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
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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
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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
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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
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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
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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
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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
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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
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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