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Agenda Packet TC 11/01/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, November 1, 2010 Call to order and announce a quorum. EXECUTIVE SESSION 1.2010-592-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) & (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Legal advice relative to Agenda items 7 and 8 and related matters. RECONVENE INTO REGULAR SESSION - ESTIMATED TIME 7:00 P.M. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. PUBLIC HEARING 2.2010-581-T Public Hearing to consider a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Town Council 1 of 136 Meeting Date: November 1, 2010 November 1, 2010Town Council Meeting Agenda 3.2010-573-T Public Hearing to consider a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). 4.2010-574-T Public Hearing to consider a request for approval of a Site Plan for Freedom Park, a 16.01 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). RECONVENE INTO REGULAR SESSION 5.2010-591-T Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. DCAD Appraisal Review Board Memo & Applicants.pdfAttachments: 6.2010-439-T Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in Planned Development No. 22 (PD-22); and authorizing the Mayor or her designee to execute all necessary documents. Subdivider's Agreement - WEHG Ph 2A.pdf Subdivider's - Attachment A.pdf Attachments: 7.2010-576-T Consider and take appropriate action regarding a Final Plat for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the intersection of Trophy Club Drive and Bobcat Blvd. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-033) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 1, Phase 2A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Staff Report - TC 110110 - NH 1 Ph 2A.pdf Application.pdf 3rd Review Final-NH 1Ph 2A-Construction Plans 10-20-10.pdf Subdivider's Agreement - NH 1 Ph 2A.pdf Subdivider's - Attachment A.pdf Attachments: 8.2010-577-T Consider and take appropriate action regarding a Final Plat for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-034) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Staff Report - TC - NH 5 Ph 2B.pdf Application.pdf Town Engineer Approval - NH 5 Ph 2B.pdf Subdivider's Agreement - NH 5 Ph 2B.pdf Subdivider's - Attachment A.pdf Attachments: Town Council 2 of 136 Meeting Date: November 1, 2010 November 1, 2010Town Council Meeting Agenda 9.2010-578-T Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-035) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Staff Report - TC - NH 6 Ph 3A.pdf Application.pdf Subdivider's Agreement - NH 6 Ph 3A.pdf Subdivider's - Attachment A.pdf Attachments: 10.2010-580-T Consider and take appropriate action regarding a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Staff Report - TC - NH 6 Ph 3A.pdf Application - Independence Park East - Final Plat.pdf Public Hearing Notice.pdf Attachments: 11.2010-582-T Consider and take appropriate action regarding a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). Staff Report - TC - Site Plan Ind Park E.pdf Application - Independence Park East - Site Plan.pdf Public Hearing Notice - Site Plan.pdf Attachments: 12.2010-583-T Consider and take appropriate action regarding a request for approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (PP-10-019) Staff Report - TC - Prel Plat Freedom Park.pdf Application - Prel Plat.pdf Attachments: 13.2010-584-T Consider and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (FP-10-038) Staff Report - TC - Final Plat.pdf Application - Final Plat.pdf Attachments: Town Council 3 of 136 Meeting Date: November 1, 2010 November 1, 2010Town Council Meeting Agenda 14.2010-585-T Consider and take appropriate action regarding a request for approval of a Site Plan of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). Staff Report - TC - Site Plan.pdf Application - Site Plan.pdf Public Hearing Notice - Site Plan 2.pdf Attachments: 15.2010-594-T Consider and take appropriate action regarding agenda items for the November quarterly Joint Session with TCMUD No. 1. 16.2010-556-T Staff Update regarding the Roundabout; discussion of same. 17.2010-589-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. 18.2010-590-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council 4 of 136 Meeting Date: November 1, 2010 November 1, 2010Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, October 28, 2010 by 6:00 P.M. in accordance with Chapter 551, Texas Government Code. __________________________________ Shannon DePrater, Interim Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 5 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-592-T Name: Status:Type:Agenda Item Executive Session File created:In control:10/27/2010 Town Council On agenda:Final action:11/1/2010 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) & (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Legal advice relative to Agenda items 7 and 8 and related matters. Attachments: Action ByDate Action ResultVer. Town Council 6 of 136 Meeting Date: November 1, 2010 File #: 2010-592-T, Version: 1 Title Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) & (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Legal advice relative to Agenda items 7 and 8 and related matters. Town Council 7 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-581-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Public Hearing to consider a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 8 of 136 Meeting Date: November 1, 2010 File #: 2010-581-T, Version: 1 Title Public Hearing to consider a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Body A replat requires a public hearing and notification of all owners of the subdivision. The Town of Trophy Club is the only owner of this property. Town Council 9 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-573-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2010 Town Council On agenda:Final action:11/1/2010 Title:Public Hearing to consider a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 10 of 136 Meeting Date: November 1, 2010 File #: 2010-573-T, Version: 1 Title Public Hearing to consider a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). Town Council 11 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-574-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2010 Town Council On agenda:Final action:11/1/2010 Title:Public Hearing to consider a request for approval of a Site Plan for Freedom Park, a 16.01 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 12 of 136 Meeting Date: November 1, 2010 File #: 2010-574-T, Version: 1 Title Public Hearing to consider a request for approval of a Site Plan for Freedom Park, a 16.01 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). Town Council 13 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-591-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/26/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. Attachments:DCAD Appraisal Review Board Memo & Applicants.pdf Action ByDate Action ResultVer. Town Council 14 of 136 Meeting Date: November 1, 2010 File #: 2010-591-T, Version: 1 Title Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. Body The Board of Directors of the Denton County Appraisal District (DCAD) is requesting candidates for possible appointment to the Appraisal Review Board for possible appointment to the Appraisal Review Board. Two citizens have expressed a desire to be nominated; applications are attached. We may nominate more than one candidate. We received the memo requesting candidates on Monday, October 18, the date of the last Council meeting for the month of October. You will note in the documentation that the Town's deadline for submission of candidates was October 29. As a result, November 1 is the first meeting that we were able to place this item on an agenda. Staff has contacted Ms. Williams informing her that we received the memo after the last agenda was posted and that we would be emailing the Candidate list to her on Tuesday, November 2, 2010. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 15 of 136 Meeting Date: November 1, 2010 DENTON CENTRAL ApPRAISAL DISTRICT 3911 MORSE STREET, POBox 2816 DENTON, TEXAS 76202-2816 WWW.DENTONCAD.COM MEMO TO: All Jurisdictions FROM: DCAD Board of Directors DATE: October 8, 2010 SUBJECT: Candidates for Appraisal Review Board The Board of Directors of the Denton Central Appraisal District is requesting candidates for possible appointment to the Appraisal Review Board. We have enclosed the qualifications for appointment to the Appraisal Review Board. Please return your Candidate List by October 29, 2010. All candidates will be mailed an application. The Board of Directors will make their decision at their December meeting. If you have any questions please call Kathy Williams at (940) 349-3974. PHONE : (940) 349-3800 METRO: (972) 434-2602 FAX : (940) 349-3801 Town Council 16 of 136 Meeting Date: November 1, 2010 October 8, 2010 APPRAISAL REVIEW BOARD Appraisal Review Board (ARB) Meetings Beginning in January, the ARB will meet on the third Wednesday of each month (except in May, June, and July). Meetings are held at the offices of Denton CAD. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will normally be from 8:00 AM. to 5:00 P.M. Currently the ARB meets one night a week in May, June and July. Qualifications To serve on the ARB, you must have lived in Denton County for at least two years before taking office. You do not need any special qualifications . The Comptroller's office will provide a course for training ARB members. All ARB members must complete the course to participate in ARB hearings . Persons Ineligible 1. Those who have served all or part of three previous terms on the ARB. 2. Current or former members of the Board of Directors, officers, or employees of the appraisal district. 3. Those who serve or have served as a member of the governing body or officer of a taxing unit for which the appraisal district appraises property, until the 4th anniversary of the date the person ceased to be a member or officer. (Our attorney has interpreted an officer to be a member of a Planning and Zoning Board, a member of a Zoning Board of Adjustments, an election official or any other officer that has decision­ making authority for any entity that the Appraisal District serves). 4. Those who have ever appeared before the ARB for compensation or if a relative appears, or their work product is used before the ARB for compensation. 5. Employees of the Comptroller's Office or a taxing unit. 6. Those who contract with the appraisal district or with a taxing unit that participates in the appraisal district. Also, if the person or a business entity in which the person has substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. 7. Those with Delinquent Property Taxes. Appointment The Board of Directors will appoint ARB members by a majority vote and record their decision in a resolution. Terms begin January I, 2011. Members serve two-year staggered terms; approximately half of the member's terms expire each year. ARB Compensation The ARB receives $87.50 for a half day or $175.00 for all day. Town Council 17 of 136 Meeting Date: November 1, 2010 Candidate List Please return this form to DCAD no later than October 29,2010. Your jurisdiction may nominate more than one candidate, the appointments will be made at DCAD's December Board of Director's meeting. An application form will be mailed to each candidate to complete . Name of Your Jurisdiction Name and address of Candidate : Name Address City Zip Daytime Phone Number Evening Phone Number Please return this form to: Kathy Williams Denton Central Appraisal District P.O. Box 2816 Denton, Texas 76202 (940) 349-3974 Town Council 18 of 136 Meeting Date: November 1, 2010 Town of Trophy Club BOARD APPLICATION Please check the appropriate County and Board(s) Denton Central Appraisal District Tarrant Appraisal District o Board of Directors 0 Board of Directors iii Appraisal Review Board 0 Appraisal Review Board We strongly encourage that a brief resume be submitted along with the application. Name: J0e ()h L t!r/s-fp+c r.e:H-i E-mail: Address --rt {>f'6 f Clv 4ViX 762do2. How long? 4-V.ettr2 Phone (Home): (Work): lr1 7 Registered Voter? DYes ®No Certificate Number: Date Su itte Received by: Last Revision: February 4,2010 Town Council 19 of 136 Meeting Date: November 1, 2010 Joseph Cristoforetti Home Cell Trophy Club. TX 76262 Email Seasoned senior executive with multi unit experience in sales. operalion . merchandising and marketing, training, supply chain HR, audit. risk control. loss prevention, IT and finance providing i ion and leadershjp. Expert in engineering tandard ' and proce es, lralegic planning, identifying best work practices and individual performance management. Succe full led teams in retail. 3PL and manufa~turing companies in continuous improv menl and goal /metric attainment. Excellent communicator and mentor. EXPERIENCE Independent Consultant 2008 to Present Provide expertise to companies for continuous improvement, process engineering, risk and loss control, asset protection, staff development and KPI management. Current assignment with Allan Safety Consultants performing site surveys as requested by insurance companies to ensure the risk is controlled while maintaining coverage for property, liability and workers compensation. Elcoteq Corporation August 2007 to October 2008 Leading multi-billion dollar international electronics manufacturing services (EMS) company that focuses on communication technology customers including cell phones and PDAs. Senior Manager Fulfillment, Mexico Operations, Monterrey, Mexico • A 13 month assignment providing leadership and guidance to a plant of over 3000 employees in Mexico. Newbreed Logistics November 2006 to July 2007 3PL specializing in complex supply chain solutions for major corporations throughout the United States. Assistant General Manager -Distribution/Warehouse, Fort Worth, TX • Led a multi shift plant of over 1400 employees. A reverse logistics center for Verizon Wireless, this plant was the best in class model for reverse solutions, including repair and refurbishment, in the wireless industry. Town Council 20 of 136 Meeting Date: November 1, 2010 T JX Companies, Inc. August 2001 to September 2006 Multibillion dollar retailer of apparel, home furnishings and giftware with over 2000 stores, doing business as TJMaxx, Marshalls, AJWright and Homegoods. Assistant General Manager -Distribution Services, Worcester, MA • Led over 1000 employees in a multi shift 1 million sq. ft. facility responsible for the timely and accurate shipment of 2 million units per week to over 700 stores Laura Ashley, Inc 1999 to 2001 A four channel retailer of apparel and bedlbath goods that included 130 stores in 40 states, Ecommerce, wholesale division and Licensing. (The company relocated corporate office to SC in July 2001) Vice President -Store Operations, Distribution, Logistics and Loss Prevention, Boston, MA • Complete P&L responsibility for 130 stores, 3 DCs, 1000 employees and a $40 million budget. Strawberries, Inc. 1991 to 1998 Retailer of music, movies and accessories with 167 stores in 13 states. Vice President -Distribution, Inventory Control and Loss Prevention, Milford, MA • Led the distribution and transportation function to facilitate and systematically deliver the right product to the right store at the right time. • Managed the asset protection and field audit efforts at all 167 locations Carls Drug Company, Inc. Loss Prevention ManagerlDirector 1981 to 1991 EDUCATION University oflndianapolis, Bachelor of Science, Business Administration and Economics Town Council 21 of 136 Meeting Date: November 1, 2010 Town of Trophy Club BOARD APPLICATION Please check the appropriate County and Board(s) Denton Central Appraisal District Tarrant Appraisal District CJ Board of Directors D Board of Directors ~ Appraisal Review Board CJ Appraisal Review Board We strongly encourage that a brief resume be submitted along with the application. / .------­Name: ///~/L /t E-mail : Address: ~A/ CL4'-6 7' & 7 6;;;;6:2 Why do you want to serve on this group? _=,---~A=-.!:~~:..:..._v.A~~~_~-=---_____/.ld ::......::....:~::'6'.:~U 4'7 Do you have any potential conflicts of interest? J .£&. :4.?tJ~Efi,/:2Ju #7 /J- Do you have any related experience? ,5---« ~£&'a<22 What do you feel you have to offer this group? /~ ,. ...4...._......:z.:.....L£;:f;::::z:::::::;~z:2..-~~~~~/J~__ Official Signature ~ Official Name (Please Pffnt) 7-/~8 -bliJ/OLL Date Submitted v Received by: Last Revision: February 4, 2010 Town Council 22 of 136 Meeting Date: November 1, 2010 Addendum A Neil Twomey Occupation, Experience/Degrees Held? I am a retired senior officer ofa $70 billion bank and I have almost three decades financial experience. I have extensive experience in evaluating residential and commercial properties. I have a BBA Accounting Degree from the University ofNotre Dame. I also have a "MBA Degree in Finance from the University ofDallas. Why do you want to serve on this group? I believe my fmancial and appraisal experience will benefit the DCAD. I am very familiar with the market , cost and income appraisal methods in determining fair market value . Do you have any related experience? As a member of the Town of Trophy Club's Ways & Means Committee and later the Ways & Means Advisory Group, I am well aware of the Town's budget process and its Parks and Recreation Budgets for the previous ten years. I was an EDC-4A director when it funded various capital projects at Harmony Park, Independence Park and the building the Town 's swimming pooL So, I am well aware how the certified values of DCAD impact the budgets of different government entities . As a member of the Trophy Club Municipal Utility District I Board ("MUD"), I developed the plan to finance the construction of the new MUD Fire Station without a corresponding tax increase to fund the new Fire Station $2 ,000,000 bond 's debt service . I also created the MUD Consolidation business plan that reduced the MUD taxes and its operating expenses . Do you have any related experience? I served on the Trophy Club MUD 1 Board from 2006 to 2010 . I served on Ways & Means since 1999. I served on the 2004 Charter Commission. I served as Co-Chair of the Local Option Election Committee. I served on the Board ofEDC-4A from 2000-2008 . What do you feel you have to offer this group? I believe my financial and appraisal experience will benefit the DCAD. I have been on various bank committees that evaluate new real estate projects. I also have been on various bank committees dealing with impaired real estate. I am very familiar with the market, cost and income appraisal methods in determining fair market value and I have almost thirty years experience evaluating appraisal reports. July 28 , 2010 Town Council 23 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-439-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/14/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in Planned Development No. 22 (PD-22); and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Subdivider's Agreement - WEHG Ph 2A.pdf Subdivider's - Attachment A.pdf Action ByDate Action ResultVer. Recommended for ApprovalPlanning & Zoning Commission8/19/2010 1 Pass Town Council 24 of 136 Meeting Date: November 1, 2010 File #: 2010-439-T, Version: 1 Title Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in Planned Development No. 22 (PD-22); and authorizing the Mayor or her designee to execute all necessary documents. Body Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 25 of 136 Meeting Date: November 1, 2010 WATERS EDGE AT HOGAN’S GLEN PHASE 2A SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and BDMR Development, LLC acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Waters Edge at Hogan’s Glen, Phase 2A, more particularly described as a tract of land consisting of approximately 13.616 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on June 14, 2010 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 3, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 1 Town Council 26 of 136 Meeting Date: November 1, 2010 contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 2 Town Council 27 of 136 Meeting Date: November 1, 2010 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 3 Town Council 28 of 136 Meeting Date: November 1, 2010 improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $435,694.82 and the TOWN Engineer has approved an estimate of $435,694.82 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 4 Town Council 29 of 136 Meeting Date: November 1, 2010 such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Stephen Seidel, Acting Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: sseidel@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”. Except as expressly provided otherwise, DEVELOPER, and when applicable, Homeowners Association, shall be responsible for the construction and maintenance of all improvements and facilities for the Project: Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 5 Town Council 30 of 136 Meeting Date: November 1, 2010 Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 6 1) Water Distribution System (will be owned and maintained by the TOWN after wned and maintained by the TOWN after ned and maintained by the TOWN e). eveloper shall, as part of the subdivision Plat odplain or require the Homeowners Association for this subdivision to maintain. Dedication – Shall be satisfied with payment of $37,738.00 cash by eloper in lieu of land and shall be due at pre-construction meeting. B. Other. 1. . Upon completion, three (3) sets of as-builts/record drawings shall be submitted to N within two (2) months following the acceptance of the public provements and facilities. 3. Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. s shall be conducted by an independent laboratory acceptable to the Town. 4. WN fees as set forth in the TOWN’S Schedule of Fees, as may be mended from time to time. The DEVELOPER will be responsible for obtaining y be required by other federal, state or local acceptance). 2) Sanitary Sewer System (will be o acceptance). 3) Drainage and Storm Sewer System (will be ow after acceptanc 4) Street Paving – Streets shall be built to Town standards and shall be private and maintained by the Homeowners Association. 5) Landscaping. 6) Fences/Walls/Retaining Walls – Retaining Wall for roadway shall be approved by Town Engineer prior to commencement of construction. 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways – The D approval, be responsible for the construction of the required sidewalk. 8) Lights – Street lights shall be as designated on street light layout plan approved by Town and submitted to Oncor. 9) Common Areas and Floodplain – No Common Areas in the platted area but adjacent floodplain is owned by Developer who shall maintain the flo 10) Parkland Dev Bench marks to be located as shown on the approved plans. 2 the TOW im Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Such test Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $21,784.74 (5% of $435,694.82) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TO a any other permits which ma Town Council 31 of 136 Meeting Date: November 1, 2010 Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 7 authorities. 5. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 22 and all TOWN approved in addition to all other Town ordinances. III. GEN A. for property damage and bodily injury in the amounts. Coverage shall be on an minimum limit of $600,000 per occurrence and $1,000,000 aggregate. C. gments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from Planned Development No. 22. amendments thereto ERAL PROVISIONS The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured “occurrence” basis and shall be issued with a combined bodily injury and property damage B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all jud development of this PROJECT will accrue to the DEVELOPER. Town Council 32 of 136 Meeting Date: November 1, 2010 Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 8 D. s contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any E. ubstantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and r this Agreement nor any part hereof or any interests, rights, or obligations G. such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to H. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with thi other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon S their deficiencies that need to be addressed for Final Completion of the Improvements. F. Neithe herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Town Council 33 of 136 Meeting Date: November 1, 2010 Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 9 Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall I. edy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any y the TOWN. IGNED AND EFFECTIVE on the date last set forth below. DEVELPER: be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, rem rights, remedies, or privileges under this Agreement b S O By: Date: By: Project Manager Date: TOWN OF TROPHY CLUB: By: Mayor, TOWN of Trophy Club Town Council 34 of 136 Meeting Date: November 1, 2010 Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 2A 10 ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council 35 of 136 Meeting Date: November 1, 2010 Town Council 36 of 136 Meeting Date: November 1, 2010 Town Council 37 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-576-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a Final Plat for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the intersection of Trophy Club Drive and Bobcat Blvd. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-033) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 1, Phase 2A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Attachments:Staff Report - TC 110110 - NH 1 Ph 2A.pdf Application.pdf 3rd Review Final-NH 1Ph 2A-Construction Plans 10-20-10.pdf Subdivider's Agreement - NH 1 Ph 2A.pdf Subdivider's - Attachment A.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 38 of 136 Meeting Date: November 1, 2010 File #: 2010-576-T, Version: 1 Title Consider and take appropriate action regarding a Final Plat for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the intersection of Trophy Club Drive and Bobcat Blvd. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-033) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 1, Phase 2A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Body Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 39 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. FP-10-033 Final Plat Lots 10-45, Block A; Lots 20-38, Block B; Lots 1-9, Block G; The Highlands at Trophy Club Neighborhood 1, Phase 2A SUBJECT: Discussion and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the intersection of Trophy Club Drive and Bobcat Blvd. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-033) REQUEST: Consider approval of the final plat of Final Plat of Lots 10-45, Block A; Lots 20-38, Block B; and Lots 1-9, Block G The Highlands At Trophy Club Neighborhood 1, Phase 2A Addition out of the T. Calloway Survey, Abstract No. 272 and the R. Allen Survey, Abstract No. 17 in the Town of Trophy Club, Denton County, Texas containing 64 residential lots comprising a total of 16.678 acres of land. ZONING: Planned Development District No. 27. Lots 10-17, Block A are within the Lot Type 3 category and the remaining lots are within the Lot Type 4 designation. Lot Type 3 Development Standards: Minimum Lot Size: 8,400 square feet Front Yard: 25-feet Rear Yard: 20-feet Side Yard: 5-feet Side Yard Adjacent to Street: 15-feet Minimum Lot Depth: 110-feet Minimum Lot Width: 70-feet measured at Build Line Minimum Lot Width adjacent to street: 80-feet measured at Build Line Town Council 40 of 136 Meeting Date: November 1, 2010 Lot Type 4 Development Standards: Minimum Lot Size: 7,200 square feet Front Yard: Varies between 20-feet, 23-feet, and 26-feet Rear Yard: 20-feet Side Yard: 5-feet Side Yard Adjacent to Street: 15-feet Minimum Lot Depth: 100-feet Minimum Lot Width: 60-feet measured at Build Line Minimum Lot Width adjacent to street: 70-feet measured at Build Line HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 1 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007 by Ordinance No. 2007-15 P&Z, which has had several amendments since that time. PRELIMINARY PLAT: REVIEW: This final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. Town Council 41 of 136 Meeting Date: November 1, 2010 This final plat is different than the approved preliminary plat with respect to the lot layout and street layout; however, the lot count remains the same and this is not a significant change from what was approved. FINAL PLAT: RECOMMENDATION: The final plat has been reviewed for compliance with the Town’s Subdivision Ordinance, with the approved preliminary plat, and with the Development Standards as set forth in Ordinance No. 2007-15. Staff recommends approval. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Kyle Salzman, Jacobs Engineering, was present representing the applicant. Commissioner Sheridan asked that the wellheads be identified on the plat. Kyle Salzman, Jacobs Engineering, stated that from their perspective they do not have an issue adding the wellhead locations to the plat. Chairman Hill asked that the gas wellhead locations be added to the plat before the plat goes to Council. Commissioner Sheridan stated that there is greenspace surrounding the northern edge of the plat. He asked how far away the 100-year floodplain is from these Town Council 42 of 136 Meeting Date: November 1, 2010 lots and will there be any significant back filling of any of the lots. Mr. Salzman responded that the 100-year floodplain at Lake Grapevine is, he believes, 564-ft. elevation and it is not close to these lots. He stated that it touches some of the open space but is not within the platted area and is a fair distance from the lots. Commissioner Sheridan asked for a definition of “fair distance”. Mr. Salzman responded that in places the elevations for these lots are in the neighborhood of 580. Commissioner Sheridan stated that floodplain, then, isn’t an issue here. He asked, “what about backfill; for instance, the gap between Lots 38 and 39.” Mr. Salzman responded that flowage easement is roughly 8-ft. above the floodplain elevation – 572-ft. – the flowage easement comes up near that area which prevented putting a buildable lot there. Commissioner Sheridan asked if significant fill would be put on the lots, significant meaning more than 4-ft. Mr. Salzman responded that fill was placed a couple of years ago and he doesn’t recall how much was put there at that time. Commissioner Sheridan stated that on Block A on the west side of the plat there is a sidewalk that is part of the trail system and the sidewalk should be 6-ft. He stated that the existing sidewalk is 6-ft. and this will be tied into it even though it isn’t marked on this plat, correct? Mr. Salzman responded, “yes”. He stated that it is in the zoning. Ms. Huggins added that the pathway plan is identified in the PD-27 zoning ordinance and the 6-ft. sidewalk trail requirement will be addressed in the Subdividers Agreement that goes to Council for approval. Commissioner Davidson asked why there was a change in lot design from preliminary plat to final plat? Mr. Salzman didn’t have a response but Commissioner Sheridan gave the opinion that this final plat follows the original master plan design rather than the preliminary plat design. There was no further discussion and Chairman Hill called for a motion. Commissioner Sheridan motioned to recommend approval of the Final Plat of Neighborhood 1, Phase 2A with the stipulation that engineering documents must have Town Engineer approval prior to placement of this plat on a Council agenda. The motion was seconded by Commissioner Reed. Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved STAFF COMMENT: There are minor revisions needed to the construction documents. Staff recommends approval of the plat, and a pre-construction meeting will not be held and infrastructure construction will not commence until the Town Engineer has approved the engineering documents. SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates, reviewed and approved by the Town Town Council 43 of 136 Meeting Date: November 1, 2010 Engineer, which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application Town Engineer Construction Comments (Memo) Plat (hard copy only) Subdivider’s Agreement with Attachment A Town Council 44 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 4 5 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 1 TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: October 15, 2010 Re: The Highlands NH 1, Phase 2A – Construction Plan: Third Review The following comments represent a review by TNP on the construction plans prepared by Jacobs, dated October 2010. It is the intent of this review to provide the engineer and developer the requirements that are consistent with the Town Standards and Regulations for development and construction. The comments noted below must be addressed and resubmitted for confirmation. Drainage Improvements (Sheet 9 thru 12) Sheet 9 – Drainage Area Map- No comment Sheet 10 – Drainage Calculations 1. On SD-6, the HGL at Sta. 112.00 is 576.85’. The product of the friction slope (0.0078) and the pipe length (39.03’) is 0.30’. Based on the information provided, the HGL upstream at Sta. 159.03 should be 577.15’. This is higher than the downstream HGL for the next pipe segment. This is a head gain, which is not permitted in the Design Standards. Refer to the Design Standards for the minimum head loss. Re-evaluate the calculations and verify that figures reported are correct. 2. If some of the pipe segments are at critical depth, note this in the calculations. Town Council 46 of 136 Meeting Date: November 1, 2010 2 Sheet 11 – Storm Drain Line SD-5 & SD-6 1. Correct the HGL based on any changes in the calculations. 2. On SD-6, there are two wye connections. The HGL figures show a head loss at both junctions, but this is not reflected in the HGL line drawn in the profile. Also, the vertical bend at Sta. 3+00.00 shows a head loss of 0.89’. Verify that this is correct. Re-evaluate the calculations and verify that the figures and HGL shown are correct. 3. Sheet 12 – Storm Drain Line SD-7, SD-8 & Laterals 6A & 6B 1. No comment. Town Council 47 of 136 Meeting Date: November 1, 2010 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 1, PHASE 2A SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and High Trophy Development, L.P. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Neighborhood 1, Phase 2A of The Highlands at Trophy Club, more particularly described as a tract of land consisting of approximately 16.678 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on June 23, 2010 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 18, 2006. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit Neighborhood 1, Phase 2A Subdivider’s Agreement 1 of 10Town Council 48 of 136 Meeting Date: November 1, 2010 contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Neighborhood 1, Phase 2A Subdivider’s Agreement 2 of 10Town Council 49 of 136 Meeting Date: November 1, 2010 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the Neighborhood 1, Phase 2A Subdivider’s Agreement 3 of 10Town Council 50 of 136 Meeting Date: November 1, 2010 improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $518,641.02 and the TOWN Engineer has approved an estimate of $518,641.02 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how Neighborhood 1, Phase 2A Subdivider’s Agreement 4 of 10Town Council 51 of 136 Meeting Date: November 1, 2010 such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Stephen Seidel, Acting Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: sseidel@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. Neighborhood 1, Phase 2A Subdivider’s Agreement 5 of 10Town Council 52 of 136 Meeting Date: November 1, 2010 II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”: 1) Water Distribution System. 2) Sanitary Sewer System. 3) Drainage and Storm Sewer System. 4) Street Paving. 5) Landscaping. 6) Fences/Walls/Retaining Walls. 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways – Developer shall install 6-ft. wide sidewalk (trail system) on west side of Roseville Drive. Sidewalk connections from Amenity Lakes to the cul-de-sacs (Roseville Drive, Geneva Court, Rose Bay Court, and Balmain Court) will be completed by the Developer and maintained by the Homeowners Association. 9) Lights – Street lights shall be installed as designated on street light layout plan approved by Town and submitted to Oncor. 10) Homeowners Association shall maintain all common areas in Neighborhood 1, Phase 2A, including mowing, irrigation and maintenance of the right-of-way along cul-de-sacs (Roseville, Geneva, Rose Bay, and Balmain) and right-of-way between Lots 38 and 39, Block A. 11) Parkland Dedication requirement for this subdivision was satisfied with the parkland given as part of PD-27, Ordinance No. 2007-15 P&Z. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. Neighborhood 1, Phase 2A Subdivider’s Agreement 6 of 10Town Council 53 of 136 Meeting Date: November 1, 2010 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $25,932.05 (5% of $518,641.02) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development District No. 27. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto in addition to all other Town ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any Neighborhood 1, Phase 2A Subdivider’s Agreement 7 of 10Town Council 54 of 136 Meeting Date: November 1, 2010 improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT will accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may Neighborhood 1, Phase 2A Subdivider’s Agreement 8 of 10Town Council 55 of 136 Meeting Date: November 1, 2010 incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Date: By: Project Manager Date: Neighborhood 1, Phase 2A Subdivider’s Agreement 9 of 10Town Council 56 of 136 Meeting Date: November 1, 2010 Neighborhood 1, Phase 2A Subdivider’s Agreement 10 of 10 TOWN OF TROPHY CLUB: By: Mayor, Town of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council 57 of 136 Meeting Date: November 1, 2010 Town Council 58 of 136 Meeting Date: November 1, 2010 Town Council 59 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-577-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a Final Plat for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-034) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Attachments:Staff Report - TC - NH 5 Ph 2B.pdf Application.pdf Town Engineer Approval - NH 5 Ph 2B.pdf Subdivider's Agreement - NH 5 Ph 2B.pdf Subdivider's - Attachment A.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 60 of 136 Meeting Date: November 1, 2010 File #: 2010-577-T, Version: 1 Title Consider and take appropriate action regarding a Final Plat for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-034) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Body Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 61 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. FP-10-034 Final Plat Lots 20-62, Block G; Lots 1-10, Block K; The Highlands at Trophy Club Neighborhood 5, Phase 2B SUBJECT: Discussion and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-034) REQUEST: Consider a recommendation of approval of the final plat of Lots 20- 62, Block G and Lots 1-10, Block K, The Highlands At Trophy Club, Neighborhood 5, Phase 2B Addition out of the R. Allen Survey, Abstract No. 17, in the Town of Trophy Club, Denton County, Texas containing 53 residential lots comprising a total of 16.198 acres of land. ZONING: Planned Development District No. 27. Block K, Lots 1-3, 9-10, and Block G, Lots 34-47 are Lot Type 2 lots. Block K, Lots 4-8 and Block G, Lots 20- 33 and 48-62 are Lot Type 3 lots. Lot Type 2 Development Standards Minimum Lot Size: 10,000 sq. ft. Front Yard: 25-ft. Rear Yard: 25-ft. Side Yard 7.5-ft. 15-ft. (adjacent to street) Minimum Lot Width: 80-ft. measured at the front building line 90-ft. adjacent to side street, measured at the front building line Minimum Lot Depth: 110-ft 100-ft corner or cul-de-sac lot. Town Council 62 of 136 Meeting Date: November 1, 2010 Lot Type 3 Development Standards: Minimum Lot Size: 8,400 square feet Front Yard: 25-feet Rear Yard: 20-feet Side Yard: 5-feet Side Yard Adjacent to Street: 15-feet Minimum Lot Depth: 110-feet Minimum Lot Width: 70-feet measured at Build Line Minimum Lot Width adjacent to street: 80-feet measured at Build Line HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 5 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by Ordinance No. 2007-15 P&Z, and has had several amendments since that time. REVIEW AND RECOMMENDATION: The final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. Staff recommends approval. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Chairman Hill asked that the gas well pad be identified and, as noted in the previous plat for Neighborhood 1, add the location of the wellheads to the gas well site, as well as adding two notes to the plat regarding distance and permitting of gas well sites. He also asked that the square footage of each lot be added to the plat. Commissioner Sheridan asked that any floodplain close to the platted area be designated on the plat. He also asked that a note be added to the plat designating that no buildable lots are in the floodplain. There was no further discussion and Chairman Hill called for a motion. Commissioner Sheridan motioned to recommend approval of the Final Plat of Neighborhood 5, Phase 2B with the stipulation that engineering documents must have Town Engineer approval prior to placement of this plat on a Council agenda. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved Town Council 63 of 136 Meeting Date: November 1, 2010 STAFF COMMENT: The construction documents have received final approval (memo attached from Town Engineer). SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates, reviewed and approved by the Town Engineer, which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application Town Engineer Construction Approval (Memo) Plat (hard copy only) Subdivider’s Agreement with Attachment A Town Council 64 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 6 5 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 1 TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: October 20, 2010 Re: The Highlands NH 5, Phase 2B – Construction Plan: FINAL Plan comments have been addressed. The final plat is ready to proceed to P&Z and Council. Town Council 66 of 136 Meeting Date: November 1, 2010 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 5, PHASE 2B SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and High Trophy Development, L.P. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, more particularly described as a tract of land consisting of approximately 16.198 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on June 23, 2010 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 18, 2006. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit Neighborhood 5, Phase 2B Subdivider’s Agreement 1 of 10Town Council 67 of 136 Meeting Date: November 1, 2010 contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Neighborhood 5, Phase 2B Subdivider’s Agreement 2 of 10Town Council 68 of 136 Meeting Date: November 1, 2010 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the Neighborhood 5, Phase 2B Subdivider’s Agreement 3 of 10Town Council 69 of 136 Meeting Date: November 1, 2010 improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $480,196.92 and the TOWN Engineer has approved an estimate of $480,196.92 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how Neighborhood 5, Phase 2B Subdivider’s Agreement 4 of 10Town Council 70 of 136 Meeting Date: November 1, 2010 such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Stephen Seidel, Acting Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: sseidel@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. Neighborhood 5, Phase 2B Subdivider’s Agreement 5 of 10Town Council 71 of 136 Meeting Date: November 1, 2010 II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”: 1) Water Distribution System. 2) Sanitary Sewer System. 3) Drainage and Storm Sewer System. 4) Street Paving. 5) Landscaping. 6) Fences/Walls/Retaining Walls. 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways – Sidewalk connection from Amenity Lakes to the Highlands Court cul-de-sac will be completed by the Developer and maintained by the Homeowners Association. 9) Lights – Street lights shall be installed as designated on street light layout plan approved by Town and submitted to Oncor. 10) Homeowners Association shall maintain all common areas in Neighborhood 5, Phase 2B, including mowing, irrigation and maintenance of the right-of-way along cul-de-sacs (Highland Court, Bronte Court) as well as half cul-de-sac transitioning between Morgan Lane and Glory Lane, and right-of-way along Glory Lane adjacent to open space. 11) Parkland Dedication requirement for this subdivision was satisfied with the parkland given as part of PD-27, Ordinance No. 2007-15 P&Z. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $480,196.92 (5% of $24,009.85) to cover the cost of TOWN inspection fees as Neighborhood 5, Phase 2B Subdivider’s Agreement 6 of 10Town Council 72 of 136 Meeting Date: November 1, 2010 related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development District No. 27. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto in addition to all other Town ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of Neighborhood 5, Phase 2B Subdivider’s Agreement 7 of 10Town Council 73 of 136 Meeting Date: November 1, 2010 them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT will accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Neighborhood 5, Phase 2B Subdivider’s Agreement 8 of 10Town Council 74 of 136 Meeting Date: November 1, 2010 Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Date: By: Project Manager Date: Neighborhood 5, Phase 2B Subdivider’s Agreement 9 of 10Town Council 75 of 136 Meeting Date: November 1, 2010 Neighborhood 5, Phase 2B Subdivider’s Agreement 10 of 10 TOWN OF TROPHY CLUB: By: Mayor, Town of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council 76 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-578-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-035) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Attachments:Staff Report - TC - NH 6 Ph 3A.pdf Application.pdf Subdivider's Agreement - NH 6 Ph 3A.pdf Subdivider's - Attachment A.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 77 of 136 Meeting Date: November 1, 2010 File #: 2010-578-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-035) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, between the Town and High Trophy Development, LP Body Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 78 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. FP-10-035 Final Plat Lots 1-20, Block CC; Lots 27-57, Block DD; and Open Space Lot 1, Block CC The Highlands at Trophy Club Neighborhood 6, Phase 3A SUBJECT: Discussion and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (FP-10-035) REQUEST: Consider a recommendation of approval of the final plat of Lots1-20, Block CC, Lots 27-57, Block DD, and Open Space Lot 1, Block CC, The Highlands At Trophy Club, Neighborhood 6, Phase 3A Addition out of the R. Allen Survey, Abstract No. 5, and the R. Allen Survey, Abstract No. 17, in the Town of Trophy Club, Denton County, Texas containing 51 residential lots and 1 open space lot, comprising a total of 21.176 acres of land. ZONING: Planned Development District No. 27. Block DD, Lots 27-57 are Lot Type 2 lots. Block CC, Lots 1-20 are Lot Type 2 golf course lots. Lot Type 2 Development Standards Minimum Lot Size: 10,000 sq. ft. (11,000 sq. ft. adjacent to golf course) Front Yard: 25-ft. Rear Yard: 25-ft. (non-golf course lot) 35-ft. (golf course) Side Yard 7.5-ft. (non golf course lot) 10-ft. (golf course) 15-ft. (adjacent to street) Town Council 79 of 136 Meeting Date: November 1, 2010 Minimum Lot Width: 80-ft. measured at the front building line 90-ft. adjacent to side street, measured at the front building line Minimum Lot Depth: 110-ft 100-ft corner or cul-de-sac lot. HISTORY: This property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 6 on December 18, 2006. The zoning of PD-27 was approved by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by Ordinance No. 2007-15 P&Z, and has had several amendments since that time. REVIEW AND RECOMMENDATION: This final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. Staff recommends approval. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Chairman Hill announced the case and asked for a staff report. Ms. Huggins stated that this is the first plat brought before the Commission for Neighborhood 6, which will be known as Prestwick Hollow of The Highlands. This plat brings forward 51 lots in Neighborhood 6. These are all Lot Type 2 lots, which require a minimum 10,000 sq. ft. lot; 11,000 if adjacent to a golf course. This plat meets the Town’s subdivision rules and regulations and staff recommends approval. Kyle Salzman, Jacobs Engineering, was present representing the applicant. Chairman Hill asked that a lot on an adjoining property (outside the platted area) be identified before this plat goes to Council. Applicant will do so. There was no further discussion and Chairman Hill called for a motion. Commissioner Reed motioned to recommend approval of the Final Plat of Neighborhood 6, Phase 3A with the stipulation that engineering documents must have Town Engineer approval prior to placement of this plat on a Council agenda. The motion was seconded by Vice Chairman Stephens. Town Council 80 of 136 Meeting Date: November 1, 2010 Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved STAFF COMMENT: Minor revisions are required on the construction documents. Staff recommends approval of the plat, and the pre-construction meeting and commencement of construction will not take place until the Town Engineer has given approval. SUBDIVIDER’S AGREEMENT: The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction estimates, reviewed and approved by the Town Engineer, which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application Plat (hard copy only) Subdivider’s Agreement with Attachment A Town Council 81 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 8 2 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 6, PHASE 3A SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and High Trophy Development, L.P. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, more particularly described as a tract of land consisting of approximately 21.176 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on June 23, 2010 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 18, 2006. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit Neighborhood 6, Phase 3A Subdivider’s Agreement 1 of 10Town Council 83 of 136 Meeting Date: November 1, 2010 contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Neighborhood 6, Phase 3A Subdivider’s Agreement 2 of 10Town Council 84 of 136 Meeting Date: November 1, 2010 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the Neighborhood 6, Phase 3A Subdivider’s Agreement 3 of 10Town Council 85 of 136 Meeting Date: November 1, 2010 improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $657,822.47 and the TOWN Engineer has approved an estimate of $657,822.47 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how Neighborhood 6, Phase 3A Subdivider’s Agreement 4 of 10Town Council 86 of 136 Meeting Date: November 1, 2010 such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Stephen Seidel, Acting Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: sseidel@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. Neighborhood 6, Phase 3A Subdivider’s Agreement 5 of 10Town Council 87 of 136 Meeting Date: November 1, 2010 II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”: 1) Water Distribution System. 2) Sanitary Sewer System. 3) Drainage and Storm Sewer System. 4) Street Paving. 5) Landscaping. 6) Fences/Walls/Retaining Walls. 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways. 9) Lights – Street lights shall be installed as designated on street light layout plan approved by Town and submitted to Oncor. 10) Homeowners Association shall maintain all common areas in Neighborhood 6, Phase 3A; Common areas include Open Space 1, Block CC. 11) Parkland Dedication requirement for this subdivision was satisfied with the parkland given as part of PD-27, Ordinance No. 2007-15 P&Z. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $32,891.12 (5% of $657,822.47) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. Neighborhood 6, Phase 3A Subdivider’s Agreement 6 of 10Town Council 88 of 136 Meeting Date: November 1, 2010 5. Planned Development District No. 27. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto in addition to all other Town ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT will accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted Neighborhood 6, Phase 3A Subdivider’s Agreement 7 of 10Town Council 89 of 136 Meeting Date: November 1, 2010 assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall Neighborhood 6, Phase 3A Subdivider’s Agreement 8 of 10Town Council 90 of 136 Meeting Date: November 1, 2010 be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Date: By: Project Manager Date: Neighborhood 6, Phase 3A Subdivider’s Agreement 9 of 10Town Council 91 of 136 Meeting Date: November 1, 2010 Neighborhood 6, Phase 3A Subdivider’s Agreement 10 of 10 TOWN OF TROPHY CLUB: By: Mayor, Town of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club Town Council 92 of 136 Meeting Date: November 1, 2010 Town Council 93 of 136 Meeting Date: November 1, 2010 Town Council 94 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-580-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Attachments:Staff Report - TC - NH 6 Ph 3A.pdf Application - Independence Park East - Final Plat.pdf Public Hearing Notice.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 95 of 136 Meeting Date: November 1, 2010 File #: 2010-580-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of the Final Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land. Applicant: Town of Trophy Club (FP-10-037) Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 96 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 9 7 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. FROM: Carolyn Huggins RUN DATE: Wednesday, October 6, 2010 NOTICE OF PUBLIC HEARING INDEPENDENCE PARK EAST FREEDOM PARK (DOG PARK) TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, October 21, 2010 TROPHY CLUB TOWN COUNCIL Monday, November 1, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, October 21, 2010, to consider plat/replat and site plan approval of Independence Park East located in the 500 block of Parkview Drive. The park will be developed on vacant land located across the street from Medlin Middle School. Replat and Site Plan approval require a public hearing. Applicant: Town of Trophy Club. At the same meeting, the Planning & Zoning Commission will consider a site plan for a dog park to be located on Lot 1, Block 1, Freedom Park, located in the 2800 Block of Trophy Park Drive. Applicant: Town of Trophy Club. The Town Council will hear these requests on Monday, November 1, 2010. Town Council 98 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-582-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). Attachments:Staff Report - TC - Site Plan Ind Park E.pdf Application - Independence Park East - Site Plan.pdf Public Hearing Notice - Site Plan.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 99 of 136 Meeting Date: November 1, 2010 File #: 2010-582-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP-10-012). Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 100 of 136 Meeting Date: November 1, 2010 ` TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. SP-10-012 Site Plan Independence Park East SUBJECT: Public Hearing, Discussion and take appropriate action regarding a request for approval of a Site Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in the Joseph Henry Survey, Abstract No. 529, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-012) PURPOSE: The Town of Trophy Club is expanding the existing recreational area, where the Town’s Community Pool is located by adding ball fields, concession stand, restrooms and a pavilion. Prior to issuance of a building permit, the Town must approve a site plan in accordance with Section 5.09, “Site Plan Requirements” and 7.03, “Landscape Requirements”. CURRENT STATUS: This property is currently vacant and is zoned “CR” Commercial Recreation. ANALYSIS: The proposed site plan indicates a 25’ front yard setback along both street frontages; adjacent to the residentially zoned properties to the south; there is a 25’ building setback line; and a 10’ setback along the eastern property line. A 40’ landscape buffer is required adjacent to the residentially zoned property south of this site. SITE PLAN REVIEW:  Lighting: The site plan shows the location and height of lights. A one-foot candle is required at perimeters of the property and the site meets this requirement except at the perimeter between the park property and Lot 6 of Neighborhood 9. A waiver is requested. To help block lighting onto the adjacent residential lots, sixteen (16) 6-inch caliper trees will be planted along the masonry wall behind Lots 5, 6, 7, and 8, and a berm will be added at the property line.  Parking: As indicated in the table shown on the site plan, identifies 192 spaces and 9 handicapped spaces for a total of 201 parking spaces. Town ordinances do not set a minimum standard for Commercial Recreation. The building code determines spaces per use. The Parks Town Council 101 of 136 Meeting Date: November 1, 2010 Director, Town Engineer and Building Inspector have determined that 201 will be adequate for normal use of this park. During tournaments, additional parking will be available on the west side of Parkview Drive at Independence Park West and, possibly, at Medlin Middle School (depending on the day of the week and whether or not events are planned at the school).  Dumpster: A dumpster is located in the southeast corner of the parking lot. As required by ordinance, the trash receptacle shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.  Street Treatments: Decorative street treatments are required in the CR district and to meet this regulation stained concrete pavers will be used for the cul-de-sac in the park and at the main drive from the street.  Fencing: Chain link fencing will be used on the property line between the Village Center property and the park. LANDSCAPE PLAN REVIEW:  194 trees will be planted in the park with each size and type identified on Sheet 3 – Landscape plan.  In the CR District, the front landscape buffer shall contain trees 4” caliper measured 12” from the ground and shall be 12’ in height planted on 30’ centers. The landscape plan calls for street trees 3” caliper planted on 40’ centers. A waiver is requested. The west side of Parkview Drive contains a park (Independence Park West) and a school (Medlin Middle School) rather than residential, which usually requires a higher density of trees as a buffer. Street trees 3” caliper planted on 40-ft. centers represents a cost savings of approximately $10,000. STAFF RECOMMENDATION: Staff recommends approval of the site plan and landscape plan, granting a waiver for: 1. Lighting at the property line behind the left field fence of Competition Field in southeast corner of the park property, which will be mitigated through the use of a berm and planting of large caliper trees; 2. The front landscape buffer along Parkview Drive may contain 3” caliper trees planted on 40-ft. centers. Waivers to Regulations The Town Council of the Town of Trophy Club shall have the ultimate power to grant or reject waivers to the Subdivision Regulations upon receipt of a recommendation from the Planning and Zoning Commission. In granting a waiver, the Town Council shall prescribe conditions that it deems necessary to or desirable in the public interest. The Town Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed Town Council 102 of 136 Meeting Date: November 1, 2010 subdivision, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Town Council shall make findings based upon evidence in each specific case that: 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of the land; and 2. The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and 3. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4. The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 5. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted Comprehensive Land Use Plan and the provisions of these Regulations. Such findings of the Planning and Zoning Commission and the Town Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Town Council meeting at which such waiver is granted or denied. Waivers may be granted only when in harmony with the general purpose and intent of the adopted Comprehensive Land Use Plan and these Regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship. The Town Council determination shall be final. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Mr. Adams, Parks and Recreation Director, gave a PowerPoint presentation of the development plans for Independence Park East, pointing out four ball fields, two multi-use fields, parking (201 spaces), and landscaping (approximately 180 trees and 525 shrubs). He pointed out the lighting in the right field adjacent to Lot 6, Neighborhood 9 which will shine over the masonry wall into Lot 6. Mr. Adams explained that for baseball strong lighting is required for safety in catching a ball in the air. At the perimeter of the property (the base of the wall) the lighting is within the allowed candle foot because the wall blocks the light. The ground will be bermed and large trees (6-inch caliper) will be planted along the perimeter of Lot 6 at the point needed to diffuse the light. Town Council 103 of 136 Meeting Date: November 1, 2010 Commissioner Davidson asked for an explanation of the decorative street treatments that will be used on this site. Mr. Rutledge stated that the pavers will be stained concrete at the cul-de-sac in the park and at the main drive from the street. There were no further comments or discussion from the Planning and Zoning Commissioners. Councilman Stotts came to the podium. Comments/Questions: In his opinion the waiver for the trees is valid. He asked a question regarding the arbor height, the sidewalk width, the depth of the concrete and the decorative landscaping. He also asked about the area and slope around the concession stand When Mr. Stotts completed his comments, Chairman Hill called for a motion. Commissioner Davidson made a motion recommending approval of the site plan and granting a waiver for: (1) Lighting at the property line of Lot 6, Neighborhood 9, which will be mitigated by a berm and planting of large caliper trees; and (2) the front landscape buffer along Parkview Drive may contain 3” caliper trees planted on 40-ft. centers rather than 4” caliper trees planted on 30-ft. centers. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved PUBLIC HEARING: As required by Ordinance for a replat, a notice of public hearing was placed in the local newspaper. Attachments: Application Public Hearing Notice Site Plan (24x36 Hardcopy) (8 pages) Town Council 104 of 136 Meeting Date: November 1, 2010 To w n Co u n c i l 10 5 of 13 6 Me e t i n g Da t e : No v e m b e r 1, 20 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. FROM: Carolyn Huggins RUN DATE: Wednesday, October 6, 2010 NOTICE OF PUBLIC HEARING INDEPENDENCE PARK EAST FREEDOM PARK (DOG PARK) TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, October 21, 2010 TROPHY CLUB TOWN COUNCIL Monday, November 1, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, October 21, 2010, to consider plat/replat and site plan approval of Independence Park East located in the 500 block of Parkview Drive. The park will be developed on vacant land located across the street from Medlin Middle School. Replat and Site Plan approval require a public hearing. Applicant: Town of Trophy Club. At the same meeting, the Planning & Zoning Commission will consider a site plan for a dog park to be located on Lot 1, Block 1, Freedom Park, located in the 2800 Block of Trophy Park Drive. Applicant: Town of Trophy Club. The Town Council will hear these requests on Monday, November 1, 2010. Town Council 106 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-583-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (PP-10- 019) Attachments:Staff Report - TC - Prel Plat Freedom Park.pdf Application - Prel Plat.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 107 of 136 Meeting Date: November 1, 2010 File #: 2010-583-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (PP-10-019) Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 108 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. PP-10-019 Preliminary Plat Freedom Park SUBJECT: Discussion and take appropriate action regarding a request for approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (PP-10-019) PURPOSE: The Town of Trophy Club has passed bonds for the construction of various parks within the Town’s limits. Freedom Park is proposed as the Town’s “Dog Park”. Prior to issuance of a building permit, platting and site plan approval is required. CURRENT STATUS: This property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved concept plan. ANALYSIS: The proposed plat indicates a 25’ front yard setback along both street frontages (existing and proposed); additionally, there is a 10’ setback along the eastern and northern property lines. According to the provisions in PD 27, approximately 8.0 acres of this site is located within a flowage easement/100 year floodplain. This area will remain in its natural state. RECOMMENDATION: This plat meets the minimum standards of the preliminary plat requirements as set forth in the Town’s Code of Ordinances. Staff recommends approval of this plat. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Chairman Hill announced the case and asked that the applicant’s engineer identify the gas well site to the north of the park. Town Council 109 of 136 Meeting Date: November 1, 2010 Commissioner Sheridan asked that the wellheads be identified on the plat. He asked how the floodplain area will be maintained that is located inside the plat. Mr. Adams responded that it will be left in a natural state. Commissioner Sheridan asked if it would be open to the public. Mr. Adams responded that it will be open to the public. Commissioner Sheridan asked a number of questions regarding drainage. He is concerned than an 18” culvert (on the east side of the plat) isn’t adequate to handle the water flow across this property. Town Engineer, Tom Rutledge, responded that the culvert is on Corps of Engineers property and controlled by the Corps, but is adequate to handle the flow, which is noted on the plat, but not in a table format which is where Mr. Sheridan had been looking for the data. Mr. Rutledge also pointed out two future storm drains from Neighborhood 7 into the park. He stated that Neighborhood 7 is anticipated to come on line in approximately two years and when that neighborhood develops Staff and the Town Engineer will be able to review the construction plans and require adequate storm drains at that time. There were no further comments or discussion from the Planning and Zoning Commissioners. Councilman Stotts came to the podium. He stated that he was previously on the Park Board and they looked at this property a lot and saw all kinds of plans. He stated that this plan is new to him and he has some thoughts. Regarding drainage he is concerned that the area is, and will continue to be, filled with junk. He feels that if there is a big rain event, the park will have to be closed. Mr. Rutledge responded that the park will not need to be closed. It is outside the 100-year event. Mr. Adams added a few comments regarding the floodplain area of the park as a passive use area. The active use areas extend to the tree line, but not into the trees although dogs are welcome to go into those areas. Commissioner Sheridan noted that a 42” storm drain pipe empties onto the park in the far northwest corner of the park and depending on the slope the water flow could be significant. Mr. Rutledge responded that when that pipe is built the builder would be required to flatten it out at the bottom so that the velocity of water is slowed by lack of slope. Rip rap could then be installed and used to further slow the velocity of water. The intent is to save the trees – they will be pruned and trimmed – but this is a dog park and the intent is to let the dogs run among the trees and keep the park as natural as possible, including allowing water to come onto the park rather than digging up the ground and trees to install large underground storm drains. Mr. Sheridan asked if a swale to force the water along the northern property line is a possibility, moving the fence inside the rip rap. Mr. Rutledge started to answer Commissioner Sheridan but Councilman Stotts spoke from the podium. “I have a question about that and it is somewhat related Town Council 110 of 136 Meeting Date: November 1, 2010 to that 42-in. and 30-in. drain. So some of the original plans when we were all dreaming about putting the ball fields here we looked at having the 42 and 30 inch drain going together and that would be a ways down which would then remove any concerns about swamp land inside the park. What was the approximate cost per foot to do something like that?” Mr. Rutledge responded that the Corps of Engineers would not allow going past 572 (foot contour), which influenced and changed the direction of the design of the park. A 42-inch pipe is approximately $130 per linear foot. Mr. Rutledge reminded the Commissioners and Council that the construction plans for Neighborhood 7 aren’t designed yet and when they are the applicant will be required to get an easement from the Town to bring the storm drain onto the property and thus the Town will be able to control how that happens. Commissioner Sheridan asked if a detention is possible on the other side. Mr. Rutledge responded that it is not. Councilman Stotts spoke again from the podium. “What is the current acreage for the small and large dog sections? It seems quite a bit larger than what ‘we’ originally proposed.” Those figures were not readily available, but staff will add those figures to the site plan prior to Council. Mr. Stotts stated that there seems to be a lot more fencing which could drive up the costs and he stated that the shape seems “funky”. Mr. Rutledge responded that the terrain and contouring drove the shape of the two areas. Mr. Stotts made several comments about the trees identified on the plans; clarification was given. Mr. Stotts asked if any fields are possible at this park. Mr. Adams stated that none are planned at this park; again, the contouring of this park makes it difficult to add a usable field due to the large flowage easement that is located through a large portion of the middle of the park. Mr. Stotts stated that Balmoral isn’t built yet and he asked how the park will be built and accessed until Balmoral is built. Ms. Huggins responded that staff is in discussion with the developer of Neighborhood 7 to go ahead and build a small portion of Balmoral so that access to the park off of Balmoral is possible. Mr. Stotts asked how access to the Shanklin property is going to be provided. Mr. Rutledge responded that access to the Shanklin property is by the gravel road leading to the gas wells. Mr. Stotts stated that he believed that road would go away with this project. Ms. Huggins responded that portions of it will be realigned around the park site and staff is in discussions with Encana and the developer to improve the dirt road to Gas Well sites 3-H and 15-H, which is also Ms. Shanklin’s access to her property. Mr. Stotts stated that he will have additional comments on the site plan. Chairman Hill asked if there were any further comments or discussion from the Commissioners. There were none and Chairman Hill called for a motion on the preliminary plat. Town Council 111 of 136 Meeting Date: November 1, 2010 Commissioner Sheridan made a motion recommending approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition asking that the gas well site be identified and drainage data chart added for the plats that will be seen by Council. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved Attachments: Application Preliminary Plat (24x36 Hardcopy) (3 sheets) Town Council 112 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 1 1 3 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-584-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (FP-10-038) Attachments:Staff Report - TC - Final Plat.pdf Application - Final Plat.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 114 of 136 Meeting Date: November 1, 2010 File #: 2010-584-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (FP-10-038) Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 115 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. FP-10-038 Final Plat Freedom Park SUBJECT: Discussion and take appropriate action regarding a request for approval of a Final Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (FP-10-038) PURPOSE: The Town of Trophy Club has passed bonds for the construction of various parks within the Town’s limits. Freedom Park is proposed as the Town’s first “Dog Park”. Prior to issuance of a building permit, platting and site plan approval is required. A preliminary plat of this property is on this agenda and requires approval prior to discussion and consideration of this item. CURRENT STATUS: This property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved concept plan. ANALYSIS: The proposed plat indicates a 25’ front yard setback along both street frontages(existing and proposed); additionally, there is a 10’ setback along the eastern and northern property lines. According to the provisions in PD 27, approximately 8.0 acres of this site is located within a flowage easement/100 year floodplain. This area will remain in its natural state. RECOMMENDATION: This plat meets the minimum standards of the final plat requirements as set forth in the Town’s Code of Ordinances. Staff recommends approval. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Town Council 116 of 136 Meeting Date: November 1, 2010 Ms. Huggins stated that this request is for a final plat for Freedom Park, and the gas well site will be identified on the plat copies given to Council. Ms. Huggins stated that the plat meets Town ordinances and Staff recommends approval. Commissioner Sheridan asked if the flowage easement could be shown on the final plat. Mr. Rutledge stated that the flowage easement could be identified on the plat. The gas line easement will be added to the final plat. It was shown on the preliminary plat, but not on the final plat. Commissioner Reed made a motion recommending approval of the Final Plat of Lot 1, Block 1, Freedom Park Addition. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan Nays: None Action: 6-0, Approved Attachments: Application Final Plat (24x36 Hardcopy) Town Council 117 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 1 1 8 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-585-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/15/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding a request for approval of a Site Plan of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). Attachments:Staff Report - TC - Site Plan.pdf Application - Site Plan.pdf Public Hearing Notice - Site Plan 2.pdf Action ByDate Action ResultVer. Planning & Zoning Commission10/21/2010 1 Town Council 119 of 136 Meeting Date: November 1, 2010 File #: 2010-585-T, Version: 1 Title Consider and take appropriate action regarding a request for approval of a Site Plan of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10-013). Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Goal #7: Environmentally Sound Community Initiate Going Green Programs Promote recycling Evaluate environmental health Promote environmentally conscious building standards Develop long term plan for addressing drainage study results Town Council 120 of 136 Meeting Date: November 1, 2010 TOWN COUNCIL STAFF REPORT November 1, 2010 Case No. SP-10-013 Site Plan Freedom Park SUBJECT: Public Hearing, Discussion and take appropriate action regarding a request for approval of a Site Plan for Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP-10- 013) PURPOSE: The Town of Trophy Club has passed bonds for the construction of various parks within the Town’s limits. Freedom Park is proposed as the Town’s first “Dog Park”. Prior to issuance of a building permit, site plan approval is required. CURRENT STATUS: This property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved concept plan. A preliminary plat and final plat are on this agenda and shall receive a recommendation of approval prior to consideration of the site plan. ANALYSIS: There is a 25-ft. front yard setback along both street frontages (existing and proposed); additionally, there is a 10-ft. setback along the eastern and northern property lines. According to the provisions in PD 27, approximately 8.0 acres of this site is located within a flowage easement/100 year floodplain. This area will remain in its natural state. The remaining 8.10 acres is as a Dog Park with a pavilion, restrooms, dog training area, and a dog wash area. This park is separated into two parts - one for a large dog play area and the other is a small dog play area. These areas are separated with a five foot (5’) chain link fence.  The site plan identifies 73 parking spaces and 4 handicapped spaces, which the Parks Director and the Town Engineer have determined to be adequate for this park. Town Council 121 of 136 Meeting Date: November 1, 2010  There is a 5-ft. high chain link fence proposed along the 25-ft. setback along portions of Trophy Park Drive. The fence ordinance states that fencing abutting a public park or other land designated for public use be constructed of ornamental iron. As it pertains to dog runs, the Fence Ordinance allows for chain link fencing with the caveat that no dog run may be seen from the public street. A waiver is requested to allow chain link for the dog park along Trophy Park Drive. It should be noted that there will be street trees planted every 50’ on center along with 25’ of grassy buffer before the five foot fence is erected.  There is a 5-ft. high chain link fence proposed 5-ft. off the property line along Balmoral Drive. Although not specifically stated for parkland, most fencing in PD-27 shall be placed on the building line. Also, as it pertains to dog runs, the Town Fence Ordinance allows for chain link fencing with the caveat that no dog run may be seen from the public street. A waiver is requested to allow the fence along Balmoral to be placed 5-ft. off the property line and that chain link material be allowed.  The fencing along the north side of the property, abutting residential, is chain link, 5-ft. in height. The Town’s fencing regulations require ornamental metal for residential abutting a public park. A waiver is requested for chain link. RECOMMENDATION: The Site Plan meets the standards of planned development district site plan requirements as set forth in the Town’s Code of Ordinances. Staff recommends approval of this site plan, granting a waiver: 1. To allow chain link along Trophy Park Drive, and along the north side of the dog park property abutting residential; 2. To allow the fence along Balmoral to be placed 5-ft. off the property line and that chain link material be allowed. Waivers to Regulations The Town Council of the Town of Trophy Club shall have the ultimate power to grant or reject waivers to the Subdivision Regulations upon receipt of a recommendation from the Planning and Zoning Commission. In granting a waiver, the Town Council shall prescribe conditions that it deems necessary to or desirable in the public interest. The Town Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Town Council shall make findings based upon evidence in each specific case that: Town Council 122 of 136 Meeting Date: November 1, 2010 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of the land; and 2. The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and 3. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4. The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 5. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted Comprehensive Land Use Plan and the provisions of these Regulations. Such findings of the Planning and Zoning Commission and the Town Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Town Council meeting at which such waiver is granted or denied. Waivers may be granted only when in harmony with the general purpose and intent of the adopted Comprehensive Land Use Plan and these Regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship. The Town Council determination shall be final. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this case on October 21, 2010. Motion and comments were as follows: Chairman Hill announced the case and Mr. Adams, Parks and Recreation Director, gave a presentation of the planned development of the park. Commissioner Sheridan stated that this is being paid for by bond money and the Town is maintaining it. Mr. Adams responded that a small portion will be paid for by the Public Improvement District and the rest by bond money and the Town will be maintaining the park. Mr. Sheridan asked if maintenance of this park is already in the budget. Mr. Adams explained that Freedom Park will only have water impact on the current year (FY 10-11) budget. The park will come on-line in the following budget year (2011-12). Mr. Sheridan asked if there would be a tax increase because of it. Mr. Adams stated that he couldn’t answer that question. Commissioner Davidson asked a question regarding fencing. Ms. Huggins explained that a waiver is being requested to use chain link rather than ornamental wrought iron. Commissioner Sheridan asked if the Corps of Town Council 123 of 136 Meeting Date: November 1, 2010 Engineers will allow fencing on the Corps property. Mr. Rutledge responded that the Corps will allow it. Ms. Huggins stated that the Site Plan meets the Town regulations (for site plan approval and PD-27) except in two areas. The first is to allow chain link fencing along Trophy Park Drive, as well as along the north side of the dog park property abutting residential. The second is to allow the fence along Balmoral to be placed 5-ft. off the property line and that chain link material be allowed. Staff recommends approval of the site plan and granting of these two waivers. Commissioner Davidson asked if a masonry fence is required along Trophy Park Drive and Balmoral. Ms. Huggins explained that it is not needed for a park, but is required if fronting a residential neighborhood in PD-27. Councilman Stotts asked for more information for the fencing along Balmoral – how much spacing from the curb to the fence? Mr. Rutledge explained that from the back of curb there will be 4-ft. of grass and a 6-ft. wide sidewalk (all of which is right-of-way). Then the property line begins and by PD-27 regulations, there is a 25-ft. setback and the fence would normally be placed on the building line, 25- ft. from the right-of-way. Staff is asking for a waiver to allow the fence to be placed 5-ft. off the property line. So, there will be back of curb, 4-ft. of grass, 6-ft. of sidewalk, 5-ft. of grass, and then the chain link fencing of Freedom Park. Granting of this waiver will allow an additional 20-ft. of area for the “large dog” fenced yard. Mr. Rutledge explained that the sidewalk won’t be put in until Neighborhood 7 is developed. He explained that it’s practical to wait until Neighborhood 7 is developed so that the sidewalk follows the curve of the street. Mr. Stotts asked for the size of the concrete mow strip under the fence. Mr. Rutledge explained that they are about 12-inches wide and they go about 16 to 18-inches in depth. He stated that with dog parks it is important to have depth so they don’t dig under the fence and so that maintenance is easier. Mr. Stotts asked if the mow strips would go around all the chain link fenced areas. Mr. Rutledge confirmed that they will. Mr. Stotts commented that he believes the chain link waiver is a good idea. He asked if the PID funds were extended. Mr. Adams responded that they are almost done with the PID funds assigned to this park. Mr. Stotts had other questions regarding the PID funds but recognized those were outside the realm of a Planning and Zoning Commission meeting so he will address those in a different forum. Mr. Stotts asked if the bathrooms and the pavilion are alternates. Mr. Adams confirmed that they are alternates. Mr. Stotts asked how the water will be handled through the fence. Mr. Rutledge stated that the fence design incorporates water flow through the fence. The fence will convey the water but keep the dogs separated. Councilman Rose stated that Royal Troon has a masonry wall between the neighborhood and the park. He asked if that is a different standard than what is required here. Ms. Huggins explained that PD-27 requires wrought iron fencing between residential and a park. At the time that Neighborhood 9 was developed, Town Council 124 of 136 Meeting Date: November 1, 2010 the developer requested a waiver to allow a masonry wall to be built to give the residents more privacy from the park. The waiver was granted and the masonry wall was built by the developer (and maintained by the HOA). Councilwoman Cantrell stated that she would prefer to see some other type of fencing, than chain link, along Trophy Park Drive and Balmoral Drive. She asked how many acres are usable areas before the tree line. Mr. Rutledge responded that there is about 10 acres of usable area before the tree line. [The actual acreage of the large dog play area is 4.18 acres and the small dog area is 2.32 acres; total usable area: 8.61 acres.] Ms. Cantrell stated that the total acreage of the park is 16 acres and she wondered what the percentage of usable park is based on the money the Town is putting into it. She also commented that she is very concerned that the pavilion won’t look as good as desired. She stated that she knows it is an option, but she stated that she talked to Mr. Seidel about possible stone faces to the poles to make them look a little dressier. She stated that a lot of money was spent on the ballparks so she’d like to see this one done right. She repeated that she has an issue with chain link fencing along the main roads. There were no further comments and Chairman Hill called for a motion. Commissioner Sheridan made a motion recommending approval of the Site Plan for Freedom Park, disallowing the waivers for chain link fencing. The motion did not receive a second. Commissioner Reed made a motion recommending approval of the Site Plan for Freedom Park and recommending approval of the waivers for chain link fencing along Trophy Park Drive, Balmoral Drive, and along the north side of the dog park abutting residential, and allowing the placement of the east chain link fence along Balmoral to be 5-ft. off the property line. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Davidson, Richert Nays: Sheridan Action: 5-1, Approved PUBLIC HEARING: As required by Ordinance for a site plan, a notice of public hearing was placed in the local newspaper. Attachments: Application Public Hearing Notice Site Plan (24x36 Hardcopy) (6 pages) Town Council 125 of 136 Meeting Date: November 1, 2010 T o w n C o u n c i l 1 2 6 o f 1 3 6 M e e t i n g D a t e : N o v e m b e r 1 , 2 0 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. FROM: Carolyn Huggins RUN DATE: Wednesday, October 6, 2010 NOTICE OF PUBLIC HEARING INDEPENDENCE PARK EAST FREEDOM PARK (DOG PARK) TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, October 21, 2010 TROPHY CLUB TOWN COUNCIL Monday, November 1, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, October 21, 2010, to consider plat/replat and site plan approval of Independence Park East located in the 500 block of Parkview Drive. The park will be developed on vacant land located across the street from Medlin Middle School. Replat and Site Plan approval require a public hearing. Applicant: Town of Trophy Club. At the same meeting, the Planning & Zoning Commission will consider a site plan for a dog park to be located on Lot 1, Block 1, Freedom Park, located in the 2800 Block of Trophy Park Drive. Applicant: Town of Trophy Club. The Town Council will hear these requests on Monday, November 1, 2010. Town Council 127 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-594-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/28/2010 Town Council On agenda:Final action:11/1/2010 Title:Consider and take appropriate action regarding agenda items for the November quarterly Joint Session with TCMUD No. 1. Attachments: Action ByDate Action ResultVer. Town Council 128 of 136 Meeting Date: November 1, 2010 File #: 2010-594-T, Version: 1 Title Consider and take appropriate action regarding agenda items for the November quarterly Joint Session with TCMUD No. 1. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 129 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-556-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/6/2010 Town Council On agenda:Final action:10/18/2010 Title:Staff Update regarding the Roundabout; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 130 of 136 Meeting Date: November 1, 2010 File #: 2010-556-T, Version: 1 Title Staff Update regarding the Roundabout; discussion of same. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Build a premier parks system Attracts visitors to park destinations Provide necessary resources to maintain all improvements, new and existing Town Council 131 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-589-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/26/2010 Town Council On agenda:Final action:11/1/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 132 of 136 Meeting Date: November 1, 2010 File #: 2010-589-T, Version: 1 Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Body - Denton County Mayor's Roundtable Luncheon - Metroport Cities Partnership - Annual TML Conference - Partnership with TCWC - Christ's Haven for Children Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Town Council 133 of 136 Meeting Date: November 1, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-590-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/26/2010 Town Council On agenda:Final action:11/1/2010 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. Town Council 134 of 136 Meeting Date: November 1, 2010 File #: 2010-590-T, Version: 1 Title Items for Future Agendas. Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Town Council 135 of 136 Meeting Date: November 1, 2010 Town of Trophy Club Town Council Future Agenda Items List 1. Item to receive a report from Acting Town Manager regarding an update on the Comprehensive Land Plan. (Edstrom, 10/20/08 & Strother, 10/19/09) 2. Consider and take appropriate action regarding the creation of a Citizen’s Financial Advisory Board. (Rose, 12/7/09) 3. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose, 2/1/10) 4. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 5. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose, 2/1/10) 6. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 7. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 8. Staff update regarding the loop road and a report from the engineer firm hired by the County. (Stotts, 6/21/10) 9. Parks Board to provide a recommendation to the Council regarding recreational amenities fees for recreational amenities. Council discussion and action. (Rose, 9/27/10) A recommendation is tentatively scheduled to come back to the Council on November 15, 2010. 10. Presentation and audit update by David Taussig on the Highlands of Trophy Club PID No. 1. (Rose, 9/27/10) Tentatively scheduled to be presented to the Council on December 6, 2010. 11. Presentation and 10-year plan from Dr. Walker on Trophy Club Park. (Stotts, 10/4/10) 12. Specific proposal from staff regarding the amenity lakes including associated costs to accept the amenity lakes and trail system from the developer. (Stotts, 10/4/10) Town Council 136 of 136 Meeting Date: November 1, 2010