &
Planned/Responsible Cirizen, Student& Development-We are a desirable well preserve Desirability
Development Stakeholder Planned, high-quality community that &Quality of Life
is disringuished by exemplary design
standards.
�
Outside the Scope of Identified Strategic Initiatives
Time Line- Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This item includes the approval of the declaration of Covenants, Conditions, and Restrictions
(CCR's) and Design Guidelines for the Knolls at Solana. Approval of this item satisfies the
following requirements as previously approved by the Town Council:
• The Knolls at Solana(PD6) zoning ordinance - Ordinance 846, EXhibit B, Section 2(J)
� The Knolls at Solana Development Agreement for Subdivision Improvements—Resolution
18-49, EXhibit A, Section 12
Page 1 of 2
Construction of streets and other subdivision improvements are currently underway in the
development with final completion tentatively scheduled for early 2020 according to the
developer. Upon approval of this item, the remaining items to be approved by the Town Council
prior to final acceptance of improvements and release of building permits in development are:
approval of a final amendment to the original development agreement in order to address
outstanding items listed in the original development agreement including public parkland
requirements; approval of the final plat.
SUMMARY AND RECOMMENDATION
The attached declaration of Covenants,Conditions, and Restrictions and Design Guidelines for the
Knolls at Solana comply with the zoning and development agreement requirements for the
development as described herein. The Staff recommends approval.
ATTACHMENTS
Resolution containing the declaration of Covenants, Conditions, and Restrictions and Design
Guidelines for the Knolls at Solana
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION 19-23
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICIONS AND DESIGN GUIDELINES FOR THE KNOLLS AT SOLANA,
LOCATED IN THE PLANNED DEVELOPMENT NUMBER 6 (PD6) ZONING
DISTRICT.
WHEREAS, the Town is a duly created and validly existing Type A General Law
Municipality, created under the laws of the State of TeXas, including particularly, but not by way
of limitation, Chapter 51, Texas Local Government Code ("LGC"); and
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments, Deloitte University,
and Charles Schwab, residential developments such as Vaquero, Glenwyck Farms, Terra Bella,
Granada, Entrada and the Knolls at Solana which are consistent with the Town's Comprehensive
Plan; and,
WHEREAS, the Town of Westlake (Town) and Wilbow-Solana LLC, (the Developer)
desire to foster a cooperative partnership to continue this planned growth through standards that
ensure high quality development within the Town in the development known as The Knolls at
Solana; and
WHEREAS, The Knolls at Solana Development Agreement for Subdivision
Improvements, approved by Resolution 18-49 on December 10, 2018, requires Town Council
approval of the Declaration of Covenants, Conditions and Restrictions and Design Guidelines;
and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, TeXas, hereby approves
the Knolls at Solana Declaration of Covenants, Conditions and Restrictions attached hereto as
Exhibit "A". and the Knolls at Solana Design Guidelines attached hereto as Exhibit "B".
Resolution 19-23
Page 1 of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26r" DAY OF AUGUST, 2019.
Laura Wheat, Mayor
ATTEST:
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
Stan Lowry, Town Attorney
Resolution 19-23
Page 2 of 2
/ �
� ��
After Recordin�Return to: �
Robert D.Burton
Winstead PC
401 Congress Ave., Suite 2100
Austin,Texas 78701
email:rburton@winstead.com
�'�- x
.��
'r\ [ �Y
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
THE KNOLLS AT SOLANA
[TARRANT COUNTY, TEXAS]
Declarant: Wilbow-Solana LLC,a Texas limited liability company
This Dedaration of Covenants, Conditions and Restrictions may be used only in connection with the
residential community known as The Knolls at Solana in Tarrant County, Texas and the operation of
The Knolls at Solana Residential Community,Inc.
4825-0959-4994v.10 59948-2
Res 19-23
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE KNOLLS AT SOLANA
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS.....................................................................................................................1
ARTICLE 2 USE RESTRICTIONS.........................................................................................................6
2.1 General.................................................................................................................................7
2.2 Conceptual Plans................................................................................................................8
2.3 Single-Family Residential Use..........................................................................................8
2.4 Rentals .................................................................................................................................9
2.5 Subdividing.......................................................................................................................10
2.6 Hazardous Activities.......................................................................................................10
2.7 Insurance Rates.................................................................................................................10
2.8 Mining and Drilling.........................................................................................................11
2.9 Water Bodies.....................................................................................................................11
2.10 Noise..............................................................................................................................11
2.11 Animals-Household Pets..........................................................................................11
2.12 Rubbish and Debris......................................................................................................12
2.13 Trash Containers..........................................................................................................12
2.14 Maintenance..................................................................................................................12
2.15 Street Landscape Area-Owner's Obligation to Maintain Landscaping................13
2.16 Antennas........................................................................................................................13
2.17 Location of Permitted Antennas................................................................................14
2.18 Signs...............................................................................................................................14
2.19 Flags-Approval Requirements.................................................................................15
2.20 Flags-Installation and Display.................................................................................16
2.21 Tanks..............................................................................................................................17
2.22 Temporary Structures..................................................................................................17
2.23 Unsightly Articles;Vehicles........................................................................................17
2.24 Basketball Goals;Permanent and Portable...............................................................18
2.25 Compliance with Restrictions ....................................................................................18
2.26 Liability of Owners for Damage to Common Area.................................................19
2.27 No Warranty of Enforceability...................................................................................19
2.28 Party Wall Fences.........................................................................................................19
2.29 No Tennis or Recreational Courts;Playscapes........................................................20
2.30 Decorations and Lighting............................................................................................20
2.31 Clotheslines;Window Air Conditioners...................................................................20
2.32 Dumping.......................................................................................................................20
2.33 Restriction on Use of Common Area.........................................................................21
2.34 Water Quality Facilities,Drainage Facilities and Drainage Ponds.......................21
i
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
Table of Contents
(Continued)
Pa�e
2.35 Homebuilder Exemption............................................................................................21
ARTICLE 3 CONSTRUCTION RESTRICTIONS............................................................................21
3.1 Approval for Construction.............................................................................................21
3.2 Masonry Requirements...................................................................................................21
3.3 Minimum Square Footage ..............................................................................................21
3.4 Garages..............................................................................................................................21
3.5 Fences; Sidewalks.............................................................................................................22
3.6 Building Restrictions........................................................................................................22
3.7 Alteration or Removal of Improvements......................................................................22
3.8 Drainage............................................................................................................................22
3.9 Construction Activities....................................................................................................22
3.10 Roofing..........................................................................................................................22
3.11 Swimming Pools...........................................................................................................23
3.12 Solar Energy Device.....................................................................................................23
3.13 Rainwater Harvesting Systems..................................................................................23
3.14 Xeriscaping....................................................................................................................24
3.15 Permitted Grasses and Plants.....................................................................................25
ARTICLE 4 THE KNOLLS AT SOLANA RESIDENTIAL COMMUNITY,INC........................26
4.1 Organization.....................................................................................................................26
4.2 Membership......................................................................................................................26
4.3 Governance.......................................................................................................................27
4.4 Voting Rights....................................................................................................................27
4.5 Powers ...............................................................................................................................28
4.6 Conveyance of Common Area to the Association.......................................................31
4.7 Indemnification................................................................................................................31
4.8 Insurance...........................................................................................................................32
4.9 Bulk Rate Contracts..........................................................................................................32
4.10 Community Systems....................................................................................................33
4.11 Declarant's Right to Contribute to Revenues of the Association..........................33
4.12 Protection of Declarant's Interests.............................................................................33
4.13 Administration of Common Area..............................................................................33
4.14 Private Streets...............................................................................................................34
4.15 Notices and Disclaimers as to Security Systems......................................................34
4.16 Merger............................................................................................................................35
4.17 Right of Action by Association...................................................................................35
ARTICLE5 INSURANCE......................................................................................................................35
5.1 Insurance...........................................................................................................................35
5.2 Restoration........................................................................................................................36
5.3 Mechanic's and Materialmeri s Lien..............................................................................37
ARTICLE 6 COVENANT FOR ASSESSMENTS..............................................................................37
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
Table of Contents
(Continued)
Pa�e
6.1 Assessments......................................................................................................................37
6.2 Maintenance Fund...........................................................................................................37
6.3 Regular Annual Assessments.........................................................................................37
6.4 Working Capital Assessment.........................................................................................38
6.5 Special Assessments.........................................................................................................39
6.6 Individual Assessments..................................................................................................39
6.7 Amount of Assessment...................................................................................................39
6.8 Late Charges.....................................................................................................................40
6.9 Owner's Personal Obligation; Interest..........................................................................40
6.10 Assessment Lien and Foreclosure..............................................................................40
6.11 Exempt Property..........................................................................................................42
6.12 Fines and Damages Assessment................................................................................42
ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE..........................................................43
7.1 Construction of Improvements......................................................................................43
7.2 Architectural Control Committee..................................................................................43
ARTICLE 8 MORTGAGE PROVISIONS..........................................................................................46
8.1 Notice of Action................................................................................................................46
8.2 Examination of Books......................................................................................................47
8.3 Taxes,Assessments and Charges...................................................................................47
ARTICLE 9 GENERAL PROVISIONS ...............................................................................................47
9.1 Term...................................................................................................................................47
9.2 Eminent Domain..............................................................................................................47
9.3 Amendment......................................................................................................................48
9.4 Roadway and Utility Easements....................................................................................48
9.5 Enforcement......................................................................................................................48
9.6 Higher Authority .............................................................................................................49
9.7 Severability........................................................................................................................49
9.8 Conflicts.............................................................................................................................49
9.9 Gender...............................................................................................................................49
9.10 Acceptance by Grantees..............................................................................................49
9.11 Damage and Destruction............................................................................................50
9.12 No Partition...................................................................................................................50
9.13 Notices...........................................................................................................................51
9.14 View Impairment.........................................................................................................51
9.15 Safety and Security.......................................................................................................51
ARTICLE 10 EASEMENTS ...................................................................................................................51
10.1 Right of Ingress and Egress........................................................................................51
10.2 Reserved Easements....................................................................................................52
10.3 Utility Easements.........................................................................................................52
10.4 Subdivision Entry and Fencing Easement................................................................53
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
Table of Contents
(Continued)
Pa�e
10.5 Monument Sign Easement..........................................................................................53
10.6 Landscape Maintenance Easement............................................................................53
ARTICLE 11 DEVELOPMENT RIGHTS............................................................................................53
11.1 Development by Declarant.........................................................................................53
11.2 Special Declarant Rights..............................................................................................54
11.3 Addition of Land..........................................................................................................54
11.4 Withdrawal of Land.....................................................................................................55
11.5 Assignment of Declarant's Rights..............................................................................55
ARTICLE 12 DISPUTE RESOLUTION..............................................................................................55
12.1 Introduction and Definitions......................................................................................55
12.2 Mandatory Procedures................................................................................................56
12.3 Claim Affecting Common Areas................................................................................56
12.4 Notice.............................................................................................................................57
12.5 Negotiation...................................................................................................................58
12.6 Mediation......................................................................................................................58
12.7 Termination Of Mediation..........................................................................................58
12.8 Binding Arbitration-Claims........................................................................................59
12.9 Allocation Of Costs......................................................................................................60
12.10 General Provisions.......................................................................................................61
12.11 Period of Limitation.....................................................................................................61
12.12 Funding Arbitration and Litigation...........................................................................61
iv
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE KNOLLS AT SOLANA
This Declaration of Covenants, Conditions and Restrictions (the "Declaratiori') is made
by WILBOW-SOLANA LLC, a Texas limited liability company (the "Declarant"), and is as
follows:
RECITALS:
A. This Declaration is filed with respect to Lots 2 through 20, Block A; Lots 2
through 4, 6 through 11, 13 through 15, 18 through 20, 22 through 25, and 27 through 30,
Block B; and Lots 2 through 15, Block C; Knolls at Solana, a subdivision in Tarrant County
Texas, according to the plat Recorded under Instrument No. Official
Public Records of Tarrant County, Texas (the "Property"). Declarant is the owner of the
Property.
B. Declarant desires to create and carry out a uniform plan for the development,
improvement, and sale of the Property.
C. By the Recording of this Declaration, Declarant serves notice that the Property is
subject to the terms and provisions of this Declaration.
NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof)
will be held sold, conveyed, and occupied subject to the following covenants, conditions and
restrictions which will run with such portions of the Property and will be binding upon all
parties having right, title, or interest in or to such portions of the Property or any part thereof,
their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii)
that each contract or deed conveying the Property (or any portion thereof) will conclusively be
held to have been executed, delivered, and accepted subject to the following covenants,
conditions and restrictions, regardless of whether or not the same are set out in full or by
reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the
reader. If there is a conflict between any note and the text of the Declaration, the text will
control.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases
when used in this Declaration will have the meanings hereinafter specified:
"Access Gates" mean any subdivision entry facilities serving the Property, including,
but not limited to, gates, call boxes, controllers and all other facilities associated with operation
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
of gates restricting access to the Private Streets. The Access Gates are designated hereby as
Common Area.
"Applicable Law" means all statutes, public laws, ordinances, policies, rules,
regulations and orders of all federal, state, county and municipal governments or their agencies
having jurisdiction and control over the Property in effect at the time a provision of the
Restrictions is applied, and pertaining to the subject matter of the Restriction provision, and all
other ordinances and any other applicable building codes, zoning restrictions and permits or
other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions
are "Applicable Law" on the date of the Restrictions, and are not intended to apply to the
Property if they cease to be applicable by operation of law, or if they are replaced or superseded
by one or more other statutes or ordinances.
"Architectural Control Committee" or "ACC" means the committee created pursuant
to this Declaration to review and approve or deny plans for the construction, placement,
modification, alteration or remodeling of any Improvements on a Lot. As provided in Article 7
below, the Declarant acts as the ACC and the ACC is not a committee of the Association until
the Declarant has assigned its right to appoint and remove all ACC members to the Association
in a Recorded and written instrument.
"Assessment" or "Assessments" means all assessments imposed by the Association
under this Declaration.
"Assessment Unit" has the meaning set forth in Section 6.7.2.
"Association" means The Knolls at Solana Residential Community, Inc., a Texas non-
profit corporation, which will be created by Declarant to exercise the authority and assume the
powers specified in Article 4 and elsewhere in this Declaration. The failure of the Association to
maintain its corporate charter from time to time does not affect the existence or legitimacy of the
Association, which derives its authority from this Declaration, the Certificate, the Bylaws, and
Applicable Law.
"Board" means the Board of Directors of the Association.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are
entered into by the Association for the provision of utility services or other services of any kind
or nature to the Lots. The services provided under Bulk Rate Contracts may include, without
limitation, cable television services, telecommunications services, internet access services,
"broadband" services, security services, trash pickup services, propane service, natural gas
service, lawn maintenance services, wastewater services, and any other services of any kind or
nature which are considered by the Board to be beneficial to all or a portion of the Property.
Each Bulk Rate Contract must be approved in advance and in writing by the Declarant until
expiration or termination of the Development Period.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
"Bvlaws„ means the bylaws of the Association, which may be initially adopted and
Recorded by Declarant or the Board of the Association and Recorded as part of the initial
project documentation for the benefit of the Association. The Bylaws may be amended, from
time to time, by the Declarant until expiration or termination of the Development Period. Any
amendment to the Bylaws proposed by the Board must be approved in advance and in writing
by the Declarant until expiration or termination of the Development Period. Upon expiration of
the Development Period, the Bylaws may be amended by a Majority of the Board.
"Certificate" means the Certificate of Formation of the Association, filed in the Office of
the Secretary of State of Texas, as the same may be amended from time to time.
"Common Area" means any property and facilities that the Association owns or in
which it otherwise holds rights or obligations, including, without limitation, the Conservation
Area (defined below) and any property or facilities held by the Declarant for the benefit of the
Association or its Members. Common Area includes any property that the Association holds
under a lease, license, or any easement in favor of the Association. Some Common Area will be
solely for the common use and enjoyment of the Owners, while other portions of the Common
Area may be for the use and enjoyment of the Owners and members of the public.
"Community Manual" means the community manual of the Association, which may be
initially adopted and Recorded by the Declarant or the Board of the Association and Recorded
as part of the initial project documentation for the benefit of the Association and the Property.
The Community Manual may include the Bylaws, Rules and Regulations and other policies
governing the Association. The Bylaws, Rules and Regulations and other policies set forth in
the Community Manual may be amended, from time to time, by the Declarant until expiration
or termination of the Development Period. Any amendment to the Bylaws, Rules and
Regulations and other policies governing the Association prosecuted by the Board must be
approved in advance and in writing by the Declarant until expiration or termination of the
Development Period. Upon expiration or termination of the Development Period, the
Community Manual may be amended by a Majority of the Board.
"Community Systems" means the Access Gates and any and all cable television,
telecommunications, alarm/monitoring, internet, telephone or other lines, conduits, wires,
amplifiers, towers, antennae, satellite dishes, equipment, materials and installations and fixtures
(including those based on, containing and serving future technological advances not now
known), if installed by Declarant pursuant to any grant of easement or authority by Declarant
within the Property.
"Conservation Area" means that certain 22.892-acre tract of land adjacent to the
Property, as more particularly described on Exhibit A of the Conservation Area Deed (defined
below). The Conservation Area is subject to certain use restrictions as set forth in the
Conservation Area Deed, in addition to any Rules and Regulations as may be adopted by the
Declarant until the expiration or termination of the Development Period and by the Board
thereafter.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
"Conservation Area Deed" means that certain Special Warranty Deed conveying the
Conservation Area from the Declarant to the Town of Westlake, recorded under pocument No.
D219086822, Official Public Records of Tarrant County, Texas.
"Declarant" means WILBOW-SOLANA LLC, a Texas limited liability company, its
successors or assigns; provided that any assignment(s) of the rights of WILBOW-SOLANA
LLC, a Texas limited liability company, as Declarant, must be expressly set forth in writing and
Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the
Property which are described in this Declaration. Many of these rights do not
terminate until either Declarant: (i)has conveyed all Lots which may be created out of
the Property; or (ii) voluntarily terminates these rights by a Recorded written
instrument.
"Desig,n Guidelines" means the standards for design, construction, landscaping, and
exterior items proposed to be placed on any Lot adopted pursuant to Section 7.2.3, as the same
may be amended from time to time. The Design Guidelines may consist of multiple written
design guidelines applying to specific portions of the Property. At Declarant's option, Declarant
may adopt or amend from time to time the Design Guidelines for the Property or any portion
thereof. Notwithstanding anything in this Declaration to the contrary, Declarant will have no
obligation to establish Design Guidelines for the Property or any portion thereof.
"Development Agreement" means that certain Development Agreement by and
between the Declarant and the Town dated effective , 20
"Develo�ment Period" means the period of time beginning on the date when this
Declaration has been Recorded, and ending twenty-four (24) months after the date that
Declarant no longer owns any portion of the Property, unless earlier terminated by a Recorded
written instrument executed by the Declarant. The Development Period is the period in which
Declarant reserves the right to facilitate the development, construction, and marketing of the
Property, and the right to direct the size, shape and composition of the Property
"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the
construction of a single family residence for resale to a third party.
"Im�rovement" means all physical enhancements and alterations to the Property,
including but not limited to grading, clearing, removal of trees, alteration of drainage flow, and
site work, and every structure and all appurtenances of every type and kind, whether
temporary or permanent in nature, including, but not limited to, buildings, outbuildings,
storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming pools, putting
greens, garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences,
gates, screening walls, retaining walls, stairs, patios, decks, walkways, landscaping, mailboxes,
-4-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
poles, signs, antennas, exterior air conditioning equipment or fixtures, exterior lighting fixtures,
water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines,
meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric,
telephone, regular or cable television, or other utilities.
"Lot" means any portion of the Property designated by Declarant or as shown as a
subdivided Lot on a Plat other than Common Area.
"Ma�orit�"means more than half.
"Manager" has the meaning set forth in Section 4.5.8.
"Members" means every person or entity that holds membership privileges in the
Association.
"Mort�a�e" or "Mortga�es" means any mortgage(s) or deed(s) of trust securing
indebtedness and covering any Lot.
"Mortga�ee" or "Mortga�ees" means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a
portion of the fee simple interest in any Lot, but does not include the Mortgagee under a
Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the
lien of its Mortgage.
"Plat" means a Recorded subdivision plat of any portion of the Property and any
amendments thereto.
"Private Streets" means Lot 31X, Block B, Knolls at Solana, a subdivision in Tarrant
County Texas, according to the plat Recorded under Instrument No.
Official Public Records of Tarrant County, Texas, consisting of private roadways known as
Hidden Oak Trail, Highpoint Trail, Deer Run Drive, Forest Knoll Drive, Blackjack Oak Trail,
Highcrest Drive, Spanish Oak Trail and Knollwood Drive. The Private Streets shall be used for
vehicular and pedestrian ingress and egress to and from the Lots and are designated hereby as
Common Area.
"Pro�ert�" means Lots 2 through 20, Block A;Lots 2 through 4, 6 through 11, 13 through
15, 18 through 20, 22 through 25, and 27 through 30, Block B; and Lots 2 through 15, Block C;
Knolls at Solana, a subdivision in Tarrant County Texas, according to the plat Recorded under
Instrument No. , Official Public Records of Tarrant County, Texas, subject to such
additions thereto and deletions therefrom as may be made pursuant to Section 11.3 and Section
11.4 of this Declaration.
"Record, Recordin�, Recordation and Recorded" means recorded or to be recorded in
the Official Public Records of Tarrant County, Texas.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
"Resident" means an occupant or tenant of a Lot, regardless of whether the person
owns the Lot.
"Restrictions" means the restrictions, covenants, and conditions contained in this
Declaration, the Design Guidelines, Bylaws, Community Manual, Rules or policies promulgated
by the Board and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules and Regulations" means any instrument, however denominated, which is
adopted by the Board for the regulation and management of the Property, including any
amendments to those instruments.
"Solar Energy Device" means a system or series of inechanisms designed primarily to
provide heating or cooling or to produce electrical or mechanical power by collecting and
transferring solar-generated energy. The term includes a mechanical or chemical device that
has the ability to store solar-generated energy for use in heating or cooling or in the production
of power.
"Town" means the Town of Westlake, Texas.
TABLE 1:RESTRICTIONS
Declaration(Recorded) Creates obligations that are binding upon the Association
and all resent and future owners of Pro ert .
Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws(Recorded) Governs the Associatiori s internal affairs, such as elections,
meetings,etc.
Community Manual (Recorded) Establishes rules and policies governing the Association.
Design Guidelines(if adopted, Governs the design and architectural standards for the
Recorded) construction of Improvements and modifications thereto.
The Declarant shall have no obligation to adopt the Design
Guidelines.
Rules and Regulations (if adopted, Regulates the use of property, activities, and conduct within
Recorded) the Property.
Board Resolutions (adopted by the Board Establishes rules, policies, and procedures for the Property,
of the Association) Owners and the Association.
ARTICLE 2
USE RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the following limitations and restrictions:
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
2.1 General.
2.1.1 Conditions and Restrictions. All Lots within the Property will be
owned,held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE
The Restrictions are subject to change from time to time. By owning or occupying a
Lot, you agree to remain in compliance with the Restrictions, as they may change
from time to time.
2.1.2 Ordinances. Ordinances and requirements imposed by local
governmental authorities are applicable to all Lots within the Property. Compliance with the
Restrictions is not a substitute for compliance with such ordinances and regulations. Please be
advised that the Restrictions do not purport to list or describe each ordinance or regulation
which may be applicable to a Lot located within the Property. Each Owner is advised to review
all ordinances, requirements, regulations and encumbrances affecting the use and improvement
of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the
ACC should not be construed by the Owner that any Improvement complies with the terms and
provisions of any ordinances, requirements, regulations or encumbrances which may affect the
Owner's Lot. Certain encumbrances may benefit parties whose interests are not addressed by
the ACC.
2.1.3 Com�liance with Develo�ment Agreement and Conservation Area Deed.
The Association, each Owner, Homebuilder, Resident or other user of any portion of the
Property must comply with the Restrictions and Applicable Law, as well as those certain
obligations and requirements set forth in the Development Agreement and the Conservation
Area Deed.
(i) The Development Agreement contains certain development and
maintenance standards for Lots and residential homes constructed on the
Lots. Each Owner and Homebuilder is advised to review the
Development Agreement prior to acquisition of a Lot and prior to
commencement of construction of any Improvements on the Property. In
the event of any conflict between the Restrictions and the Development
Agreement, the Development Agreement shall control.
(ii) The Conservation Area Deed contains certain rights, obligations and
restrictions (the "Conservation Area Restrictions") regarding the use of
and access to the Conservation Area. Each Owner and Homebuilder is
advised to review the Conservation Area Restrictions prior to acquisition
of a Lot and prior to commencement of construction of any
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
Improvements on the Property. In the event of any conflict between the
Restrictions and the Conservation Area Restrictions, the Conservation
Area Restrictions shall control.
2.2 Conce�tual Plans. All master plans, site plans, brochures, illustrations,
information and marketing materials relating to the Property (collectively, the "Conceptual
Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The
land uses and Improvements reflected on the Conceptual Plans are subject to change at any
time and from time to time, and it is expressly agreed and understood that land uses within the
Property may include uses which are not shown on the Conceptual Plans. Neither Declarant
nor any Homebuilder or other developer of any portion of the Property makes any
representation or warranty concerning such land uses and Improvements shown on the
Conceptual Plans or otherwise planned for the Property and it is expressly agreed and
understood that no Owner will be entitled to rely upon the Conceptual Plans in making the
decision to purchase any land or Improvements within the Property. Each Owner who acquires
a Lot within the Property acknowledges that development of the Property will likely extend
over many years, and agrees that the Association will not engage in, or use Association funds to
support, protest, challenge, or make any other form of objection to development of the Property
or changes in the Conceptual Plans as they may be amended or modified from time to time.
2.3 Single-Famil� Residential Use . The Lots shall be used solely for single-family
residential purposes. The Lots may not be used for any other purposes without the prior
written consent of the Declarant, which consent may be withheld by the Declarant in its sole
and absolute discretion. No professional, business, or commercial activity to which the general
public is invited shall be conducted on any portion of a Lot, except an Owner or Resident may
conduct business activities within a residence so long as: (i) such activity complies with all the
applicable zoning ordinances (if any); (ii) participation in the business activity is limited to the
Owner(s) or Resident(s) of a residence; (iii) the existence or operation of the business activity is
not apparent or detectable by sight, i.e., no sign may be erected advertising the business within
the Property, sound, or smell from outside the residence; (iv) the business activity does not
involve door-to-door solicitation of residents within the Property; (v) the business does not, in
the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles
parked within the Property which is noticeably greater than that which is typical of residences
in which no business activity is being conducted; (vi) the business activity is consistent with the
residential character of the Property and does not constitute a nuisance, or a hazardous or
offensive use, or threaten the security or safety of other Residents within the Property as may be
determined in the sole discretion of the Board; and (vii) the business does not require the
installation of any machinery other than that customary to normal household operations. In
addition, for the purpose of obtaining any business or commercial license, neither the residence
nor Lot will be considered open to the public. The terms "business" and "trade", as used in this
provision, shall be construed to have their ordinary, generally accepted meanings and shall
include, without limitation, any occupation, work, or activity undertaken on an ongoing basis
which involves the provision of goods or services to persons other than the provider's family
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and for which the provider receives a fee, compensation, or other form of consideration,
regardless of whether: (x) such activity is engaged in full or part-time; (y) such activity is
intended to or does generate a profit; or (z) a license is required.
Leasing of a residence shall not be considered a business or trade within the meaning of
this subsection. This subsection shall not apply to any activity conducted by the Declarant or a
Homebuilder.
Notwithstanding an�provision in this Declaration to the contrary, until the earlier to
occur of ex�iration or termination of the Develo�ment Period, or fort�40�,years from the date
this Declaration is Recorded:
(i) Declarant and/or its designees may construct and maintain upon portions
of the Common Area and any Lot owned by the Declarant such facilities
and may conduct such activities which, in Declarant's sole opinion, may
be reasonably required, convenient, or incidental to the construction or
sale of single family residences constructed upon the Lots, including, but
not limited to, business offices, signs, model homes, and sales offices.
Declarant and/or its designees shall have an easement over and across the
Common Area for access and use of such facilities at no charge; and
(ii) Declarant and/or its designees will have an access easement over and
across the Common Area for the purpose of making, constructing and
installing Improvements upon the Common Area.
2.4 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the
Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all
rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the
entire Lot) may be rented. All leases shall be in writing, and the Board will have the authority
to approve all leases in advance. Each lease must provide, or be deemed to provide, that the
Board shall have the right to terminate the lease upon default by the tenant in observing any
provisions of the Restrictions. The Board may deny permission to lease any Lot on any
reasonable grounds the Board may find. The Board shall have the right to require the Owner to
deposit in escrow with the Association (in addition to any other deposits which may be
required by the Owner so long as such additional deposit is not prohibited by law) an amount
not to exceed one month's rental fee paid. Said deposit may be used by the Association to
repair any damage to the Property resulting from acts or omission by the tenants (as
determined in the sole discretion of the Board). Regardless of whether or not expressed in the
applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to
the Association for any amount which is required by the Association to effect such repairs or to
pay any claim for any injury or damage to property caused by the negligence of the tenant of
such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of,
or non-compliance with, the provisions of the Documents. All leases shall comply with and be
subject to the provisions of the Restrictions and the provisions of same shall be deemed
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expressly incorporated into any lease of a Lot. This Section shall also apply to assignments and
renewals of leases. No lease approved by the Board shall be amended or modified without the
Board's approval. In making its determination as to whether to approve a lease of a Lot, the
Board shall not discriminate on the grounds of race, gender, religion, national origin, familial
status or physical or mental handicap; provided, however, nothing herein shall be construed to
require the Association to furnish an alternate tenant to the Owner in the event the Board
disapproves a lease or tenant. Upon entering into an agreement for the lease of a Lot, an
Owner, other than Declarant, shall provide written notice to the Board, or its designee, of the
lease agreement and furnish the names of the prospective tenant. The Board may require that
the Owner deliver to the tenant, a copy of the Restrictions and obtain a written instrument
executed by the tenant acknowledging receipt of the Restrictions which receipt will be provided
to the Board. The Board shall have the right to charge an Owner a reasonable fee (not to exceed
$500.00) as determined by the Board for the processing of leases of Lots.
2.5 Subdividin�. No Lot shall be further divided or subdivided, nor may any
easements or other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the ACC; �rovided, however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements
or other interests less than the whole, all without the approval of the ACC. In the event of the
re-subdivision of any Lot into two (2) or more Lots, each Lot resulting from the re-subdivision
shall be allocated one (1) Assessment Unit. In the event of the consolidation of two (2) or more
Lots for the purposes of constructing a single residence thereon, the Assessment Units will
continue to be determined according to the number of original Lots contained in such
consolidated Lot. Nothing in this Declaration shall be construed as authorization for any re-
subdivision or consolidation of Lots, such actions being subject to the written approval of the
ACC.
2.6 Hazardous Activities. No activities may be conducted on or within the Property
and no Improvements constructed on any portion of the Property which, in the opinion of the
Board, are or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing,no firearms or fireworks may be discharged upon any portion of the
Property unless discharged in conjunction with an event approved in advance by the Board and
no open fires may be lighted or permitted except within safe and well-designed fireplaces or in
contained barbecue units while attended and in use for cooking purposes. No portion of the
Property may be used for the takeoff, storage, or landing of aircraft (including, without
limitation,helicopters) except for medical emergencies.
2.7 Insurance Rates. Nothing shall be done or kept on the Property which would
increase the rate of casualty or liability insurance or cause the cancellation of any such insurance
on the Common Area, or the Improvements located thereon, without the prior written approval
of the Board.
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2.8 Mining and Drilling. No portion of the Property may be used for the purpose of
mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This
provision will not be construed to prevent the excavation of rocks, stones, sand, gravel,
aggregate, or earth or the storage of such material for use as fill provided that such activities are
conducted in conjunction with the construction of Improvements and/or the development of the
Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the
drilling of water wells approved in advance by the ACC which are required to provide water to
all or any portion of the Property. All water wells must also be approved in advance by the
ACC and any applicable regulatory authority.
2.9 Water Bodies. By acceptance of a deed to a home or a lot, each owner
acknowledges that the water levels of all water bodies, if any, may vary. There is no guarantee
by the Declarant or the Association that water levels will be constant or aesthetically pleasing at
any particular time. In fact, water levels may be non-existent from time to time.
2.10 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other
than security devices used exclusively for security purposes) shall be located,used, or placed on
any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of the Property
or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance
emanates from any Improvement on any Lot, the Association may (but shall not be obligated to)
enter any such Improvement and take such reasonable actions necessary to terminate such noise
(including silencing any burglar or break-in alarm).
2.11 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry,
fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be
a domestic household pet within the ordinary meaning and interpretation of such words may
be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term
"domestic household pet" shall not mean or include non-traditional pets such pot-bellied pigs,
miniature horses, goats, exotic snakes or lizards, ferrets, monkeys, chickens or other exotic
animals). The Board may conclusively determine, in its sole discretion, whether a particular pet
is a domestic household pet within the ordinary meaning and interpretation of such words. No
Owner may keep more than four (4) cats and dogs, in the aggregate, of which no more than two
(2) may be dogs, unless otherwise approved by the Board. No animal may be allowed to make
an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be
allowed on the Property other than within the Owner's residence, or the fenced yard space
associated therewith, unless confined to a leash. The Association may restrict pets to certain
areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for
hire or remuneration on the Property, and no kennels or breeding operation will be allowed.
No animal may be allowed to run at large, and all animals must be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No
pet may be left unattended in yards, porches or other outside area. All pet waste will be
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removed and appropriately disposed of by the owner of the pet. All pets must be registered,
licensed and inoculated as required by Applicable Law. If, in the opinion of the Board, any pet
becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to
comply with these restrictions, the Owner, upon written notice, may be required to remove the
pet from the Property.
2.12 Rubbish and Debris. As determined by the Board, no rubbish or debris of any
kind may be placed or permitted to accumulate on or within the Property, and no odors will be
permitted to arise therefrom so as to render all or any portion of the Property unsanitary,
unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and
trash must be kept at all times in covered containers, and such containers must be kept within
enclosed structures or appropriately screened from view. Each Owner will contract with an
independent disposal service to collect all garbage or other wastes, if such service is not
provided by a governmental entity or the Association.
2.13 Trash Containers. Trash containers and recycling bins must be stored in one of
the following locations:
(i) inside the garage of the single-family residence constructed on the Lot; or
(ii) behind the single-family residence or fence constructed on the Lot in such
a manner that the trash container and recycling bin is not visible from any
street, alley, or adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in
which trash containers or recycling bins must be stored.
2.14 Maintenance. The Owners of each Lot shall jointly and severally have the duty
and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
thereon in good condition and repair and in a well-maintained, safe, clean and attractive
condition at all times. The Board, in its sole discretion, shall determine whether a violation of
the maintenance obligations set forth in this Section 2.14 has occurred. Such maintenance
includes, but is not limited to the following, which shall be performed in a timely manner, as
determined by the Board, in its sole discretion:
(i) Prompt removal of all litter, trash, refuse, and wastes.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
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(vi) Keeping lawn and garden areas alive, free of weeds, and attractive.
(vii) Keeping planting beds free of turf grass.
(viii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
(x) Repainting of Improvements.
(xi) Repair of exterior damage, and wear and tear to Improvements.
Notwithstanding the foregoing, in the Board, in its sole discretion, may rec�uire the
Association to �erform the landscape maintenance obligations set forth in this Section 2.14
on behalf of the Owners. In such event, the costs incurred by the Association to perform the
landscape maintenance obligations shall be discharged through regular annual Assessments
levied in accordance with Section 6.3 herein.
2.15 Street Landsca�e Area-Owner's Obligation to Maintain Landsca�ing. Each
Owner will be responsible, at such Owner's sole cost and expense, for maintaining mowing,
replacing, pruning, and irrigating the landscaping between the boundary of such Owner's Lot
and the curb of any adjacent right-of-way, street or alley (the "ST Landscape Area") unless the
responsibility for maintaining the ST Landscape Area is performed by the Association.
2.16 Antennas. Except as expressly provided below, no exterior radio or television
antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot
without the prior written approval of the ACC; provided,however, that:
(i) an antenna designed to receive direct broadcast services, including direct-
to-home satellite services, that is one meter or less in diameter; or
(ii) an antenna designed to receive video programming services via
multipoint distribution services, including multi-channel multipoint
distribution services, instructional television fixed services, and local
multipoint distribution services, that is one meter or less in diameter or
diagonal measurement; or
(iii) an antenna that is designed to receive television or radio broadcast
signals;
(collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be
permitted subject to reasonable requirements as to location and screening as may be set forth in
rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness
as viewed from streets and adjacent property. Declarant and/or the Association will have the
right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master
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THE KNOLLS AT SOLANA
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antenna, cable, or other communication system for the benefit of all or any portion of the
Property.
2.17 Location of Permitted Antennas. A Permitted Antenna may be installed solely
on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion
of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an
acceptable quality signal can be obtained and where least visible from the street and the
Property, other than the Lot. In order of preference, the locations of a Permitted Antenna
which will be considered least visible by the ACC are as follows:
(i) Attached to the back of the principal single-family residence constructed
on the Lot, with no part of the Permitted Antenna any higher than the
lowest point of the roofline and screened from view of adjacent Lots and
the street; then
(ii) Attached to the side of the principal single-family residence constructed
on the Lot, with no part of the Permitted Antenna any higher than the
lowest point of the roofline and screened from view of adjacent Lots and
the street.
The ACC may, from time to time, modify, amend, or supplement the rules regarding
installation and placement of Permitted Antennas.
Satellite dishes one meter or less in diameter, e.g., DirectTV or Dish satellite dishes,
are permitted, HOWEVER, you are required to comply with the rules regarding
installation and placement. These Rules and Regulations may be modified by the
ACC from time to time. Please contact the ACC for the current rules regarding
installation and placement.
2.18 Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may
be displayed to the public view on any Lot without the prior written approval of the ACC,
except for:
(i) signs which are expressly permitted pursuant to the Design Guidelines or
Rules and Regulations;
(ii) signs which are part of Declarant's or Homebuilder's overall marketing,
sale, or construction plans or activities for the Property;
(iii) one (1) temporary school "spirit" sign placed on the Lot. The sign must
be professionally made and shall be limited to maximum face area of five
(5) square feet on each visible side and, if free standing, is mounted on a
single or frame post. The overall height of the sign from finished grade at
the spot where the sign is located may not exceed four (4) feet. The sign
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must be removed within five (5) business days following the athletic
season for which the sign relates;
(iv) one (1) temporary "For Sale" sign placed on the Lot. The sign must be
professionally made and shall be limited to a maximum face area of five
(5) square feet on each visible side and, if free standing, is mounted on a
single or frame post. The overall height of the sign from the finished
grade of the Lot at the spot where the sign is located may not exceed four
(4) feet. The sign must be removed within two (2) business days
following the sale or lease of the Lot;
(v) political signs may be erected provided the sign: (a) is erected no earlier
than the 90th day before the date of the election to which the sign relates;
(b) is removed no later than the 10� day after the date of the election to
which the sign relates; and (c) is ground-mounted. Only one sign may be
erected for each candidate or ballot item. In addition, signs which
include any of the components or characteristics described in Section
202.009(c) of the Texas Property Code are prohibited;
(vi) a religious item on the entry door or door frame of a residence (which
may not extend beyond the outer edge of the door frame), provided that
the size of the item(s), individually or in combination with other religious
items on the entry door or door frame of the residence, does not exceed
twenty-five (25) square inches;
(vii) permits as may be required by legal proceedings;and
(viii) permits as may be required by any governmental entity.
An Owner or Resident will be permitted to post a "no soliciting" and "security warning"
sign near or on the front door to their residence, provided, that the sign may not exceed twenty-
five (25) square inches.
For Lease and For Rent signs are expressly prohibited.
2.19 Flag,s - A�proval Requirements. An Owner is permitted to display the flag of
the United States of America, the flag of the State of Texas, or an official or replica flag of any
branch of the United States Military ("Permitted Flag") and permitted to install a flagpole no
more than five feet (5') in length affixed to the front of a residence near the principal entry or
affixed to the rear of a residence ("Permitted Flagpole"). Only two (2) permitted Flagpoles are
allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in
advance by the ACC. Approval by the ACC is rec�uired prior to installing vertical freestanding
flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole"). To
obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the
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THE KNOLLS AT SOLANA
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following information: (a) the location of the Freestanding Flagpole to be installed on the Lot;
(b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding
Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the "Flagpole
Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole
Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.
2.20 Flags - Installation and Dis�la�. Unless otherwise approved in advance and in
writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed
in accordance with the Flagpole Application, must comply with the following:
(i) No more than one (1) Freestanding Flagpole OR no more than two (2)
Permitted Flagpoles are permitted per Lot, on which only Permitted Flags
may be displayed;
(ii) Any Permitted Flagpole must be no longer than five feet (5') in length and
any Freestanding Flagpole must be no more than twenty feet (20') in
height
(iii) Any Permitted Flag displayed on any flagpole may not be more than
three feet in height by five feet in width (3'x5');
(iv) With the exception of flags displayed on Common Area or any Lot which
is being used for marketing purposes by the Declarant or a Homebuilder,
the flag of the United States of America must be displayed in accordance
with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be
displayed in accordance with Chapter 3100 of the Texas Government
Code;
(v) The display of a Permitted Flag, or the location and construction of a
Permitted Flagpole or Freestanding Flagpole must comply with all
Applicable Law;
(vi) Each Permitted Flagpole and Freestanding Flagpole must be constructed
of permanent, long-lasting materials, with a finish appropriate to the
materials used in the construction thereof and harmonious with the
residence;
(vii) Each Permitted Flag, Permitted Flagpole or Freestanding Flagpole must
be maintained in good condition and any deteriorated Permitted Flag or
deteriorated or structurally unsafe Permitted Flagpole or Freestanding
Flagpole must be repaired, replaced or removed;
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THE KNOLLS AT SOLANA
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(viii) A Permitted Flag may be illuminated by no more than one (1) halogen
landscaping light of low beam intensity which shall not be aimed towards
or directly affect any neighboring Lot; and
(ix) Any external halyard of a Permitted Flagpole or Freestanding Flagpole
must be secured so as to reduce or eliminate noise from flapping against
the metal of the Permitted Flagpole or Freestanding Flagpole.
2.21 Tanks. The ACC must approve any tank used or proposed in connection with a
residence, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool
filter tanks. No elevated tanks of any kind may be erected, placed or permitted on any Lot
without the advance written approval of the ACC. All permitted tanks must be screened from
view in accordance with a screening plan approved in advance by the ACC. This provision will
not apply to a tank used to operate a standard residential gas grill.
2.22 Tem�orary Structures. No tent, shack, or other temporary building,
Improvement, or structure shall be placed upon the Property without the prior written approval
of the ACC; provided, however, that temporary structures necessary for storage of tools and
equipment, and for office space for Homebuilders, architects, and foremen during actual
construction may be maintained with the prior approval of Declarant, approval to include the
nature, size, duration, and location of such structure.
2.23 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board
will be permitted to remain on any Lot so as to be visible from adjoining property or from
public or private thoroughfares. Without limiting the generality of the foregoing, trailers,
graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor
scooters, all-terrain vehicles and garden and lawn maintenance equipment must be kept at all
times except when in actual use, in enclosed structures or screened from view and no repair or
maintenance work may be done on any of the foregoing, or on any automobile (other than
minor emergency repairs), except in enclosed garages or other structures. Service areas, storage
areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics
must be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree
clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately
screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation,
motorcycles or motor scooters) which are inoperable or do not have a current license tag will be
permitted to remain visible on any Lot or to be parked on any roadway within the Property.
Motorcycles shall be operated in a quiet manner.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
watercraft, trailers, stored vehicles or inoperable vehicles in places other than: (a) in enclosed
garages; and (b) behind a fence so as to not be visible from any other portion of the Property is
�rohibited; provided, construction, service and delivery vehicles may be exempt from this
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provision for such period of time as is reasonably necessary to provide service or to make a
delivery to a residence,but in no event exceeding twenty-four (24)hours.
Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other
temporary structures expressly approved by the ACC shall be permitted.
2.24 Basketball Goals; Permanent and Portable. Permanent basketball goals are
permitted between the street right-of-way and the front of the residence on a Lot provided the
basketball goal is located approximately twenty-five feet (25') from the street curb. The
basketball goal backboard must be perpendicular to the street and mounted on a black metal
pole permanently installed in the ground. Portable basketball goals are permitted but must be
stored in the rear of the Lot or inside garage from sundown to sunrise. Basketball goals must be
properly maintained and painted, with the net in good repair. All basketball goals, whether
permanent or portable, must be approved by the ACC prior to being placed on any Lot.
2.25 Com�liance with Restrictions. Each Owner, his or her family, Residents of a
Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with
the provisions of the Restrictions as the same may be amended from time to time. Failure to
comply with any of the Restrictions shall constitute a violation of the Restrictions and may
result in a fine against the Owner in accordance with Section 6.12 of this Declaration, and shall
give rise to a cause of action to recover sums due for damages or injunctive relief, or both,
maintainable by the Declarant, the Board on behalf of the Association, the ACC, or by an
aggrieved Owner. Without limiting any rights or powers of the Association, the Board may
(but shall not be obligated to) remedy or attempt to remedy any violation of any of the
provisions of Restrictions, and the Owner whose violation has been so remedied shall be
personally liable to the Association for all costs and expenses of effecting (or attempting to
effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
Association, such costs and expenses (plus interest from the date of demand until paid at the
maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-
half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s).
Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved
in this Declaration for Assessments and may be collected by any means provided in this
Declaration for the collection of Assessments, including, but not limited to, foreclosure of such
liens against the Owner's Lot(s). Each such Owner shall indemnify and hold harmless the
Association and its officers, directors, employees and agents from any cost, loss, damage,
expense, liability, claim or cause of action incurred or that may arise by reason of the
Association's acts or activities under this Section 2.25 (including any cost, loss, damage,
expense, liability, claim or cause of action arising out of the Association's negligence in
connection therewith), except for such cost, loss, damage, expense,liability, claim or cause of
action arising by reason of the Association's gross negligence or willful misconduct. "Gross
negligence" as used herein does not include simple negligence, contributory negligence or
similar negligence short of actual gross negligence.
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2.26 Liability of Owners for Damage to Common Area. No Owner shall in any way
alter, modify, add to or otherwise perform any work upon the Common Area without the prior
written approval of the Board. Each Owner shall be liable to the Association for any and all
damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any
Improvements constructed on any Lot, the maintenance of which has been assumed by the
Association, which damages were caused by the neglect, misuse or negligence of such Owner or
Owner's family, or by Resident of such Owner's Lot, or any guest or invitee of such Owner or
Resident. The full cost of all repairs of such damage shall be an Individual Assessment against
such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same
manner as provided in Section 6.10 of this Declaration.
2.27 No Warranty of Enforceabilit�. Declarant makes no warranty or representation
as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a
Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and
enforceability thereof and,by acquiring the Lot, agrees to hold Declarant harmless therefrom.
2.28 Party Wall Fences. A fence or wall located on or near the dividing line between
two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not
inconsistent with the provisions of this Section 2.28, is subject to the general rules of law
regarding party walls and liability for property damage due to negligence, willful acts, or
omissions.
2.28.1 Encroachments & Easement. If the Party Wall is on one Lot due to an
error in construction, the Party Wall is nevertheless deemed to be on the dividing line for
purposes of this Section 2.28. Each Lot sharing a Party Wall is subject to an easement for the
existence and continuance of any encroachment by the Party Wall as a result of construction,
repair, shifting, settlement, or movement in any portion of the Party Wall, so that the
encroachment may remain undisturbed as long as the Party Wall stands. Each Lot is subject to
a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party
Wall.
2.28.2 Right to Re�air. If the Party Wall is damaged or destroyed from any
cause, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition,
and the Owners of both Lots, their successors and assigns, have the right to the full use of the
repaired or rebuilt Party Wall.
2.28.3 Maintenance Costs. The Owners of the adjoining Lots share equally
the costs of repair, reconstruction, or replacement of the Party Wall, subject to the right of one
Owner to call for larger contribution from the other under any rule of law regarding liability for
negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction
of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or
replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement
of the Party Wall, the Owner advancing monies has a right to file a claim of lien for the
monies advanced in the Official Public Records of Tarrant County, Texas, and has the right
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
to foreclose the lien as if it were a mechanic's lien. The right of an Owner to require
contribution from another Owner under this Section 2.28 is appurtenant to the Lot and
passes to the Owner's successors in title.
2.28.4 Alterations. The Owner of a Lot sharing a Party Wall may not cut
openings in the Party Wall or alter or change the Party Wall in any manner that affects the use,
condition, or appearance of the Party Wall to the adjoining Lot. The Party Wall will always
remain in the same location as when erected unless otherwise approved by the Owner of each
Lot sharing the Party Wall and the ACC.
2.29 No Tennis or Recreational Courts; Playsca�es. No tennis, recreational or sport
courts shall be constructed on any Lot unless expressly approved by the ACC. The ACC may
prohibit the installation of a tennis, recreational or sport court on any Lot. Playscapes or any
similar recreational facilities may not be constructed on any Lot without the advance written
approval of the ACC. The ACC may prohibit the installation of playscapes or similar
recreational facilities on any Lot.
2.30 Decorations and Li�htin�. Unless otherwise permitted by Section 2.18(vi), no
decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other
decorative embellishments shall be placed on the residence or on the front yard or on any other
portion of a Lot which is visible from any street, unless such specific items have been approved
in writing by the ACC. Customary seasonal decorations for holidays are permitted without
approval by the ACC but shall be removed within thirty (30) days of the applicable holiday.
Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot
and so as not to affect or reflect into surrounding residences or yards. No mercury vapor,
sodium or halogen light shall be installed on any Lot which is visible from any street unless
otherwise approved by the ACC.
2.31 Clotheslines; Window Air Conditioners. No clotheslines and no outdoor
clothes drying or hanging shall be permitted within the Property, nor shall anything be hung,
painted or displayed on the outside of the windows (or inside, if visible from the outside) or
placed on the outside walls or outside surfaces of doors of any of the residence, and no
awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant
or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or
any part thereof, nor relocated or extended, without the prior written consent of the ACC.
Window air conditioners are prohibited.
2.32 Dum�in�. No portion of the Property shall be used or maintained as a dumping
ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste,
except that such material may be kept in areas of the Property designated for this purpose by
Declarant (in connection with its construction) or by the Board, provided that these materials
are kept in sanitary containers in a clean and sanitary condition. Owners shall place these
containers for collection only in the designated areas and only on the day these refuse materials
are to be collected. Empty containers shall be removed promptly after collection.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
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2.33 Restriction on Use of Common Area. The Board may prohibit or restrict the use
of the Common Area from time to time, on a non-discriminatory basis, if and to the extent
required for safety or other valid reasons.
2.34 Water uality Facilities, Draina�e Facilities and Draina�e Ponds. The
Property may include, now or in the future, one or more water quality facilities, sedimentation,
drainage and detention facilities, or ponds which serve all or a portion of the Property and are
inspected, maintained and administered by the Association in accordance with Applicable Law.
Access to these facilities and ponds is limited to persons engaged by the Association to
periodically maintain such facilities. Each Owner is advised that the water quality facilities,
sedimentation, drainage and detention facilities and ponds are an active utility feature integral
to the proper operation of the Property and may periodically hold standing water. Each Owner
is advised that entry into the water quality facilities, sedimentation, drainage and detention
facilities or ponds may result in injury and is a violation of the Rules and Regulations.
2.35 Homebuilder Exem�tion. The provisions of this Article are intended to restrict
certain uses that may be harmful or affect the ambience or aesthetic appeal of the Property; the
restrictions are not intended to prohibit the Declarant or Homebuilders from performing such
work as may be necessary in the completion of the Property, or any portion thereof. The
restrictions in this Article shall not be binding on Declarant or Homebuilders in the
performance of any work required in order to complete construction of the Property, or any
portion thereof.
ARTICLE 3
CONSTRUCTION RESTRICTIONS
3.1 A�proval for Construction. Unless prosecuted by the Declarant, no
Improvements shall be constructed upon any Lot without the prior written approval of the
ACC in accordance with Article 7 of this Declaration.
3.2 Masonry Requirements. The masonry requirements for each residence
constructed on a Lot are set forth in the Design Guidelines.
3.3 Minimum Sc�uare Foota�e. The minimum square footage requirements for each
residence constructed on a Lot are set forth in the Design Guidelines.
3.4 Garages. Each residence constructed upon a Lot shall have a private garage for
not less than two (2) automobiles; provided, however, that pursuant to applicable zoning
requirements, certain residences constructed upon a Lot shall be required to have a private
garage for not less than three (3) automobiles. The location, orientation and opening of each
garage to be located on a Lot shall be approved in advance of construction by the ACC. All
garages shall be maintained for the parking of automobiles, may not be used for storage or
other purposes which preclude its use for the parking of automobiles, and no garage may be
permanently enclosed or otherwise used for habitation.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
3.5 Fences; Sidewalks. All fences, courtyard fencing, parking screening and walls
shall comply with all Applicable Law. Fences constructed on corner lots may be installed one (1)
foot from the sidewalk and/or the property line of the Lot, provided that such fencing complies
with Applicable Law. The fencing requirements for each residence constructed on a Lot are set
forth in the Design Guidelines. If required by the Plat, the Owner of each Lot shall construct, at
such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on
such Owner's Lot, located and designed in conformance with the Plat.
3.6 Buildin� Restrictions. All building materials must be approved in advance by
the ACC, and only new building materials shall be used for constructing any Improvements.
Detailed building restrictions for each residence constructed on a Lot are set forth in the Design
Guidelines. No highly reflective finishes (other than glass, which may not be mirrored) shall be
used on exterior surfaces (other than surfaces of hardware fixtures), including, without
limitation, the exterior surfaces of any Improvements.
3.7 Alteration or Removal of Im�rovements. Any construction, other than normal
maintenance, which in any way alters the exterior appearance of any Improvement, or the
removal of any Improvement shall be performed only with the prior written approval of the
ACC.
3.8 Draina�e. There shall be no interference with the established drainage patterns
over any of the Property, including the Lots, except by Declarant, unless adequate provision is
made for proper drainage and such provision is approved in advance by the ACC. Specifically,
and not by way of limitation, no Improvement, including landscaping, may be installed which
alters the natural drainage patterns, unless such drainage is redirected to a street or Common
Area upon the written approval of the ACC.
3.9 Construction Activities. The Restrictions will not be construed or applied so as
to unreasonably interfere with or prevent normal construction activities during the construction
of Improvements by an Owner (including Declarant or a Homebuilder) upon or within the
Property. Specifically, no such construction activities will be deemed to constitute a nuisance or
a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is pursued to
completion with reasonable diligence and conforms to usual construction practices in the area.
In the event that construction upon any Lot does not conform to usual practices in the area as
determined by the ACC in its sole and reasonable judgment, the ACC will have the authority to
seek an injunction to stop such construction. In addition, if during the course of construction
upon any Lot there is excessive accumulation of debris of any kind which would render the Lot
or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion
of the Property, then the ACC may contract for or cause such debris to be removed, and the
Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.
3.10 Roofin�. The roofing requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
3.11 Swimming Pools. Any swimming pool constructed on a Lot must be enclosed
with a fence or other enclosure device completely surrounding the swimming pool which, at a
minimum, satisfies all Applicable Law. Nothing in this Section 3.11 is intended or shall be
construed to limit or affect an Owner's obligation to comply with any Applicable Law
concerning swimming pool enclosure requirements. Above-ground or temporary swimming
pools are prohibited.
3.12 Solar Energ,y Device. Solar Energy Devices may be installed with the advance
written approval of the ACC in accordance with the procedures set forth in the Design
Guidelines.
3.13 Rainwater Harvestin�Systems. Rain barrels or rainwater harvesting systems (a
"Rainwater Harvesting System") may be installed with the advance written approval of the
ACC.
3.13.1 A�lication. To obtain ACC approval of a Rainwater Harvesting
System, the Owner shall provide the ACC with the following information: (a) the proposed
installation location of the Rainwater Harvesting System; and (b) a description of the Rainwater
Harvesting System, including the color, dimensions, manufacturer, and photograph or other
accurate depiction (the "Rain System Application"). A Rain System Application may only be
submitted by an Owner unless the Owner's tenant provides written confirmation at the time of
submission that the Owner consents to the Rain System Application.
3.13.2 Approval Process. The decision of the ACC will be made in
accordance with Article 7 of this Declaration. Any proposal to install a Rainwater Harvesting
System on property owned by the Association or property owned in common by Members of
the Association must be approved in advance and in writing by the Board, and the Board need
not adhere to this Section 3.13 when considering any such request.
3.13.3 A�roval Conditions. Unless otherwise approved in advance and in
writing by the ACC, each Rain System Application and each Rainwater Harvesting System to be
installed in accordance therewith must comply with the following:
(i) The Rainwater Harvesting System must be consistent with the color
scheme of the residence constructed on the Owner's Lot, as reasonably
determined by the ACC.
(ii) The Rainwater Harvesting System does not include any language or other
content that is not typically displayed on such a device.
(iii) The Rainwater Harvesting System is in no event located between the
front of the residence constructed on the Owner's Lot and any adjoining
or adjacent street.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
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(iv) There is sufficient area on the Owner's Lot to install the Rainwater
Harvesting System, as reasonably determined by the ACC.
See Section 3.13.4 for additional guidance.
3.13.4 Guidelines. If the Rainwater Harvesting System will be installed on
or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area,
or another Owner's Lot, the ACC may regulate the size, type, shielding of, and materials used
in the construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain
System Application, the application should describe methods proposed by the Owner to shield
the Rainwater Harvesting System from the view of any street, Common Area, or another
Owner's Lot. When reviewing a Rain System Application for a Rainwater Harvesting System
that will be installed on or within the side yard of a Lot, or would otherwise be visible from a
street, the Common Area, or another Owner's Lot, any additional requirements imposed by the
ACC to regulate the size, type, shielding of, and materials used in the construction of the
Rainwater Harvesting System, may not rp ohibit the economic installation of the Rainwater
Harvesting System, as reasonably determined by the ACC.
3.14 Xerisca�in�. As part of the installation and maintenance of landscaping on an
Owner's Lot, an Owner may submit plans for and install drought tolerant landscaping
("Xeriscaping") upon written approval by the ACC. All Owners implementing Xeriscaping
shall comply with the following:
3.14.1 Application. Approval by the ACC is rec�uired prior to installing
Xeriscaping. To obtain the approval of the ACC for Xeriscaping, the Owner shall provide the
ACC with the following information: (i) the proposed site location of the Xeriscaping on the
Owner's Lot; (ii) a description of the Xeriscaping, including the types of plants, border
materials, hardscape materials and photograph or other accurate depiction and (iii) the
percentage of yard to be covered with gravel, rocks and cacti (the "Xeriscaping Application").
A Xeriscaping Application may only be submitted by an Owner unless the Owner's tenant
provides written confirmation at the time of submission that the Owner consents to the
Xeriscaping Application. The ACC is not responsible for: (i) errors or omissions in the
Xeriscaping Application submitted to the ACC for approval; (ii) supervising installation or
construction to confirm compliance with an approved Xeriscaping Application or (iii) the
compliance of an approved application with Applicable Law.
3.14.2 Approval Conditions. Unless otherwise approved in advance and in
writing by the ACC, each Xeriscaping Application and all Xeriscaping to be installed in
accordance therewith must comply with the following:
(i) The Xeriscaping must be aesthetically compatible with other landscaping
in the community as reasonably determined by the ACC. For purposes of
this Section 3.14, "aesthetically compatible" shall mean overall and long-
term aesthetic compatibility within the community. For exam�le, an
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
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Owner's Lot plan may be denied if the ACC determines that: a) the
proposed Xeriscaping would not be harmonious with already established
turf and landscaping in the overall community; and/or b) the use of
specific turf or plant materials would result in damage to or cause
deterioration of the turf or landscaping of an adjacent property owner,
resulting in a reduction of aesthetic appeal of the adjacent property
Owner's Lot.
(ii) No Owners shall install gravel, rocks or cacti that in the aggregate
encompass over ten percent (10%) of such Owner's front yard or ten
percent (10%) of such Owner's back yard.
(iii) The Xeriscaping must not attract diseases and insects that are harmful to
the existing landscaping on neighboring Lots, as reasonably determined
by the ACC.
3.14.3 Process. The decision of the ACC will be made within a reasonable
time, or within the time period otherwise required by the principal deed restrictions which
govern the review and approval of improvements. A Xeriscaping Application submitted to
install Xeriscaping on property owned by the Association or property owned in common by
members of the Association will not be approved. Any proposal to install Xeriscaping on
property owned by the Association or property owned in common by members of the
Association must be approved in advance and in writing by the Board, and the Board need not
adhere to the requirements set forth in this Section 3.14 when considering any such request.
3.14.4 Approval. Each Owner is advised that if the Xeriscaping Application
is approved by the ACC, installation of the Xeriscaping must: (i) strictly comply with the
Xeriscaping Application; (ii) commence within thirty (30) days of approval; and (iii) be
diligently prosecuted to completion. If the Owner fails to cause the Xeriscaping to be installed
in accordance with the approved Xeriscaping Application, the ACC may require the Owner to:
(i) modify the Xeriscaping Application to accurately reflect the Xeriscaping installed on the
Property; or (ii) remove the Xeriscaping and reinstall the Xeriscaping in accordance with the
approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the
approved Xeriscaping Application or an Owner's failure to comply with the post-approval
requirements constitutes a violation of this Declaration and may subject the Owner to fines and
penalties. Any requirement imposed by the ACC to resubmit a Xeriscaping Application or
remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application
shall be at the Owner's sole cost and expense
3.15 Permitted Grasses and Plants. Notwithstanding anything contained herein to
the contrary, the native grasses and plans permitted to be placed within the Property are set
forth in the Design Guidelines.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
ARTICLE 4
THE KNOLLS AT SOLANA RESIDENTIAL COMMUNITY,INC.
4.1 Or�anization. The Association will be a nonprofit corporation created for the
purposes, charged with the duties, and vested with the powers of a Texas non-profit
corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.2 Membership.
4.2.1 Mandatory Membership. Any person or entity, upon becoming an
Owner, will automatically become a Member of the Association. Membership will be
appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof for
membership, and membership may not be severed from the ownership of the Lot, or in any
way transferred, pledged, mortgaged or alienated, except together with the title to such Lot.
If you acquire a Lot you automatically become a member of the Association.
Membership is Mandatory!
4.2.2 Easement of En�ovment— Common Area. Every Member will have a
right and easement of enjoyment in and to all of the Common Area and an access easement by
and through any Common Area, which easements will be appurtenant to and will pass with the
title to such Member's Lot, subject to the following restrictions and reservations:
(i) The right of the Declarant, or the Declarant's designee, to cause such
Improvements and features to be constructed upon the Common Area, as
determined from time to time by the Declarant, in the Declarant's sole
and absolute discretion;
(ii) The right of the Association to suspend the Member's right to use the
Common Area for any period during which any Assessment against such
Member's Lot remains past due and for any period during which such
member is in violation of any provision of this Declaration;
(iii) The right of the Declarant, during the Development Period, and the
Board thereafter, to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for any purpose;
(iv) With the advance written approval of the Declarant during the
Development Period, the right of the Board to grant easements or licenses
over and across the Common Area;
(v) With the advance written approval of the Declarant during the
Development Period, the right of the Board to borrow money for the
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
purpose of improving the Common Area and, in furtherance thereof,
mortgage the Common Area;
(vi) The right of the Declarant, during the Development Period, and the
Board, with the advance written approval of the Declarant during the
Development Period, to promulgate Rules and Regulations regarding the
use of the Common Area and any Improvements thereon; and
(vii) The right of the Association to contract for services with any third parties
on such terms as the Board may determine, except that during the
Development Period, all such contracts must be approved in advance and
in writing by the Declarant.
4.3 Governance. As more specifically described in the Bylaws, the Board will
consist of at least three (3) persons elected at the annual meeting of the Association, or at a
special meeting called for such purpose. Notwithstanding the foregoing provision or any
provision in this Declaration to the contrary, Declarant will have the sole right to appoint
and remove all members of the Board until the 10t'' anniversary of the date this Declaration is
Recorded. Not later than the 10t'' anniversary of the date this Declaration is Recorded, or
sooner as determined by Declarant, the Board shall hold a meeting of Members of the
Association for the purpose of electing one-third of the Board (the "Initial Member Election
Meeting"), which Board member(s) must be elected by Owners other than the Declarant.
Declarant shall continue to have the sole right to appoint and remove two-thirds of the Board
from and after the Initial Member Election Meeting until expiration or termination of the
Development Period.
4.4 Voting Rights. The right to cast votes and the number of votes which may be
cast for election of inembers to the Board (except as provided by Section 4.3) and on all other
matters to be voted on by the Members will be calculated as set forth below.
4.4.1 Owner Votes. The Owner of each Lot will have one (1) vote for each
Lot so owned.
4.4.2 Declarant Votes. In addition to the votes to which Declarant is
entitled by reason of Section 4.4.1, for every one (1) vote outstanding in favor of any other
person or entity, Declarant will have four (4) additional votes until the expiration or termination
of the Development Period.
4.4.3 Co-Owner Votes. When more than one person or entity owns a
portion of the fee simple interest in any Lot, all such persons or entities will be Members. The
vote or votes (or fraction thereof) for such Lot will be exercised by the person so designated in
writing to the Secretary of the Association by the Owner of such Lot, and in no event will the
vote for such Lot exceed the total votes to which such Lot is otherwise entitled under this
Section 4.4.
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
4.5 Powers. The Association will have the powers of a Texas nonprofit corporation.
It will further have the power to do and perform any and all acts that may be necessary or
proper, for or incidental to, the exercise of any of the express powers granted to it by Applicable
Law or this Declaration. Without in any way limiting the generality of the two preceding
sentences, the Board, acting on behalf of the Association, will have the following powers at all
times:
4.5.1 Rules and Regulations, Bvlaws and Community Manual. To make,
establish and promulgate, and in its discretion to amend from time to time, or repeal and
re-enact, such rules, regulations, policies, Bylaws and Community Manual, as applicable, which
are not in conflict with this Declaration, as it deems proper, covering any and all aspects of the
Property, the Common Area (including the operation, maintenance and preservation thereof) or
the Association. Any Rules and Regulations, policies, the Bylaws and the Community Manual
and any modifications thereto proposed by the Board must be approved in advance and in
writing by the Declarant until expiration or termination of the Development Period.
4.5.2 Insurance. To obtain and maintain in effect, policies of insurance that,
in the opinion of the Board, are reasonably necessary or appropriate to carry out the
Associatiori s functions.
4.5.3 Records. To keep books and records of the Association's affairs, and
to make such books and records, together with current copies of the Restrictions available for
inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon
request during normal business hours.
4.5.4 Assessments. To levy and collect assessments, as provided in Artide 6
below.
4.5.5 Right of Entry and Enforcement. To enter at any time without notice
in an emergency (or in the case of a non-emergency, after twenty-four (24)hours written notice),
without being liable to any Owner or Resident, upon any Lot and into any Improvement
thereon for the purpose of enforcing the Restrictions or for the purpose of maintaining or
repairing any area, Improvement or other facility to conform to the Restrictions. The expense
incurred by the Association in connection with the entry upon any Lot and the maintenance and
repair work conducted thereon or therein will be a personal obligation of the Owner of the Lot
so entered, will be deemed an Individual Assessment against such Lot, will be secured by a lien
upon such Lot, and will be enforced in the same manner and to the same extent as provided in
Article 6 hereof for Assessments. The Association will have the power and authority from time
to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner
who consents thereto, to commence and maintain actions and suits to enforce, by mandatory
injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the
Restrictions. The Association is also authorized to settle claims, enforce liens and take all such
action as it may deem necessary or expedient to enforce the Restrictions; provided, however,
that the Board will never be authorized to expend any Association funds for the purpose of
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THE KNOLLS AT SOLANA
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4825-0959-4994v.10 59948-2
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bringing suit against Declarant, or its successors or assigns. The Association may not alter or
demolish any Improvements on any Lot other than Common Area in enforcing these
Restrictions before a judicial order authorizing such action has been obtained by the
Association, or before the written consent of the Owner(s) of the affected Lot(s) has been
obtained. EACH SUCH OWNER AND RESIDENT WILL INDEMNIFY AND HOLD
HARMLESS THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE
OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S
ACTS OR ACTIVITIES UNDER THIS SECTION 4.5.5 (INCLUDING ANY COST, EXPENSE,
LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S
NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS,
DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON
OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "GROSS
NEGLIGENCE" DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY
NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
4.5.6 Legal and Accounting Services. To retain and pay for legal and
accounting services necessary or proper in the operation of the Association.
4.5.7 Conve�ances. To grant and convey to any person or entity the real
property and/or other interest, including fee title, leasehold estates, easements, rights-of-way or
mortgages, out of, in, on, over, or under any Common Area for the purpose of constructing,
erecting, operating or maintaining the following:
(i) Parks, parkways or other recreational facilities or structures;
(ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and
paths;
(iii) Lines, cables, wires, conduits, pipelines or other devices for utility
purposes;
(iv) Sewers, water systems, storm water drainage systems, sprinkler systems
and pipelines; and/or
(v) Any similar Improvements or facilities.
Nothing set forth above, however, will be construed to permit use or occupancy of any
Improvement or other facility in a way that would violate applicable use and occupancy
restrictions imposed by the Restrictions or by Applicable Law. In addition, until expiration or
termination of the Development Period, any grant or conveyance under this Section 4.5.7 must
be approved in advance and in writing by the Declarant. In addition, the Association is (with
the advance written approval of the Declarant during the Development Period) and the
Declarant are expressly authorized and permitted to convey easements over and across
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THE KNOLLS AT SOLANA
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4825-0959-4994v.10 59948-2
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Common Area for the benefit of property not otherwise subject to the terms and provisions of
this Declaration.
4.5.8 Manager. To retain and pay for the services of a person or firm (the
"Manager"), which may include Declarant or any affiliate of Declarant, to manage and operate
the Association, including its property, to the extent deemed advisable by the Board. Personnel
may be employed directly by the Association or may be furnished by the Manager. To the
extent permitted by Applicable Law, the Board may delegate any other duties, powers and
functions to the Manager. In addition, the Board may adopt transfer fees, resale certificate fees
or any other fees associated with the provision of management services to the Association or its
Members. THE MEMBERS HEREBY RELEASE THE ASSOCIATION AND THE MEMBERS
OF THE BOARD AND COMMITTEE MEMBERS FROM LIABILITY FOR ANY OMISSION
OR IMPROPER EXERCISE BY THE MANAGER OF ANY SUCH DUTY, POWER OR
FUNCTION SO DELEGATED.
4.5.9 Pro�ertv Services. To pay for water, sewer, garbage removal, street
lights, landscaping, gardening and all other utilities, services, repair and maintenance for any
portion of the Property, Common Area, private or public recreational facilities, easements,
roads, roadways, rights-of-ways, signs, parks, parkways, median strips, sidewalks, paths, trails,
ponds, and lakes.
4.5.10 Other Services and Pro�erties. To obtain and pay for any other
property and services, and to pay any other taxes or assessments that the Association or the
Board is required or permitted to secure or to pay for pursuant to Applicable Law or under the
terms of the Restrictions or as determined by the Board.
4.5.11 Construction on Common Area. To construct new Improvements or
additions to any property owned, leased, or licensed by the Association, subject to the approval
of the Board and the Declarant until expiration or termination of the Development Period.
4.5.12 Contracts. To enter into Bulk Rate Contracts or other contracts or
licenses with Declarant or any third party on such terms and provisions as the Board will
determine, to operate and maintain any Common Area or other property, or to provide any
service, including but not limited to cable, utility, or telecommunication services, or perform
any function on behalf of Declarant, the Board, the Association, or the Members. During the
Development Period, all Bulk Rate Contracts must be approved in advance and in writing by
the Declarant.
4.5.13 Pro�ertv Ownershi�. To acquire, own and dispose of all manner of
real and personal property, including habitat, whether by grant, lease, easement, gift or
otherwise. During the Development Period, all acquisitions and dispositions of the Association
hereunder must be approved in advance and in writing by the Declarant.
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4.5.14 Allocation of Votes. To determine votes when permitted pursuant to
Section 4.4 above.
4.5.15 Authoritv with Res�ect to the Restrictions. To do any act, thing or
deed that is necessary or desirable, in the judgment of the Board, to implement, administer or
enforce any of the Restrictions. Any decision by the Board to delay or defer the exercise of the
power and authority granted by this Section 4.5.15 will not subsequently in any way limit,
impair or affect ability of the Board to exercise such power and authority.
4.5.16 Membershi� Privileges. To establish Rules and Regulations
governing and limiting the use of the Common Area and any Improvements thereon.
4.6 Conveyance of Common Area to the Association. The Association may acquire,
hold, and dispose of any interest in tangible and intangible personal property and real property.
Declarant, and its assignees, reserves the right, from time to time and at any time, to designate,
convey, assign or transfer by written and Recorded instrument property being held by the
Declarant for the benefit of the Association. Upon the Recording of a designation, the portion of
the property identified therein will be considered Common Area for the purpose of this
Declaration and the Association shall have an easement over and across the Common Area
necessary or required to discharge the Association's obligations under this Declaration, subject
to any terms and limitations to such easement set forth in the designation. Declarant and its
assignees may also assign, transfer or convey to the Association interests in real or personal
property within or for the benefit of the Property, for the Property and the general public, or
otherwise, as determined in the sole and absolute discretion of the Declarant. All or any real or
personal property assigned, transferred and/or conveyed by the Declarant to the Association
shall be deemed accepted by the Association upon Recordation, and without further action by
the Association, and shall be considered Common Area without regard to whether such real or
personal property is designated by the Declarant as Common Area. If requested by the
Declarant, the Association will execute a written instrument, in a form requested by the
Declarant, evidencing acceptance of such real or personal property; provided, however,
execution of a written consent by the Association shall in no event be a precondition to
acceptance by the Association. The assignment, transfer, and/or conveyance of real or personal
property to the Association may be by deed without warranty, may reserve easements in favor
of the Declarant or a third party designated by Declarant over and across such property, and
may include such other provisions, including restrictions on use, determined by the Declarant,
in the Declarant's sole and absolute discretion. Property assigned, transferred, and/or
conveyed to the Association may be improved or unimproved and may consist of fee simple
title, easements, leases, licenses, or other real or personal property interests. Upon Declarant's
written request, the Association will re-convey to Declarant any unimproved real property that
Declarant originally conveyed to the Association for no payment.
4.7 Indemnification. To the fullest extent permitted by Applicable Law but without
duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the
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Association, the Association will indemnify any person who was, or is, a party, or is threatened
to be made a party to any threatened pending or completed action, suit or proceeding, whether
civil, criminal, administrative or investigative by reason of the fact that he is, or was, a director,
officer, committee member, employee, servant or agent of the Association against expenses,
including attorneys' fees, reasonably incurred by him in connection with such action, suit or
proceeding if it is found and determined by the Board or a court of competent jurisdiction that
he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not
opposed to, the best interests of the Association; or (ii) with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or
its equivalent, will not of itself create a presumption that the person did not act in good faith or
in a manner which was reasonably believed to be in, or not opposed to, the best interests of the
Association or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
4.8 Insurance. The Board may purchase and cause to be maintained, at the expense
of the Association, insurance on behalf of any person who is acting as a director, officer,
committee member, employee, servant or agent of the Association against any liability asserted
against or incurred by such person in any such capacity, or arising out of such persori s status as
such, whether or not the Association would have the power to indemnify such person against
such liability or otherwise.
4.9 Bulk Rate Contracts. Without limitation on the generality of the Association
powers set out in Section 4.5 hereinabove (except that during the Development Period, all Bulk
Rate Contracts must be approved in advance and in writing by the Declarant), the Association
will have the power to enter into Bulk Rate Contracts at any time and from time to time. The
Association may enter into Bulk Rate Contracts with any service providers chosen by the Board
(including Declarant, and/or any entities in which Declarant, or the owners or partners of
Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be
entered into on such terms and provisions as the Board may determine in its sole and absolute
discretion. The Association may, at its option and election, add the charges payable by such
Owner under such Bulk Rate Contract to the Assessments against such Owner's Lot. In this
regard, it is agreed and understood that, if any Owner fails to pay any charges due by such
Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to
collect such charges by exercising the same rights and remedies it would be entitled to exercise
under this Declaration with respect to the failure by such Owner to pay Assessments, including
without limitation the right to foreclose the lien against such Owner's Lot which is reserved
under the terms and provisions of this Declaration. In addition, in the event of nonpayment by
any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least
twelve (12) days since such charges were due, the Association may, upon five (5) days' prior
written notice to such Owner (which may run concurrently with such 12 day period), in
addition to all other rights and remedies available pursuant to Applicable Law, terminate, in
such manner as the Board deems appropriate, any utility service or other service provided at
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the cost of the Association and not paid for by such Owner (or the Resident of such Owner's
Lot) directly to the applicable service or utility provider. Such notice will consist of a separate
mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
"termination notice" or similar language prominently displayed on the notice. The notice will
include the office or street address where the Owner (or the Resident of such Owner's Lot) can
make arrangements for payment of the bill and for re-connection or re-institution of service. No
utility or cable television service will be disconnected on a day, or immediately preceding a day,
when personnel are not available for the purpose of collection and reconnecting such services.
4.10 Community Systems. The Association is specifically authorized to provide, or
to enter into contracts to provide Community Systems. Any such contracts may provide for
installation, operation, management, maintenance, and upgrades or modifications to the
Community Systems as the Board determines appropriate. Each Owner acknowledges that
interruptions in Community Systems and services will occur from time to time. Declarant and
the Association, or any of their respective successors or assigns shall not be liable for, and no
Community System or service user shall be entitled to refund, rebate, discount, or offset in
applicable fees for, any interruption in Community Systems and services, regardless of whether
or not such interruption is caused by reasons within the service provider's control.
4.11 Declarant's Right to Contribute to Revenues of the Association. Declarant
shall have the right, but not the obligation, in its sole discretion and from time to time, to
contribute to the revenues of the Association. At the option of Declarant, such contribution may
be reflected on the books and records of the Association as a loan, in which event it shall be
repaid by the Association to Declarant, at the discretion of Declarant. If treated as a loan, the
contribution shall accrue interest, compounded monthly, from the date it is made until the date
of its repayment, at the short term Applicable Federal Rate ("AFR"), as published by the
Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
4.12 Protection of Declarant's Interests. Despite any assumption of control of the
Board by Owners other than Declarant, until the expiration or termination of the Development
Period, the Board is prohibited from taking any action which would discriminate against
Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
shall be entitled to determine, in its sole and absolute discretion, whether any such action
discriminates or is detrimental to Declarant. The Board will be required to continue the same
level and quality of maintenance, operations and services as that provided immediately prior to
assumption of control of the Board by Owners other than Declarant until the expiration or
termination of the Development Period.
4.13 Administration of Common Area. The administration of the Common Area by
the Association shall be in accordance with the provisions of Applicable Law and the
Restrictions, and of any other agreements, documents, amendments or supplements to the
foregoing which may be duly adopted or subsequently required by any institutional or
governmental lender, purchaser, insurer or guarantor of mortgage loans (including, for
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example, the Federal Home Loan Mortgage Corporation) designated by Declarant or by any
governmental or quasi-governmental agency having regulatory jurisdiction over the Common
Area or by any title insurance company selected by Declarant to insure title to any portion of
the Common Area.
4.14 Private Streets. The Association shall be obligated to maintain the Private Streets
in a good and functioning condition and in compliance with Applicable Law. The Private
Streets shall provide perpetual access to all Lots for police and other emergency vehicles, public
and private utility maintenance and service personnel, solid waste collection services, the U.S.
Postal Service, and government employees in pursuit of their official duties. Access to the
Private Streets for the persons and entities referenced in the preceding sentence shall be
reasonably provided by the Association.
4.15 Notices and Disclaimers as to Security S�stems. NEITHER THE DECLARANT,
A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS
GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR
FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY
SYSTEM OR SERVICES WILL PREVENT INTRUSIONS NOTIFY AUTHORITIES OF FIRES OR
OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES,
REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO
MONITOR SAME; AND EVERY OWNER OR OCCUPANT OF PROPERTY RECEIVING
SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT
NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR
THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR OCCUPANT'S
PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WILL NOT
BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM
SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual
damages, if any, which may proximately result from a failure on the party of a security service
provider to perform any of its obligations with respect to security services and, therefore, every
Owner or occupant of property receiving security services through the Community Systems
agrees that neither the Declarant, a Homebuilder, nor the Association, or their successors or
assigns assumes liability for loss or damage to property or for personal injury or death to
persons due to any reason, including, without limitation, failure in transmission of an alarm,
interruption of security service or failure to respond to an alarm because of: (a) any failure of
the Owner's security system; (b) any defective or damaged equipment, device, line or circuit; (c)
negligence, active or otherwise, of the security service provider or its officers, agents or
employees; or (d) fire, flood, riot, war, act of God or other similar causes which are beyond the
control of the security service provider. Every Owner and Resident obtaining security services
through the Community Systems further agrees for himself, his grantees, tenants, guests,
invitees, licensees and family members that if any loss or damage should result from a failure of
performance or operation, or from defective performance or operation, or from improper
installation, monitoring or servicing of the system, or from negligence, active or otherwise, of
the security service provider or its officers, agents, or employees, the liability, if any, of the
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Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage,
injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars
($250.00), which limitation apply irrespective of the cause or origin of the loss or damage and
notwithstanding that the loss or damage results directly or indirectly from negligent
performance, active or otherwise, or non-performance by an officer, agent or employee of
Declarant, a Homebuilder, or the Association, or their successors or assigns. Further, in no
event will Declarant, a Homebuilder, the Association, or their successors or assigns be liable for
consequential damages, wrongful death, personal injury or commercial loss.
4.16 Mer�er. Merger or consolidation of the Association with another association
must be evidenced by an amendment to this Declaration. The amendment must be approved
by at least two-thirds of the votes of Members present in person or by proxy at the meeting at
which the action to merge or consolidate with another association is submitted for a vote. On
merger or consolidation of the Association with another association, the property, rights, and
obligations of another association may, by operation of law, be added to the properties, rights,
and obligations of the Association as a surviving corporation pursuant to the merger. The
surviving or consolidated association may administer the provisions of the Restrictions within
the Property, together with the covenants and restrictions established on any other property
under its jurisdiction. No merger or consolidation, however, will effect a revocation, change, or
addition to the covenants established by this Declaration within the Property.
4.17 Ri�ht of Action by Association. The Association shall not have the power to
institute, defend, intervene in, settle or compromise litigation or administrative proceedings:
(i) in the name of or on behalf of any Lot Owner (whether one or more); or (ii) pertaining to a
Claim, as defined in Section 12.1 below, relating to the design or construction of Improvements
on a Lot. This Section 4.17 may not be amended or modified without Declarant's written and
acknowledged consent and Members entitled to cast at least one hundred percent (100%) of the
total number of votes of the Association, which must be part of the Recorded amendment
instrument.
ARTICLE 5
INSURANCE
5.1 Insurance. Each Owner will be required to purchase and maintain commercially
standard insurance on the Improvements located upon such Owner's Lot. The Association will
not be required to maintain insurance on the Improvements constructed upon any Lot. The
Association may, however, obtain such insurance as it may deem necessary, including but not
limited to such policies of liability and property damage insurance as the Board, in its
discretion, may deem necessary. Insurance premiums for such policies will be a common
expense to be included in the Assessments levied by the Association. The acquisition of
insurance by the Association will be without prejudice to the right and obligation of any Owner
to obtain additional individual insurance. During the Development Period, Declarant reserves
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the right to satisfy the insurance obligations of the Association with a master insurance program
controlled by Declarant.
ARE YOU COVERED?
The Association will not provide insurance which covers an Owner's Lot or
any Improvements or personal property located on a Lot.
5.2 Restoration. In the event of any fire or other casualty, unless otherwise
approved by the ACC, the Owner (i) promptly repair, restore and replace any damaged or
destroyed structures to their same exterior condition existing prior to the damage or destruction
thereof, or (ii) in the case of substantial or total damage or destruction of any Improvement,
remove all such damaged Improvements and debris from the Property within thirty (30) days
after the occurrence of such damage. Such repair, restoration or replacement will be
commenced and completed in a good and workmanlike manner and diligently pursed to
completion using exterior materials identical to those originally used in the structures damaged
or destroyed. To the extent that the Owner fails to commence such repair, restoration or
replacement of substantial or total damage or destruction within one hundred and twenty (120)
days after the occurrence of such damage or destruction, and thereafter prosecute same to
completion, or if the Owner does not clean up any debris resulting from any damage within
thirty (30) days after the occurrence of such damage, the Association may commence, complete
or effect such repair, restoration, replacement or clean-up, and such Owner will be personally
liable to the Association for the cost of such work; provided, however, that if the Owner is
prohibited or delayed by Applicable Law from commencing such repair, restoration,
replacement or clean-up, the rights of the Association under this provision will not arise until
the expiration of thirty (30) days after such prohibition or delay is removed. If the Owner fails
to pay such cost upon demand by the Association, the cost thereof (plus interest from the date
of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate,
than at the rate of one and one-half percent (1�/z%) per month) will be added to the Assessment
chargeable to the Owner's Lot. Any such amounts added to the Assessments chargeable
against a Lot will be secured by the liens reserved in this Declaration for Assessments and may
be collected by any means provided in this Declaration for the collection of Assessments,
including, but not limited to, foreclosure of such liens against the Owner's Lot. EACH SUCH
OWNER WILL INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION AND ITS
OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM
ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION
INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR
ACTIVITIES UNDER THIS SECTION 5.2, EXCEPT FOR SUCH COST, LOSS, DAMAGE,
EXPENSE, LIABILITY, CLAIM OR COST OF ACTION ARISING BY REASON OF THE
ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "GROSS
NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE,
CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL
GROSS NEGLIGENCE.
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5.3 Mechanic's and Materialmen's Lien. Each Owner whose structure is repaired,
restored, replaced or cleaned up by the Association pursuant to the rights granted under this
Article 5, hereby grants to the Association an express mechanic's and materialmeri s lien for the
reasonable cost of such repair, restoration, or replacement of the damaged or destroyed
Improvement to the extent that the cost of such repair, restoration or replacement exceeds any
insurance proceeds allocable to such repair, restoration or replacement and delivered to the
Association. Upon request by the Board, and before the commencement of any reconstruction,
repair, restoration or replacement, such Owner will execute all documents sufficient to
effectuate such mechanic's and materialmeri s lien in favor of the Association.
ARTICLE 6
COVENANT FOR ASSESSMENTS
6.1 Assessments.
6.1.1 Established bv Board. Assessments established by the Board
pursuant to the provisions of this Article 6 will be levied against each Lot in amounts
determined pursuant to Section 6J below. The total amount of Assessments will be determined
by the Board pursuant to Sections 6.3, 6.4, 6.5 and/or 6.6.
6.1.2 Personal Obligation; Lien. Each Assessment, together with such
interest thereon and costs of collection as hereinafter provided, will be the personal obligation
of the Owner of the Lot against which the Assessment is levied and will be secured by a lien
hereby granted and conveyed by Declarant to the Association against each such Lot and all
Improvements thereon (such lien, with respect to any Lot not in existence on the date hereof,
will be deemed granted and conveyed at the time that such Lot is created). The Association
may enforce payment of such Assessments in accordance with the provisions of this Article.
6.1.3 Declarant Subsidv. Declarant may, but is not obligated to, reduce
Assessments which would otherwise be levied against Lots for any fiscal year by the payment
of a subsidy to the Association. Any subsidy paid to the Association by Declarant may be
treated as a contribution or a loan, in Declarant's sole and absolute discretion. The payment of a
subsidy in any given year will not obligate Declarant to continue payment of a subsidy to the
Association in future years.
6.2 Maintenance Fund. The Board will establish a maintenance fund into which will
be deposited all monies paid to the Association and from which disbursements will be made in
performing the functions of the Association under this Declaration. The funds of the
Association may be used for any purpose authorized by the Restrictions and the Applicable
Law.
6.3 Regular Annual Assessments. Prior to the beginning of each fiscal year, the
Board will estimate the expenses to be incurred by the Association during such year in
performing its functions and exercising its powers under the Restrictions, including, but not
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limited to, the cost of all management, repair and maintenance, the cost of providing street and
other lighting, the cost of administering and enforcing the Restrictions, and will estimate the
amount needed to maintain a reasonable provision for contingencies and an appropriate
replacement reserve, and will give due consideration to any expected income and any surplus
from the prior year's fund. Assessments sufficient to pay such estimated net expenses will then
be levied at the level of Assessments set by the Board in its sole and absolute discretion, and the
Board's determination will be final and binding so long as it is made in good faith. If the sums
collected prove inadequate for any reason, including nonpayment of any Assessment, the
Association may at any time, and from time to time, levy further Assessments in the same
manner. All such regular annual Assessments will be due and payable to the Association
annually on or before the first day of the month at the beginning of the fiscal year, or in such
other manner as the Board may designate in its sole and absolute discretion.
6.4 Working Ca�ital Assessment. Each Owner (other than Declarant) of a Lot will
pay a one-time working capital assessment (the "Working Capital Assessment") to the
Association in such amount as may be determined by the Declarant or the Board, until
expiration or termination of the Development Period, and the Board thereafter. The Working
Capital Assessment hereunder will be due and payable to the Association upon the transfer of a
Lot (including both transfers from Declarant to the initial Owner, and transfers from one Owner
of a Lot to a subsequent Owner of a Lot). Each Working Capital Assessment will be collected
from the transferee of a Lot upon the conveyance of the Lot from one Owner (including
Declarant) to another (expressly including any reconveyance of the Lot upon resale or transfer
thereof). Such Working Capital Assessment need not be uniform among all Lots, and the Board
is expressly authorized to levy Working Capital Assessments of varying amounts depending on
the size, use and general character of the Lots then being made subject to such levy. The
Association may use the working capital to discharge operating expenses. The levy of any
Working Capital Assessment will be effective only upon the Recordation of a written notice,
signed by the Declarant or a duly authorized officer of the Association, setting forth the amount
of the Working Capital Assessment and the Lots to which it applies.
Notwithstanding the foregoing provision, the following transfers will not be subject to
the Working Capital Assessment: (i) foreclosure of a deed of trust lien, tax lien, or the
Associatiori s assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer
by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale
to a Homebuilder (a "Development Owner") will not be subject to the Working Capital
Assessment; however, the Working Capital Assessment will be payable by any Owner who
acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by
any Owner who: (i) acquires a Lot and is not in the business of constructing single-family
residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than
constructing a single-family residence thereon for resale to a third party. In the event of any
dispute regarding the application of the Working Capital Assessment to a particular Owner, the
Declarant's during the Development Period, and thereafter the Board's, determination
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regarding the application of the exemption will be binding and conclusive without regard to
any contrary interpretation of this Section 6.4. The Working Capital Assessment will be in
addition to, not in lieu of, any other Assessments levied in accordance with this Article 6 and
will not be considered an advance payment of such Assessments. The Declarant during the
Development Period, and thereafter the Board, will have the power to waive the payment of
any Working Capital Assessment attributable to a Lot (or all Lots) by the Recordation of a
waiver notice, which waiver may be temporary or permanent.
6.5 S�ecial Assessments. In addition to the regular annual Assessments provided
for above, the Board may levy special Assessments whenever in the Board's opinion such
special Assessments are necessary to enable the Board to carry out the functions of the
Association under the Restrictions. The amount of any special Assessments will be at the
reasonable discretion of the Board. In addition to the special Assessments authorized above, the
Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area.
6.6 Individual Assessments. In addition to any other Assessments, the Board may
levy an Individual Assessment against an Owner and the Owner's Lot. Individual Assessments
may include, but are not limited to: interest, late charges, and collection costs on delinquent
Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into
compliance with the Declaration; fines for violations of the Restrictions; transfer-related fees
and resale certificate fees; fees for estoppel letters and project documents;insurance deductibles;
reimbursement for damage or waste caused by willful or negligent acts of the Owner, the
Owner's guests, invitees or Residents of the Owner's Lot; common expenses that benefit fewer
than all of the Lots, which may be assessed according to benefit received; fees or charges levied
against the Association on a per-Lot basis; and "pass through" expenses for services to Lots
provided through the Association and which are equitably paid by each Lot according to the
benefit received.
6.7 Amount of Assessment.
6.7.1 Assessments to be Levied. The Board shall levy Assessments against
each "Assessment Unit" (as defined in Section 6.7.2 below). Unless otherwise provided in this
Declaration, Assessments levied pursuant to Section 6.3 and Section 6.6 shall be levied uniformly
against each Assessment Unit allocated to a Lot.
6.7.2 Assessment Unit. Each Lot shall constitute one "Assessment Unit"
unless otherwise provided in Section 6J.3 and 6J.4.
6.7.3 Assessment Exem�tion. Notwithstanding anything in this
Declaration to the contrary, no Assessments shall be levied upon Lots owned by Declarant.
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6.7.4 Other Exem�tions. Declarant may, in its sole discretion, elect to: (i)
exempt any un-platted or unimproved portion of the Property or any Lot from any Assessments
levied or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any un-
platted, unimproved or improved portion of the Property. Declarant or the Board may also
exempt any portion of the Property which is dedicated and accepted by public authority from
Assessments.
6.8 Late Charges. If any Assessment is not paid by the due date applicable thereto,
the Owner responsible for the payment may be required by the Board, at the Board's election at
any time and from time to time, to pay a late charge in such amount as the Board may
designate, and the late charge (and any reasonable handling costs) will be levied as an
Individual Assessment against the Lot owned by such Owner, collectible in the manner as
provided for collection of Assessments, including foreclosure of the lien against such Lot;
provided, however, such charge will never exceed the maximum charge permitted under
Applicable Law.
6.9 Owner's Personal Obli�ation; Interest. Assessments levied as provided for
herein will be the personal and individual debt of the Owner of the Lot against which are levied
such Assessments. No Owner may exempt himself from liability for such Assessments. In the
event of default in the payment of any such Assessment, the Owner of the Lot will be obligated
to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury
laws then in effect on the amount of the Assessment from the due date therefor (or if there is no
such highest rate, then at the rate of one and one half percent (1 1/2%)per month), together with
all late charges, if any, costs and expenses of collection, including reasonable attorney's fees.
Such amounts will be levied as an Individual Assessment against the Lot owned by such
Owner.
6.10 Assessment Lien and Foreclosure. The payment of all sums assessed in the
manner provided in this Article is, together with late charges as provided in Section 6.8 and
interest as provided in Section 6.9 hereof and all costs of collection, including attorney's fees as
herein provided, secured by the continuing Assessment lien granted to the Association
pursuant to Section 6.1.2 above, and will bind each Lot in the hands of the Owner thereof, and
such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien
will be superior to all other liens and charges against such Lot, except only for: (i) tax liens and
governmental assessment liens; (ii) all sums secured by a Recorded first mortgage lien or
Recorded first deed of trust lien of record, to the extent such lien secures sums borrowed for the
acquisition or improvement of the Lot in question; (iii) home equity loans or home equity lines
of credit which are secured by a Recorded second mortgage lien or Recorded second deed of
trust lien of record; or (iv) as otherwise provided by Applicable Law; provided that, in the case
of subparagraphs (ii), (iii) and (iv) above, such Mortgage was Recorded before the delinquent
Assessment was due. The Association will have the power to subordinate the aforesaid
Assessment lien to any other lien. Such power will be entirely discretionary with the Board,
and such subordination may be signed by an authorized officer, agent, or attorney of the
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Association. The Association may, at its option and without prejudice to the priority or
enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment
lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot
covered by such lien and a description of the Lot. Such notice may be signed by one of the
authorized officers, agents, or attorneys of the Association and will be Recorded. Each Owner,
by accepting a deed or ownership interest to a Lot subject to this Declaration, will be deemed
conclusively to have granted a power of sale to the Association to secure and enforce the
Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will
be in addition to and not in substitution of any other rights and remedies the Association may
have by law and under this Declaration, including the rights of the Association to institute suit
against such Owner personally obligated to pay the Assessment and/or for foreclosure of the
aforesaid lien. In any foreclosure proceeding, such Owner will be required to pay the costs,
expenses and reasonable attorney's fees incurred. The Association will have the power to bid
(in cash or by credit against the amount secured by the lien) on the property at foreclosure or
other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.
Upon the written request of any Mortgagee, the Association will report to said Mortgagee any
unpaid Assessments remaining unpaid for longer than sixty (60) days after the same are due.
The lien hereunder will not be affected by the sale or transfer of any Lot; except, however, that
in the event of foreclosure of any lien superior to the Assessment lien, the lien for any
Assessments that were due and payable before the foreclosure sale will be extinguished,
provided that past-due Assessments will be paid out of the proceeds of such foreclosure sale
only to the extent that funds are available after the satisfaction of the indebtedness secured by
the Mortgage. The provisions of the preceding sentence will not, however, relieve any
subsequent Owner (including any Mortgagee or other purchaser at a foreclosure sale) from
paying Assessments becoming due and payable after the foreclosure sale. Upon payment of all
sums secured by a lien of the type described in this Section 6.10, the Association will upon the
request of the Owner, and at such Owner's cost, execute a release of lien relating to any lien for
which written notice has been Recorded as provided above, except in circumstances in which
the Association has already foreclosed such lien. Such release will be signed by an authorized
officer, agent, or attorney of the Association. In addition to the lien hereby retained, in the
event of nonpayment by any Owner of any Assessment and after the lapse of at least twelve (12)
days since such payment was due, the Association may, upon five (5) days' prior written notice
(which may run concurrently with such twelve (12) day period) to such Owner, in addition to
all other rights and remedies available pursuant to Applicable Law, equity or otherwise,
terminate, in such manner as the Board deems appropriate, any utility or cable service provided
through the Association and not paid for directly by an Owner or Resident to the utility or
service provider. Such notice will consist of a separate mailing or hand delivery at least five (5)
days prior to a stated date of disconnection, with the title "termination notice" or similar
language prominently displayed on the notice. The notice will include the office or street
address where the Owner or the Resident of the Owner's Lot can make arrangements for
payment of the bill and for reconnection of service. Utility or cable service will not be
disconnected on a day, or immediately preceding a day, when personnel are not available for
the purpose of collection and reconnecting such services. Except as otherwise provided by
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Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such
Owner's transferee from liability for any Assessments thereafter becoming due or from the lien
associated therewith. If an Owner conveys its Lot and on the date of such conveyance
Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this
Declaration to the Association, the Owner will pay such amounts to the Association out of the
sales price of the Lot, and such sums will be paid in preference to any other charges against the
Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas or
a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner
conveying such Lot will remain personally liable for all such sums until the same are fully paid,
regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts.
The Board may adopt an administrative transfer fee to cover the expenses associated with
updating the Associatiori s records upon the transfer of a Lot to a third party; provided,
however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third
party.
Yes,the Association can foreclose on your Lot!
If you fail to pay assessments to the Association,you may lose title to your Lot if the
Association forecloses its assessment lien.
6.11 Exem�t Pro�ert�. The following areas will be exempt from the Assessments
provided for in this Article:
(i) All area dedicated and accepted by a public authority;
(ii) The Common Area; and
(iii) Any portion of the Property owned by Declarant.
6.12 Fines and Dama�es Assessment.
6.12.1 Board Assessment. The Board may assess fines against an Owner for
violations of the Restrictions which have been committed by an Owner, a Resident, or the
Owner or Residents guests, agents or invitees pursuant to the Fine and Collection Policy
adopted by the Board. Any fine and/or charge levied in accordance with this Section 6.12 will be
considered an Individual Assessment pursuant to this Declaration. Each day of violation may
be considered a separate violation if the violation continues after written notice to the Owner.
The Board may assess damage charges against an Owner for pecuniary loss to the Association
from property damage or destruction of Common Area or any facilities caused by the Owner,
Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to
alleged violators, informing them of their violations and asking them to comply with the Rules
and/or informing them of potential or probable fines or damage assessments. The Board may
from time to time adopt a schedule of fines.
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6.12.2 Lien Created. The payment of each fine and/or damage charge levied
by the Board against the Owner of a Lot is, together with interest as provided in Section 6.9
hereof and all costs of collection, including attorney's fees as herein provided, secured by the
lien granted to the Association pursuant to Section 6.1.2 of this Declaration. The fine and/or
damage charge will be considered an Assessment for the purpose of this Article, and will be
enforced in accordance with the terms and provisions governing the enforcement of
assessments pursuant to this Article 6.
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE
ORDINANCES AND REQUIREMENTS IMPOSED BY THE TOWN ARE APPLICABLE TO
ALL LOTS. APPROVAL BY THE ARCHITECTURAL CONTROL COMMITTEE IS NOT A
SUBSTITUTE FOR COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS.
THIS DECLARATION DOES DO NOT PURPORT TO LIST OR DESCRIBE EACH
ORDINANCE OR RESTRICTION WHICH MAY BE APPLICABLE TO A LOT.
Until Declarant has delegated its right to appoint and remove all members of the ACC to
the Board as provided in Section 7.2.1 below, the ACC will be acting solely in Declarant's
interest and will owe no dutv to any other Owner or the Association. Notwithstanding any
provision in this Declaration to the contrary, Declarant may appoint a single person to exercise
the rights of the ACC.
7.1 Construction of Im�rovements. No Improvement may be erected, placed,
constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant
without the prior written approval of the ACC.
7.2 Architectural Control Committee.
7.2.1 Com�osition. The ACC will be composed of not more than three (3)
persons (who need not be Members or Owners) appointed as provided below. The ACC will
review Improvements proposed to be made by any Owner other than Declarant. Declarant will
have the right to appoint and remove (with or without cause) all members of the ACC.
Declarant may assign its right to appoint all members of the ACC to the Association by
Recorded written instrument, and thereafter, the Board will have the right to appoint and
remove (with or without cause) all members of the ACC. Any assignment by Declarant of the
right to appoint and remove all members of the ACC may be withdrawn until expiration of
twelve (12) months after the expiration of the Development Period. If Declarant withdraws its
assignment of the right to appoint and remove all members of the ACC, then on the date of such
withdrawal, Declarant will have the right to appoint and remove (with or without cause) all
members of the ACC. Declarant's right to appoint all members of the ACC will automatically
be assigned to the Association upon the expiration of twelve (12) months after the expiration of
the Development Period. Declarant, at its option, may create and assign specific duties and
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responsibilities to one or more sub-committees consisting of inembers and/or nonmembers of
the ACC. In the event responsibilities and duties are assigned to a sub-committee, those
responsibilities and duties will no longer be discharged by the ACC unless the sub-committee
exercising such duties and responsibilities is dissolved by Declarant. The right to create,
dissolve, and appoint members of such sub-committees will reside exclusively with Declarant
until such time as Declarant has assigned its right to appoint members of the ACC to the
Association. The ACC will have the right to employ consultants and advisors as it deems
necessary or appropriate. The Declarant or the Board, as applicable, shall appoint at least one
(1) member of the ACC or sub-committee, as applicable, who is a licensed architect, for the
purpose of reviewing, and providing recommendations related to, plans and specifications
submitted to the ACC in accordance with Section 7.2.2 below.
7.2.2 Submission and A�roval of Plans and S�ecifications. Construction
plans and specifications or, when an Owner desires solely to re-subdivide or consolidate Lots, a
proposal for such re-subdivision or consolidation, will be submitted in accordance with the
Design Guidelines or any additional rules adopted by the ACC together with any review fee
which is imposed by the ACC in accordance with Section 7.2.3 to the ACC at the offices of
Declarant, at such address as may hereafter be designated in writing from time to time. No
re-subdivision or consolidation will be made, nor any Improvement placed or allowed on any
Lot, until the plans and specifications thereof have been approved in writing by a Majority of
the members of the ACC. The ACC may, in reviewing such plans and specifications consider
any information that it deems proper;including,without limitation, any permits, environmental
impact statements or percolation tests that may be required by the ACC or any other entity; and
harmony of external design and location in relation to surrounding structures, topography,
vegetation, and finished grade elevation. The ACC may postpone its review of any plans and
specifications submitted for approval pending receipt of any information or material which the
ACC, in its sole discretion, may require. Site plans must be approved by the ACC prior to the
clearing of any Lot, or the construction of any Improvements. The ACC may refuse to approve
plans and specifications for proposed Improvements, or for the re-subdivision or consolidation
of any Lot on any grounds that, in the sole and absolute discretion of the ACC, are deemed
sufficient, including,but not limited to, purely aesthetic grounds.
Notwithstanding any provision to the contrary in the Declaration, the ACC may issue an
approval to Homebuilders for the construction of Improvements based on the review and
approval of plan types and adopt a procedure which differs from the procedures for review and
approval of Improvements set forth in this Declaration.
7.2.3 Design Guidelines. Declarant may adopt the initial Design
Guidelines and, during the Development Period, will have the power from time to time, to
adopt (unless previously adopted by Declarant), amend, modify, or supplement the Design
Guidelines. Upon expiration or termination of the Development Period, the ACC, or any sub-
committee thereof created pursuant to Section 7.2.1, will have the power from time to time, to
amend, modify, or supplement the Design Guidelines;�rovided, however, that any amendment
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to the Design Guidelines made by a sub-committee will only apply to the Improvements under
the jurisdiction of such sub-committee, and during the Development Period, any such
amendment, modification or supplement must be approved in advance and in writing by the
Declarant. In the event of any conflict between the terms and provisions of the Design
Guidelines and the terms and provisions of this Declaration, the terms and provisions of this
Declaration will control. In addition, the ACC will have the power and authority to impose a
fee for the review of plans, specifications and other documents and information submitted to it
pursuant to the terms of this Declaration. Such charges will be held by the ACC and used to
defray the administrative expenses incurred by the ACC in performing its duties hereunder;
provided, however, that any excess funds held by the ACC will be distributed to the
Association at the end of each calendar year. The ACC will not be required to review any plans
until a complete submittal package, as required by this Declaration and the Design Guidelines,
is assembled and submitted to the ACC. The ACC will have the authority to adopt such
additional procedural and substantive rules and guidelines (including, without limitation, the
imposition of any requirements for certificates of compliance or completion relating to any
Improvement and the right to approve in advance any contractor selected for the construction
of Improvements), not in conflict with this Declaration, as it may deem necessary or appropriate
in connection with the performance of its duties hereunder.
7.2.4 Actions of the ACC. The ACC may, by resolution unanimously
adopted in writing, designate one or more of its members, or an agent acting on its behalf, to
take any action or perform any duties for and on behalf of the ACC, except the granting of
variances. In the absence of such designation, the vote of a Majority of all of the members of the
ACC taken at a duly constituted meeting will constitute an act of the ACC.
7.2.5 Failure to Act. In the event that any plans and specifications are
submitted to the ACC as provided herein, and the ACC fails either to approve or reject such
plans and specifications for a period of sixty (60) days following such submission, rejection of
such plans and specifications by the ACC will be presumed. In furtherance, and not in
limitation, of the foregoing, any failure of the ACC to act upon a request for a variance will not
be deemed a consent to such variance, and the ACC's written approval of all requests for
variances will be expressly required.
7.2.6 Variances. The ACC may grant variances from compliance with any
of the provisions of the Design Guidelines or this Declaration, when, in the opinion of the ACC,
in its sole and absolute discretion, such variance is justified. All variances must be evidenced in
writing and must be signed by at least a Majority of the members of the ACC. Each variance
must also be Recorded; provided however, that failure to record a variance will not affect the
validity thereof or give rise to any claim or cause of action against the ACC, including the
Declarant or its designee, the Association, or the Board. If a variance is granted, no violation of
the covenants, conditions, or restrictions contained in this Declaration or the Design Guidelines
will be deemed to have occurred with respect to the matter for which the variance was granted.
The granting of such variance will not operate to waive or amend any of the terms and
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provisions of this Declaration or the Design Guidelines for any purpose except as to the
particular property and in the particular instance covered by the variance, and such variance
will not be considered to establish a precedent for any future waiver, modification, or
amendment of the terms and provisions of this Declaration or the Design Guidelines.
7.2.7 Duration of A�roval. Unless otherwise directed by the ACC, the
approval of the ACC of any plans and specifications, and any variances granted by the ACC,
will be valid for a period of one hundred and eighty (180) days only. If construction in
accordance with such plans and specifications or variance is not commenced within such one
hundred and eighty (180) day period and diligently prosecuted to completion, the Owner will
be required to resubmit such plans and specifications or request for a variance to the ACC, and
the ACC will have the authority to re-evaluate such plans and specifications in accordance with
this Section 7.2J and may, in addition, consider any change in circumstances which may have
occurred since the time of the original approval.
7.2.8 No Waiver of Future A�rovals. The approval of the ACC to any
plans or specifications for any work done or proposed in connection with any matter requiring
the approval or consent of the ACC will not be deemed to constitute a waiver of any right to
withhold approval or consent as to any plans and specifications on any other matter,
subsequently or additionally submitted for approval by the same or a different person, nor will
such approval or consent be deemed to establish a precedent for future approvals by the ACC.
7.2.9 Non-Liabilitv of Committee Members. NEITHER DECLARANT,
THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR, OFFICER, COMMITTEE
MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON
FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE
ACCS DUTIES UNDER THIS DECLARATION.
ARTICLE 8
MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots within the Property. The provisions of this Article apply to the Declaration
and the Bylaws of the Association.
8.1 Notice of Action. An institutional holder, insurer, or guarantor of a first
Mortgage which provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the street address of the Lot to which its
Mortgage relates (thereby becoming an "Eligible Mortgage Holder")), will be entitled to timely
written notice of:
(i) Any condemnation loss or any casualty loss which affects a material
portion of the Property or which affects any Lot on which there is an
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Eligible Mortgage held, insured, or guaranteed by such Eligible Mortgage
Holder; or
(ii) Any delinquency in the payment of assessments or charges owed for a
Lot subject to the Mortgage of such Eligible Mortgage Holder, where such
delinquency has continued for a period of sixty (60) days, or any other
violation of the Restrictions relating to such Lot or the Owner or Resident
which is not cured within sixty (60) days; or
(iii) Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association.
8.2 Examination of Books. The Association will permit Mortgagees to examine the
books and records of the Association during normal business hours.
8.3 Taxes, Assessments and Charges. All taxes, assessments and charges that may
become liens prior to first lien mortgages under Applicable Law will relate only to the
individual Lots and not to any other portion of the Property.
ARTICLE 9
GENERAL PROVISIONS
9.1 Term. The terms, covenants, conditions, restrictions, easements, charges, and
liens set out in this Declaration will run with and bind the Property, and will inure to the benefit
of and be enforceable by the Association, and every Owner, including Declarant, and their
respective legal representatives, heirs, successors, and assigns, for a term beginning on the date
this Declaration is Recorded, and continuing through and including January 1, 2065, after which
time this Declaration will be automatically extended for successive periods of ten (10) years
unless a change (the word "change" meaning a termination, or change of term or renewal term)
is approved in a resolution adopted by Members entitled to cast at least sixty-seven percent
(67%) of the total number of votes of the Association, voting in person or by proxy at a meeting
duly called for such purpose, written notice of which will be given to all Members at least thirty
(30) days in advance and will set forth the purpose of such meeting; provided, however, that
such change will be effective only upon the Recording of a certified copy of such resolution. The
foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a
quorum as established pursuant to the Bylaws. Notwithstanding any provision in this
Section 9.1 to the contrary, if any provision of this Declaration would be unlawful, void, or
voidable by reason of any Applicable Law restricting the period of time that covenants on land
may be enforced, such provision will expire twenty-one (21) years after the death of the last
survivor of the now living, as of the date that this document is first Recorded, descendants of
Elizabeth II, Queen of England.
9.2 Eminent Domain. In the event it becomes necessary for any public authority to
acquire all or any part of the Common Area for any public purpose during the period this
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Declaration is in effect, the Board is hereby authorized to negotiate with such public authority
for such acquisition and to execute instruments necessary for that purpose. Should acquisitions
by eminent domain become necessary, only the Board need be made a party, and in any event
the proceeds received will be held by the Association for the benefit of the Owners. In the event
any proceeds attributable to acquisition of Common Area are paid to Owners, such payments
will be allocated on the basis of Assessment Units and paid jointly to the Owners and the
holders of Mortgages or deeds of trust on the respective Lot.
9.3 Amendment. This Declaration may be amended or terminated by the Recording
of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the
president and secretary of the Association setting forth the amendment and certifying that such
amendment has been approved by Declarant (until expiration or termination of the
Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the
number of votes entitled to be cast by members of the Association. No amendment will be
effective without the written consent of Declarant, its successors or assigns, during the
Development Period. Specifically, and not by way of limitation, Declarant may unilaterally
amend this Declaration: (i) to bring any provision into compliance with Applicable Law; (ii) to
enable any reputable title insurance company to issue title insurance coverage on any Lot; (iii)
to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage
loans, including, for example, the Federal Home Loan Mortgage Corporation, to make,
purchase, insure or guarantee mortgage loans on Lots; or (iv) to comply with any requirements
promulgated by a local, state or governmental agency, including, for example, the Department
of Housing and Urban Development.
9.4 Roadway and Utilit� Easements. Declarant reserves the right to create, locate,
relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed,
erected, and maintained in and on any portion of the Property then owned by Declarant or any
streets maintained by the Association, or areas conveyed to the Association, or areas reserved or
held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and
other pipelines, conduits, wires, and any public utility function beneath or above the surface of
the ground with the right of access to the same at any time for the purposes of repair and
maintenance.
9.5 Enforcement. Except as otherwise provided herein, any Owner of a Lot, at such
Owner's own expense, Declarant and the Association will have the right to enforce, by a
proceeding at law or in equity, the Restrictions. The Association and/or the Declarant may
initiate, defend or intervene in any action brought to enforce any provision of the Restrictions.
Such right of enforcement will include both damages for and injunctive relief against the breach
of any provision hereof. Every act or omission whereby any provision of the Restrictions is
violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated
by any Owner of a Lot (at such Owner's own expense), Declarant or the Association. Any
violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion
of the Property is hereby declared to be a violation of this Declaration and subject to all of the
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enforcement procedures set forth herein. Failure to enforce any right, provision, covenant, or
condition set forth in the Restrictions will not constitute a waiver of the right to enforce such
right, provision, covenants or condition in the future. Failure of the Declarant or the Association
to enforce the terms and provisions of the Restrictions shall in no event give rise to any claim or
liability against the Declarant, the Association, or any of their partners, directors, officers, or
agents. EACH OWNER, BY ACCEPTING TITLE TO ALL OR ANY PORTION OF THE
PROPERTY, HEREBY RELEASES AND SHALL HOLD HARMLESS EACH OF THE
DECLARANT, THE ASSOCIATION, AND THEIR PARTNERS, DIRECTORS, OFFICERS, OR
AGENTS FROM AND AGAINST ANY DAMAGES, CLAIMS, OR LIABILITY ASSOCIATED
WITH THE FAILURE OF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE
TERMS AND PROVISIONS OF THE RESTRICTIONS.
9.6 Higher Authorit�. The terms and provisions of this Declaration are subordinate
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to
the extent they do not violate or conflict with Applicable Law.
9.7 Severabilitv. If any provision of this Declaration is held to be invalid by any
court of competent jurisdiction, such invalidity will not affect the validity of any other provision
of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision
as applied to any other person or entity.
9.8 Conflicts. If there is any conflict between the provisions of this Declaration, the
Certificate, the Bylaws, or any Rules and Regulations adopted pursuant to the terms of such
documents, the provisions of this Declaration, the Certificate, the Bylaws, and the Rules and
Regulations, in such order, will govern.
9.9 Gender. Whenever the context so requires, all words herein in the male gender
will be deemed to include the female or neuter gender, all singular words will include the
plural, and all plural words will include the singular.
9.10 Acce�tance by Grantees. Each grantee of Declarant of a Lot or other real
property interest in the Property,by the acceptance of a deed of conveyance, or each subsequent
purchaser, accepts the same subject to all terms, restrictions, conditions, covenants, reservations,
easements, liens and charges, and the jurisdiction rights and powers created or reserved by this
Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of
every character hereby granted, created, reserved or declared. Furthermore, each grantee
agrees that no assignee or successor to Declarant hereunder will have any liability for any act or
omission of Declarant which occurred prior to the effective date of any such succession or
assignment. All impositions and obligations hereby imposed will constitute covenants running
with the land within the Property, and will bind any person having at any time any interest or
estate in the Property, and will inure to the benefit of each Owner in like manner as though the
provisions of this Declaration were recited and stipulated at length in each and every deed of
conveyance.
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9.11 Damage and Destruction. The Association shall undertake the following actions
subsequent to damage or destruction of all or any part of the Common Area covered by
insurance.
9.11.1 Claims. Promptly after damage or destruction by fire or other
casualty to all or any part of the Common Area covered by insurance, the Board, or its duly
authorized agent, will proceed with the filing and adjustment of all claims arising under such
insurance and obtain reliable and detailed estimates of the cost of repair of the damage. Repair,
as used in this Section 9.11.1, means repairing or restoring the Common Area to substantially the
same condition as existed prior to the fire or other casualty.
9.11.2 Re�air Obligations. Any damage to or destruction of the Common
Area will be repaired unless a Majority of the Board decides within sixty (60) days after the
casualty not to repair. If for any reason either the amount of the insurance proceeds to be paid
as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair,
or both, are not made available to the Association within said period, then the period will be
extended until such information will be made available.
9.11.3 Restoration. In the event that it should be determined by the Board
that the damage or destruction of the Common Area will not be repaired and no alternative
Improvements are authorized, then the affected portion of the Common Area will be restored to
its natural state and maintained as an undeveloped portion of the Common Area by the
Association in a neat and attractive condition.
9.11.4 �ecial Assessment. If insurance proceeds are paid to restore or
repair any damaged or destroyed Common Area, and such proceeds are not sufficient to defray
the cost of such repair or restoration, the Board will levy a special Assessment, as provided in
Article 6, against all Owners. Additional Assessments may be made in like manner at any time
during or following the completion of any repair.
9.11.5 Proceeds Pavable to Owners. In the event that any proceeds of
insurance policies are paid to Owners as a result of any damage or destruction to any Common
Area, such payments will be allocated based on Assessment Units and paid jointly to the
Owners and the holders of Mortgages or deeds of trust on their Lots.
9.12 No Partition. Except as may be permitted in this Declaration or amendments
thereto, no physical partition of the Common Area or any part will be permitted, nor will any
person acquiring any interest in the Property or any part seek any such judicial partition unless
the Property in question has been removed from the provisions of this Declaration pursuant to
Section 11.4 below. This Section 9.12 will not be construed to prohibit the Board from acquiring
and disposing of tangible personal property or from acquiring title to real property that may or
may not be subject to this Declaration, nor will this provision be constructed to prohibit or affect
the creation of a condominium regime in accordance with the Texas Uniform Condominium
Act.
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9.13 Notices. Any notice permitted or required to be given to any person by this
Declaration will be in writing and may be delivered either personally or by mail, or as
otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have
been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
9.14 View Im�airment. Neither Declarant nor the Association guarantee or represent
that any view over and across the Lots, or any open space or Common Area within the Property
will be preserved without impairment. Neither the Declarant, the ACC, nor the Association
shall have any obligation to relocate, prune, or thin trees or perform other landscaping. The
Association (with respect to any Common Area) will have the right to add trees and other
landscaping from time to time, subject to Applicable Law. There shall be no express or implied
easements for view purposes or for the passage of light and air.
9.15 Safety and Securit�. Each Owner and Resident of a Lot, and their respective
guests and invitees, shall be responsible for their own personal safety and the security of their
property within the Property. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to promote or enhance the level of safety
or security which each person provides for himself or herself and his or her property. However,
neither the Association nor Declarant shall in any way be considered insurers or guarantors of
safety or security within the Property, nor shall either be held liable for any loss or damage by
reason of failure to provide adequate security or ineffectiveness of security measures
undertaken. No representation or warranty is made that any systems or measures, including
security monitoring systems or any gate, mechanism or system for limiting access to the
Property or the Common Area, cannot be compromised or circumvented; or that any such
system or security measures undertaken will in all cases prevent loss or provide the detection or
protection for which the system is designed or intended. Each Owner acknowledges,
understands, and shall be responsible for informing any Residents of such Owner's Lot that the
Association, its Board, its employees, agents, and committees, and the Declarant are not
insurers or guarantors of security or safety and that each person within the Property assumes all
risks of personal injury and loss or damage to property, including any residences or
Improvements constructed upon any Lot and the contents thereof, resulting from acts of third
parties.
ARTICLE 10
EASEMENTS
10.1 Right of Ingress and Egress. Declarant, its agents, employees, designees,
successors or assigns will have a right of ingress and egress over and the right of access to the
Common Area to the extent necessary to use the Common Area and the right to such other
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temporary uses of the Common Area as may be required or reasonably desirable (as
determined by Declarant in its sole discretion) in connection with the construction and
development of the Property. The Property shall be subject to a perpetual non-exclusive
easement for the installation and maintenance, including the right to read meters, service or
repair lines and equipment, and to do everything and anything necessary to properly maintain
and furnish the Community Systems and the facilities pertinent and necessary to the same,
which easement shall run in favor of Declarant. Declarant shall have the right, but not the
obligation, to install and provide the Community Systems and to provide the services available
through the Community Systems to any and all Lots within the Property. Neither the
Association nor any Owner shall have any interest therein. Any or all of such services may be
provided either directly through the Association and paid for as part of the Assessments or paid
directly to Declarant, any affiliate of Declarant, or a third party, by the Owner who receives the
services. The Community Systems shall be the property of Declarant unless transferred by
Declarant, whereupon any proceeds of such transfer shall belong to Declarant. Declarant shall
have the right but not the obligation to convey, transfer, sell or assign all or any portion of the
Community Systems or all or any portion of the rights, duties or obligations with respect
thereto, to the Association or to any person or entity. The rights of Declarant with respect to the
Community Systems installed by Declarant and the services provided through such
Community Systems are exclusive, and no other person or entity may provide such services
through the Community Systems installed by Declarant without the prior written consent of
Declarant. In recognition of the fact that interruptions in cable television and other Community
Systems services will occur from time to time, no person or entity described above shall in any
manner be liable, and no user of any Community System shall be entitled to any refund, rebate,
discount or offset in applicable fees, for any interruption in Community Systems services,
regardless of whether or not same is caused by reasons within the control of the then-provider
of such services.
10.2 Reserved Easements. All dedications, limitations, restrictions, easements, rights-
of-way, licenses, leases, encumbrances and reservations shown on any Plat or otherwise
Recorded against the Property and all grants and dedications of easements, rights-of-way,
restrictions and related rights made by Declarant or any third party prior to the Property
becoming subject to this Declaration are incorporated herein by reference and made a part of
this Declaration for all purposes as if fully set forth herein, and will be construed as being
adopted in each and every contract, deed or conveyance executed or to be executed by or on
behalf of Declarant. Declarant reserves the right to relocate, make changes in, and additions to
said dedications, limitations, restrictions, easements, rights-of-way, licenses, leases,
encumbrances, reservations and other grants for the purpose of developing the Property.
10.3 Utility Easements. Declarant hereby reserves unto itself and Declarant's
successors and assigns a perpetual non-exclusive easement over and across the Property for: (i)
the installation, operation and maintenance of utilities and associated infrastructure to serve
the Property and any other property owned by Declarant; (ii) the installation, operation and
maintenance of cable lines and associated infrastructure for sending and receiving data and/or
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other electronic signals, security and similar services to serve the Property and any other
property owned by Declarant; and (iii) the installation, operation and maintenance of,
roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to
serve the Property and any other property owned by Declarant. Declarant will be entitled to
unilaterally assign the easements reserved hereunder to any third party who owns, operates or
maintains the facilities and Improvements described in (i) through (iii) of this Section 10.3. The
exercise of the easement reserved herein will not extend to permitting entry into any residence,
nor will it unreasonably interfere with the use of any Lot or residence or Improvement
constructed thereon.
10.4 Subdivision Entry and Fencin� Easement. Declarant reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of certain subdivision entry facilities and fencing which serves the Property.
Declarant will have the right, from time to time, to Record a written notice which identifies the
subdivision entry facilities fencing to which the easement reserved hereunder applies.
Declarant may designate all or any portion of the subdivision entry facilities and/or fencing as
Common Area by Recorded written notice. The exercise of the easements reserved hereunder
will not extend to permitting entry into any residence, nor will it unreasonably interfere with
the use of any Lot or residence or Improvement constructed thereon.
10.5 Monument Sign Easement. Declarant hereby reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of one or more monument signs and/or appurtenant landscaping which serve
the Property. Declarant will have the right, from time to time, to Record a written notice, which
identifies those portions of the Property to which the easement reserved hereunder applies.
Declarant designates the easement areas reserved hereunder as Common Area. The exercise of
the easements reserved hereunder will not extend to permitting entry into any residence, nor
will it unreasonably interfere with the use of any Lot or residence or Improvement constructed
thereon.
10.6 Landsca�e Maintenance Easement. Each Owner, by accepting an interest in or
title to a Lot, whether or not it is so expressed in the instrument of conveyance, grants to the
Association an easement of access and entry over, across, under, and through the Property,
including without limitation, each Lot (but excluding the residence or Improvements
constructed thereon) to maintain landscaping in accordance with Section 2.15 hereof.
ARTICLE 11
DEVELOPMENT RIGHTS
11.1 Develo�ment by Declarant. It is contemplated that the Property will be
developed pursuant to a plan, which may, from time to time, be amended or modified.
Declarant reserves the right, but will not be obligated, to pursue the development, construction
and marketing of the Property, the right to direct the size, shape, and composition of the
Property, the right to create and/or designate Lots or Common Area, and to subdivide all or any
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portion of the Property, subject to any limitations imposed on portions of the Property by any
applicable Plat. Collectively, the rights reserved to the Declarant as set forth in this Declaration
shall be known as the "Development Rights", and Declarant hereby reserves the right and
privilege for itself, and/or its assigns, to exercise the Development Rights, and any other rights
reserved on behalf of the Declarant as set forth in this Declaration until twenty-four (24) months
after the expiration or termination of the Development Period, except the right to appoint and
remove Board members and officers of the Association which shall be governed by the
provisions set out in Section 4.3. These rights may be exercised with respect to any portions of
the Property or the Common Area. As each portion of the Property is developed or dedicated,
Declarant may designate the use, classification and such additional covenants, conditions and
restrictions as Declarant may deem appropriate for such Property.
11.2 Svecial Declarant Rights. Notwithstanding any provision of this Declaration to
the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain
advertising signs (illuminated or non-illuminated), sales flags, other sales devices and banners
for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon
Lots as sales, model, management, business and construction offices; and (iii) to maintain and
locate construction trailers and construction tools and equipment within the Property. The
construction, placement or maintenance of Improvements by Declarant will not be considered a
nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the
activities enumerated in this Section 11.2 until twenty-four months (24) months after expiration
or termination of the Development Period.
11.3 Addition of Land. Declarant may, at any time and from time to time, add
additional lands to the Property. Upon the filing of a notice of addition of land, such land will
be considered part of the Property for purposes of this Declaration, and such added lands will
be considered part of the Property subject to this Declaration and the terms, covenants,
conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges,
duties and liabilities of the persons subject to this Declaration will be the same with respect to
such added land as with respect to the lands originally covered by this Declaration. To add
lands to the Property, Declarant will be required only to Record a notice of addition of land
containing the following provisions:
(i) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records
of Tarrant County wherein this Declaration is Recorded;
(ii) A statement that such land will be considered Property for purposes of
this Declaration, and that all of the terms, covenants, conditions,
restrictions and obligations of this Declaration will apply to the added
land; and
(iii) A legal description of the added land.
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11.4 Withdrawal of Land. Declarant may, at any time and from time to time, reduce
or withdraw land from the Property, and remove and exclude from the burden of this
Declaration and the jurisdiction of the Association any portion of the Property. Upon any such
withdrawal and removal this Declaration and the covenants conditions, restrictions and
obligations set forth herein will no longer apply to the portion of the Property withdrawn. To
withdraw lands from the Property hereunder, Declarant will be required only to Record a
notice of withdrawal of land containing the following provisions:
(i) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records
of Tarrant County wherein this Declaration is recorded;
(ii) A statement that the provisions of this Declaration will no longer apply to
the withdrawn land; and
(iii) A legal description of the withdrawn land.
11.5 Assignment of Declarant's Ri�hts. Notwithstanding any provision in this
Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part,
any of its privileges, exemptions, rights and duties under this Declaration to any person or
entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by
any other person or entity in any of its privileges,exemptions, rights and duties hereunder.
ARTICLE 12
DISPUTE RESOLUTION
12.1 Introduction and Definitions. The Association, the Owners, Declarant, all
persons subject to this Declaration, and any person not otherwise subject to this Declaration
who agrees to submit to this Article (collectively, the "Parties") agree to encourage the amicable
resolution of disputes involving the Property and to avoid the emotional and financial costs of
litigation and arbitration if at all possible. Accordingly, each Party hereby covenants and agrees
that this Article applies to all Claims as hereafter defined. This Article 12 may only be amended
with the prior written approval of the Declarant, the Association (acting through a Majority of
the Board), and Owners holding 100% of the votes in the Association. As used in this Article
only, the following words, when capitalized,have the following specified meanings:
(i) "Claim" means:
A. Claims relating to the rights and/or duties of Declarant, the
Association, or an Owner, under the Restrictions.
B. Claims relating to the acts or omissions of the Declarant or the
Association during control and administration of the Association,
any claim asserted against the ACC, and any claims asserted
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against a Board or a person serving as a Board member or officer
of the Association, or the ACC.
C. Claims relating to the design or construction of Improvements on
the Common Areas or Lots located within the Property.
(ii) "Claimant" means any Party having a Claim against any other Party.
(iii) "Respondent" means any Party against which a Claim has been asserted
by a Claimant.
12.2 Mandatory Procedures. Claimant may not initiate any proceeding before any
administrative tribunal seeking redress of resolution of its Claim until Claimant has complied
with the procedures of this Article. As provided in Section 12.8 below, a Claim will be resolved
by binding arbitration.
12.3 Claim Affecting Common Areas. In accordance with Section 4.17 of this
Declaration, the Association does not have the power or right to institute, defend, intervene in,
settle, or compromise litigation or administrative proceedings: (i) in the name of or on behalf of
any Lot Owner (whether one or more); or (ii) pertaining to a Claim, as defined in Section 12.1
above, relating to the design or construction of Improvements on a Lot (whether one or more).
In the event the Association or a Lot Owner asserts a Claim related to the Common Areas, as a
precondition to providing the Notice defined in Section 12.4, initiating the mandatory dispute
resolution procedures set forth in this Article 12, or taking any other action to prosecute a Claim
related to the Common Areas, the Association or a Lot Owner, as applicable, must:
12.3.1 Inde�endent Re�ort on the Condition of the Common Areas. Obtain
an independent third-party report (the "Common Area Report") from a licensed professional
engineer which: (i) identifies the Common Areas subject to the Claim including the present
physical condition of the Common Areas; (ii) describes any modification, maintenance, or
repairs to the Common Areas performed by the Lot Owner(s) and/or the Association; and
(iii) provides specific and detailed recommendations regarding remediation and/or repair of the
Common Areas subject to the Claim. For the purposes of this Section, an independent third-
party report is a report obtained directly by the Association or a Lot Owner and paid for by the
Association or a Lot Owner, as applicable, and not prepared by a person employed by or
otherwise affiliated with the attorney or law firm that represents or will represent the
Association or a Lot Owner in the Claim. As a precondition to providing the Notice described
in Section 12.4, the Association or Lot Owner must provide at least ten (10) days prior written
notice of the inspection to each party subject to a Claim which notice shall identify the
independent third-party engaged to prepare the Common Area Report, the specific Common
Areas to be inspected, and the date and time the inspection will occur. Each party subject to a
Claim may attend the inspection, personally or through an agent. Upon completion, the
Common Area Report shall be provided to each party subject to a Claim. In addition, before
providing the Notice described in Section 12.4, the Association or the Lot Owner, as applicable,
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shall have permitted each party subject to a Claim the right, for a period of ninety (90) days, to
inspect and correct, any condition identified in the Common Area Report.
12.3.2 Claim bv the Association - Owner Meeting and A�roval. If the
Claim is prosecuted by the Association, obtain approval from Members holding sixty-seven
percent (67%) of the votes in the Association to provide the Notice described in Section 12.4,
initiate the mandatory dispute resolution procedures set forth in this Article 12, or take any
other action to prosecute a Claim, which approval from Members must be obtained at a special
meeting of Members called in accordance with the Bylaws. The notice of ineeting required
hereunder will be provided pursuant to the Bylaws but the notice must also include: (i) the
nature of the Claim, the relief sought, the anticipated duration of prosecuting the Claim, and the
likelihood of success; (ii) a copy of the Common Area Report; (iii) a copy of any proposed
engagement letter, with the terms of such engagement between the Association and an attorney
to be engaged by the Association to assert or provide assistance with the claim (the
"Engagement Letter"); (iv) a description of the attorney fees, consultant fees, expert witness
fees, and court costs, whether incurred by the Association directly or for which it may be liable
if it is not the prevailing party or that the Association will be required, pursuant to the
Engagement Letter or otherwise, to pay if the Association elects to not proceed with the Claim;
(v) a summary of the steps previously taken, and proposed to be taken, to resolve the Claim;
(vi) an estimate of the impact on the value of each Lot if the Claim is prosecuted and an estimate
of the impact on the value of each Lot after resolution of the Claim; (vii) an estimate of the
impact on the marketability of each Lot if the Claim is prosecuted and during prosecution of the
Claim, and an estimate of the impact on the value of each Lot during and after resolution of the
Claim; (viii) the manner in which the Association proposes to fund the cost of prosecuting the
Claim; and (ix) the impact on the finances of the Association, including the impact on present
and projected reserves, in the event the Association is not the prevailing party. The notice
required by this paragraph must be prepared and signed by a person other than, and not
employed by or otherwise affiliated with, the attorney or law firm that represents or will
represent the Association or Lot Owner, as applicable, in the Claim. In the event Members
approve providing the Notice described in Section 12.4, or taking any other action to prosecute a
Claim, the Members holding a Majority of the votes in the Association, at a special meeting
called in accordance with the Bylaws, may elect to discontinue prosecution or pursuit of the
Claim.
12.4 Notice. Claimant must notify Respondent in writing of the Claim (the "Notice"),
stating plainly and concisely: (i) the nature of the Claim, including date, time, location, persons
involved, and Respondent's role in the Claim; (ii) the basis of the Claim (i.e., the provision of the
Restrictions or other authority out of which the Claim arises); (iii) what Claimant wants
Respondent to do or not do to resolve the Claim; and (iv) that the Notice is given pursuant to
this Section. For Claims governed by Chapter 27 of the Texas Property Code, the time period
for negotiation in Section 12.5 below, is equivalent to the sixty (60) day period under
Section 27.004 of the Texas Property Code. If a Claim is subject to Chapter 27 of the Texas
Property Code, the Claimant and Respondent are advised, in addition to compliance with
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Section 12.5, to comply with the terms and provisions of Section 27.004 during such sixty (60)
day period. Section 12.5 does not modify or extend the time period set forth in Section 27.004 of
the Texas Property Code. Failure to comply with the time periods or actions specified in
Section 27.004 could affect a Claim if the Claim is subject to Chapter 27 of the Texas Property
Code. The one hundred and twenty (120) day period for mediation set forth in Section 12.6
below, is intended to provide the Claimant and Respondent with sufficient time to resolve the
Claim in the event resolution is not accomplished during negotiation. If the Claim is not
resolved during negotiation, mediation pursuant to Section 12.6 is required without regard to
the monetary amount of the Claim.
If the Claimant is the Association, the Notice will also include: (a) a true and correct copy of the
Common Area Report; (b) a copy of the Engagement Letter; (c) copies of all reports, studies,
analyses, and recommendations obtained by the Association related to the Common Area
which forms the basis of the Claim; (d) a true and correct copy of the special meeting notice
provided to Members in accordance with Section 12.4 above; and (e) reasonable and credible
evidence confirming that Members holding sixty-seven percent (67%) of the votes in the
Association approved providing the Notice. If the Claimant is not the Association and pertains
to the Common Areas, the Notice will also include a true and correct copy of the Common Area
Report.
12.5 Negotiation. Claimant and Respondent will make every reasonable effort to
meet in person to resolve the Claim by good faith negotiation. Within sixty (60) days after
Respondent's receipt of the Notice, Respondent and Claimant will meet at a mutually
acceptable place and time to discuss the Claim. If the Claim involves all or any portion of the
Property, then at such meeting or at some other mutually-agreeable time, Respondent and
Respondent's representatives will have full access to the Property that is subject to the Claim for
the purposes of inspecting the Property. If Respondent elects to take corrective action, Claimant
will provide Respondent and Respondent's representatives and agents with full access to the
Property to take and complete corrective action.
12.6 Mediation. If the parties negotiate, but do not resolve the Claim through
negotiation within one-hundred twenty (120) days from the date of the Notice (or within such
other period as may be agreed on by the parties), Claimant will have thirty (30) additional days
within which to submit the Claim to mediation under the auspices of a mediation center or
individual mediator on which the parties mutually agree. The mediator must have at least five
(5) years of experience serving as a mediator and must have technical knowledge or expertise
appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to
mediation within the 30-day period, Respondent will submit the Claim to mediation in
accordance with this Section 12.6.
12.7 Termination Of Mediation. If the Parties do not settle the Claim within thirty
(30) days after submission to mediation, or within a time deemed reasonable by the mediator,
the mediator will issue a notice of termination of the mediation proceedings indicating that the
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Parties are at an impasse and the date that mediation was terminated. Thereafter, Claimant
may file suit or initiate arbitration proceedings on the Claim, as appropriate and permitted by
this Article.
12.8 Bindin� Arbitration-Claims. All Claims must be settled by binding arbitration.
Claimant or Respondent may, by summary proceedings (e.g., a plea in abatement or motion to
stay further proceedings), bring an action in court to compel arbitration of any Claim not
referred to arbitration as required by this Section 12.8.
12.8.1 Governing Rules. If a Claim has not been resolved after mediation as
required by Section 12.6, the Claim will be resolved by binding arbitration in accordance with
the terms of this Section 12.8 and the rules and procedures of the American Arbitration
Association ("AAA") or, if the AAA is unable or unwilling to act as the arbitrator, then the
arbitration shall be conducted by another neutral reputable arbitration service selected by
Respondent in Tarrant County, Texas. Regardless of what entity or person is acting as the
arbitrator, the arbitration shall be conducted in accordance with the AAA's "Construction
Industry Dispute Resolution Procedures" and, if they apply to the disagreement, the rules
contained in the Supplementary Procedures for Consumer-Related Disputes. If such Rules have
changed or been renamed by the time a disagreement arises, then the successor rules will apply.
Also, despite the choice of rules governing the arbitration of any Claim, if the AAA has, by the
time of Claim, identified different rules that would specifically apply to the Claim, then those
rules will apply instead of the rules identified above. In the event of any inconsistency between
any such applicable rules and this Section 12.8, this Section 12.8 will control. Judgment upon the
award rendered by the arbitrator shall be binding and not subject to appeal, but may be
reduced to judgment in any court having jurisdiction. Notwithstanding any provision to the
contrary or any applicable rules for arbitration, any arbitration with respect to Claims arising
hereunder shall be conducted by a panel of three (3) arbitrators, to be chosen as follows:
(i) One arbitrator shall be selected by Respondent, in its sole and absolute
discretion;
(ii) One arbitrator shall be selected by the Claimant, in its sole and absolute
discretion; and
(iii) One arbitrator shall be selected by mutual agreement of the arbitrators
having been selected by Respondent and the Claimant, in their sole and
absolute discretion.
12.8.2 Exce�tions to Arbitration; Preservation of Remedies. No provision of,
nor the exercise of any rights under, this Section 12.8 will limit the right of Claimant or
Respondent, and Claimant and the Respondent will have the right during any Claim, to seek,
use, and employ ancillary or preliminary remedies, judicial or otherwise, for the purposes of
realizing upon, preserving, or protecting upon any property, real or personal, that is involved in
a Claim, including, without limitation, rights and remedies relating to: (i) exercising self-help
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remedies (including set-off rights); or (ii) obtaining provisions or ancillary remedies such as
injunctive relief, sequestration, attachment, garnishment, or the appointment of a receiver from
a court having jurisdiction before, during, or after the pendency of any arbitration. The
institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary
remedies or exercise of self-help remedies shall not constitute a waiver of the right of any party
to submit the Claim to arbitration nor render inapplicable the compulsory arbitration provisions
hereof.
12.8.3 Statute of Limitations. All statutes of limitation that would otherwise
be applicable shall apply to any arbitration proceeding under this Section 12.8.
12.8.4 Sco�e of Award; Modification or Vacation of Award. The arbitrator
shall resolve all Claims in accordance with the applicable substantive law. The arbitrator may
grant any remedy or relief that the arbitrator deems just and equitable and within the scope of
this Section 12.8 and subject to Section 12.9 below (attorney's fees and costs may not be awarded
by the arbitrator); provided, however, that for a Claim, or any portion of a Claim governed by
Chapter 27 of the Texas Property Code, or any successor statute, in no event shall the arbitrator
award damages which exceed the damages a Claimant would be entitled to under Chapter 27 of
the Texas Property Code. In all arbitration proceedings the arbitrator shall make specific,
written findings of fact and conclusions of law. In all arbitration proceedings the parties shall
have the right to seek vacation or modification of any award that is based in whole, or in part,
on (i) factual findings that have no legally or factually sufficient evidence, as those terms are
defined in Texas law; (ii) conclusions of law that are erroneous; (iii) an error of federal or state
law; or (iv) a cause of action or remedy not expressly provided under existing state or federal
law. In no event may an arbitrator award speculative, consequential, or punitive damages for
any Claim.
12.8.5 Other Matters. To the maximum extent practicable, an arbitration
proceeding hereunder shall be concluded within one hundred and eighty (180) days of the
filing of the Claim for arbitration by notice from either party to the other. Arbitration
proceedings hereunder shall be conducted in Tarrant County, Texas. The arbitrator shall be
empowered to impose sanctions and to take such other actions as the arbitrator deems
necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the
Texas Rules of Civil Procedure and Applicable Law. Each party agrees to keep all Claims and
arbitration proceedings strictly confidential, except for disclosures of information required in
the ordinary course of business of the parties or by Applicable Law or regulation. In no event
shall any party discuss with the news media or grant any interviews with the news media
regarding a Claim or issue any press release regarding any Claim without the written consent of
the other parties to the Claim.
12.9 Allocation Of Costs. Notwithstanding any provision in this Declaration to the
contrary, each party bears all of its own costs incurred prior to and during the proceedings
described in the Notice, Negotiation, Mediation, and Arbitration sections above, including its
-60-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
attorney's fees. Respondent and Claimant will equally divide all expenses and fees charged by
the mediator and arbitrator.
12.10 General Provisions. A release or discharge of Respondent from liability to
Claimant on account of the Claim does not release Respondent from liability to persons who are
not party to Claimant's Claim.
12.11 Period of Limitation.
12.11.1 For Actions b� an Owner. The exclusive period of limitation for any
of the Parties to bring any Claim, including,but not limited to, a Claim of construction defect or
defective design of Improvements on the Common Areas or Lots, shall be the earliest of: (i) for
Claims alleging construction defect or defective design, two (2) years and one (1) day from the
date that the Owner discovered or reasonably should have discovered evidence of the Claim;
(ii) for Claims other than those alleging construction defect or defective design, four (4) years
and one (1) day from the date that the Owner discovered or reasonably should have discovered
evidence of the Claim.
12.11.2 For Actions bv the Association. The exclusive period of limitation for
the Association to bring any Claim, including, but not limited to, a Claim of construction defect
or defective design of the Common Areas, shall be the earliest of: (i) for Claims alleging
construction defect or defective design, two (2) years and one (1) day from the date that the
Association or its agents discovered or reasonably should have discovered evidence of the
Claim; (ii) for Claims other than those alleging construction defect or defective design of the
Common Areas, four (4) years and one (1) day from the date that the Association discovered or
reasonably should have discovered evidence of the Claim.
12.12 Funding Arbitration and Litigation. The Association must levy a Special
Assessment to fund the estimated costs of arbitration, including estimated attorney's fees,
conducted pursuant to this Article 12 or any judicial action initiated by the Association. The
Association may not use its annual operating income or reserve funds or savings to fund
arbitration or litigation, unless the Associatiori s annual budget or a savings account was
established and funded from its inception as an arbitration and litigation reserve fund.
(SIGNATURE PAGE FOLLOWS]
-61-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
EXECUTED to be effective on the date this instrument is Recorded.
DECLARANT:
WILBOW-SOLANA LLC,
a Texas limited liability company
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
, 20 , by
of Wilbow-Solana LLC, a Texas limited liability company, on behalf of said company.
(seal) Notary Public, State of Texas
-62-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
AFTER RECORDING RETURN TO:
Enrique Montenegro,AIA,NCARB
Stocker Hoesterey Montenegro
4514 Travis Street,Suite 302
Dallas,Texas 75205
Email:emontene�roC�shmarchitects.com
�
TNE KNOLLS
A� ;��A�A
The Knolls at Solana
DESIGN GUIDELINES
Adopted:
WILBOW-SOLANA LLC,a Texas Limited Liability Corporation
By:
Printed Name:
Title:
Adopted by WILBOW-SOLANA LLC,a Texas Limited Liability Corporation,in
accordance with that certain Declaration of Covenants,Conditions and Restrictions for
The Knolls at Solana,recorded in under pocument No. ,Official
Public Records of Tarrant County,Texas(the"Declaration"). In accordance with
Section 7.02(c) of the Declaration,these Design Guidelines may be amended from time
to time by the ACC (as defined in the Declaration).
Res 19-23
TABLE OF CONTENTS
Introduction 3
CHAPTER ONE
Architectural Design 5
Overall Intent of the Architectural Guidelines 5
Maximum Height Limitations 7
General Massing Requirements 9
Roofs 11
Garages 12
Chimneys and Other Vertical Elements 13
Detached/Ancillary Structures 14
Fenestration:Doors and Windows 14
Garage Doors 17
Exterior Finish Materials and Details 17
Foundations 18
Exterior Siding Materials 20
Roof Materials 25
Gutters and Downspouts 26
Trim, Details, Texture and Ornamentation 27
Porches/Balconies/Outdoor Spaces 29
Exterior Light Fixtures 30
Miscellaneous Requirements 32
Solar Applications 32
CHAPTER TWO
Site and Landscape Design 34
Overall Intent of the Site and Landscape Guidelines 34
Location of the Home on the Homesite 34
Homesite Diagram and Building Envelopes 35
Combining Homesites 38
Tree and Shrub Thinning and Removal 38
Tree Removal in the Building Envelope 38
Pre-Construction Site Thinning and Clean Up 39
Driveways and Address Markers 41
Grading 44
Retaining Walls 44
1
Res 19-23
Drainage 46
Parking 47
Exterior Hardscape Design: Outdoor Stairs, Paths, Courtyards, Terraces 47
Screen Walls,Fences and Gates 49
Landscape Structures, Site Furnishings and Outdoor Art 52
Basketball Goals and Sporting Equipment 53
Playscapes and Sport Courts 54
Water Features, Spas and Pools 54
Planting Design 56
Irrigation 59
Exterior Lighting 59
Exterior Holiday Decoration 60
Air-Conditioning and Other Mechanical Equipment 60
Barbecue Grills 61
CHAPTER THREE
Construction Guidelines 62
CHAPTER FOUR
Design Review Process 65
Project Types for Review 65
Design Review Process Overview 65
Actions and Approvals 66
Approved Design Professionals 67
Protocol for Approval of Architects 67
Pre-Design Conference 68
Preliminary Design Review 68
Final Design Review 70
Changes to Approved Plans 73
Work in Progress Observations 73
Right of Waiver 74
Non-Waiver,No Inadvertent Precedents 74
Design Review Schedule 74
Plan Submittals and Review Fees 76
Attachments
ACC Application 78
Supplement to the Design Guidelines—Shared Retaining Wall Rules 80
North Texas Plant List 83
2
Res 19-23
INTRODUCTION
Any notice or information required to be submitted to the ACC under these Design
Guidelines hereunder will be submitted to the ACC at 5307 E. Mockingbird Lane, Suite
900,Dallas TX 75206 Phone:972-479-0697
Background
The Knolls at Solana is a master planned community located in Tarrant County, Texas.
Lots 2-20,Block A and Lots 2-4, 6-11, 13-15, 18-20,22-25,27-30,Block B,Lots 2-15,Block C
(hereinafter "The Knolls") a subdivision in Tarrant County Texas, according to the plat
Recorded under pocument No. , (the "Property'), are subject to the
terms and provisions of that certain Declaration of Covenants,Conditions and Restrictions
for Knolls at Solana, recorded in the Official Public Records of Tarrant County,Texas (the
"Declaration"). Capitalized terms used but not defined in these Design Guidelines shall
have the meaning subscribed to such terms in the Declaration.
Architectural Control Committee (ACC)
Article 7 of the Declaration includes procedures and criteria for the construction of
improvements within the The Knolls community. Section 7.01 of the Declaration�rovides
that no Improvements ma�be erected, placed, constructed, painted, altered, modified or
remodeled on anv Lot, and no Lot mav be re-subdivided or consolidated with other Lots
or Pro�ertv,b�anvone other than Declarant,without�rior written a�roval of the ACC.
The ACC consists of three (3)members who have been appointed by WILBOW-
SOLANA LLC,a Texas Limited Liability Corporation(the"Declarant").At least one
member of the ACC shall be a licensed architect registered in the state of Texas.As
provided in Article 7 of the Declaration,the Declarant has a substantial interest in
ensuring that Improvements within The Knolls maintain and enhance Declarant's
reputation as a community developer and do not impair Declarant's ability to market
and sell all or any portion of the community. T`he members of the ACC appointed by
Declarant act solely in Declarant's interest and shall owe no duty to any other Owner or
The Knolls at Solana Residential Community,Inc (the "Association").
Governmental Requirements
Governmental ordinances and regulations and the Planned Development zoning for The
Knolls are applicable to all Lots. It is the responsibility of each Owner to obtain all
necessary permits and inspections. Compliance with these Design Guidelines is not a
substitute for compliance with the applicable ordinances and regulations. Please be
advised that these Design Guidelines do not list or describe each requirement which may
be applicable to a Lot within The Knolls. Each Owner is advised to review all
encumbrances affecting the use and improvement of their Lot prior to submitting plans to
the ACC for approval. Furthermore, approval by the ACC should not be construed by the
3
Res 19-23
Owner that any Improvement complies with the terms and provisions of all encumbrances
which may affect the Owner's Lot. Certain encumbrances may benefit parties whose
interests are not addressed by the ACC.All construction must meet applicable regulations
of Federal, State, and local requirements, including but not limited to, applicable zoning,
building construction codes,fire sub-code necessary for the intended use of any Lot.
The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply
with Applicable Law. It is the responsibility of the Owner to secure any required
governmental approvals prior to construction on such Owner's Lot.
Interpretation
In the event of any conflict between these Design Guidelines and the Declaration, the
Declaration shall control. Capitalized terms used in these Design Guidelines and not
otherwise defined in this document shall have the same meaning as set forth in the
Declaration.
Amendments
The ACC may amend these Design Guidelines from time to time. All amendments shall
become effective upon publication to the community website. Amendments shall not
apply retroactively so as to require modification or removal of work already approved and
completed or approved and in progress. It is the responsibility of each Owner to ensure
that they have the most current edition of the Design Guidelines and every amendment
thereto.
4
Res 19-23
CHAPTER ONE
ARCHITECTURAL DESIGN
Overall Intent of the Architectural Guidelines
The developer encourages the design of homes that are appropriate for the community's
setting and location and to complement the surrounding natural environment.While there
are no stylistic restrictions in the Knolls at Solana, homes should be visually connected
through the use of similar materials and colors.These guidelines should be read in tandem
with the Town of Westlake's Building Quality Manual. In the event where there is a
conflict, the Building Quality Manual will rule.
Guideline Basics
The essential mission of these Guidelines is to protect and enhance the value of the entire
community.They have been created with the best of intent and draw from the experience
of its authors and numerous successful communities of similar quality.The ACC has broad
capacity to interpret the Guidelines to either stiffen or relax requirements based on its
mission to realize the intent of these Guidelines over and above the enforcement of the
quantitative requirements PROVIDED THE INTENT OF THE ZONING AND BUILDING
QUALITY MANUAL ARE ENFORCED. Interpretations of the ACC shall always comply
with the Town of Westlake's Building Quality Manual,Zoning and Ordinances.
With the exception of any guideline provision addressing a particular architectural style,
said guidelines shall be enforced by Town staff in reviewing building permit applications
for compliance with the provisions contained in the Building Quality Manual referenced
in Chapter 62,Article III of the Town of Westlake's Code of Ordinances.PD 6 states:"Prior
to the approval of the preliminary site evaluation, the developer shall submit final design
guidelines for approval by the Town Council that shall be recorded with the private deed
covenants, conditions, and restrictions. Said guidelines shall incorporate the
recommendations contained in the Building Quality Manual referenced in Chapter 62,
Article III of the Code of Ordinances.Guideline provisions to be enforced by staff include,
but may not be limited to, general building articulation, massing, fenestration, roof slope
and building materials.
Each topic in this chapter is generally divided into three categories:
• Intent
• Quantitative/Specific Requirements
• Subjective Requirements
In all cases, the expressed intent serves as the primary guide to the ACC in its decision
making.To ensure a minimum level of competence,a Licensed Architect is required for all
homes at The Knolls at Solana.
5
Res 19-23
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Maximum Height Limitation
Intent
Homes at The Knolls are generally to be limited to two stories in height(above grade)with
the exception of homes with walk-out basements that may be three stories in height with
two stories above the exposed area of the basement.Single story homes are also welcomed.
Lots 13,14,15 and 30,Block B are limited to a single story above grade. Lots 7,9,10,11
and 15,Block C are limited to a single story above grade. See Preliminary Concept Plan
on previous page.
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CANOPY
7
Res 19-23
Quantitative/S�ecific Rec�uirements
Homes at The Knolls are required to be composed of attached simple volumes that move
up and down with the topography. Therefore, the Maximum Building Height is
determined at multiple points on each home on a volume by volume basis.The ACC will
have final say in the determination of what constitutes the delineation between volumes.
Unless otherwise approved in advance by the ACC, no building or residential structure
may exceed two and one-half stories or twenty-eight feet(28')in height as measured from
existing grade to the midpoint of the highest pitched or hipped roof above. The
measurement locations will be chosen by the ACC based upon which points are most
restrictive, however the measurement shall exclude grades where walk out basements
exist.
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2 BUILDING NF.IGHT AS MEASURF_D FROM HIGHF.ST EXISTING NATURAL GRADE AT TKF_F/RST FULL LF.VF_L
The Maximum Height for individual volumes is limited as follows:
• Single Story Volumes:20 feet to ridge and 10'below tree canopy
• Two Story Volumes:28 feet for all other lots not restricted
• Two Story Volumes plus walk-out basements: 28 feet above existing grade
exclusive of walk-out basement
The height limitations imposed above shall not apply to chimneys and vent stacks,cupolas,
or other architectural features that are not intended for occupancy or storage.
Views are neither guaranteed,preserved,nor protected within The Knolls.
8
Res 19-23
General Massing Requirements
Intent
The general form and massing of homes in The Knolls are to reflect a residential scale that
achieves the following:
• Responds to natural conditions such as topography and existing specimen trees.
• Works within the structural limits of stone,wood and other natural materials.
• Is composed of multiple,simple volumes with discrete roofs.
The design for a home in The Knolls must therefore accomplish the following:
• Appear residential in scale.
• Include single story elements.
• Be composed of multiple, simple volumes as appropriate for the scale of a home.
• Arrange those volumes with balance and rhythm.
• Incorporate roof forms that step down from a dominant,usually central volume.
• Express the nature and organization of the home's interior spaces through
articulation of volumes and fenestration patterns.
• Step up or down with grade using variation in the heights of foundations, walls
and roof forms such that the structure appears integrated into its natural setting.
• Include covered and/or uncovered spaces such as balconies, courtyards and
porches that enhance the composition of the larger volumes of the home.
• Include the garage in the composition such that it appears subordinate to the rest
of the home.
Site Coverage
Refer to the lot coverage standards which are addressed in the Planned Development
document in Section 2 B. However, for lots which exceed 11,000 square feet of area, the
provision is hereby granted that the maximum building footprint for a home, including
one story and two story residences,may be increased up to ten percent(10%) of the 5,000
square foot maximum footprint.Footprint is defined as all areas that are contained within
the ground floor air-conditioned space, garages and covered patios of the main residence
(excludes open porches, patios, porte-cocheres, or other unenclosed areas and accessory
buildings).
9
Res 19-23
SEE MASSING DIAGRAMS OPPOSITE PAGE
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Quantitative/S�ecific Rec�uirements
A minimum of two distinct"masses" or volumes is required for each home, at least one of
which must be a single story element. For larger homes, the ACC may require more than
two masses as it deems required to maintain a consistency in the composition and
residential scale of the volumes that make up the homes within the community.
The Enclosed Area of the upper floor massing may not exceed 50% of the Enclosed Area
for the main floor. For this calculation, double height spaces are included in the
measurement of the Enclosed Area of the upper floor.
Exterior elements including exterior walls and roof planes and ridgelines may not have an
unbroken horizontal length in excess of 35 feet. For this calculation, roof overhangs are
not included in the measurement of the horizontal length. In the assessment of roof planes
and exterior walls, the ACC will determine what constitutes a "break" in the plane; for
example, a small dormer may not be deemed a sufficient "break" while a larger dormer
may suffice.
Homes built on sloping sites must step down with the topography,breaking the apparent
floor and roof lines at locations as determined by the extremity of the slope.The volumetric
expression must,however,be maintained at a residential scale and not appear to be either
palatial or institutional.
Roofs
Intent
Roofs are generally required to be simple in form and appear logical to construct. Their
design should not appear to be an afterthought to the design of the floor plan.
11
Res 19-23
Quantitative/S�ecific Rec�uirements
Roof forms are limited to gable,shed and hip forms with dormers as secondary forms.Flat
and curved roofs are also acceptable.
Mansard roofs are not permitted.
No more than 50%of the total roof may be designed as a single plane. No more than 75%
of the roof may be designed as a single gable; the ACC may reduce this maximum
requirement for particularly large homes as it deems necessary. A shed dormer may not
exceed 2/3 of the area of the roof plane to which it is attached.
Dormers must be functional to allow actual window openings and head heights for upper
level spaces as well as bring light into first floor spaces; "false" dormers are prohibited.
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THE ABOVE DIAGRAM ILLUSTRATES ROOF BREAKS
Garages
Front facing garage doors are allowed if located further back on the lot than any other
portion of the residence, and are in a motor court setting. Car ports are permissible
provided that they are architecturally consistent with the rest of the home and landscaping
is used to screen the paved area. Car ports should not be used to reduce or eliminate the
garage requirement.
Provide architectural elements such as recessed doors, awnings and single-stall doors to
articulate garage elevations.
12
Res 19-23
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4 AN EXAMPLE OF STEEL AND GLASS GARAGE DOORS
Chimneys and Other Vertical Elements
Intent
Chimneys are important elements in the overall formal composition of homes at The
Knolls. They are required to be expressed as if they are serving a wood burning fire place
in scale and height. Multi-story tower or turret elements are generally not permitted.
Quantitative/S�ecific Rec�uirements
When adjacent to an exterior wall, the chimney must start at grade, be offset from the
exterior wall a minimum of 1 foot and be of sufficient height to serve a wood burning fire
place,even in situations when there is a gas appliance in lieu of a traditional firebox.Spark
arrestars must be shielded from view with an architectural chimney cap. Vents far direct
vent fireplaces should not face the street.
Plumbing vents should be minimally visible from the street as determined by the ACC. If
there must be a vent visible to the street then it should blend in color with the roof.
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13
Res 19-23
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4 Examples of architectural chimnev caps
Subjective Rec�uirement
Chimneys must appear to be of sufficient scale to be self-supporting.
Detached/Ancillary Structures
Intent
Detached garages, guest houses,home offices, art studios,play houses, garden sheds and
other ancillary structures are encouraged. They must, however, be designed as part of a
composition with the primary structure, subordinate in scale and consistent with its
architectural vocabulary.
Quantitative/S�ecific Rec�uirements
In most circumstances, the Enclosed Area of detached structures other than garages shall
be limited to 150 sf. In no event will the total square footage of any approved accessory
structure be interpreted to reduce the minimum square footage requirements of the
principal residential structure as set forth in these Design Guidelines.
Sub�ective Rec�uirements
Detached structures must be consistent in massing, materials and style with the primary
structure and are,in general, also subject to these Guidelines.
Fenestration
Intent
Windows and doors must be designed in scales and patterns that are both complimentary
to the form of the home and also expressive of the internal organization of the home. In
combination with the form of the various components of the building, an observer of the
exterior of the home should largely be able to identify the functions of the rooms behind
the windows.
Window and door patterns are to be characterized by simple forms and a high level of
detail.
14
Res 19-23
Front doors, in particular, are to be of high quality and craft and consistent with the
requirements for simple forms and patterns for the rest of the architecture of homes in The
ICnolls.
Quantitative/S�ecific Rec�uirements
Windows
Rectangular or square windows are encouraged.Special exceptions may be granted by the
ACC for horizontal or banded windows when deemed appropriate to the style of the
proposed architecture provided that the style meets ACC approval. Arched windows are
permissible only in areas such as stone walls where they are consistent with a structural or
load----bearing expression. Glass block is prohibited for all exterior applications.
Double hung,single hung,casement,awning and fixed windows are appropriate.Divided
lite patterns are encouraged. The ACC may also approve — as an alternative — gangs of
fixed or single hung windows that create a similar effect. "Snap-iri'or removable mullions
are not permitted.
Approved window materials include wood,metal-clad,steel,aluminum or fiberglass clad.
At a minimum, windows must be double-pane. Glass may be coated or tinted to control
heat gain but reflective and etched glass surfaces are prohibited. Commercial storefront
window systems are allowed provided they are used in floor to ceiling glazing conditions.
Metallic finishes such as clear-anodized aluminum are not permitted. Vinyl windows are
prohibited. Owners will be required to submit proposed manufacturers at final design
review.
Windows that are set in stone, brick, or stucco walls must be recessed a minimum of 3
inches. The expression of structural headers over windows is encouraged.
Doors
Approved door materials include wood, metal-clad, steel, aluminum or fiberglass clad.
Materials that appear artificial are prohibited.Owners will be required to submit proposed
manufacturers at final design review.
Doors that are set in stone,brick,or stucco walls must be recessed a minimum of 3 inches.
The expression of structural headers over doors is encouraged. Doors shall have a
minimum 8'-0" height.
15
Res 19-23
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5 THIS HO USE IS AN EXAMPLE OF LARGE EXPANSES OF GLASS USGD TO CONNECT MASONRY MASSES
Sub�ective Rec�uirements
General
All elevations must have sufficient fenestration to create visual interest and to prevent the
appearance of blank wall areas. Windows and doors must be balanced such that the
majority of openings are not concentrated on single elevations. Large door and window
openings are encouraged to connect interior spaces with outdoor living areas such as
porches and courtyards. In some cases, glazing from floor to ceiling may be appropriate.
Trim is to be consistent in material,color and proportion with the details of the rest of the
structure.
Windows and Skylights
The solar orientation of windows must be considered in their design. On south and west
facing exposures, appropriate overhangs in the form of shed roofs or extended overhangs
are recommended.
In general, dormers are preferred over skylights. Skylights are, however, permitted
provided that they are (1) located in areas that cannot be seen from the street, (2) utilize
flat glass in lieu of the older plastic"bubble" designs and(3)are colored to match the roof.
Window colors are to be complimentary to the color palette of the rest of the home and are
to be drawn from the following:bronze, copper,brown or other earth tones,black.
Doors
Hardware for exterior doors including hinges, latches, handles and pulls must be chosen
for their high quality and artistic expression. Wrought iron, bronze, copper, satin nickel
or similar materials are required.
16
Res 19-23
In particular,the main entry door is subject to special review to ensure that it is in keeping
with the community's high standards of quality and consistent with the overall design of
the home. Art glass may be included but is also subject to similar special review.
Doors are to be stained or painted (with the exception of glass and some types of inetal
doors). Color used to emphasize a home's front door is allowed.
Garage Doors
Intent
Single-wide garage doors are preferred over double-wide. Garage doors must be made of
materials and include details that are commensurate with the high standards of these
Guidelines. Garage doors shall be made of sectional wood, or be wood clad, or glass and
steel. Garage doors shall be recessed a minimum of six inches from the plane of the
adjacent wall.
Quantitative/S�ecific Rec�uirements
Garage doors must be clad with wood or metal that coordinate with the exterior materials
and windows and doors on the house. Metal-framed doors with frosted glass panels are
also allowed. Owners will be required to submit proposed manufacturers at final design
review.
Double-wide doors are permitted provided that the garage doors are set back from the
street a minimum of 10'-0" from the front yard setback or face the side yard and that the
door is designed with cladding that visually minimizes the width of the door.
Sub�ective Rec�uirements
The ACC is required to scrutinize the proposed cladding design to ensure that:
• It is consistent with the rest of the home in style
• Architectural details are included to visually minimize the impact of the doors
from the street or common areas.
Doors are to be stained or painted or may be clad to match windows and are to be either
the same color as the exterior siding or a slightly darker color that is still within the
generally approved earth tones and hues.
Exterior Finish Materials and Details
Intent
The exterior finish materials and details of homes in The Knolls must appear to be natural.
The application of exterior materials and details must be coherently applied across the
entire home in a manner consistent with the overall stylistic intent of the design.
All materials are to be used in such a manner as to appear structurally correct.Stone walls
and columns, timber post, beams and trusses and other structural elements must appear
to be self-supporting and/or appropriately massive for their task. Refer to the Town of
Westlake's Building Quality Manual.
17
Res 19-23
Subjective Rec�uirements
Material changes must occur at logical transition points.Vertical transitions must occur at
inside corners and horizontal transitions must occur at appropriate heights with dividing
ledge stone or trim materials.Some appropriate locations for horizontal transitions include
second floor finish floor elevations and window sills and foundations.
Connection details must be appropriately authentic. Materials shall express appropriate
weight and dimension.
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6 THOUGHTFUL UFRTICAL AND HOR770NT,4L TRANSITIONS OF MATFRIALS
Foundations
Intent
Foundations and finish grading in The Knolls must be designed such that the home
appears to be integrated into the earth.
Quantitative/S�ecific Rec�uirements
All property owners are required to provide a geotechnical report from a licensed provider
on which their foundation design is to be based.
18
Res 19-23
Foundation walls that are above grade by more than 6 inches must be clad with stone or
other suitable finish material. Faux stone is prohibited.
Foundation vents must either be concealed in some fashion or be made to be decorative.
Plastic or galvanized metal vents are prohibited.
Subjective Rec�uirements
On sloping sites, foundations must be stepped with the contours to avoid high retaining
walls.Where raised slabs are employed, a dropped brick ledge is required.See sketch.
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7 RETAININC WALLS INTECRAL TO THE HOUSE MUST BE CLAD IN THE HOUSE MATERIAL
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8 ANEXAMPLE OFA STEPPGD FOUNDA7YON
19
Res 19-23
Exterior Siding Materials
Intent
The predominant materials to be used for exterior walls at The Knolls are to be stucco,
brick and stone. Wood may be used as an accent material but should be limited.Wood is
to be finished to take advantage of its natural grain. Wood and stone colors and patterns
must complement the surrounding natural environment.
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9 WOOD SIDING CLADDING THE SECOND FLOOR Oh'1 HIS HOME COMPLEMEN7 S IIIG LLML;STONE
General Quantitative/S�ecific Rec�uirements
Homes at The Knolls may not use more than three major exterior wall materials.
Wood Siding Materials
Wood must be stained, not painted, such that the natural grain shows through. Synthetic
wood products are permitted provided that they are of sufficient quality and design to
appear real. Some approved manufactures include James Hardie, Geolam, and Cali
Bamboo. Builders are required to provide samples for alternative materials. Owners will
be required to submit proposed materials including required trim and accessory
components at final design review.
Log homes are not permitted in The Knolls.Plastic and PVC trim is prohibited.
20
Res 19-23
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10 AN EXAMPLE OF A STONE HOUSE COMPLEMENTED WITH BRICK
Stone
In general, cladding whole masses is preferred over wainscoting. When used, stone
wainscoting must be either discontinuous or varied in height. Stone wainscoting must
have a ledge stone cap ar coping.
Openings for windows must include sufficiently massive lintels to appear structural. As
an alternative,arched openings are permissible provided that the stone work is applied to
appear structurally correct. Owners will be required to submit proposed materials
including required trim and accessory components at final design review.
Stone is subject to the following requirements:
• No faux stone
• Stone must appear to be indigenous and work within the overall color palette.
River rock is prohibited.
• Stone must appear to start below grade and be designed to appear structural and
not a thin veneer.
• Stone must also appear to be load-bearing. The longest dimension should
predominately run horizontally.
• Although thin veneer stone applications are not prohibited, they are required to
be detailed such as to appear at least full bed depth.
21
Res 19-23
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11 STONE SHOULD BE LAID TO APPEAR LOAD BEARING
Stucco
Portland cement stucco is allowed in the Knolls. EFIS or other comparable imitation
products are not allowed.Owners will be required to submit proposed materials including
required trim and accessory components at final design review.
22
Res 19-23
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12 AN EXAMPLE OF PORTLAND CEMENT STUCCO
Metal Siding
Non-reflective metal materials are permissible as an exterior siding material but is limited
to coverage of no more than 20% of the total area of the exterior walls. Some approved
materials include paint grip, copper, and zinc.
23
Res 19-23
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Prohibited Materials
The following materials are prohibited for use as siding:
• Plastics or Vinyls
• Plywood,T-111,OSB or other engineered wood sheet goods
• Composite shingles
• Masonite
24
Res 19-23
Roof Materials
Intent
Roofing materials are to be non-reflective, textured and a variegated dark color that is
compatible with the surrounding natural environment. Their use should also be consistent
with the practical requirements of the local environment.For example, shading large wall
openings.
Quantitative/S�ecific Rec�uirements
Approved roofing materials include:
• All wood shingles and shakes(provided they are fire resistant)
• Slate and high quality faux slate tiles(DaVinci Roofscapes tile or equal)
• Flat and barrel clay tile
• Concrete tile(Monier Life tile or equal)
• Non-reflective standing seam metal (paint grip, copper, and zinc)
• Prefinished metal such as"Galvalume"
• Materials suitable for flat roofs such as TPO so long as they are not visible to a
street.
Prohibited roofing materials:
• All reflective metals including galvanized products
• Plastic shingles or tiles
• Metal panels designed to appear as other materials
• Composition shingles
The ACC is,however,instructed to keep an open mind to advances in technology that may
make some simulated materials sufficiently genuine in appearance. Owners will be
required to submit proposed materials including required trim and accessory components
at final design review.
Flues, vents and other penetrations through the roof plane must be painted to match the
roof if not enclosed in a concealing structure.
25
Res 19-23
Roof Colors
Approved colors include:
• Earth and other muted forest tones
• Dark greens
• Variegated blacks
• Grey,blue and green slate colors
• Copper(oxidized)
• Bronze
• Oxidized metals
• Prefinished metal such as"Galvalume'
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14 THIS HOMF. COMBINF.S PAINT GRIP AND SLATF_ ON ITS ROOF
Gutters and Downspouts
Intent
Gutters and downspouts are to be integrated into the overall design of the home in form,
location and color.All downspouts shall occur at building corners unless the locations are
part of a unique design intent.
26
Res 19-23
Quantitative/S�ecific Rec�uirements
Plastic or other non-metal gutters and downspouts are prohibited.
In locations where gutters are not used, the landscaping below the drip line must be
reinforced with some form of decorative gravel or other means of preventing erosion. If a
downspout drains to open ground, the receiving area must be similarly reinforced.Water
should not be discharged onto adjacent lots.
Subjective Rec�uirements
Paint grip, copper, and zinc are encouraged as materials. Prefinished metal such as
"Galvalume"is also allowed.Painted gutters and downspouts are discouraged.
Trim, Details, Texture and Ornamentation
Intent
A richness of architectural detailing is required in The Knolls. The selection of details has
a major impact on the apparent style of the design.Details must be applied consistently on
all elevations and in concert with the stylistic intent of the design.Refer Town of Westlake
Building Quality Manual.
Details must be substantial in scale relative to the structure and to their inherent structural
properties.In all cases,elements that are structural or clad structural components must be
scaled and detailed such that they appear functional and structurally appropriate.
Quantitative/S�ecific Rec�uirements
Some preferred details include:
• Exposed timber or steel,beams and trusses
• Corbels,brackets and kickers
• Exposed rafter tails
• Lintels or headers over opening in masonry walls (limestone, board-formed
concrete)
• Architectural attic vents
• Flat roofs should be hidden behind parapets or provided with integral box
gutters to provide seamless transitions with fasciae
• Highly crafted closure details
27
Res 19-23
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Subjective Rec�uirements
The ACC has wide latitude to ensure that an appropriate level of detail and ornamentation
is included in proposed designs. The ACC must be the arbiter that determines the right
balance between the poles of austerity and excess.
The ACC will also determine whether or not an element appears to be structurally
appropriate in scale and detailing for its apparent loads.
Porches/Balconies/ Outdoor Spaces
Intent
Porches, balconies and other forms of outdoor spaces that are an extension of the
architecture of the home are encouraged.They must be designed to appear complementary
and in appropriate proportion to the form to which they are attached or otherwise relate.
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29
Res 19-23
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Quantitative/S�ecific Rec�uirements
The underside of balconies where visible must be finished comparably to eaves and
overhangs of roofs. Minimum depth for porches shall be 6'-0".
Porches,when low to the ground,must be designed to screen the view below the porch.
Wood, plastic or metal lattice is not permitted; similar skirting deemed not to be
sufficiently substantial by the ACC is prohibited.
Subjective Requirements
Structural elements such as columns, braces and kickers must be designed to appear
appropriately massive to carry their apparent load, even when non-structural.
If constructed of wood, the stain colors must be equal to or complementary to the trim
colors on the home. Similarly, stone used on porches must be consistent with the stone on
the home.
Exterior Light Fixtures
Intent
Exterior Light fixtures,both attached to the home and installed elsewhere on the site must
be limited in their impact in order to preserve the night time dark sky by minimizing the
30
Res 19-23
visibility of the lamp or light source. They are to use low intensity, indirect light sources
to the extent required for safety and subtle accenting of the architecture and landscape.
The quality and style of the fixtures must be in keeping with the architecture of the home.
Exterior lighting shall comply with the Town of Westlake's Dark Sky Ordinance.
Quantitative/S�ecific Rec�uirements
All exterior light fixtures must be shielded such that no direct light is allowed to exit the
light fixture horizontally. Light from one property should not be allowed to spill onto an
adjacent property. This includes security lighting operated by a motion sensar.
Pole-mounted lights shall not be more than 8 feet tall.Lights mounted on masonry plinths
and bollards are encouraged.
Up-lighting of houses and trees is prohibited.
Polished brass fixtures are prohibited.Wrought iron,bronze, copper, tarnished brass and
other non-reflective metals are encouraged.
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17 TRF_F_LIGHTS AND PATH LIGHTS PO/NT DOWN SO AS NOT TO BLFFD ONTO ADJACF_NT PROPF_RTIFS
Subjective Requirements
The ACC will review exterior light fixtures with a high amount of scrutiny to ensure that
their quality and design is commiserate with the overall requirements of these Guidelines
and the home to which they are to be installed. Their scale must be appropriate to their
use; oversized fixtures as determined by the ACC will be prohibited. Fixtures that are or
appear to be hand crafted are encouraged.
31
Res 19-23
Miscellaneous Requirements
Intent
Trash storage, satellite dishes, meters and utility hook-ups and other such equipment are
to be hidden from street view. Further, trash storage, and utilities as mentioned above,
should be screened from adjacent properties if located in a side yard.
Quantitative/S�ecific Rec�uirements
Meters and utility hook-ups can be screened from view either by their location on the home
or with landscape walls or similar structures. They must be shown on the elevations of
proposed designs.
Trash storage enclosures with doors easily accessible to the trash removal providers are
required for each home at The Knolls. Each enclosure must be sized to contain at least one
of the 20-gallon trash bins as required by the outside provider.Trash enclosures can either
be attached to the home or free-standing.For security reasons,the trash storage enclosure
must not be accessible from inside the home.
Satellite dishes may not exceed 2 feet in diameter and must be approved specifically by the
ACC prior to their installation. The ACC will work with the Owner to find a practical
location that creates the least impact on neighbors and passersby. Potential satellite dish
locations must be identified in all design submissions and then pre-wired during
construction regardless of the owner's intent to have or not have satellite service.
Solar Applications
Intent
Equipment used to capture the energy of the sun—such as photovoltaic panels or shingles
and hot water collectors must be both integrated into the architecture and largely hidden
from primary view sheds.Windmills are prohibited.
Sub�ective Rec�uirements
The ACC is instructed to support Owners and Architects who wish to integrate such panels
and other equipment into their homes with as much flexibility as possible while
maintaining its main requirement of mitigating any potential negative aesthetic impacts.
32
Res 19-23
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33
Res 19-23
CHAPTER TWO
SITE & LANDSCAPE DESIGN
Overall Intent of the Site and Landscape Guidelines
Design for the Site and Landscape at The Knolls at Solana must achieve the following:
• Preserve, protect and enhance the existing forest and natural environment of The
Knolls.
• Situate homes such that they preserve the integrity of the surrounding forested
landscape by maintaining or replicating and restoring a natural buffer between the
house and street,neighboring Homesites and Common Areas.
• Limit tree removal to what is necessary to accommodate the home and critical
views, improve forest health across the entire Homesite and selectively open up
views while ensuring that off-site views are protected. Employ an arborist to
assess tree health for trees exposed to construction prior to construction and
protect trees as recommended during construction.
• Incorporate unique design solutions that are responsive and subordinate to the
specific Homesite's topography.
• Site buildings to maintain a low, subordinate profile against the back drop of the
surrounding forests and generally below the tree canopy.
• Design landscape that blends new landscaping with the natural environment by
using native materials and providing a transition from manicured areas to areas
that appear to be natural.
• Use natural and indigenous building materials for landscape structures,site walls
and outdoor areas including wood and stone building materials.The project stone
should be used for walls visible to the street.See attachment 3 for Approved Plant
List.
Location of the Home on the Homesite
Homes in The Knolls must be situated on their Homesites such they achieve the following
objectives:
• Minimize grading to non-built areas of the lot.
• Maximize privacy.
• Protect, enhance and maintain the natural forest throughout the community.
Preserve the dominance of the natural setting by situating buildings such that they blend
into their surroundings.Foundations should be integrated into the contours of the site.
34
Res 19-23
Homesite Diagram and Building Envelopes
A Homesite Diagram has been prepared for each Homesite. This diagram establishes the
boundaries of the Building Envelope and Natural Area within each Homesite.
Homesite Diagrams are available from the ACC administrator and are provided on or
before the time of closing on the property.
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35
Res 19-23
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36
Res 19-23
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Intent
The Building Envelope
The Building Envelope is the area in which the home and potential ancillary structures can
be constructed as well as other vertical improvements as well as terraces,landscape walls,
ornamental streams and pools,swimming pools or spas and auto-courts.It is also the area
in which landscaping such as gardens and lawns may be created and offers the least
restrictions on what types of vegetation can be installed.
37
Res 19-23
The Landscape Area
The Landscape Area of the Homesite is the area typically adjacent to the perimeter of the
Building Envelope that is designed to allow more cultivated landscaping such as lawns
and planting beds also horizontal improvements, patio and motor courts areas; terraces
and retaining walls.
The Natural Area
The Natural Area of the Homesite is the area at the rear of each homesite and outside of
the Building Envelope. The Natural Area is to remain wooded. Any canopy tree removal
shall be only by a tree removal permit issued by the town of Westlake. Previously
disturbed natural areas are encouraged to be restored and/or recreated post-construction.
No construction of any kind may take place within the Natural Area. Understory vines,
shrubs, undergrowth, ground cover may be removed. Existing grades should not be
altered where native trees are preserved.The natural wooded landscape may be enhanced
through either the addition of approved, indigenous species that are compatible with the
existing vegetation or tree thinning for the sake of forest health and fire safety.A rear yard
fence of steel picket or pipe rail and wire mesh may be erected along rear property line in
the natural area.Refer to fences.
Combining Homesites
Prior to combining two or more Homesites, approval is to be obtained from the Declarant
during the Development Period or from the ACC thereafter.When combining two or more
Homesites, the ACC will designate new Building and Landscape Envelopes and a new
Maximum Enclosed Area. The ACC shall respect the Town of Westlake's zoning
regulations.
Tree and Shrub Thinning and Removal in Natural Areas
Intent
Existing native tree species in the Natural Area of Homesites in The Knolls must be
maintained and enhanced in order to create visual privacy between the home and
neighboring properties and open spaces. Owners are required to maintain the wooded
areas on their Homesites in a manner that will maximize tree health and enhance the
appearance of the natural environment. Within the Landscape Area, restoration or
replication of native shrubs and trees is encouraged to provide privacy between adjacent
homesites.
Tree Removal in the Building Envelope and Landscape Area
Intent
The restrictions limiting predevelopment clearing are consistent within both the Building
Envelope and the Landscape Area. Within these envelopes, trees and shrubs can be
removed to accommodate the foundation of the new home,utilities,required excavations,
and its ancillary structures and improvements.Outside of the Building Envelope,existing
38
Res 19-23
high-quality trees are to be incorporated into the landscape plan as best possible.
Understory vines and shrubs may be removed in the Building Envelope and side yards
and front yard prior to preparing a limited tree survey and prior to tree removal for
purposes of access, surveying and marketing of the homesite.
Owners may clear the entirety of the envelopes but are encouraged to leave a significant
minority in place to accomplish two goals.First,the envelopes are composed with straight
lines but trees may not be removed such that a wall or corridor is created; the edge must
be softened with undulations in the clearing limits.Second,the forest landscape should be
integrated into the landscape design around the home.
Quantitative/S�ecific Rec�uirements
The removal of any tree that has a diameter greater than 9 inches, as measured 4 feet
above grade,or any shrub measuring greater than 5 feet in height,must be approved by
the ACC and Town of Westlake. Trees must be individually permitted for removal with
the town if it cannot be preserved. Lot owners are encouraged to design the home and
garden around trees 9" or greater in diameter if possible and practical.
Failure to obtain ACC approval for tree/shrub removal may result in a fine up to $2,500
per tree/shrub and/or additional tree/shrub mitigation as specified by the ACC. The ACC
reserves the right to periodically adjust fines for unapproved tree/shrub removal.
100%of side yards and 50%of the front yard may be cleared.
Subjective Rec�uirements
The ACC is asked to work with Owners to encourage the preservation of particularly large
and high-quality trees and may require an adjustment in the location of an improvement
to achieve this goal, provided the requirement does not prevent the reasonable use and
enjoyment of the Homesite. Owners and architects are required to make a reasonable
attempt to preserve such trees and to work with the ACC towards this important goal.T`he
consultation of an arborist is highly recommended.
Pre-Construction Site Thinning and Clean-up
Intent
In order to allow owners to perform tree and shrub thinning and maintenance on their
Homesites in advance of ACC approval of architectural and landscape plans for the
Homesite,the ACC has created the following policy.
39
Res 19-23
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Quantitative/Specific Requirements
Owners and/or their contractors must present a plan to the ACC that includes the
following:
• A limited tree survey. (Preliminary clearing of understory plants may be done if
deemed necessary for access to surveyors. This will be determined on a case by
case basis)
• A plan showing the area in which the proposed thinning and maintenance work
is to be performed including the access route from the street.
• At least one photograph of both the front and back of the Homesite sufficient to
show existing conditions for comparison purposes when the work is complete.
Subsequent to receiving written approval from the ACC, work may proceed within the
approved work areas with the following restrictions:
• Removal of trees less than 4"in diameter as measured at 4' above grade.
• Removal of shrubs less than 5'in height.
40
Res 19-23
• Removed trees and shrubs must be cut at ground level or lower and be removed
from the site or chipped on site and spread evenly within the work area.
• Trees may have lower level limbs removed up to 1/3 the total height of the tree
from the base of the trunk.
Such work is limited to the Building Envelope and the Landscape Area and expressly
excludes the Natural Area portion of the Homesite. When complete, the work area must
be returned to a state that resembles the pre-existing and natural condition. Any ruts or
other damage to the forest floor must be repaired. The ACC reserves the right to require
that the Owner re-vegetate the work area.
The Owner and their contractor are subject to all other Construction Guidelines including
the section on Damage Repair and Restoration. Unless otherwise specified by the ACC,
such thinning and clean-up work shall not exceed 30 days.
If the Owner is interested in removing trees or shrubs in excess of the previously described
maximum sizes,Owner may seek approval on a case by case basis from the ACC.For such
approvals, Owner must submit a site plan indicating the location of the item(s) to be
removed and a photograph(s) of the proposed item(s).If helpful, a description of why the
item should be removed is also welcomed.
Driveways and Address Markers
Intent
• Minimize visibility of paved areas from off-site through vegetative screening or
low wall.
• Blend driveways into the terrain by following the natural grade.
• Utilize distinctive paving materials at motor-courts and parking areas.
• Minimize width of driveway at connection with street.
• Prevent cars from overhanging onto adjacent lots.
Quantitative/Specific Requirements
Appropriate paving materials for driveways and auto courts include:
• Colored, stamped, exposed aggregate,broom finished and/or patterned concrete
• Pre-cast concrete pavers that are chosen to blend into the natural environment or
to complement adjacent paving types in both color and pattern.
• Native stone
• Decomposed granite or decorative gravel with a concrete apron of at least 20 feet
in length starting at the curb. Only use if grades allow.
• Turf block or similar structured turf in low volume areas.
• Colored gravels that complement the natural environment such as iron ore or pea
gravel. Only use if grades allow.
41
Res 19-23
• Driveway gradients are not to exceed 12%.
• Provide wheel stops or curbs 18" from side lot line.
Inappropriate paving materials include:
• Untextured,uncolored concrete
• Asphalt(unless banded or bordered with concrete)
• White, angular gravel
• Faux stone
Driveways are encouraged to narrow at the driveway apron. Parking and turn- around
areas must be screened from off-site views by supplementary plantings as approved by
the ACC as part of the Landscape Plan.
A maximum of one driveway entry/cut will be permitted for each Homesite. Owners of
neighboring Homesites are encouraged to consider a shared driveway solution.
Neutra Modern House Numbers(6" tall)in any finish shall be used for address markers.
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42
Res 19-23
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18 THIS MOTOR COURT IS SCREENED BYA LOW WALL
Subjective Rec�uirements
Driveway alignments, parking and garage layouts are to minimize visibility of garage
doors, driveways and parking from the street and adjoining Homesites.
Plantings of trees,shrubs and other vegetation are to be incorporated to screen driveways,
garages and motor-courts.
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43
Res 19-23
Grading
Intent
• Blend new Improvements into the site.
• Preserve natural drainage patterns or replicate while redirecting runoff to streets
and common areas.
• Retain the character of the site's natural topography and existing vegetation.
Grading and drainage improvements are to focus on minimizing impacts to the site and
landscape,reducing water quality impacts,minimizing removal of the existing forest, and
promoting the use of natural drainage systems within the Homesite.
Drawings submitted to the ACC must include grading, drainage, utility locations, re-
vegetation and sedimentation and erosion control plans for all new construction. Grading
shall respect public and private drainage systems as shown in the community's grading
plans.
Quantitative/S�ecific Rec�uirements
The following standards are to be integrated into all grading plans for The Knolls:
• Where feasible,building foundations and main floors are to step with the existing
topography as it rises and falls to create split floor levels rather than one flat
building pad. While it is required that building masses follow natural site
contours, nothing in these guidelines shall prohibit a single floor level provided
that the building height,massing and grading guidelines are met.
• All cuts, fills and retaining walls are to create smooth transitions at the top and
bottom of slopes that appear as extensions of the natural landform. Grading
designs are to protect and retain as many existing trees as possible.
• Slopes are not to exceed 2:1 unless it can be demonstrated that a steeper slope will
not erode.Natural appearing slopes are to be used instead of structures wherever
feasible.
• Cut and fill slopes are to be re-vegetated with plantings from the approved list in
Attachment 3 and appropriate to the site to blend them into the surrounding
environment. Revegetation is to be completed as soon as possible and erosion
control measures implemented upon completion of grading.
• Fill may not be used to significantly raise the first floor elevation.
• Elevation changes are preferred to be accomplished with the home's foundation
in lieu of retaining walls but both may be used in combination.
Retaining Walls
Intent
Minimize the use and height of retaining walls. Blend retaining walls with the natural
topography.A series of shorter stacked walls is preferable over one tall wall.
44
Res 19-23
Construct retaining walls out of stone that is either locally sourced or appears to be
indigenous. Board-formed concrete and cor-ten steel are also permitted where not visible
to a street or common area.
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19 ANI;XAMPLI;Ol�COR-"1'ENX�lALNING WALLS WITHINA COURTYARD
The tops of walls are to follow the natural contours as closely as possible.Ends of walls are
not to end abruptly, but are to create natural-looking transitions with existing landforms
and vegetation and die into existing contours.
Quantitative/S�ecific Rec�uirements
Where grade changes equal or exceed 4 feet,stepped-back or terraced wall structures with
ample planting terraces (4-foot minimum width) are to be used. Higher walls may be
considered only if they are not visible from off- site, and if doing so significantly reduces
overall impacts to the site and/or adjacent land and must be signed by an engineer.
Retaining walls that are four feet in height or greater shall be designed by a licensed
engineer.Retaining walls that are integral to the house or in private outdoor areas such as
the back yard and not visible to the street may be constructed of alternate stone or masonry
that complements the house materials.Retaining walls should step down unless providing
for a programmatic function such as pools, patios, dog runs or dog areas. In these
applications,retaining walls should be expressed as extensions of the house.
• Retaining walls visible from any street or common area shall be constructed of the
designated project stone.
• Walls as extensions of the house must be of the same material as the house.
• Walls in patio areas, front yards or along side yards shall be constructed or clad
with stone to appear natural and indigenous.
45
Res 19-23
• Walls may incorporate stairs or ramps.
• Shrubs and vines are to be planted at the base and top of walls to blend them with
the site.
Specific Requirements in Landscape Areas
Retaining walls may only be constructed in the Landscape Area to accommodate a
driveway,motor court or footpath.
Specific Requirements in Natural Areas
Retaining walls may only be constructed at the perimeter of the Natural area to preserve
it from altered grades in the Landscape Area or Building Envelope.
See Attachment Two for rules regarding shared retaining walls and fences.
Drainage
Intent
• Maintain natural drainage patterns.
• Encourage on-site percolation.
• Minimize any potential for erosion.
• Direct runoff and respect public and private drainage easements, street,
conveyance systems, as shown in the community grading plans.
Quantitative/S�ecific Rec�uirements
Drainage is to be designed by a qualified Engineer or Landscape Architect. Natural
drainage courses and patterns are to be protected and maintained,wherever feasible.
Impervious surfaces are to be minimized to the extent feasible to encourage water
percolation into the ground. The use of more pervious (water permeable) materials, such
as approved gravels or open-celled pavers is encouraged.
Concentrated flows from impervious surfaces, roofs, and regrading must be collected and
discharged to a street or common area. It may also be collected in an on-site rainwater
collection system.
Materials and sizes for all culverts, headwalls, visible drainage structures and driveways
are to be approved by the Architectural Control Committee to ensure structures appear
natural and "disappear" into the landscape. Stone-reinforced dry creek beds designed to
carry water without causing erosion are encouraged in lieu or in combination with
underground drainage structures.
Drainage across or under driveways is to be incorporated into driveway and apron design
and any culverts are be concealed with stone headwalls or similar treatments.
46
Res 19-23
Drainage design is to minimize any potential for erosion and consequent downstream
water quality impacts.
Parking
Intent
• Minimize visibility of parking areas.
• Use decorative paving or aggregates with colors that blend with local soils to make
parking areas aesthetically desirable.
Quantitative/S�ecific Rec�uirements
All 70'wide Homesites are to provide a minimum of two enclosed parking spaces.A1180'
wide Homesites are to provide a minimum of three enclosed parking spaces.
• Guest parking spaces,if provided,are to be screened by a combination of plantings
and/or low walls(4-foot maximum).
• Large capacity trucks, recreational vehicles, motor homes, commercial vehicles,
large trailers and similar vehicles that cannot fit through a standard single bay
garage door (maximum size 9 feet wide by 9 feet tall) may not be kept at any
Homesite except for loading and unloading as may be allowed by Association
policies.
Garages are to incorporate planting designs that screen garage doors from the street or
common areas.
Exterior Hardscape Design: Outdoor Stairs, Paths, Courtyards, Terraces
Intent
• Create outdoor"rooms"as extensions of indoor rooms.
• Design outdoor improvements to respond to the Homesite's topography and
landscape characteristics.
47
Res 19-23
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20 THIS ENTRY COURTYARD NOT ONLYPROVIDES PRIVACYBUT EXTENDS THE LIVING SPACE
Quantitative/S�ecific Rec�uirements
Appropriate paving materials for exterior hardscape areas include:
• Native stone
• Colored, stamped, exposed aggregate and/or patterned concrete
• Brick or pre-cast concrete pavers that are chosen to bend into the natural
environment or to complement adjacent paving types in both color and pattern.
• Decomposed granite or gravel
Inappropriate paving materials for exterior hardscape areas include:
• Clay tile
• Non-colored,non-patterned concrete
• Asphalt
• Asphaltic concrete
All paths, outdoor stairs and terraces are to be located within the Building or Landscape
Envelopes with the exception of foot paths that may be located in the Natural Area.
Specific Requirement in the Natural Area
Foot paths may enter the Natural Area of the lot provided they follow natural contours
and utilize pervious materials that blend in color with the forest floor as appropriate.
Footpaths through the Natural Area are restricted to a maximum width of 5 feet.
48
Res 19-23
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Subjective Rec�uirements
Designs are to minimize the use of several different types of paving materials in order to
produce an understated, unified design. Materials are to augment and complement
architectural materials.
The spatial organization of the Residence and that of outdoor rooms and terraces is to be
designed as a series of spaces that relate to each other and to existing site and topographic
conditions.
Outdoor spaces are to transition gradually from the more formal, geometric lines
associated with buildings to the more organic forms of nature. Terraces are to respond to
existing trees and land forms, which may be used to create a gradual transition from the
built to the natural environment.
Plant materials, walls, architectural devices and/or landscape structures are to be
incorporated into the design of outdoor spaces.
Design of a terrace or outdoor room around a focal point such as a specimen tree, shrub,
or natural looking water feature is encouraged.
Impervious surface areas are to be minimized to the extent possible and kept close to the
house. Moving away from the house, there is to be a gradual transition to pervious or
"softer"surfaces such as gravel mulch, decomposed granite and/or hardwood mulch.
Screen Walls, Fences and Gates
Intent
Construct high quality walls and fences out of stone, metal, or concrete in a design that is
complementary to the architecture of the home.
49
Res 19-23
Fences,walls and gates are to relate to the residence and site topography.Fencing materials
are restricted to steel picket or metal pipe rail and wire mesh in flat black color. Wood
fences are prohibited.
Quantitative/S�ecific Rec�uirements
All fencing is limited to decorative steel picket or wire mesh. Each post shall have a
decorative "cap." Living plant materials for screening is encouraged.
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21,4N FXAMPLF OF YYIRF MFSH FFNCF
Transitions in fence and/or wall heights required by topography are to be gradually
stepped.
Solid screen walls are only allowed as extensions of the house and accessory structures.
These extensions shall be restricted to the building envelope and not be located on any lot
line.
50
Res 19-23
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22 THlS SCRFFN WALL FXTFNDS FROM THF BUILD/NG
Appropriate wall types include:
• Cast in place concrete
• Low stone walls not to exceed 4 feet in height
• Wing wall extensions that match building materials
• Stucco on CMU
Appropriate fence types include:
• Metal(maximum 6'height to horizontal top rail with 3/4'minimum picket painted
black or near-black.Picket spacing to be less than 6" on center.)
• Hedges used to disguise lower cost fences,particularly fences required for pets or
around pools.
Inappropriate fencing materials/types include:
• Exposed Concrete block
• Chain link
• Wood fences of any type
• Opaque fences of any type
Dog runs are permitted within The Knolls,provided they are constructed of materials that
are complementary to the principal building walls, site walls and/or landscape structures.
51
Res 19-23
Dog Runs shall be attached to residences and not free standing and are limited to an area
of 200 square feet. Dog runs shall be screened from the street and adjacent lots and must
be contained within the Building Envelope.
Any side yard fence may be installed by the first homeowner and the subsequent
homeowner shall share in cost by reimbursing the first homeowner by 50%of the portion
on the common lot line.
Retaining walls on the front of a Lot shall be constructed of the same stone used as the
project stone which is Leuders Charcoal chopped typically as 6" height laid in horizontal
coursing of generally 18" lengths. The retaining wall material shall blend with the
improvements constructed by the Declarant. Stone for interior Lot line walls shall be
Milsap charcoal stone,randomly coursed ashlar pattern with natural grey grout.
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23 ANEXAMPLE OF GRANBURYCHOPPED STONE
Landscape Structures, Site Furnishings, Fire Pits and Outdoor Art
Intent
In general,the same Guidelines that apply to architecture apply to the design of landscape
structures.
• Design landscape structures that appear as extensions and/or additional building
components of the main Residence.
• Incorporate landscape structures such as trellises to help mitigate the climate and
create shade, shadow and texture.
• Screen fire pits,outdoor art and other ornamentation from off-site views.
Requirements in the Building Envelope
Site furnishings, fire pits, outdoor art and landscape structures, such as arbors, gazebos,
pavilions, porte cocheres, greenhouses and/or decks, are permitted within the Building
Envelope.
The height,color,materials and style of outdoor structures are to be the same or similar to
that of the Residence.
Fire pits must be permanent and be designed to be complementary to the architecture and
landscape architecture of the overall property. Any masonry used is subject to the same
requirements for the use of stone as described in the preceding chapter.
52
Res 19-23
Landscape Area Requirements
Pathways, fire pits, freestanding site furnishings, outdoor art approved by the ACC,
terraces and patios that are less than 4 feet (including perimeter walls) in height from
existing or final grade whichever is lower - are permitted in the Landscape Area. Wood
decks supported by columns are not permitted in the Landscape Area.
Basketball Goals and Sporting Equipment
Intent
Basketball goals, or backboards, or any other similar sporting equipment of either a
permanent or temporary nature shall not be placed on any Lot or street or where same
would be visible from an adjoining street or Lot without the prior written consent of the
ACC.
The ACC shall have the authority to establish additional guidelines for the placement and
design of basketball goals, backboards, or any other similar sporting equipment and the
same shall be kept and maintained out of view from any street,except in accordance with
any such established guidelines.
Quantitative/S�ecific Rec�uirements
Permanent goals must meet the following criteria:
• Poles must be permanently mounted into the ground to the side of the driveway
in a full upright position 25'back from the curb.
• Poles,backboard and net must be maintained in good condition at all times.
• Backboard must be transparent.
• Poles must be painted flat black or near black.
• Poles may not be installed in front of the garage or facing into the street.
Portable goals must meet the following criteria:
• The goal must be placed to the side of the driveway and maintained at all times in
a full upright position 25'back from the curb.
• The pole,backboard and net must be maintained in good condition at all times.
• Poles may not be installed in front of the garage or facing the street.
• Landscape barrier,such as small shrubs must screen the base of the goal.
• Goals may not be rolled into the street or any other public right-of-way.
53
Res 19-23
Playscapes and Sport Courts
Intent
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not
be constructed on any Lot without the advance written approval of the ACC. The ACC
may prohibit the installation of sports courts, tennis courts, playscapes or similar
recreational facilities on any Lot.
Quantitative/Specific Requirements
Playscapes or any similar recreational facilities must comply with all the following
requirements:
• Must be located where the equipment will have minimum impact on adjacent Lots
and be screened from public view.
• All playscapes or any similar recreational facilities equipment must be of earth
tones colors,i.e.,medium to dark greens,browns, and tans.Bright primary colors
will not be permitted.
• Views of playscapes or any similar recreational facilities must be reduced from
public streets and adjoining units whenever possible.
• Playscapes or any similar recreational facilities must be placed no closer than five
feet(5') to any property line.
• Trampolines,whether portable or non-portable must be placed no closer than five
feet(5') to any property line.
• Playscapes, playground equipment and trampolines are prohibited in the front
yard.
If approved, portable playscapes, including but not limited to, non-permanent and/or
inflatable slides, moon bounces, water parks and above ground inflatable pools or kiddy
pools(collectively"Portable Playscapes")must be stored in a screened area,the rear of the
Lot, or inside the garage when not in use. In no event, shall any Portable Playscapes be
visible from or in the front of any Owner's Lot for any period of time exceeding twenty-
four(24)consecutive hours.
Water Features, Spas and Pools
Intent
• Locate pools,spas(hot tubs) and plunge pools so that their visibility is minimized
from areas outside the Homesite.
• Design pools and water features that augment outdoor spaces and extend the
architectural style of the Residence.
54
Res 19-23
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24 A WATFR FEATURF INA POCKF.T COURTYARD
Quantitative/Specific Requirements
Requirements in the Building Envelope and Landscape Area
Pools, spas and other water features are to be located within the Building Envelope or
Landscape Area, visually connected to the Residence and designed as an integral part of
the house's exterior design.
Water features such as small ponds, waterfalls and streams are to appear natural and not
contrived. They must be made out of materials that appear indigenous to the site and be
landscaped such that they appear to have occurred naturally.
Swimming pools may only be located within the building envelope.Pool safety measures
are to be taken in accordance with local governmental regulations.No swimming pool,spa
and hot tub shall be located in the front or side yard on any Lot unless enclosed in a
courtyard.
Pool and spa covers are to be dark and muted in color to recede from view.Pools and spas
are to be set down into the ground, terraces and/or decks. Above grade pools or spas are
not permitted.
Spa and water feature equipment enclosures may be in the side yard and are to appear as
extensions of the home and/or located in underground vaults to contain noise.Solid noise
absorbing covers for equipment may be required after installation if it is discovered that
the equipment is audible from adjacent properties.
The drains serving a swimming pool,spa and hot tub must be connected to street or private
drainage systems.
55
Res 19-23
Requirement in Natural Areas
Spas and Pools are not permitted in Natural Areas.
Planting Design
Intent
• Utilize new plantings to frame outdoor spaces,lessen the impact of new structures,
screen use areas and preserve and extend the forest landscape.
• Use plants that are adapted to the climate, are less invasive and require less water
and maintenance.
• Minimize the visibility of non-native plant materials, as viewed from off-site.
• Preserve and enhance the existing forest areas in the Natural Areas and existing
high quality and larger trees in the Building Envelope and Landscape Area.
56
Res 19-23
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Quantitative/Specific Requirements
Requirements for the Building and Landscape Envelopes
Each Lot shall be landscaped, at a minimum, with the following number of hardwood
shade trees in the yard of each Lot-two (2) per Lot on all Lots other than corner Lots and
four (4)per corner Lot(with two (2) in the front portion of the Lot, and two (2)in the side
of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The
hardwood shade trees required in the front yard of each Lot shall be no smaller in size than
3.5" caliper. After installation, landscaping (including temporary landscaping) shall be
properly maintained at all times. Any Owner who wishes to plant one or more gardens
upon their Lot must obtain the approval of the ACC of any such garden and must follow
57
Res 19-23
applicable requirements as to size of the Lot,visibility of the Lot from other Lots,streets or
common areas, and such other matters as the ACC may specify in any written approval.
Notwithstanding the foregoing, a minimum of one, three and one half inch (3.5") caliper
trees from the Approved Plant List must be planted on each Lot in addition to the Front
Yard Requirement.If existing protected trees are preserved in the front yard of a Lot,they
can be used to satisfy this requirement.
Manicured or groomed yards and non-native plantings are to be restricted to spaces
confined by buildings, walls and plantings or other well-defined edges so as to not be
visible from the street.Moving away from the house,towards the Natural Area,non-native
planting areas are to gradually transition to a native landscape so that a buffer of native
vegetation surrounds the Residence. Non-native plant species may not extend outside of
the Building or Landscape Envelopes.
Plant materials are to use a mix of sizes and be spaced in natural,informal patterns. Plant
species should be drifted (grouped to replicate natural occurring masses of same-kind
plant communities).
Shrubs, ground covers and vines are to be used to soften and reduce the perceived height
of foundation walls.
Tree and shrub plantings are to be of a sufficient quantity and size to effectively continue
the native forest canopy and under-story.
Trees and other vegetation are to be planted so that they define outdoor spaces, buffer
views of buildings and frame views.
Cut and fill slopes are to be re-vegetated with plantings appropriate to the site (see
Attachment 3)to blend them into the surrounding environment.
Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker,
illumination by light fixtures,the flow of air vents and air conditioner compressors as well
as pedestrian and vehicular traffic.
Plant materials are to be grouped according to water consumption needs.
Areas of irrigated landscape are not to exceed 40% of the combined area of the Building
and Landscape Envelopes.Xeriscaping is encouraged.
Requirements in the Natural Areas
With the exception of trees and shrubs that can be cleared per the previous"Tree and Shrub
Thinning and Removal"section,existing trees and major shrubs are to be preserved.
Additional plant materials may be added in the Natural Areas provided that they are
chosen from the approved plant materials for Natural Areas and that they enhance the
appearance and future health of the existing landscaping.
Disturbed native areas are to be restored to their previous condition or planted such that
they appear to be natural as approved by the ACC.
Native grasses and wild flowers may be planted in the Natural Area. Shrubs and ground
cover are also encouraged.
58
Res 19-23
Areas under native trees to be covered in hardwood mulch or scattered native boulders to
appear to be undisturbed.
Irrigation
Intent
• Minimize the amount of landscape irrigation required through water sensitive
landscape design.
• Utilize automated irrigation systems that provide efficient water coverage and
minimize water usage and runoff.Drip type systems are encouraged.
Quantitative/S�ecific Rec�uirements
Incorporate bubbler/drip irrigation systems that provide deep root-zone irrigation of trees
and shrubs. Trees are to be irrigated on a bubbler/drip system except where planted in
irrigated lawns.
Consult an arborist before introducing irrigation into the Natural Area of the Homesite.
Note that introduction of irrigation lines may jeopardize existing trees. Trenching for
irrigation lines is not to encroach within the drip line of existing trees unless required to
maintain appropriate moisture content of soils around foundations. All permanent
irrigation systems are to be below ground and fully automatic. Temporary irrigation
systems are required at all revegetation areas. These systems are to be removed once
plantings have been clearly established and after a minimum of one growing season.Black
poly pipe is to be used for all temporary, above-ground irrigation systems.
Group plant materials according to their water consumption needs. Mulch all new
planting areas, including trees in lawn areas with a minimum of 3 inches to retain soil
moisture,reduce erosion and provide for weed control.
Exterior Lighting
Intent
• Preserve the nighttime dark sky by minimizing the amount of exterior lighting.
• Utilize low intensity, indirect light sources to the extent required for safety and
subtle visual effect.
• Avoid unnecessary illumination of structures.
Quantitative/Specific Rec�uirements
Exterior lighting will be kept to a minimum and shall be subdued and indirect but
consistent with good security practices. Such illumination shall be designed and installed
so as to light only landscaping,driveway areas and walkways upon a Lot.Indirect sources
and horizontal cut-off fixtures are recommended to reduce glare and provide general
ambient light.Soffit or tree lights must be shielded or directed towards vegetation so as to
59
Res 19-23
eliminate glare and source visibility. Exterior lighting shall comply with Town of
Westlake's Dark Sky Ordinance.
No exterior light whose direct source is visible from a street or neighboring property or
which produces excessive glare to pedestrian or vehicular traffic will be allowed.Nuisance
lighting and or glare must be avoided.
Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25
watt incandescent or equivalent lumens.
Building walls shall not be illuminated and light from landscape lighting may not
illuminate building walls higher than four feet(4') above grade.
Floodlights are prohibited. Exterior lighting in motor courts and over garage doors
may/shall be motion detector activated and not installed higher than ten feet (10') above
the grade of the driveway.
All light sources must be fully shielded from view from adjacent property or right-of-ways.
Decorative Light sources such as entry sconces must be shielded with frosted or
translucent glass.
Path lighting fixtures are to be a maximum height of 24 inches.
With the exception of low-level driveway lights,all lighting must occur within the Building
ar Landscape Areas.
Exterior lighting is to fall within the following wattage ranges:
• Architectural lights mounted to buildings and that are fully recessed and
downward facing are not to exceed 75 watts.
• All other architectural lights are not to exceed 40 watts.
• All landscape lights are not to exceed 20 watts.
Exterior Holiday Decorations
Lights or decorations may be erected on the exterior of the principal residential structure
in commemoration or celebration of publicly observed holidays provided that such lights
or decorations do not unreasonably disturb the peaceful enjoyment of adjacent Owners.
All lights and decorations must not be permanent fixtures of the principal residential
structure without prior written approval of the ACC and shall be removed within thirty
(30)days after the holiday has ended.Christmas decorations or lights may not be displayed
prior to November 15.
Air-Conditioning and Other Mechanical Equipment
No air-conditioning apparatus may be installed on the ground in front of the principal
residential structure or on the roof of the principal residential structure unless screened in
a manner approved by the ACC. Ground level air conditioning units shall be installed at
street level only. All mechanical equipment, including air-conditioning equipment, shall
be located in a side or rear yard only and shall not be visible from streets or Common
Areas.
60
Res 19-23
No window air-conditioning apparatus or evaporative cooler may be attached to any front
wall or front window of the principal residential structure or at any other location where
it would be visible from any street, any other Lot or any Common Area.
Pool/spa equipment must be located behind walls or screened from view with landscape
to contain noise.
Barbecue Grills
Freestanding barbecue grills are permitted only if they are stored and used in the rear yard
space of the Lot that is not visible from the street.BBQ grills may also be built into outdoor
kitchens and the masonry and other materials shall match the materials used on the
residence.
61
Res 19-23
CHAPTER THREE
CONSTRUCTION GUIDELINES
Overall Intent
The following restrictions shall apply to all construction activities at The Knolls. Periodic
ins�ections b,��resentative of the ACC or the Town of Westlake mav take �lace in
order to identifv non-com�l,�� construction activities. If items identified as not
com�l,�g with the re�ulations are not remedied in a timelv manner,fines will be levied.
Erosion Control Installation and Maintenance
It is the responsibility of each Owner to install erosion control measures prior to the start
of construction and to maintain them throughout the entire construction�rocess.
Silt fencing installed to all applicable standards is required to be properly installed and
maintained to protect the low sides of all disturbed areas, where storm-water will flow
during construction.The purpose of the silt fence is to capture the sediment from the runoff
and to permit filtered, clean water to exit the site. The Owner should antici�ate that built-
� sediment will need to be removed from the silt fence after heavv or successive rains,
and that an�breach in the fencing will need to be repaired or replaced immediatel�
If for any reason the silt fence is to be temporarily removed,please contact a representative
of the ACC prior to the removal.
Security
Neither the ACC,the Association,nor the Declarant shall be responsible for the security of
job sites during construction. Temporary security fencing around construction sites are
optional for builders and owners but must be approved by the ACC.
Construction Hours
Unless a written waiver is obtained from the ACC, construction may only take place
during the following hours:Monday through Friday from 7:00 a.m.unti17:00 p.m.,and on
Saturdays and Sundays from 9:00 a.m. until 6:00 p.m. or as regulated by the Town of
Westlake if more restrictive.
Noise, Animals, Children
The use of radios, tape and CD players must be restrained so as not to be heard on an
adjoining Lot or street.
Contractors and subcontractors may not bring dogs to construction sites. Contractors and
subcontractars may not bring children under 16 years of age to construction sites.
62
Res 19-23
Material and Equipment Storage
All construction materials and ec�ui�ment shall be neativ stacked, �ro�erlv covered and
secured.Any storage of materials or equipment shall be the Owner's responsibility and at
their risk.Owners may not disturb,damage or trespass on other Lots or adjacent property.
Insurance
The ACC requires an Owner to procure adequate commercial liability insurance during
construction naming the Association, the Declarant and the ACC as additional insureds,
in an amount to be determined,from time to time by the ACC.
Site Cleanliness
During the construction period, each construction site shall be kept neat and shall be
�ro�erl�policed to�revent it from becomin�an e, e�
Owners and Builders shall be responsible for removing refuse and shall provide a
container for debris and shall clean up all trash and debris on the construction site on a
daily basis. Trash and debris shall be removed from each construction site on a timely
basis.Lightweight material,packaging and other items shall be covered or weighted down
to prevent wind from blowing such materials off the construction site.
The dum�ing,bur,�g or burnin�of trash is not�ermitted an�where in The Knolls.
It is imperative that, when moving heavy equipment around, precautions be taken to
prevent damage to pavement, curbs, and vegetation. Crawler tractors are not to be
operated on paved or concrete surfaces. Mud, dirt and other construction debris that is
tracked off site shall be cleaned on a dailv basis.
Sanitary Facilities
A temporary sanitary facility (chemical toilet) shall be provided and maintained for the
use of construction workers and shall be screened from view in a manner approved in
advance by the ACC.It should be installed on level ground, at the back of the lot unless it
cannot be serviced and screened from view. A mock up construction wall shall be used to
screen it if located in the front part of the lot.
Construction Parking
Construction crews shall not park on,or otherwise use,other Lots.No construction vehicle
will be permitted to leak oil or otherwise damage or deface any street located within the
community.
63
Res 19-23
Schedule of Fines
Periodic inspections by a representative of the ACC may take place in order to identify
non-complying construction activities.Listed below is the schedule of fines which may be
assessed.
Schedule of Fines
Premature Clearing $5000
Construction Without ACC Approval $5000
Encroachment on Adjacent Properties $5000 plus cost of repair
Violation of Rules,Restriction or Guidelines $500/day
Failure to Install and/or Maintain Erosion Control Measures $1000/day
*Greenbelt/Open Space Lot violation $5000
Sign Violation $500 per sign/incident
*In the event, the Association or Declarant is required to repair, clean up or provide
necessary service to bring the improvement into compliance, the Owner will be assessed
the cost of repair, clean up, or service plus an additional 10% for time and service
expended.
Duration of Construction
The principal residential structure residence shall be complete and available for occupancy
on or before eighteen (18) months after the commencement of construction and
construction activity must be continuous. Additional extensions shall be determined by
the ACC.
64
Res 19-23
CHAPTER FOUR
DESIGN REVIEW PROCESS
Overall Intent
The design review process has been developed to insure that all new construction,
alterations and renovations to existing buildings and major site Improvements conform to
the guiding principles of The Knolls as outlined in the Design Guidelines. The design
review process has been structured to eliminate excessive delays. The ACC suggests that
property Owners begin the review process early to allow ample time to obtain required
permits. When reviewing design and construction projects, the ACC will be looking for
compliance with the principles outlined in this document.
Project Types for Review
New Construction
Construction of any new, freestanding structure, whether as a Residence, Accessory
Structure or landscape structure.
Alterations,Additions or Rehabilitation of an Existin�Structure
Any new construction or rehabilitation to an existing building or landscape structure that
alters the original massing, exterior finishes, window placement, roof design, exterior
lighting,interior lighting visible from off-site and/or other significant design elements.
Major site and/or landsca�e Im�rovements
Any major Improvements or changes to Improvements, including, but not limited to,
grading(for any excavation and/or fill involving more than 50 cubic yards of dirt),planting
of non-native plants,tree removal,irrigation,swimming pools,driveways,fencing,paving
and/or drainage,that alter an existing landscape.
The ACC evaluates all development proposals on the basis of these Guidelines. Some of
the Guidelines are written as broad standards and the interpretation of these standards is
left up to the discretion of the ACC.
Design Review Process Overview
The Knoll's design review process,unless otherwise noted takes place in five steps.
1. Pre-Design Conference
2. Preliminary Design Review
3.Final Design Review
4. Construction Monitoring
5.Final Observations
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Res 19-23
Any Improvement as described above will require and be preceded by the submission of
plans and specifications describing the proposed Improvements and accompanied by an
application fee. The Owner is to retain competent assistance from a licensed Architect,
Arborist, Landscape Architect, Civil Engineer, Soils Engineer and a licensed and bonded
Contractor (Consultants) as appropriate. The Owner and Consultant(s) are to carefully
review the CC&R's and the Guidelines prior to commencing with the design review
process.
Having secured final design approval from the ACC, the Owner is to also meet all
submittal and approval requirements of the water utility company and the Town of
Westlake Planning and Building Departments to obtain any necessary building permits.
In accordance with the CC&Rs,the Owner is to commence construction within one year of
final design approval and is to diligently pursue completion of construction within a year
of start. Final landscape installation is to be completed within 3 months of occupancy.
Written approval from the ACC is required in order for any construction and/or
landscaping to extend beyond the time limits noted above.
Design Review Process-Minor Im�rovements
Minor Improvements(including,but not limited to,construction of,or addition to,fences,
walls, and/or enclosure structures),which are being completed independent of any major
Improvements,do not need to proceed through all four steps of the general design review
process. Minor Improvements may generally be submitted as part of a two-step review
process:
1.Final Design Review
2.Final Observation
Specific submission requirements and fees will be determined on a case-by-case basis as
required by the nature of the Improvement.Owners and/or Consultants should contact the
ACC to verify whether an Improvement qualifies for the abbreviated design review
process. Upon receipt of permission to proceed with an abbreviated process, the Owner
and/or Consultant will obtain a list of specific submission requirements from the ACC.
Exclusions to ACC review would be rehabilitation or maintenance of an existing structure
or landscaping elements. For example; replacement of dead plant material with same or
similar pre-approved plants;mulching or routine tree trimming;repainting same colors or
routine maintenance of structure.
Actions and Approvals
The ACCs actions on matters is to be by a majority vote of the ACC.Any action required
to be taken by the ACC may be taken regardless of its ability to meet as a quorum, if a
majority of the ACC is able to review the matter individually and come to a majority
opinion. In such cases, the ACC shall make every effort to facilitate a discussion of the
matter between all members through teleconferencing and/or other means of
communication.The ACC will keep and maintain a record of all actions taken by it.
66
Res 19-23
If an Owner and/or Consultant disagrees with the ACCs written conclusions from a
meeting, the Owner and/or Consultant should list specifically, in writing,which portions
of the written record require clarification or correction. The ACC will then review the
requested clarifications ar corrections and either amend the record accardingly or let it
stand,while noting the issues raised by the Owners and/or consultant(s).In the latter case,
a subsequent meeting shall be held between the Owner and the ACC to resolve the
difference in interpretation.However,the decision of the ACC will be final.
After the Declarant has delegated to the Board the appointment of ACC members, any
Owner may appeal ACC actions as described in the CC&Rs. The powers of the ACC
relating to design review will be in addition to all design review requirements imposed by
any other governing body with legal action.
Approved Design Professionals
In addition to the Declarant, The design team is to be comprised of the following
Consultants:
• Architect
• Landscape Architect
• Arborist
• Additional professional services such as Civil Engineer, as required.
Protocol for Approval of Architects
Architects and Landscape Architects may work on a particular Homesite at The Knolls
provided the conditions listed below are met.
1. Samples of previous residential work:
• The Architect is to provide the ACC with three recent examples of residential
designs that would generally meet the Design Guidelines.
• The Architect is to provide the ACC with a list of residential clients, general
contractors,structural and Civil Engineers(preferably three each)whom the ACC
may contact as references.
2.Affidavit on compliance with regulations:
• The Architect is to review The Knolls Design Guidelines.
• The Architect is to review the zoning and building regulations for the town of
Westlake.
• The Architect is to provide the ACC with a signed copy of the Affidavit, available
from the ACC office, certifying that he/she has reviewed and understood the
documents referred to above and will comply with their provisions.
3.Approval by ACC:
• The ACC shall have sole discretion to approve or disapprove any Architect
submitted by an Owner. The ACC may disapprove an Architect if in the ACC's
67
Res 19-23
reasonable opinion, the Architect does not have the qualifications, training,
license, experience or understanding of the design requirements to execute the
design and construction of a residence at The Knolls.
• The ACC shall have the sole and absolute discretion to include an Architect on its
list of Invited Architects. The approval of an Architect to design a particular
residence for a particular client does not require the ACC to approve him/her for
any other Owner.
Pre-Design Conference
Prior to preparing any drawings for a proposed project, the Owner, Architect, Landscape
Architect and any other key project team members are to meet with at least one member
of the ACC or ACC Administrator to discuss the proposed project. During this meeting,
the ACC will explain to the project team their responsibilities in implementing the
Guidelines. This meeting will initiate the review and approval process and allow any
questions regarding building requirements, interpretation of the Guidelines or the design
review process to be resolved. The Owner may request that the meeting take place on the
Homesite. Prior to the Pre-Design Conference, the Owner is to have engaged the services
of an Architect and Landscape Architect and reviewed the Guidelines together with these
Consultants.The Owner and Architect, at a minimum, are to attend this initial meeting.
Additional information may be requested by the ACC as necessary to describe the project.
The Pre-Design Conference may be scheduled by submitting the Pre-Design Conference
Request Form at least ten(10)working days prior to the desired meeting date.
Preliminary Design Review
Within six months of the Pre-Design Conference, the Owner is to submit a written
application and preliminary design documents for Preliminary Design Review.A checklist
of the required preliminary design documents follows.
The Preliminary Design Review will insure that:
• All structures are sited to step with the topography,blend into the landscape and
minimize grading and site impact.
• The transition between the building and the surrounding environment
accomplishes the intent and specifics of the Guidelines.
• The roofs, massing, building materials, landscape materials and other site and
architectural Improvements are consistent with any adjoining buildings and/or
outdoor amenities and the Guidelines.
Conce�tual Submissions(�tional�
Owners and/or design representatives may choose to submit sketches and/or conceptual designs for
ACC feedback prior to submitting for Preliminary Design Review.
68
Res 19-23
Preliminar,�gn Review Submission Materials
The Applicant is to prepare and submit to the ACC for review and approval a Preliminary
Design Review package, which adequately conveys (as appropriate): existing site
conditions,building orientation and design,vehicular and pedestrian access,the proposed
use of exterior materials and colors, and conceptual landscape design. The package shall
include one full-size sets and two sets of 11" x 17" reductions of the drawings and/or
materials listed below.
The following list describes the information that will be required for new construction
projects and for alteration, rehabilitation or additions to an existing structure. New
construction projects are to submit all items listed below. Submissions for additions to
existing buildings need only submit items 2 through 6. Submissions for the alteration
and/or rehabilitation of an existing structure and/or major landscape Improvements need
only submit items 5 and 6.
1. Preliminary Design Review Application Form - A completed application form.
(ATTACHMENT ONE)
2.Property Survey-(1"=20'-0"minimum scale),a property survey prepared by a licensed
surveyor indicating property boundaries; front, rear and side setbacks; the area of the
property and Improvement Envelope; all easements of recard; all existing 4" caliper and
greater trees(as measured four(4)feet from the ground);and any significant drainages,as
applicable.
3. Site Plan - (1" = 20'-0" minimum scale), showing existing topography and proposed
grading and drainage (1' contour interval),building footprint with finished floor grades,
driveway, parking area, drainage, fences, walls, patios, decks, pools and any other site
amenities. Existing vegetation patterns, proposed clearance areas and trees to be removed
and/or preserved are to be indicated.
4.Floor and Roof Plans-(1/8"=1'-0"minimum scale,unless otherwise specified),including
all proposed uses, proposed walls, door and window locations, overall dimensions,
finished floor elevations, and total square footage for all floors of all structures.
5. Schematic Elevations - (1/8" = 1'-0" minimum scale), including Building Heights, roof
pitch,existing and finished grades and notation of exterior materials. In addition to black
and white elevations,one unbound set is to be rendered in color and illustrate shadows.
6. Conceptual Landscape Plan - (1" = 20'-0" minimum scale), a conceptual plan showing
irrigated areas, areas of planting, a preliminary plant list, extent of lawns, areas to be
revegetated, water features, patios, decks, courtyards, schematic utility layout, service
areas and any other significant design elements.
7. Study Model - (1/S" = 1' - 0" minimum scale), illustrating the relationship between
proposed and existing building forms and topography, tree heights and prevailing site
conditions. This need not be an expensively detailed model, but simply adequate to
communicate basic three-dimensional concepts. A three-dimensional computer
rendering(s)may be substituted to fulfill this requirement.
69
Res 19-23
The ACC reserves the right to amend the Preliminary Design Review submission
requirements on a case-by-case basis as required by conditions and considerations
particular to each Homesite and/or building(s).
Staking and Tree Ta�ing
Upon submittal of the Preliminary Design Review Application for all Improvements, the
Owner is to stake the corners of the proposed building, any proposed building additions,
all other major Improvements and driveway centerlines. The Preliminary Design Review
submission will not be considered complete until the building footprint and driveway are
staked.
Trees proposed for removal are to be marked in the field with red tape.Trees to be pruned
and/or limbed are to have blue tape tied to the limb and/or area of trimming. Trees
proposed for transplanting are to be taped with yellow ribbon and a stake placed in the
proposed location of transplant.
Preliminar,�gn Review Meeting
The Owner and/or Consultant(s) may attend the meeting but are not required to be
present.The ACC will review and comment on the application at the meeting, allow time
for discussion with the Owner and/or Consultant(s),and subsequently provide the Owner
with the conclusions of the meeting in writing.
The comments of the ACC on the preliminary approval shall not be binding upon either
the Owner or the ACC if approval is not initially granted. If there are significant changes
required, the ACC may determine that a second review meeting may be necessary to
review corrected and/or new materials prior to submitting for final plat. Corrected
materials must be provided to the ACC a minimum of five (5) working days prior to the
next regularly scheduled meeting.
Final Design Review
Within one year of Preliminary Design Review approval, the Owner is to initiate Final
Design Review by submitting the written application and final design documents. All
items are to be in compliance with the Guidelines prior to submitting for Final Design
Review.
Final Design Review Submission Materials
The Applicant is to prepare and submit to the ACC for review and approval a Final Design
Review package that adequately conveys compliance with the Guidelines. Final design
documents are to generally conform to the approved Preliminary Design Review
documents. All architectural plans are to be prepared by an Architect or approved
Designer.
The package is to include one full-size sets and two sets of 11" x 17" reductions of the
following drawings and/or materials. Submissions for new construction and additions to
existing buildings should submit all items listed below. Submissions for the alteration
70
Res 19-23
and/or rehabilitation of an existing structure and/or major landscape Improvements need
only submit items 3 through 10 as applicable.
1. Final Design Review Application Form-A current application form, available from the
ACC office,is to be completed and submitted.
2. Site Plan - (1" = 20'-0" minimum scale) showing existing topography and proposed
grading and drainage (1' contour interval), building footprint (including accessory
structures) with finished floor grades, building setbacks, easements, driveway, address
marker, parking area, drainage, utilities, fences/walls, patios, decks, pools and any other
site amenities. Existing vegetation patterns (including extent of tree canopies), proposed
clearance areas and trees to be removed and/or preserved are to be indicated.
3. Grading, Drainage and Erosion Control Plans - (1" = 20'-0" minimum scale), showing
existing and proposed grades, all drainage structures and/or other drainage design
solutions, and cut and fill calculations. Plans are to also indicate the size of stockpiles,
where they are to be located on the Construction Site and the length of time they will
remain.The extent and location of sediment fencing and measures taken to control erosion
during grading and construction are also to be indicated.
4. Foundation, Floor and Roof Plans - (1/8" = 1'-0" minimum scale, unless otherwise
specified), for all buildings, including all proposed uses, room dimensions, total square
footage for conditioned and unconditioned spaces, door and window locations and sizes,
location and type of all exterior lighting fixtures. Roof plans are to indicate ridge
elevations,roof pitches and locations of drainage systems,chimneys,vents,flues,satellites,
antennas, and solar panels. Visual screening of satellites, antennas and solar panels is to
likewise be addressed.
5.Elevations-(1/8"=1 '-0"minimum scale),illustrating the exterior appearance of all views
labeled in accordance with the site plan. Indicate the height of chimney(s) as compared
with the ridge of the roof, the highest ridge of the roof, finished floor elevations, and
existing and finished grades for each elevation.Describe all exterior materials, colors, and
finishes(walls, roofs,trim, chimneys,windows, doors,light fixtures, etc.).
6.Landscape Plans-(1"=20'-0"minimum scale),including irrigation plans with locations
of main irrigation lines, areas of automatic irrigation, type of controls and type of heads;
proposed plant materials, sizes, and locations; trees to be removed; tree protection plan;
areas of planting,water features,patios,decks,courtyards,utility layout,service areas and
any other significant design elements.
7. Lighting Plan - (1/8" = 1'-0" minimum scale), including locations of all exterior
architectural and landscape light fixtures. Cut sheets are to be submitted for all proposed
fixtures and bulb types, including wattage and lumen specifications for each fixture and
the total lumen output calculation for the Homesite.
71
Res 19-23
8. Sample Board (as applicable) -including:
• Roof materials and colors
• Wall materials and colors
• Exterior trim material and color
• Window material and color
• Exterior door material and color
• Stone/rock materials
• Exterior rails,fencing, and paving materials
• Lighting fixture cut sheets
10. Construction Schedule - include start and completion dates for both building and
landscape construction.
The ACC reserves the right to amend the Final Design Review submission requirements
on a case-by-case basis as required by conditions and considerations particular to each
specific project and/or property.
Stakin�and Tree Ta�ing
Upon submittal of Final Design Review documents, Applicants are to re-stake the
buildings,if the building footprint has been altered from that staked at Preliminary Design
Review or if requested by the ACC.The Applicant is to contact the ACC prior to submitting
final design documents to confirm staking requirements.
Trees proposed for removal are to be marked in the field with red tape.Trees to be pruned
and/or limbed are to have blue tape tied to the limb and/or area of trimming.
Trees proposed for transplanting are to be taped with yellow ribbon and a stake placed in
the proposed location of transplant.
Final Design Review Meeting
The Owner and/or Consultant(s) may attend the meeting but are not required to be
present.The ACC will review and comment on the application at the meeting, allow time
for discussion with the Owner and/or Consultant(s),and subsequently provide the Owner
with an approval or conclusive recommendations in writing for refinements to the design.
A second review meeting may be necessary to review corrected and/or new materials.
Corrected materials are to be provided to the ACC a minimum of five (5) working days
prior to the next regularly scheduled meeting.
Final Design A�roval
The ACC will issue final design approval in writing.Construction must commence within
twelve (12) months of final design approval. Past the twelves months, the owner is
required to provide an affidavit that plans are intact and unchanged.
72
Res 19-23
Changes to Approved Plans
The Knolls Residential CC&R's contain provisions that any improvements by property
Owner must conform with approved plans. Therefore, the final approval of a proposed
design constitutes an agreement with the Association that the proposed home or
modification to a home be consistent with the approved plans and specifications.The ACC,
however,understands that the construction process may ultimately result in either a need
or desire to make a change in the approved drawings and will welcome the opportunity
to review proposed changes. In the event a change is desired, the Owner, Contractor or
Architect must submit the proposed changes in a graphic form to the ACC for review.The
ACC will work in a reasonable manner to respond to a request for change as quickly as
possible, but the review process will remain consistent with the aforementioned policies
and guidelines.Applications for changes to approved plans shall include the following:
• A clear statement of the scope of the requested change
• A statement supporting the reasons for the change.
• Appropriate graphic materials illustrating the change.
Note: If changes are made to approved drawings without ACC review and approval, a
stop work notice may be posted on the project until such time as the required approval is
obtained. To avert delays in construction, submit changes as early as possible for ACC
approval.
Re-submittal of Plans
In the event that final submittals are not approved by the ACC,the Owner will follow the
same procedures for a resubmission as for original submittals.An additional design review
fee is to accompany each resubmission as required by the ACC.
Subsec�uent Changes
Subsequent construction,landscaping or other changes in the intended Improvements that
differ from approved final design documents, sample boards or the mock-up are to be
submitted to the ACC for review and approval prior to making changes.
Work in Progress Observations
During construction,the ACC will check construction to ensure compliance with approved
final design documents. If changes or alterations have been found that have not been
approved, the ACC will issue a Notice to Comply.
Notice to Complv
In the event that the ACC finds changes and/or alterations during the Construction
Monitoring process that have not been approved,the DRC will issue a Notice to Comply.
73
Res 19-23
Notice of Com�letion
Upon completion of construction of the Residence and the landscaping,the Owner and/or
Contractor will submit to the ACC a Final Observation Request form for any
Improvement(s) given final design approval by the ACC. The ACC will make a final
inspection of the property within ten(10)working days of notification,weather permitting.
Construction deposit will be returned at this time.
Right of Waiver
The ACC recognizes that each Homesite and/or Building has its own characteristics and
that each Owner has their own individual needs and desires.For this reason,the ACC has
the authority to approve deviations from portions of the Guidelines. It should be
understood,however,that any request to deviate from these Guidelines will be evaluated
at the sole discretion of the ACC. Prior to the ACC approving any deviation from the
Design Guidelines,it must be demonstrated that the proposal is consistent with the overall
objectives of these Design Guidelines and that the deviation will not adversely affect
adjoining properties or The Knolls as a whole. The ACC also reserves the right to waive
any of the procedural steps outlined in the Guidelines provided that the Owner
demonstrates there is good cause.
Non-Waiver, No Inadvertent Precedents
An approval by the ACC of drawings, specifications or work done or proposed, or in
connection with other matters requiring approval under the Guidelines, including a
waiver by the ACC, shall not be deemed to constitute a waiver of the right to withhold
subsequent approval. For example, the ACC may disapprove an item shown in the final
design submittal even though it may have been evident and could have been,but was not,
disapproved at the Preliminary Design Review. An oversight by the ACC of non-
compliance at any time during the review process,construction process or during its final
inspection does not relieve the Owner/Developer from compliance with these Guidelines
and all other applicable codes, ordinances and laws.
Any error, omission or misjudgment by the ACC in any one instance shall not constitute
the creation of a precedent governing future approvals and decisions. The ACC reserves
the right to learn from any such errors or misjudgments and shall not be required to
approve repetitions of them.
Non-Liabilitv
The ACC or any member,employee or agent of the ACC will not be liable to any party for
any action,or failure to act with respect to any matter if such action or failure to act was in
good faith and without malice.
74
Res 19-23
Design Review Schedule
The ACC will make every reasonable effort to comply with the time schedule for design
review. However, the ACC will not be liable for delays that are caused by circumstances
beyond their control. The ACC will provide design review according to the following
schedule:
1.Pre-Design Conference
• Meeting scheduled within ten(10)working days of receipt of Pre-Design
• Conference request form.
2.Preliminary Design Review
• Application documents to be submitted ten (10) working days prior to the next
scheduled ACC meeting.
• The ACC shall meet within twenty (20) working days to consider a complete
application.
3.Final Design Review
• Application documents to be submitted ten (10) working days prior to the next
scheduled ACC meeting and within one year of preliminary design approval
• The ACC shall meet within fifteen (15) working days to consider a complete
application.
• A second review meeting may be necessary to review corrected and/or new
materials. Corrected materials will be provided to the ACC a minimum of five(5)
working days prior to the next regularly scheduled meeting.
4.Minor Improvement
• Application documents to be submitted a minimum of seven (7) working days
prior to the next scheduled ACC meeting.
• Written comments from the ACC meeting provided to Owner within seven (7)
working days.
• A second review meeting may be deemed necessary by the ACC to review
refinements,revisions and/or new materials.These materials must be provided to
the ACC a minimum of five(5)working days prior to the next regularly scheduled
meeting.
• Written comments and/or notice of final design approval provided by ACC to
Owner within seven(7)working days of the review meeting.
5.Construction Observations
• Site Observation with the Contractor prior to any site disturbance, and within
seven(7)working days of receipt of written request.
• Foundation/Mock-Up Observation within seven (7) working days of receipt of
written request.
75
Res 19-23
• Final Construction Observation within seven(7)working days of receipt of written
request.
• Notice of Completion issued within seven (7) working days of approved Final
Landscape Observations.
Plan Submittals and Review Fees
New residential home construction within The Knolls will utilize the process described in
this section.No Improvements may be commenced until the Owner has received a written
"Approval" from the ACC.
Construction Securitv De�osit
In order to ensure an owner's compliance with the documents,each owner shall pay to the
Association a construction deposit (in an amount established by the Board from time to
time)upon the owner's submission of final plans and specifications for the construction or
modification of an improvement under these Guidelines. Currently, the construction
deposit for new construction is$25,000 and$12,500 for remodels, additions or expansions.
Said funds shall be held in escrow.Upon final inspection by the ACC and compliance with
the approved plans and completion of all landscape and site requirements, the deposit
shall be returned net of any Association draws as described below. The Association may
draw against the deposit to repair or replace damages to Open Spaces,Association owned
improvements including gates, curbs, streetlights,landscape and irrigations systems. The
deposit may also be utilized for site clean-up, repairs or replacements to erosion control
devices and the like if owner or builder fail to keep the construction site clean or fails to
keep mud and silt from the streets and Open Spaces.
New or Revision House-Start ACC A�lication-$2,500�er a�lication
Submittal process: Current ACC application completely filled out, plot plan attached (no
plans required), and a check per application mailed or delivered to the ACC. Revisions
will be charged same as a new submittal.
Master Plans ACC Submittal-$500�er�acka�e
Submittal process: These packages usually occur when a builder enters a community, or
changes product. All plans are to be submitted on ledger paper 11x16 or half size sets.
Plans must include all elevations, roof pitch, brick/stone/stucco/siding percentages, and
dimensional page for house width. Please include a submittal letter explaining the
section(s) and specifics of the review. Mail or deliver the plan sets along with a check to
the ACC.
***Plans are reviewed in advance by the ACC.***
Additional/New ACC Plan Review-$500�er�lan
Submittal process:Mail or deliver half size or 11x16 set of plans that include all elevations,
roof pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a
submittal letter describing the request along with a check per each plan to be reviewed to
the ACC.
76
Res 19-23
Variance ACC Review-$250�er variance
Submittal process:Variance request letters must include the legal address, street address,
and a description of the variance,i.e.measurements,etc Mail or deliver the letter and any
supportive materials (plot plan)along with a check to the ACC.
77
Res 19-23
ATTACHMENT ONE
ACC APPLICATION
Deliver to:
ACC c/o
Address
Date:
Lot: Block: Phase: Section:
Plan#: Bedrooms: Baths:
Address:
Lot Plan Attached: (Please Circle) Yes/No
1St Floor Masonry°/o 2nd Floor Masonry°/o
Chimney:
(Please Circle) Yes/No Masonry
Fencing Type:
Stone Manufacturer and Color:
Brick Manufacturer and Color:
Roof Pitch: Roof Color: Roof Material:
Paint Color:
Fill in the information if different from color above
78
Res 19-23
Trim Color: Door Color:
Shutters Color: Garage Color:
Square Footage of House: House Width:
Front Retaining Wall:
(Please Circle)Yes/No Deck: Yes/No
Patio: square feet
Comments:
Builder Name/Contact Information:
By: Approval Date:
79
Res 19-23
ATTACHMENT TWO
THE KNOLLS AT SOLANA SUPPLEMENT TO THE DESIGN GUIDELINES
Shared side yard retaining wall rule
These rules shall set forth the responsibilities of adjacent lot owners and are
applicable for lots with cross slopes such that the natural grade falls across the
street face or width of the lot.
Project Consistent Stone
All retaining walls constructed on a property line shall be constructed or faced
with the stone designated as the community stone. This stone specification shall
also apply to any wall visible to a street. The project stone is hereby designated to
be available from quarry or as sourced
by lot owner to be consistent in type.
Wall Location
Where retaining walls are constructed alongside lot lines to either facilitate fill on
the uphill lot or cut on the downhill lot,the wall shall be located wholly within the
lot where the construction activity first occurs. In other words, if the uphill lot is
developed first, then builder shall construct the retaining wall within the uphill
lot. If the downhill lot is developed first and desires to cut into the slope, thus
requiring a retaining wall to withhold the natural grade, the wall shall be wholly
located within the downhill lot unless mutually agreed to in writing by the
adjacent lot owners. The cost of the retaining wall shall be borne by the owner of
the lot where the wall is constructed subject to the following criteria:
Cost Sharing
If a lot owner constructs a residence on any lot whereby the natural grade is
unaltered a side lot line, that lot owner is exempt from participating in any
retaining wall cost that the adjacent lot owner may construct. Refer to diagram
"A". In diagram "A" the owner of lot 1 did not alter grades at either side yard lot
line, and therefore would not participate in any side yard retaining wall costs.
They would pay for 50% of each side yard fence.
If two adjacent lots are both altered from natural grade whereby the uphill lot and
the downhill lot both require the shared side yard retaining wall as illustrated in
diagram "B", then the cost of the wall shall be shared 50/50 by both lot owners. In
diagram "B",both lot owner 1 and 2 have altered the grade at their common side
property line and therefore both contribute equally to the cost of the shared wall.
The owner of the lot to be developed first shall fund the full cost of the wall. The
lot owner shall provide the ARC, or their designate, an invoice showing the full
cost of the side yard wall. At such time as the adjacent lot is developed, the owner
of that lot shall remit a reimbursement of 50% of that wall to the ARC at the time
80
Res 19-23
the construction deposit is paid to the ARC. The ARC shall remit the
reimbursement to the lot owner who constructed the wall. Any agreement to the
contrary must be made in writing prior to the wall construction, signed by both
lot owners and provided to the ARC. The obligation to reimburse shall attach to
the lot and the ARC shall be able to lien the lot owing the reimbursement.
Shared Fences
All side yard retaining walls shall be constructed with corings at 8 ft on center to
receive fence posts for a steel picket fence as described in the Design Guidelines.
Regardless of whether a retaining wall is constructed along a side yard lot line,
any fence that is installed along a side yard lot line shall be shared 50/50 by both
lot owners.
The fence shall be installed as part of the retaining wall construction regardless of
whether the wall was constructed by the uphill or downhill lot owner.
81
Res 19-23
The Knaffs at Svfana
Retain9ng Wall retaining walf rule
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1
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Qiagram "A"
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82
Res 19-23
ATTACHMENT THREE
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in The Knolls.
Requirements for specific Lots may be more or less restrictive depending on landscape
indigenous to the immediate site and the location of the site within the Property.
Canopy Trees at Street/Lot:
Shumard Red Oak(Quercus shumardii)
Live Oak(Quercus virginiana)
Chinquapin Oak(Quercus muehlenbergii)
Lacebark Elm(Lllmus parvifolia)
Cedar Elm(Ulmus crassifolia)
Allee Elm(Ulmus parvifolia 'Emer II')
Texas Ash(Fraxinus texensis)
White Ash(Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress(Taxodium distichum)
Bur Oak(Quercus macrocarpa)
Lacey Oak(Quercus laceyi)
Ornamental Trees:
Desert Willow(Chilopsis linearis)
Thornless Mesquite(
Mexican Plum(Prunus mexicana)
Redbud (Redbud sppJ
Yaupon Holly(Ilex vomitoria)
Possomhaw Holly(Ilex decidua)
Eastern Red Cedar(Juniperus virginiana)
Vitex(Vitex agnus)
Crape Myrtle(Lagerstroemia indica)
83
Res 19-23
Shrubs:
Abelia spp. (Abelia)
Cast Iron Plan(Aspidistra elatior)
Coral Beauty Cotoneaster(Cotoneaster dammeri)
Agarito (Mahonia trifoliolata)
American Beautyberry(Callicarpa Americana)
Apache Plume(Fallugia paradoxa)
Autumn Sage(Salvia greggii)
Dwarf Wax Myrtle(Myrica pussila)
Flame Acanthus(Anisacanthus wrightii)
Fragrant Sumac(Rhus aromatic)
Pale Leaf Yucca(Yucca pallida)
Red Yucca(Hesperaloe parviflora)
Smooth Sumac(Rhus glabra)
Texas Barberry(Mahonia swaseyi)
Texas Sage(Leucophyllum frutescens)
Turk's Cap(Malvaviscus drummondii)
Grasses:
Switchgrass(Panicum virgatum)
Big Bluestem(Andropogon gerardii)
Bushy Bluestem(Androphgon glomeratus)
Eastern Gamagrass(Tripsacum dactyloides)
Gulf Muhly(Muhlenbergia capillaris)
Indiangrass(Sorghastrum nutans)
Inland Seaoats(Chasmanthium latifolium)
Lindheimer Muhly(Muhlenbergia lindheimeri)
Little Bluestem(Schizachyrium scoparium)
84
Res 19-23
Perennials:
Black Eyed Susan(Rudbeckia hirta)
Blackfoot Daisy(Melampodium leucanthum)
Blue Mist Flower(Eupatorium greggii)
Butterfly Weed(Asclepias tuberosa)
Cardinal Flower(Lobelia cardinalis)
Coreopsis(Coreopsis lanceolata)
Fall Obedient Plant(Physostegia virginiana)
Four-nerve Daisy(Hymenoxys scaposa)
Fragrant Phlox(Phlox pilosa)
Cedar Sage(Salvia roemeriana)
Mealy Blue Sage(Salvia farinacea)
Prairie Verbena(Verbena bipinnatifida)
Purple Coneflower(Echinacea sppJ
Rockrose(Pavonia lasiopetala)
Ruellia(Ruellia sppJ
Scarlet Sage(Salvia coccinea)
Texas Lantana(Lantana horrida)
Winecup (Callirhoe involuncrata)
Yellow Columbine(Aquilegia spp.)
85
Res 19-23
Canopy Trees at Street/Lot:
Shumard Red Oak(Quercus shumardii)— Lacebark Elm(Lllmus parvifolia)
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86
Res 19-23
Texas Ash(Fraxinus texensis) Bur Oak(Quercus macrocarpa)
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Canopy Trees at Open Spaces: Ornamental Trees:
Bald Cypress(Taxodium distichum) Desert Willow(Chilopsis linearis)
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_-��'��ti '����������' �4� ��ii,��Y r�ii'r'�ia��,�`.
g7
Res 19-23
Thornless Mesquite Yaupon Holly(Ilex vomitoria)
;� �.;a..�
,-, - �" � �:� �
" ` � ���� ?����� �— 3�
k .4� y
� , 3 ��� %� � � .
� � 'a., n p �� .«* 4�� . � -y�yy r, :��v v s.:.. .` ., (�-�
_� - - � �, F�Y''f' . �" . -. �A _-� A�''���k.� �� .� �''��.
Y,p "'' s�' q+ �r r, � 'c . 5 .�"a°' ��
_ A�'x, �. 7"I�`7 �!�-, � �'*' � �t�•�" 'Yt�� '�r w`�
'� � �u
. � Y �.�.� �'�l � �c.. k � Z. "°��`�s`'� :� :fr
. �,r'��'°" � 3 -:�,- { � ,��,°���:z �.a'. 3,��t�
S
�, � � I •� �Y�f ��y 5'- b 4��y�
.S: � �� ` y� � �� "4
1a'� 'F� I
d �'�"
� � _ `�.r � '' „�w � ' F,;.
,— �— } � �� r�p� �'F�y:�.�'�
'�� _ . - . _ f9 � sb+i4.a�F�t�,r �.. _ � .'���
�� T3
Mexican Plum(Prunus mexicana) Possomhaw Holly(Ilex decidua)
s� �y�'��'�y � 1 i ,�'-. �t•��s:�¢ z:�
' '4 -J�'S� M14 S?l � I,� �� ��� :'-� �?
� � ?v x�.�2
�y u �'h� � '4., � F � z' r:.��;s.
�t �1. +�?� Tl �`Cr "� J� , '+�e�'� v f -'�,3:�,••�Y .:L�,�" �'c�•; '�
ti-v> w1 �� i� , u r��i �
-� i f�`•�.� � �. ~�, � �'�. ! � �f o- '� `� . . �7�;";;f�y�
rf�:',p,\'=,�'�a-� ��, -;a t�� `•�?ae�^•- `^."' . . ,
�y� i � � � .✓� h�'�...:�'-'. . �3-
�- - � �,F+`' , �r.� ..:�r'„ � � +'-�v _; sv
� �.� ��.� ' . .eR�S '- _ -x Yy Cy�
�'�?�" 's�c � �7�"-� f• ���'-"^4� w,1,_ S-�, , ~��
_' ��..� f ry^�r ~^`.���■ �� {�� .7.� i'� ?� L
\' � "" ,� r �•'.r�_h'. - -=;_-. .�
- ' _ _ . ,�';• �.�'�y'�' "�4�R -
� -- Y�: _ ..�. __s��_
- L._,i�� �'� __ �7'�_
" __ � �
� n����'�;r�
Redbud(Redbud sppJ Eastern Red Cedar(Juniperus virginiana)
� �:.
� �
�� C k\.. �R �.. y� a � y.
yy K �S
� � ,� E a��'!�.�a�p�* � '�� _ _ '_
I { L
�., - � �i - � T��
� \ : C% s X. �� .�c , , �
�1^ [1 . ��f ��.�'�
� n.� �� ��1 �i.. ( � _- Y � �qf � �`
j '�' « ��::
� �r ��~;�. F E�� , , :`--,� - ,�; �� ������
� _ . � ��, -��, . �` -��
�.-- �;� ,�r r` ��'�—� ` .� ; vs'�f� �''�� ���.
� t .� � P .,� ' ;�. �� i�,;.=�.#
:--� ..- :�V� '�{�.s.---� �, }`�-�� �'AF k � _ - ��T ��� .Sr'f�'3v �.,
� "��;r�� � � _ �t,, s �8 �� � �w-�s
�, r "f, �'��* —" ,�_� . . _- � =��.�" ,��,y� ?
-� -
, , : � :
` � ��
,� ` . � Y '��� "'�•�� �F
S� Y �S y. ,�' 3 ' "�
s ���_. ..'1���� (.-�-""� .
r'?_:•T�',� . . . _
80
Res 19-23
Vitex(Vitex agnus) Cast Iron Plan(Aspidistra elatior)
�,h4 � �r����t �-I'r'4
'�i l ,�b�� ;ah" ��`� �� �
z
� . � �� �fi 1� ��� � '`, `� i i
A�� '��� 'f�l ' . 1�1k 1 �P!�{�. tl f
L ]I' �..�e.2� �1: T 1 'i�R i �S�'� 4 i k l 4 �� [4���F'�
ir '� dr.` y �'4 .l.E�`�"
. �i`��� �;� . ,`! � :� ��; � d � l��l l�`' ..
'��s.�� �1.;'�5 +���R�1��bx:''���`� �� '%§ � `�1 y��, Y
� ��� :�, �' J r�.4 � ��'�" � � �. � �..,�
� "Yx .,;f�V E e - ,£ _ 's�t���� � '
:� 41+y�s �� � �y` 1� �,��
4: +,� 'F: �r� .}+i_�•F • ..e��'. 1.r n�. y y�
,, r .� T �
� a � `�`;�• �.��.,� � �; w
a "'€ k A � �'{ �� °w.
•4" §• ' � •� '• •, .: , 4. � ) .�
+ /
,c*, 5� ,�{1T . ''�.} +F.T'.. j ..' J Y ! ..� �k �'ke ..
` � "' j4._ fl��+{ �y... 6'.�hR Y �y � fd!M� ..•.0( ry, � c�/ w�i t k
� ��' '1�� 4 x S i k �x b � � .�" �
.' , '' .�i �.'�.�'s� �;�'��+,�s 'k �„ ;,' t a s��c�r�,�� ,�, rw
_ � �..-_�— '�- -- `�i � x.,��n'" ,�+ �'��f�w x a5 ��'3F' ✓,�
.ti� �a Ai ... .. .,��.A i rwr,YS`+F�^'�.�!'�d.�k��``" +k q.
' _. .. _. y . . , , .�
Crape Myrtle(Lagerstroemia indica) Coral Beauty Cotoneaster(Cotoneaster dammeri)
���� .'F. / �Y'� r K' �T�a ,�'tiP /
�� � `� �!l Y h �,4 •-��� . '�l� � a.t ' ��
.a� Y � , w.
y¢ � �J ., y'r � ' � � ���,1
��k�+.,�':� "i;� '� ��". ~yh � ,�6,7r
�6 .. � s,�� �� ,� a yJ�� l r•�.
�+�'' y�[ � °� �,rf -r.
'"�15e ��-- � _ � ��' �'A3s T r ��y f,�•�y 4d �' �.• .
� �' � �:'�' Y '�'k�. n�'•�A'"+c--e�r � �,S"'.., '�`��,�`K` 1.�y7.�
�� .^�� �� F}�� , v ,�„"�3. '� • =.,� ,��'�a �
C .Z '.€r `j''.� e\ ��4'��
l :ti yR. �.. y�l� y.
I �
� 1�� � W( r •7' ••• l� •��y•r��^ '!�`hS !. "
�.,�, �r :�1 ,�a'..:'}�t' �^rs �.�,w -
RPM d - . . , ., e.'� . �i� � r � .�. ' �' � •4 k
� a re'. �'' ; . f� s � k �,f' �<a;�` �'���a��
a S�•���� Fi:-
.� . '� � .`�,�- .�::� .��''..�d `.'�,�3= ' •�a'�`�'���.i`�,�'s.5��j�Te��t _
� � .,K :& •�i ��•3 �Ly�,� '��n,�"•�
— � .. ��.�,�-y � �J ' f.. �• �'!ka�.�K':l�',��.. z•
Y1��-, • 'i e• � n��,t ^r.i 3 .�
_�, ` � �5i:.Fr. ��"�����5��.��.'4y.�`•e q- . `::'� �r
�aV:�.�t.�(i:�'�Y'�;':i. „ . ,. � }
Shrubs:
Abelia spp. (Abelia) Agarito (Mahonia trifoliolata)
, , , , , , f+ , �� ��: i y . ��
x� x rr i � � .���'T .+
��,"�d' .`':'{k�'f}r ��r �ti� � Y�MX�h..� y i�, sJ r��' •� k� • ��_ � i,,•
r� J' ���� �� }�� ��i'� ��� t* �. .��� .'Ik��"r y��.�r '�.
'�'�1 .' S .�` '�e�iw�•��y. ^ , �3� �r: .'��..� S._ .�y� �'f�� `�
��i� � �� . a , � s �� i �. ��
� N x,, ` ,�':r �*
..��,`;q,��; � •.����,. �,i�, - h�{!k�,, .y� -��, * � . . - i �, R `?� .�,�{.
+y��P��A''�j-i�hK�y dL��,a e�.�,��+�u ,..'!F�M '� ly{S.�i.. ��.. �j � . ��Y���F � i ��I
��e '' .�� �,; �'�r�� �r. .� ' .�• � � � � �;
.�s � w ,hi, �°'�"�'"-`}R'�` i�ti� k , �, r �, � � ' ��k* p ��.{'i�
� �y a�'�-�` � ��� { <5 �; t�r ' , + • ti . � ,�� J.
, � � c �;t
,���K" , �,.i�� �t��g,F'• r .� �� �,* h�A,�'?�Lj, "".�ti ��.C �{- ■ F��t.,�h. •3..
�h . � 4FM ti(' �r9 �y�
Y . y d r"ii�a �}:. '�,i� .�� � `i;�"4i��. .�`"T�'+. �i � �• 'd' 1
' .�4 .rF W .. ��._! � Y r = ^ ���`�
i, �� � `�.4" . �if. � ' ��dw� ,rr*4+�:. :�1' �
, �. ��.�?�`���•����t.W�y;'h,�� .jui�'�r�,Nr��y,t��,� �� "`k . ; �� �»� ` �y�.
� M,��� 'Y 4r .�` C ��R'yr�-�r. ,fi�i`��fN f� : �'�1'I '. 'dw��,.��'1•�.l�;-'+ KT��j���
���k, �` � � 1� .� . :.��• •.7
� �Y
�'"�'"�`.�+d^ t~�� ; � w,r �� ,.a'� &.,'�i;> 1�rt����.�r �;�
� �,� �., r�nR� , � y� c
��ti � . . . :4 .r1 ,s..�a�� _ Y� ..r.4, ..t
g9
Res 19-23
American Beautyberry(Callicarpa Americana) Dwarf Wax Myrtle(Myrica pussila)
� + � ` � � � ��� �� �`Y`.�.k �� .�: Y� ��'� � .:/.,
� �a �. �e,aH, � s �� ',Y,�'�c
} q 7 ,Y�� 4 {����} �. �'� S� �� ����
.... �� � ��I' ��p�� .� 7;' �r ��i�� ' � ��� � A^��
_. f
. ' x� F b� 1� ��- $,i
� ,�r r� �h �� x � .,.' '�� ,( �.�.:
9 �g � � • � � � t� 1 � .�t � � �j `
y�'r � � � � `` � � �� ,.��� � �
� �
f ��S,$. �� � . .'� � ' .- �'� � Rq ._ yi
� E`9j '*�y,g��i ' �� � � •. ... � �x�e �{1,
,�.,�� y f ,R}:Y�'� �y ��� ' '�y �l� k�� A '
�� ,, � _ , �:.
4�r ���,,. � �pg�.�r � ��'a,�� �
.
n `�! - ' 4 v� � ,,, .
r.i�,� E � .�:.: �...�tv i �w .
� A �� • n��� �i i � �t'�j °�J � '
.���;' � �y�'�`�k , p ��.�� .i �,� ��: ,.,,�,�-
:7�%� '�..�i 9�TAg.�°�.�� tf'�g'�"s; .. 2lRr• df �1a f� y„
,' I . i +i? 4�'� qy,t �� �.�� �*'€_�;��;.�
�_x•:.- . .:., , �� . . .. _ -
, ' �
... . ..: . _ .
,�,, .,.. . ��,r ,... . � t -',,:;>.� .r. ,i.s .:'M.;:.� :.�,� �/. ._ ..��.x, ��-:
Apache Plume(Fallugia paradoxa) Flame Acanthus(Anisacanthus wrightii)
.�. _, ��.' - ; �'� �� .. 9{., ]
l •"I 1� 4�'.� 1 � :"�..,��/`� �'
;�'t. `; ;`1 +�� '��4 �� ?i� },� �� '�'�4`��} ��f �
����Y , Y�.�F/ 1 �.'�. 'ly'�/' 1. � S 1- ..y .�' k �f_
F Rf"� :� ;"� �yr y l�y� ��` ;� ���74:,;m � `. . ', .�y�.�'�b ,, ` '� � �1'.n� �'�! -, .�
?.' t S � �t� ,(�,� '-�� r ,a ' � �.. •�. , 'r"••�snA ,�'W l�����,
� . 4��' .� ti. /L g �i i"�i f �, � ,l A s .,. ,,�r � ��.T�
`�} ��? . .... . - ': ,�,,y ,�
+ 1 �.�+ �����x . �fi'�,r . � Jw.�.�r'� F.1 '=� ,Y'} �� �: .:�'���,y.f`r";� J
, ' ,� t � � _ •YI. t �,'- •.� � A�+'�' •�
�+` � ��y�'a' ""I t T:�" r � � ,,. ��t �,- r.. ' � •`�`;.�[�f•.�••�
�Jf� .i.��, .�f�'�f",t„�{�y. � ��;� 1 � �y � {+��. .', �•�•�,' 14a".R, a'�L� '�r�..( �} 1��'�-r�
�.� ,� {` J.:�� .�{��' r �j{ 1- -t . . ^ Y� �¢r ` � 3����yM�
,�I �,�.y. '�'��'���'Y r!f p�' �, Y�`ln�< � .�Yl�i�'" •i�}.+�A� ,'� �r�r � ■
9�� �� 4�_ '!�� �..,� �f2 !��.. .. F ..'7•"'��•., . r , �;�c���'�� •! +��. .Ti�• � ..�f
c� . �.l - � , �. � ' � � �I� a� � ��.v
n��t}� 1 � y ° "�Y � t' . ��� 1*, {��� •�► �f 4' i"�. r.[� •
�S?�� . n+ Y; ��jj� � .'., .c ��r` •�i.'�•
�'C:^�x; ?''�i�"�. .. .�i ?...�.,f���:- Y,;'t����e� ? � ` ��.�i°�r�f��d $s'�r.����'��y�` ��f�C
�}t.. . �I •!' ' rra �, .ss' �r+
Autumn Sage(Salvia greggii) Fragrant Sumac(Rhus aromatic)
'.`�'� � .,�- ' ,� .
` �� f � T�.��, s ,.,�,�: � d �.,.
t .,, ?, /�, +�. .�'�'- r,� S � � �
� i h �'..hAY �1 ;'�Y F" `�, �.S
'��•r��i a f.�h1��r ��� .eq`i� .. ��� ��`���`��,�s.,�,d'�,.�,��� �"�'
, h { +1 1;�
.-��� . t ' i'fE r }w�� � ,;� ,��- ^�'r::s�: . .,! ��.� e'r�
i �y � _',•,,y . � ��
�,,�!y �_�TS ,..� +�S . .�,� .`w`F�.•�;�rr ��r.����}', u�� � ,. � fi-
m�qvr. ������S + ;. l�.�,�;�,f � �' 41,, �ik.`J;�` � �.��' � � ;�:
�� „�� ,.{.��, `y � �{ J � ~` '�, ��
' � aq r �' �;� r; � t T14 ,�r '�'�� ._ �. .
r�� �,N • '�,�ro�;+ �}..r� �,' ;I�� �,•�.. � � ��,�' �`,�'" n�', _
.�, � .4t S �f •1r x j ' ,y'� 4 i �3.e�;'i1L � k `?,' S �,wk "4� . .
-�L d � i� '��.,T„ f i .I 'y.� ri ..� � ;�,,�� �j,i`'� . �v..� k�. : '
,s � +,�? �����6� �,i `���` � i � '►v � ���+"�"� ,�,.I_".�r'Z"s y,"�.�,_� .7ir 4k��:,����`"�
'���.Y_ � ' ,�.��+'y��y5 r, ,(��� �, �i��,�� "�� � '�F��.i:�?M,��g.:.,_r�'.��'� `�� ..-
ti�' �R ,.'�' r�g Y-y.�}-�Y +�..� �:h�s� . - .- . � .au-,.�'n
yyy��1 �x r /
� ��������.. a t����`. . � ^ , .
t� 1Y ��+�� . . � ,
✓;�'. •1 µl k a\��i� t�'Y / �� - . ' ., .. _. � . A.�W�"�e.��;' �
. .. .�� .. _..�.. .. ...T" �'J�:�.'�; .. . . . ....�.. 1{!�'�� , .. . �AV\��Y�.
9�
Res 19-23
Pale Leaf Yucca(Yucca pallida) Texas Barberry(Mahonia swaseyi)
�� T�, -' - i� �'�� �.�5 ;"�`
• �.,-.A� 4 .. y� i =�'L'���. ,z b;.� �tit5
_. �R ���S�;� k � iLnK l �ir
�N� �.� -•�.-• Pi+"'• � � -�
' r�� � �: - r�'�}�' �� .��i'�:� -:! ��� '�s �'�`-��'�.`�+� �.,,,k , -
!,' ` , A � ��-'�� 1�;. `� V� � „���i�-��' ��Y.'"�-
r � ' ����f� I/� :�• ����� ..�,:. ,�: � �k� _;,Y J'� � �.r�—
i�# •y � ��� �� �
` � ����■����,�;,��,, ;� �F� : ] t �... �,:
_ s• � f,. ����� ,{Yt{i f`ti 1 d'y ��� ' � �' -t�"� j't
��"� y��Y:�d��� �,;' „ ��4 ���R�� "e�``�� � :a.. �{f:v
� E �'
Y'�Ii'��k,'".�r��'1 `_����+ �1 ,r���'��{� � �� �� ���t-�
��• � �A��T r.�..,W���(F,� ��4� 1{��9 .li x ti._-
- .'i' •F.x�•5 r � -- �`�����
1��� �' + �'� � ��, ' .. a „ :?,.� :;:�
i� *��.' � _ �r �1. �� �
y � f� i�r , , ,;'�' ' -��.'-
� . ,
���,(� , � ,p
.•.}I !-.,/. ��riJ?i��i�����tx,1 1L .r� .1 ��; A .� .... �x ..._. _x=. J�:. "'i��'.y�j�
Red Yucca(Hesperaloe parviflora) Texas Sage(Leucophyllum frutescens)
. . �.�::;�,' 1 �r. - '�-� F-
Ll 1M�1 �.� �?1F���`�,�F ' ` �'a .1,�' ,�y o `��rf�s:'`•
�- ,p , !�+r „ '�. !� -��' .� �-�
� �y +��� 'r'''P�a'�,� r����' ' �;'�'�
� r f�
i . � � � i-r ���'� �����Fy!�
� �,' '� . �
�
' i . ' �r +�� � r'-r1�,`r .� -,.,� � -=�
{ �r
[� S.�lf r�� '� ����'.1• � .
�,���i(��'�� '��Y . '"��}t� `� � �' ��
y, ..1�•�P� d.�"� l.. .....
;tx,�:f ,1i. 1 . -. y,.y�d `"4- � .
6 ..��� �• } i __ �� iR�r � .i.'
} 1. ��r ,�A Yi'• 'f � y � �.- fi� �'. _ _
..�µ,. . j,��r�J �' .:'r�.� +� % � � - �.
� _ ^ �f�!r•r., s � �"'' ._. , r .�`� ..��" ,
�'.��}�' �� - �'�:�` t�'� s : ���A
.t , �'�. !�.
�+r� -�'� .0� k �_.' �� ;�rX.
• - _ " �,� ;:r• R-
Smooth Sumac(Rhus glabra) Turk's Cap(Malvaviscus drummondii)
,. . � � .- :
= r�...� -.. .:. '�` � 7
�: . �' 'r �� 3-+ ,7�
• ."y- �!..3•� ,��,p. . �w..� �i yr' � �y. a �.s
- �'� r"'S��.''...,�,� 's.-.di �.:.�.� � ���,�{ ���_•
, � ^� �r�r`. .:�' 's�'i�, ` . '.. :i:^.: ..•�.
- ����°'',��. ���.'.:: : .�S` � -'' -.� � � � . �'=`r'�; �� �� '-:
..�� . . 'f�� �r-'�^�.. �6•
r•-
�r�Y� . .� .. � � `' fp, y ,.,J��� •� �p�:iF�,+� � e� �; ���f'�.y�.i,tT- F� "ti t I�r�y� �
E.. . •.,f f'.C';'s �•Y'�, 'b:R. '' i � . . ''��r� F� �� Y•"�A�`�+�!p�"
�'��. - -. ::-�'. �0'-�' ' . ...':'ii.' '�. � A� ..'ti k`'1�
`�'.' y 1' w.y' �� `�� ���' � :f?i .�'1- ':�'�z..
� r� , - � ��� _ � •°.. `�'���� '` -
;;�.�- - �:��. � .,.r ,
, �,�,�.� . ���;; v;.�. - :�,_,.. �., �.
.� �. ���� �i��{,,. F�� :� �:: � ��.`;
��' �f �-y'i-i;. ;�r�.•� .e� r -� .-la^'?� �, � �-�.~���i�ti.� +�.
�' � t�. �� .x:�. � ,.,� "�'f � . �
�n ,6�:t' i:�t�; ��' ' �.' ;,i.}r `o'.��•..�S. r������� � �, �.5,; -
'�N��,$L r_�l`��+��� .' '� � �.�(;��` ik .Y. r7•S
3�.�F ` � f �'L �.' ! � d
.�,,,,��F'• ��.. E�t�+R _� _ � �����'�
1, ,� �: - • ,�
f ��. ��. .�.,y- � � y� '� �. '` ��,-:
�yv^�r�b� ;r� .. .rf� 'j►i'I��eY- �� �,�j.<.��.�. .��� r++. �.>t
•'\ . f i� 4. "� �r�7'M � �r x� i.� .
t.�- . y. .� �� .. � �,�i!�� S� '�. ��..�y�^ 7 +�r ..1�v,�''.
�: � d • ,t.. . � '
- � ��'�'�k..� �r'� _ #7�:r.'� r � H��1C �.
�� � 'c,' ti' r�" .`.�Cl; '" i f
� r r '�. - a. � ��'�'� L{a r, +
,, ��i: �� F.
�* `���•, � �t �'
�w1A';��'� . "':'�. �7�.,+- .�� ' , s � ., . . ,
91
Res 19-23
Grasses:
Switchgrass(Panicum virgatum) Eastern Gamagrass(Tripsacum dactyloides)
, � ,; �:
i � � �: ' . .
�I . � +I �` r��' �..��
t�F��' �Ai i'f 5• .•3 �lc.� I ' � '3 � W��~
.��ij� . �� . . . � � •�i:�5;�� � ' � � F ,�
;. -� 11 ��',� ''���•� �." `
_ � �x��. ���� - }�
. ..i:i� . ' . . ''x„ `��` f F ,i� ���'y�r. ��;•S� ��� i
is '�' �i.� - •:�'.�! y„ -r �.
��,�� "�' ;,.�� � � r �`•��
. . � . '4���.`•.'''.�:o,:., �+����` .. ..- �y 1 ,�.����..��,',:r�', .�'
. %�'� �i .�:�� r 7
� .. �_ �-.g• '� ,. �,��'�' �,�l;.. � � .� � -.�J� .�r.k �y���$ -
� '�i{ ' i
; •� � ,..r � �;� �f- ._'` 11�� �
�,.-:�; �- ;- �� � r ., ��a
:: :,ti,. ,� ;�► '`�` �
'"° _ � �,, a ti�, .
�'� :;�; � �'� E r ��'- �
�} � � ��` ����
• _..�. 7 �.,; t�9� E f � , . �
..1.�,�. . . 1- - �i1`�'�
- :��� • I�Ji� '�F i;A� i �
-!os��.',f �, ?�:'.s �
_ '"x= -- �1;� .'v • �� ��i.,�,1�,�'��--��_����
Big Bluestem(Andropogon gerardii) Gulf Muhly(Muhlenbergia capiUaris)
�� i�� � � _
t+�io „' �... -., �� ;
F �.i[-.J� �r .+'
�.iY�'��Z'�r.il+ .�� •'.r'�� -� �t� �� ���'YhYc�r ��- ..:,;�,'r':
1 �:ti1 �. � y� ': f �li 'b'�a. ' � � rl t e
A����}` �i S F�4� .i; ����
-• � . �. +.� � � _ ���`�' Ji�,.K
, I' . 4 S`� � �. . � . i
! ;�`�� ` � . {I . �r! � ) ,. . �j � �
����+��I I� � � ' 1• F + ��i V� ni .�R.-� _
1 �_
/l 1 9
'�� �'��i��l i������'i? .i �II��!` �•' _ �`'.r � R� � �� _
� . ., S �: � j�i . . . ki'� b,-s1e r�, .:..�""�,���/ f�" �
I� . � �i�f� . . , � � ���
�in�r/.�S�lC" :�l'i��,,,y�. ' ��;- f/k' �� __
� ��►yl��. .s�l��ti� W1�n••.. .�.: 5 . ' �� �f���� � _ w�
�3.1 _ '�;k,"a,�ix4•'�:e�y l��,. � ��; ! ,,
� �l�,� �+A�•�?�Y"nb•+s„� .�6' v .� I- 1'
��;� , ���jr�ti��.�F�4'S'��.. A��3"r 4� " 9���+.�ry� �r�,l4r,�} �-.:;.
i J
,��'y t'� .. . . ., .. r. . 'd� . , i �� �...�1._. , . :a1.Pf.".
Bushy Bluestem(Androphgon glomeratus) Indiangrass(Sorghastrum nutans)
�� �` � � ,;.,�_ ,�� ;�; ,r; � ,;,; 1 6
1 t �� � , ;
o"�`'_ '�i� � � ��,i ' �s � � / �;+ ;��
, �` + �. �����i� § �_��,;��'�3 �+._�����4 � _�fi# rJ`
�� .�� � �_� - :-'i ;f : .��5 -'�'� � 14��
*�� �� � � �M "� .�� r�:,Q »� �r3 � j - ! ' t �: {i� ��' � �;
'+`_yj,''P� -.q� �`'� _"�.� _•� �. ..# .�S 7��{ - f ��' i
��� r � �y•:- ��'��. Y- �.. �� '�i'� . ' � '7 r �.�I�t�
4 ��`� ti � , 4, 'i � �,
�J;
_` �V4i ���`� � �. :} ^J+;} � i ��fla�+i �r}x��f� �' i`� ;{ii� p,
` � �#� � � �%�' -, i 1, � ,� E�i � i t�tn i -r'i.
� �C,. �:•' {!� 4�� � �1ti� }�51:._� E f ��F= IFii i i� .. : lt" ��.I
,� a �� yr A+� . .�# � i }�k �4 r ]� i f��.� 1{k � i-4
,���= k� , �� �
k�F ; ��''` �` 1 , � k rf a i:'�� �� ; ��,� ��, <.i.,.
�R'�'1 �,lhl_T v �li�+�-�-�`r / �_ �s�1y.y` �t'�`I'r�� --+i E_�{ i3�S � �� �`yt �-. .,i �
f i��i . - ,# f i/s-ti� �- f e�i � .� �ih s}-- � i t l,'�F� �;'s�{ii-i�9�3�;'��s . . 4s��+ � f���.��
f_ '�f {�i''h � -i .� "�ed�t��d,"w� 'k i'r,�{� ,� - � , ; � ��'�� °°.y�5 F f�:
�J� "� i�" �� �" r ,�°f�• �fi 1���'r��� }�� � �! � .�`� '
-E..,� -�' 1��'��� F'� � _� t� ���:��`�y fi . 3 {..k�� � {���e3�:S3 ;
iA 1�' -6� �,'. .��� �t�+l � ,'� ' � lr s� __ � _ � i?['1 -i
J:`^-T - �' AF`}i,'.��� �.� � '� _ 1� �.�li�"��p `- : � Ee�k .
li ��� . .-�d� v- w� } �\�,�:_;�.�` � e� �il�,� .it s -�q $ ;�:i�f
� a � i= _�5._. P+. �t- 1^�� i i- ` x
.-:\!.q.�ii.�1° .$'rc. - . ....,.. . _�, r..'s3;4'
92
Res 19-23
Perennials
Inland Seaoats(Chasmanthium latifolium) Black Eyed Susan(Rudbeckia hirta)
N .�r��� � • �� ., • ' - ��
. •� .' '�A 1T��� '��y��y,"' '�, ��r++ �'� "k�1� r
.!� .14�E}I�i+ ���.m .��Y�� i �
rf µvr �
�t• tlY r Y�^l , :, yi;�'rl�' h .
.���� .y,�[y�}�� 1� �y ��� �
`u• '`'Y.� ��`71�r�+;• j`,�'�.T' - :�L'., ,
�±. +�,f._. .�.-r` .. '�}� '�i1 sr• '� . -+ia- .$..=:
''1[ '-��t ��w �, ,7 � �5���� . �� ,_�"
•� �! � r,1 �. .�� i'"• l 1�
_�a.�[�. ��� �.��i�;��'��}; ��R� "1���-� � � '�� �- "�+ �
�� r� .'�'�� i r
y��� C�'� �'.�'��t : ��. •��'�� • =6� �
�� �` ��'�'"k ;ec �� '-:�.���_ �'S � �
..a���,� :,� � . .. r t
�{►�.,;� � �►�����-'�. ; � .�4
-.��:�.M1,� � -,� _
��';��'d3� �:�, � �!� �y,� � _
�. �=` +,'<. �,�. �;^,;� �' - �, �
�,. �.�i2%.. :y r i7 n � r� :y+�+'4, —++ `�
�.��+��a.�'i�.�. , �`�•�Lr.:1����~' ;.�+'�� r _.
Lindheimer Muhly(Muhlenbergia lindheimeri) Blackfoot Daisy(Melampodium leucanthum)
�,� °��� ' �r ,� _ ,�� Ti
�,1 �4�,�`�h� � .i�'' !" 7%��� �. *'�'w ?�,
",."' � �� -�-� {" .:�
, ,; �p�''".��`��^� .,
- a .' ;�,
• � �.; s�.� �, ,}
_ r r � ��� . = l�J �i������y ��• -.•+1
,,.��� oi�:�� ,��`s �'� " ���,1�: �i.
� `';�-�, *a,�, ��'�".•�� ;� ? , �. �-
�.-:; ..�`�'��°'�_.3_> 4 � � • �, 't �" �•- ��.'��
� � �,�}� •,�.M �L
� " $ � `� �' � . � ' � ��F t� �k�?
.. .e # '�� �"""t�
'%��� r � j�'� b �' �, `s r� ��''�' 't-A'1�.,.�[ �i, ,� �Y
� ��,�. t `i K j�i � � � �
��'.�' �x� _ �� ��`� � �� �(�p �j'Y _:��,��[ .',�� � . .
�i�y,�;J ri����. �$ ' . 'u {y��. �', ��.�'~- �,'�r ' � " 5�-.
e:,-t...4wY" ..-.,�.:T:j ,�. .... ' : .. ':`- ' P� �.'� .:e .r'"'�'—�.�.. . ..... . . . �. . �2
—,.:�'W:. �.. ... ._ � ,. .
Little Bluestem(Schizachyrium scoparium) Blue Mist Flower(Eupatorium greggii)
,,-�y 5 °,;r�^ ,,e cr; � � � .��. - ,.,, •
�t � $'; � p � '"r, �{
°�,;�; z.+� � �'5����°S ffs'���� +�� "
I �'.. P. � "r
��` � � r � � /{ z
� s r, y,.- j. F �.�yd � 1 � c�•
F ,,.� �;� . r ,��� ��7 +�,�a;f. , .
; � s ..
,, � a°��1 `` ��, � ��� '�,' � . :3t�..
k '�;Y�� �' ��ry � u i i
t �� � t�, �t ,c� � I �{ 'f� �a��y '��l
� � S 1i ./ I..
�� it1���� .�`' l/ 4 'J . ' .
.�'s ��4 � iR` k`l��d� ���" � � �-i��,r �a.y[ � • � �}• �
�,� �.��.� k `S1 4 F� � '� � N.��f+ � ),�., :1'a� .�,1• ��
�� y, ,� �� t ��� � � `f r > � ~ � ,
a 1,a�, �h��.. �*0 ��,5 , ti��y � �� r� " � `• : l
.ti �t�� �� 4 i r: r;� � �w ro�r � � ���r
� ` �1� � . �? •� n����
�� � i :.; {� 7.fs� 3, 9 �
a:- �
I 7
; . � ��1 � �' } +M iy i ��7 �' '. ���,{� �',
' �4\�^��t� �� S � 'S}.�� /t fq _ �5
1�� �\� � � � ��.� � s! �y sI ���.�.s��4 'y,�� � x'� 1 � �
Y � f I'.� 1�{ ��r , S4j A��.iq�
� . .� � ` � '+ r '� / A'�tt� n' � V '� , �.a'� � `'4
� m � � �� ?rt�, '� ;; ':` : ' } ,
��:.'�� N •r�• • '�1' � . � --rl
� �� X€��`� � �}' fi� .
{ ,"I ,:L•' �k'•
,�' �, , �,r��� d , i q•r",i'
� / . � r`�.��_ �gx�� ,�„1`� ,
+p�,�',��r. �
93
Res 19-23
Butterfly Weed(Asdepias titiberosa) Fall Obedient Plant(Physostegia virginiana)
,.`'.:�_ :�H,,y :��.i;;.=-. %:�.�¢ � j.� '� � '�!�
..;��-.4.*r �� `.' • ,i' ��es°:'z..r;� �l� Q ��
ti� � Y�
+ �. i:F�r� ' " ;_ 4 ! tl
r`� �, � +�
�',fi'-�- - ��;-F. V��► � • ' � ' � �-�� . ,l�•�
�'r".,��l��, .��.� � � � w � 1� �r
.:�'i ,f - -:�` -�'`�� ) .Y�'� � t
" . , �;�: `�, ��.. �'•'�"i �Vt ' i �' ��
._��' Y: , :�� ��, �..�., , �
� '. - % tiw •`:;�• � t�Y•a� �• �:�,
' � ��;'�'a�... . . y 5.�. � °,� .�i�. �.
J 4���rxs...�.;�.. � �'�-^� • �- , ' _
` g.�:- � �.= °''��r— 1�,, • ��r' .fi ,j.
i�.�- ,�,;�,_, �:,�.� ,�,,. - ''' _ . . � �.,
�'�-� •^,�.-,. � ��'j`t� '�:J� ` �� Y�
�. ���' � ��'t� • �
rw � � :f �,�...�.. ��.y:. ��.. n �, r �
.. .
-.�, ..�' :'�!`��r y�.� �. .. ..�� � . . •
�.� �- -,y�;: :`� s�'°.} , ,�'�,� .
�� �. `� � ��'_� � `� �7 J'�.
,' '�
� -:� _ ,�� i��� ��� �a �.�e �Il�i�1i.�!�.�—,� .
.
Cardinal Flower(Lobelia cardinalis) Four-nerve Daisy(Hymenoxys scaposa)
��,�� �� a;� x�r�.� - �.�_� �� ,� :w. 'y�-r,�
F i�r • �����
�E�{ �t��� � "�i' •1��.''�
i,ti;, r� �' � '�.
' ' y� �. � _ .. ' . � .
'. ,' -.'r'� �• r• .r.•` , ' .�-
. , �,.�" .�; .::r I � �
, � ,�y
6. 1.'� +S ���� ��� M ' , y_ '1 � � .
� ��t �°� � '€.:: ' � "� ' � � �
Y 1
F4'i� ,�Y ¢ _ '^Y� r�s� ��� f'�S • }� ^ ' a. F 1
�� � y�-R:. �� ; ��
�y� 5 � �,�:.- Si �� '�r ••��-'� �•���tF��'�l"��'��.
�s.:���, �} - _ —_i'����i � { �y�,Y 'Y�•.., e ,� r yp�Ct{
'� �, i� ra+k�, 1F` .� �"�F� . ��. r '�. '.w�s-
� '/"��r .��`` "F ,��' i 1t s .`k ��� r'_ + s.l: � �n� e ■
S` -�" �.a ��' '`�` <�'�'G , E r:'V�°� {
�:'�4 ,�-. �i "'! y`��a�,,-2 . �� r�� k� �.�:i
#� � �*�•`�r.+'.y.`; . �4,1 �!' e I� n �* � :'." �7��L�� , wa.��•����''-'r�
'��_ e1l � '�.—' �'t��� s�,�,! w, �sFy'��r�'���n s.�y�'f�4��+r. .`'_��," R',.�'r:�
�.� _ a �'�.� -T �..rj�� .[, .s�•�f•{�i+ s ' . Y;'-� T
E� � �,� ���, � . � C� � ���� �� T�• 'M ,�Y��L.
. ..� L�.i•� - � ��. .. n\�'.. � .,, :Jfi�� �ai' �, � ' �A,��; ��,'A,
Coreopsis(Coreopsis lanceolata) Fragrant Phlox (Phlox pilosa)
� �fi. --. � - . , ,� .
. 1 �t �•: Y �..
, , . ,.��.�;`.,��^.�..� ,.�.
.� y:;�r , �
F�.. ; f�. q-. �
1, - .�; . :.:;�..'�.� e� ,s, ti.;�_.^,;:
� � �i � . ,.�� �E p,�7.i . '.�' -
' _'i,,:�r.�i� - �C" � i;,ti�,::.
� �; ���.�;�� ,- , ��� , �, � .`�,
•}. �. ���• `g:.W,'�- (�� ��• � '� .•�'� `��,�'-�a
� •�,����:�� �. x �=
, ,ilL.,.
, � ` ��,�,• ,:' �, � -. -
1 I , ' ; :� �
.•3��q{'� �. R� C `�x: ��
� / � '�q'!.. y F� `�.,' '�� ~�� �.
T H '+ - _ . ' r- S
`� . � ,:,'af+. � .• ., .Y• .•�►�.�.
.w 1, ,e. . � 'ny��'-9;°�� - � �R���
- Y.� �- ��''_
, a ��� - �., ,�
• � �y. �fio-�rcr:: �w��' .
94
Res 19-23
Cedar Sage (Salvirz roemeriana) Purple Coneflower(Echinacea sppJ
'�.^.� .C r�l ���; �Ji'1f'' ��� ��*���
,.��;-`.�'� -�'���� ,� r.� �• I ' � � �.
t� ,yr. i' • ��� . � .- * ,�
�� 1 � �.
��t'F';:�w� �'•�. .i'I!��Y�'�.�f+•:al� ' �
K�P�. '�: ��: �,�_,,s ��..`��' � ��'��p�4 �'' -; �<� �
I L . �j'�� . Y 'i �1�r y' ,�� �
r � �' ���i r F ~.�
�': ;`;3�� ' y� . � . =*;�I.a ' � ��-
•;,, !% y� �r.s 1 ��
y�n"'"+'; � •'kI''�^V'' r•S"}F •',' ' � } � �
v yr��.'�,�• �_ �. A?',f�ey�`��.• ���� + ~ I � � t_��
. T";f I � �.;� 7 .
� � ��� _5 ', �wJ �- !. ► ,�,_�
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Res 19-23
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96
Res 19-23
Westlake Town Council
T H E T D W N 0 F
TYPE OF ACTION W E S T L A K E
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Consider approval of a Resolution approving the 2019 Development
Review Calendar and Submittal Policy
STAFF Co1vTACT: Ron Ruthven, Director of Planning and Development
Strategic Alignment
� �
i i � . � . .: . ' • � �
High Quality Planning, Design &
Planned/Responsible Cirizen, Student& Development-We are a desirable well preserve Desirability
Development Stakeholder Planned, high-quality community that &Quality of Life
is disringuished by exemplary design
standards.
�
Outside the Scope of Identified Strategic Initiatives
Time Line- Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In light of recent legislation approved by the Texas Legislature, the purpose of this item is to
provide a clear expectation to the development community regarding the Town's existing
requirements for new development applications. Staff began publishing the development review
calendar several years ago as an administrative policy in order to provide more consistency and
organization to the development review process. Since then, the calendar has been available on
the Town's web page and distributed at meetings with potential developers.
Specifically in response to House Bill 3167, approved by the Texas Legislature this year (further
detailed in the work session portion of this packet and effective on September 1, 2019), staff
Page 1 of 2
proposes a more formal, Council approved, adoption of the calendar and the policy as an interim
measure in order to provide a clear expectation of the development review timelines and process
that is approved as a resolution.
Given the issues related to HB 3167, staff may soon bring forward potential regulatory
amendments that may further address the development review process.
SUMMARY AND RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Resolution containing the 2019 Development Review Calendar and Submittal Policy
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION 19-24
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING THE 2019 DEVELOPMENT REVIEW CALENDAR AND
SUBMITTAL POLICY
WHEREAS, the Town is a duly created and validly existing Type A General Law
Municipality, created under the laws of the State of TeXas, including particularly, but not by way
of limitation, Chapter 51, Texas Local Government Code ("LGC"); and
WHEREAS, the Town of Westlake seeks to ensure that new development is consistent
with the Town's vision as further described and detailed in the Town's adopted plans, policies
and regulations; and,
WHEREAS, Chapter 26-Community Development, Chapter 62-Planning and Chapter
102-Zoning in the Town of Westlake Code of Ordinances provide specific requirements for
development applications in order to ensure that the application is complete and meets said
regulatory requirements; and
WHEREAS, The Town of Westlake Code of Ordinances charges Town of Westlake
staff with the responsibility to ensure that development applications are complete and properly
organized prior to administrative final approval where applicable, and prior to scheduling a
development request for legislative consideration before the Planning and Zoning Commission
and/or the Town Council; and
WHEREAS, pursuant LGC § 212.002, the Town may adopt rules governing plats and
development plans within its boundaries to promote the health, safety, morals, or general welfare
of the Town and the safe, orderly, and healthful development of the Town; and
WHEREAS, the formal adoption of the 2019 Development Review Calendar and
Submittal Policy seeks to reinforce the Town's expectation that future development requests are
properly organized and complete and, therefore, processed and reviewed in an efficient and
effective manner; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
Resolution 19-24
Page 1 of 2
SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves
the 2019 Development Review Calendar and Submittal Policy attached hereto as Exhibit "A".
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26r" DAY OF AUGUST, 2019.
Laura Wheat, Mayor
ATTEST:
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
Stan Lowry, Town Attorney
Resolution 19-24
Page 2 of 2
Town of Westlake This calendar and submittal policy is applicable to all development related requests
Planning and Development Department that require the review of Town staff and the Town Development Review Committee
(DRCJ including all requests that require final approval by the Planning and Zoning
1500 Solana Blvd., Building 7, Suite 7200 Commission and/or the Town Council. Building permit applications are typically ex- , p � , q w N o �
Westlake,TX 76262 empt from this policy unless deemed otherwise by the Director in writing. W ESTLAKE
Development Review Calendar and Submittal Policy - 2019
Application Development Review Final DRC Resubmittal Public Notice Planninq&Zoning Commission
Submittal Committee (DRC) Date Deadline Deadline Meefing Date Town Council Meefing Date
Deadline
'I'I /7� �$ 'I 7/7� 9 7/2��4 1/1� 1/7�
�'�/7� �� �� �� �/1� �/��
�[Q_(�Q�$� 'I /7 7� 7/'I 7� 7/7� ?/1� ?/'7�
��T����
�� �� �� �� A�4� A/7TTsxTrvr�
�� 2/'I O� A/7 9� n/7� C/1� C/7�
Q_[�(�Q�� /I/7 2� C/'I�� C/7� L/1� L/1�
�� ,� ��
n�,, nn,,,,s;»...�►,,,�,a:., ►..�.. �n�n
�� �� �� �� o/�� o/��
7�C� y�� �� O/'I� A/1� A/2�
8 2 2019 8 20 2019 8 28 2019 8 30 2019 9 16 2019 9 30 2019
9 6 2019 9 17 2019 9 25 2019 9 30 2019 10/14/2019 10/28/2019
10 4 2019 10/15/2019 10/23/2019 10/28/2019 11/11/2019 11/25/2019
11 1 2019 11/12/2019 11/20/2019 11/25/2019 12 9 2019 12/16/2020
12 6 2019 12/17/2019 12/23/2019 12/30/2019 1 13 2020 1 27 2020
NOTE: Upon completion of a pre-application conference with Town staff,applications are due no later than 12:00 p.m.on the application submittal deadline. All required
fees,forms and supporting documents are due at the time of application submittal. Incomplete applications and/or applications submitted without a prior pre-application
conference will not be accepted. Meeting dates shown in the red shaded boxes above are TENTATIVE and are subject to change.
ALL APPLICATIONS SHALL NOT BE CONSIDERED FILED, AND ADMINISTRATIVELY COMPLETE, UNTIL TOWN STAFF, INCLUDING THE DEVELOPMENT REVIEW COMMITTEE
(DRC), DETERMINES THAT THE APPLICATION MEETS ALL REQUIREMENTS OF APPLICABLE TOWN REGULATIONS AND/OR ALL DRC COMMENTS HAVE BEEN ADDRESSED.
THEREFORE, THE MEETING CONSIDERATION DATES SHOWN ABOVE ARE MERELY SHOWN AS GUIDELINES AND ARE SUBJECT TO CHANGE FOR ANY GIVEN APPLICATION
PENDING THE FILING DATE AND DETERMINATION OF ADMINISTRATIVE COMPLETENESS BY TOWN STAFF FOR SAID APPLICATION.
The meeting dates shown above are subject to change. All meeting times are at 5:00 p.m. and are conducted in the Town Council Chambers at Westlake Town Hall unless
posted otherwise. Agendas are posted a minimum of 72 hours prior to the meeting. Meeting agendas, packets,development fees and submittal requirements are available to
view and download at www.westlake-tx.or�.
Please direct any questions to Planning and Development staff as follows: Phone: (817)490-5742 Email: nford[a)westlake-tx.org
Res 19-24
Westlake Town Council
TYPE OF ACTION T x E i o w N o F
WESTLAKE
Regular Meeting - Consent o i sr i N o r i v E s v o f s i c N
Westlake Town Council Meeting
Monday, August 26, 2019
ToP►c: Consider approval of a Resolution accepting a generous donation,to be used
exclusively,for the addition to the Sam and Margaret Lee Arts and Sciences
Center located at 2600 J.T. Ottinger Road.
STAFF CoNTAc'T: Troy J. Meyer, Director Facilities &Public Works
Strategic Alignment
i i � . � . . , ; . .
� �
- 1 �
Mission: Westlakc is a
unique community blending
preservation of our natural
environment and Exemplary Service&Governance
viewscapes,while serving People,Facilities, & -We set the standard by delivering Improve Technology,
our residents and businesess Technology unparalleled municipal and Facilities&
with superior municipal and educational services at the lowest Equipment
academic services that are cost.
accessible, efficient,cost-
cffcctivc, &transparcnt.
�
Outsidc thc Scope of Identified Strategic Initiatives
Time Line- Start Date: August 26, 2019 Completion Date: August 30, 2019
Funding Amount: N/A Status - ❑ Funded Source - Contributions/Grants
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On August 13, 2019, an anonymous donor made a generous donation to be used exclusively for
the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger
Road. These funds may be used for the following; architect firm, engineering firm, construction
cost and new equipment exclusively for the Sam &Margaret Lee Arts and Sciences addition.
Page 1 of 2
This donation must be matched by outside sources and the matching funds may only be used for
the addition to the Sam & Margaret Lee Arts and Sciences Center. Outside sources may include
but are not limited to the following: Funds raised by Westlake Academy Foundation, private
organizations, nonprofit organizations and donations made to the Town of Westlake for the use of
the Sam & Margaret Lee Arts and Sciences Center addition.
The matching funding sources may not include,bonds, federal or state funding or, funds from the
general fund balance from the Town or Academy.
RECOMMENDATiON
Staff is recommending the acceptance of the generous donation for the addition to the Sam and
Margaret Lee Arts and Sciences Center.
ATTACHMENTS
Resolution
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 19-25
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
APPROVING THE ACCEPTANCE OF A GENEROUS DONATION TO BE USED
EXCLUSIVELY FOR THE ADDITION TO THE SAM AND MARGARET LEE ARTS
AND SCIENCES CENTER LOCATED AT 2600 J.T. OTTINGER ROAD. THIS
DONATION MUST BE MATCHED BY OUTSIDE SOURCES AND THE MATCHING
FUNDS MAY ONLY BE USED FOR THE ADDITION TO THE SAM & MARGERT
LEE ARTS AND SCIENCES CENTER.
WHEREAS, the Town of Westlake desires to encourage broad community support and
involvement in this project through utilization of private donations, gifts, and other private
funding sources to enhance this project, as well as ensure its success via the use of a
public/private partnerships; and
WHEREAS, an anonymous donor has come forward and expressed a desire to provide a
generous gift for this project; and
WHEREAS, the Town Council acceptance of this generous gift for an additional to the
Sam and Margaret Lee Arts and Sciences Center and that is in the best interests of the Town of
Westlake and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 3: That, the Town Council of the Town of Westlake, hereby accepts a
generous donation of$1,000,000.00 to the Town from a donor wishing to remain anonymous to
the extent allowed by law and while respecting the donor's wishes to remain anonymous, the
Board acknowledges the desire of this donor to apply these funds to be used exclusively for the
addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger
Road
Resolution 19-25
Page 1 of 2
SECTION 4: That, the $1,000,000.00 donation must be matched by outside sources and
the matching funds may only be used for the addition to the Sam & Margaret Lee Arts and
Sciences Center. Outside sources may include but are not limited to the following: Funds raised
by the Westlake Academy Foundation, private organizations, nonprofit organizations and
donations made to the Town of Westlake for the use of the Sam & Margaret Lee Arts and
Sciences Center addition. The matching funding sources may not include, bonds, federal or state
funding or, funds from the general fund balances of the Town or Academy
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST 2019.
ATTEST:
Laura L. Wheat, Mayor
APPROVED AS TO FORM:
Kelly Edwards, Town Secretary
L. Stanton Lowry, Town Attorney
Resolution 19-25
Page 2 of 2
Westlake Town Council
T H E T D W N 0 F
TYPE OF ACTION W E S T L A K E
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, August 26, 2019
ToP�c: Conduct a public hearing and consideration of an ordinance approving a
Planned Development Zoning District (PD) Site Plan for an approximately
0.35-acre portion of Planned Development District 3,Planning Area SB(PD
3-SB) amending Ordinance 770 and Ordinance 827 in order to allow the
construction of a retail building on the Charles Schwab campus generally
located along Schwab Way between JT Ottinger Road and State Highway
114.
STAFF CONTACT: Nick Ford, Development Coordinator
Ron Ruthven, Director of Planning & Development
Strategic Alignment
� �
i i � . , . . , : ' � � �
High Quality Planning, Design &
Planned/Responsible Citizen, Student& Development-We are a desirable well preserve Desirability
Development Stakeholder planned, high-quality community that &Quality of Life
is distinguished by exemplary design
standards.
�
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: July 16, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � Not Funded Source-N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In February 2016, the Town Council approved the rezoning of a 154-acre tract of land just south
of the Highway 114 — Highway 170 interchange, establishing the land use prerequisites for a
proposed Charles Schwab financial services campus and supporting miXed-use development. In
May 2017, the Town Council approved the Phase I Site Plan for the Charles Schwab Corporate
Page 1 of 4
Campus development and in October 2018 the Town Council approved the Phase II site plan for
the Charles Schwab Campus.
As the Council may recall as part of the Phase I campus four primary structures were shown on
the Site Plan, including two office buildings, a parking garage, and an amenity building.
Furthermore, a small retail site was shown northwest of the parking garage but was not considered
in the scope of approval at the time for the Phase I development of the campus which is now the
scope of this site plan for consideration. The retail space is intended to accommodate 1-2 lease
tenants for uses that provide amenities for Schwab employees and the general public. The
pavilion's main entries will address Schwab Way with a glass wall fa�ade and other envelope
materials consistent with those used in other campus structures.
ZONING
Ordinance 770, approved February 22, 2016, establishes allowed uses and development standards
for PD 3-SB. The following section compares the applicable requirements specified in Ordinance
770 with the information included in the Site Plan. Staff determination of zoning compliance
and/or recommendations are highlighted in italicized bold text.
Allowed Uses
Ordinance 770 defines uses that are allowed by right, as an accessory use, or those that require a
Specific Use Permit. The retail use shown on the concept and site plan is an allowed accessory
use by right. The uses shown on the submitted Site Plan comply with the Concept/Site Plan and
applicable zoning standards.
Development Standards
Density—Ordinance 770 sets a maximum aggregate floor area for all allowed uses in PD 3-SB of
1,160,000 square feet. The total amount of square footage approved for primary structures shown
on Phase I and Phase II the Concept/Development plans for Charles Schwab is 1,158,942 square
feet. The Charles Schwab team is seeking an additional area allowance of 3,742 SF over the
previous limit of 1,160,000 SF of building area to accommodate the 5,000 square foot retail
pavilion as depicted on the site plan at the northwest corner of the DFW-G1 parking structure.
Staff recommends approval of an amendment to Ordinance 770 to increase the ma�imum floor
area by 3,742 square feet to allow a maximum of 1,163,742 aggregate floor area in the PD3-SB
zoning district from the previous 1,160,000 square feet allowed.
Building Height—Maximum building height is limited to siY stories or 90 feet, but not to exceed
735 above Mean Sea Level (MSL). The structure shown on the site plan is a one-story building
with 16 feet in height.
Building Size — The minimum building size in this district is 5,000 square feet. The accessory
structure shown on the Site Plan is 5,000 square feet.
Setbacks—PD 3-SB specifies 50-foot front yard setbacks, 20-foot rear yard setbacks, and 25-foot
side yard setbacks. All buildings on the Site Plan are shown behind setback lines.
The building height, size, and setbacks shown on the submitted Site Plan comply with the
applicable zoning standards of the PD3-SB zoning district.
Page 2 of 4
PARKiNG AND TRAFFiC CIRCULATION
Section 102-155 of the Westlake Code of Ordinances establishes an off-street parking requirement
of one parking space per 200 square feet of building floor area. Per the building square footage
shown on the Site Plan, 25 parking spaces are required to serve the retail pavilion building. Seven
parking spaces are proposed between the pavilion and the hike & bike trail along Schwab Way.
The remainder of parking that serves the retail (an additional 37 spaces) will be housed within the
DFW-G1 parking structure as retail only parking and separate from employee parking. Parking
shown on the submitted Site Plan exceeds Town requirements.
LIGHTING
Lighting details, including the location and type of lighting for streets, signage, and parking areas
is not included in the Site Plan submittal. Staff recommends the following for the lighting plan:
• Staff recommends submittal of a lighting plan to be approved by the town manager or
designee before issuance of a permit for the depicted building.
• Staff recommends any proposed lighting be consistent with approved lighting from
Resolution 18-34 of the Phase I campus.
LANDSCAPiNG
The landscape plan submitted as part of the site plan has been altered from the previously approved
landscape plan for the Phase I campus. Amendments to the plan have been made to accommodate
for parking at the retail building and to create an urbanized ground plane surface that extends from
the building to Schwab Way while also maintaining the Schwab Way Streetscape. Staff
recommends the applicant submit a landscape plan to be approved by the town manager or
designee before issuance of a building permit.
SiGNS
Signage for the building is not included in this submittal. Staff recommends the applicant submit
a signage plan to be approved by the town manager or designee before issuance of a sign permit
that is consistent with Resolution 18-34.
RECOMMENDATION
Staff recommends approval of this item subject to the following conditions:
1. Staff recommends approval of an amendment to Ordinance 770 to increase the
maximum floor area by 3,742 square feet to allow a maximum of 1,163,742 aggregate
floor area in the PD3-SB zoning district from the previous 1,160,000 square feet allowed.
2. Staff recommends the following for the lighting plan:
a. Staff recommends submittal of a lighting plan to be approved by the town
manager or designee before issuance of a permit for the depicted building.
b. Staff recommends any proposed lighting be consistent with approved lighting
from Resolution I 5-34 of the Phase I campus.
3. Staff recommends the applicant submit a signage plan to be approved by the town
manager or designee before issuance of a sign permit that is consistent with Resolution
18-34.
4. The following are recommendations regarding the submitted landscape plan fi^om staff
a. Staff recommends the applicant submit a landscape plan to be approved by the
town manager or designee before issuance of a building permit.
Page 3 of 4
PLANNiNG AND ZONiNG COMMISSiON
The Planning and Zoning Commission recommended approval of the zoning change and the
concept/site plan for the Schwab Retail pavilion subject to the staff recommendation contained
herein on August 12, 2019 unanimously by a vote of 5-0.
ATTACHMENTS
1. Vicinity Map
2. Concept Plan and Site Plan for Consideration
3. Proposed Ordinance
Attachment 1: Project Vicinity Map
VICINITY MAP
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LAND �W!NER CS Kinross Lake Parkway, LLC
1, Resickential ckensity daes not exceec� two units per gross acr�for 5ingle family � DATE 6/Z4/2018
2, R�siclential density does not �xceed 18 units per gross acre for muitifarnily u5e �
ARChiITECT Will Mitchell,AIA
� s• • • • � + � CORGAlV
401 NORTH HOUSTON STREET
1� Minirnum af 20� of grass area devotecf#o oper� s�ace
2, Floodplains preserv�d and mair�tained as �per� 5pace DALLAS, TX 75Z14
3, SagnEfi�a�t stands c�f native trees an�l shru�s preserveci and pratected trom LANDSCAPE ARC�lfTECT 5am Heritage
destructia� ar aft�rati�r�
OFFiCE OF JAMES BURNETT
� � � � + � F � � * � * R � PENNZOIL PLACE
711 LOUISIANA, SUITE 111
1, Struttures do no �xteed the IawEr of� staries af 45' af��vE grade • R�ferente max buifding l�eight in adja�ent lr�farmatian 5taterrEent 7a61e HOUSTON, TX 77002
�. arain�ge featufes ir�tegrated irita the design of the development � ��_�- CIVIL ENGINEER/SURVEYOR Bradley Moss, P.E. (TX, OK, NCJ, LEEQ AP
3, prain�ge f�atures c�ntained withir� pQ�d� ar�d stream$ '- =
4, Floor: Area ratfo doe� not exceed 0.3 �• Reference max bui�da#�le area as defined in P� �i�xrict 3-56 �1,160,�p0 5F� KIMLEY-HORN
12750 MERIT DRIVE, 5UI�E 100�
a � o * .
bALLAS, TX 75251
].. Approximati�ns �f the following are shown: Reference P1�Sit� Plan 5ubmission 03.Z7.2�17 PERMIT�ED LAND USE (PROPOSED) OFFICES ( GENERAL ) PERMITTED IJSE
a. site baundaries and dimension� a� Reference P�5ite Plan S�bmission 03.�7.�0]7
b. la� lines Fteference Pl�5ite Pian S�abmission 03,17.�017
c. s+te acreage and square f�otage � Re'feren�e P�5ite pian Su�mission b3.17'.2017 AGCE550RY I.AND USES (PROP05ED) PARKING STRUCTURE PERMITTED USE
d. distan��s to th� n�arest trass streets Referen�e P�5ite Plan Submissian p3,17,�017 *For eomplete list of permitted uses, DIIUING FACILITY PERMITTED USE
2� l,ocation map, norti� arraw,title block, and 5ite da#a 5ummarytabfe shpwn • �'�•--� reference Zoning Drdinance No.77Q, CONFERENCE CENTER PERMITTED USE
3� Ex[5ting land uses and aar�ing classifica#�o�s of adjacent pra{�erties shown ,�'�
4, Feat�res t�mitted fram the PD Concept �lan � NJA
PD-3-5B planning area. HIK� & BIKE TRAIL5 ( PRIVATE } PERMIT7'Eb US�
5, Updated 7raffit Imp�ct AnalysFs included a�d consist�nt wFth th� ari�inal pl�n ��-•
�. The ��an incl�des ne[essary on-Site or�dja�ent traf#Ic rmproverr�ent5 ReferenGe P�5i#e �lar1 SubmiSSion �3,17.�0�7 MINIMUM LOT AREA 100,000 SF
7, The pia� is g�n�rally consi5t��t �vith th� Pi7 Concept Plan
8, The plan is generally cor�sisfient with the devekopa-r�ent standard�of the �D Drdanance Mlh�IMUM LOT WIDTH �Oa'
9, The plan satisfies conditions set by the Tawn Council MiNIMUM FRONT YARD 50'
1�. �`h� plan is generally tonsistent with the UC]C and �ther gaverning rules and regulatiflns MINIMUM SIDE YARD 25'
MlfVIMUM REAR YARD 20'
� • � �
MAXIMUM HEfGH7 CJF BUILDING 90' or 6 (six) stories, but not to exceed 735 mean sea levei
1. Nam� and address of lar�downer present Reference aajace�t�nforrnation Statement Tabie
�. Date o# preparation of the PQ development plan shawn Reference adjacer�t 1r�formatfon Statemen#Table IVIAXIMUM BtJILDING COVERAGE 1,160,000 5F inaximurr� aggregate floor area
3. Narne arrd address oi arc�ritect, landscape architect, planner, engineer, surveyor, Reference atljacer�i lr�iormation Statement Table
ar ather persnrrs �nvolved pres�nt VIEW IMPACT AiVALYSIS Reference Zoning Ordinance No.770,PD-3-5B planning area.
4. A table fisting s�ecwfie permitted u�es for the prop�R-ty is grese�t Refer�nce adja�er�t 1r�formation Statement Ta6ie Proposed development complies with view shac�e areas as
5. Bcrundari�� of different land uses ar�d baundary cfimensians wh�re applicable Reference adja�ent Ir�fvrmation Statement Table
described as well as height lirnitations listed above.
6. Each proposed �ar�d use Sha�ld �nclude the follow�ng: Reference adjacent lnformatian S#aternent Table
a. minimum lot area Reference acljacer�t InformatEon Stakerrrent Tabie
b. minimum lat +n+idth and [f�ptF� F�eferente �d�acent Ittfarm�tiQn 5#�kem�nt T�b�e
�. m�nim�m frp�t, �ide, ar�d rear yard ��eas Referen[e �d�acent�nfarmat�pn Staterner�t Ta61e
d. maxirn�m height of b�ilding � ��#erence ad�acent Inforrr�ation Statement Tabae
e. maximum bulkdir�g coverage a� Reference adjacen# ar�formation Statement Table
7. Lisl oF devel�pmeril star�dard�for amendr�ent � Reference adjacent Inforrrration StaCemenk Table
8. View impaCk an�lysis, wher� �p�lit�bfe � Referent2 adjater�t le�f�rm�tGon St�ternenC 1'aBie
9, Pr�li�inary and appraximat� huilding lo�ations and huilc#ir�g foatprints 5hc�wn �
10 Pr�liminary elevations and per�pect+ves }�re�ent
11. Location� of parking areas present
1�, aetailed descriptfan of how open spac� s�rving the develc��ment will Reference PD 5ite P�arr Submission �3.17.30�7
be s�tisfied f�rth� ph�se of developmen�represented
13. Preliminary tree 5urvey present Referente P�Site P�an 5ubmi�5ian �3_I7.20I7
14. A li�t detailing each co�dit�on impased by the Pa Qrdir�an�e • h!/A
1�. A list detailing proposed additions ar amenclments to the Pb �rciinance � N/A
. � � r • �
1. Accampanied by drainag� plan Referenc� Pp Site P�an Submi�sion �3.17��a�7
2. Prepared by a professi�nal er�gfneer Reference PD Site P�an 5ubmi�sian fl3.17.24�7
3. Cantains a tapographical rt-rap of praposed devel�pment area to a scaEe �o Referenc� pD 5ite P�an 5ubmissian �3.17.30Z7
smaller than 1" = 2�0'
4. ❑escriptifln vf hvw tf�e develapme�t wiil �omply with the dr�in�ge de$igr� poli[les Reference PD Site Pian Submi55ion 03.�7.�017
�. }�II information de�med neces5ary by t�� engin�er is includ�d Ref�r�n�e Pf�5it� P�ar�5ubmis�ivn �3.17.�017
6. All inforrnation rec�uested by the�'own Engineer Fnciuded Reference PD Site P�an Subm�ssion �3.17.2017
7. St�dy ir�dicates thrat the propo�ed c�evelc��menk car� be achieved witt�out Reference Lake Turner Project & Hillwood U�strearn Qetentian Project
intreasing u�stream or downstream watet surfate efevatidr� and �hat
detentian or r�t�nt�on areas can be impraved in a natural rrtar�ner
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TABLE OF CONTENTS
01 � OVERALL REVISED SITE PLAN
02 � REVISED SITE PLAN - SEGMENT 2
03 � REVISED SITE PLAN - SEGMENT 3
04 � REVISED SITE PLAN - SEGMENT 4
05 � REVISED SITE PLAN - SEGMENT 5
06 � REVISED SITE PLAN - SEGMENT 6
07 � REVISED SITE PLAN - SEGMENT 7
L101 � OVERALL EXISTING TREE PLAN
L102 � OVERALL LANDSCAPE PLAN
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� � � PARKWAY LLC � 1. ALL REQUIREMENTS OF PLANNED DEVELOPMENT 3-5B WILL BE COMPLIED WITH, EXCEPT THE
� I INST. N0.2016-64107 /� FOLLOWING VARIANCE REQUESTS:
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- i \ / �/ A. FIRE LANE BUILDING COVERAGE:
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�' INST. NO. 1998-118649 �
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� CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO
�' � Know what�S be I OW. EXISTING UTILITIES DUE TO DAMAGE INCURRED DURING
� o • � CONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OF
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� CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO
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� �
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� � � � ' state highway no. 114 and trophy lake drive.
� ° Elev. = 617.02
a � BM#4 "❑X" cut set on the south side of a concrete curb w
o �
� inlet located on the south side of east bound service �
,� � road of state highway 114, approximately 2,200 feet
� � west of trophy lake drive. �
� � Elev. = 621.10 �
� � BM#5 "❑X" cut set on the southwest corner of a �
� � concrete curb inlet located on teh south side of the east Q
J � bound service road of state highway 114, approximately �
� � 1000 feet east of ottinger road. �
� � Elev. = 625.35 �
� m �// L�1�
� Q �
� �
�
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� �
CAUTION!! W
° � EXISTING UNDERGROUND UTILITIES IN THE AREA. CONTRACTOR �
�' � IS RESPONSIBLE FOR DETERMINING THE HORIZONTAL AND
� � VERTICAL LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION.
� CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO
�' � Know what�S be I OW. EXISTING UTILITIES DUE TO DAMAGE INCURRED DURING
� o • � CONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OF
T � C a I I b e f o r e y o u d i g. A N Y D I S C R E P A N C I E S O N T H E P L A N S.
m � SHEET NUMBER
� �
� � 70F7
� �
o �
� �
U '' I �` ........�
� ,,� `�., TREE REMOVAL MITIGATION / COMPLIANCE m
� / i ��
o ,,/�� i `��.,� TOTAL TREES CALIPER INCHES MITIGATION REQUIRED 259 in / w
Q ,,/ � (DOES NOT INCLUDE TREES NOTED AS HAZARDS) 9 trees o
� � � TOTAL TREE CALIPER INCH TO BE MITIGATED WITH 328 in /
� /-'
� /,. i EXISTING TREES (WITHIN SITE DEVELOPMENT) 13 trees
_ ,.
I TOTAL TREE EQUIVALENCY TO BE PROVIDED NEW (3 in 0
� caliper per tree)
T
�
� /�� �
o /.� I 13 EXISTING TREES 328 in
.�
� � EXISTING TREES PROVIDED FOR MITIGATION W/IN SITE - 328 z
a I CALIPER INCHES PROVIDED FOR REQUIRED MITIGATION - 0, 69 in °
o � �
� , /� surplus >
� I � w
� I // �
i
� � ;� TREE PROTECTION NOTES
� � /
1. CONFIRM ALL TREES TO BE REMOVED WITH
� (9) NINE TREES TO BE REMOVED, MITIGATION REQUIRED FOR ONE TREE, i ,' LANDSCAPE ARCHITECT, ARCHITECT, AND OWNER'S
� ZANOTHOXYLUM CLAVA-HERCULIS I REPRESENTATIVE PRIOR TO REMOVAL. DO NOT
�
� � REMOVE TREES WITHOUT APPROVAL. VERIFY EXTENT o
a *TREEREMOVAL ISNECESSARYDUETOINSTALLATIONOFNEWPUBLIC i '/�' , OF DEMOLITION WITH CIVIL ENGINEER. NOTIFY z
� ROAD FOR SITE TRAFFIC CIRCULATION , , LANDSCAPE ARCHITECT OF ANY CONFLICTS BETWEEN
a ' ,.� � PROTECTED TREES AND EXTENT OF DEMOLITION.
= PROPERTY LINE, RE: CIVIL DRAWINGS �,-� � 2. ALL TREES AND BRUSH OUTSIDE OF BUILDING, CANOPY �
� � � � AND PATHWAY FOOTPRINTS ARE TO BE PRESERVED
� �`� ;-� UNLESS OTHERWISE NOTED � � �
� BLIC ROAD D � - 1 IC RO � ,- � 3. REFERENCE TREE PROTECTION SPECIFICATIONS FOR O � � N w
� - = -' - � '� � 4 ANY AND ALL TREES OUTSIDE OF THE LIMIT OF WORK
� - - - - � - � - � - - � - � - - � - � - � - - � - - � - - - � - � - - � - � - - � - -. - � - � - - � - � - - � - - � - � � - - � - - � - - - -
_ - _ - - �' � � �
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o — � --- -- -- -- -- -- - - -- --- - -- -- - -- - - - -• . 1�-- •-- -- � Q � O
' 0 ARE TO BE PROTECTED IN PLACE. o � � �,
_ _�_ - _ �X o
° � �� -"�_ � o O � � " ae i a, � -- � � #84 �RE IV �
. KB�f�RY - / 5. SELECT TREES WITH DRIPLINES ADJACENT TO ^ o Q
- --- _ = � ,� � ❑
a / � �� � O O O � O � 4O IVIL ���--- � , 1 e DBaevig , Y � BUILDINGS OR OTHER IMPROVEMENTS WILL BE �%\ � o o Q
° � � / ���� � ��j � � � � � O � �� °° el s I i ,BE " \`,�`� , I EVALUATED BY AN ARBORIST FOR PRUNING, ROOT � � _ �
_ O � �
o �i I RE IL C O O I
❑❑ ` � ;, �� '� PRUNING, AERATION AND FERTILIZATION OR ANY w� w o
� 19 DBH ti �
: .-/-' 0 ___s ZJ � , ❑❑ # ° 4„ pBH ��, e l t i s l a e v i t a, C E R R Y i A D D I T I O N A L C A R E N E E D E D T O F A C I L I T A T E S U R V I V A L. � � � w
� -----�-
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- 0 � G' �� � # 3 2 6, R I L �
� � ui �
� �' 0 0 O - �, i i ; � 0 � �:� '�� � ��'�� � '�, � �� � � 's vigata, HACKBERRY �--� 33, � % � z � Y
� � #84327, RE CIVIL �� PROTECT TREES - w o � �
�� %� � � � i '� '�� � � � � � '� � ' � � � O c� G
� Zano cl - rc e CULE�CLUB � � o
o ��-' O ,, ' ' O B �a i � Q 33" DBH #8 IVI ' TREES TO BE FENCED INDIVIDUALLY OR WITHIN � o
O � eltis I igata, HACKBERRY fl,� O � �
� - O ' � - r � ' ' 0 PARKING GARAGE ,; ' GROUPS. ■ �
� ��-� � ; � �_; � � ��_�'� ,���-' � � �� � � O 0 i O #84328, RE CIVIL
� � � O � � � � � � � � � O �
/ O „
� � , � � �
z � '� � O - 1 16 DBH � � � REMOVE TREES
�' ° Sidero nugin�u UM BUMELIA ;--��"� 0 BE REMO ED, WITH O
� � _ � i - rcus stellata, POST OAK 30, RE CIVIL NO MITIGATION REQUIR C I� ;
ION ACCESS IN THIS �
W _� #84336, RE CIVIL ��
� � JIINIMIZE IMPACT TO o i „ 8 DBH OCCIDENTALIS L GAT
`i' o EXISTING SOILS � � O O O 35 DBH OFFICE (3) THREE T S T REMOVED, W H � DEMOLITION NOTES J o
� � � 0 0 0 0 � � 0 � 0 O O � i Q e cusstellata, POST OAK � � BUILDING MITI TI R IRED, QUERCUS �:' 1. CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL p � �
� � �, #84337, RE CIVIL � �
� .� �,, ,i „ 0 � � STEL A EXISTING CONDITIONS PRIOR TO BID/WORK. � J �� _ � �
� do =
O \ 34 DBH � � 2. C ONTRA CT OR I S RE SP ON SIBLE F OR C O ORDINATIN G, z = = E � N �
= L W E S T E R N S C O P E ' O ^ *TR EMOVAL IS � o o � Q T
I ' w o r s
— z � �
� � 0 � NEC RYDUE TO ���� * E EMOVAL IS NECES DUE TO � R E L O C A T I N G O R R E M O V I N G A N Y I T E M S N O T N O T E D O N > W � �
B O U N D A R Y L I N E, I��: O < , w w =
� � ��� T A L O N O F N E W ' I N A L L A T I O N O F N E L D/N G S � `� � � _
� CIVIL DRAWINGS ;�
; D R A W I N T A H I E V E D E I N I N T E N T F D R A W I N . � = Q �
� a � G GARAGE. - - - - - 0 3. CONTRACTOR SHALL REMOVE ALL MATERIAL TO BE 0 w � ti �
� ° � T R N O T E D B Y Q u e r c u s t e l l a t a, 0 s te l/ P T O A K � � z o J � o
~ ° O ' ° 4 R C # � LT EE RVED TO BE DEAD OR IN DEMOLISHED OFF SITE.
RVEY BORIST TO ° . �� � 4. CONTRACTOR IS RESPONSIBLE FOR PROTECTING ALL
� � ' O o 0 0 � 0 O O 0 ' � EIN LINEANDA � ,_ �� � DBH S RI DECLINE. z
� EXISTING UTILITIES. � � �
_' � 0 o O O �C U�S T HAZARD ��� O � • - � � PROPERTY LINE, RE: 5. CONTRACTOR IS RESPONSIBLE FOR PROTECTING ALL w � � °O �
� � �ION ACCESS IN THIS i ,0 0 ' 4 C � / � �' � � � REMOVAL IS NECESSARYDUE Tp � w �' � "' �
z ° JIINIMIZE IMPACT TO I O • „ ' O �i/ - O � �- �� CIVIL DRAWINGS EXISTING TREES AS NOTED. � � w u� m �
� � O o 2 D H 0`� � - R � SERVED DECLINEIN HEALTHAND 6. REFER TO HARDSCAPE PLANS FOR SPECIFIC DIMENSIONS � o °° a � } m
� � EXISTING SOILS � O • � � �', � � � % � PROPERTY SCOPE � W m �
i � o • U ' E� � � E T ° 0 0� TENTIAL HAZARDS BOUNDARY, RE: FOR PROPOSED WORK AND DEMO COORDINATION. Y � J � � �
� o r c u s s t e l l a t a, P O S T O A K t w Q �, � W
--- � -
� � � �� ° �O O -�� #4757, L n � � � * E � U � 84333, RE CIVIL CIVIL DRAWINGS � � o o �
� � T R E E � � O O � ' •$ �B N N CESSAR � 7" DBH
o �
� � ��;, � QUERCUS STELLATATREE � � PROTECTION Q LL R . � ADDITIONAL NOTES
_ �� FENCING o 1 _ _EW__ _ ❑ �
� � QUERCUS STELLATA TREE # � � ❑ Y= � � 1. CONSOLIDATE TREE FENCING AREAS AS NEEDED TO Q
� � �' � O O #4757, RE CIVIL 2 � HACKBERRY MINIMIZE QUANTITY OF FENCING.
QUER �� C s laevigata, n/
� � " � #8 2, RE CIVIL V-
� � � 29.8 DBH �� i � 0 2. TREE PRESERVATION PLANS REFLECT CURRENT DESIGN
°' � O 8�� � � ; � 1 , � 1 �� � DEVELOPMENT AND SURVEY INFORMATION. PRIOR TO �
� � � _-� p � OFFICE BUILDING OFFICE Bl IILDING � Cel "s vigata, HACKBERRY � ANYAND ALL TREE DEMO CLEARING AND GRUBBING OR N
- -- - - - - - - -- - -- - - - - - � o #84 3 RE CIVIL ' � �
° � LIMIT CONSTRUCTION�AC� QUERCUS: TE � ' �� � � ' DEMOLITION OF ANY VEGETATION CONTRACTOR TO
CESS IN THIS S� LLATA TREE , �0 O 0 � � B 10" DB � '
�, :� AREA TO MINIMIZE IMPACT TO #4759, RE��IVIL � � � O • -- -- � � � Quer u llata, POST OAK HOLD MEETING WITH OWNER'S REP, ARCHITECT, — �
FENCIN - - , - - � LANDSCAPE ARCHITECT AND PROJECT ARBORIST TO J U
_' � EXISTING SOILS �� �0.5 DBH ��� � �� � � � , � . . . .� , . g � #84 4 , RE CI�rL- � __ �
GLEDITSIA TRIACANTWD�- O - � / � _ 30 D %� � ESTABLISH EXPECTATIONS AND REVIEW THE MOST UP TO � 0
#475 , RE CI � � �,� O� C � � � n ° ��
z � #4756, RE CIVIL ` „ � - 43x �ECTIO • - DATE TREE PRESERVATION PLANS. �
' ue stellata, PO K �
�' � 6.9" DBH � %� 3�0" DBH FENCING , I o
� o �1 � l _ _ _ P O S T 0 � � � Q u e r c u s s t e , A K �� 4 8, R E C � 3. ALL AREAS ADJOINING AND AROUND AREAS TO BE � ,�
`� T � LIMIT CONSTRUCTION AC #8 4 3 4 2, R E I L � �#84346 �� � 9" D ��' � C L E A R E D A R E T O B E P R O T E C T E D A N D P R E S E R V E D T O U Q
TREE
� � � % CESS IN THI � i �� pgH �J � ! - „ � � _ !'---i_ ",��_ , ' MAINTAIN THE EXISTING LANDSCAPE CONDITION. PRIOR w
°' °' ' a�EA TO MINIMIZE IMPACT TO' - _ _ �"'�`'' ""� � - _ _ __ _ _ �` __ T O A N Y W O R K M A R K L I M I T S O N S I T E F O R O W N E R A N D w
�
o � ���:�� �� � � � � � O � ,� - �
� °' ��� EXISTING S01��� \ �% , ��, ,,`__ � FENCING -- ` ,� DESIGN TEAM TO APPROVE. � a
� � � i"� ��e�rs�+s-st�l�a��£ � ' ' �
� ` � �, __�_,/ � 4. REFERENCE SPECIFICATION FOR ADDITIONAL PRUNING
�� �� �� \� � � / � /'� #84347 RE C IVI L '-
� � \`L , J � � ' REQUIREMENTS. ALL TREES WITHIN 15 FEET OF ANY
� �� , ��
� � �. ��s laevigata, HACKBEfj.�v� � 31" DBH �
� �� �� TREE , � . �#3809, RE CIVIL/ � HARDSCAPE PAVEMENT, PEDESTRIAN PATH, OR ^
BUILDING SHALL BE PRUNED, CLEANED, AND HAVE ALL I..�
� ° � � �� �� PROTECTION � . 6" DBH �' � DEAD WOOD REMOVED.
� � ' � ' ' � � _ _ _� fl�us stellata, POST OAK
� °' ����� ��� FENCING �y �
�'��%l #84345 RE CIVIL
'�-�" PROPERTY LINE, RE: CIVIL DRAWIN S
� .� Quercus stellata, POST OAK �� �- �a �
� � �l #84344, RE CIVIL �,� 26" DBH PROPERTY SCOPE BOUNDARY, RE: �IVIL DRAWINGS
REFER TO CIVIL ENGINEER'S
� ° `� 24" DBH � ; EXISTING CONDITION SITE SURVEY w
° �1 /�� I FOR ADDITIONAL INFORMATION. �
�, . ���
� �
� °' '' ' �
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� � 1 ' SUBMITTERS CONTACT INFORMATION
o � �� �� ' �
L � � KEVIN PFEIFFER
� � / �
� `� �-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- _ � THE OFFICE OF JAMES BURNETT � Z
-=�1��.�lER LAKE ,� EMAIL: KPFEIFFER@OJB.COM
� � _ Q
� � - �— —
a PHONE: 713.581.7253 w �
�
� a �
� � TURNER LAKE �
� �
� � Q0
� �
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� �
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� -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - �
� � ; 1 THE PARTY RESPONSIBLE FOR THE MAINTENANCE OF THE LANDSCAPE: O
� _ �
� � I � CHARLES SCHWAB CONTACT: KATIE BLAIR
-> �
I 2309 GRACY FARMS TELEPHONE: 512.682.4538
�, � � ' AUSTIN, TEXAS 78758
m � SHEET NUMBER
� � ° 25� 5°� �5� OVERALL EXISTING TREE PLAN O � WESTLAKE LANDSCAPE ANALYSIS FORMS OO
+� � GRAPHIC SCALE: 1"=100'
O s SCALE:1"=100'-0" SCALE:NOTTOSCALE 0
� ~
�
I `
� ,,��' `�., CITY OF WESTLAKE LANDSCAPE REQUIREMENTS m
� / , \
-� .- � ' DEVELOPMENT ADDRESSES: EABPRJB7821376
� �
a I
� /-�� ` PERMIT PROJECT NUMBER: 3009 Schwab Way Q
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_ ,i � DEVELOPMENT TREE SCHEDULE
� /� I (WITHIN STREETSCAPE/PROPERTY LINES/WESTERN DEVELOPMENT LIMITS)
� -' �
Y �� � QUANTITY SYMBOL COMMON NAME SIZE HEIGHT SPREAD
° �� I TOTAL BOTANICAL NAME MIN. MIN. MIN.
'� i CALIPER
a � 557 LARGE TREE a°cA� io $' o
I 1671 ' SPECIES PER CITYSTANDARDS �
� LANDSCAPE BERMS i w
� 10' PEDESTRIAN WALKWAY I 557 TOTAL �
� LANDSCAPE BERMS , 1671
� �
� 8' PEDESTRIAN WALKWAY CROSSWALKS; RE: CIVIL DRAWINGS
PROPERTY �iNE, RE: CIVI DRAWINGS .� DEVELOPMENT TREE COMPLIANCE
�
- PARKING LOT,92 STALLS PROPERTY LINE, RE: CIVIL DRAWINGS PLANTING BEDS PROPERTY SCOPE BOUNDA �Y, USED FOR �
�
ENTRY SIGN WALL PROPERTY SCOPE BOUNDARY, USED FOR RETAIL SPACE; RE: ARCH DRAWINGS DEVELOPMENT TREE C �LCULATIONS / DEVELOPMENT PERMEABLE GREENSPACE (49 ac Total - Buildings/ 25 ac o
Q ENTRY PILASTERS (2 TOTAL) DEVELOPMENT TREE CALCULATIONS 10' MEANDERING PEDESTRIAN WALKWAY FIRE ACCESS LANE, RE: CIVIL DRAWINGS I .' � Hardscape) z
a VEHICULAR ENTRY GATES (2 TOTAL) 8' WIDE PEDESTRIAN WALKWAY � - TOTAL TREES REQUIRED (22 ac x 30 Trees/ac) 750
a TRANSFORMER AREA/ SCREENING , / �
� FIRELANE/ PEDESTRIAN WALKWAY LANDSCAPE BERMING/ SCREENING ,-
_ �, / �� TOTAL TREES TO BE PROVIDED NEW 557
LANDSCAPE BERMS 6' WIDE PEDESTRIAN WALKWAY ' - �
___ .
� PARKING LOT, 72 SPACES - - - - 557 NEW TREES PROVIDED + 13 EXISTING TREES PRESERVED = 570 TOTAL �,
� UBLIC ROA �f i�� « '-'�'� TREES s"' � �
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- � ENTRY SIGn� � �� �
- _ ,���H;� 16' L� 4' W NOTES:
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- DRAWING 01 L1 02 INDICATES TREES INTENDED TO FULFIL THE CITY OF
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WESTLAKE LANDSCAPE REQUIREMENTS ONLY TREE REQUIREMENTS ARE o
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, BASED ON THE WESTLAKE MUNI CODE PD REQUIREMENTS UNDER SECTION o Q � Q
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° � - '' _,� , -� - = _ `� � � - 98 108. RE CONSTRUCTION DRAWINGS WITH PLANTING PLANS FOR FINAL z
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TOWN OF WESTLAKE
ORDINANCE NO. 889
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING ORDINANCE 770
AND ORDINANCE 827; AMENDING THE ZONING BY APPROVING A CONCEPT
PLAN AND SITE PLAN AMENDMENT FOR AN APPROXIMATELY 0.35-ACRE
AREA OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA SB (PD3-
SB). THE PROPERTY IS GENERALLY LOCATED ALONG SCHWAB WAY SOUTH
OF STATE HIGHWAY 170, NORTH OF J.T. OTTINGER ROAD, AND WEST OF
WESTLAKE PARKWAY. PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the
public health, safety and welfare that development occur in a controlled and orderly manner;
and
WHEREAS,in February 2016,the Town Council approved Ordinance 770 establishing
the approXimately 81.06-acre Planned Development District 3, Planning Area SB (PD 3-SB)
zoning district; and
WHEREAS, in May 2017, the Town Council approved Ordinance 826 approving the
approximately 33-acre Concept/Development Plan for Charles Schwab Phase I as found in
Planned Development District 3, Planning Area SB (PD 3-SB); and
WHEREAS, in May 2017, the Town Council approved Ordinance 827 approving the
approximately 33-acre Site Plan for Charles Schwab Phase I Planned Development District 3,
Planning Area SB (PD 3-SB); and
WHEREAS, in May 2017, the Town Council approved Ordinance 828 approving the
approximately 33-acre Preliminary Site Evaluation for Charles Schwab Phase I Planned
Development District 3, Planning Area SB (PD 3-SB); and
WHEREAS,the Planning and Zoning Commission recommended to the Town Council
approval of the plans depicted in attached Exhibit B on August 12, 2019, subject to certain
specific conditions; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subj ect property,published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on August 26,
2019,by the Town Council; and
Ordinance 889
Page 1 of 4
WHEREAS, upon the recommendation of the Planning and Zoning Commission, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests
of the Town and its citizens that the plans depicted in Exhibit A, should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION L• That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Ordinance 770 and Ordinance 827 of the Town of Westlake, Texas,
is hereby amended by this Ordinance amending Planned Development District 3, Planning
Area SB (PD 3-SB). PD 3-SB shall be subject to the plans shown in Exhibit A.
SECTION 3: That the Town Council of the Town of Westlake, Texas does hereby
approve the plans shown as attached Exhibit A and located in PD 3-SB, which is an
approximately 81-acre tract located south of Hwy 170, west of Westlake Parkway, and north
of JT Ottinger Road, as reflected in Exhibit A, also attached hereto. The plans shown
on attached Exhibit A are approved subject to the following conditions:
1. Ordinance 770 is hereby amended to allow for 1,163,742 aggregate floor area in the
PD3-SB zoning district form the previous 1,160,000 square footage allowed.
2. Prior to the issuance of building permits, a final landscaping plan for the site shall be
submitted and require the approval of the Town Manager or their designee.
3. All outdoor lighting must comply with the lighting fixtures as approved by the Town
Council found in Resolution 18-34.
4. All signage must comply with the signs as approved by the Town Council found in
Resolution 18-34.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
eXceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake.
Ordinance 889
Page 2 of 4
Each 24-hour period of violation, and each separate act or condition in violation of this Chapter,
shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,
paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST OF 2019.
ATTEST: Laura Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 889
Page 3 of 4
EXHIBITS
EXHIBIT A CHARLES SCHWAB RETAIL PAVILION CONCEPT & SITE PLAN
Ordinance 889
Page 4 of 4
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LAND �W!NER CS Kinross Lake Parkway, LLC
1, Resickential ckensity daes not exceec� two units per gross acr�for 5ingle family � DATE 6/Z4/2018
2, R�siclential density does not �xceed 18 units per gross acre for muitifarnily u5e �
ARChiITECT Will Mitchell,AIA
� s• • • • � + � CORGAlV
401 NORTH HOUSTON STREET
1� Minirnum af 20� of grass area devotecf#o oper� s�ace
2, Floodplains preserv�d and mair�tained as �per� 5pace DALLAS, TX 75Z14
3, SagnEfi�a�t stands c�f native trees an�l shru�s preserveci and pratected trom LANDSCAPE ARC�lfTECT 5am Heritage
destructia� ar aft�rati�r�
OFFiCE OF JAMES BURNETT
� � � � + � F � � * � * R � PENNZOIL PLACE
711 LOUISIANA, SUITE 111
1, Struttures do no �xteed the IawEr of� staries af 45' af��vE grade • R�ferente max buifding l�eight in adja�ent lr�farmatian 5taterrEent 7a61e HOUSTON, TX 77002
�. arain�ge featufes ir�tegrated irita the design of the development � ��_�- CIVIL ENGINEER/SURVEYOR Bradley Moss, P.E. (TX, OK, NCJ, LEEQ AP
3, prain�ge f�atures c�ntained withir� pQ�d� ar�d stream$ '- =
4, Floor: Area ratfo doe� not exceed 0.3 �• Reference max bui�da#�le area as defined in P� �i�xrict 3-56 �1,160,�p0 5F� KIMLEY-HORN
12750 MERIT DRIVE, 5UI�E 100�
a � o * .
bALLAS, TX 75251
].. Approximati�ns �f the following are shown: Reference P1�Sit� Plan 5ubmission 03.Z7.2�17 PERMIT�ED LAND USE (PROPOSED) OFFICES ( GENERAL ) PERMITTED IJSE
a. site baundaries and dimension� a� Reference P�5ite Plan S�bmission 03.�7.�0]7
b. la� lines Fteference Pl�5ite Pian S�abmission 03,17.�017
c. s+te acreage and square f�otage � Re'feren�e P�5ite pian Su�mission b3.17'.2017 AGCE550RY I.AND USES (PROP05ED) PARKING STRUCTURE PERMITTED USE
d. distan��s to th� n�arest trass streets Referen�e P�5ite Plan Submissian p3,17,�017 *For eomplete list of permitted uses, DIIUING FACILITY PERMITTED USE
2� l,ocation map, norti� arraw,title block, and 5ite da#a 5ummarytabfe shpwn • �'�•--� reference Zoning Drdinance No.77Q, CONFERENCE CENTER PERMITTED USE
3� Ex[5ting land uses and aar�ing classifica#�o�s of adjacent pra{�erties shown ,�'�
4, Feat�res t�mitted fram the PD Concept �lan � NJA
PD-3-5B planning area. HIK� & BIKE TRAIL5 ( PRIVATE } PERMIT7'Eb US�
5, Updated 7raffit Imp�ct AnalysFs included a�d consist�nt wFth th� ari�inal pl�n ��-•
�. The ��an incl�des ne[essary on-Site or�dja�ent traf#Ic rmproverr�ent5 ReferenGe P�5i#e �lar1 SubmiSSion �3,17.�0�7 MINIMUM LOT AREA 100,000 SF
7, The pia� is g�n�rally consi5t��t �vith th� Pi7 Concept Plan
8, The plan is generally cor�sisfient with the devekopa-r�ent standard�of the �D Drdanance Mlh�IMUM LOT WIDTH �Oa'
9, The plan satisfies conditions set by the Tawn Council MiNIMUM FRONT YARD 50'
1�. �`h� plan is generally tonsistent with the UC]C and �ther gaverning rules and regulatiflns MINIMUM SIDE YARD 25'
MlfVIMUM REAR YARD 20'
� • � �
MAXIMUM HEfGH7 CJF BUILDING 90' or 6 (six) stories, but not to exceed 735 mean sea levei
1. Nam� and address of lar�downer present Reference aajace�t�nforrnation Statement Tabie
�. Date o# preparation of the PQ development plan shawn Reference adjacer�t 1r�formatfon Statemen#Table IVIAXIMUM BtJILDING COVERAGE 1,160,000 5F inaximurr� aggregate floor area
3. Narne arrd address oi arc�ritect, landscape architect, planner, engineer, surveyor, Reference atljacer�i lr�iormation Statement Table
ar ather persnrrs �nvolved pres�nt VIEW IMPACT AiVALYSIS Reference Zoning Ordinance No.770,PD-3-5B planning area.
4. A table fisting s�ecwfie permitted u�es for the prop�R-ty is grese�t Refer�nce adja�er�t 1r�formation Statement Ta6ie Proposed development complies with view shac�e areas as
5. Bcrundari�� of different land uses ar�d baundary cfimensians wh�re applicable Reference adja�ent Ir�fvrmation Statement Table
described as well as height lirnitations listed above.
6. Each proposed �ar�d use Sha�ld �nclude the follow�ng: Reference adjacent lnformatian S#aternent Table
a. minimum lot area Reference acljacer�t InformatEon Stakerrrent Tabie
b. minimum lat +n+idth and [f�ptF� F�eferente �d�acent Ittfarm�tiQn 5#�kem�nt T�b�e
�. m�nim�m frp�t, �ide, ar�d rear yard ��eas Referen[e �d�acent�nfarmat�pn Staterner�t Ta61e
d. maxirn�m height of b�ilding � ��#erence ad�acent Inforrr�ation Statement Tabae
e. maximum bulkdir�g coverage a� Reference adjacen# ar�formation Statement Table
7. Lisl oF devel�pmeril star�dard�for amendr�ent � Reference adjacent Inforrrration StaCemenk Table
8. View impaCk an�lysis, wher� �p�lit�bfe � Referent2 adjater�t le�f�rm�tGon St�ternenC 1'aBie
9, Pr�li�inary and appraximat� huilding lo�ations and huilc#ir�g foatprints 5hc�wn �
10 Pr�liminary elevations and per�pect+ves }�re�ent
11. Location� of parking areas present
1�, aetailed descriptfan of how open spac� s�rving the develc��ment will Reference PD 5ite P�arr Submission �3.17.30�7
be s�tisfied f�rth� ph�se of developmen�represented
13. Preliminary tree 5urvey present Referente P�Site P�an 5ubmi�5ian �3_I7.20I7
14. A li�t detailing each co�dit�on impased by the Pa Qrdir�an�e • h!/A
1�. A list detailing proposed additions ar amenclments to the Pb �rciinance � N/A
. � � r • �
1. Accampanied by drainag� plan Referenc� Pp Site P�an Submi�sion �3.17��a�7
2. Prepared by a professi�nal er�gfneer Reference PD Site P�an 5ubmi�sian fl3.17.24�7
3. Cantains a tapographical rt-rap of praposed devel�pment area to a scaEe �o Referenc� pD 5ite P�an 5ubmissian �3.17.30Z7
smaller than 1" = 2�0'
4. ❑escriptifln vf hvw tf�e develapme�t wiil �omply with the dr�in�ge de$igr� poli[les Reference PD Site Pian Submi55ion 03.�7.�017
�. }�II information de�med neces5ary by t�� engin�er is includ�d Ref�r�n�e Pf�5it� P�ar�5ubmis�ivn �3.17.�017
6. All inforrnation rec�uested by the�'own Engineer Fnciuded Reference PD Site P�an Subm�ssion �3.17.2017
7. St�dy ir�dicates thrat the propo�ed c�evelc��menk car� be achieved witt�out Reference Lake Turner Project & Hillwood U�strearn Qetentian Project
intreasing u�stream or downstream watet surfate efevatidr� and �hat
detentian or r�t�nt�on areas can be impraved in a natural rrtar�ner
Ord 889
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SPECIFIC MATERIAL SELECTIONSARE CONCEPTUALAND
MAY BE MODI FI ED BASED ON SCHWAB' S REVI EW OF ON -
S ITE MATERIAL MOCK-U PS .
RETAI L PAVI LION
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C � RGAN SUBMISSION
Ord 889
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
Regular Meeting - Action Item o i sr i N o r i u E s v o�s i c N
Westlake Town Council Meeting
Monday, August 26, 2019
ToPrc: Discussion and consideration of an Ordinance to Update the Solana Public
Improvement District Service and Assessment Plan and Assessment Roll
2018.
STAFF CoNTAc'T: Jarrod Greenwood, Assistant Town Manager
Debbie Piper, Finance Director
Strategic Alignment
i i � . � . . , ; . .
� �
- � �
Exemplary Service&Governance Increase
-We set the standard by delivering Transparency,
Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Accessibility&
educational services at the lowest
cost. Communicarions
�
Outside the Scope of Identified Strategic Initiatives
Time Line- Start Date: August 26, 2019 Completion Date: August 26, 2019
Funding Amount: N/A Status - � N/A Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Solana Public Improvement District (PID) for the Entrada development was created by
Resolution 14-07 by Town Council on February 24, 2014. In arder to levy the assessment on
property within the PID required to service the PID bonds, Town Council adopted Ordinance No.
741 approving the Solana Pubic Improvement District Service and Assessment Plan and
Assessment Roll.
Page 1 of 2
Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372,
Texas Local Government Code (the "PID Act")require that Service and Assessment Plans (SAP)
and Assessment Rolls to be reviewed and updated annually which requires Council approval.
Council approved Ordinance752 that provided the first annual update to the SAP at the September
21, 2015 Regular Council meeting. The second update to this SAP was approved by the Council
via Ordinance 796 on September 19, 2016. The Council approved an SAP Update in January
2018, which, after due process and public hearing, levied the Part B Assessment related to the
Parking Garage. Town Council approved Ordinance 861 that updated the SAP on August 27,2018
Upon approval from Council, the Assessment Roll will be provided to the Tarrant County
Appraisal District to be included in the 2019/2020 taX bills which will be mailed out in October
2019.
At this time, all the site plan and building permits filed through June 30th comply with the SAP
Development Plan, and no mandatory prepayment is required.
RECOMMENDATION
Recommend approving the proposed Ordinance accepting the Service Assessment Plan as will
be presented.
ATTACHMENTS
Ordinance
Service and Assessment Plan
Page 2 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 890
SOLANA PUBLIC IMPROVEMENT DISTRICT SUPPLEMENTAL SERVICE AND
ASSESSMENT PLAN AND ASSESSMENT ROLL.
A SUPPLEMENTAL ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE UPDATING THE SOLANA PUBLIC IMPROVEMENT DISTRICT OF
THE TOWN OF WESTLAKE SERVICE AND ASSESSMENT PLAN AND
ASSESSMENT ROLL.
WHEREAS, by Resolution 14-07 adopted on February 24, 2014, after notice and a
public hearing in the manner required by law, the Town Council of the Town of Westlake, Texas
approved a resolution authorizing the creation of the Solana Public Improvement District of the
Town of Westlake; and
WHEREAS, the Town Council, pursuant to Section 372.016(b) of the Public
Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "PID
Act") PID Act, published notice of the Levy and Assessment Hearing on December 22, 2014, in
The Star-Telegram, a newspaper of general circulation in the Town; and
WHEREAS, on January 15, 2015, after notice and a public hearing conducted in the
manner required by law, the Town Council adopted Ordinance No. 741 approving the Solana
Public Improvement District Service and Assessment Plan and Assessment Roll and the levy of
assessments on property in the District; and
WHEREAS, on January 15, 2015, the Town Council convened the Levy and Assessment
Hearing and adopted Ordinance No. 743, authorizing the issuance of bonds secured by the
assessments levied pursuant to the Assessment Ordinance; and
WHEREAS, on January 28, 2018, after notice and a public hearing conducted in the
manner required by law, the Town Council adopted Ordinance No. 843 approving the Solana
Public Improvement District Service and Assessment Plan and Assessment Roll and the levy of
the Part—B Assessment pertaining to the Parking Garage on property in the District; and
WHEREAS, on August 27, 2018, Town Council approved Ordinance 861 that updated
the SAP; and
WHEREAS, the Service and Assessment Plan and Assessment Roll is required to be
reviewed and updated annually as described in Sections 372.013 and 372.014 of the PID Act;
and
WHEREAS, the Town Council now desires to proceed with the adoption of this
Ordinance for the Annual Service Plan Update and the updated Assessment Roll attached
thereto, in conformity with the requirements of the PID Act; and
WHEREAS, the Town Council finds the passage of this Ordinance to be in the best
interest for the citizens of Westlake.
Ordinance 890
Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION L• That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the Solana Annual Service Plan Update and updated Assessment
Roll attached hereto as Exhibit A are hereby accepted as provided.
SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Ordinance without the
invalid provision
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 26TH DAY OF AUGUST, 2019.
ATTEST: Laura Wheat, Mayor
Kelly Edwards, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 890
Page 2 of 2
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WOKK,S
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TOWN OF WESTLAKE, TEXAS
SOLANA PUBLIC IMPROVEMENT DISTRICT
2019 ANNUAL SERVICE PLAN UPDATE
AUGUST 26, 2019
�
INTRODUCTION
Capitalized terms used in this Annual Service Plan Update shall have the meanings set forth in
the original Service and Assessment Plan or the Development, Financing, and Reimbursement
Agreements, as applicable.
The Town Council passed Resolution No. 14-07 approving and authorizing the creation of the PID
on February 24, 2014, to finance the costs of certain public improvements for the benefit of
property in the PID. On April 22, 2013, the property within the PID was zoned by Ordinance No.
703.The Zoning Ordinance designates the type of land uses that are permitted within the project
and includes development standards for each land use type.
The Town of Westlake, Texas Special Assessment Revenue Bonds, Series 2015 (Solana Public
Improvement District Project, Series 2015 Bonds) in the aggregate principal amount of
$26,175,000 were issued to finance, refinance, provide or otherwise assist in the acquisition,
construction and maintenance of the public improvements provided for the benefit of the
property in the PID. In addition, reimbursement obligations for the Reimbursement Agreement
— Part A in the aggregate principal amount of$3,400,000 are secured by Assessments.
Pursuant to the Service and Assessment Plan,the effective interest rate on the Series 2015 Bonds
is 6.15 percent. The interest rate on the Reimbursement Agreement— Part A is 6.43 percent per
annum, per the Reimbursement Agreement— Part A adopted with Ordinance No. 742.
On December 11, 2017,the Town Council passed Ordinance No. 843 approving an annual service
plan update and Assessment Roll for Assessment Part B for the Reimbursement Agreement—Part
B in the aggregate principal amount of $2,425,000 secured by Assessments. Each Assessment
Part B shall be paid with interest based on an interest rate of 6.43 percent per annum from
September 1, 2018 through January 28, 2023, and 5.855% per annum from January 29, 2023
through the Maturity Date as defined in the Reimbursement Agreement — Part B, per the
Reimbursement Agreement— Part 6 adopted with Resolution No. 18-06.
The Service and Assessment Plan identifies the Authorized Improvements to be provided by the
PID, the Authorized Improvement Costs, the indebtedness to be incurred for the Authorized
Improvements, and the manner of assessing the property in the PID for the costs of the
Authorized Improvements. Pursuant to the PID Act, the Service and Assessment Plan must be
reviewed and updated annually. This document is the annual update of the Service and
Assessment Plan for 2019, which includes both Assessment Part A and Assessment Part B.
The Town Council also adopted an Assessment Roll identifying the Assessments on each Lot
within the PID, based on the method of assessment identified in the Service and Assessment Plan.
This Annual Service Plan Update also updates the Assessment Roll for 2019.
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 1
LISTED EVENTS
There has been an event notice for the Developer in the previous year. Below is a list of all Listed
Event Disclosures:
■ The following is a Listed Event according to the Continuing Disclosure Agreement, Section
4, Event Reporting Obligations of the Developer, (vii) The filing of any lawsuit with claim
for damage, in excess of $1,000,000 against the Developer or any affiliate of the
Developer which may adversely affect the completion of development or litigation which
would materially adversely affect the financial condition of the Developer or any affiliate
of the Developer.
■ FZ WLRW, LLC has filed suit in Tarrant County, Cause#: 342-302221-18 in the 342nd
Judicial District against MRW Investors, LLC.
STATUS OF AUTHORIZED IMPROVEMENTS
Improvement Prolect A
According to the 2019 Quarter 2 Developer Continuing Disclosure, Authorized Improvements for
Improvement Area#1 and Improvement Area#2 are significantly complete,with remaining items
being the completion of TRA Sanitary Sewer Metering Station, the pedestrian bridge and
installation of iron benches. The pedestrian bridge and Metering Station have been delayed due
to weather, and with the Metering Station, a new access road configuration had to be created.
The Developer expects both to be complete in Q3 of 2019. TCMUD has continued to delay
restarting the construction work on the metering station. Iron Benches are awaiting input and
direction from the Town. Improvement Area #3 Authorized Improvements only have the
retaining walls constructed. Improvement Area #3 Authorized Improvements are forecasted to
be completed in Quarter 4 of 2020.
Improvement Prolect 6
According to the 2019 Quarter 2 Developer Continuing Disclosure, engineering design, site plan
approval, and building permit approval are complete, and construction has begun,funded by the
Reimbursement Agreement— Part 6.
PARCEL SUBDIVISION I
A replat of WESTLAKE ENTRADA, LOTS 1XR, 2XR, 3-14, 15XR, 16X, & 17X, BLOCK I was filed and
recorded on August 28, 2018. See Exhibit B for plats approved in 2018. Plats approved in 2018
will be reflected in this Annual Service Plan Update. Plats approved in 2019 will be reflected in
the 2020 annual service plan update.
TOWN OF WESTLAKE,TEXAS 2
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE
LOT SALES & HOME SALES UPDATE
Residential
Of the expected 322 residential units in the Service and Assessment Plan, 5 residential units have
completed construction. According to the 2019 Quarter 2 Developer Continuing Disclosure, a
total of 32 homes are under construction. Calais Homes is currently constructing 6 homes with
an estimated completion date of August 2019; Vespa Homes is constructing 12 homes with an
estimated completion date of October 2019; and Crescent Homes through MRW Investors, LLC
is constructing 14 homes with the first homes completed in June 2019.
Commercial
According to the 2019 Issuer Continuing Disclosure, of the expected 1,158,299 square feet of
commercial space described in the Service and Assessment Plan, 29,175 square feet of
commercial development has been constructed, including a CVS, Primrose Daycare Center, and
the Entrada Sales Office. Permits for construction have been issued on a total of 10 units, for a
total permitted commercial square footage of 309,733.
OUTSTANDING ASSESSMENT �
Improvement Area #1
Improvement Area #1 has a total outstanding Assessment of $20,785,272.59, as shown in the
chart below.
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Outstanding Assessment
Series 2015 Bond $ 16,215,603.25 $ - $ - $ 16,215,603.25
Reimbursement Agreement-Part A - 2,184,669.33 - 2,184,669.33
Reimbursement Agreement-Part B - - 2,385,000.00 2,385,000.00
$ 16,215,603.25 $ 2,184,669.33 $ 2,385,000.00 $ 20,785,272.59
Improvement Area #2
Improvement Area#2 has a total outstanding Assessment of$5,420,377.64,as shown in the chart
below.
TOWN OF WESTLAKE,TEXAS 3
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Outstanding Assessment
Series 2015 Bond $ 4,776,814.74 $ - $ - $ 4,776,814.74
Reimbursement Agreement-Part A - 643,562.90 - 643,562.90
Reimbursement Agreement-Part B - - - -
$ 4,776,814.74 $ 643,562.90 $ - $ 5,420,377.64
Improvement Area #3
Improvement Area#3 has a total outstanding Assessment of$4,689,349.77,as shown in the chart
below.
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Outstanding Assessment
Series 2015 Bond $ 4,132,582.01 $ - $ - $ 4,132,582.01
Reimbursement Agreement-Part A - 556,767.76 - 556,767.76
Reimbursement Agreement-Part B - - - -
$ 4,132,582.01 $ 556,767.76 $ - $ 4,689,349.77
The debt service schedules for the Series 2015 Bonds, Reimbursement Agreement— Part A, and
Reimbursement Agreement — Part B are attached hereto as Exhibit E, Exhibit F, and Exhibit G,
respectively.
ANNUAL INSTALLMENT DUE 1/31/2020 I
Improvement Area #1
• Principal and Interest - The total principal and interest required for the Annual
Installment for Improvement Area #1 is $1,601,147.71.
• Prepayment Reserve - The Prepayment Reserve Requirement, as defined in the
Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and
has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Prepayment Reserve amount due for Improvement Area #1 of$32,431.21.
• Delinquency Reserve - The Delinquency Reserve Requirement, as defined in the
Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has
not yet been met. As such, the Delinquency Reserve will be funded with 60% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Delinquency Reserve amount due for Improvement Area #1 of$48,646.81.
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 4
• Administrative Expenses - The cost of administering the PID and collecting the Annual
Installments shall be paid for on a pro rata basis by each Parcel based on the amount of
outstanding Assessment remaining on the Parcel. The total Administration Expenses
budgeted for the Annual Installment for Improvement Area #1 is $44,764.75.
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Annual Installment Due 1/31/2020
Principal $ 258,158.86 $ 8,390.16 $ 40,000.00 $ 306,549.02
Interest 1,000,768.95 140,474.24 153,355.50 1,294,598.69
Delinquency&Prepayment Reserve 81,078.02 - - 81,078.02
Administrative Expenses 44,764.75 - - 44,764.75
$ 1,384,770.57 $ 148,864.40 $ 193,355.50 $ 1,726,990.47
Notes:
Assuming no outstanding delinquencies at the time of this Annual Service Plan Update.If any prior year installment was not paid in full
the outstanding assessment will be increased accordingly.
Improvement Area #2
• Principal and Interest - The total principal and interest required for the Annual
Installment for Improvement Area #2 is $414,709.37.
• Prepayment Reserve - The Prepayment Reserve Requirement, as defined in the
Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and
has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Prepayment Reserve amount due for Improvement Area #2 of$9,553.63.
• Delinquency Reserve — The Delinquency Reserve Requirement, as defined in the
Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has
not yet been met. As such, the Delinquency Reserve will be funded with 60% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Delinquency Reserve amount due for Improvement Area #2 of$14,330.44.
• Administrative Expenses - The cost of administering the PID and collecting the Annual
Installments shall be paid for on a pro rata basis by each Parcel based on the amount of
outstanding Assessment remaining on the Parcel. The total Administration Expenses
budgeted for the Annual Installment for Improvement Area #2 is $13,186.86.
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Annual Installment Due 1/31/2020
Principal $ 76,048.79 $ 2,471.59 $ - $ 78,520.38
Interest 294,807.89 41,381.09 - 336,188.99
Delinquency&Prepayment Reserve 23,884.07 - - 23,884.07
Administrative Expenses 13,186.86 - - 13,186.86
$ 407,927.62 $ 43,852.68 $ - $ 451,780.30
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 5
Improvement Area #3
• Principal and Interest - The total principal and interest required for the Annual
Installment for Improvement Area #3 is $358,778.93.
• Prepayment Reserve - The Prepayment Reserve Requirement, as defined in the
Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and
has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Prepayment Reserve amount due for Improvement Area #3 of$8,265.16.
• Delinquency Reserve - The Delinquency Reserve Requirement, as defined in the
Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has
not yet been met. As such, the Delinquency Reserve will be funded with 60% of the
additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a
Delinquency Reserve amount due for Improvement Area #3 of$12,397.75.
• Administrative Expenses - The cost of administering the PID and collecting the Annual
Installments shall be paid for on a pro rata basis by each Parcel based on the amount of
outstanding Assessment remaining on the Parcel. The total Administration Expenses
budgeted for the Annual Installment for Improvement Area #3 is $11,408.39.
Reimbursement Reimbursement
Agreement- Agreement-
Series 2015 Bond Part A Part B Total
Annual Installment Due 1/31/2020
Principal $ 65,792.35 $ 2,138.25 $ - $ 67,930.60
Interest 255,048.16 35,800.17 - 290,848.33
Delinquency&Prepayment Reserve 20,662.91 - - 20,662.91
Administrative Expenses 11,408.39 - - 11,408.39
$ 352,911.81 $ 37,938.42 $ - $ 390,850.23
Notes:
Assuming no outstanding delinquencies at the time of this Annual Service Plan Update.If any prior years Annual Installment was not
paid in full the outstanding Assessment will be increased accordingly.
PREPAYMENT OF ASSESSMENTS IN FULL
No prepayments in full have occurred within the PID.
ELECTIVE PARTIAL PREPAYMENTS OF ASSESSMENTS
No partial prepayments have occurred within the PID.
TOWN OF WESTLAKE,TEXAS 6
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE
BOND FUND
P3Works has reviewed the following bond accounts related to the PID as of June 30, 2019, and
each account contains the amount shown below:
Improvement Prolect A
Bond Account 6/30/2019 Balance
Pledged Revenue Fund
Bond Pledged Revenue Account $1,429,231.98
Developer Reimbursement Pledged
Revenue Account $618,657.23
BondFund
Capitalized Interest Account $0.00
Principal and Interest Account $209.00
Project Fund
Improvement Project A
Improvement Account $108,199.15
Developer Improvement Account $0.00
Reserve Fund
_ Reserve Account � $2,148,511.91
Prepayment Reserve Account $130,533.90
Delinquency Reserve Account $195,800.84
Redemption Fund $0.00
Rebate Fund $0.00
Administrative Fund $90,687.62
Reimbursement Fund � $0.00
Developer Property Tax Reserve Fund $110.60
Improvement Proiect B
Account 6/30/2019 Balance
Reimbursement Agreement—Part B Fund $0.00
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE �
FIVE YEAR BUDGET FORECAST I
The PID Act requires the annual indebtedness and projected costs for the improvements to be
reviewed and updated in the Annual Service Plan Update, and the projection shall cover a period
of not less than five years.
Installments Due 1/31/2020 1/31/2021 1/31/2022 1/31/2023 1/31/2024
Principal $ 306,549.02 $ 325,910.93 $ 350,272.85 $ 375,280.16 $ 395,287.47
I nterest 1,294,598.69 1,277,288.46 1,258,883.32 1,231,409.15 1,205,074.79
Total Debt Service (1) $ 1,601,147.71 $ 1,603,199.40 $ 1,609,156.17 $ 1,606,689.31 $ 1,600,362.26
Delinquency&Prepayment Reserve (2) $ 81,078.02 $ 79,787.22 $ 78,415.75 $ 76,963.61 $ 75,430.79
Administrative Expenses (3) $ 44,764.75 $ 45,660.04 $ 46,573.24 $ 47,504.71 $ 48,454.80
TotalAnnuallnstallment (4)=�1)+(2)+(3) $ 1,726,990.47 $ 1,728,646.66 $ 1,734,145.16 $ 1,731,157.63 $ 1,724,247.85
Installments Due 1/31/2020 1/31/2021 1/31/2022 1/31/2023 1/31/2024
Principal $ 78,520.38 $ 84,224.04 $ 89,927.70 $ 95,821.48 $ 101,715.26
Interest 336,188.99 331,84738 327,183.23 322,196.54 316,875.09
Total Debt Service (1) $ 414,709.37 $ 416,071.42 $ 417,110.93 $ 418,018.02 $ 418,59035
Delinquency&Prepayment Reserve (2) $ 23,884.07 $ 23,503.83 $ 23,099.82 $ 22,672.05 $ 22,220.51
Administrative Expenses (3) $ 13,186.86 $ 13,450.60 $ 13,719.61 $ 13,994.00 $ 14,273.88
Total Annual Installment (4)_(1)+(2)+(3) $ 451,780.30 $ 453,025.85 $ 453,930.36 $ 454,684.07 $ 455,084.73
Installments Due 1/31/2020 1/31/2021 1/31/2022 1/31/2023 1/31/2024
Principal $ 67,930.60 $ 72,865.03 $ 77,799.45 $ 82,898.36 $ 87,997.27
Interest 290,848.33 287,092.26 283,057.15 278,742.99 274,139.22
Total Debt Service (1) $ 358,778.93 $ 359,957.28 $ 360,856.60 $ 361,641.35 $ 362,136.49
Delinquency&Prepayment Reserve (2) 5 20,662.91 $ 20,333.95 $ 19,984.43 $ 19,614.34 $ 19,223.70
Administrative Expenses (3) $ 11,408.39 $ 11,636.56 $ 11,869.29 $ 12,106.68 $ 12,348.81
Total Annual Installment (4)_(1)+(2)+(3) S 390,850.23 $ 391,927.79 $ 392,71032 $ 393,362.38 $ 393,709.01
Installments Due 1/31/2020 1/31/2021 1/31/2022 1/31/2023 1/31/2024
Principal $ 453,000.00 $ 483,000.00 $ 518,000.00 $ 554,000.00 $ 585,000.00
I nterest 1,921,636.00 1,896,228.10 1,869,123.70 1,832,348.69 1,796,089.10
Total Debt Service (1) $ 2,374,636.00 $ 2,379,228.10 $ 2,387,123.70 $ 2,386,348.69 $ 2,381,089.10
Delinquency&Prepayment Reserve (2) $ 125,625.00 $ 123,625.00 $ 121,500.00 $ 119,250.00 $ 116,875.00
Administrative Expenses (3) $ 69,360.00 $ 70,747.20 $ 72,162.14 $ 73,605.39 $ 75,077.49
TotalAnnuallnstallment (4)=(1)+�2)+(3) $ z,569,621.00 $ 2,573,600.30 $ 2,580,785.84 $ 2,579,204.08 $ 2,573,041.59
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE $
BUDGET FOR CONSTRUCTION OF AUTHORIZED IMPROVEMENTS
Improvement Proiect A
According to the 2019 Quarter 2 Developer Continuing Disclosure, all Improvement Area #1 and
Improvement Area #2 Authorized Improvements in Improvement Project A are being funded by
Series 2015 Bond funds. The balance in the Improvement Fund with US Bank is $108,199.15 as
of June 30, 2019. According to the Developer, available remaining funds are currently projected
to be sufficient to complete the Authorized Improvement for Improvement Project A in
Improvement Area#1 and Improvement Area#2 as described within the Service and Assessment
Plan.
Improvement Area #3 Authorized Improvements, with the exception of retaining walls, are not
constructed, with an estimated cost of $3,400,000 anticipated to be funded by the Developer
and subject to the Reimbursement Agreement—Part A. See the table below for details about the
Improvement Project A budget.
•
Series 2015 Bonds Reimbursement Agreement-Part A
Authorized Improvements
Road $ 3,767,430 $ 1,083,177 $ 4,850,607 $ 622,470 $ - $ 622,470
Water Distribution System 890,040 (668,035) 222,005 171,680 - 171,680
SanitarySewer 1,531,196 (1,298,927) 232,269 350,100 - 350,100
Storm drainage 1,154,306 (1,154,306) - 579,566 - 579,566
Landscaping 1,830,501 (661,929) 1,168,572 - - -
Dud Bank 640,304 (142,838) 497,466 93,650 93,650
Other Costs(3) 8,120,860 (1,131,154) 6,989,706 573,896 - 573,896
Parking Facility - - - - - -
Consolidated Wet Utilities Contract - 3,974,012 3,974,012 - - -
$ 17,934,637 $ (1) $ 17,934,637 $ 2,391,362 $ - $ 2,391,362
Bond Issue Costs
Capitalized Interest $ 3,216,750 $ - $ 3,216,750 $ 218,620 $ - $ 218,620
Debt Service Reserve 2,074,313 - 2,074,313 340,000 - 340,000
Other Bond Issuance Related Costs 2,949,301 - 2,949,301 450,018 - 450,018
$ 8,240,364 $ - $ 8,240,364 $ 1,008,638 $ - $ 1,008,638
Total Uses $ 26,175,001 $ (1) $ 26,175,001 $ 3,400,000 $ - $ 3,400,000
Notes:
1)Budget as shown in the Service and Assessment Plan.
2)The budget for the Authorized Improvements is adjusted in this Annual Service Plan Update as the Authorized Improvements are constructed and the Actual
Costs of the Authorized Improvements are determined,per draw 38 provided by the Developer.
3)See Appendix B of the Service and Assessment Plan for details.
Improvement Prolect 6
According to the 2019 Quarter 2 Developer Continuing Disclosure, Improvement Project B (the
public parking garage) improvements are not constructed, and the estimated costs of$6,160,000
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 9
are anticipated to be funded by the Developer, of which $2,450,000 are subject to
Reimbursement Agreement — Part B. See the table below for details about the Improvement
Project B budget.
.
Reimbursement Agreement-Part B(Parking Garage)
Authorized Improvements
Road $ - $ - $ -
Water Distribution System - - -
Sanitary Sewer - - -
Storm Drainage - - -
Landscaping - - -
Duct Bank - - -
Other Costs(3) - - -
Parking Facility 6,160,000 - 6,160,000
$ 6,160,000 $ - $ 6,160,000
Bond issue costs
Capitalized Interest $ 170,000 $ - $ 170,000
Debt Service Reserve 242,500 - 242,500
Other Bond Issuance Related Costs 242,500 - 242,500
$ 655,000 $ - $ 655,000
Total Uses $ 6,815,000 $ - $ 6,815,000
Notes:
1)Budget as shown in the Service and Assessment Plan.
2)The budget for the Authorized Improvements is adjusted in this Annual Service Plan Update as the Authorized Improvements are
constructed and the Actual Costs of the Authorized Improvements are determined.
3)See Appendix B of Service and Assessment Plan for details.
EQUIVALENT UNITS
The Service and Assessment Plan uses Equivalent Units to apportion Assessment based on Land
Use Class. The chart attached hereto as Exhibit C summarizes the original planned number of
units broken down by Land Use Class and Improvement Area, assigns the Equivalent Unit factor
to each Land Use Class as was originally calculated in the Service and Assessment Plan, and
determines the total number of Equivalent Units for each Land Use Class in Improvement Area
#1, Improvement Area#2, and Improvement Area#3. Equivalent Unit Factors are then multiplied
by total Equivalent Units in each Land Use Class to determine Assessment per Unit for each Land
Use Class for both Assessment Part A and Assessment Part B.
The 2018 Annual Service Plan Update approved by Ordinance No. 861 on August 27, 2018
allocated Equivalent Units and their Assessment to their 2018 tax parcel IDs assigned by the
County. For the purpose of calculating or reallocating of Assessments and any corresponding
prepayments of Assessments, all subsequent annual service plan updates, including this Annual
Service Plan Update, is to use the information set forth in Exhibit D.
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 10
The calculation of the estimated number of units to be built on a Parcel shall be performed by
the Administrator and confirmed by the Town Council based on the information available
regarding the use of the Parcel.The outstanding Assessment Part A and outstanding Assessment
Part B in each Improvement Area is reallocated to the newly platted Parcels based on the
corresponding approved development plans and projected development plan for each Parcel
provided by the Developer. The detailed projected land use by Parcel are provided by the
Developer and the corresponding Equivalent Unit calculations are shown in Exhibit D.
ASSESSMENT ROLL �
The list of current Lots within the PID, the corresponding total Assessments, and current Annual
Installment are shown on the Assessment Roll attached hereto as Exhibit A. The Parcels shown
on the Assessment Roll will receive the bills for the 2019 Annual Installments which will be
delinquent if not paid by January 31, 2020.
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 11
EXHIBIT A-ASSESSMENT ROLL
.
Parcel ID Legal Description � - �
42229969 WESTLAKE ENTRADA Block M Lot 1 $ 696,163.79 $ 58,024.20
42229977 WESTLAKE ENTRADA Block M Lot 2R PLAT D216204548 $ 169,800.08 $ 14,108.22
42229985 WESTLAKE ENTRADA Block M Lot 3R PLAT D216204548 $ 50,519.03 $ 4,197.49
42229993 WESTLAKE ENTRADA Block N Lot 1 $ 446,506.61 $ 37,098.99
42230002 WESTLAKE ENTRADA Block N Lot 2 $ 48,554.40 $ 4,034.25
42230011 WESTLAKE ENTRADA Block N Lot 3 $ 207,268.37 $ 17,221.35
42230029 WESTLAKE ENTRADA Block N Lot 4 $ 39,547.73 $ 3,285.91
42230037 WESTLAKE ENTRADA Block N Lot 5 $ 29,341.86 $ 2,437.93
42230045 WESTLAKE ENTRADA Block N Lot 6X OPEN SPACE $ - $ -
42331160 WESTLAKE ENTRADA Block 1 Lot 11 $ 38,221.88 $ 3,185.74
42331178 WESTLAKE ENTRADA Block 1 Lot 12 $ 38,221.88 $ 3,185.74
42331186 WESTLAKE ENTRADA Block J Lot 13 $ 38,221.88 $ 3,185.74
42331194 WESTLAKE ENTRADA Block 1 Lot 14 $ 38,221.88 $ 3,185.74
42331208 WESTLAKE ENTRADA Block J Lot 15 $ 38,221.88 $ 3,185.74
42331216 WESTLAKE ENTRADA Block J Lot 16 $ 38,221.88 $ 3,185.74
42331224 WESTLAKE ENTRADA Block J Lot 17X OPEN SPACE $ - $ -
42331232 WESTLAKE ENTRADA Block J Lot 18X OPEN SPACE $ - $ -
42331241 WESTLAKE ENTRADA Block J Lot 19X OPEN SPACE $ - $ -
42331259 WESTLAKE ENTRADA Block 1 Lot 20X PRIVATE STREET $ - $ -
42331283 WESTLAKE ENTRADA Block 5 Lot 1X OPEN SPACE $ - $ -
42346426 WESTLAKE ENTRADA-CORTES Block L Lot 6 $ 280,661.30 $ 23,319.37
42346434 WESTLAKE ENTRADA-CORTES Block S Lot 2X OPEN SPACE $ - $ -
42400439 WESTLAKE ENTRADA Block P Lot 2 $ 1,020,586.53 $ 84,797.70
42400447 WESTLAKE ENTRADA Block P Lot 3 $ 459,263.94 $ 38,158.96
42400455 WESTLAKE ENTRADA Block P Lot 4X OPEN SPACE SCHOOL BPOUNDARY SPLIT $ - $ -
42402318 WESTLAKE ENTRADA Block B Lot 1R SCHOOL BOUNDARY SPLIT $ 1,017,008.95 $ 84,500.44
42402326 WESTLAKE ENTRADA Block B Lot 2 SCHOOL BOUNDARY SPLIT $ - $ -
42402334 WESTLAKE ENTRADA Block B Lot 3 $ 770,968.08 $ 64,057.59
42402342 WESTLAKE ENTRADA Block B Lot 4 $ 943,910.72 $ 78,426.92
42402351 WESTLAKE ENTRADA Block B Lot 5 SCHOOL BOUNDARY SPLIT $ - $ -
42402369 WESTLAKE ENTRADA Block C Lot 1 SCHOOL BOUNDARY SPLIT $ 823,804.69 $ 68,447.64
42402377 WESTLAKE ENTRADA Block C Lot 2 $ 283,467.91 $ 23,552.56
42402385 WESTLAKE ENTRADA Block C Lot 3A $ 70,165.32 $ 5,829.84
42402393 WESTLAKE ENTRADA Block C Lot 36 $ 112,264.52 $ 9,327.75
42402407 WESTLAKE ENTRADA Block C Lot 4 $ 210,495.97 $ 17,489.52
42402415 WESTLAKE ENTRADA Block C Lot 5 $ 175,413.31 $ 14,574.60
42402423 WESTLAKE ENTRADA Block C Lot 6X OPEN SPACE $ 29,469.44 $ 2,448.53
42402431 WESTLAKE ENTRADA Block D Lot 1 $ 290,068.25 $ 24,176.75
42402440 WESTLAKE ENTRADA Block D Lot 2X OPEN SPACE $ - $ -
42402458 WESTLAKE ENTRADA Block E Lot 1 $ 693,515.96 $ 57,803.51
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 12
.
Parcel ID Legal Description � - �
42402466 WESTLAKE ENTRADA Block E Lot 15 $ SS,SZ2.95 $ 4,652.76
42402474 WESTLAKE ENTRADA Block E Lot 16 $ 55,822.95 $ 4,652.76
42402482 WESTLAKE ENTRADA Block E Lot 17 $ 55,822.95 $ 4,652.76
42402491 WESTLAKE ENTRADA Block E Lot 18X OPEN SPACE $ 63,786.66 $ 5,299.86
42402504 WESTLAKE ENTRADA Block F Lot 1 $ 55,822.95 $ 4,652.76
42402512 WESTLAKE ENTRADA Block F Lot 2 $ 55,822.95 $ 4,652.76
42402521 WESTLAKE ENTRADA Block F Lot 3 $ 55,822.95 $ 4,652.76
42402539 WESTLAKE ENTRADA Block F Lot 4 $ 55,822.95 $ 4,652.76
42402547 WESTLAKE ENTRADA Block F Lot 5 $ 573,328.26 $ 47,786.05
42402555 WESTLAKE ENTRADA Block F Lot 6X OPEN SPACE $ 38,272.00 $ 3,179.91
42402563 WESTLAKE ENTRADA Block G Lot 1 $ 840,881.45 $ 70,086.20
42402571 WESTLAKE ENTRADA Block G Lot 2 $ 55,822.95 $ 4,652.76
42402580 WESTLAKE ENTRADA Block G Lot 3 $ 55,822.95 $ 4,652.76
42402598 WESTLAKE ENTRADA Block G Lot 4 $ 55,822.95 $ 4,652.76
42402601 WESTLAKE ENTRADA Block G Lot 5 $ 55,822.95 $ 4,652.76
42402610 WESTLAKE ENTRADA Block G Lot 6X OPEN SPACE $ 38,272.00 $ 3,179.91
42402628 WESTLAKE ENTRADA Block H Lot 1 $ 229,331.30 $ 19,114.42
42402636 WESTLAKE ENTRADA Block H Lot 2 $ 55,822.95 $ 4,652.76
42402644 WESTLAKE ENTRADA Block H Lot 3 $ 55,822.95 $ 4,652.76
42402652 WESTLAKE ENTRADA Block H Lot 4 $ 55,822.95 $ 4,652.76
42402661 WESTLAKE ENTRADA Block H Lot 5 $ 435,102.37 $ 36,265.13
42402679 WESTLAKE ENTRADA Block H Lot 6X OPEN SPACE $ 38,272.00 $ 3,179.91
42402687 WESTLAKE ENTRADA Block J Lot 1 $ 229,331.30 $ 19,114.42
42402695 WESTLAKE ENTRADA Block K Lot 1 $ 1,299,334.23 $ 107,958.07
42402709 WESTLAKE ENTRADA Block K Lot 2 $ 1,299,334.23 $ 107,958.07
42402717 WESTLAKE ENTRADA Block K Lot 3 $ 1,211,946.51 $ 100,697.26
42402725 WESTLAKE ENTRADA Block K Lot 4 $ 1,594,921.61 $ 132,517.60
42402733 WESTLAKE ENTRADA Block K Lot 5 $ - $ -
42402741 WESTLAKE ENTRADA Block L Lot 1 $ 690,171.64 $ 57,344.44
42402750 WESTLAKE ENTRADA Block L Lot 2 $ 1,046,101.20 $ 86,917.64
42402768 WESTLAKE ENTRADA Block L Lot 3 $ 711,093.67 $ 59,082.79
42402776 WESTLAKE ENTRADA Block L Lot 4 $ 644,755.54 $ 53,570.94
42402784 WESTLAKE ENTRADA Block L Lot 5 $ 3,348,544.42 $ 278,221.24
42402792 WESTLAKE ENTRADA Block P Lot 1 SCHOOL BOUNDARY SPLIT $ 472,021.27 $ 39,218.93
42402806 WESTLAKE ENTRADA Block P Lot 4X OPEN SPACE SCHOOL BOUNDARY SPLIT $ - $ -
42402814 WESTLAKE ENTRADA Block P Lot SX OPEN SPACE $ - $ -
42402822 WESTLAKE ENTRADA Block Q Lot 1 $ 5,089,292.12 $ 424,080.33
42402831 WESTLAKE ENTRADA Block R Lot 1 $ 307,324.12 $ 25,534.71
42424567 WESTLAKE ENTRADA Block I Lot 1XRR PRIVATE ACCESS $ - $ -
42424575 WESTLAKE ENTRADA Block I Lot 2XRR OPEN SPACE $ - $ -
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 13
.
Parcel ID Legal Description � - �
42424583 WESTLAKE ENTRADA Block I Lot 3R $ 29,006.82 $ 2,417.68
42424591 WESTLAKE ENTRADA Block I Lot 4R $ 29,006.82 $ 2,417.68
42424605 WESTLAKE ENTRADA Block I Lot SR $ 38,221.88 $ 3,185.74
42424613 WESTLAKE ENTRADA Block I Lot 6R $ 29,006.82 $ 2,417.68
42424621 WESTLAKE ENTRADA Block I Lot 7R $ 38,221.88 $ 3,185.74
42424630 WESTLAKE ENTRADA Block I Lot 8R $ 38,221.88 $ 3,185.74
42424648 WESTLAKE ENTRADA Block I Lot 9R $ 29,006.82 $ 2,417.68
42424656 WESTLAKE ENTRADA Block I Lot 10R $ 38,221.88 $ 3,185.74
42424664 WESTLAKE ENTRADA Block I Lot 11R $ 38,221.88 $ 3,185.74
42424672 WESTLAKE ENTRADA Block I Lot 12R $ 38,221.88 $ 3,185.74
42424681 WESTLAKE ENTRADA Block I Lot 13R $ 38,221.88 $ 3,185.74
42424699 WESTLAKE ENTRADA Block I Lot 14R $ 38,221.88 $ 3,185.74
42424702 WESTLAKE ENTRADA Block I Lot 15XRR OPEN SPACE $ - $ -
42447052 WESTLAKE ENTRADA Block A Lot 1R $ 30,872.74 $ 2,565.13
42447061 WESTLAKE ENTRADA Block A Lot 2 $ 16,839.68 $ 1,399.16
42447079 WESTLAKE ENTRADA Block A Lot 3 $ 306,175.96 $ 25,439.31
42447087 WESTLAKE ENTRADA Block A Lot 4 OPEN SPACE $ - $ -
42447109 WESTLAKE ENTRADA Block O Lot 2RX OPEN SPACE $ - $ -
42447117 WESTLAKE ENTRADA Block O Lot 3RX OPEN SPACE $ - $ -
42447125 WESTLAKE ENTRADA Block 0 Lot 1R SCHOOL BOUNDARY SPLIT $ 38,272.00 $ 3,179.91
Total $ 30,895,000.00 $ 2,569,621.00
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 14
EXHIBIT B - NEW APPROVED PLATS
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Instrument#; D2181�2�64
PLAT A 3 PC�B $65_00
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0298992054
ANY PROviS�Or�WHICH R�Srr I�TS ThIE Sa�E, REF#TAL OR USE pF TFkE�ESC�raEi7 REAL PRbFERrY
6ECAUS�OF COLDFt p�i Rf1GE IS I�IVALILI AND UNEN�QRCEABLE U Nd�F2 FEQ�RAL LAW.
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 15
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 16
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 17
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 24
L EXHIBIT C- LAND USE CLASS
. . . . - . - .
Land Use Class 1 38.00 1.00 38.00 $ 58,797.94 $ 58,797.94 $ 2,234,321.65 $ 7,470.02 $ 7,470.02 $ 283,860.95 $ 2,518,182.60
Land Use Class 2 71.00 0.62 44.02 $ 58,797.94 $ 36,454.72 $ 2,588,285.24 $ 7,470.02 $ 4,631.42 $ 328,830.49 $ 2,917,115.73
Land Use Class 3 6.00 0.60 3.60 $ 58,797.94 $ 35,278.76 $ 211,672.58 $ 7,470.02 $ 4,482.01 $ 26,892.09 $ 238,564.67
Land Use Class 10 372.10 0.22 81.86 $ 58,797.94 $ 12,935.55 $ 4,813,303.88 $ 7,470.02 $ 1,643.41 $ 611,509.53 $ 5,424,813.41
Land Use Class 11 266.10 0.20 53.22 $ 58,797.94 $ 11,759.59 $ 3,129,226.27 $ 7,470.02 $ 1,494.00 $ 397,554.72 $ 3,526,781.00
Land Use Class 12 255.50 0.21 53.66 $ 58,797.94 $ 12,347.57 $ 3,154,803.37 $ 7,470.02 $ 1,568.71 $ 400,804.18 $ 3,555,607.56
Land Use Class 13 264.60 0.19 50.27 $ 58,797.94 5 11,171.61 $ 2,956,007.55 $ 7,470.02 5 1,419.30 $ 375,548.03 $ 3,331,555.58
324.63 • �: � ��� �� �
• • � � •
Land Use Class 4 42.00 1.00 42.00 $ 63,313.99 $ 63,313.99 $ 2,659,187.64 $ - $ - $ - $ 2,659,187.64
Land Use Class 5 16.00 0.68 10.96 $ 63,313.99 $ 43,350.99 $ 693,615.83 $ - $ - $ - $ 693,615.83
Land Use Class 6 69.00 0.52 35.85 $ 63,313.99 $ 32,899.33 $ 2,270,054.08 $ - $ - $ - $ 2,270,054.08
88.81
• • • • •
Land Use Class 7 21.00 1.00 21.00 $ 86,189.26 $ 86,189.26 $ 1,809,974.49 $ - $ - $ - $ 1,809,974.49
Land Use Class 8 23.00 0.68 15.64 $ 86,189.26 $ 58,608J0 $ 1,348,000.05 $ - $ - $ $ 1,348,000.05
Land Use Class 9 36.00 0.55 19.80 $ 86,189.26 $ 47,404.09 $ 1,706,547.37 $ - $ - $ - $ 1,706,547.37
56.44 •� •�
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 25
EXHIBIT D - LAND USE AND EQUIVALENT UNITS BY PARCEL ID
� �
. .
42447052 Commercial-Retail 2,200 10 0.22 0.48
42229845 42447061 Commercial-Retail 1,200 10 0.22 0.26
42447079 Commercial-Office 24,000 11 0.20 4.80
Commercial-Retail 7,000 10 0.22 1.54
42229993 42229993 Condo(2,500 sq.ft.to 3,600 sq.ft.) 3 2 0.62 1.86
Condo(Under 2,500 sq.ft.) 6 3 0.60 3.60
42230002 42230002 Commercial-Retail 3,460 10 0.22 0.76
42230011 42230011 Commercial-Retail 14,770 10 0.22 3.25
42230029 42230029 Commercial-Office 3,100 11 0.20 0.62
42230037 42230037 Commercial-Office 2,300 11 0.20 0.46
42229977 42229977 Commercial-Retail 12,100 10 0.22 2.66
42229985 42229985 Commercial-Retail 3,600 10 0.22 0.79
42402792 Commercial-Office 37,000 11 0.20 7.40
42400439 Commercial-Office 80,000 11 0.20 16.00
42402318 Commercial-Retail 72,472 10 0.22 15.94
42402326 Public - - -
42402334 Commercial-Office 60,433 11 0.20 12.09
42402679 Commercial-Office 3,000 11 0.20 0.60
42402610 Commercial-Office 3,000 11 0.20 0.60
42402555 Commercial-Office 3,000 11 0.20 0.60
42402491 Commercial-Office 5,000 11 0.20 1.00
42402351 Public - - -
42402342 Commercial-Retail 67,263 10 0.22 14.80
42229853 42402369 Commercial-Hos italit 61,500 12 0.21 12.92
42402377 Commercial-Retail 20,200 10 0.22 4.44
42402385 Commercial-Retail 5,000 10 0.22 1.10
42402393 Commercial-Retail 8,000 10 0.22 1.76
42402423 Commercial-Retail 2,100 10 0.22 0.46
42402407 Commercial-Retail 15,000 10 0.22 3.30
42402415 Commercial-Retail 12,500 10 0.22 2.75
42402831 Commercial-Retail 21,900 10 0.22 4.82
Commercial-Retail 5,000 10 0.22 1.10
42402741 Condo(More than 3,600 sq.ft.) 6 1 1.00 6.00
Condo 2,500 s .ft.to 3,600 s .ft. 6 2 0.62 3.72
42402822 Commercial-Institutional 33,000 13 0.19 6.27
42346426 42346426 Commercial-Office 22,000 11 0.20 4.40
Commercial-Retail 37,800 10 0.22 8.32
42402784 Condo(More than 3,600 sq.ft.) 20 1 1.00 20.00
Condo 2,500 5 .ft.to 3,600 5 .ft. 39 2 0.62 24.18
42402768 Commercial-Retail 23,400 10 0.22 5.15
Condo More than 3,600 s .ft. 6 1 1.00 6.00
42402776 Commercial-Retail 23,400 10 0.22 5.15
42229853 Condo 2,500 s .ft.to 3,600 5 .ft. 8 2 0.62 4.96
42402695 Commercial-Hos italit 97,000 12 0.21 2037
42402709 Commercial-Hos italit 97,000 12 0.21 20.37
Commercial-Retail 5,000 10 0.22 1.10
42402750 Condo(More than 3,600 sq.ft.) 6 1 1.00 6.00
Condo 2,500 s .ft.to 3,600 s .ft. 15 2 0.62 930
42402717 Commercial-Institutional 100,000 13 0.19 19.00
42402725 Commercial-Institutional 131,600 13 0.19 25.00
42229861 4244�125 Commercial-Office - 11 0.20 -
42229870 Commercial-Office 3,000 11 0.20 0.60
42229853 42400447 Commercial-Office 36 000 11 0.20 7.20
Notes:
The proposed uses for each Parcel are provided by the Developer.
TOWN OF WESTLAKE,TEXAS 26
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE
� �
. �
42229969 42229969 Villa-West Residential(Under 2,500 sq.ft.) 24 6 0.52 12.47
42402687 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 6 5 0.68 4.11
42402628 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 6 5 0.68 4.11
42402636 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402644 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402652 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402661 Villa-West Residential(Under 2,500 sq.ft.) 15 6 0.52 7.79
42402563 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 22 5 0.68 15.06
42402571 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402580 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402598 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402601 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42229853 42402504 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402512 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402521 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402539 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402547 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 15 5 0.68 10.27
42402466 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402474 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402482 Villa-West Residential(More than 3,600 sq.ft.) 1 4 1.00 1.00
42402431 Villa-West Residential(Under 2,500 sq.ft.) 10 6 0.52 5.20
Villa-West Residential(More than 3,600 sq.ft.) 9 4 1.00 9.00
42402458 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 5 5 0.68 3.42
Villa-West Residential(Under 2,500 sq.ft.) - 6 0.52 -
42345462 42424583 Villa-West Residential(Under 2,500 sq.ft.) 1 6 0.52 0.52
42345471 42424591 Villa-West Residential(Under 2,500 sq.ft.) 1 6 0.52 0.52
42345489 42424605 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345497 42424613 Villa-West Residential(Under 2,500 sq.ft.) 1 6 0.52 0.52
42345501 42424621 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345519 42424630 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345527 42424648 Villa-West Residential(Under 2,500 sq.ft.) 1 6 0.52 0.52
42345535 42424656 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345543 42424664 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345551 42424672 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345560 42424681 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42345578 42424699 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331160 42331160 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331178 42331178 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331186 42331186 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331194 42331194 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331208 42331208 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
42331216 42331216 Villa-West Residential(2,500 sq.ft.to 3,600 sq.ft.) 1 5 0.68 0.68
144 �
Notes:
The proposed uses for each Parcel are provided by the Developer.
� �
. �
Villa-East Residential(More than 3,600 sq.ft.) 21 7 1.00 21.00
42229853 42402822 Villa-East Residential(2,500 sq.ft.to 3,600 sq.ft.) 23 8 0.68 15.64
Villa-East Residential(Under 2,500 sq.ft.) 36 9 0.55 19.80
80
Notes:
The proposed uses for each Parcel are provided by the Developer.
� � -
TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 27
EXHIBIT E -SERIES 2015 BONDS DEBT SERVICE SCHEDULE
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 28
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 29
EXHIBIT F - REIMBURSEMENT AGREEEMENT- PART A DEBT SERVICE SCHEDULE
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 30
EXHIBIT G - REIMBURSEMENT AGREEEMENT- PART B DEBT SERVICE SCHEDULE
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TOWN OF WESTLAKE,TEXAS
SOLANA PID 2019 ANNUAL SERVICE PLAN UPDATE 31
Town Cou nci I
Item # 6
No supporting
documentation
6. CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH STATE LAW. THIS ITEM IS
THE FIRST OF TWO PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX
INCREASE. AS THE PROPOSED TAX RATE ($0.16018 PER $100) EXCEEDS THE
EFFECTIVE TAX RATE ($0.14483 PER$100), TRUTH-IN-TAXATION REQUIRES
THAT THE TOWN COUNCIL HOLD TWO PUBLIC HEARINGS ON THE PROPOSAL.
THE SECOND PUBLIC HEARING WILL BE HELD ON SEPTEMBER 9, 2019, AT TOWN
HALL. TOWN COUNCIL WILL VOTE ON THE TAX RATE DURING THE REGULAR
MEETING ON SEPTEMBER 23, 2019. BOTH MEETINGS WILL TAKE PLACE AT
TOWN HALL IN THE COUNCIL CHAMBERS AT 1500 SOLANA BLVD., BLDG. 7, STE.,
7100, WESTLAKE, TEXAS.
Town Cou nci I
Item # 8 — Executive
Session
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- Front 44
- The Knolls
Town Cou nci I
Item # 9 — Reconvene
Council Meeting
Town Cou nci I
Item #10 — Necessary Action
NECESSARY ACTION
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Trophy Club Municipal District No. 1
b. Section 551.087 Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1) for the
following:
- Front 44
- The Knolls
Town Cou nci I
Item # 11 — Future
Agenda Items
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under "Future Agenda Item Requests", an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item's relationship to the Council's strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town Cou nci I
Item # 12 — Adjournment
Regular Session