Spring Creek Corporate Campus Final Draft, August 28, 2002
Covenants and Restrictions
SPRING CREEK CORPORATE CAMPUS
College Station, Texas
Covenants & Restrictions
FINAL DRAFT
Prepared by Knudson & Associates
August 30, 2002
2
Spring Creek Corporate Campus Final Draft, August 28, 2002
Covenants and Restrictions
Page
Part I – General Information
1.1 Introduction/Vision 5
1.2 Purpose of Standards 5
1.3 Applicable Codes, Ordinances, Regulations and Policies 6
1.4 Enforcement, Duration and Amendment, and Severability 6
A. Enforcement
B. Duration and Amendment
C. Severability
1.5 Spring Creek Corporate Campus Property Owners Association 7
A. Function
B. POA Membership
1.6 Spring Creek Corporate Campus Advisory Board 7
A. Function
B. Board Membership
C. Board Liability
1.7 Limitations of Liability 8
A. Governmental Immunity
1.8 Definitions 8
1.9 Uses 10
A. Permitted Uses
B. Prohibited Uses
C. Permitted Accessory Uses
D. Amended Permitted Uses
Part II – Plan Review / Inspections
2.1 General Information 13
2.2 Sealed Plans 13
2.3 Government Regulations 13
2.4 Variances 14
2.5 Design Approval Process 14
A. Conceptual Design Review
B. Preliminary Design Review
C. Final Design Review
2.6 Construction Review Process 15
A. General
B. Clearing Approval
C. Protective Fencing
D. Inspections/Observations
E. Demolitions
Part III – Development Standards
3.1 Building Code 17
3.2 Site Development 17
A. Utilities
B. Easements
3.3 Setbacks 18
A. Forest Preserves, Paving Setbacks and Building Setbacks
B. Front Setbacks
C. Side and Rear Setbacks
3.4 Building Design 19
A. Design Criteria
B. Architectural Character
C. Additional Considerations
3.5 Driveways and Parking 20
A. Vehicular Access
B. Parking Requirements
C. Screening
D. Layout and Landscaping for At-Grade-Off-Street Parking
E. Construction
3.6 Loading, Maneuvering, Storage and Screening 21
A. Loading and Maneuvering
B. Storage
C. Screening
D. Communication Towers and Water Towers
E. Overhead Transmission Lines of 138 KV and Greater
3.7 Site Amenities and Pathways 22
A. Pathways
3.8 Landscaping 23
A. General
B. Native Woods
C. New Landscape Material
D. Street Right-of-Way
E. Installation and Maintenance
F. Irrigation System
3.9 Sidewalks 25
A. General
3.10 Exterior Illumination 26
A. General
B. Exterior Lighting
3.11 Signage 26 A. General
B. Permanent Signage
C. Temporary Signage
3.12 Maintenance 29
A. General
B. Emergency Repairs
C. Maintenance Fees
3.13 Non-Approved Uses / Nuisances 30
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Spring Creek Corporate Campus Final Draft, August 28, 2002
Covenants and Restrictions
30
Spring Creek Corporate Campus Final Draft, August 28, 2002
Covenants and Restrictions
Part I – General Information
1.1 Introduction/Vision
Spring Creek Corporate Campus is an area of land identified as three hundred, seventy-six (376) acres, as shown on attached Exhibit A including a metes and bounds description thereof. The City of College Station has dedicated a portion of the land within Spring Creek Corporate Campus as public greenway space. The Covenants and Restrictions (CRs) contained in this document only apply to that portion of Spring Creek Corporate Campus not dedicated as public greenway.
Vision
Spring Creek Corporate Campus at College Station is envisioned as a natural setting of existing natural conditions, which have man-made elements blended within these conditions with a minimum amount of disturbance. While the man-made structures will be connected to the electronic world with the most up-to-date technology, a high priority will be given to minimizing the impact of construction of this technology on the existing natural environment within Spring Creek Corporate Campus. Efforts shall be made to offset the negative impact with natural enhancements. The preponderance of existing vegetation, trees, meadows, under-story growth, and wild flowers, along with extensive natural creek beds and ponds, is rarely equaled in the College Station area in such a compact setting, therefore these elements shall be maintained.
1.2 Purpose of Standards
The purpose of Spring Creek Corporate Campus is to provide opportunities for a directed, coordinated development for a variety of business and trade uses. The occupants permitted within Spring Creek Corporate Campus include a wide spectrum of uses and activities that will benefit from the proximity to other business and trades within Spring Creek Corporate Campus and recognize the positive significance of blending within the natural environment. These include “clean” light manufacturing, research and development, high technology, low technology and offices.
The business and trade sites developed within Spring Creek Corporate Campus are characterized as having minimum impervious material coverage, abundant and themed open space and landscaping, parking lot screening, and high quality site and building design materials that enhance the image of the surrounding elements.
Spring Creek Corporate Campus at College Station is designed to support community economic development goals and policies, improve community appearance, and provide a superior natural environment for employees and visitors to Spring Creek Corporate Campus. The properties in Spring Creek Corporate Campus shall be developed with improvements that provide an economical and environmentally conscious setting for biotechnology, technology manufacturing, engineering, chemical, aerospace, telecommunications, computers, petroleum, oceanographic science, and other compatible businesses.
1.3 Applicable Codes, Ordinances, Regulations and Policies
Development within Spring Creek Corporate Campus shall conform not only to these CRs, but also to the Codes, Ordinances, Regulations and Policies adopted by the City of College Station as they exist today, and as amended from time to time. Where the adopted Codes, Ordinances, Regulations or Policies differ from these CRs, the more restrictive requirement shall apply.
1.4 Enforcement, Duration and Amendment, and Severability
A. Enforcement
The conditions, covenants and restrictions and reservations contained herein shall run with the land, and be binding upon and inure to the benefit of Spring Creek Corporate Campus and its lessees/owners. These conditions, covenants, restrictions and reservations shall be enforced by the City of College Station, through the Spring Creek Corporate Campus Advisory Board (Advisory Board) and forwarded to City Manager or his designated agent. It will be the responsibility of the Spring Creek Corporate Campus Property Owners Association (POA) to administer and perform landscape and hardscape maintenance and replacement activities related to Landscape Pockets and rights-of-way and to enforce violations of landscape maintenance standards of the CRs. Violations of any of these provisions in these CRs shall give the City of College Station, or the POA, whichever is the enforcing agent, the right to take any action available by law or these CRs against the party or parties violating or attempting to violate any of these provisions to prevent them from so doing, to cause any such violation to be remedied and /or to recover damages resulting from such violation. If the POA fails to enforce or maintain landscape maintenance standards of the CRs, the City may, at its sole option, take any action as referenced above.
In any legal or equitable proceeding to enforce these provisions or to enjoin their violation, the party or parties against whom judgment is entered shall pay the attorney’s fees of the party or parties for whom judgment is entered such amount as may be fixed by the court in such proceeding.
B. Duration and Amendment
In addition to the responsibility to enforce these CRs, the Advisory Board will have the ability to unilaterally, without the approval of any other property owner within Spring Creek Corporate Campus, amend or modify these CRs. These CRs shall be in force for an initial period of twenty (20) years from the date of adoption of these CRs by the City Council of the City of College Station. These CRs, as duly amended, will be automatically renewed for successive ten (10)-year periods unless rescinded by the City Council of the City of College Station. Amendments made pursuant to the provision of this section shall inure to the benefit of and be binding upon all building owners and tenants and/or their respective successors and assignees.
C. Severability
In the event any portion of these CRs are invalidated by judgment or court order, all of the remaining provisions shall remain in full force and effect and shall in no way be affected.
1.5 Spring Creek Corporate Campus Property Owners Association
A. Function
The function of the Spring Creek Corporate Campus Property Owners Association (POA) is to provide an association of property owners who own property within Spring Creek Corporate Campus that make decisions about Spring Creek Corporate Campus regarding the administration and performance of landscape and hardscape maintenance and replacement activities related to Landscape Pockets and rights-of-way within Spring Creek Corporate Campus. The Advisory Board will make decisions regarding the development of Spring Creek Corporate Campus. Upon activation, the purpose of the POA is to enforce the CRs as related to landscape and hardscape maintenance and replacement. The POA shall also be responsible for taking enforcement action against violations of private property landscape maintenance, review property maintenance recommendations, and determine the annual proposed property maintenance budget for property maintained by the POA, to determine the property owner assessment rate to provide the necessary assessment funds for the proposed annual maintenance budget, to collect assessment funds from property owners, and to take necessary actions to collect past-due assessment funds from property owners. The City of College Station will always maintain the public greenway area at its own cost and expense. No property owner assessment from members of the POA will be required for maintenance of the public greenway area except where any damage, disruption or destruction of the public greenway area is caused by or directly or indirectly attributable to any individual property owner or any work or maintenance performed by the POA.
B. POA Membership
Each property owner within Spring Creek Corporate Campus is entitled to one representative in the POA. Each representative is entitled to one POA vote for each full acre of fee simple property ownership. The total number of full votes will be the same as the total whole number of acres within Spring Creek Corporate Campus, excluding the public greenway area acreage and public street right-of-way acreage. Portions of full-acre fee simple property ownership shall result in a pro-rata distribution of full votes based on a percentage of full acre ownership. Areas of easement rights alone shall not be considered fee simple ownership. Property ownership votes shall be assigned based on the nearest one-tenth of an acre. Rounding shall be based on one-hundredth acre amounts rounded to the next lower tenth of an acre if the ownership is fifty (50) hundredths or less and rounded to the next higher tenth of an acre if the ownership is fifty-one (51) hundredths of an acre or more.
1.6 Spring Creek Corporate Campus Advisory Board
A. Function
The function of the Spring Creek Corporate Campus Advisory Board (“Advisory Board”) is to exercise control over the new development, redevelopment and any new improvements in the Spring Creek Corporate Campus in terms of its aesthetic and economic qualities and to maintain its conceptual environmental integrity. Its purpose is to review, approve or disapprove development within the Spring Creek Corporate Campus, including but not limited to all site layouts, landscaping, and architectural presentations.
B. Advisory Board Membership
The Advisory Board shall consist of three staff members appointed by the City of College Station City Manager.
C. Advisory Board Liability
Neither the City of College Station City Council, its officials, appointees, employees or agents nor any member of the Advisory Board or POA shall be liable to any owner or tenant or to anyone submitting plans for approval, or to any other party by reason of mistake in judgment, negligence, or malfeasance, arising out of or in connection with the review, approval, disapproval or failure to approve any such plans, or for any other action in connection with its or their duties hereunder.
Likewise, anyone so submitting plans to the Advisory Board for approval, by submitting such plans, and any person when he becomes an owner or tenant, agrees that he will not bring any action or suit to recover any damages against the Advisory Board, or any member, employee, or agent of said Advisory Board.
1.7 Limitation of Liability
The City of College Station, the POA, the Advisory Board, or any partner, officer, director, employee, member or representative of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work; any defects in plans and specifications revised or approved hereunder; or for any injury, damages, or loss arising out of the manner or quality or other circumstances of approved construction on or modifications to any site, structure or improvement.
A. Governmental Immunity
The City of College Station is a Home Rule Municipal Corporation incorporated under the laws of the State of Texas. The creation, maintenance, administration and ownership of any property within this Spring Creek Business Park is the City of College Station’s engaging in a governmental function. The City of College Station has not waived its governmental immunity.
1.8 Definitions
Accessory Use or Structure or Building – A building, structure, or use which:
A. is subordinate to and serves a primary use or principal structure;
B. is subordinate in area, extent, or purpose to the primary use served;
C. contributes to the comfort, convenience, or necessity of occupants of the primary use served; and
D. is located within the same zoning district as the primary use.
Examples of accessory buildings, structures, or uses include, but are not limited to: private garages, greenhouses, radio, or television antennae.
Advisory Board – The Advisory Board appointed by the City Manager to review, approve or disapprove new development, redevelopment, improvements, site layouts, landscaping, and architectural presentations as described in Section 1.6. The Advisory Board is also authorized to enforce maintenance standards.
Antenna – Any system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals. Specific types of antennas include but are not limited to:
Omni-directional antenna (“whip” antenna) – transmits and receives radio signals in a three hundred and sixty (360) degree radial pattern.
Directional antenna (“panel” antenna) – transmits and receives radio frequency signals in a specific directional pattern of less than three hundred and sixty (360) degrees.