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HomeMy WebLinkAbout07-17-14 Regular Meeting of the Planning and Zoning Commission City of La Porte Planning and Development Department Established 1892 Tim Tietjens, Director CityofLaPorte PlanningandZoningCommissionAgenda Noticeisherebygivenofa RegularMeeting oftheLaPortePlanningandZoningCommissionto beheldon Thursday,July17,2014,at6:00p.m.atCityHallCouncilChambers,604West FairmontParkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagenda listedbelow: 1.Calltoorder. 2.Rollcallofmembers. 3.Considerapprovalofmeetingminutes:June19,2014. 4.ConsiderapprovalofaPreliminaryPlatfortheBaysideCrossingsubdivision;asingle familyresidentialdevelopmentconsistingof73lotson17.2135acreslocatednorthand westoftheintersectionofSpencerHighwayandSensRoad(Applicant:BeazerHomes). 5.ConsiderapprovalofaFinalPlatfortheBaysideCrossingsubdivision;asinglefamily residentialdevelopmentconsistingof73lotson17.2135acreslocatednorthandwest oftheintersectionofSpencerHighwayandSensRoad(Applicant:BeazerHomes). 6.Discussiononsecurityandsurveillancesystemrequirementsforhotel/moteluses. 7.UpdateonprogressofChapter106ZoningOrdinanceReview. 8.Administrativereports. 9.Commissioncommentsonmatterappearingontheagendaorinquiryofstaffregarding specificfactualinformationorexistingpolicy. 10.Adjourn. AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting. However,noactionwillbetakenbytheCouncil. IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019. CityofLaPorte604W.FairmontParkwayPhone:(281)4715020 PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005 www.laportetx.gov PlanningandZoningCommissionAgenda Thursday,July17,2014 Page2 CERTIFICATION IcertifythatacopyoftheThursday,June19,2014agendaofitemstobeconsideredbythe PlanningandZoningCommissionwaspostedontheCityHallbulletinboardonthe11dayof July,2014. Title: CityofLaPorte604W.FairmontParkwayPhone:(281)4715020 PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005 www.laportetx.gov PlanningandZoningCommission MinutesofJune19,2014 CommissionersPresent:RichardWarren,HelenLaCour,MarkFollis,WyattSmith,andHalLawler CommissionersAbsent:PhillipHoot,DorettaFinch,LouAnnMartin,andLesBird CityStaffPresent:AssistantCityManagerTraciLeach,PlanningDirectorTimTietjens,City PlannerEricEnsey,GISManagerBrianSterling,CityAttorneyKnox Askins,andPlanningCoordinatorPeggyLee Calltoorder. 1. MeetingcalledtoorderbyChairmanHalLawlerat6:00p.m. RollCallofMembers. 2. CommissionersWarren,LaCour,Follis,Smith,andLawlerwerepresentforrollcall. Considerapprovalofmeetingminutes:May15,2014. 3. MotionbyCommissionerWarrentoapprovetheMay15,2014,meetingminutes. SecondbyCommissionerLaCour.Motioncarried. Ayes:CommissionersWarren,LaCour,Follis,Smith,andLawler Nays: ConsiderarecommendationforapprovaltotheCityCouncilofarequestbytheapplicantJose 4. AngelSandovalJr.(onbehalfofthepropertyownerEddieV.Gray,Trustee)torezonethe propertyknownasReserve1oftheFairmontParkEastBusinessParkReserves1,3,4,5,and6 subdivisionplatfromGC,GeneralCommercial,toR1,LowDensityResidential. ChairmanLawleropenedthepublichearingat6:04p.m. CityPlannerEricEnseypresented{ƷğŅŅ͸ƭReportforarequestbyJoseSandovaltorezonea.809 acresitealongFarringtonBoulevardtotheeastandnorthofFairmontParkwayfromGeneral CommercialtoLowDensityResidentialforthepurposeofconstructingasinglefamilyresidence atsomepointinthefuture.TheCitydidnotreceiveanyresponsesfromthepublicnotification mailout. AngelSandoval,theapplicant,requestedfavorableconsiderationoftherezone.Mr.Sandoval doesnotplantobuildahomeonthepropertyforanother23years. ChairmanLawlerclosedthepublichearingat6:19p.m. MotionbyCommissionerFollistorecommendapprovaltotheCityCouncilforrezoningReserve 1oftheFairmontParkBusinessParkReserves1,3,4,5,and6subdivisionplatfromGeneral Commercial(GC)toLowDensityResidential(R1),subjecttotheconditionthattheapplicantbe PlanningandZoningCommission MinutesofJune19,2014 Page2of3 requiredtoreplatthesubjectpropertytoremovethecurrentcommercialrestrictionfromthe FairmontParkEastBusinessParksubdivisionplat,withinsixmonthsfromthedateofCouncil approval. SecondbyCommissionerWarren.Motioncarried. Ayes:CommissionersWarren,LaCour,Follis,Smith,andLawler Nays: Discussionorotheractionregardingcurrentandpotentialprovisionsrelatedtohotels/motels. 5. CityPlannerEricEnseyrecappedthe/ƚƒƒźƭƭźƚƓ͸ƭrecommendationfromtheMay15,2014, meetingonamendmentstothe/źƷǤ͸ƭregulationsconcerninghotel/moteldevelopment, generallydescribedasfollows: AmendtheCodeofOrdinances,Section106441,TableA,Footnote4,fromͻğķƆğĭĻƓƷƷƚͼto ͻǞźƷŷźƓ250ŅĻĻƷͼandrequireaspecialconditionalusepermitforanyhotel/moteldevelopment within250feetofanyresidentialdevelopment.Thiswouldalsoapplytohotels/motelsthatmay developwithintheindustrialzones,sinceusesintheGCzoningdistrictarealsoallowedinthe industrialzones. TheCommissionagreedthechangesshouldbeincorporatedwiththeoverallamendmentsto Chapter106oftheCodeofOrdinances. Additionally,theCommissionrequestedtherebearequirementforhotel/moteldevelopments toinstallsecuritycamerasatbuildingingress/egresslocations.Staffwilldevelopverbiageto thateffectforfurtherreviewbytheCommission. UpdateonprogressofChapter106ZoningOrdinanceReview. 6. CityPlannerEricEnseyprovidedtheCommissionwithadraftsetofdesignguidelinesfor neighborhoodcommercial,generalcommercialandbusinessindustrialzones.The subcommitteeisworkingtoincorporatetheseguidelinesintoChapter106. SubcommitteemembersdiscussedtheirprogressandareplanningtopresenttheChapter106 updatestotheCommissionattheJulyorAugustmeeting. AdministrativeReports 7. PlanningDirectorTimTietjenswelcomedCommissionerWyattSmithtothegroup.Mr.Tietjens spokeoftheupcomingAmericanPlanningAssociationConferencebeinganexcellent educationalopportunityfornewmembers. CommissionCommentsonmattersappearingontheagendaorinquiryofstaffregardingspecific 8. factualinformationorexistingpolicy. CommissionerswelcomedMr.SmithtotheCommission.Mr.Smiththankedstafffortheir assistanceinpreparinghimforthemeeting. PlanningandZoningCommission MinutesofJune19,2014 Page3of3 Adjourn 9. MotionbyCommissionerWarrentoadjourn.SecondbyCommissionerLaCour.Motioncarried. Ayes:CommissionersWarren,LaCour,Follis,Smith,andLawler Nays: ChairmanLawleradjournedthemeetingat6:50p.m. Respectfullysubmitted, PeggyLee Secretary,PlanningandZoningCommission PassedandApprovedon________________________,2014. HalLawler Chairman,PlanningandZoningCommission CityofLaPorte,Texas PlanningandZoningCommission July17,2014 AGENDAITEM4 ConsiderapprovalofaPreliminaryPlatfortheBaysideCrossingsubdivision; asinglefamilyresidentialdevelopmentconsistingof73lotson17.2135acres locatednorthandwestoftheintersectionofSpencerHighwayandSensRoad (Applicant:BeazerHomes). 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting July17,2014 BaysideCrossingPreliminaryPlat PlanningandDevelopmentDepartment StaffReport ISSUE ShouldthePlanningandZoningCommissionapprovethePreliminaryPlatforBayside Crossing? RECOMMENDATION StaffrecommendsthePlanningandZoningCommissionapprovetheBaysideCrossing PreliminaryPlat. DISCUSSION !ƦƦƌźĭğƓƷ͸ƭRequest: Theapplicant,BeazerHomes,isrequestingapprovalofaPreliminaryPlatforthe BaysideCrossingsubdivision.TheattachedExhibitAistheproposedpreliminaryplat. The17.2135acresitewillconsistof73lowdensitysinglefamilyresidentiallotsranging insizefrom6,000squarefeetto12,445squarefeet.Additionally,theapplicantis proposingfour(4)reserve/restrictedlots.Two(2)ofwhicharelandscapedentryand drainagetractsandanotheroneisaportionofadetentionpondallthreearetobe maintainedbythehomeownersassociationandtheotherisapublicpocketparktobe totheCity. dedicated BackgroundInformation: ThisrequestwaspresentedtothePlanningandZoningCommissionattheMay15,2014 regularmeeting.TheCommissionvotedunanimouslytodisapprovethepreliminaryplat withoutprejudicesubjecttotheapplicantresolvingaminorissueconcerningproposed fillontheadjacentlargelotresidentialpropertiestothenorthofthesubdivision.The attachedExhibitBisacopyofthestaffreportpresentedtotheCommissionattheMay , 152014meetingforreferencepurposes. Thegradingplanindicatesasignificantgradedifferencebetweentheproposed subdivisionandthelargelotresidentialpropertiesadjacenttothenorth.Theapplicant hascompletednegotiationswiththeadjacentpropertyownersonafillanddrainage easementandrecordedthoseeasementswithHarrisCounty.TheattachedExhibitC includescopiesoftherecordedeasement.Asaresult,staffisrecommendingthatthe Commissionapprovetheproposedpreliminaryplatapplication. 1 PlanningandZoningCommissionRegularMeeting July17,2014 BaysideCrossingPreliminaryPlat Additionally,theCommissiondiscussedpotentialtrafficimpactsoftheproposed subdivision.Inresponsetothediscussion,staffhasincludedthetrafficimpactanalysis preparedbytheapplicantaspartofthisreportasExhibitD.Basedontheanalysis providedinthereport,theproposeddevelopmentwillhavenoadverseimpactsupon thelocalstreetnetworkduringtheweekdaymorningandeveningpeakhours. ATTACHMENTS ExhibitA:BaysideCrossingPreliminaryPlat ExhibitB:May15,2014StaffReport ExhibitC:RecordedFillEasements ExhibitD:TrafficImpactAnalysis 2 EXHIBIT B Staff ReportMay 15, 2014 Bayside Crossing Subdivision -- Preliminary Plat North and West of Sens Road and Spencer Highway Preliminary Plat Approval ISSUE Should the Planning and Zoning Commission approve the Preliminary Plat for Bayside Crossing? RECOMMENDATION Staff recommends the Planning and Zoning Commission disapprove without prejudice the Bayside Crossing Preliminary Plat subject to the necessary corrections. Upon resolution of this issue, the preliminary plat will be deemed approved. Based on this recommended motion, the applicant will not have to return to the Commission for this item. DISCUSSION Applicant’s Request: The applicant, Beazer Homes, is requesting approval of a Preliminary Plat for the Bayside Crossing subdivision. The attached Exhibit B is the proposed preliminary plat. The 17.2135-acre site will consist of 73 low density single family residential lots ranging in size from 6,000 square feet to 12,445 square feet. Additionally, the applicant is proposing four (4) reserve/restricted lots. Two (2) of which are landscaped entry and drainage tracts and another one is a portion of a detention pond all three are to be maintained by the homeowners association and the other is a public pocket park to be dedicated to the City. Background Information: The subject site is 17.2135 acres and is situated north and west of the intersection of Sens Road and Spencer Highway. The subdivision will be accessed from Sens Road. The attached Exhibit A is an Aerial Vicinity Map showing the location of the proposed subdivision. The site is currently zoned R-1 and is vacant. The following table summarizes the surrounding zoning and land uses: EXHIBIT B Bayside Crossing Subdivision Preliminary Plat Page 2 of 4 Zoning Land Use North R-1, Low Density Existing single family residential (Spencer ResidentialLanding Subdivision) Existing large lot residential LL, Large Lot Residential Vacant GC, General Commercial South GC, General Commercial Vacant WestR-1, Low Density Existing single family residential (Spencer ResidentialLanding Subdivision) EastGC, General Commercial Existing credit union across Sens Road The site is bisected by a 50-foot pipeline easement. Discussion: Residential requirements. Section 106-333(a) includes the various zoning requirements for residential development (see the attached Exhibit C). 1.Single family detached development requires a minimum lot area of 6,000 square feet. The proposed Bayside Crossing Preliminary Plat fully complies with this lot area requirement. 2.The code requires a minimum 50 foot lot width. In this case a majority of the lots comply with this requirement. Lot width is defined in the code as “the minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building.” There are no buildings constructed to calculate such measurement. However, assuming that all houses will be constructed behind the required front setback, staff measures the lot width at that point and finds that all lots comply with the minimum lot width requirement. 3.Yard setbacks are as follows: front-25 feet, sides-5 feet, rear-15 feet. Front setbacks have been called out on the preliminary plat document. All setbacks will be verified at the time building permits are issued for each house. 4.The maximum height allowed for a single family detached structure is 35 feet and will be verified with the issuance a of building permit for each house. 5.The minimum site area per unit for single family detached development is 9,100 square feet. The proposed Bayside Crossing subdivision is proposed at 10,271 square feet. The maximum dwelling units per acre is 4.8 while the proposed subdivision is at 4.2 D.U./acre, which is less dense than the code allows. The proposed subdivision is in compliance with these code requirements. 6.The maximum lot coverage is 40% and will be verified at the time building permits are issued for each house. 2 EXHIBIT B Bayside Crossing Subdivision Preliminary Plat Page 3 of 4 Staff finds that the proposed preliminary plat is in compliance with the residential requirements set forth in Section 106-33(a) of the City’s Code of Ordinances. Grading. The grading plan indicates a significant grade difference between the proposed subdivision and the large lot residential properties adjacent to the north. The applicant has initiated discussion with the adjacent property owners on a fill and drainage easement. However, at the time this staff memorandum was prepared those easements were not signed by the property owners and recorded with Harris County. Before the preliminary plat can be deemed approved, these easements will need to be completed and recorded with the County and referenced on the final plat, which will be submitted at a later date. In staff’s review of the application, another item of concern associated with this grading difference was whether the proposed fill could result in drainage issues for those properties to the north by creating a dam-effect. The applicant has proposed to address this issue by providing a swale on those properties to the north that would drain into the existing culvert along Sens Road. The attached Exhibit D includes a Backfill Grading and Swale Exhibit that shows the proposed swale. This document is not part of the actual preliminary plat documents, but staff will ensure that it is included as part of the subdivision construction drawings. Staff is confident that the propose swale will accommodate the necessary drainage flows and will not negatively impact those properties to the north of the proposed subdivision. Detention. The applicant has provided the required drainage for the subdivision. There are two ponds proposed as a result of the 50-foot pipeline easement that bisects the property. Both ponds are proposed to be dry-bed ponds, meaning they are not designed to hold water for extended periods of time. In fact, they are intended to collect water during rain events and allow the run-off exit at historic flows with the remainder at the bottom of the ponds to soak into the ground over time. A portion of Pond A and all of Pond B are located on the adjacent property to the south. These ponds have been designed to accommodate the drainage requirements for the Bayside Crossing Subdivision as well as any future development on the property zoned GC to the south. The applicant will be responsible for constructing both detention ponds. Per the recorded maintenance easements, the maintenance of the ponds will be the future responsibility of the subdivision’s homeowners association. Park Land Dedication and Park Development Fees. Section 12.01-12.02 of the City’s Land Development Ordinance (see the attached Exhibit E) requires one acre of park land be dedicated for every 93 proposed dwelling units. In this case, the applicant is proposing to dedicate approximately .02 acres of land to the City for a pocket park. The ordinance also allows for a cash payment in lieu of that dedication. The ordinance requires payment of $490 per dwelling unit to satisfy the cash payment in lieu of land dedication. This payment is due at the time of building permit for each individual dwelling unit. 3 EXHIBIT B Bayside Crossing Subdivision Preliminary Plat Page 4 of 4 In this case because the applicant is proposing donation of the land for the pocket park, the applicant will receive credit for the land donation. Staff will work with the applicant to determine the value of the land dedicated for the park, as this value will be reduced from the cash payment in lieu of land dedication for each lot due at the time of building permit. In addition to the cash payment in lieu of land dedication, the applicant is responsible for payment of a park development fee at the time of building permit. Section 12.02 of the Land Development Ordinance requires payment of a $318 fee per dwelling unit. As a result, at the time of building permit issuance for each lot the applicant will be responsible for payment of $482 + $318 = $800 to cover the cash payment in lieu of land dedication and park development fee. ATTACHMENTS Exhibit A: Aerial Vicinity Map Exhibit B: Bayside Crossing Preliminary Plat Exhibit C: Section 106-333(a) of the City’s Code of Ordinances Exhibit D: Backfill Grading and Swale Exhibit Exhibit E: Section 12.01-12.02 of the City’s Land Development Ordinance 4 EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT C EXHIBIT D BaysideCrossingDevelopment TrafficImpactAnalysis PreparedFor: PreparedBy: Cobb,Fendley&Associates TBPERegisteredFirmNo.274 March13,2014 March2014 EXHIBIT D EXHIBIT D EXHIBIT D EXHIBIT D EXHIBIT D Figure 2. Bayside Crossing Site Plan Page 5 EXHIBIT D EXHIBIT D EXHIBIT D FIGURE 4 AM Peak Hour 2014 Existing 2192 Total Network Vol: Sens Road 468 144 293 471 34 Spencer HwySpencer Hwy 189 935 657 89 318 Sens Road Page 8 EXHIBIT D FIGURE 5 PM Peak Hour 2014 Existing 2883 Total Network Vol: Sens Road 742 122 923 737 64 Spencer HwySpencer Hwy 87 678 508 83 540 Sens Road Page 9 EXHIBIT D FIGURE 6 AM Peak Hour 2016 Background 2303 Total Network Vol: Sens Road 492 151 308 495 36 Spencer HwySpencer Hwy 199 982 690 94 334 Sens Road Page 10 EXHIBIT D FIGURE 7 PM Peak Hour 2016 Background 3029 Total Network Vol: Sens Road 780 128 970 774 67 Spencer HwySpencer Hwy 91 712 534 87 567 Sens Road Page 11 EXHIBIT D EXHIBIT D FIGURE 8 AM Peak Hour Generated Trips 2303 Total Network Vol: Sens Road 21% Bayside Crossing Drive 9 33 Bayside Crossing Entering14 Entering14 Exiting42 3 21% Spencer HwySpencer Hwy 6 43% 15% Sens Road Page 13 EXHIBIT D FIGURE 9 PM Peak Hour Generated Trips 3029 Total Network Vol: Sens Road 26% Bayside Crossing Drive 7 20 Bayside Crossing Entering47 Entering47 Exiting27 15 32% Spencer HwySpencer Hwy 11 23% 19% Sens Road Page 14 EXHIBIT D FIGURE 10 AM Peak Hour Proposed Traffic 2317 Total Network Vol: Sens Road 495 Bayside Crossing Drive 9 33 Bayside Crossing Crossing 154 308 498 36 Spencer HwySpencer Hwy 205 988 690 94 336 Sens Road Page 15 EXHIBIT D FIGURE 11 PM Peak Hour Proposed Traffic 3076 Total Network Vol: Sens Road 792 Bayside Crossing Drive 7 20 Bayside Crossing Crossing 143 774 985 67 Spencer HwySpencer Hwy 102 723 534 87 576 Sens Road Page 16 EXHIBIT D LOSControl Delay/Vehicle (s/veh) A10 B> 10 and 20 C> 20 and 35 D> 35 and 55 E> 55 and 80 F> 80 LOSControl Delay/Vehicle (s/veh) A10 B> 10 and 15 C> 15 and 25 D> 25 and 35 E> 35 and 50 F> 50 EXHIBIT D EXHIBIT D D EXHIBIT Int. Total 379211772379211772 100.0100.0 794179583821203941264617234764727595021487 128315149346233554284580242559176500196507224554134383137528132505165635183679190783158736147685152555131464108357137370126296 913118329486276 ----32.2--- Total App. Count Name: Spencer Hwy at Sens Rd LeftThruRightU-TurnPeds ----- 00000000000000000000000000000000 -19.470.610.00.016.06.222.83.20.0 Start Date: 02/19/2014 -----100.0100.0100.0100.0------ 634872804247861607955156220734621028083461771908342114200915312617078521561604837831403914671004418531204815629077299310078251151206327959046680220541210817023209970 257196524740335193573720179842654501162110511011335114160112261263104181114386801322214622012814126180168251101205068649764018665382550188173526793780188173526793780 Eastbound Spencer Site Code: 1 Page No: 1 Total App. LeftThruRightU-TurnPeds ----- 00000000000000000101100010000022 100.0100.0100.0100.0100.0 -21.966.911.10.128.43.510.71.80.0 ---------- 4455530595334097954100926249080102680677301108613820333841212592091333841212592091 Northbound103964603032820623012886870143195113013215611501541150170557532305201213341103602611439017441641011521853602102483601933864100729121264321285368115023829861302073711417019016548092011833553 015517424012215292010621312046966110100 Bay Area (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 Turning Movement Data C. J. Hensch & Associates Inc. 5215 Sycamore Ave. Total App. LeftThruRightU-TurnPeds ----- 00000000000000000101000000000011 -6.373.120.60.023.51.820.75.90.0 100.0100.0100.0100.0- ---------- 8052415096736160139859360126761290441271809601061277390987964008810814109841044603903335816608059026089668180878551707525114033121264750101613533014411106350147151504501911515523058347546136017627227 310212121953101631016037013511146330686607281320115812225081696200734812106136518033021364840276120924406890276120924406890 Westbound Spencer Total App. LeftThruRightU-TurnPeds ----- 00000000000000000000000000000000 % Car100.0100.0100.0100.0 Approach %23.247.729.00.1Total %5.411.26.80.0 *** BREAK ***-------- Southbound Hourly Total95294511Hourly Total101212761Hourly Total105129961Hourly Total1202661970Hourly Total1422852590Hourly Total781311210 6:00 AM17521106:15 AM18651306:30 AM201081106:45 AM40691617:00 AM28661207:15 AM23542107:30 AM24412217:45 AM26512108:00 AM26332018:15 AM30332608:30 AM31322408:45 AM18312604:00 PM23423604:15 PM31694404:30 PM32674804:45 PM34886905:00 PM30806605:15 PM52847605:30 PM31676505:45 PM29545206:00 PM25444606:15 PM17343006:30 PM20312206:45 PM1622230Grand Total6411317800364113178003 Sens Rd Start Time Car Ped D EXHIBIT -- - ----- 100.0 ----- 100.0 ----- - ---- % Ped D EXHIBIT Count Name: Spencer Hwy at Sens Rd Start Date: 02/19/2014 Site Code: 1 Page No: 3 Spencer \[E\] OutInTotal 352933386867 000 352933386867 689244020900 00001 689244020901 RTLUP Turning Movement Data Plot (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 C. J. Hensch & Associates Inc. 8001317641300000080013176413014121259209000002141212592092 RTLUPULTRP 5215 Sycamore Ave. OutInTotalOutInTotal 268627615447268627615447190518813786190518813786 000000 Bay Area \[S\] Sens Rd \[N\] 02/19/2014 6:00 AM02/19/2014 7:00 PM Ending At Car Ped ULTRP 073526793780 00000 073526793780 744437923652 000 744437923652 TotalInOut Spencer \[W\] D EXHIBIT Int. Total 0.8230.945100.0100.0 93521939352193 233554284580242559176500 --42.6----- Total App. Count Name: Spencer Hwy at Sens Rd LeftThruRightU-TurnPeds ------ 000000 0.9580.8590.7820.7950.000 -20.270.39.50.014.58.630.04.10.0 Start Date: 02/19/2014 100.0100.0100.0100.0----------- 7955156220734621028083461771908342114200 318189657890318189657890 Eastbound Spencer Site Code: 1 Page No: 4 Total App. LeftThruRightU-TurnPeds ------ 000000 Turning Movement Peak Hour Data (6:30 AM)0.8230.5920.8710.6920.000 -14.274.511.30.021.52.110.81.60.0 100.0100.0100.0100.0- ---------- 97954100 Northbound103964601288687014319511304714523736047145237360 Bay Area (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 C. J. Hensch & Associates Inc. 5215 Sycamore Ave. Total App. LeftThruRightU-TurnPeds ------ 000000 0.8440.7080.7630.9000.000 -7.262.230.60.021.41.613.46.60.0 100.0100.0100.0100.0- ---------- 139859360126761290106127739098796400469342931440469342931440 Westbound Spencer Total App. LeftThruRightU-TurnPeds ------ 000000 PHF0.6940.6880.7140.250% Car100.0100.0100.0100.0 Approach %23.763.312.80.2Total %5.113.52.70.0 -------- Southbound 6:30 AM201081106:45 AM40691617:00 AM28661207:15 AM2354210111297601111297601 Sens Rd Start Time Total% Ped Car Ped D EXHIBIT Count Name: Spencer Hwy at Sens Rd Start Date: 02/19/2014 Site Code: 1 Page No: 5 Spencer \[E\] OutInTotal 8044711275 000 Turning Movement Peak Hour Data Plot (6:30 AM) 8044711275 1442933400 00000 1442933400 RTLUP (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 C. J. Hensch & Associates Inc. 602971111000000602971111004523736000000045237360 RTLUPULTRP 5215 Sycamore Ave. Peak Hour Data OutInTotalOutInTotal 57146910405714691040 420318738420318738 000000 Bay Area \[S\] Sens Rd \[N\] 02/19/2014 6:30 AM02/19/2014 7:30 AM Ending At Car Ped ULTRP 0189657890 00000 0189657890 1333935398 000 1333935398 TotalInOut Spencer \[W\] D EXHIBIT Int. Total 0.8920.920100.0100.0 67828836782883 183679190783158736147685 --23.5----- Total App. Count Name: Spencer Hwy at Sens Rd LeftThruRightU-TurnPeds ------ 000000 0.8040.8370.8700.6690.000 -12.874.912.20.018.73.017.62.90.0 Start Date: 02/19/2014 100.0100.0100.0100.0----------- 112261263101322214622012814126180168251101205408750883054087508830 Eastbound Spencer Site Code: 1 Page No: 6 Total App. 100.0 LeftThruRightU-TurnPeds ----- 010011 Turning Movement Peak Hour Data (4:45 PM)0.8100.9210.7570.8090.000 -25.963.910.20.032.04.912.01.90.0 100.0100.0100.0100.0- ---------- Northbound19338641002853681150238298613020737114170923140345550923140345550 Bay Area (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 C. J. Hensch & Associates Inc. 5215 Sycamore Ave. Total App. LeftThruRightU-TurnPeds ------ 000000 0.8750.5930.8120.8240.000 -6.979.813.20.025.72.225.64.20.0 100.0100.0100.0100.0- ---------- 19115155230176272273102121219531016310160370742647371220742647371220 Westbound Spencer Total App. LeftThruRightU-TurnPeds ------ 000000 PHF0.7070.9060.9080.000 Approach %19.843.037.20.0Total %5.111.19.60.0 % Car100.0100.0100.0--------- Southbound 4:45 PM34886905:00 PM30806605:15 PM52847605:30 PM316765014731927601473192760 Sens Rd Start Time Total% Ped Car Ped D EXHIBIT Count Name: Spencer Hwy at Sens Rd Start Date: 02/19/2014 Site Code: 1 Page No: 7 Spencer \[E\] OutInTotal 7109231633 000 Turning Movement Peak Hour Data Plot (4:45 PM) 7109231633 1227376400 00000 1227376400 RTLUP (281) 487-5417 denniscox@cjhensch.com Pasadena, Texas, United States 77503 C. J. Hensch & Associates Inc. 2763191470000000276319147000140345550000010140345551 RTLUPULTRP 5215 Sycamore Ave. Peak Hour Data OutInTotalOutInTotal 5547421296554742129646654010064665401006 000000 Bay Area \[S\] Sens Rd \[N\] 02/19/2014 4:45 PM02/19/2014 5:45 PM Ending At Car Ped ULTRP 087508830 00000 087508830 18316781153 000 18316781153 TotalInOut Spencer \[W\] EXHIBIT D EXHIBIT D Summary of Multi-Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Bayside Crossing Open Date: Phase: Analysis Date: 3/12/14 Description: Bayside Crossing Development located in LaPorte, Texas. _____________________________________________________________________________________ 24 Hour AM Pk Hour PM Pk Hour Two-Way ITE:Land Use Volume Enter Exit Enter Exit ___________________________________________________________________________________ 210: Single Family Detached Housing 704 14 42 47 27 74 Dwelling Units \[R\] _______________________________________________________________________________ Total Driveway Volume 704 14 42 47 27 Total Peak Hour Pass-By Trips 0 0 0 0 Total Peak Hour Vol. Added to Adjacent Streets 14 42 47 27 _____________________________________________________________________________________ Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC EXHIBIT D EXHIBIT D HCM 2010 Signalized Intersection Summary2014 AM Existing 3/13/2014 1: Sens Road & Spencer Highway MovementEBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Lane Configurations Volume (veh/h)1896578934293144452373611129760 Number5212161638187414 Initial Q (Qb), veh000000000000 Ped-Bike Adj(A_pbT)1.001.001.001.001.001.001.001.00 Parking Bus Adj1.001.001.001.001.001.001.001.001.001.001.001.00 Adj Sat Flow veh/h/ln186.3186.3190.0186.3186.3190.0190.0190.0190.0190.0190.0190.0 Lanes130130120120 Cap, veh/h313138918750520221568811331531005200 Arrive On Green0.180.290.290.030.140.140.030.270.270.080.330.33 Sat Flow, veh/h177448256491774372515831810322848618103080612 Grp Volume(v), veh/h1995332533630815247145142117191185 Grp Sat Flow(s),veh/h/ln177418631748177418631583181019001814181019001792 Q Serve(g_s), s7.78.78.91.55.76.71.94.44.54.75.65.7 Cycle Q Clear(g_c), s7.78.78.91.55.76.71.94.44.54.75.65.7 Prop In Lane1.000.371.001.001.000.271.000.34 Lane Grp Cap(c), veh/h31310735035052022156519495153620585 V/C Ratio(X)0.640.500.500.720.590.690.830.280.290.770.310.32 Avail Cap(c_a), veh/h55519259031451064452197519495344620585 HCM Platoon Ratio1.001.001.001.001.001.001.001.001.001.001.001.00 Upstream Filter(I)1.001.001.001.001.001.001.001.001.001.001.001.00 Uniform Delay (d), s/veh28.121.821.835.429.730.135.421.021.133.018.618.6 Incr Delay (d2), s/veh2.10.40.817.21.13.825.61.31.57.81.31.4 Initial Q Delay(d3),s/veh0.00.00.00.00.00.00.00.00.00.00.00.0 %ile Back of Q (50%), veh/ln3.43.83.70.92.62.81.22.12.12.42.62.5 Lane Grp Delay (d), s/veh30.222.122.652.730.833.961.122.422.540.719.920.0 Lane Grp LOSCCCDCCECCDBC Approach Vol, veh/h985496334493 Approach Delay, s/veh23.933.327.924.9 Approach LOSCCCC Timer Assigned Phs52163874 Phs Duration (G+Y+Rc), s19.027.28.116.38.326.112.230.0 Change Period (Y+Rc), s6.06.06.06.06.06.06.06.0 Max Green Setting (Gmax), s23.038.06.021.08.018.014.024.0 Max Q Clear Time (g_c+I1), s9.710.93.58.73.96.56.77.7 Green Ext Time (p_c), s3.64.30.01.50.10.90.21.2 Intersection Summary HCM 2010 Ctrl Delay26.7 HCM 2010 LOSC Notes BaselineSynchro 8 Report Page 1 EXHIBIT D Timing Report, Sorted By Phase2014 AM Existing 3/13/2014 1: Sens Road & Spencer Highway Phase Number12345678 MovementWBLEBTNBLSBTEBLWBTSBLNBT Lead/LagLeadLagLagLeadLagLeadLeadLag Lead-Lag OptimizeYesYesYesYesYesYesYesYes Recall ModeNoneNoneNoneMaxNoneNoneNoneMax Maximum Split (s)1244143029272024 Maximum Split (%)12.0%44.0%14.0%30.0%29.0%27.0%20.0%24.0% Minimum Split (s)1022102210221022 Yellow Time (s)44444444 All-Red Time (s)22222222 Minimum Initial (s)44444444 Vehicle Extension (s)33333333 Minimum Gap (s)33333333 Time Before Reduce (s)00000000 Time To Reduce (s)00000000 Walk Time (s) Flash Dont Walk (s) Dual EntryNoYesNoYesNoYesNoYes Inhibit MaxYesYesYesYesYesYesYesYes Start Time (s)01286562705676 End Time (s)12560865627760 Yield/Force Off (s)650948050217094 Yield/Force Off 170(s)650948050217094 Local Start Time (s)880744415884464 Local Yield (s)943882683895882 Local Yield 170(s)943882683895882 Intersection Summary Cycle Length100 Control TypeActuated-Uncoordinated Natural Cycle70 Splits and Phases: 1: Sens Road & Spencer Highway BaselineSynchro 8 Report Page 2 EXHIBIT D HCM 2010 Signalized Intersection Summary2016 AM Background 1: Sens Road & Spencer Highway EXHIBIT D Timing Report, Sorted By Phase2016 AM Background 1: Sens Road & Spencer Highway EXHIBIT D HCM 2010 Signalized Intersection Summary2016 AM Proposed 1: Sens Road & Spencer Highway EXHIBIT D Timing Report, Sorted By Phase2016 AM Proposed 1: Sens Road & Spencer Highway EXHIBIT D HCM 2010 Signalized Intersection Summary2014 PM Existing 1: Sens Road & Spencer Highway EXHIBIT D Timing Report, Sorted By Phase2014 PM Existing 1: Sens Road & Spencer Highway EXHIBIT D HCM 2010 Signalized Intersection Summary2016 PM Background 1: Sens Road & Spencer Highway EXHIBIT D Timing Report, Sorted By Phase2016 PM Background 1: Sens Road & Spencer Highway EXHIBIT D HCM 2010 Signalized Intersection Summary2016 PM Proposed 1: Sens Road & Spencer Highway EXHIBIT D Timing Report, Sorted By Phase2016 PM Proposed 1: Sens Road & Spencer Highway EXHIBIT D HCM 2010 TWSC2016 AM Proposed 2: Sens Road & Bayside Crossing Drive EXHIBIT D HCM 2010 TWSC2016 PM Proposed 2: Sens Road & Bayside Crossing Drive CityofLaPorte,Texas PlanningandZoningCommission July17,2014 AGENDAITEM5 ConsiderapprovalofaFinalPlatfortheBaysideCrossingsubdivision; asinglefamilyresidentialdevelopmentconsistingof73lotson17.2135acres locatednorthandwestoftheintersectionofSpencerHighwayandSensRoad (Applicant:BeazerHomes). 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting July17,2014 BaysideCrossingFinalPlat PlanningandDevelopmentDepartment StaffReport ISSUE ShouldthePlanningandZoningCommissionapprovetheFinalPlatforBaysideCrossing? RECOMMENDATION StaffrecommendsthePlanningandZoningCommissionapprovetheBaysideCrossing FinalPlatsubject. DISCUSSION !ƦƦƌźĭğƓƷ͸ƭRequest: Theapplicant,BeazerHomes,isrequestingapprovalofaFinalPlatfortheBayside Crossingsubdivision.TheattachedExhibitAistheproposedfinalplat.The17.2135acre sitewillconsistof73lowdensitysinglefamilyresidentiallotsranginginsizefrom6,000 squarefeetto12,445squarefeet.Additionally,theapplicantisproposingfour(4) reserve/restrictedlots.Two(2)ofwhicharelandscapedentryanddrainagetractsand anotheroneisaportionofadetentionpondallthreearetobemaintainedbythe tothe homeownersassociationandtheotherisapublicpocketparktobededicated City. : BackgroundInformation TheBaysideCrossingPreliminaryPlatwasinitiallypresentedtothePlanningandZoning CommissionattheMay15,2014regularmeeting.TheCommissionvotedunanimously todisapprovethepreliminaryplatwithoutprejudicesubjecttotheapplicantresolvinga minorissueconcerningproposedfillontheadjacentlargelotresidentialpropertiesto thenorthofthesubdivision.Asaresult,theapplicantpresentedtherevisedpreliminary th platconcurrentlywiththefinalplatattheJuly17meeting.ShouldtheCommission approvethepreliminaryplat,thenconsiderationcanbemadeontheapprovalofthe finalplatfollowingsaidapproval. Analysis: Staffhasreviewedthefinalplatandcomparedittothepreliminaryplatforaccuracy andconsistency.Stafffindstheproposedfinalplatisconsistentandcomplieswithall applicablerequirements. 1 PlanningandZoningCommissionRegularMeeting June19,2014 BaysideCrossingFinalPlat TheapplicanthasprovidedthenecessarylettersfromtheĭźƷǤ͸ƭfranchiseutility providersacceptingtheproposedeasements(ExhibitB).TheCityofLatƚƩƷĻ͸ƭ DevelopmentOrdinancerequiresletterstobesubmittedfromCenterPointEnergy, ComcastandAT&T. Additionally,thecityrequiressubmittalofacopyoftheproposeddeedrestrictions establishingacommunityassociationaspartoffinalplatreview.Theapplicanthas providedthenecessaryCertificationofFormationoftheBaysideCrossingCommunity Association(ExhibitC)andDeclarationofCovenants,ConditionsandRestrictionsfor BaysideCrossing(ExhibitD). Finally,staffhasreviewedandapprovedthepublicutilityandinfrastructure constructiondrawingsfortheproject.Theapprovedconstructionplanscomplywiththe ĭźƷǤ͸ƭPublicImprovementCriteriaManual(PICM)andhasbeenapprovedbytheCity EngineerandtheĭźƷǤ͸ƭPublicWorksdepartment. ATTACHMENTS ExhibitA:BaysideCrossingFinalPlat ExhibitB:PublicUtilityLetters ExhibitC:CertificationofFormationoftheBaysideCrossingCommunityAssociation ExhibitD:DeclarationofCovenants,ConditionsandRestrictionsforBayside Crossing 2 EXHIBIT B EXHIBIT B July 10, 2014 EricEnsey CityofLaPorte 604W.FairmontPkwy LaPorte,TX77571 Bayside Crossing ” Re: No Objection for a Preliminary Plat of “. Mr. Ensey, Please accept this letter as notification that Comcast of Houston LLC, herein referred to as Comcast has no objections to the proposed Plat of Bayside Crossing, contained in the following description. A Single-Family Residential Development being 17.3705 Acres tract of land out of the Richard Pearsall Survey, Abstract 625 located in Harris County, Texas 4 blocks, 73 lots and 6 restricted reserves. Please feel free to contact me at 713-637-5025 with any questions that you may have. Sincerely, Chris Grey Construction Supervisor, Design and Serviceability 8590 W Tidwell, Houston, TX 77040 EXHIBIT B Ensey, Eric From:Miller, David \[David_Miller4@cable.comcast.com\] Sent:Thursday, July 10, 2014 10:01 AM To:Ensey, Eric Cc:Bill Odle Subject:Bayside Crossing NO Letter Bayside Crossing NO Letter.docx Attachments: Ifanyquestionsletmeknow. Engineering Tech Comcast Houston 8590 W Tidwell Rd Houston, TX 77040 512.497.6744 Cell David_Miller4@cable.comcast.com 1 EXHIBIT B EXHIBIT C Certificate of Formation Bayside Crossing Community Association, Inc. The undersigned acting as organizerof a corporation under the Texas Business Organizations Code, does hereby adopt the following Certificate of Formationfor such corporation: ARTICLE I The name of the corporation is Bayside Crossing CommunityAssociation, Inc., hereafter referred to as “Association”. ARTICLE II The Association is a Texas non-profit corporation, and shall have all the powers and duties specified in and allowable underthe Texas Business Organizations Code. No part of the assets or net earnings of theAssociation shall inure to the benefit of, or be distributable to its members, directors, trustees, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of the purposes set forth in Article IV below. No substantial part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Association shall not participate in, or intervene in (including publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of thisCertificateof Formation, the Association shall not carry on any other activities not permitted to be carried on by a Association exempt from federal income tax under Section 501(c)(4) of the Internal Revenue Code or corresponding section of any future federal tax code. ARTICLE III The period of theAssociation’s duration is perpetual. ARTICLE IV The purposes for which theAssociation is formed are: (a)The enforcement and administering of the provisions of the Declaration of Covenants, Conditions and Restrictions for Bayside Crossing(the “Declaration”) which has been or will be recorded in the Official Public Records of Harris County, Texas (the “Subdivision”) and any other property which is subsequently annexed and made subject to the authority of the Association. In order to carry out such general purposes, the Association shall have the general power to: (1)Fix Assessments (or charges) to be levied against Lots, and establish services, without the obligation to so provide, for the benefit of the Members; (2)Insofar as permitted by law, thisCertificate of Formation, the Bylaws, the Declaration or any other Dedicatory Instruments, to do any other EXHIBIT C thing of a similar nature that will promote the common benefit and enjoyment of the Owners of theSubdivision, as authorized by the Certificate of Formation, Bylaws, Declaration, any other Dedicatory Instrument or permitted by law. (b)Without limiting the foregoing general statement of purposes and powers, the Association shall have the power to: (1)Cause to be kept a complete record of all its receipts and disbursements hereunder and maintain a statement thereof and a summary of the major activities on an annual basis; (2)Monitor all agents and employees of the Association hereunder and to see that their duties are properly performed; (3)Fix, levy and collect the amount of the Assessments and other charges to be levied against each Lot; (4)Buy or otherwise acquire, sell, or otherwise dispose of, mortgage, or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any purpose of the Association, which shall include the power to foreclose its lien on any property subject to the Declaration by judicial or non- judicial means; (5)Procure and maintain liability insurance upon the Board of Directors, its agents and employees, and insurance as deemed appropriate by the Board of Directors on Association assets or any other proper purpose; (6)Exercise all powers reasonably necessary to effectuate the purposes of theAssociation; (7)Manage, control, operate, maintain, preserve, repair and improve the Common Areas and any property subsequentlyacquired by the Association, or any other property owned by another for which the Association, by rule, regulation, Declaration, or contract, has a right or duty to provide such services. (8)Borrow money for any purpose subject to such limitations as may be contained in the Dedicatory Instruments; (9)Enter into, make, perform and enforce contracts of every kind and description, and to do all other acts necessary, appropriate or advisable in carrying out any purpose of the Association, includingbut not limited toenforcement of the architectural control provisions contained in the Declaration; (10)Provide or contract for services benefiting the Subdivisionand/or the Owners including, without limitation or obligation, garbage removal and any and all supplemental municipal services as may be necessary or desirable; (11)Contract with other associations, organizations, or groups to provide for the maintenance of property adjacent to or adjoining the Subdivision; 2 EXHIBIT C (12)Spend money for the improvement or maintenance of property in the vicinity of the Subdivisionsubject to the Declaration, or adjacent to or adjoining such property; (13)Suspend the rights of any Owner, their guest or tenants to vote or use the Common Areas; (14)Promulgate reasonable rules and regulations, adopt Board policies, and implement fines for violation of said rules and regulations; (15)Enforce any and all covenants, conditions, restrictions and agreements applicable to the Subdivision; (16)Compromise, participate in mediation, submit toarbitration, release with or without consideration, extend time for payment, and otherwise adjust any claims in favor of or against the Association; (17)Commence or defend any litigation in the Association’s name with respect to the Association or any Association property;and (18)Control the appearance of the Subdivision. The foregoing enumeration of powers shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the terms or provisions of any other clause, but shall be regarded as independent powers. TheAssociation shall not engage in any activities or exercise any powers that are not in furtherance of the purposes of theAssociation as set forth above in Paragraphs (a) and (b) of this Article IV. TheAssociation is organized pursuant to the Texas Business Organizations Code and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes and nothing contained in the foregoing statement of purposes shall be construed to authorize theAssociation to carry on any activity for the profit of its members, or to distribute any gains, profits or dividends to its members as such. ARTICLE V The Association shall be a membership corporation without certificates or shares of stock. All Owners, by virtue of their ownership of a Lot in the Subdivisionsubject to the Declaration, are Members of the Association. The Members shall be divided into two (2) classes and entitled to vote in accordance with the provisions contained in the Bylawsand the Declaration. Every person or entity who is a record owner of any Lot is entitled to membership and voting rights in the Association and shall be a Class A Member with the exception of the Declarant. The Declarant and its designees shall be the Class B Membership. Membership is appurtenant to, and inseparable from, ownership of a Lot. ARTICLE VI The mailing address of the initial registered office of the Association is __________________________,and the name of its initial registered agent at such address is ______________________________. 3 EXHIBIT C ARTICLE VII The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors. The Board may delegate such operating authority to such companies, individuals or committees as it, in its discretion, may determine. The initial Board of Directors shall consist of the following three (3) members, or their replacements,and shall serve an initial term until the Development Period expires pursuant tothe Declaration: NameAddress 1. Greg Coleman10235 West Little York, Suite 200 Houston, Texas 77040 2. Vanessa Perez10235 West Little York, Suite 200 Houston, Texas 77040 3. Julie Glass10235 West Little York, Suite 200 Houston, Texas 77040 The number of directors after the initial Board of Directors may be changed by the Association or the Board of Directors as set forth in the Bylaws. ARTICLE VIII ThisCertificate of Formationmay be amended by two-thirds (2/3) of the votes allocated to those Owners present at a meeting at which a quorum is present, provided, however, during the Development Period, the joinder of the Declarant will also be required. ARTICLE IX To the fullest extent permitted by Texas statutes, as the same exist or as they may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits broader limitation than permitted prior to such amendment), a director or the Association shall not be liable to the Association for monetary damages for an act or omission in the director’s capacity as a director. Any amendment of thisCertificate of Formationshall be prospective only and shall not adversely offset any limitation on the personal liability of a director of the Association existing at the time of such repeal or amendment. (a)Subject to the exceptions and limitations contained in Article IX (b) hereof: (1)Every person who is or has been a director, officer, or managing agent of the Association shall be indemnified by the Association to the fullest extent permitted by law against liability and against all expenses reasonably incurred or paid by him in connection with any demand, claim, action, suit (or threat thereof) or proceeding in which he becomes involved as a party or otherwise by virtue of his being or having been a director or officer and against amounts paid or incurred by him in the settlement thereof; 4 EXHIBIT C (2)The words “claim,” “action,” “suit,” or “proceeding” shall apply to all claims, actions, suits, or proceedings (civil,criminal, or other, including appeals), actual or threatened, made or commenced subsequent to the adoption of this Certificate of Formation; and the words “liability” and “expenses” shall include, without limitation, attorneys’ fees, costs, judgments, amounts paid in settlement, fines, penalties, and other liabilities. (b)No indemnification shall be provided hereunder to a director or officer or any other individual: (1)Against any liability to the Association by reason of willful misfeasance, bad faith,gross negligence, breach of fiduciary duty, criminal misconduct or reckless disregard of the duties involved in the conduct of his office; (2)With respect to any matter as to which he shall have been finally adjudicated not to have acted in good faith inthe reasonable belief that his action was in the best interest of the Association; (c)The rights of indemnification herein provided may be insured against by policies maintained by the Association, shall be severable, shall not affect any other rights towhich any director or officer now or hereafter may be entitled, shall continue as to a person who has ceased to be a director or officer and shall inure to the benefit of the heirs, executors, and administrators of such a person. (d)Expenses in connection with the preparation and presentation of a defense to any claim, action, suit, or proceeding of the character described in Article IX hereof may be advanced by the Association before final disposition thereof upon receipt of an undertaking by or on behalf of the director or officers, secured by a surety bond or other suitable insurance issued by a company authorized to conduct such business in the State of Texas, to repay such amount if it is ultimately determined that he is not entitled to indemnification under Article IX. ARTICLE X THE ASSOCIATION, ITS BOARD OF DIRECTORS AND OFFICERS, ITS MANAGER, EMPLOYEES, AGENTS AND/OR ITS ATTORNEYS, (“ASSOCIATION AND RELATED PARTIES”) SHALL NOT IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE SUBDIVISION. NEITHER SHALL THE ASSOCIATION AND RELATED PARTIES BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. LOT OWNERS AND OCCUPANTS, AS APPLICABLE, ACKNOWLEDGETHAT THE ASSOCIATION AND RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVISES, OR SECURITY SYSTEMS (IF ANY ARE PRESENT) WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD- 5 EXHIBIT C UP OR OTHERWISE, NOR THAT FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVISES OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. LOT OWNER AND OCCUPANTS, AS APPLICABLE, ACKNOWLEDGEAND UNDERSTAND THAT THE ASSOCIATION AND RELATED PARTIES ARE NOT INSURERSAND THAT EACH LOT OWNER AND OCCUPANT ASSUMES THE RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS AND TO THE CONTENTS OF LOTS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION AND RELATED PARTIES HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY LOT OWNER OR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVISES OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE SUBDIVISION. ARTICLE XI The Association may be wound-up and/or terminated only as provided in the Bylawsand by the laws of the State of Texas. ARTICLE XII The name and streetaddress of the organizeris: NameAddress Greg Coleman10235 West Little York, Suite 200 Houston, Texas 77040 ARTICLE XIII In case of the resignation, death, failure, incapacity, removal or refusal to serve of any of the said initial directors prior to the end of the initial term, the remaining directors may appoint a substitute director or directors to serve the remainder of said initial term. The judgment of the directors, whether the directors are the initial directors or substitute directors in the expenditure of funds of theAssociation shall be final and conclusive, so long as such judgment is exercised in good faith. ARTICLE XIV The Bylawsof theAssociation shall be adopted by the Board of Directors of the Association and shall thereafter be amended or altered by a majority vote of the Board of Directors of theAssociation. ARTICLE XVI All capitalized terms used in thisCertificate of Formationshall be defined in the same manner as defined in the Declaration, which definitions are incorporated herein by this reference. 6 EXHIBIT C IN WITNESS WHEREOF, for the purpose of forming theAssociation under the laws of the State of Texas, I, the undersigned, constituting the organizerof theAssociation, have executed thisCertificate of Formationon this the _____day of ___________________, 2014. ORGANIZER: By: GREG COLEMAN, Organizer 7 EXHIBIT D DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BAYSIDE CROSSING After Recording Return To: Stephanie Quade Roberts Markel Weinberg Butler Hailey PC th 2800 Post Oak Blvd., 57Floor Houston, Texas 77056 Copyright © 2014by Roberts MarkelWeinbergButler HaileyPC,all rights reserved. This Declaration may be used only in connection with the Bayside Crossing Subdivision and the operation of the Bayside Crossing CommunityAssociation, Inc. EXHIBIT D TABLE OF CONTENTS ................................................................................................................5 ARTICLE I.DEFINITION OF TERMS .................................................................................................................8 ARTICLE II.PURPOSE AND INTENT .................................................................................9 ARTICLE III.PROPERTY SUBJECT TO RESTRICTIONS A.PIE........................................................................................................................9 ROPERTY NITIALLY NCUMBERED B.AAP................................................................................................................9 NNEXATION OF DDITIONAL ROPERTY C.D-P...............................................................................................................................9 EANNEXATION OF ROPERTY ................9 ARTICLE IV.ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND BOARD OF DIRECTORS A.E............................................................................................................................................................9 LIGIBILITY B.M..........................................................................................................................................................9 EMBERSHIP C.VR....................................................................................................................................................10 OTING IGHTS ........................................................................................................................................10 1.Class A Membership ........................................................................................................................................10 2.Class BMembership D.VP...........................................................................................................................................10 OTING ROCEDURES E.RA/EBD..................................................................................................10 IGHT TO PPOINTLECT OARD OF IRECTORS .....................................................................................11 ARTICLE V.EFFECTIVE DATE OF DECLARATION .....................................................................................................................11 ARTICLE VI.USE RESTRICTIONS A.RUP.............................................................................................................................11 ESIDENTIAL SES ERMITTED B.N-PU..........................................................................................................................................12 ONERMITTED SES C.AP...............................................................................................................................................13 NIMALS AND ETS D.A............................................................................................................................................................14 NTENNAS E.BGB................................................................................................................14 ASKETBALL OALS AND ACKBOARDS F.CA....................................................................................................................................................14 OMMON REA G.ESD.....................................................................................................................15 XTERIOR EASONAL ECORATIONS H.FF.........................................................................................................................................15 LAGS AND LAGPOLES I.GN...........................................................................................................................................15 ENERAL UISANCES J.MF....................................................................................................................................16 ONUMENTS AND ENCES K.O.....................................................................................................................................................17 UTBUILDINGS L.OSTC.........................................................................................................17 UTSIDE TORAGE AND RASH OLLECTION M.PPV....................................................................................................................17 ARKING AND ROHIBITED EHICLES N.PS................................................................................................................................................18 LAY TRUCTURES O.S...........................................................................................................................................................18 CREENING Q.SP/S........................................................................................................................................20 WIMMING OOLSPAS R.TR....................................................................................................................................................20 REE EMOVAL S.WACU......................................................................................................................20 INDOW IRONDITIONING NITS T.WT...................................................................................................................................................21 IND URBINES U.WT.........................................................................................................................................21 INDOW REATMENTS .......................................................................................................21 ARTICLE VII.NOTICES AND EASEMENTS A.EGB,FWOLR.................................................21 ASEMENTS FOR REEN ELTLOOD ATER AND THER ANDSCAPE ESERVES B.ESAP......................................................................................................22 ASEMENTS TO ERVE DDITIONAL ROPERTY C.UG.......................................................................................................................................22 TILITIES AND ENERAL D.CU...............................................................................................................................................23 OMMERCIAL SES E.R.............................................................................................................................................................23 ESERVES F.E..........................................................................................................................................................24 ASEMENTS G.PME...........................................................................................................................24 OND AINTENANCE ASEMENT .....................................................................................25 ARTICLE VIII.DEED RESTRICTION ENFORCEMENT A.APR,PG...........................................................................25 UTHORITY TO ROMULGATE ULESOLICIES AND UIDELINES Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D B.A’FF...............................................................................................................................25 TTORNEYS EES AND INES C.R.............................................................................................................................................................25 EMEDIES D.EO...................................................................................................................................26 NFORCEMENT BY WNERS E.SH............................................................................................................................................................26 ELF ELP ..........................................................................................27 ARTICLE IX.ARCHITECTURAL RESTRICTIONS A.ARC-“ARC”....................................................................................................27 RCHITECTURAL EVIEW OMMITTEE B.ARCAR...................................................................................................................................28 PPROVAL EQUIRED C.BS.............................................................................................................................................29 UILDING ETBACKS D.L.......................................................................................................................................................30 ANDSCAPING E.GD.....................................................................................................................................30 RADING AND RAINAGE F.TS.....................................................................................................................................30 EMPORARY TRUCTURES G.G..............................................................................................................................................................30 ARAGES H.MSF.................................................................................................................................30 INIMUM QUARE OOTAGE I.MR......................................................................................................................................31 ASONRY EQUIREMENT .............................................................................................................................31 ARTICLE X. MAINTENANCE A.GM......................................................................................................................................31 ENERAL AINTENANCE B.L.......................................................................................................................................................31 ANDSCAPING C.DIE...........................................................................................................31 WELLING AND MPROVEMENT XTERIORS D.OH..................................................................................................................................................31 THER AZARDS E.L,CA..........................................................................................................................32 IABILITYOST AND PPROVAL F.CL................................................................................................................................................32 ASUALTY OSSES ..............................................................................................32 ARTICLE XI.STANDARDS AND PROCEDURES ...................................................................................................................................33 ARTICLE XII.VARIANCES .......................................................................................................33 ARTICLE XIII.LIMITATION OF LIABILITY ...............................................................................................................................34 ARTICLE XIV.ASSESSMENTS A.CLPOA..................................................................34 REATION OF THE IEN AND ERSONAL BLIGATION OF SSESSMENTS B.PA....................................................................................................................................34 URPOSE OF SSESSMENTS C.AA..........................................................................................................................................35 NNUAL SSESSMENT ..........................................................................................................................................................35 1.Creation .................................................................................................................................................................35 2.Rate ................................................................................................................................................35 3.Commencement .........................................................................................................................................................36 4.Proration ................................................................................................................................36 5.Levying of the Assessment D.SA...........................................................................................................................................36 PECIAL SSESSMENT E.CRA....................................................................................................37 OLLECTION AND EMEDIES FOR SSESSMENTS F.SLPMM.........................................................................38 UBORDINATION OF THE IEN TO URCHASE ONEY ORTGAGES G.ND.....................................................................................................................................39 OTICE OF ELINQUENCY .......................................................39 ARTICLE XV.MODIFICATION AND TERMINATION OF COVENANTS A.D..........................................................................................................................................................39 ECLARANT B.O...............................................................................................................................................................40 WNERS .......................................................................................41 ARTICLE XVI.ALTERNATE DISPUTE RESOLUTION A.DR...........................................................................................................................................41 ISPUTE ESOLUTION B.OM..............................................................................................................................................41 UTSIDEEDIATOR C.MNW...............................................................................................................................41 EDIATION IS OT A AIVER D.ACLF..............................................................................................41 SSESSMENT OLLECTION AND IEN ORECLOSURE E.T....................................................................................................................................................................41 ERM ..............................................................................................................42 ARTICLE XVII.GENERAL PROVISIONS ii Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D A.S......................................................................................................................................................42 EVERABILITY B.CL......................................................................................................................................42 OMPLIANCE WITH AWS C.GN..........................................................................................................................................42 ENDER AND UMBER D.H...........................................................................................................................................................42 EADLINES E.GL..................................................................................................................................................42 OVERNING AW F.FV.........................................................................................................................................42 INES FOR IOLATIONS G.BR...........................................................................................................................................42 OOKS AND ECORDS H.N...............................................................................................................................................................43 OTICES I.M.............................................................................................................................................................43 ERGERS J.CAO....................................................................................................................43 URRENT DDRESS AND CCUPANTS K.S.............................................................................................................................................................43 ECURITY L.VI................................................................................................................................................44 IEW MPAIRMENT M.V,DCSA.................................................................................44 IDEOATAAND OMMUNICATION ERVICE GREEMENTS N.OB..............................................................................................................................................44 CCUPANTS OUND O.TTRC......................................................................................................44 RANSFER OF ITLE AND ESALE ERTIFICATE iii Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BAYSIDE CROSSING STATE OFTEXAS§ § COUNTY OF HARRIS§ ThisDeclaration of Covenants, Conditions and Restrictions for Bayside Crossing, is made on the date hereinafter set forth by Beazer Homes Texas, L.P., a a Delaware limited partnership, hereinafter referred to as the “Declarant.” W I T N E S S E T H: WHEREAS, Declarant is the owner of certain property in HarrisCounty, Texas platted as Bayside Crossing, asubdivision of 17.2135acres and also beingout of the Richard Pearsall Survey, Abstract 625, according to the map or plat thereof, filed on the ____day of ______________ _____________, 2014,under Clerk’s File No. (the “Plat”) in the Plat Records of HarrisCounty, Texas (the “Property”and/or “Bayside Crossing”, which term(s)shall include additional land as same may be annexed into the Bayside Crossingsubdivision and made subject to this Declaration); and WHEREAS, Declarant desires to develop the Property contained within the Subdivision (as same is defined hereinbelow) as a single-family, residential use subdivision, and to provide and adopt a uniform plan of development including assessments, conditions, covenants, easements, reservations, and restrictions designed to govern the Property contained within the Subdivision; and WHEREAS, Declarant desiresto subject the Property, together with additional land as may hereinafter be made subject hereto, to the assessments, conditions, covenants, easements, reservations, and restrictions hereinafter set forth, for the benefit of the Property, additions thereto, and each Owner of any part thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the amenities in said Subdivision and enforcement of this Declaration, to create an Association (hereinafter defined) to which shall be delegated and assigned the authority to administer and enforce these assessments, conditions, covenants, easements, reservations and restrictions, including levying, collecting and disbursing the Assessments (hereinafter defined); and WHEREAS, there has been or will be incorporated one or more non-profit corporations created under the laws of the State of Texas, including the first being the Bayside Crossing Community Association, Inc. Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. The Directors of which Association either have or will establish certain Bylawsby which the Association shall be governed through its Board of Directors, for the purpose of exercising the functions aforesaid and any other duties as set out in the Bylawsand/or other Dedicatory Instruments. 4 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D NOW, THEREFORE, Declaranthereby declaresthat the Property shall be developed, improved, sold, used and enjoyed in accordance with, and subject to the following plan of development, including the assessments, conditions, covenants, easements, reservations, and restrictions hereinafter set forth, all of which are hereby adopted for, and placed upon the Lots within the Subdivision and shall be covenants runningwith the land and be binding on all parties, now and at anytime hereinafter having or claiming any right, title or interest in the Property or any part thereof, their heirs, executors, administrators, successors and assigns, regardless of the source of, or the manner in which any such right, title or interest is or may be acquired, and shall inure to the benefit of each Owner of any part of the Property. The Property is subject to this Declaration, which may be amended or supplemented from time to time. Additionally, the Property is located within the Reinvestment Zone Number One, City of La Porte, Texas (the “TIRZ”) and is further subject to that certain Development Agreement between and among the City of La Porte, Texas, the TIRZ, the La Porte Redevelopment Authority and theDeclarant. If any conflict exists between all or anyportion of the, the ordinances of the City of La Porte, the Development Agreementor the Declaration, the more restrictive provision shall control. ARTICLE I.DEFINITION OF TERMS The following words when used herein shall have the following meanings when capitalized (unless the context requires otherwise and then the term is not capitalized): A.“ARC” means the Architectural Review Committee established for the Property as set forth in this Declaration. B.“Assessment” means the assessments levied against all Lots for the purposes set out hereinor any other charge authorized by this Declaration, the Bylaws, or rules and regulations. C.“Association” means one or more non-profit corporations, including its successors, assigns, or replacements, created under the laws of the State of Texas, with the first being the Bayside Crossing Community Association, Inc. Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. No more than one such non-profit corporation shall be in existence at any one time. The Association is a Texas non-profit corporation thathas jurisdiction over all properties located within the Subdivision , as same may be amended from time to time as additional property is annexed into the Subdivision (hereinafter defined) as allowed under this Declaration.For purposes of clarity, when “Association” is used herein, that term includes the authority, rights, remedies and obligations of the nonprofit corporation, and the authority of the Board, as defined herein, to carry out the authority, rights, remedies and obligations of the Association. D.“Board” means the Board of Directors of the Association as provided withinthe Bylaws. 5 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D E.“Builder” means an individual or entity that purchases a single or multiple Lots from the Declarant for the purpose of constructing Dwellings thereon, which Dwellings will be offered for sale to purchasers. “Builder” shall not include an individual or entity constructing additions onto a Dwelling already in existence, performing repairs or maintenance or re-constructing or replacing a Dwelling after demolition or destruction, either partial or complete. F.“Bylaws” mean the Bylawsof the BaysideCrossingCommunity Association, Inc., as they may be amended from time to time. G.“Common Area” means all real property owned in fee or held in easement, lease, or licenseby the Association for the common use and/or enjoyment of the Owners and shall include areas designated by Declarant to be conveyed by deed or easement to the Association. H.“Community Wide Standard” means the standard of conduct, maintenance, or other activity generally prevailing throughout the Subdivision. Such standards may be defined in the Guidelines or rules and regulations. Such standards may be specifically determined, and modified, by the Declarant at any time during the Development Period, and thereafter by the Board and/or the ARC. I.“Declarant” means Beazer Homes Texas, L.P., a Delaware limited partnership, its successors and assigns as same may be evidenced by a written instrument recorded in the real property records of the HarrisCounty Clerk’s office. J."Development Period" means the period of time that Declarant reserves the right to facilitate the development, construction and marketing of the Subdivision and the right to direct the size, shape and composition of the Subdivision, which retained rights shall be vested in the Declarant until Declarant no longer owns any portion of the Property or such time as Declarant assigns or relinquishes all of its retained rights. K.“Declaration” means this Declaration of Covenants, Conditions, and Restrictions for Bayside Crossing, which encumbers the Property, andany other property brought under the control of this Declaration, or any supplemental declaration, annexation agreementand/or amendment thereto. L.“Dedicatory Instruments” shall mean each document governing the establishment, maintenance and operation of the Subdivision, including but not limited to the Declaration, Bylaws, Certificate of Formation,and similar instruments governing the administration or operation of the Association, as well as any and all rules, Guidelines and policies, and any supplements or amendments to such documents, enforceable by the Association. M.“Deed Restriction Violation” means a condition on a Lot that does not comply with the terms and conditions of all Dedicatory Instruments covering the establishment, maintenance, and operation of the Subdivision. Failure to pay all amounts due and owing ona Lot shall also be considered a Deed Restriction Violation. 6 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D N.“Dwelling” means a main residential structure constructed on a Lot or Homesite intended for single family residential use. O.“Guidelines” means general, architectural, and/or builder guidelines, and application and review procedures, if any, that may set forth various standards relating to exterior harmony of any and all improvements placed upon or constructed on any Lot and/or construction types and aesthetics, which Guidelines may be promulgated and amended by the Declarant (during the Development Period) and thereafter by the Association or the ARC, without notice to Owners. There shall be no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. Guidelines may be promulgated by the Association, ARC, or Declarant, pursuant to the terms set forth herein, and enforceable by the Association. P.“Hardscape” shall include but not be limited to such items as rocks, landscape timbers, railroad ties, fountains, statuary, sculpture, terracing materials, lawn swings, and yard art. Q.“Homesite” means one or more Lots upon which a single-family Dwelling may be erected subject to this Declaration. R.“Lot” means a parcel of Property defined as one Lot by the Plat and/or any replat thereof recorded in the real property records of HarrisCounty, Texas, and encumbered by this Declaration, and restricted to single-family residential use. Homesites may becomprised of more than one Lot; each such Lot will be subject to the rights and duties of membership in the Association. There shall be an Assessment due for each Lot owned as defined by the then-plat of record, subject to the limitations herein. Notwithstanding anything contained herein to the contrary, this definition shall not include any Lot for so long as it is being used by Declarant as a model home Lotand/or a sales information center. S.“Member” means anOwner, as defined in this Article, subject to the provisions set forth in this Declaration. T.“Member in Good Standing” shall mean Declarant and a Member (a) who is not delinquent in the payment of any Assessment against the Member’s Lot or any interest, late charges, costs or reasonable attorney’s fees added to such Assessment under the provisions of the Dedicatory Instruments or as provided by law, (b) who is not delinquent on payments made pursuant to a payment plan for Assessments, (c) who does not have any condition on his Lotwhich violates any Dedicatory Instrument which has progressed to the stage of a written notice of a hearing to be held by the Association or its designated committee, or beyond, and which remains unresolved as of the date of determination of the Member’s standing, (d) who has not failed to pay any fine levied against the Member and/or the Member’s Lotpursuant to the Dedicatory Instruments, and (e) who has not failed to comply with all terms of a judgment obtained against the Member by the Association, including the payment of all sums due the Association by virtue of such judgment. If one Occupant of a 7 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D particular Dwellingdoes not qualify as a Member in Good Standing, then all Occupants of such Dwelling shall not be considered as Members in Good Standing. Additionally, if an Owner of multiple Lots does not qualify as a Member in Good Standing as to one Lot, then such Owner shall not qualify as a Member in Good Standing as to all Lots owned by the Owner. U."Occupant" shall mean residents, tenants, lessees, guests, and invitees of any Lot or Dwelling within the Properties for any period of time. V.“Outbuildings” shall mean and refer to structures such as (by way of example and not limitation) storage buildings, sheds, greenhouses, gazebos and shade trellises. W.“Owner” means an owner of any portion of the Property. Persons or entities holding title only as a lienholder shall not be an Owner for purposes of this Declaration. X.“Recreational Sites” means Common Area property that is set aside for use as recreational facilities, reserves, or green space and is encumbered by this Declaration, a recorded plat, or both. Y.“Special Assessment” means an Assessment levied pursuant to the terms set forth herein,for a specific purpose. Z.“Supplemental Amendment” or “Annexation Agreement” shall mean an amendment or supplement to this Declaration, executed by or consented to by Declarant which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described therein. The term shall also refer to the instrument recorded by the Declarant or the Association pursuant to the provisionsof this Declaration to subject additional property to this Declaration. AA.“Subdivision,”the “Property,”and/or “Bayside Crossing” means the Bayside CrossingSubdivision located in HarrisCounty, Texas. As of the date of this Declaration, the Subdivision is more particularly described in the Plat. The Subdivision may be supplemented as additional land is annexed into the Subdivision by the recording of an Annexation Agreementor Supplemental Amendment. ARTICLE II.PURPOSE AND INTENT The Subdivision, as initially planned, is intended to be a single-family, residential development that is planned to feature residential uses. This Declaration shall serve as the means by which design, maintenance and use of the Property,and additional property made a part of the Subdivision,will be established. Declarant reserves the right to change the initial development plan for residential uses to include a mix of both residential and commercialuses within the Bayside Crossingdevelopment. 8 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D ARTICLE III.PROPERTY SUBJECT TO RESTRICTIONS A.Property Initially Encumbered The Property that is initially encumbered by this Declaration and is therefore a part of the Subdivision is more particularly described in the Plat. Owners of the Property are Members of the Association and have executed this Declaration. B.Annexation of Additional Property Without the joinder of any other Owners or Members, the Declarant reserves the exclusive right for twenty-five (25) years following the recording of this Declaration to annex any additional property into the Subdivision. Such annexation shall be accomplished by the execution and filing for record of a Supplemental Amendment or Annexation Agreement setting forth the land being annexed and/or the specific restrictions relating to such property, if different. Any Supplemental Declaration or Annexation Agreement may contain covenants, conditions, restrictions and easements which apply only to the real property annexed and/or may create exceptions to, or otherwise modify, the terms of this Declaration as they may apply to the real property being annexed in order to reflect the different or unique character and/or intended use of such real property. The right of the Declarant to annex land under this Section shall pass to the Association upon the expiration of the twenty-five (25) year term granted above. C.De-annexation of Property During the DevelopmentPeriod, the Declarant, without the joinder of any other Owners or Members, may de-annex from the Subdivision any property owned by the Declarant. During the DevelopmentPeriod, property not owned by the Declarant may be de-annexed with the prior written consent of the Declarant. ARTICLE IV.ASSOCIATION MEMBERSHIP, VOTING RIGHTSAND BOARD OF DIRECTORS A.Eligibility Eligibility to vote,or serve as a director or officerof the Board, after the expiration of the term of the initial Boardshall be predicated upon that person being a Member of the Association. Nothing contained herein creates a fiduciary duty owed by the Board to the Members of the Association. B.Membership The sole criteria to become a Member of the Association is to hold title to a Lot within the Subdivision. This is not to imply that any holder of a mere security interest (such as a mortgagee, or holder of any other lien against property) would be a Member, unless that holder of the security interest foreclosed and thereby became the Owner of the Lot(s). Membership is appurtenant to and runs with the land. Membership is not severable as an individual right and 9 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D cannot be separately conveyed to any party or entity. All duties and obligations set forth in this Declaration are the responsibility of each Member. No waiver of use of rights of enjoyment created by this Declaration shall relieve Members or their successors or assigns of such duties or obligations. Mandatory membership shall begin with the execution of this Declaration and pass with title to the land (regardless of any method of conveyance) to any subsequent grantee, successor, or assignee of Members. In consideration for payment of Assessments, all Owners of Lots in the Subdivision,and subsequently annexed sections if any, shall have the right to the use and enjoyment of the Common Area in the Subdivision. Owners who are not Members in Good Standing may be prohibited from utilizing Common Areas in the Subdivision. C.Voting Rights Multiple Owners of any single Lot must vote in agreement (under any method they devise among themselves), but in no case shall such multiple Owners cast portions of votes. The vote (or votes, in the case of Class B Members) attributable to any single Lot must be voted in the same manner (i.e. all Owners of the Lot for, or all Owners of the Lot against a particular issue) but in no event can there be more than one Class A vote cast per Lot. The Association shall have two classes of membership, ClassA and Class B, as follows: 1.Class A Membership Class A Members shall be all Members with the exception of Class B Members, if any. Each Class A Member’s voting rights shall be based on the number of Lots owned and shall be determined as follows: One (1) vote shall be granted to Class A Members for each Lot owned. 2.Class B Membership Class B Members shall include the Declarant and such Owners as the Declarant may, in its sole discretion, confer Class B Membership status upon. Such conferring of Class B Membership shall be in writing by the Declarant. Each Class B Member’s voting rights shall be based on the number of Lotsowned, and shall be determined as follows: Ten (10) votes shall be granted to Class B Members for each Lot owned. D.Voting Procedures Class A and Class B Members shall exercise their votes as set out in the Dedicatory Instruments. E.Right to Appoint/Elect Board of Directors Declarant shall retain the authority to appoint all members of the Board of Directors of the Association until not later than the tenth (10th) anniversary of the date this Declaration was recorded in the Real Property Records of HarrisCounty, Texas, by which time one-third (1/3) of 10 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D the Board members (who must be Members of the Association) must be elected by the Owners other than the Declarant, as set forth in the Bylaws. After such anniversary, Declarant shall retain the authority to appoint the remaining two-thirds (2/3) of the members of the Board of Directors of the Association until such time as Declarant no longer owns any portion of the Property. The Declarant may assign to the Association its authority to appoint some or all (as applicable) members of the Board of Directors of the Association, with such assignment evidenced by an instrument recorded in the Real Property Records of Harris County, Texas. Upon termination of Declarant’s authority to appoint two-thirds (2/3) of the members of the Board of Directors of the Association, any remaining Class B Members shall be converted to Class A Members and elections shall be held to elect the members of the Board of Directors of the Association (who must be Members of the Association) pursuant to the provisions of the Certificate of Formation and the Bylaws of the Association. In the event Class B Membership terminates pursuant to the above provisions, and thereafter additional property is annexed into the jurisdiction of the Association, which resultsin the Declarant owning property in the Subdivision, only Declarant’s Class B Membership shall be restored (no other previously designated Class B Membership shall be restored), until it again terminates as specified hereinabove. Notwithstanding anythingcontained herein to the contrary, the Declarant may assign, temporarily or permanently, all or a portion of its rights as Declarant to any person(s). ARTICLE V.EFFECTIVE DATE OF DECLARATION This Declaration shall be effective as of the date this document is recorded in the Real Property Records of HarrisCounty, Texas. ARTICLE VI.USE RESTRICTIONS Notwithstanding anything contained herein to the contrary, the provisions of this Article, “Use Restrictions” shall apply only to Lots unless other portions of the Property are specifically included in said provisions. A.Residential Uses Permitted Homesites within the Subdivision shall be used exclusively for single-family residential purposes. The term “Single-Family” as used herein shall refer not only to the architectural design of the Dwelling but also to the permitted number of inhabitants, which shall be limited to a single family, as defined below. Single-Family shall mean the use of and improvement to a Lot with no more than one building designed for and containing facilities for living, sleeping, cooking, and eating therein. In no case may a Lot contain more than one Dwelling. No multi- family Dwellings may be constructed on any Lot. No building, Outbuilding or portion thereof shall be constructed for income property, such that Occupantswould occupy less than the entire Lot and/or Homesite. It is permitted for Owners to lease a Dwellingin the Subdivision, so long as Occupants are leasing the entire land and improvements comprising the Homesite. “Leasing” for purposes of this Declaration, is defined as occupancy of a Dwelling by any person other than the Owner, for which the Owner receives any consideration or benefit, including, butnot limited to, a fee, 11 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D service, gratuity, or emolument. No fraction or portion of any Dwelling may be leased or rented. All leases must be in writing and shall contain such terms as the Board may prescribe from time to time. All leases shall provide that they may be terminated in the event of a violation of the Declaration or the Dedicatory Instrumentsof the Subdivision by an Occupantor Occupant’s family, and the Board, in its sole discretion, may require termination by the Owner and eviction of the Occupant in such event. Rental or lease of the Lot and Dwellingshall not relieve the Owner from compliance with this Declaration or the Dedicatory Instruments. No Dwelling may be occupied by more than one single family. By way of illustration, the following are examples of an approved single family: EXAMPLE NO. 1:Owners are Husband and Wifeand reside in Dwelling. Additional approved residents are: a)children of husband and/or wife; b)no more than a total of 2 parents of the husband or wife; c)one unrelated person; and d)one household employee EXAMPLE NO. 2: Owners are Domestic Partner One and Domestic Partner Two and reside in Dwelling. Additional approved residents are: a)children of either or both domestic partners; b)no more than a total of 2 parentsof the domestic partners; c)one unrelated person; and d)one household employee EXAMPLE NO. 3Owners are Roommate One and Roommate Twoand reside in : Dwelling. Additional approved residents are: a)children of either or both roommates; b)no more than a total of 2 parents of the roommates; c)one unrelated person; and d)one household employee It is not the intent of this provision to exclude from a Lot any individual who is authorized to so remain by any state or federal law. If it is found that this provision is in violation of any law, then this provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law. B.Non-Permitted Uses 1.No trade or business may be conducted in or from any Dwelling, LotorHomesite, except such use within a Dwelling where (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling; (b) the business activity conforms to all zoning requirements and other restrictive covenants applicable to the Property; (c) the business activity does not involve visitation to the Dwelling or Homesite by clients, customers, suppliers or other business invitees or 12 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D door-to-door solicitation of residents of the Subdivision; and (d) 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 of the Subdivision, as may be determined in the sole discretion of the Board. The uses set out in this Section 1 (a) through (d) shall be referred to singularly or collectively as an “Incidental BusinessUse.” At no time may an Incidental Business Use cause increased parking or traffic withinthe Subdivision. Any increased parking or traffic within the Subdivision as a result of an Incidental Business Use shall be deemed to be a Deed Restriction Violation. A day-care facility, home day-care facility, church, nursery, pre-school, beauty parlor, or barber shop or other similar facility is expressly prohibited. 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 that involves the manufacture or provision of goods for or to persons other than the provider’s family, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intendedto or does not generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Dwelling shall not be considered a trade or business within the meaning of this Section. This Section does not apply to any activity conducted by the Declarant,or by a Builderwith approval of the Declarant, with respect to its development and sale of the Property. Garage sales, attic sales, estate sales, moving sales, or yard sales (or any similar vending of merchandise) conducted on any Homesite more than once per year shall be considered business activity and therefore prohibited. The Association may, but is not required to, adopt rules and regulations regarding such sales. 2.No vehicles displaying signs or advertising shall be permitted to be parked within public view in the Subdivision, other than service vehicles contracted by Owners to perform specific services. No vehicles with more than two axles shall be permitted to be parked or stored for a period in excess of twelve (12)hours per week in the Subdivision, without prior written permission of the Board, whose approval may be issued or withheld at its sole and absolute discretion. 3.No livestock, domestic or wild animals, nor plants or crops shall be raised on any Homesite, Lot, or any portion of the Property for the purpose of breeding or selling same, whether for profit or not. Exchange of such animals, plants or produce for anything of value to the seller shall constitute a sale of the merchandise and therefore prohibited under this provision. C.Animals and Pets No animals, livestock,including swine or poultry of any kind shall be raised, bred, or kept on any portion of the Subdivision, except that dogs, cats, or other usual and common household pets, not to exceed a total of two (2) pets, may be permittedin oron a Homesite or in a Dwelling. The foregoing limitation on number of pets shall not apply to hamsters, small birds, fish or other constantly caged animals, nor shall it apply to require the removal of any litter born 13 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D to a permitted pet prior to the time that the animals in such litter are three (3) months old. No pets are permitted to roam free. No animals or pets shall be kept, bred, or maintained for any commercial purpose. Dogs and cats shall at all times whenever they are outside a Dwelling and/or fence, be confined on a leash which must be held by a responsible person. D.Antennas No exterior antennas, aerials, satellite dishes, or other apparatus for the reception of television, radio, satellite orother signals of any kind shall be placed, allowed, or maintained upon any portion of the Subdivision, including any Homesite, which is visible from any street, Common Area or other Lot unless it is impossible to receive signals from said location. In that event the receiving device may be placed in a visible location as approved by the ARC. The ARC may require as much screening as possible while not substantially interfering with reception. No satellite dishes shall be permitted which are larger than one (1) meter in diameter. No exterior antennas, aerials, satellite dishes, or other apparatus shall be permitted which transmit television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Property. The Declarant,by promulgating this Section,is not attempting to violate the Telecommunications Act of 1996 (the “1996 Act”), as same may be amended from time to time. This Section shall be interpreted to be as restrictive as possible while not violating the 1996 Act. In the event that it is impossible to receive a signal from a non-visible location, the installation of antennas shall be subject to rules and regulations which may be promulgated by the Boardsetting out preferred alternate locationsfor antennas. Declarant and the Association shall have the right, without the obligation, to erect an aerial, satellite dish, or other apparatus (of any size) for a master antenna, cable, or other communication system for the benefit of all or any portion of the Subdivision, should any master system or systems require such exterior apparatus. E.Basketball Goals and Backboards No basketball goal, net and/or backboard may be kept, placed or mounted upon any Lot or kept, placed, attached or mounted to any fence or Dwelling without prior written approval by the ARC. All basketball goals and/or backboards are subject to the Guidelines as to type, location, and hours of use. All basketball goals and/or backboards shall at all times be maintained and kept in good condition. If any basketball goal, net and/or backboard is placed within the Subdivision in violation of this Declaration, the Association or its agents shall be authorized to exercise its Self Help remedy, as set forth in this Declaration,to bring the Owner’s Lot into compliance with this provision. F.Common Area The Association, subject to the rights of the Members set forth in this Declaration and any amendments or Supplemental Amendments thereto, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon and shall keep it in good, clean, attractive and sanitary condition. No Member may appropriate any portion of the 14 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D Common Area or any improvement thereon for his or her own exclusive use. Any Member or his orher guests, family or invitees that cause damage to the Common Area shall be financially responsible for said damage. The cost of repair, if not timely paid by the Member (within thirty \[30\] days) shall be assessed against the Member’s Lotand secured bythe continuing lien set forth in this Declaration. G.Exterior Seasonal Decorations The display of exterior seasonal decorations, by way of illustration but not limited to lights, banners, flags, wreaths, shall be subject to reasonable rules and regulations, if any, promulgated by the Board. Such rules may address the appearance and length of time of such display. Suchdisplay shall be maintained and kept in good condition at all times. If any exterior seasonal decorations are placed, or remain, within the Subdivision in violation of this Declarationor the Dedicatory Instruments, the Boardor its agents shall be authorized to exercise its Self Help remedy, to bring the Owner’s Lot into compliance with this provision. H.Flags and Flagpoles The size, number, and placement of flagpoles, and the display of flags within the Subdivision, shall be subject to any Guidelines, rulesorpolicies adopted by the Association. The Declarant, by promulgating this Section, is not attempting to violate any local, state or federal law. This Section shall be interpreted to be as restrictive as possible while not violating anylaws of the State of Texas and/or the United States of America. I.General Nuisances No portion of the Subdivision shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, animal, or material be kept upon any portion of the Subdivisionthat will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, comfort, or serenity of the Owners and/or Occupants of surrounding Homesites and users of the Common Areas. No noxious, illegal, or offensive activity shall be carried on upon any portion of the Subdivision, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Subdivision. There shall not be maintained any plants, animals, device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Subdivision. No outside burning of wood(except for wood burned in approved outdoor fire pits and fireplaces), leaves, trash, garbage or household refuse shall be permitted within the Subdivision. No speaker, horn, whistle, bell or other sound device, except alarm devices used exclusively for residential monitoring purposes, shall be installed or operated on the Property, unless required by federal, state or local regulation. The use and discharge of firecrackers and other fireworks is prohibited within the Subdivision. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or herLot orHomesite. The pursuit of 15 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D hobbies or other visible activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, that might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Subdivision. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work shall be permitted provided such activities are not conducted on a regular or frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, are begun and completed within twelve (12) hours. Notwithstanding anything contained herein to the contrary, the Association shall have the right but not the obligation to enter upon any Common Area and/or street right-of-way and remove signsnot authorized by the Boardin advance,and/or to regulate (including, but not limited to, the prohibition of) street vending and similar non-approved activities. No portion of the Subdivision shall be used, in whole or in part, in a way that creates a nuisance within the Subdivision. Activities or conditions constituting a nuisance are incapable of exhaustive definition which will fit all cases, but they can include those activities and conditions that endanger life or health, give unreasonable offense to senses, or obstruct reasonable use of property. Those activities or conditions that cause minor and/or infrequent disturbances resulting from ordinary life activities within a deed restricted community are not intended to constitute a nuisance. Whether such activity or condition constitutes a nuisance will be determined by the Board. The Board may adoptrules or policies to further define what constitutes a nuisance, as warranted. J.Monuments and Fences The Declarant and/or the Association are hereby granted an easement to place, maintain and repair a monument or marker at any entrance to the Subdivision. On all Lots, side and rear fencing shall be required and shall be in a location and of a material and design as required by the Guidelines and as approved in writing by the ARC. Owners shall be responsible for the maintenance, repair and/or replacement of all fences in existence at time of transfer from Builder to Owner. Replacement fences shall be of a similar material and design as originally constructed. The maintenance of any portion of a fence which lies between Lots shall be the joint responsibility of the Lot Ownerson whose property the fence lies between. In the event an Owner fails to repair, replace or maintain anyfence in a manner consistent with the Community Wide Standardin the sole discretion of the Board, the Boardmay exercise its Self Help remedy pursuantto the terms set forth in this Declaration, and shall have the right, but not the obligation,through its agents, contractors and/or employeesto enter such Lotfor the repair and/or replacement of such fence after notice to the Owner. Any expense incurred by the Association in effectuating such repairs/replacement shall be the responsibility of the Owner(s) having such obligation to maintainand shall be secured by the continuing lien on the Lot. 16 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D K.Outbuildings Outbuildings shall not be constructed or placed on a Lot within the Subdivision without the prior written approval of the ARC. Reasonable Guidelines may be established from time to time addressing factors including, but not limited to, the appearance, type, size, quality and location of Outbuildings on a Lot. L.Outside Storage and Trash Collection No equipment, machinery, or materials of any kind or nature shall be stored on any Homesite forward of the fence at the front wall of the Dwelling situated thereon, unless the equipment, machinery or materials is being used temporarily (not more than one week) and is incident to repair or construction of the Dwelling or Homesite. All equipment, machinery, and materials shall be properly stored out of sight ofevery other Homesite immediately after use of such item, and all trash, debris, excess, or unused materials or supplies shall likewise be disposed of immediately off of the Homesite, or stored out of view until trash collection occurs. Trash may only be placed outside for collection the evening before collection. Such trash must be contained to protect from animals or spillage and trash cans must be removed from sight the same evening of collection. M.Parking and Prohibited Vehicles No commercial vehicles or non-motorized vehicle, by way of example and not limited to tow trucks, plumbing or similar service type vans or trucks, boat, trailer, marine craft, recreational vehicle, camper rig off of truck, hovercraft, aircraft, machinery or equipment of any kind may be parked or stored on any part of any Lot, street, easement, or right-of-way, unless such vehicle or object is completely concealed from public view inside a garage or enclosure approved by the ARC. Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that: (a) are in operating condition; (b) are qualified by current vehicle registration and inspection stickers; (c) are currently licensed and in daily use as motor vehicles on the streets and highways of the State of Texas; (d) do not exceed Eighty inches (80”) in height, or One Hundred inches(100”) in width and (e) have no advertising or signs located thereon, may be parked in the driveway on a Lot, however, no vehicle shall be parked so as to obstruct or block a sidewalk or be parked on a grassy area. The restriction concerning advertising and signs shall not apply to any vehicles, machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a Dwellingin the immediate vicinity. Storage of any vehicles in the street is prohibited. Storage shall mean the parking of a vehicle for the shorter of: (i)seventy-two (72) consecutive hours or (ii) seven (7) days in any calendar month, whichever occurs first. Vehicles to be parked on a Homesite must meet the restrictions of this Declaration and the Dedicatory Instruments, and at all times be operable, unless otherwise completely concealed in an enclosed garage, have current license tags, current state inspection stickers, and comply with current mandatory insurance under the laws of the State of Texas. Any vehicle not in daily use as a motor vehicle on the streets and highways of the State of Texas and not in compliance with the foregoing shall be considered stored on the property and such storage is strictly prohibited unless same is completely concealed in an enclosed garage. A vehicle that cannot 17 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D physically fit within the designed garage of the Dwelling with the door closed will be construed as a vehicle not incident to residential use of a Homesite. Additional rules and regulations for the use, maintenance and parking on private and/or public streets may be promulgated by the Association. Recreational vehicles, such as mobile homes, motor homes, campers, and boats are not considered vehicles incident to the residential use of a Homesite and therefore are notpermitted to be stored on Homesites for any period of time greater than forty-eight (48) hours. A recreational vehicle with not more than two (2) axles may be parked in front of or on the Homesite for up to forty-eight (48) hours for loading, and unloading only. Parking of any vehicle other than in a driveway or within an enclosed garage of a Homesite or other paved area provided for parking is expressly prohibited. The Owners of any Lot, by virtue of ownership of Property within the Subdivision, herebycontractually covenant and agree that the Association has jurisdiction over the public streets within the Subdivision, and shall have the right without the obligation to enforce the ban on parking on the public streets. Notwithstanding anything containedherein to the contrary, the Board may promulgate parking rules which may change the dimensions of permitted vehicles and/or the length of time for temporary parking or storage of vehicles. If there is a conflict between this Section and parking rules promulgated by the Board, the parking rules shall control. The Association may establish from time to time reasonable rules regarding the use, maintenance and parking of vehicles on private and/or public streets, and the Association has discretion to determine the various types of vehicles that fall within the scope of any such rules. N.Play Structures Play Structures (as defined herein) shall not be constructed or placed on a Lot within the Subdivision without the prior written approval of the Board. Guidelines may be established from time to time regarding play forts, play houses, swing sets and other recreational equipment (“Play Structures”), taking into account such factors including but not limited to the overall height, size, location and number of Play Structures placed on a Lot. In setting the Guidelines, factors including but not limited to the size and configuration of the Lot, the location of the Lot in the community, the location of the Play Structure on the Lot, the type of fencing on the Lot and visibility of the Play Structure from streets, Common Areas and amenities may be taken into account. O.Screening No Owner or Occupant of any portion of the Property shall permit the keeping of articles, goods, materials, utility boxes, refuse, trash, storage tanks, or like equipment on the Property which may be considered a nuisance or hazard in the sole discretion of the Board. Air conditioners, utility boxes, garbage containers, antennas to the extent reasonably possible and pursuant to the terms set forth herein, or like equipment, shall not be kept in the open, exposed to public view, or exposed to view from adjacent Homesites and must be screened from view and placed in a location first approved in writing by the ARC. Such screen shall be of a height at 18 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D least equal to that of the materials or equipment being stored, but in no event shall such screen be more than six feet (6’) in height. Added screening must also be provided to shield such stored materials and equipment from grade view fromadjacent Dwellings or Common Area. Utility boxes must be screened so that they are not visible from the street and as may be set out in the Guidelines. A combination of trees, hedges, shrubs or fences should be used as screening material, as same may beset out in the Guidelines. All screening designs, locations, and materials are subject to prior written ARC approval. Any such screening installed must be maintained in a clean and neat manner at all times, and may not detract from the appearance of theProperty. P.Signs No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Dwelling, fence or other improvement upon such Lot so as to be visible from public view except the following: 1.For Sale Signs. An Owner may erect one (1) sign on his Lot, not exceeding 2’x3’ in area, fastened only to a stake in the ground and extending not more than three (3’) feet above the surface of such Lot advertising the property for sale. 2.Political Signs. Not more thanone sign per political candidate or ballot item, not exceeding 4’ x 6’ in area, may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be displayed before the ninetieth day preceding the date of the election and shall be removed before the tenth day after such election. 3.School Spirit Signs. Signs containing information about one or more children residing in the Dwelling and the school they attend shall be permitted so long as the sign is not more than 36” x 36” and is fastened only to a stake in the ground. There shall be no more than one sign for each child residing in the Dwelling, and said signs may notbe displayed more than ten (10) days in any calendar month, for more than three (3) months in a calendar year. 4.Security Signs/Stickers. Signs or stickers provided to an Owner by a commercial security or alarm company providing service to the Dwelling shall be permitted so long as the sign is not more than 8” x 8” or the sticker is no more than 4” x 4”. There shall be no more than one sign and no more than six (6) stickers located on the windows or doors. Stickers shall also be permitted upon windows and doors for a “Child Find” program or a similar program sponsored by a local police and/or local fire department. All signs and emblems within the Subdivision are subject to Guidelines that may be promulgated by the Board and/or the ARC. A Builder and/or the Declarant may place certain information and advertising signs on Lots without the prior permission of the ARC, so long as such signs are similar to those listed as 19 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D acceptable for Builder use in the Guidelines promulgated by the ARC, and so long as such signs do not otherwise violate this Declaration. If any sign is placed within the Subdivision, including but not limited to the streets, street right-of-ways, and Common Areas,in violation of this Declarationor the Dedicatory Instruments, the Boardor its agents shall have the right but not the obligation to enter upon any Lot,Homesite,street, street right-of-way, and Common Areas and remove and/or dispose of any such sign violation, and in doing so shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. Guidelines may be establishedfrom time to time addressing the display of signs, including but not limited to billboards, posters, school activities, political signs, security signs/stickers and advertising devices within the Subdivision. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain signs and other advertising devices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential Dwellings. In addition, the Declarant and the Association shall have the right to erect and maintain directional and informational signs along the streets within the Propertyand identifying signs and monuments at entrances to the Subdivision. Q.Swimming Pools/Spas No above ground swimming pools are permitted. All swimming pools and spas require prior written approval by the ARC as set forthherein. R.Tree Removal No trees greater than three (3) caliper inches to be measured at a point six (6) inches above grade shall be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in writing by the ARC. In the event of an intentional or unintentional violation of this Section, the violator may be required to replace the removed tree with one (1) or more comparable trees of such size and number, and in such locations, as the Boardmay determine necessary, in its sole discretion, to mitigate the damage. S.Window Air Conditioning Units No window or wall type air conditioners shall be permitted to be used, placed or maintained on or in any building on the Lots, with the exception that window or wall type air conditioners shall be permitted for the benefit of a garage if such airconditioning unit is located at the rear of the garage unit, is screened from public view, and is screened from view by any other Lot, Common Area or Dwelling. All window air conditioning units require prior written ARC approval as set forthherein. All livings areas within the home, including any room additions, must be centrally air- conditioned, unless otherwise approved by the ARC. Units that are alternatives to centrally air- conditioned units must be screened from public view, and will require ARC approval. 20 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D T.Wind Turbines No device used to convert wind into energy, including by way of illustration and not limitation, wind turbines, wind pumps, wind chargers and windmills, shall be permitted to be used, placed or maintained in any location within the Subdivision. Provided, however, this provision does not apply to Common Areas within the Subdivision. The Board shall have the sole discretion to determine what devices are prohibited pursuant to this provision. U.Window Treatments Within three (3) months of occupying a Dwelling on any Homesite, an Owner shall install appropriate window treatments in keeping with the Community Wide Standard. Appropriate window treatments would include, by way of illustrationand not limitation, curtains and draperies with backing material of white, light beige, cream, light tan, or light gray; blinds or miniblinds of the same colors or natural wood; and/or shutters of the same colors or natural wood. No other window treatment color may be visible from the exterior of the Dwelling. The Boardshall have the sole discretion to determine what window treatments are appropriate. Expressly prohibited both before and after the initial three (3) months of occupancy are any temporary or disposable coverings not consistent with theCommunity Wide Standard, such as reflective materials, newspapers, shower curtains, fabric not sewn into finished curtains or draperies, other paper, plastic, cardboard, or other materials not expressly made for or commonly used by the general publicfor window coverings in a residential subdivision of the same caliber as the Subdivision. ARTICLE VII.NOTICES AND EASEMENTS A.Easements for Green Belt, Flood Water and Other Landscape Reserves Declarant and Association reserve for themselves and their successors, assigns and designees the non-exclusive right and easement, but not the obligation, to enter upon the green belts, landscape reserveslocated within the Property (a) to install, keep, maintain and replace pumps in order to obtain water for the irrigation of any of the Common Area, (b) to remove trash and other debris and fulfill their maintenance responsibilities as provided in this Declaration. Declarant’s rights and easements hereunder shall be transferred to the Association at such time as Declarant shall cease to own any portion of the Property subject to the Declaration, or such earlier time as Declarant may decide, in its sole discretion, and transfer such rights by a written instrument. The Declarant, the Association, and their designeesshall have an access easement over and across any portion of the Property abutting or containing any portion of any of the green beltsand landscape reservesto the extent reasonably necessary to exercise their rights and responsibilities under this Declaration. There is further reserved, for the benefit of Declarant, the Association, and their designees, a perpetual, non-exclusive right and easement of access and encroachment over Common Areas in orderto enter upon and across such portions of the Property for the purpose of exercising rights and performing obligations under this Declaration. All persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from, the 21 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other person or entity liable for damage resulting from flood due to hurricanes, heavy rainfall, or other natural disasters. There is further reserved for the Declarant, the Association and/or their designees an easement for the over spray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Subdivision located adjacent to any landscape/open space reserves, greenbelts, canals, ponds, or other bodies of water. B.Easementsto Serve Additional Property The Declarant and Association and its duly authorized agents, representatives, and employees, as well as its designees, successors, assignees, licensees and mortgagees, shall have and there is hereby reserved an easement overthe Common Areas for the purposes of enjoyment, use, access and development of any annexed property, whether or not such Property is made subject to this Declaration. This easement includes but is not limited to a right of ingress and egress over the Common Areas for construction of roads and for tying in and installation of utilities on any annexed property. Declarant agrees that if an easement is exercised for permanent access to any annexed property and such property or any portion thereof is not madesubject to this Declaration, the Declarant, its successors, or assigns shall enter into a reasonable agreement with the Association to share the cost of maintenance to any access roadway serving the property. Such agreement shall provide for sharing of costs based on the ratio that the number of Dwellings or buildings on that portion of the property that is served by the easement and is not made subject to this Declaration bears to the total number of Dwellings and buildings within the Property. C.Utilities and General There are hereby reserved unto Declarant, so long as the Declarant owns any Property, the Association, and the designees of each (which may include, without limitation, HarrisCounty and any utilitycompanies) access and maintenance easements upon, across, over, and under all of the Property to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining any or all of the following which may exist now or in the future: cable television systems, master television antenna systems, monitoring and similar systems, roads, walkways, bicycle pathways, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity, and for the purpose of installing any of the foregoing on Property that Declarant owns or within easements designated for such purposes on recorded plats of the Property. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing Dwelling; any damage to a Homesite resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the person or entity exercising the easement. The exercise of this easement shall not unreasonably interfere with the use of any Homesite. Without limiting the generality of the foregoing, there are hereby reserved for the local water supplier, electric company, cable company and natural gas supplier easements across all 22 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D the Common Areas for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters boxes, installation equipment, service equipment, and any other device, machinery or equipment necessary for the proper functioning of the utility; however, the exercise of this easement shall not extend to unauthorized entry into the Dwelling on any Homesite, except in an emergency. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Property, except as may be approved by the Board or Declarant. D.CommercialUses While the initial development plan for the Bayside CrossingSubdivision features a residential community, this plan is subject to change and may be expanded to include commercialuses. Any additional land that may be annexed into the Bayside Crossing Subdivision for commercial purposes may be subject to the jurisdiction of the Association. E.Reserves Owners of Lots within the Subdivision are advised that there existin the Subdivision Restricted Reserve “A”restricted in its use to landscape; Restricted Reserve“B”, restricted in its use to landscape/drainage, Restricted Reserve “C” restricted in its use to Park use, andRestricted Reserve “D” restricted in its use to detention/landscape/recreation; and Restricted Reserves “E” and “F”restricted in their use to Landscape/pipeline Easement (hereinafter collectively referred to as the "Restricted Reserves"). Owners hereby acknowledge that the Association, its directors, officers, managers, agents, or employees, the Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to thesafety, any use, and/or any future change in use of the Restricted Reserves. Each Owner of a Lot within the Subdivision hereby agrees to (a) release the Declarant and the Association, and their respective successors and assigns, from any liability for the placement, construction, design, operation, maintenance and replacement in or of the Restricted Reserves, and (b) indemnify each of such released partiesfrom any liability arising out of or related to such Lot Owner's use of a Restricted Reserve. Owners further grant an easement to the Declarant and the Association for any incidental noise, lighting, odors, parking and/or traffic, which may occur in the normal operation of the Restricted Reserves. There is further reserved for the Declarant, the Association and/or their designees an easement for the overspray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Subdivision located adjacent to the Restricted Reserves. The Declarant, its successors and assigns, and/or the Association have the right to promulgate rules and regulations governing the use of the Restricted Reserves. Owners whose lots are adjacent to or abut the Restricted Reserves shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Restricted Reserves. Any Owner permitting or causing such infiltration shallindemnify and hold harmless the Association for all costs of clean up and remediation necessary to restore the Restricted Reserves to its condition immediately prior to said infiltration. 23 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D Owners of Lots within the Subdivision are advised that there exists in the Subdivision Restricted Reserve “C” restricted in its use to Park use (referred to as the "Park Reserve"). Each Owner of a Lot within the Subdivision hereby agrees to (a) release the Declarant and the Association, and their respective successors and assigns, from any liability for the placement, construction, design, operation, maintenance and replacement in or of the Park Reserve, and (b) indemnify each of such released parties from any liability arising out of or related to such Lot Owner's use of the Park Reserve. Owners further grant an easement to the Declarant and the Association for any incidental noise, lighting, odors, parking and/or traffic, which may occur in the normal operation of the Park Reserve. Owners hereby acknowledge that the Association, its directors, officers, managers, agents, or employees, the Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to thesafety, any use, and/or any future change in use of the Park Reserve. The Park Reserve will be maintained by the City of La Porte, and is dedicated via the Plat to the City of La Porte for public park use. F.Easements Owners of Lots within the Subdivisionare advised there existthe following pipeline easementswithin the Subdivision which easements are described in detail in the Harris County Deed Records as follows: (i) a 50’Defense Plant Corporation & Texas Eastern Transmission Corporation Easement, Clerk’s File No. D565301, Vol. 1273, Pg. 287,Vol. 1093, Pg. 302, Vol. 1683, Pg. 697; (ii) 80’ HumblePipeline Company Easement, Clerk’s File No. D550217, Vol. 1093, Pg. 302, Vol. 2941, Pg. 218, Vol. 7527, Pg. 283; (iii) 80’ Gulf Refining Company & Gulf Oil Corporation Easement Clerk’s File No. D597345, Vol. 2304, Pg. 258; (iv) 80’ Amoco Pipeline Easement,Clerk’s File No. D580231, referred to collectively as the “Pipeline Easements”. Owners hereby agree to hold harmless the Declarant and the Association, and their respective successors and assigns and release them from any liability for the existence, placement, and/or maintenance of the Pipeline Easements and agree to indemnify the parties released from any damages they may sustain. Owners further grant an easement to the Declarant and the Association for any incidental odor, noise, lighting, and/or visibility of the Pipeline Easementsand/or traffic which may occur due to the existence and use of the Pipeline Easements. Owners hereby acknowledge that the Association, its directors, officers, managers, agents, or employees, and/or the Declarant have made no representations or warranties;nor has any Owner, occupant, tenant, guest or invitee relied upon any representations or warranties, expressed or implied, relative to any use and/or future change in use of the Pipeline Easements. G.Pond Maintenance Easement Owners of Lots within the Subdivision are advised that a portion of the Property is subject to the terms and conditions of that certain Declaration of Detention Pond Easements and Maintenance Obligations recorded under Harris County Clerk’s File No. 20140082554 in the Official Public Records of Real Property of Harris County Texas (the “Pond Agreement”). As set forth in the Pond Agreement, Restricted Reserve “D” (which is described in the Pond Agreement as Pond A) and Pond B (Pond A and Pond Bare described in detail in the Pond Agreement) shall be maintained by the owner of the Remainder Tract(as same is defined in the Pond Agreement)and the Declarantand the costs of such maintenance shall be shared as set forth in the Pond Agreement. Declarant’s rights and easements hereunder shall be transferred to 24 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D the Association at such time as Declarant shall cease to own any portion of the Property subject to the Declaration, or such earlier time as Declarant may decide, in its sole discretion, and transfer such rights by a written instrument. The Declarant and the Association’s allocated costs of maintenance of Pond “A” and Pond “B” shall be payable as common expenses and shall be an approved expenditure of assessment funds. ARTICLE VIII.DEED RESTRICTION ENFORCEMENT A.Authority to Promulgate Rules, Policiesand Guidelines The Board has the authority, without the obligation,to promulgate, make, modify, amend, cancel, limit, create exceptions to,and enforce reasonable rules and regulationspolicies, and Guidelines(pursuant to the terms set forth herein),including but not limited to rulesand policiesconcerning enforcementof the covenants and restrictions contained in this Declaration, any Supplemental Amendment and/or amendments concerning the use and enjoyment of the Property, including without limitation, rules limiting the use of the Common Area, establishing and setting the amount of fines for violations of this Declarationor any Dedicatory Instrument, and all fees and costs generated in the enforcement of the Dedicatory Instruments. Such rules and regulations, policiesand Guidelines shall be binding upon all Ownersand Occupants, if any. The rights and remedies contained in this Article are cumulative and supplement all other rights of enforcement under applicable law. B.Attorney’s Fees and Fines In addition to all other remedies that may be available, after givingnotice and an opportunity to be heard as may be required by §209 of the Texas Property Code, as same may be amended, the Association has the right to collect attorney’s fees and/or fines as set by the Board from any Owner that is in violation of the Dedicatory Instruments, any applicable Supplemental Amendment or amendments, any Guidelines, or any other rule or regulation promulgated by the Association. Said attorneys fees and fines shall be added to the violating Owner’s Assessment account and shall besecured by the continuing lien on the Lot. C.Remedies Every Owner shall comply with all provisions of the Dedicatory Instruments. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the Association. In addition, the Boardhas the authority, but not the obligation, to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments, and to regulate the use,maintenance, repair replacement, modification, and appearance of the Subdivision, and may avail itself of any and all remedies provided in the Dedicatory Instruments. Notwithstanding anything contained herein to the contrary, the Board shall have no duty, legal or otherwise, to institute legal or other proceedings on behalf of or in the name of an Owner. The decision to pursue enforcement action in any particular case shall be left to the Board’s discretion. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: 25 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D (i)the Association’s position is not strong enough to justify taking any or further action; (ii)although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; or (iii)that it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action. Such decision shall not be construed a waiver of the Association’s right to enforce such provision at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. D.Enforcementby Owners Each Lot Owner is empowered to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments; provided, however, no Owner shall have the right to enforce the lien rights retained in this Declaration in favor of the Association and/or other rights, regarding Assessments, retained by the Association. E.Self Help “Self Help” shall mean the authority, but not the obligation, of the Association, upon approval of not less than a majority of the Board members, to enter upon a Lot or Homesite and cause to be performed any of the Owner’s maintenance and repair obligations, or acts required by that Owner to bring his/her Lot or Homesite into compliance with the Dedicatory Instruments, if said Owner fails to perform same after written demand from the Board. In exercising its Self Help remedy, the Association shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such exercise of Self Help, nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. The Association shall have the right, but not the obligation, to enter into any Lot for emergency, security, and safety reasons, and to inspect for the purpose of ensuring compliance with the Dedicatory Instruments, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in the case of emergency situations, and as otherwise specified herein, the Association shall give the violating Owner notice as may be required by law, of its intent to exercise Self Help. Subject to any notice that may be required by law, any costs incurred by the Association in the exercise of its Self Help remedy shall be the personal obligation of the person or entity who was the Owner of the Lot at the time when the Self Help costs were incurred. The personal obligation for such costs shall not pass to successors in title unless expressly assumed by them. Subject to any notice that may be required by law, the costs incurred by the Association in exercising its Self Help remedy, which costs may include by way of illustration and not limitation, the actual costs incurred by the Association and an administrative fee set by the 26 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D Board, shall be charged to the subject Owner’s Assessment account and shall be supported by the continuing lien created herein. ARTICLE IX.ARCHITECTURAL RESTRICTIONS NOTE WELL: The provisions of this Article are broad and sweeping and an extremely wide range of activities are regulated hereby. Owners are advised to review this Article and the Guidelines carefully to ensure that they comply with all of the requirements before commencing any work or engaging in any activity on or in connection with their Lot or Dwelling to ensure they comply with all of the provisions set forth herein and in the Guidelines. Work commenced, performed, or completed without prior approval as required herein, in the Guidelines, or otherwise in violation of the terms of this Declaration, the Guidelines, or applicable law may subject the Owner of the Lot to substantial costs, expenses, fees, and penalties, which may be in addition to a requirement that the Lot and/or Dwelling be restored to its original condition. A.Architectural Review Committee -“ARC” The ARC shall be a committee of the Board. The initial ARC shall be composed of three (3) individuals designated by Declarant, one of whom may be designated as representative to act on behalf of the ARC. The Declarant reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. The Declarant shall retain the right of ARC appointmentuntil the first to occur of the following: 1.the Declarant no longer owns any portion of the Property, or 2.the Declarant relinquishes, in writing,its authority over ARC appointment. At such time, the Board of the Association shall have the right to replace such ARC members by duly appointing three Owners who are Members in Good Standing with the Association. The Board reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. Such removal and/or appointment shall be at the sole authority and discretion of the Board. The Board shall have the right to review any action or non-action taken by the ARC and shall be the final authority. At any time prior to the happening of (1)or(2) above, the Declarant may, without obligation, assign to the Board, or such other person the Declarant deems appropriate, all or a portion of Declarant’s ARC rights and/or the responsibility for review and approval of modifications to existing Dwellings. The Association, ARC and,during the DevelopmentPeriod, the Declarant,shall have the right, but not the obligation, to promulgate Guidelines as to construction types and aesthetics, which may be changed,amended or modified at any time without notice to the Owners. Different Guidelines for additional property that may be annexed into the Subdivisionmay be promulgated. 27 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D The ARC shall have the authority, but not the obligation, to delegate review and approval or denial of plans for modifications of existing improvements within the Subdivision to a Modifications Committee. The members of the Modifications Committee shall be appointed, and may be removed, by the Declarant during the DevelopmentPeriod, and thereafter by the Board. A denial by the Modifications Committee, if it is created, may be appealed to the ARC. B.ARC Approval Required No buildings, Hardscape, additions, modifications or improvements shall be erected, placed or performed on any Lot or Homesite until the construction plans and specifications including, but not limited to, the site plan, design development plan, and exterior plan have been submitted induplicate to and approved in writing by the ARC as hereinafter provided. The ARC is hereby vested with the right, but not the obligation, to refuse to review a request for an improvement or modification, or to deny such a request, if the Owner requestingsame is not a Member in Good Standing. Buildersmay submit their design plans as master design plans, which plans shall include all specifications, including specifications as to brick color and paint color that may be used when building each design. The ARC or the Board may, at their sole discretion, retain and/or delegate review of plans and specifications to a designated AIA architect or other such person or firm as may be designated by the Board, experienced or qualified to review same, who may then render an opinion to the ARC or Board. Approval of plans and specifications shall not cover or include approval for any other purpose and specifically, but without limitation, shall not be construed as any representation as to or responsibility for the structural design or engineering of the improvement or the ultimate construction thereof. In the event the ARC fails to approve such plans and specifications within thirty (30) days after the receipt thereof, they shall be deemed to be disapproved. Notwithstanding any other provision contained herein, any Dwellings, additions, or improvements erected or placed on any Homesite shall be deemed to comply with the Guidelinesand related covenants contained in the Declaration unless the ARC so notifies the Ownerotherwise in writing within four (4) years from the completion thereof. This provision, however, shall not be deemed a waiver of the right of the ARC or Declarant to enforce the continuing restrictions contained herein. The Board and/or the ARC shall have the authority hereunder to require any Owner or Owner’s agents or contractors to cease and desist in constructing or altering any improvements on any Homesite, where such actions have not first been reviewed and approved, constitute a violation of the Declaration, the Guidelines or any other documents promulgated by the Board and/or the ARC. Written notice may be delivered to the Owner, or any agent or contractor with apparent authority to accept same, and such notice shall be binding on Owner as if actually delivered to Owner. The violating Owner shall remove such violating improvements or sitework at its sole expense and without delay, returning same to its original condition or bringing the Homesite into compliance with the Declaration, ARC documentsand any plans and specifications approved by the ARC for construction on that Homesite. If an Owner proceeds with construction that is not approved by the ARC, or that is a variance of the approved plans, the Association may assess fines as provided for herein,and may continue to assess such fines until ARC approval is granted or the violation is removed. This Declaration is notice of such liability for violation and Owners hereby agree to bear the cost and expense to cure any violations according to this provision, regardless of the substantial cost, time or loss of business involved. Each Owner acknowledges that it may not always be possible to identify objectionable 28 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D features of proposed construction or alteration of improvements until such construction and/or alteration is completed, in which case it may be unreasonable to require changes to the improvements involved; however, the ARC may refuse to approve similar proposals in the future. The ARC or its agents or assigns shall have the right, but notthe obligation, to enter any Lot or Homesite to determine if violations of this Declaration, the Guidelines, or any other Dedicatory Instrumentexist. In so doing, the ARC shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. The ARC shall have the right to set reasonable time constraints for both the commencement and completion of construction, which constraints shall be no less than ninety (90) days to commence construction and no more than nine (9) months to complete construction. If construction fails to start before the designated commencement date or is not completed before the designated completion date the plans shall be deemed not approved. Plan approval shall be effective for twelve (12) months after issued by the ARC. If no construction has been commenced within the twelve (12) month period after ARC approval, the planapproval shall expire, and plans must be re-submitted prior to commencement of construction. The ARC has the right to charge a review fee, to be established by the Board, for review of any plans or specifications submitted for approval to the ARC. C.Building Setbacks No Dwelling or other structure shall be erected nearer to any street or property line than as established in the Guidelinesor the applicable plat. In the event there is a conflict between the Guidelines, any other documents imposed uponthe Property that contains a setback requirement, and the applicable plat, the more restrictive will control. Notwithstanding anything to the contrary herein, in no case shall a rear setback on any Lot be less than the width of any easement existing along the rear Lot line of such Lot, as shown on the Plat. Any setback established by the applicable plat shall control, if said setback is more restrictive than the setback established in this Declaration.All Dwellings shall be oriented to the front of theLot.Unless otherwise provided on the applicable plat, no Dwelling shall be built within five (5) feet of a side Lot line.All Lots shall have a minimum rear setback of the greater of ten feet (10’) or the width of any easement. The combining of no morethan two (2) Lots to create one Homesite may bepermitted subject to prior written approval of the ARCand partial release(s) by Declarant, to the extent necessary, of easements created herein. All governmental requirements must be complied with as to combining one Lot with another Lot. If Lots are combined the side set back lines shall be measured from resulting side property lines rather than from the Lot lines as indicated on the Plat. The combining of two Lots shall not forgive the obligation to payAssessmentson all Lots so combined. By way of example and not limitation, if two Lots are combined to create one Homesite, the Homesite shall be obligated to pay two Assessments. 29 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D D.Landscaping All open, unpaved space in the front and at the sides of aHomesite, shall be planted and landscaped. Landscaping in accordance with the plans approved by the ARC must be installed prior to occupancy of any Dwelling constructed on the Property. Any significant changes in the existing landscaping on any Homesitemust have prior written approval from the ARC. Notwithstanding anything contained herein to the contrary, landscaping minimum standards may be established in the Guidelines. The ARC shall have the sole discretion to determine if, as, or when the landscaping on a Lot does not meet the minimum standards established in the Guidelines. E.Grading and Drainage Topography of each and every Homesite must be maintained with proper grading and drainage systems such that runoff of water (rain or other precipitation, or manmade irrigation) does not cause undue erosion of the subject Homesite itself or any other Homesites, whether adjacent to the subject Homesite or not, or to the Common Areas. Owners causing (either directly or indirectly) erosion or other incidental damage to personal or real property due to inadequate or defective grading or drainage measures on their own Homesite, or because of excess runoff shall be liable to all such damaged parties for the replacement, repair and/or restoration of such damaged real or personal property. Owners shall be responsible for ensuring that all local, state and federal rules and regulations regarding drainage and run-off are met. F.Temporary Structures Temporary structures may only be erected on undeveloped Propertyby Builders or the Declarant with the prior written approval of the ARC. Even temporary structures shall be maintained in good condition and all construction debris shall be contained to the site. Time limitations for such structures are limited to the period of active and exclusive construction and sales within the Subdivision. G.Garages Dwellings must at all times have either attached or detached garages. Garages are required to maintain fully operational overhead doors which are in good condition at all times. No garages may be used for or converted to a living area. H.Minimum Square Footage Each Dwelling shall contain no less than 1,629 square feet (as determined by the records maintained by the Harris County Appraisal District). Provided however, that at least sixty-four (64%) of the Dwellings will have at least 2,000 square feet(as determined by the records maintained by the Harris County Appraisal District). 30 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D I.Masonry Requirement Each Dwelling shall have a masonry exterior on one hundred percent (100%) of the first- floor front elevation, and on not less than fifty percent (50%) on each first-floor side elevation. ARTICLE X.MAINTENANCE A.General Maintenance Each Owner shall maintain and keep in good repair his or her Dwelling and all structures, parking areas and other improvements, including driveway and its apron portion forward of the building line comprising the Homesite. All structures and other improvements designed to be painted must be kept painted and the paint may not be allowed to become faded, cracked, flaked or damaged in any manner. Grass, vegetation and weeds on each Homesite shall be cut as often as may be necessary to maintain the same in a neat and attractive condition. Grass growing onto or over sidewalks, driveways, and curbs shall be presumed to be unattractive. B.Landscaping In the event any Owner of any Homesite within the Property fails to maintain the landscaping, grass or vegetation of a Homesite in a manner consistent with the Community Wide Standard established within the Property and satisfactory to the Board, the Board, after providing noticeas may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, shall have the right but not the obligation, through its agent, contractors and/or employees, to exercise its Self Help remedy to bring the Owner’s Lot into compliance with this provision. C.Dwelling and Improvement Exteriors In the event any Owner of any Homesite fails to maintain the exterior of the Homesite or improvement (including but not limited to the exterior of the Dwelling, improvement or other structures and the parking areas)in a manner consistent with the Community Wide Standard established within the Property as solely determined by the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, shall have the right, but not the obligation, through its agents, contractors and/or employees, to enter upon said Homesite and to exercise its Self Help remedy to bring the Owner’s Lot into compliance with this provision. D.Other Hazards To the extent necessary to prevent pestinfestation, diminish fire hazards and/or diminish hazards caused by structural damage, the Association shall have the right, but not the obligation, through its agents, contractors and/or employees, to enter any unoccupied Dwelling or other improvement located upon such Homesite, without notice to take the action necessary to prevent such pestinfestation, diminish such fire hazards or diminish hazards caused by structural damage at the Owner’s expense. Any such expenses, including administrative fees set by the Board, incurred by the Association shall be secured by the continuing lien created herein. 31 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D E.Liability, Cost and Approval Neither the Association nor its agents, contractors, or employees shall be liable, and are expressly relieved from any liability, for trespass or other tort in connection with the exercise of its Self Help remedy, including the performance of the exterior maintenance, landscaping or other work authorized in this Declaration. The cost, including administrative fees set by the Board,of such exterior maintenance, interior hazard diminution and other work shall be the personal obligation of the Owner of the Homesite on which it was performed and shall become part of the Assessment payable by the Owner and secured by the lien retained in the Declaration. Alternately, the Association or any Owner of a Homesite may bring an action at law or in equity to cause the Owner to bring said Homesite into compliance with these restrictions. All Owners’ replacement, repair and restoration practices as to the improvements on Property within the Subdivision are subject to the prior written approval of the ARC and must comply with all Guidelines which may change from time to time, as found necessary and appropriate in the ARC’s sole discretion. F.Casualty Losses It shall be the Owner’s obligation to have repaired or reconstructed any damage or destruction to their Dwelling or Lot. If a Dwelling, landscaping, outbuilding or any other improvement located on a Lot is damaged by fire, storm, or anyother casualty, the Owner shall bring the affected Lot and all improvements thereon, as applicable, into compliance with the Dedicatory Instruments within six (6) months of the date of the casualty, pursuant to the architectural requirements and approval process set forth in the Dedicatory Instruments. Regarding Dwellings that are totally destroyed due to casualty, the Owner(s) of such Dwellings must have the Dwellings or damaged portions of the Dwellings razed within ninety (90) days of the date of the casualty, and replaced within twelve (12) months of the date of the casualty, subject to ARC prior written approval. ARTICLE XI.STANDARDS AND PROCEDURES The ARC may establish and promulgate Guidelines, which the ARC may modify or amend as it deems necessary and appropriate for the orderly development of the Property and the Subdivision, including, but not limited to, those portions of the Guidelines regarding workmanship, materials, building methods, observance of requirements concerning installation and maintenance of public utility facilities and services, and compliance with governmental regulations. The Guidelines may be amended by the ARC without notice, but they shall not be applied retroactively to reverse a prior approval granted by the ARC or the Association to any Owner or prospective purchaser of any Homesite. Subject to the provisions of this Article, there shall be no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. The rules, standards, and procedures set forth in the Guidelines, as same may be amended from time to time, shall be binding and enforceable against each Owner in the same manner as any other restriction set forth in this Declaration. 32 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D ARTICLE XII.VARIANCES The Board, upon the recommendation of the ARC, or its duly authorized representative, may authorize variances from compliance with any of the architectural provisions of this Declarationor Dedicatory Instrument, unless specifically prohibited, including restrictions upon height, size, placement of structures, or similar restrictions, when circumstances suchas topography, natural obstruction, hardship, aesthetic, or environmental considerations may require. Such variances must be evidenced in writing, must be approved by at least a majority of the Board, and shall become effective upon execution. The variance mustbe signed by a member of the Board and recorded in the real property records of Harris County, Texas. If such variances are granted, no violation of the covenants, conditions, or restrictions contained in this Declaration and/or the Dedicatory Instruments shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration and/or the Dedicatory Instruments for any purpose except as to the particular provision hereof covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all applicable governmental laws and regulations. No granting of a variance shall be relied on by any Member or Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in requesting or assuming variance as to any other matter of potential or actual enforcement of any provision of this Declarationand/or the Dedicatory Instruments. Action of the ARC or Board in granting or denying a variance is a decision based expressly on one unique set of circumstances and need not be duplicated for any other request by any party or the same party for any reason whatsoever. Notwithstanding anything contained herein to the contrary, during the Development Period, the Declarant shall have the unilateral right to grant a variance of any of the covenants, conditions and restrictions contained herein so long as the varianceis in keeping with the aesthetics of the Subdivision. ARTICLE XIII.LIMITATION OF LIABILITY NEITHER DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, NOR ANY OF THE RESPECTIVE OFFICERS, AGENTS, MANAGERS, PARTNERS, DIRECTORS, SUCCESSORS OR ASSIGNS OF THE ABOVE, SHALL BE LIABLE IN DAMAGES OR OTHERWISE TO ANYONE WHO SUBMITS MATTERS FOR APPROVAL TO ANY OF THE ABOVE-MENTIONED PARTIES, OR TO ANY OWNER AFFECTED BY THIS DECLARATION BY REASON OF MISTAKE OF JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE ANY MATTERS REQUIRING APPROVAL HEREUNDER. APPROVAL BY THE ARC, THE BOARD, OR THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF WARRANTY OR GUARANTEE AS TO THE INTEGRITY OR WORKABILITY OF THE PLANS NOR THE CONTRACTORS USED. 33 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D ARTICLE XIV.ASSESSMENTS A.Creation of the Lien and Personal Obligation of Assessments The Owners of any Lot, Homesite, by virtue of ownership of Property within the Subdivision, covenant and agree to pay to the Association as applicable: 1.Annual Assessments 2.Special Assessments 3.Capitalization Fee The Annual Assessment, Special Assessment, and Capitalization Fee (collectively the “Assessment”) as set out hereinbelow, together with attorney’s fees, late fees, interest and costs shall be a charge and continuing lien upon the Homesite and/or Lot against which each such Assessment is made. Each such Assessment, together with attorney’s fees, late fees, interest and costs, shall also be the personal obligation of the person or entity who was the Owner of the land at the time when the Assessment became due. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or the Board under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association. The obligation to pay Assessments is a separate covenant on the part of each Owner of a Lot. B.Purpose of Assessments Assessments levied by the Association shall be used for any legal purpose for the benefit of the Subdivision as determined by the Boardand, in particular, may, by way of example and not limitation or obligation, include maintenance, repair or improvement of any Common Area, maintenance costs as required in the Pond Agreement, as same is defined in this Declaration at Article VII, sidewalks, pathways, fountains, parkways, private streets and roads, boulevards, esplanades, setbacks and entryways, patrol service, fire protection, emergency medical service, street cleaning, street lighting, mosquito control, landscape architecture, greenbelts, fences or walls, regulatory signage or directional signage, signalization, special pavement markings, entrances and entrance monuments, public or private art or sculptures, other services as may be in the Property’s and Owners’interest and all buildings, services, improvements and facilities deemed necessary or desirable by the Board in connection with the administration, management, control and operation of the Subdivision. The Association may, in its sole discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Association in good faith shall be binding and conclusive on all members. Parkways, fountains, detention areas, water features, esplanades, setbacks and entryways that are and/or are not contained in any Common Area may be included in the Association’s maintenance if, in the sole discretion of the Board, the maintenance of such areas benefits the Association’s Members. Assessments levied by the Association may be used, in the sole discretion of the Association, to pay the Association’s fair allocation for maintenance costs for the participation in any cost sharing and maintenance agreement among other property owners associations and/or property owners in the area and for 34 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D consolidated programs that provide consistency and economics of scale. Approval to enter such agreements shall require a majority vote of the Board. C.Annual Assessment The Lots within the Subdivision shall be subject to the Annual Assessment, as follows: 1.Creation Payment of the Annual Assessment shall be the obligation of each Owner, subject to the provisions below,and shall constitute a lien on the Homesite, or Lot(s), binding and enforceable as provided in this Declaration. 2.Rate The initial Annual Assessment established by the Association shall not exceed ________________________($______) per Lot. The combining of two or more Lots shall not forgive the obligation of the Owner(s) of such combined Lots to pay Annual Assessments on all Lots so combined. By way of example and not limitation, if two Lots are combined to create oneHomesite, the Homesite shall be obligated to pay two Annual Assessments. Declarant shall elect annually to either subsidize the approved budget for the subsequent year by paying the difference between the total approved operating budget for the year less the total amount due by Class A Members, or elect to pay Annual Assessments at the rate of fifty percent (50%) of the amount assessed Class A Members for each Lot owned. The Declarant’s obligation to fund the deficit shall automatically terminate without further action or consent by any party, when Declarant no longer owns any portion of the Property. Declarant is required to provide written notice to the Board st each year by September 1of the elected option. Failure to provide such notice will result in Declarant being billed in the manner of the last option taken by Declarant. If no option has ever been taken by Declarant, then Declarant shall be billed the difference between the total approved operating budget for the year less the total amount due by Class A Members. A Builder shall be responsible to pay fifty percent (50%) of the Annual Assessment of other Lot Owners, for the period of time that the Builder owns a Lot. Notwithstanding anything contained herein to the contrary, any Lot being used by Declarant as a model home or sales officeLotshall not be subject to any Assessments created herein. Upon conveyance of such model home or sales officeLotto a purchaser, said Lot shall thereafter be subject to all Assessmentsand charges provided for in this Declaration and as secured by the lien created herein. 3.Commencement For purposes of calculation, the initial Annual Assessment for a Lot shall commence on the date of closing. Annual Assessments shall be due in advance on st January 1for the coming year and shall be delinquent if not paid in full as of January st 31of each year. 35 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D 4.Proration An Owner’s initial Annual Assessment shall be made for the balance of the calendar year as determined on a pro-rata basis and shall become due and payable on the commencement date described above. The Annual Assessment for any year after the first year shall be due and payable on the first day of January. Any Owner who purchases a Lot or Lots after the first day of January inany year shall be personally responsible for a pro-rated Annual Assessment amount for that year. 5.Levying of the Assessment The Annual Assessment shall be levied at the sole discretion of the Board. The Board shall determine the sufficiency or insufficiency of the then-current Annual Assessment to reasonably meet the expenses for providing services and capital improvements in the Subdivision and may, at its sole discretion and without a vote by the Members, increase the Annual Assessment in an amount up to ten percent (10%) annually. The Annual Assessment may only be increased by more than ten percent (10%) annually if such increase is approved by Ownersofa majority of the Lotspresent, in person or by proxy,at a meeting called for said purpose at which a quorum is present in person or by proxy. The Annual Assessment shall not be adjusted more than once in a calendar year nor shall any increase be construed to take effect retroactively, unless otherwise approved by Owners of a majority of the Lotssubject to such Annual Assessments present at a meeting called for said purpose at which a quorum is present in person or by proxy. Annual Assessments shall be paid in such manner and on such dates as the Board may establish, which may include discounts for early payment or similar time/priceand method of paymentdifferentials. The Board may require advance payment of Annual Assessments at closing of the transfer of title to a Lot, and impose special requirements for Owners with a history of delinquent payment. The annexation of all or a portion of property adjoining the Subdivisionmay result in the Board adjusting the rate of Annual Assessments to be charged to the annexed property such that the adjusted Annual Assessments may not be uniform with the Annual Assessments being charged to other Owners. The Board shall have the absolute discretion to determine any such adjustment on a case-by-case basis. D.Special Assessment In addition to the Annual Assessment authorized above, the Association may levy a Special Assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, modification, repair or replacement of a capital improvement in the Common Area, or any unbudgeted expenses or expenses in excess of those budgeted, unusual, infrequent expense benefiting the Association, provided that any such Special Assessment shall have the approval of both (i) the Owners of a majority of the Lotspresentat a meeting duly called for this purpose at which a quorum is presentin person or by proxy; and (ii) the written approval of the Declarant duringthe Development Period. Such Special Assessments 36 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D will be due and payable as set forth in the resolution authorizing such Special Assessment and shall be levied only against those Owners subject to the Annual Assessment as set forth hereinaboveand shall be prorated in accordance therewith. The Association, if it so chooses, may levy a Special Assessment against only those Lots benefited by or using the capital improvement for which the Special Assessment is being levied. Special Assessments shall be due upon presentment of an invoice, or copy thereof, for the same to the last-known address of the Owner. Declarant shall not be obligated to pay Special Assessments. E.Capitalization Fee Each purchaser of a Lot within the Subdivision, other than the Declarant, hereby covenants and agrees to pay to the Association a one-time payment, which shall be an amount determined by the Board, but in no event may be greater than one hundred percent (100%) of the Annual Assessment , as applicable (the “Capitalization Fee”). Such Capitalization Fee shall be payable to the Association at the closing of the transfer of title to a Lot. The payment of the Capitalization Fee shall be secured by the continuing lien set out herein and shall be collected in the same manner as Assessments. The transferring Owner shall notify the Association’s Secretary, or managing agent, of a pending title transfer at least seven days prior to the transfer. Such notice shall include the name of the purchaser, the date of title transfer, and other information as the Board may require. The Capitalization Fee may be used by the Association for any purpose, which in the Association’s sole discretion is for the benefit of the Subdivision, including, but not limited to, maintenance of the lakes, ponds, and other bodies of water, installation, maintenance and improvement of Recreation Sites and the facilities located thereon, maintenance of gates, fences, and/or monuments, if any, which in the Association’s sole discretion, benefit the Subdivision, and/or placement of such Capitalization Fee in a reserve account. This amount shall be in addition to, not in lieu of, the Annual Assessment and shall not be considered an advance payment of such Annual Assessments. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association. E.Collection and Remedies for Assessments 1.The Assessments provided for in this Declaration, together with attorneys’ fees, interest, late fees and costs as necessary for collection, shall be a charge on and a continuing lien upon the land against which each such Assessment is made. Each such Assessment, together with attorney’s fees, interest, late fees,and costs, shall also be the personal obligation of the Owner of the Lotat the time the Assessment became due. This personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by them. 2.Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (1) eighteen percent (18%) or (2) the maximum non-usurious rate of interest. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by reason of non-use or abandonment. 37 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D 3.In order to secure the payment of the Assessments hereby levied, a lien is hereby reserved in each deed from the Declarant to the Owner of each Lotin the Subdivision, which lien may be foreclosed upon pursuant to the laws of the State of Texas; each Owner grants a power of sale to the Association to sell such property upon default in payment by any amount owed. Alternatively, the Association may judicially foreclose the lien or maintain an action at law to collect the amount owed. The President of the Association,or his or her designee,is hereby appointed Trustee to exercise the Association’s power of sale. Trustee shall not incur any personal liability hereunder except for his or her own willful misconduct. Although no further action is required to create or perfect the lien, the Association may, as further evidence give notice of the lien, by executing and recording a document setting forth notice that delinquent sums are due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However thefailure of the Association to execute and record any such document shall not, to any extent, affect the validity, enforceability, or priority of the lien. If required by law, the Association shall also give notice and an opportunity to cure the delinquency to any holder of a lien that is inferior or subordinate to the Association’s lien, pursuant to Section 209.0091 of the Texas Property Code, or its successor statute. In the event the Association has determined to foreclose itslien provided herein,and to exercise the power of sale hereby granted, such foreclosure shall be accomplished pursuant to the requirements of Section 209.0092 of the Texas Property Code by first obtaining a court order in an application for expedited foreclosure under the rules adopted by the Supreme Court of Texas. Notwithstanding anything contained herein to the contrary, in the event that the laws of the State of Texas are changed to no longer require a court order in an application for expedited foreclosure, the Association may pursue foreclosure of its lien via any method established herein, including but not limited to nonjudicial foreclosure, as may be permitted by the then-current law, without the necessity of amending this Declaration. At any foreclosure proceeding, any person or entity, including but not limited to the Declarant, Association or any Owner, shall have the right to bid for such Lotat the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. During the periodsuch foreclosedLotisowned by the Association following foreclosure, (1) no right to vote shall be exercised on its behalf; and, (2) no Assessment shall be levied on it. Out of the proceeds of such sale, there shall be paid all expenses incurred by the Association in connection with such default, including attorneys’ fees and trustee’s fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount of Assessments in default inclusive of interest, late charges and attorneys’ fees; and, third, the remaining balance, if any, shall be paid to such Owner. Following any such foreclosure, each Occupant of any such Lotforeclosed on and each Occupant of any improvements thereon shall be deemed to be a tenant-at-sufferance and may be removed from possession by any lawful means. F.Subordination of the Lien to Purchase Money Mortgages 38 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D The lien for Assessments, including interest, late charges, costs and attorney’s fees, provided for herein shall be subordinate to the lien of any purchase moneymortgage on any Lot or Homesite. The sale or transfer of any Lot or Homesite shall not affect the lien. The sale or transfer shall not relieve such Lot or Homesite from lien rights for any Assessments thereafter becoming due. Where the mortgagee holding a purchase moneymortgage of record or other purchaser of a Lot or Homesite obtains title pursuant to foreclosure of the mortgage, it shall not be liable for the share of the Assessments or other charges by the Association chargeable to such Lot or Homesite that became due prior to such acquisition of title. However, from the date of foreclosure forward, such Assessments shall again accrue and be payable to the Association. G.Notice of Delinquency When theAssociation or its agent or designee givesa written notice of the Assessment to any Owner who has not paid an Assessment that is due under this Declaration, such notice will be mailed to the Owner’s last known address. The address of the Lotor Homesiteshall be presumed to be the address for propernotice unless written notice of another address has been provided by the Owner to the Association. ARTICLE XV.MODIFICATION AND TERMINATION OF COVENANTS A.Declarant In addition to specific amendment rights granted elsewhere in this Declaration, until termination of the Development Period, the Declarant may unilaterally amend this Declaration and any Supplemental Amendment for any purpose; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing. After the expiration of the Development Period, the Declarant may unilaterally amend this Declaration and any Supplemental Amendmentat any time without the joinder or consent of any Owners, entity, Lender or other person to amend this Declaration and any Supplemental Amendment if such amendment is (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation, or judicial determination; (b) necessary to enable any reputable title insurance company to issue title insurance coverage on Lots and Homesites; (c) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots or Homesites; (d) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on Lots or Homesites; or (e) for the purpose of clarifying or resolving any ambiguities or conflicts herein or in any Supplemental Amendment, or correcting any inadvertent misstatements, errors or omissions herein or in any Supplemental Amendment; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing. Any amendment to the Declaration or a Supplemental Amendment made by Declarant shall be recorded in the Real Property Records of HarrisCounty, Texas, whereupon to the extent 39 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D of any conflict with this Declaration or Supplemental Amendment, and any amendment thereto, the more restrictive provision shall control. Any amendment made by the Declarant shall become effective upon recording unless otherwise specified in the amendment. B.Owners During the Development Period, this Declaration and any Supplemental Amendment may be amended, modified or terminated by the written consent of Declarant and the approval of Owners of a majority of the Lots. After the termination of the Development Period, approval by the Owners of a majority of the Lots shall be required to amend, modify or terminate this Declaration and any Supplemental Amendment; provided however, any such amendment must be approved in writing by the Association. Upon approval of the Owners, as set out above of said amended declaration or amended supplemental amendment (as evidenced by the President’s or Vice-President’s signature) the amended declaration or amended supplemental amendment shall be recorded in the Real Property Records of Harris County, Texas, whereupon to the extent of any conflict with this Declaration or Supplemental Amendment and any amendment thereto, the more restrictive provision shall control. For purposes of this Section, the approval of multiple Owners of a Lotmay be reflected by the signature of any one Owner of such Lot. Notwithstanding anything contained herein to the contrary, the Association shall be entitled to use any combination of the following methods to obtain approval of the Owners for an amendment to the Declaration and any Supplemental Amendment: 1.by written ballot, or electronic ballot as same may be established by the Board, that states the substance of the amendment and specifies the date by which a written or electronic ballot must be received to be counted; 2.at a meeting of the Members of the Association, if written notice of the meeting stating the purpose of the meeting is delivered to the Owners of the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the Owner’s last known mailing address, as reflected in the Association’s records, or via email to the Owner’s email address as reflected in the Association’s records; 3.by door-to-door circulation of a petition by the Association or a person authorized by the Association; and/or 4.by any other method permitted under this Declaration or applicable law. Any limitation of amendment to the Declaration and any Supplemental Amendment related to said Property shall not limit the rights of the Declarant pertaining to the Declaration and any Supplemental Amendment as otherwise herein reserved. Particularly reserved to the Declarant, is the right and privilege of Declarant to designate the use and architectural restrictions applicable to any portion of the Properties, as provided herein; and such designation, or subsequent change of designation, shall not be deemed to adversely affect any substantive right of any existing Owner. 40 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D ARTICLE XVI.ALTERNATE DISPUTE RESOLUTION A.Dispute Resolution No dispute between any of the followingentities or individuals shall be commenced until the parties have submitted to non-binding mediation: Owners; Members; the Board of Directors; officers in the Association; or the Association. Disputes between Owners that are not regulated by the Declaration shall not be subject to the dispute resolution process. B.Outside Mediator In a dispute between any of the above entities or individuals, the parties must voluntarily submit to the following mediation procedures before commencing any judicial or administrative proceeding. Each party will represent himself/herself individually or through an agent or representative, or may be represented by counsel. The dispute will be brought before a mutually selected mediator. Such mediator will either be an attorney-mediator skilled in community association law, a Professional Community Association Manager as certified by the Community Associations Institute, or a Certified Property Manager as certified by the Institute of Real Estate Managers. In order to be eligible to mediate a dispute under this provision, a Mediator may not reside in the Subdivision, work for any of the parties, represent any of the parties, nor have any conflict of interest with any of the parties. The Board shall maintain a list of no less than five (5) potential mediators, but the parties will be in no way limited to their choice by this list. Costs for such mediator shall be shared equally by the parties. If the parties cannot mutually agree upon the selection of a mediator after reasonable efforts (not more than thirty (30) days), each party shall select their own mediator and a third will be appointed by the two selected mediators. If this selection method must be used, each party will pay the costs of their selected mediator and will share equally the costs of the third appointed mediator. C.Mediation is Not a Waiver By agreeing to use this Dispute Resolution process, the parties in no way waive their rights to extraordinary relief including, but not limited to, temporary restraining orders or temporary injunctions, if such relief is necessary to protect or preserve a party's legal rights before a mediation may be scheduled. D.Assessment Collection and Lien Foreclosure The provisions of this Declaration dealing with Alternate Dispute Resolution shall not apply to the collection of Assessments and/or the foreclosure of the lien by the Association as set out in the Declaration. E.Term This Article shall be in full force and effect for an initial period of three (3) years from the date of execution of this Declaration. However, this Article shall remain in full force and 41 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D effect unless, at the first open meeting of the Association after such initial period, a majority of the Board of Directors votes to terminate the provisions of this Article. ARTICLE XVII.GENERAL PROVISIONS A.Severability The invalidity of any one or more of the provisions of this Declaration shall not affect the validity of the other provisions thereof. B.Compliance with Laws At all times, each Owner shall comply with all applicable federal, state, county, and municipal laws, ordinances, rules, and regulations with respect to the use, occupancy, and condition of the Homesite and any improvements thereon. If any provision contained in this Declaration or any supplemental declaration or amendment is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law. C.Gender and Number The singular wherever used herein shall be construed to mean or include the plural when applicable, and the necessary grammatical changes required to make the provisions hereof applicable either to corporations (or other entities) or individuals, male or female, shall in all cases be assumed as though in each case fully expressed. D.Headlines The titles and captions for this Declaration and the sections contained herein are for convenience only and shall not be used toconstrue, interpret, or limit the meaning of any term or provision contained in this Declaration. E.Governing Law The provisions in this Declaration shall be governed by and enforced in accordance with the laws of the State of Texas. Any and all obligations performable hereunder are to be performed in HarrisCounty, Texas. F.Fines for Violations The Association may assess fines for violations of the Dedicatory Instruments, other than non-payment or delinquency in Assessments, in amounts to be set by the Board of Directors, which fines shall be secured by the continuing lien set out in this Declaration. G.Books and Records The books, records and papers of the Association shall, upon written request and by appointment, during normal business hours, be subject to inspection by any Member, pursuant to a Records Production and Copying Policy adopted by the Association. 42 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D H.Notices Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sentwhen mailed, postpaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing. I.Mergers Upon a merger or consolidation of the Association with another association as provided in its Certificate of Formation, the Association’s properties, assets, rights and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, assets, rights and obligations of another association may be transferred to the Association as a surviving corporation or to a like organization or governmental agency. The surviving or consolidated association shall administer any restrictions together with any Declarations of Covenants, Conditions and Restrictions governing these and any other properties, under one administration. No such merger or consolidation shall cause any revocation, change or addition to this Declaration. J.Current Address and Occupants Owners are required to notify the Association in writingof their current address if other than the physical address of the LotorHomesite at all times. If an Owner fails to notify the Association of their current address, the Association shall use the address of the Lotor Homesite as the current address. If Owner leases the property, he shall supply the name of the Occupant present upon the execution of any lease. K.Security NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, NOR THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE PROPERTY. NEITHER SHALL THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR SUCCESSOR DECLARANT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT ORANY SUCCESSOR DECLARANT DOES NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OROTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING, OR OWNER OR USER OF AN IMPROVEMENT, ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND IMPROVEMENTS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, 43 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D DECLARANT OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNEROR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANYSECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY. L.View Impairment Neither the Declarant, nor the Association, guarantee or represent that any view over and across the Lots, Common Areas, reserves or open space within the Subdivision will be preserved without impairment. The Declarant and the Association shall have no obligation to relocate, prune, or thin trees or shrubs on the Common Area. The Association shall have the right to add trees and other landscaping to the Common Area. There shall be no express or implied easements for view purposes or for the passage of light and air. M.Video, Data and Communication Service Agreements Subject to the approval of the Declarant during the DevelopmentPeriod, the Association has or may hereafter enter intoan agreement with a service provider for the provision of cable television and/or other communication services in order to obtain access to benefits and services for the benefit of Owners and Dwellings located in the Subdivision. Payment for services and benefits provided pursuant to video, data and/or communication service agreements executed pursuant to this provision will be made from Assessments levied and collected by the Association pursuant to the authority granted herein, and such Assessments shall be supported by the lien created herein. While Owners are free to obtain the same or similar services from a provider of their choice, no Owner may avoid paying any portion of Assessments levied based on non-use of video, data or communication services provided and paid for by the Association with Assessments. N.Occupants Bound All provisions of the Dedicatory Instruments applicable to the Property and Owners, shall also apply to all Occupants of any Lot or Dwelling. Every Owner shall cause all Occupants to comply with the foregoing, and every Owner shall be responsible for all violations, losses, or damages caused by an Occupant, notwithstanding the fact that such Occupant is jointly and severallyliable and may be sanctioned for any violation. In addition to all other remedies available to the Association in the event of a violation by an Occupant, the Association may require that the Occupant be removed from and not be allowed to return to the Subdivision and/or that any lease, agreement or permission given allowing the Occupant to be present be terminated. O.Transfer of TitleandResale Certificate 1.Transfer of Title:Any Owner,other than the Declarant, desiring to sell or otherwise transfer title to his or her Lotshall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, 44 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D and such other information as the Board may reasonably require. Theperson, other than the Declarant,transferring title shall continue to be jointly and severally responsible with the person accepting title for all obligations of the Owner, including Assessment obligations, until the date upon which the Board receives such notice, notwithstanding thetransfer of title. Upon acceptance of title to a Lot, the new Owner of the Lot shall pay to the Association an administrative transfer fee to cover the administrative expenses associated with updating the Association’s records, which transfer fee is supported by the lien created herein. Such fees shall be in such amount as the Board may reasonably determine necessary to cover its costs, including but not limited to, and fees charged by a management company retained by the Association for updating its records. 2.Resale Certificate:No Owner,other than the Declarant,shall transfer title to a Lot, together with the improvements thereon, unless and until he or she has requested and obtained a resale certificate signed by a representative of the Associationas described in Chapter 207of the Texas Property Code, or its successor statute (“Resale Certificate”) indicating, in addition to all other matters described in Chapter 207, the information required in Section 5.012 of the Texas Property Code. The Association may charge a reasonable fee to prepare, assemble, copy, and deliver a Resale Certificate and accompanying information and any update to a Resale Certificate, which charge is supported by the lien created herein. SIGNATURE PAGE FOLLOWS 45 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this _____ day of _____________, 2014. DECLARANT: BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: its general partner, Beazer Homes Texas Holdings, Inc., a Delaware corporation By:_______________________________________ Print Name: Print Title: _______________________________ STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME, the undersigned authority, on this day personally appeared ____________________, the __________________ of Beazer Homes Texas Holdings, Inc., the general partner of Beazer Homes Texas, L.P., known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes herein expressed and in the capacity herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of_________, 2014. ______________________________________ Notary Public –State of Texas 46 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. EXHIBIT D LIENHOLDER CONSENT AND SUBORDINATION ____________________________, a ________________, being the sole beneficiary of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the Property hereby consents to the terms and provisions of this Declarationto which this Lienholder Consent and Subordination is attached and acknowledges that the execution thereof does not constitute a default under the lien document or any other document executed in connection with or as security for the indebtedness above described, and subordinates the liens of the lien document and any other liens and/or security instruments securing said indebtedness to said Declaration(and the covenants, conditions and restrictions in this Declaration), and acknowledges and agrees that aforeclosure of said liens and/or security interests shall not extinguish this Declaration(or the covenants, conditions and restrictions in this Declaration). No warranties of title are hereby made by lienholder, lienholder's joinder herein being solely limited to such consent and subordination. SIGNED AND EXECUTED THIS on __________________________________, 2014. _______________________________________ By: ____________________________________ Title. ____________________________________ STATE OF ________________§ COUNTY OF _____________ § This instrument was acknowledged before me on the _____ day of __________________ 2014, by _______________________________, the ________________________________ of _________________________,on behalf of said entity. _________________________________________ Notary Public –State of ____________________ 47 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved. CityofLaPorte,Texas PlanningandZoningCommission July17,2014 AGENDAITEM6 Discussiononsecurityandsurveillancesystemrequirements forhotel/moteluses. 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting July17,2014 Hotel/MotelSecurityandSurveillanceSystemRequirements PlanningandDevelopmentDepartment StaffReport ISSUE ShouldthePlanningandZoningCommissionrecommendamendingthezoning ordinancetorequiresecurityandsurveillancesystemforhotelandmoteluses? RECOMMENDATION Noformalrecommendationisprovidedatthistimeasthisitemisbeingpresentedto theCommissionfordiscussionpurposes. DISCUSSION AttheJune19,2014PlanningandZoningCommissionregularmeetingstaffpresenteda discussiontoCommissionregardingpossiblemodificationstotheĭźƷǤ͸ƭregulations concerninghotel/moteldevelopment.Staffhasincorporatedthe/ƚƒƒźƭƭźƚƓ͸ƭ recommendationsintotheoverallmodificationsbeingproposedtoChapter106. requiring Itwasrecommendedthatlanguagebeincludedinthezoningordinance hotel/motelusestoinstallasecurityandsurveillancemonitoringsystem.Staffhas draftedacoupleoptionsforconsiderationanddiscussionbytheCommission.The optionthatisdesiredbytheCommissionwillbeincorporatedintotheChapter106 revisions. TheCityofLatƚƩƷĻ͸ƭPoliceDepartmentsupportsthecityrequiringhotelandmotel usestoinstallasecurityandsurveillancesystem.Suchsystemwouldassistthepolice departmentintheeventofcriminalactivityatahotelormotel.Thisrequirementcould beaddedasanoteonasitedevelopmentplanassociatedwithnewconstructionor enforcedatthetimeofzoningpermitforexistinghotelsormotels. Option1: Thefirstoptionwouldbetorequirehotel/motelusestoinstallasecurityand surveillancesystematallingressandegresspointstothebuilding/s.Thisrequirement couldbeaddedwithamodificationtotheͻŅƚƚƷƓƚƷĻƭͼofTableA,Commercialand IndustrialUses,requiringsuchsystem.Thefollowingisarecommendationon modificationsthatcouldbemadetoaccommodatethisoption.Staffbelievesthisoption isareasonablerequirementforhotel/motelusesinthecommunity.Althoughthereisa 1 PlanningandZoningCommissionRegularMeeting July17,2014 SecurityandSurveillanceSystemRequirementsforHotel/MotelUses financialcommitmentrequiredtothosebusinesses,itisminimalincomparisonto Option2. ARTICLE III. – DISTRICTS; DIVISION 1. GENERALLY Sec. 106-310, Table A, Commercial & Industrial Uses 2012 NAICS 2012 NAICS Title Code **NC MS GC MU BI LI HI FN 721110 Hotels (except Casino Hotels) and 12121212 12 fn MotelsPP PPP Footnotes: 12.HotelsandmMotelsUses.Hotelsandmotelsareallowedsubjecttoapprovalofaareconditional useunderthisChapterwhenadjacenttowithin250feetofresidentialzonedproperties(R1,R2,R3, MH,andLLzoningdistricts).Allhotelandmotelsarerequiredtoinstallandoperateasecurityand surveillancesystematallingress/egresspointstothebuilding/s. Option2: Option2couldbeincorporatedshouldtheCommissiondesireamorecomprehensive securityandsurveillancesystemthatwouldmonitorparkinglotareasaswellasingress andegresspoints.Ifthisisthedesiredoption,theabovefootnotecouldbefurther modifiedtorequiresuchasystem tomonitortheentireparkinglotareaaswellasany loadingdocksoringress/egresspointstothebuilding.Thisoptioncouldbesignificantlymore costlyforbusinesses. ARTICLE III. – DISTRICTS; DIVISION 1. GENERALLY Sec. 106-310, Table A, Commercial & Industrial Uses 2012 NAICS 2012 NAICS Title Code **NC MS GC MU BI LI HI FN 721110 Hotels (except Casino Hotels) and 12121212 12 fn MotelsPP PPP Footnotes: 12.HotelsandmMotelsUses.Hotelsandmotelsareallowedsubjecttoapprovalofaareconditional useunderthisChapterwhenadjacenttowithin250feetofresidentialzonedproperties(R1,R2,R3, MH,andLLzoningdistricts).Allhotelandmotelsarerequiredtoinstallandoperateasecurityand surveillancesystemtomonitortheentireparkinglotareaandallingress/egresspointstothebuilding/s. \[The blue highlighted text represents modifications to the footnote related to the various options. The yellow highlighted text addresses the Commission’s recommended modification requiring hotel/motel uses to be allowed subject to approval of a conditional use when within 250 feet of residentially zoned property, as previously directed.\] 2 CityofLaPorte,Texas PlanningandZoningCommission July17,2014 AGENDAITEM7 UpdateonChapter106Revisions: PresentationofSection106310,TableA,CommercialandIndustrialuses. 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting July17,2014 Section106310,TableA,CommercialandIndustrialUses PlanningandDevelopmentDepartment StaffReport DISCUSSION StaffispresentingtothePlanningandZoningCommissionanupdateontheprogressof theChapter106SubcommitteeworkandspecificallytheproposedSection106310, TableAwhichoutlinescommercialandindustrialuses. TheSubcommitteeisrecommending,withthisproposedtable,combiningboththe commercialandindustriallandusetables(Sections106441and106521,respectively) andrelocatingthemtoanewSection106310.TheattachedExhibitAistheproposed Section106310andExhibitBincludesSections106441and106521ofthecurrent code. Inthecurrentversionofthecode,landusesintheCityofLaPortewerecategorized throughtheStandardIndustryClassification(SIC)systemandtheindustrynumber assignedtoindividualuses.TheSICwasadoptedin1987andtheUnitedStatesOfficeof ManagementandBudgethassincetransferredtheindustryclassificationsystemtothe NorthAmericanIndustryClassificationSystem(NAICS).Asaresult,theSIChasbecome obsolete.TheSubcommitteewentthroughtheentireNAICSclassificationmanualand incorporatedthoseclassificationsintheproposedtable.TheSubcommitteealso incorporatedallapplicableͻŅƚƚƷƓƚƷĻƭͼintothenewtable. MU,MixedUseDistrict.This Ofnoteforthisdiscussion,thetableincludestheproposed districtisestablishedatthedirectionofthePlanningandZoningCommissionandbased ontheĭźƷǤ͸ƭComprehensivePlan.Thepartofthecommunitywherethisdistrictin intendedtobeapplicablefollowingacityinitiatedrezoningarethecirclesnearSylvan BeachcurrentlyzonedNC,NeighborhoodCommercialDistrict.TheMUDistrictis intendedtoallowforresidentialandlimitedcommercialusesoramixofresidentialand commercialusesscaledinsuchamannerastocomplementtheimmediate neighborhoodanditsresidentialcharacter.The106Subcommitteehasidentifiedthose NAICSusestheyrecommendincludingaspartoftheMUDistrict,includingsinglefamily residentialandlimitedcommercialuses. ATTACHMENTS ExhibitA:ProposedSection106310,TableA,CommercialandIndustrialuses ExhibitB:Sections106441and106521oftheCurrentCode 1 EXHIBIT A Sec. 106-310, Table A, Commercial and industrial uses 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 33 Artisan shops with a retail component 1,000 sq ft max P P Artisan shops with a retail component 2,500 sq ft max P 3 P 3 C Offices only for any use code P P P P P All uses permitted or/accessory in R-3 zone, except single- family detached and special lot, duplexes, quadruplexes, 1 townhouses, and multifamily P P P P fn Single-family detached P 2 P fn All Conditional uses in R-3 zone C C C C 11 Agriculture,Forestry,Fishing & Hunting ** 21 Mining ** 22 Utilities ** 23 Construction 236 Construction of Buildings P P P P P 237 Heavy and Civil Engineering Construction P P P 238 Speciality Trade Contractors 238110 thru 238390 P P P P P 238910 Site Preparation Contractors C P P P 238990 All Other Specialty Trade Contractors C P P P 31-33 Manufacturing 311 Food Manufacturing 311111 thru 311520 C P 311611 thru 311710 C C 311811 Retail Bakeries P P P P P P P 311812 thru 311999 C P 312 Beverage and Tobacco Product Manufacturing 312111 thru 312113 C P 312120 thru 312140 C C C C C C P 312230 Tobacco Manufacturing C P 313 Textile Mills P P P 314 Textile Product Mills P P P 315 Apparel Manufacturing P P P 316 Leather and Allied Product Manufacturing 316110 Leather and Hide Tanning and Finishing C 316210 thru 316998 C P P 321 Wood Product Manufacturing ** 322110 ** thru 322130 322211 Corrugated and Solid Fiber Box Manufacturing C P 322212 Folding Paperboard Box Manufacturing C P 322219 Other Paperboard Container Manufacturing P P P 322220 thru 322299 C P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 323 Printing and Related Support Activities 323111 Commercial Printing (except Screen and Books) P P P 323113 Commercial Screen Printing P P P P P 323117 Books Printing P P P P P 323120 Support Activities for Printing P P P 324 Petroleum and Coal Products Manufacturing ** 325 Chemical Manufacturing ** 326 Plastic and Rubber Products Manufacturing C C P 327 Non Metallic Mineral Product Manufacturing 327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing C C P 327120 thru 327999 P 331 Primary Metal Manufacturing P 332 Fabricated Metal Product Manufacturing 332111 thru 332119 P P 332215 - 332722 P P P 332811 Metal Heat Treating C P P 332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers P P 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring P P P 332911 Industrial Valve Manufacturing P P 332912 Fluid Power Valve and Hose Fitting Manufacturing P P 332913 Plumbing Fixture Fitting and Trim Manufacturing P P P 332919 Other Metal Valve and Pipe Fitting Manufacturing P P P 332991 Ball and Roller Bearing Manufacturing P P 332992 Small Arms Ammunition Manufacturing P 332993 Ammunition (except Small Arms) Manufacturing P 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing C 332996 Fabricated Pipe and Pipe Fitting Manufacturing P P 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing P P P 333 Machinery Manufacturing 333111 thru 333244 P P 333249 thru 333318 P P P 333413 Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing P P 333414 Heating Equipment (except Warm Air Furnaces) Manufacturing P P P 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing P P P 333511 thru 333613 P P 333618 Other Engine Equipment Manufacturing P P P 333911 Pump and Pumping Equipment Manufacturing P P 333912 Air and Gas Compressor Manufacturing P P 333913 Measuring and Dispensing Pump Manufacturing P P P 333921 Elevator and Moving Stairway Manufacturing P P 333922 Conveyor and Conveying Equipment Manufacturing P P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing P P P 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing P P 333991 Power-Driven Hand tool Manufacturing P P 333992 Welding and Soldering Equipment Manufacturing P P P 333993 Packaging Machinery Manufacturing P P 333994 Industrial Process Furnace and Oven Manufacturing P P P 333995 Fluid Power Cylinder and Actuator Manufacturing P P 333996 thru 333999 P P P 334 Computer and Electronic Product Manufacturing 334111 thru 334118 P P 334210 thru 334614 P P P 335 Electrical Equipment, Appliance, and Component Manufacturing 335110 thru 335314 P P P 335911 thru 335929 P P 335931 thru 335999 P P P 336 Transportation and Equipment Manufacturing 336111 thru 336214 P P 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing P P P 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing P P P 336330 thru 336350 P P 336360 Motor Vehicle Seating and Interior Trim Manufacturing P P P 336370 Motor Vehicle Metal Stamping P P 336390 Other Motor Vehicle Parts Manufacturing P P P 336411 thru 336510 P P 336611 Ship Building and Repairing P 336612 Boat Building C P P P 336991 Motorcycle, Bicycle, and Parts Manufacturing P P P 336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing P P 336999 All Other Transportation Equipment Manufacturing P P 337 Furniture and Related Product Manufacturing 337110 Wood Kitchen Cabinet and Countertop Manufacturing P 3 P 3 P P P fn 337121 Upholstered Household Furniture 33 Manufacturing P P P P P fn 33 337122 Non-upholstered Wood Household Furniture Manufacturing P P P P P fn 337124 thru 337920 P P P 339 Miscellaneous Manufacturing P P P 42 Wholesale Trade EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 423 Merchant Wholesalers, Durable Goods 4233110 thru 423510 P P P 423520 Coal and Other Mineral Merchant Wholesalers P 423610 thru 423740 P P P 423810 thru 423860 C P 423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers C P P P 444 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers C P P Pfn 423930 Recyclable Material Merchant Wholesalers P 423940 Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers P P P 423990 Other Miscellaneous Durable Goods Merchant Wholesalers P P P 424 Merchant Wholesalers, Nondurable Goods 424110 thru 424490 P P P 424510 thru 424590 P P 424610 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers P P P 424690 Other Chemical and Allied Products Merchant Wholesalers P P P 424710 Petroleum Bulk Stations and Terminals C 424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) C P P 424810 Beer and Ale Merchant Wholesalers P P P 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers P P P 424910 Farm Supplies Merchant Wholesalers C P 424920 thru 424990 C P P 425 Wholesale Electronic Markets and Agents and Brokers P P P P 44-45 Retail Trade 441 Motor Vehicles and Parts Dealers 441110 New Car Dealers P P P P P 441120 Used Car Dealers P P P P P 441210 Recreational Vehicle Dealers P P P P 441222 thru 441320 P P P P P 442 Furniture and Home Furnishings Stores P P P P P 443 Electronics and Appliance Stores P P P P P P 444 Building Material and Garden Equipment and Supplies Dealers 444110 Home Centers P P P P 444120 Paint and Wallpaper Stores P P P P P 444130 Hardware Stores P P P P P P 444190 thru 444220 P P P P P 445 Food and Beverage Stores P P P P P P P 446 Health and Personal Care Stores P P P P P P P 447 Gasoline Stations 447110 Gasoline Stations with Convenience Stores P P P P P P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 447190 Other Gasoline Stations P 5 P 5 P 5 P 5 fn 448 Clothing and Clothing Accessories Stores P P P P P P P 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores P P P P P P P 452 General Merchandise Stores 452111 thru 452910 P P P P 452990 All Other General Merchandise Stores P P P P P P P 453 Miscellaneous Store Retailers 453110 thru 453920 P P P P P P P 453930 Manufactured (Mobile) Home Dealers P P P 453991 Tobacco Stores P P P P P P P 453998 All Other Miscellaneous Store Retailers (except Tobacco Stores) P P P P P P P 454 Non-store Retailers 454111 thru 454113 P P P P P P 454210 Vending Machine Operators P P P P 454310 Fuel Dealers P P 454390 Other Direct Selling Establishments P P P P P 48-49 Transportation and Warehousing 481 Air Transportation P P P 482 Rail Transportation P 483 Water Transportation ** 484 Truck Transportation P 6 P 6 fn 485 Transit and Ground Passenger Transportation 485111 thru 485210 P P P P 485310 Taxi Service P P P P P 485320 Limousine Service P P P P P 485410 School and Employee Bus Transportation P P P P 485510 Charter Bus Industry P P P P 485991 Special Needs Transportation P P P P P 485999 All Other Transit and Ground Passenger Transportation P P P P P 486 Pipeline Transportation ** 487 Scenic and Sightseeing Transportation P P P P P 488 Support Activities for Transportation 488111 thru 488190 P P P 488210 Support Activities for Rail Transportation P 488310 ** thru 488330 488390 Other Support Activities for Water Transportation P P P P P 488410 thru 488510 P P P P 488991 Packing and Crating C P P 488999 All Other Support Activities for Transportation C P P 491 Postal Service P P P P 492 Couriers and Messengers 492110 Couriers and Express Delivery Services P P P 492210 Local Messengers and Local Delivery P P P P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 493 Warehousing and Storage P 6 P 6 fn 51 Information 511 Publishing Industries (except Internet) C P P P P 512 Motion Picture and Sound Recording Industries 512110 Motion Picture and Video Production P P P 512120 Motion Picture and Video Distribution P P P 512131 Motion Picture Theaters (except Drive-Ins) P P P P P 512132 Drive-In Motion Picture Theaters P P P 512191 Tele-production and Other Postproduction Services P P P P P 512199 Other Motion Picture and Video Industries C P P P 512210 Record Production P P P P P 512220 Integrated Record Production/Distribution P P P 512230 thru 512290 P P P P P 515 Broadcasting (except Internet) P P P P P 517 Telecommunications P P P P P 518 Data Processing, Hosting, and Related Services P P P P P 519 Other Information Services P P P P P 52 Finance and Insurance 521 Monetary Authorities-Central Bank P P P P P 522 Credit Intermediation and Related Activities P P P P P 523 Securities, Commodity Contracts, and other financial investments and related activity 523110 Investment Banking and Securities Dealing P P P P P 523120 Securities Brokerage P P P P P 523130 Commodity Contracts Dealing P P P P P P 523140 Commodity Contracts Brokerage P P P P P 523210 Securities and Commodity Exchanges P P P P P 523910 Miscellaneous Intermediation P P P P P P 523920 Portfolio Management P P P P P P 523930 Investment Advice P P P P P 523991 Trust, Fiduciary, and Custody Activities P P P P P P 523999 Miscellaneous Financial Investment Activities P P P P P 524 Insurance Carriers and Related Activities 524113 thru 524130 P P P P P 524210 - 524298 P P P P P P P 525 Funds, Trusts, and other Financial Vehicles 525110 thru 525120 P P P P P 525190 thru 525990 P P P P P P 53 Real Estate Rental and Leasing 531 Real Estate P P P P P P P 532 Rental and Leasing Services 532111 Passenger Car Rental P P P P P 532112 Passenger Car Leasing P P P P P 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing P P P P 532210 Consumer Electronics and Appliances Rental P P P P P 532220 thru 532292 P P P P P P P 532299 All Other Consumer Goods Rental P P P P P 532310 General Rental Centers P P P P P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing P P 532412 Construction, Mining, and Forestry Machinery and 7 Equipment Rental andLeasing P P P P fn 532420 Office Machinery and Equipment Rental and Leasing P P P P P 532490 Other Commercial and Industrial Machinery and Equipment Rental and LeasingP P P P 533 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) P P P P P P 54 Professional, Scientific, and Technical Services 541 Professional, Scientific, and Technical Services 541110 thru 541213 P P P P P P 541214 thru 541370 P P P P P 541380 Testing Laboratories P P P P 541410 thru 541690 P P P P P 541711 Research and Development in Biotechnology P P 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) P P 541720 thru 541910 P P P P P 541921 Photography Studios, Portrait P P P P P P P 541922 Commercial Photography C P P P P 541930 Translation and Interpretation Services P P P P P 541940 Veterinary Services P 8 P 8 P 8 P P P fn 541990 All Other Professional, Scientific, and Technical Services P P P P P 55 Management of Companies and Enterprises P P P P P 56 Administrative and Support, Waste Management, and Remediation Services 561 Administrative and Support Services 561110 thru 561499 P P P P P 561510 Travel Agencies P P P P P P P 561520 thru 561621 P P P P P 561622 Locksmiths P P P P P P P 561710 Exterminating and Pest Control Services P P P P P 561720 Janitorial Services P P P P P P 561730 Landscaping Services P P P P P 561740 Carpet and Upholstery Cleaning Services P P P P P 561790 Other Services to Buildings and Dwellings P P P P P P 561910 thru 561990 P P P P 562 Waste Management and Remediation Services 562111 Solid Waste Collection P P 562112 Hazardous Waste Collection C 562119 Other Waste Collection P P 562211 thru 562219 C EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 562910 thru 562998 P P P 61 Educational Services 611 Educational Services 611110 ** thru 611310 611410 Business and Secretarial Schools C C P P P 611420 thru 611513 P P P P P 611519 Other Technical and Trade schools P 9 P 9 P P P fn 611610 thru 611710 P P P P P 62 Health Care and Social Assistance 621 Ambulatory Health Care Services 621111 thru 621399 P P P P P P 621410 Family Planning Centers C P P P P 621420 Outpatient Mental Health and Substance Abuse Centers C P P P P 621491 HMO Medical Centers P P P P P 621492 thru 621999 C P P P P 622 Hospitals C P P P P 623 Nursing and Residential Care Facilities 623110 Nursing Care Facilities (Skilled Nursing Facilities) P P P P P P 623210 Residential Intellectual and Developmental Disability Facilities P P P P P P 623220 Residential Mental Health and Substance Abuse Facilities P P P P 623311 Continuing Care Retirement Communities P P P P P P 623312 Assisted Living Facilities for the Elderly P P P P 623990 Other Residential Care Facilities P P P P 624 Social Assistance P P P P 71 Arts, Entertainment, and Recreation 711 Performing Arts, Spectator Sports, and Related Industries 711110 thru 711211 P P P P P 711212 Racetracks ** 711219 thru 711510 P P P P P 712 Museums, Historical Sites, and Similar Institutions P P P P P 713 Amusement, Gambling, and Recreation Industries 713110 Amusement and Theme Parks P P P P P 1010101010 713120 Amusement Arcades P P P P Pfn 713210 thru 713920 P P P P P 713930 Marinas ** 713940 thru 713950 P P P P P 713990 All Other Amusement and Recreation Industries except 1111111111 shooting range and slot machines. P P P P Pfn 72 Accommodation and Food Services 721 Accommodation 721110 Hotels (except Casino Hotels) and Motels P 12 P 12 P 12 P 12 P 12 fn 1212121212 721120 Casino Hotels P P P P Pfn EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 721191 Bed-and-Breakfast Inns P P P P P P P 721199 thru 721214 P P P P P 721310 Rooming and Boarding Houses P P P P P P P 722 Food Services, Eating and Drinking Places 722310 Food Service Contractors P P P P P 722320 Caterers P P P P P 722330 Mobile Food Services P P P P 722410 Drinking Places (Alcoholic Beverages) P P P P P P 722511 thru 722515 P P P P P P 81 Other Services, except Public Administration 811 Repair and Maintenance 811111 thru 811198 P P P P P 811211 Consumer Electronics Repair and Maintenance P P P P P P 811212 Computer and Office Machine Repair and Maintenance P P P P P 811213 Communication Equipment Repair and Maintenance P P P P P P 811219 Other Electronic and Precision Equipment Repair and MaintenanceP P P P P P 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance P P P 811411 Home and Garden Equipment Repair and Maintenance P P P P P 811412 thru 811490 P P P P P P 812 Personal and Laundry Services 812111 thru 812210 P P P P P P P 812220 Cemeteries and Crematories P 13 P 13 P 13 P 13 P 13 P 13 P fn 812310 Coin-Operated Laundries and Drycleaners P P P P P P P 812320 Drycleaning and Laundry Services (except Coin-Operated) P P P P P P P 812331 Linen Supply P P P P 812332 Industrial Launderers P P 812910 Pet Care (except Veterinary) Services C 14 C 14 C 14 C 14 C 14 812921 Photofinishing Laboratories (except One-Hour) P P P P 812922 One-Hour Photofinishing P P P P 812930 Parking Lots and Garages C P P P P 812990 All Other Personal Services C P P P P 813 Religious, Grant making, Civic, Professional, and Similar Organizations 813110 Religious Organizations C P P P P 813211 thru 813319 P P P P P P 813410 thru 940 C P P P P 813990 Other Similar Organizations (except Business, Professional, Labor, and Political Organizations) C C C C P P P 814 Private Households ** 92 Public Administration 921 Executive, Legislative, and Other General Government Support P P P P P 922 Justice, Public Order, and Safety Activities P P P P P 923 Administration of Human Resources Programs P P P P P 924 Administration of Environmental Quality Programs P P P P P EXHIBIT A 2012 NAICS2012 NAICS Title Code **NC MSGC MUBILIHIFN 925 Administration of Housing Programs, Urban Planning, and Community Development P P P P P 926 Administration of Economic Programs P P P P P 927 Space Research and Technology P P P P P 928 National Security and Internationals Affairs P P P P P Parking ramps and structures P C P C Commercial/Ind. PUD (ref. to Section 106-636) C C C C C C C Outdoor sales as accessory use P P Outdoor storage as accessory use P P Off-site parking C C C C Unlisted uses, similar to uses listed above C C C C C C C Footnotes: 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Single family detached prohibited in main street overlay zone, but permitted in main street district. 3 Artisan shops are allowed ((see Section 106-480 (Artisan Shop), 106-500 (Artisan Shop) ,106-514 (Artisan Shop)) 4 No storage or sale of Fire Works. 5 Truck Stop shall only be permitted in Business Industrial districts on truck routes along Barbour’s Cut Boulevard, State Hwy 225 and State Highway 146 (north of Barbour’s Cut Blvd.). No construction of any kind shall be permitted within setbacks for BI zone. 6 Must be adjacent to high frequency truck roads as shown on High Frequency Truck Road Map (Ref. Section 106-746) 7 Only allowed along State Highway 146 8 Livestock prohibited on premises 9 Truck Schools prohibited 10 Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from Church, School, or Hospital & measured from property line to property line). 11 Shooting Range is a Conditional Use 12 Hotels and mMotels Uses. Hotels and motels are allowed as a are conditional use under this Chapter when adjacentto within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning districts). All hotel and motels are required to install and operate a security and surveillance system at all ingress/egress points to the building/s. 13 Crematories prohibited. 14 Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 15 Trucking terminals Heavy Truck Uses. Trucking terminals shall be allowed only in light industrial (LI) and heavy industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in section 70-231 (Designation) of this Code) located in said LI and HI zoning districts. Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to heavy industrial (HI) zone only. See section 106-746 (Location of truck terminals restricted) of this chapter for additional requirements. ** Unclassified use All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. EXHIBIT A A.Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. B.Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C.Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D.Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E.Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F.Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G.Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Maximum Sound Levels – Decibels Cycles per Seconds Lot Line Residential District Boundary 20 to 75 78 63 75 to 150 74 59 150 to 300 68 55 300 to 600 61 51 600 to 1200 55 45 1200 to 2400 49 38 2400 to 4800 43 31 Above 4800 41 25 Impact Noise 80 55 Between the hours of 10:00 P.M. and 6:00 A.M. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the Planning and Zoning Commission and City Council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening and landscaping EXHIBIT A techniques. H. Hours of Operation. Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. MunicodePage 1of 4 EXHIBIT B Sec. 106-441. Table A, Commercial uses. P (ABC) Ï Permitted uses (subject to designated criteria established in section 106-444). P Ï Permitted uses. A Ï Accessory uses (subject to requirements of section 106-741). C Ï Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-444). * Ï Not allowed. Uses (SIC Code #)Zones CRNCGCMS All uses permitted PP 1 P or/accessory in R-3 zone, except single- family detached and special lot, duplexes, quadruplexes, townhouses, and multifamily Single family *** 3 P detached All conditional uses in *CCC R-3 zone Agricultural service **PP (076Ð078) Amusements C*PP (791Ð799) C*PP 2 Amusement (7993) Antique and used *PPP merchandise stores (5932) Arrangements for **PP passenger transport (472) Arrangement for **P 2 P shipping and transport (473) Apparel and C*PP accessory stores (561Ð569) Automotive dealers **PP and service stations (551, 552, 553, 555Ð559) Automotive repair, **PP services (751Ð754) Banking (601Ð605)**PP Building **PP constructionÐGeneral https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 2of 4 EXHIBIT B contractors (152Ð161) Building **PP constructionÐSpecial trade contractors (171Ð179) Building materials, **PP garden supply (521Ð523, 526Ð527) Business services **PP (731, 732, 736Ð738) Business services **PP (7359)(A, B, C, D) Civil, social and CCCC fraternal organizations, (8641) Communications **PP (481Ð489) Convenience stores *PPP (5411) Credit agencies **PP (611Ð616) Dog grooming**P(H)P Drugstores (591)*PPP Eating and drinking C*PP places (5813) Eating places (5812)CPPP Electric, gas and *PPP sanitary services (491, 4923, 493, 494, 4952) Engineering, *PPP architectural, accounting services (871Ð872) Food stores, general **PP (541, 542, 544, 545, 549) Freestanding on-premises signs. See article VII of this chapter Governmental and C*PP public utility buildings (911Ð922, 9631, 4311) Grocery, fruit and *PPP vegetable stores (542, 543) Hardware stores *PPP (525) Home furnishing **PP stores (571Ð573) Hotels and motels C*44 P P (701, 7032, 704) Hospitals, **PC laboratories (806Ð809) Insurance, real *PPP estate, legal, stock https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 3of 4 EXHIBIT B and commodity brokers, agents (641Ð679) Laundry (plants) **P* (7216Ð7219) Membership **PC organizations (861Ð869) Miniwarehousing **C* (4225) Misc. retail (592, C*PP 593, 5948, 596Ð599, 5399) Misc. repair services *PPP (762Ð764) Misc. shopping CPPP (5941Ð5947, 5949, 5992Ð5994) Misc. shopping (5995, C**P 5999) Motion picture **PP theaters (7832) Museums, art C*PP galleries (841Ð842) Offices for doctors, *PPP dentists, etc. (801Ð805) Passenger **PP transportation (411Ð415) Personal services *PPP (7211Ð7215, 722Ð729) Recreational CPPP buildings and community centers Reproduction, *PPP photography, and cleaning services (733Ð734) Repair services **PP (7699) (except tank truck cleaning) Retail bakeries (546)*PPP Securities and **PP insurance (621Ð639) Service stations (554)*PP Service stations, C*PP excluding truck stops (554) Underground *PPP pipelines (461) Veterinary services *PPP (0742) Video rental and *PPP sales shop CPPC https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 4of 4 EXHIBIT B Parking ramps and structures Commercial PUD *CCC (Refer to section 106- 636) Outdoor sales as a **P(C, G)P primary or accessory use Outdoor storage as a C*P(B)P primary or accessory use Off-site parkingCCCC Off-street loadingCCCC Joint parkingCCCC Drive-in or drive CCCC through facilities as an accessory or principle use Kennels, boarding **CC (0752) Kennels, breeding **CC (0279) Unlisted uses, similar CCCC to uses listed above 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.) 3 Single family detached prohibited in main street overlay zone, but permitted in main street district. 4 Hotels and motels are a conditional use under this chapter when adjacent to residential zoned properties (R-1, R-2, and R-3 zoning districts). (Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 1501-MMMM, § 6(Exh. F), 4-25-05; Ord. No. 1501-X5, § 6(Exh. F), 7-23-07) https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 1of 4 EXHIBIT B Sec. 106-521. Table A, industrial uses. (a)Table A, industrial uses. P (ABC) Ï Permitted uses (subject to designated criteria established in section 106-523). P Ï Permitted uses. A Ï Accessory uses (subject to requirements of section 106-741). C Ï Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-523). * Ï Not allowed. Uses (SIC Code #)Zones BILIHI All uses permitted or accessory in the GC zone, except PPP residential All uses conditional in the GC zone, except residentialCCC Nonmanufacturing Industries: Adult oriented business**P(G) Air transportation (451Ð458)PPP General contractors, heavy construction (161, 162, PPP 1541) Highway transportation terminal and service facilities PPP (417) Motor freight transportation and warehousing (421, *P(J)P(J) 423) Farm product warehousing and storage (4221)*PP Public warehousing (4222Ð4226)PPP Railroad transportation (401)**P Shipping container, or fabricated plate work (3443) Storage insideP(ACDE)P(ACDE)P Storage outside (refer to Section 106-444(b)) **P(ACDE) Wholesale trade: Durable goodsÐlight (502, 504, 507, 5082, 5087, 5094) PPP Durable goodsÐmedium (501)PPP Durable goodsÐheavy (503, 5051, 5082Ð5085, 5088) *CP Durable goodsÐheavy (5052, 5093)**P Wholesale trade: Nondurable goodsÐlight (511Ð514, 518)PPP Nondurable goodsÐmedium (5172, 5191Ð5199)CPP Nondurable goodsÐheavy (515, 516, 5171)**P Manufacturing Industries: Chemicals and allied products (282Ð285)*P(ACDE)P Electrical and electronic equipment and supplies Light (361Ð365, 367) P(ACDE)P(ACDE)P Medium (361, 366, 369)P(ACDE)P(ACDE)P Fabricated metal products and machinery Light (341Ð345, 358, 3592)P(ACDE)P(ACDE)P Medium (3493, 3498, 351Ð353, 356) *P(ACDE)P https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 2of 4 EXHIBIT B Heavy (346, 347, 354, 355, 357) *P(ACDE)P Heavy (348) **P Food and kindred products Light (202, 205, 2065Ð2067) P(ACDE)P(ACDE)P Medium (2086, 2087, 2092Ð2099)CP(ACDE)P Heavy (201, 203, 204, 2062, 2063, 207, 2082Ð2085)*CP Leather and leather products (311Ð319)CP(ACDE)P Welding shops (7692)P(ACDE)P(ACDE)P Lumber products, furniture and fixtures Light (251Ð259)P(ACDE)P(ACDE)P Medium (243Ð245) CP(ACDE)P Heavy (249) *CP Measuring, analyzing and controlling instruments P(ACDE)P(ACDE)P (381Ð387) Miscellaneous manufacturing (391Ð396)P(ACDE)P(ACDE)P Machine shops (3599)P(ACDE)P(ACDE)P Miscellaneous manufacturing industries (3991Ð3995)*P(ACDE)P Off-premises freestanding signsSee article VII of this chapter On-premises freestanding signsSee article VII of this chapter Paper and allied products (265Ð267)**P Printing and publishing (271Ð279)P(ACDE)P(ACDE)P Rubber and miscellaneous plastics (301, 302, 304, 306, *CP 307) Stone, clay, glass and concrete (321Ð325, 3261, **P 327Ð329) Tank truck cleaning**P Truck stopsP(H, I)** Textile mill, and finished products Light (224, 225, 231Ð239)P(ACDE)P(ACDE)P Medium (222, 223, 226, 229) *P(ACDE)P Tobacco manufacturers (211Ð214)*P(ACDE)P Loading berths at the front or sides of buildings CCC adjacent to R.O.W. Industrial PUD (refer to section 106-636)CCC Facilities in excess of height restrictions imposed in **C section 106-522 Unlisted uses, similar to uses listed aboveCCC (b) Interpretation and enforcement. Property uses, except as provided for by section 106-521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 3of 4 EXHIBIT B right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band FrequencyMaximum Sound Levels Ð Decibels Cycles perLot LineH SecondResidential District Boundary 20 to 757863 75 to 1507459 150 to 3006855 300 to 6006151 600 to 1,2005545 1,200 to 2,4004938 2,400 to 4,8004331 Above 4,8004125 Impact noise8055 Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening and landscaping techniques. H. Hours of operation. Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. I. https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4 MunicodePage 4of 4 EXHIBIT B Truck stops. The facility shall be permitted in the business industrial (BI) districts on truck routes along Barbour's Cut Boulevard and State Highway 146. No construction of any kind shall be permitted within the stipulated setbacks for business industrial zoning districts. J. Trucking terminals. Trucking terminals shall be allowed only in light industrial (LI) and heavy industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in section 70-231 of this Code) located in said LI and HI zoning districts. Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to heavy industrial (HI) zone only. See section 106-746 of this chapter for additional requirements. (Ord. No. 1501U, § A(art. B), 9-23-96; Ord. No. 1501-AA, § 6, 3-23-98; Ord. No. 1501-BB, § 5, 9-15-98; Ord. No. 1501-II, § 5, 3-27-00; Ord. No. 1501-OOOO, § 7, 6-27-05; Ord. No. 1501-Q6, § 6(Exh. F), 1-12-09) Cross referenceÏ Sexually oriented businesses, § 90-31 et seq. https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...710201 2//4