HomeMy WebLinkAbout2021 0706Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing July as Parks and Recreation Month. (Council)
Suggested Action:
Attachments:
Park and Recreation Month- July 2021.doc
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Designation of July as Park and Recreation Month
WHEREAS parks and recreation programs are an integral part of communities
throughout this country, including The City of The Colony; and
WHEREAS our parks and recreation are vitally important to establishing and
maintaining the quality of life in our communities, ensuring the health of all citizens, and
contributing to the economic and environmental well-being of a community and region;
and
WHEREAS parks and recreation programs build healthy, active communities that aid in
the prevention of chronic disease, provide therapeutic recreation services for those who
are mentally or physically disabled, and also improve the mental and emotional health
of all citizens; and
WHEREAS parks and recreation programs increase a community’s economic prosperity
through increased property values, expansion of the local tax base, increased tourism,
the attraction and retention of businesses, and crime reduction; and
WHEREAS parks and recreation areas are fundamental to the environmental well-being
of our community; and
WHEREAS parks and natural recreation areas improve water quality, protect
groundwater, prevent flooding, improve the quality of the air we breathe, provide
vegetative buffers to development, and produce habitat for wildlife; and
WHEREAS our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
WHEREAS the U.S. House of Representatives has designated July as Parks and
Recreation Month; and
WHEREAS the City of The Colony recognizes the benefits derived from parks and
recreation resources
NOW THEREFORE, BE IT RESOLVED BY The Colony City Council that July is
recognized as Park and Recreation Month in the City of The Colony, Texas.
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(Add sections for official seal, signature(s) and date.)
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding the installation of cell tower poles and
equipment at the BB Owen Sports Facility. (Hartline)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
Public Information Request Quarterly Reports.pdf
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss future meetings in person versus video conference meetings. (Council)
Suggested Action:
Attachments:
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Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Special Session meeting minutes for June 14, 2021, Regular Session meeting
minutes for June 15, 2021 and Special Session meeting minutes for June 21, 2021. (Stewart)
Suggested Action:
Attachments:
June 14, 2021 DRAFT Board Interview Minutes.doc
June 15, 2021 DRAFT Minutes.docx
June 21, 2021 DRAFT Board Interview Minutes.doc
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
JUNE 14, 2021
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:36 p.m. on the 14
th day of June, 2021, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec Deputy Mayor Pro Tem Absent (Business)
Richard Boyer Mayor Pro Tem Present (arrived at 7:00 p.m.)
Brian Wade Councilmember Present
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember Present (arrived at 7:30 p.m.)
And with 6 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1. Call to Order – Mayor McCourry called the meeting to order at 6:36 p.m.
2. City Council to conduct interviews for appointments to the following advisory board:
Board of Adjustment, Community Development Corporation and Planning and
Zoning Commission
Executive Session was convened at 6:36 p.m.
3. Executive Session:
A. The City Council shall convene into closed executive session pursuant to Section
551.074 of the Texas Government Code to conduct interviews and to deliberate the
appointment, evaluation, reassignment, or duties of the following board members:
Board of Adjustment, Community Development Corporation and Planning and
Zoning Commission
Councilman Boyer arrived at 7:00 p.m.
Councilman Marks arrived at 7:30 p.m.
Regular Session was reconvened at 8:42 p.m.
4. Executive Session Action
A. Any action as a result of executive session regarding the appointment, evaluation,
reassignment, or duties of the following advisory boards:
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Board of Adjustment, Community Development Corporation and Planning and
Zoning Commission
Motion to re-appoint Joshua Knapp to Place 4, Allen Harris to Place 6and appoint Kathy Ray to
Place 5 on the Community Development Corporation Board- Schrag; second by Marks, motion
carried with all ayes.
Motion to re-appoint Gerald Odum toPlace 3onthe Board of Adjustment Advisory Board-Terre;
second by Wade, motion carried with all ayes.
Motion to re-appoint Dan Rainey to Place 4 and Arthel Martin to Place 5 on the Planning and
Zoning Commission Board- Terre; second by Wade, motion carried with all ayes.
5. Adjourn
And with no further business to discuss the meeting was adjourned at 9:00 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
____
Tina Stewart, TRMC, CMC, City Secretary
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
JUNE 15, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 15
th day of June 2021, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Deputy Mayor Pro Tem
Richard Boyer, Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present (arrived at 6:38 p.m.)
Present
Present
Present (arrived at 6:55 p.m.)
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor Chuck Reeves with First Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
Mayor announced that appointments to fill board vacancies would be made during
City Council Special Session on Monday, June 21, 2021.
Councilman Wade arrived at 6:38 p.m.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Receive a presentation and update from Next Steps The Colony.
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City Council – Regular Meeting Agenda
June 15, 2021
Page| 2
Pamela De Santiago with Next Steps of The Colony provided an update on this item
to Council.
3.2 Receive annual update on the Volunteer Assistance and Tool Lending Programs.
Director of Community Relations and Programming, Joe Perez, presented a brief
overview on this item. Community Outreach Officer, Danny Dill, was available to
provide updates to Council.
Councilman Wade Marks at 6:55 p.m.
3.3 Discuss and provide direction to staff regarding food trucks and their hours of
operation within city limits.
Director of Community Relations and Programming, Joe Perez, presented a brief
overview on this item.
3.4 Council to provide direction to staff regarding future agenda items.
Mayor requested a future agenda item concerning a discussion to host all meetings
in person versus meetings via video conference.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Mikulec; second by Schrag, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for June 1,
2021.
4.2 Consider accepting board member Joe McCourry's resignation from the Hotel
Development Corporation, Local Development Corporation and Tax Increment
Reinvestment Zone Number One.
4.3 Consider accepting Danielle Mathews' resignation from the Board of Adjustment.
4.4 Consider approving an ordinance authorizing the City Manager to approve a budget
amendment to increase the approved Fiscal Year 2020-2021 Lake Parks Capital
Improvement fund in the amount of $115,000.00 for the Stewart Creek Park Boat
Ramp Bypass Road project, with funding from the Lake Park Fund.
ORDINANCE NO. 2021-2441
4.5 Consider approving a resolution authorizing the City Manager to execute an
Amendment of Contractor's Contract with RoeschCo Construction, Inc. for the
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City Council – Regular Meeting Agenda
June 15, 2021
Page| 3
Stewart Creek Park Boat Ramp Bypass Road project, in the amount of $129,995.57
with funding from the Lake Parks account.
RESOLUTION NO. 2021-041
5.0 REGULAR AGENDA ITEMS
5.1 Discussion and consideration of all matters incident and related to the issuance and
sale of "City of TheColony, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2021", including the adoption of an ordinance
authoring the issuance of such certificates of obligation.
Motion to table this item to the August 4, 2021 meeting- Terre; second by Boyer, motion carried
with all ayes.
Executive Session was convened at 7:10 p.m.
6.0 EXECUTIVE SESSION
6.1.A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
and Section 551.087 of the Texas Government Code to deliberate commercial or
financial information the City has received from a business prospect, and to
deliberate the offer of a financial or other incentive to a business prospect -
Nebraska Furniture Mart - LMG Ventures, LLC, and TXFM, Inc.
B. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code regarding contemplated litigation,
including commencement of Chapter 54 of the Texas Local Government Code
cause of action, concerning 7413 Water's Edge Court.
C. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial, or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 8:02 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding commercial or financial
information the City has received from a business prospect, and to deliberate the
offer of a financial or other incentive to a business prospect - Nebraska Furniture
Mart - LMG Ventures, LLC, and TXFM, Inc.
No Action
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City Council – Regular Meeting Agenda
June 15, 2021
Page| 4
B. Any action as a result of executive session regarding 7413 Water's Edge Court.
Motion to authorize the City Attorney’s office to file and prosecute a Chapter 54 of the Local
Government Code cause of action or similar proceeding against the owners of 7413 Water’s
Edge Court- Marks; second by Schrag, motion carried with all ayes.
C. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:04 p.m.
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
JUNE 21, 2021
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:30p.m. on the 21st day of June, 2021, at City Hall, 6800 Main Street, The Colony, Texas, with
the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec Deputy Mayor Pro Tem Absent (Business)
Richard Boyer Mayor Pro Tem Present
Brian Wade Councilmember Present
David Terre Councilmember Present
Perry Schrag Councilmember Absent (Business)
Joel Marks Councilmember Present (arrived at 6:55 p.m.)
And with 5 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1. Call to Order – Mayor McCourry called the meeting to order at 6:30 p.m.
2. City Council to conduct interviews for appointments to the following advisory board:
Library, Technologies, Keep The Colony Beautiful, Board of Adjustment,
Economic Development Corporation and Planning and Zoning Commission
Councilman Marks arrived at 6:55 p.m.
Executive Session was convened at 8:20 p.m.
Executive Session:
3. The City Council shall convene into closed executive session pursuant to Section
551.074 of the Texas Government Code to conductinterviews and to deliberate the
appointment, evaluation, reassignment, or duties of the following boardmembers:
Board of Adjustment, Economic Development Corporation and Planning and
Zoning Commission
Regular Session was reconvened at 9:15 p.m.
Executive Session Action
4. Any action as a result of executive session regarding the appointment, evaluation,
reassignment, or duties of the following advisory boards:
Board of Adjustment, Economic Development Corporation and Planning and
Zoning Commission
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Motion to appoint Jacob Evans to Place 4 on the Board of Adjustment Advisory Board- Wade;
second by Boyer, motion carried with all ayes.
Motion to re-appoint Brian Buffington to Place 4 on the Economic Development Corporation
Board- Terre; second by Boyer, motion carried with all ayes.
Motion to appoint Ken Flo to Place 3and Brenda Armour to Place 6on the Planning and Zoning
Commission Board- Wade; second by Boyer, motion carried with all ayes.
5. Discuss and consider the appointment, evaluation, reassignment, or duties of the
following advisory boards:
Library, Technologies and Keep The Colony Beautiful
Motion to re-appoint Judith Hebb toPlace 4, Joanna Krueger to Place 5 and Jade Kelly to Place 6
on the Library Board- Boyer; second by Wade, motion carried with all ayes.
Motion to re-appoint Stephen Hoffman to Place 1, James Ries to Place 2, Robert Michelson to
Place 3 and Jarred Alford to Place 4 on the Technologies Board-Wade; second by Terre, motion
carried with all ayes.
Motion to appoint Christopher Benson to Place 1, Cris Luce to Place 2, Madeline Sertner to Place
3, Jennifer Simmons to Place 4 and Kathy Stewart to Place 5 on the Keep The Colony Beautiful
Board- Marks; second by Wade, motion carried with all ayes.
Adjourn
And with no further business to discuss the meeting was adjourned at 9:50 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
____
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of May 2021. (Council)
Suggested Action:
Attachments:
Counil May Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of
Carrollton for the purchase of goods and services. (Cranford)
Suggested Action:
An interlocal agreement with Carrollton will help the City better utilize vendors in North Texas.
Attachments:
carrollton interlocal agreement.docx
Res. 2021-xxx City of Carrollton Interlocal Agreement.docx
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INTERLOCAL AGREEMENT
This agreement made and entered into this 6th day of July, 2021, by and between the CITY OF
CARROLLTON (hereinafter called "CARROLLTON") and the CITY OF THE COLONY
(hereinafter called "THE COLONY") each acting by and through its duly authorized officials:
WHEREAS, CARROLLTON and THE COLONY are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, CARROLLTON and THE COLONY wish to enter into an Inter-Local Agreement
pursuant to Chapter 791 of the Texas Government Code (hereinafter "Inter-Local Cooperation
Act") to set forth the terms and conditions upon which CARROLLTON and THE COLONY may
purchase various goods and services commonly utilized by each entity;
WHEREAS, participation in an inter-local agreement will be highly beneficial to the taxpayers of
CARROLLTON and THE COLONY through the anticipated savings to be realized and is of mutual
concern to the contracting parties;
WHEREAS, CARROLLTON and THE COLONY have current funds available to satisfy any fees
owed pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and
obligations as set forth herein; CARROLLTON and THE COLONY agree as follows:
1.CARROLLTON and THE COLONY may cooperate in the purchase of various goods and
services commonly utilized by the participants, where available and applicable, and may
participate in and purchase goods and services from vendors under each other’s present
and future purchasing arrangments, bids, proposals and contracts;
2.CARROLLTON and THE COLONY shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such contracts. CARROLLTON and THE COLONY shall
each make their respective payments from current revenues available to the paying party;
3.The Agreement shall be in full force and effect until terminated by either party;
4.Notwithstanding anything herein to the contrary, participation in this Agreement may be
terminated by any party upon thirty (30) days written notice to the other participating
entity(ies);
5.The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials
and possess the requisite authority to execute this Agreement on behalf of the parties
hereto;
6.This Agreement may be executed separately by the participating entities, each of which
shall be deemed an original and all of which together shall constitute one and the same
instrument.
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EXECUTED hereto on the day and year first above written.
CITY OF CARROLLTON CITY OF THE COLONY
Bob Scott, Assistant City Manager Mayor (Or Authorized Designee)
ATTEST:
City Secretary City Secretary
APPROVED AS TO FORM:
____________________________________________________________
City Attorney Attorney
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the 6th day of July, 2021, by of the CITY OF
THE COLONY, TEXAS, a home-rule municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2021,
by of the CITY OF CARROLLTON, TEXAS, a home-rule municipal corporation, on behalf of such
corporation.
Notary Public in and for the
State of Texas
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO APPROVE AN INTERLOCAL AGREEMENT WITH
THE CITY OF CARROLLTON; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to approve an interlocal agreement with the City of Carrollton.
Section 2. That the City Manager or his designee is authorized to approve the interlocal
agreement.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 6th day of July, 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Amendment of Contractor’s
Contract with RoeschCo Construction, Inc. for sidewalk repairs at the Municipal Complex and Bridges Park in
the amount of $100,475.50, with funding from CIP in the amount of $80,447.50 and CDC Fund in the amount of
$20,028.00. (Morgan)
Suggested Action:
Parks & Recreation staff recommends approval of this item.
Attachments:
CC agenda - RoeschCo Contract Amendment #3.pdf
Financial Summary 6-29-21.pdf
Municipal Complex Sidewalk Repair map.pdf
Bridges Park Sidewalk.pdf
C-G Trail - SCP APS - CA#3 - Exhibit A.pdf
Res. 2021-xxx Roeschco Contract Amendment.docx
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Park and Recreation Sidewalk Repairs
City Council July 6, 2021
SUBJECT
Consider approving a resolution authorizing the City Manager to execute an Amendment of Contractor’s
Contract with RoeschCo Construction, Inc. for the sidewalk repairs at park facilities, in the amount of
$100,475.50 with funding from the General Fund and the Community Development Corporation Fund.
HISTORY
Two areas that are in need of sidewalk repairs within the City’s Parks and Facilities have been identified.
The Municipal Complex sidewalk between the staff parking and public parking areas connects the
Community Center and Municipal Building/Rec Center. This area has shifted greatly over time and
needs to be repaired to current standards. The Bridges Park sidewalk is located in the Oncor easement
and over time the sidewalk has been damaged by utility vehicles in the easement servicing the electric
lines.
PURPOSE
The City has contract with RoeschCo Construction for the Cascades/Grandscape Trail and currently have
executed two contract amendments to complete projects that would be difficult to complete
economically since the projects are small. Adding the Sidewalk Repair to RoeschCo’s existing contract
would provide an economy of scale to get this project completed quickly.
The current contract with RoeschCo for the construction of the Cascades/Grandscape Trail project is
$1,313,484.20 and with the previous contract amendments totals $1,517,943.96. The new contract
amendment for the Sidewalk Repairs would bring that total to $1,618,419.46. All changes less than 25%
of the original contract.
RECOMMENDATION
Staff recommends approving a resolution authorizing the City Manager to execute an Amendment of
Contractor’s Contract with RoeschCo Construction, Inc. for the sidewalk repairs at the Municipal
Complex and Bridges Park in the amount of $100,475.50 with funding from the General fund in the
amount of $80,447.50 and CDC fund in the amount of $20,028.00.
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Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount available: $100,475.50
Fund(s) (Name and number):
Fund(s) Number and Account #:
825 and 696-6450-2036 $ 20,028.00
Source of Funds: 2020-2021 Community Development Corporation
650 and 105-650-6424
Source of Funds: 2020-2021 General Fund $ 80,447.50
TOTAL FUNDS AVAILABLE FOR CONTRACT AMENDMENT $ 100,475.50
Total estimated project cost:
$ 1,517,943.96 Total Amended Contract Amount
$ 100,475.50 Total Contract Amendment #3 – Sidewalks Rec Center / Bridges Park
$ 1,618,419.46 Total New Contract Amount
Note:
$ 328,371.05 equals 25% of Original Contract Amount
$ 74,464.19 Contract Amendment #1 – Entry Kiosk Extra Lane
$ 129,995.57 Contract Amendment #2 – Boat Ramp Bypass Road
$ 100,475.50 Contract Amendment #3 – Sidewalks: Rec Center / Bridges Park
$ 304,935.26 Total Increase to original Contract
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Municipal Complex Sidewalk
6/29/2021, 12:15:57 PM
0 0.01 0.020mi
0 0.01 0.020.01 km
1:500
The Colony 85
Bridges Park Sidewalk
6/29/2021, 12:20:18 PM
0 0.01 0.020mi
0 0.01 0.020.01 km
1:500
The Colony 86
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CITY OF THE COLONY
DENTON COUNTY, TEXAS
PARKS AND RECREATION DEPARTMENT
CASCADES/GRANDSCAPE TRAIL
CONTRACT AMENDMENT FORM – EXHIBIT “A”
DATE: June 21, 2021
Contract Amendment No. 3 to the Contract Dated November 17, 2020 between the City of The
Colony (Owner) and RoeschCo Construction, Inc. (Contractor) for sidewalk improvements at the
Colony Municipal Complex and Bridges Park, including; construction staking, mobilization, site
preparation, erosion control, demolition, sidewalks and ramps, parking improvements, and
irrigation.
Pursuant to the provisions of Section 2, Page 1-37, Article 8.13 of the Contract Documents, this
Supplemental Agreement, when fully executed, shall constitute the authority to change the work
of the project as follows, including quantities and total dollars:
Contract Amendment Explanation:
In the course of construction, the City elected to add the Municipal Complex and Bridges Park
Sidewalk Improvements projects to this contract.
Add the Following Bid Items:
Section CA3 – Volume 1 – Bridges Park Sidewalk Replacement Project
Item
No.
Contract
Quantity
Add/Deduct
Quantity
Revised
Quantity
Unit Description and Price in Words Unit
Price
Additional
Cost
CA3-
V1-1
0 1 1 LS Construction Staking, work
fully performed, complete in
place for the sum of Seven
Hundred and Fifty Dollars and
Zero Cents per LS.
$750.00 $750.00
CA3-
V1-2
0 1 1 LS Mobilization, Demobilization,
GC, Insurance, Overhead and
Profit, and Testing, work fully
performed, complete in place for
the sum of Six Thousand Six
Hundred and Seventy-Eight
Dollars and Zero Cents per LS.
$6,678.00 $6,678.00
CA3-
V1-3
0 200 200 SY Solid Sod, furnish and install,
work fully performed, complete
in place for the sum of Seven
Dollars and Zero Cents per SY.
$7.00 $1,400.00
CA3-
V1-4
0 150 150 LF Silt Fence, furnish and install,
work fully performed, complete
in place for the sum of Two
Dollars and Fifty Cents per LF.
$2.50 $375.00
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SUBTOTAL SECTION CA3 – VOLUME 1 – BRIDGES PARK SIDEWALK $20,028.00
REPLACEMENT ITEMS
CA3-
V1-5
0 900 900 SF Remove Existing Sidewalk,
work fully performed, complete
in place for the sum of Two
Dollars and Zero Cents per SF.
$2.00 $1,800.00
CA3-
V1-6
0 1 1 LS Earthwork, furnish and install,
work fully performed, complete
in place for the sum of One
Thousand One Hundred and
Fifty Dollars and Zero Cents
per LS.
$1,150.00 $1,150.00
CA3-
V1-7
0 900 900 SF Sidewalks (4”), furnish and
install, work fully performed,
complete in place for the sum of
Eight Dollars and Seventy-Five
Cents per SF.
$8.75 $7,875.00
Section CA3 – Volume 2 – Municipal Complex ADA Improvements Project
Item
No.
Contract
Quantity
Add/Deduct
Quantity
Revised
Quantity
Unit Description and Price in Words Unit
Price
Additional
Cost
CA3-
V2-1
0 1 1 LS Construction Staking, work
fully performed, complete in
place for the sum of Two
Thousand Dollars and Zero
Cents per LS.
$2,000.00 $2,000.00
CA3-
V2-2
0 1 1 LS Mobilization and General Site
Preparation, work fully
performed, complete in place
for the sum of Twenty Four
Thousand Five Hundred Fifty
Dollars and Zero Cents per LS.
$24,550.00 $24,550.00
CA3-
V2-3
0 565 565 SY Solid Sod, furnish and install,
work fully performed, complete
in place for the sum of Seven
Dollars and Zero Cents per SY.
$7.00 $3,955.00
CA3-
V2-4
0 301 301 LF Silt Fence, furnish and install,
work fully performed, complete
in place for the sum of Two
Dollars and Zero Cents per LF.
$2.00 $602.00
CA3-
V2-5
0 1 1 EA Inlet Protection, furnish and
install, work fully performed,
complete in place for the sum
of Two Hundred Dollars and
Zero Cents per EA.
$200.00 $200.00
CA3-
V2-6
0 3,741 3,741 SF Sawcut and Remove Existing
Concrete Sidewalk and
Flatwork, work fully
performed, complete in place
for the sum of One Dollars and
Fifty Cents per SF.
$1.50 $5,611.50
88
3 of 5
CA3-
V2-7
0 14 14 LF Sawcut and Remove Existing
Concrete Curb and Gutter,
work fully performed, complete
in place for the sum of Twenty
Dollars and Zero Cents per LF.
$20.00 $280.00
CA3-
V2-8
0 63 63 CY Unclassified Excavation,
furnish and install, work fully
performed, complete in place
for the sum of Twenty Five
Dollars and Zero Cents per CY.
$25.00 $1,575.00
CA3-
V2-9
0 54 54 CY Embankment (TXDOT Type
D), furnish and install, work
fully performed, complete in
place for the sum of Nineteen
Dollars and Zero Cents per CY.
$19.00 $1,026.00
CA3-
V2-10
0 2,085 2,085 SF 4-inch thick, 4,000 psi
Portland Cement Reinforced
Concrete Pavement for
Sidewalk, furnish and install,
work fully performed, complete
in place for the sum of Eight
Dollars and Eighty Cents per
SF.
$8.80 $18,348.00
CA3-
V2-11
0 1 1 EA 4-inch thick, 4,000 psi
Portland Cement Reinforced
Concrete Barrier Free Ramp
(Modified Type 1), furnish and
install, work fully performed,
complete in place for the sum
of Two Thousand Dollars and
Zero Cents per EA.
$2,000.00 $2,000.00
CA3-
V2-12
0 2 2 EA 4-inch thick, 4,000 psi
Portland Cement Reinforced
Concrete Barrier Free Ramp
(Modified Type 2), furnish and
install, work fully performed,
complete in place for the sum
of Two Thousand Three
Hundred Fifty Dollars and Zero
Cents per EA.
$2,350.00 $4,700.00
CA3-
V2-13
0 4 4 LF Concrete Curb and Gutter,
furnish and install, work fully
performed, complete in place
for the sum of Twenty Five
Dollars and Zero Cents per LF.
$25.00 $100.00
CA3-
V2-14
0 2 2 EA Remove and Relocate Sign,
work fully performed, complete
in place for the sum of Two
Hundred Dollars and Zero
Cents per EA.
$200.00 $400.00
CA3-
V2-15
0 30 30 EA Furnish and Install Wheel
Stop, furnish and install, work
fully performed, complete in
place for the sum of Seventy
$70.00 $2,100.00
89
4 of 5
SUBTOTAL SECTION CA3 – VOLUME 2 – MUNICIPAL COMPLEX ADA $80,447.50
IMPROVEMENTS ITEMS
TOTAL CONTRACT AMENDMENT NO. 3 $100,475.50
Original Amount of Contract $ 1,313,484.20
Total Amount of Contract Amendment No. 1 $74,464.19
Total Amount of Contract Amendment No. 2 $129,995.57
Total Amount of Contract Amendment No. 3 $100,475.50
Contract Amount after Contract Amendments $1,618,419.46
Requested Additional Number of Calendar Days to Be Considered Prior to the Final Payment
Thirty (30) Calendar Days.
The Contract Start Time and "Notice to Proceed" for this project is December 16, 2020. The
Contract End Time for the project will be no later than January 15, 2021. With approval of
Contract Amendment No. 3 the Contract End Time shal l be amended to no later than August 5,
2021.
Please sign and return this contract amendment to the Engineering Department as soon as
possible so future payments may be processed.
Thank You.
City of The Colony’s offer of proposed change:
BY:
Printed Name: ________________________ Date: _______________
Title:
Dollars and Zero Cents per EA.
CA3-
V2-16
0 1 1 LS Irrigation Adjustments,
furnish and install, work fully
performed, complete in place
for the sum of Five Thousand
Dollars and Zero Cents per LS.
$5,000.00 $5,000.00
CA3-
V2-17
0 4 4 EA Electrical Adjustment
Allowance, furnish and install,
work fully performed, complete
in place for the sum of Two
Thousand Dollars and Zero
Cents per EA.
$2,000.00 $8,000.00
90
5 of 5
Contractor: RoeschCo Construction, Inc.
BY: ________________________________ Date: _______________
Printed Name:
Title:
Engineer: Halff Associates, Inc.
BY: ________________________________ Date: _______________
Printed Name: Jacob T. Hays, P.E.
Title: Project Manager
June 21, 2021
Digitally signed by Jacob T Hays
DN: cn=Jacob T Hays, c=US,
o=Halff Associaties, Inc,
email=Jhays@halff.com
Date: 2021.06.21 14:55:11 -05'00'
Jacob T
Hays
91
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 -_______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO APPROVE AN AMENDMENT OF CONTRACTOR’S
CONTRACT WITH ROESCHCO FOR SIDEWALK REPAIRS AT THE
MUNICIPAL COMPLEX AND BRIDGES PARK; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to approve an amendment contract with RoeschCo Construction in the
amount of $100,475.50 for sidewalk repairs at the Municipal Complex and Bridges Park.
Section 2. That the City Manager or his designee is authorized to approve the agreement.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 6th day of July, 2021.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
/s/Jeff Moore, City Attorney
92
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development District
23 (PD-23) by granting a change in zoning from PD-23 Tract 1 to PD-23 Tract 1A on approximately 23.866
acres of property located north of Lebanon Road and west of Scotty's Lake Lane; adopting development
standards for PD-23 Tract 1A for a single-family rental (multi-family "greencourt") community; amending
development standards for the undeveloped area within Tract 1; and providing an updated tract map for PD-23
consistent with all prior amendments to PD-23. The subject site is located at the northwest intersection of
Lebanon Road and Scotty’s Lake Lane (The Tribute) and is within the Planned Development District 23 (PD-23)
zoning district. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
CC Staff Report PDA20-0004 PD23 BB Living Amendment (final).doc
PDA20-0004.pdf
BB Living PD Amendment Narrative 04.20.21.pdf
Ord. 2021-xxxx PD23-Multifamily Greencourt Amendments.DOCX
93
Page 1
CITY COUNCIL REPORT
AGENDA DATE:July 6, 2021
DEPARTMENT:Development Services Department
SUBJECT –PDA20-0004 PD 23 BB Living at the Tribute
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development District 23 (PD-23) by granting a change in zoning from PD-23 Tract 1 to PD-23
Tract 1A on approximately 23.866 acres of property located north of Lebanon Road and west of
Scotty's Lake Lane; adopting development standards for PD-23 Tract 1A for a single-family rental
(multi-family "greencourt") community; amending development standards for the undeveloped
area within Tract 1; and providing an updated tract map for PD-23 consistent with all prior
amendments to PD-23. The subject site is located at the northwest intersection of Lebanon Road
and Scotty’s Lake Lane (The Tribute) and is within the Planned Development District 23 (PD-23)
zoning district.
APPLICANT/OWNER
Owner:Tomfrim Tribute, LP Lewisville, TX
Applicant:BBLiving Scottsdale, AZ
EXISTING CONDITION OF PROPERTY
The subject site is currently an approximately 23.866 acre tract of undeveloped land within the
Tribute West portion PD 23 of the Tribute master planned community the developing community
with residential single-family subdivision, golf course and other common area amenities.
ADJACENT ZONING AND LAND USE
North - Planned Development-23 The Tribute (undeveloped)
South - Planned Development-18 The Tribute (Stonehaven)
East-Planned Development-23 The Tribute (Strike Middle School)
West-Planned Development-23 The Tribute (Westbury)
PROPOSED REQUEST
The applicant requests amendments the Planned Development-23 Ordinance to modify, and
provide updates to the permitted land uses within Tract 1 of the overall development.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) has no objection to the proposed amendment.
PREVIOUS ACTION
On June, 22 the Planning and Zoning Commission voted (7-0) to recommend approval of the
proposed amendments.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Planned Development-23 Ordinance amendment with site and building layout
illustrations (ordinance attachments)
4. Project narrative
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Page 2
Land Use Analysis
The subject is part of a larger section of the overall development of “Tribute West” (PD-23)
identified as “Tract 1.” The original Tribute West PD (ordinance no. 09-1802) identified 3 tracts;
“Tract 2” contained the large majority of residential development, “Tract 3” reflected the intent to
establish a “town center” and the aforementioned “Tract 1” offered a mix of traditional residential
and nonresidential development. “Tract 1” reflected the intent to develop as a “commercial center”
located at the entry of the PD District. Uses within “Tract 1” include commercial uses, retail,
restaurants, offices, and similar uses; multi-family development had been contemplated in either
garden or mid-rise configurations.
In 2015, Ordinance no. 2015-2176 introduced an illustrative conceptual map that began to refine
the development intents of residential and nonresidential sections of the community. This map
reflects development intents of the tracts within the community and identifies the individual
villages, phases, lots and conceptual entitlements of future development. The conceptual map
reflects “Tract 1” to be mixed use and includes Town Center development (recent amendments
further reflect updates including the development of the Strike Middle School and the Westbury
Phase 4; these amendments are within the boundary of “Tract 1.”) Although Exhibit C of
Ordinance no. 09-1802 is recognized as the official land allocation reflection this illustrative map
and subsequent amendments thereto have ultimately become an integral representation of the
overall development and companionate to the Tribute West tract map and Ordinance no. 09-1802.
The proposed request reflects the intent to modify the use allocations within a 23.866 acre area of
"Tract 1” (Tract 1A) to accommodate the development of 166 single-family rental units. The
development is aesthetically similar to a traditional single-family detached community with the
distinction that all units reside on a single lot of record; traditional single-family detached
communities typically offer lots of record containing individual dwelling units for owner
occupation.
The application narrative states that the “project should have the character of a traditional, single
–family neighborhood.”The development will contain “many of the design elements and
architectural styles found in the Tribute’s for-sale villages so that the aesthetics in the new
development are seamless when viewed in comparison to other neighborhoods within the larger
community.”
The units will range between 1,800 and 2,450 square feet and is laid out in a traditional single-
family configuration with a mix of three and four bedroom floor plans with rear accessed attached
two-car garages. Notable elements of the development include amenity areas, internal and
perimeter walking paths, water features, mews units and courtyards. Access is provided by private
internal streets that will connect to Lebanon Road and the future Bankside Lane (no access is
provided to Scotty’s Lake Lane).
No individual lots exist within the development, therefore minimum distances (setbacks) are
established between each unit and the private drives. While the unit side yards are consistent with
some residential development types, the rear setbacks are contrary to typical single-family
developments and are setback as shallow as three (3’) feet from the rear access aisle (alley). A
traditional single-family dwelling with rear access typically features a rear setback deep enough to
accommodate vehicle parking on the garage approach. A three-foot setback would not
95
Page 3
accommodate tandem or parallel parking without encroaching into the rear access aisle.
Accordingly, the applicant has stated that occupants are required to park in the garages or assigned
spaces in designated areas. Further, the rear access aisles are widened to thirty-one (31’) feet in
most sections to accommodate emergency response vehicles and temporary parking adjacent to the
unit. Parking restrictions will be addressed by the development’s property management group.
Adjacent to the single-family rental development will be a commercial node at the southwest
intersection of Lebanon and (future) Bankside Lane. This commercial area contains approximately
four (4) acres; a minimum of twenty (20) acres were dedicated for commercial development within
this portion of the community. The applicant indicates the proposed single-family rental
development necessitates the reduction of commercial acreage and suggests the reduced
commercial is in response to a combination of market demand and the established commercial
node at the intersection of Lebanon Road and Main Street. Also that the revised area of commercial
acreage is a more appropriate scale of development considering the major intersection (Lebanon
and Main Street) accommodates the majority of traffic, and is located nearly a mile away. The
applicant presented that the development of the LEISD Strike Middle School had an effect on
commercial development as the twenty-six (26) acres for the middle school development was “a
more compatible development vision for this section of the Tribute.”
At this time no development plans are have been provided for the approximately four (4) acres at
this time.
The proposed Planned Development amendment addresses the modification and definition updates
to the permitted land uses within Tract 1 of the overall development.
The following reflects the proposed changes to PD-23:
Development Standards for Tract 1A
Tract 1A shall permit, but shall not require, a multi-family (greencourt) use. Tract 1A shall be
governed by (a) the development standards for Tract 1 set forth in Exhibit "C" to Ordinance No.
09-1802; (b) the provisions of subsequent ordinances amending Ordinance No. 09-1802 that are
applicable to Tract 1 or generally applicable to all of the property located within PD-23; and (c)
the following regulations, which are applicable only to a multi-family (greencourt) use on Tract
1A:
1. Section 2.1(a) is amended to read as follows:
"Multi-family (garden): Any multi-family use that is not defined herein as a multi-family
(mid-rise) or a multi-family (greencourt) use."
2. Section 2.1 is amended to add a new subsection (c) to read as follows:
96
Page 4
"Multi-family (greencourt): A multi-family use consisting of three or more dwelling units
located on one lot and for which no individual building contains more than one unit. This
use is intended to resemble a traditional single-family neighborhood but is not to be platted
as a traditional single-family neighborhood."
3. Section 2 is amended to add a new subsection 2.2.1 to read as follows:
"2.2.1 Tract 1A.
(a)Purpose. The purpose of Tract 1A is to allow flexibility to develop Tract
1A with a multi-family (greencourt) use.
(b)Permitted Uses. Permitteduses in Tract1Ashall includealluses authorized
in Tract 1 as of the date of adoption of this Ordinance, with the following additional use
permitted by right:
(i)Multi-family (greencourt)."
4. Section 2.5 is amended to add a new subsection (f-1) to read as follows:
"Multi-family (Greencourt). Multi-family (greencourt) uses shall be developed in
accordance with the provisions of the MF-1 zoning district regulations set forth in the
Zoning Ordinance, except as otherwise provided herein. At least fifteen percent (15%) of
a lot developed with this use, inclusive of any detention areas, shall be reserved and
maintained as open space. A maximum of 180 multi-family (greencourt) dwelling units
are permitted within Tract 1A, but shall not be limited by the overall restriction on the
number of dwelling units within PD-23 as set forth below in Section 2.5(h). The
architectural design of multi-family (greencourt) uses shall be generally consistent with
the elevations and materials package illustrated on Exhibit D, and shall comply with the
product mix shown on Exhibit D. The Director of Planning may approve minor
amendments to Exhibit D provided such amendments further the purposes of Exhibit D to
require a diverse product mix and high quality architecture. Garages shall be a minimum
of 440 square feet to provide for a residents’ storage needs."
5. Section 2.8, is amended to add the following Table 1A that shall apply to a multi-family
(greencourt) use, and the minimum building setbacks illustrated below shall be the exclusive
setbacks applicable to Tract 1A. Table 1 of PD-23 shall not apply to a multi-family
(greencourt) use.
97
Page 5
The setback requirements regulating the development of individual structures within Tract 1A shall
be governed by the illustrations shown on the Setback Illustrations (Exhibit D).
98
Page 6
99
Page 7
6. Section 2.11 is amended to add a new subsection 2.11.1 to read as follows:
"Parking. Required guest parking for the multi-family (greencourt) use may be parallel spaces
that are at least 8 feet in width and 20 feet in length. Parallel parking spaces are permitted on
private streets. Guest parking spaces may be located outside of the leased areaof a multi-family
(greencourt) dwelling unit. Parking is prohibited on private mews and private drives."
Concept Plan 1A, Front Elevations, and Street Sections for Multifamily (Greencourt) Use on
Tract 1A
100
Page 8
101
Page 9
102
Page 10
103
Page 11
104
Page 12
Amended Development Standards for Tract 1
1
Notwithstanding Section 2.6 or any other requirement of Ordinance 09-1802, as amended, a
minimum of four acres within Tract 1 shall be developed with non-residential uses that may
include, but are not required to include, multi-family uses above the first floor.
105
NOTIFICATION
A notice of public hearing was published in the local newspaper on June 18, 2021 a minimum of
fifteen (15) days prior to the public hearing. The Zoning Ordinance also requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Public Hearing notices were mailed on June 18, 2021 to adjacent
property owners.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) has no objection to the proposed amendment.
PLANNING AND ZONING COMMISSION RECOMMENDATION
On June, 22 the Planning and Zoning Commission voted (7-0) to recommend approval of the
proposed amendments.
106
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This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project N o. PDA 20-0004 - Project Name: PD2 3 BB Living at Tribute
Subject Area
Sub ject Area
BB Living - Trib ute
Agricultu ral
Business Park
Business Park/I ndustrial
Duplex Dwelling
General Retail
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Service
Office Di strict 1
Pla nned Development
Shopp ing Ce nter
Sin gle Fam ily Dwelling
Townh ome
107
4832-0721-3003v.3 64221-2 10/1/2020
Owner’s Request to Amend PD-23
and
Introduction of BB Living at The Tribute
The purpose of this request is to update the Owner’s vision for Tract 1 in the 2009 Planned
Development-23 (“PD-23”) that will allow for the reduction in “commercial center” uses from 20
acres to four acres and to introduce an innovative new single-family product in a rental format.
The new residential village (the “Project”) would be situated on approximately 23.8 acres
of land located in the northwest corner of Lebanon Road and Scotty’s Lake Lane (the “Property”)
and would be developed by BB Living/Toll Brother s (the “Applicant”). It is the Owner’s plan for
the remainder of Tract 1 to include four acres of commercial and the balance as residential.
Tract 1 is currently surrounded by the zoning in PD-23 and PD-18 where uses include
single-family to the south and west Lowell H. Strike Middle School to the east and Corps property
adjacent to Lake Lewisville to the north. Current zoning on Tract 1, which includes the Property,
is Mixed Use which allows commercial and residential uses, including two forms of multifamily:
mid-rise and garden.
Request for a Reduction in Commercial Acreage
PD-23 originally envisioned Tract 1with a very dense multi-family core in conjunction
with the 20 acres of commercial land. The Owner’s thinking and views about the property have
adjusted to better align with today’s market realities and the development of Strike Middle School.
As a result, a request is being made to reduce the commercial use from 20 acres to four acres.
With the significant amount of commercial development at the Lebanon/423 intersection
Tract 1 is no longer suited for a 20-acre “commercial center” with retail, restaurant, MF and office.
Being tucked over a mile away from a major intersection with significantly more vehicular traffic,
a more appropriate level of commercial use is being proposed.
In 2018 LEISD purchased a 26-acre tract from the Owner for its new middle school,
which opened in August of 2020. At that time, it was felt that a middle school was more
compatible with the current development vision for this section of The Tribute versus the
original commercial acreage designation that was believed to be a good conceptual designation
in 2009. Additionally, the three-acre site across from the middle school on the south side of
Lebanon once contemplated for commercial use has been designated as the future location for
the new City of The Colony Fire Station, as this is also believed to be a better use for this parcel.
The Owner has come to realize that any neighborhood commercial in The Tribute would
be best situated near the high density and hotel sites where those uses can be assembled with
other commercial uses, both existing and proposed (hotel, high density, and golf). This
108
4832-0721-3003v.3 64221-2 10/1/2020
relocation makes more sense from a clustering perspective and presents an opportunity to create
a vibrant and sustainable neighborhood commercial node.
Request for a New Multifamily (greencourt) Development Standard
This request seeks to establish a new, Tract 1A within PD-23 and establish development
standards for and define a new multi-family use, i.e., Multifamily (greencourt), to better align with
the unique aspects of the “single family rental,” form of multifamily development. In addition,
the Applicant’s request includes a binding Concept Plan and Street Sections that provide certainty
with respect to the future development of the Project.
The community, which will consist of 166 dwelling units, is classified as multi-family from
a zoning perspective as all the units will be located on a single platted lot, however, the Applicant’s
philosophy is that the community will have the character of a traditional, single-family
neighborhood This strategy will be accomplished by a thoughtful layout (site plan)that
incorporates typical elements of well-planned neighborhoods and communities as well as building
single-family detached units with three (3) and four (4) bedroom floor plans, all with attached,
two-car garages. The Applicant plans to incorporate the design elements and architectural styles
found in The Tribute’s for-sale villages so that the aesthetics in this new development are seamless
when viewed in comparison to other neighborhoods within the larger community. This
development type has come to be known in the market as “single-family rental” and it is becoming
more and more common in master planned communities across the country, and specifically here
in the Metroplex, though the product Type, density and quality can vary greatly. BB Living has
the strongest track record in the single-family rental industry of developing and operating these
communities in master planned communities across the country.
Compared with the existing multifamily entitlements in PD-23 which permits 700 units of
Multi-family (mid-rise) at up to 60 units per acre, the proposed density of the Project is a minimal
seven units per acre with 166 detached dwelling units. Consequently, this request does not seek
additional multi-family units over what is currently allowed and actually proposes a density that
is well below current entitlements. In addition to a centrally located and well-appointed amenity
center located on approximately 1.3 acres, the Community will provide a secondary community
amenity area comprised of an additional 0.8 acres of open space for resident use. Along the
perimeter of the Property, an 11.5’ parkway is provided in the right-of-way between the edge of
pavement and the property line of the village, followed by a tree-lined, 20-foot landscape buffer
located within the property, resulting in over 30 feet of buffer between the street pavement and the
yards of the dwelling units along Scotty’s Lake Lane. Access to the Property is provided from
Lebanon Road and future Bankside Lane. In an effort to promote better traffic flow and to be
sensitive to the needs of the middle school, no access is proposed along future Scotty’s Lake Lane.
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4832-0721-3003v.3 64221-2 10/1/2020
The homes in the village will range from 1,800 square feet to 2,450 square feet with three
and four bedrooms in a mix of single story and two-story detached homes appealing to diverse
home living. Front porches and front doors face onto private streets, or on to pedestrian oriented,
landscaped green courts. Each home has an attached private two car garage accessed off a private
alley. This rear-entry format separates vehicular traffic and the pedestrians while displaying the
wonderful benefit of aesthetic architecture facing the streets without garage doors. Private yards
are provided for each home connected to the great room of the floor plan, providing for the coveted
outdoor living not often seen in higher density living.
Although this site will not be a part of The Tribute Owner’s Association, a variety of
existing Tribute architectural styles will be provided including European Eclectic, English Cottage
and English Tudor and Colonial. These styles bring a range of textures, patterns, and colors
through the use different materials which will primarily be brick and stone conveying a sense of
pride in each home’s individuality to its residents. While the styles and materials are distinctive,
together they create a harmonious village scheme. These varied architectural styles with alley
accessed garages and single story and two-story elevations will create a village with visibly rich
character.
In keeping with the Scottish-inspired landscape, the single-family rental plans will be
seamless with the overall development to include trees, shrubs and grasses as well as retaining
walls and trails. The plans will be prepared by TBG and in keeping with the community’s existing
landscape and hardscape architecture installations, including an eight-foot-wide hiking trail that
will be part of the link between the Tower entryway landmark and Strike Middle School. These
features will add to the already robust landscape, hardscape, and public trail system throughout
The Tribute.
The village will also include a variety of village centric amenities, such as an exclusive
resort style swimming pool & spa, Pickleball courts, architectural shade pavilions, outdoor kitchen
areas with grilling stations, open function lawns for resident use and a gathering pavilion
overlooking lake amenity. The community is also planned with a vigorous landscape treatment
consisting of large canopy trees, native grasses and wildflowers. All building maintenance,
amenities and landscaping will be maintained by BB Living.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 – ________
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE
CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PLANNED
DEVELOPMENT-23 ("PD-23") (TRACT 1) TO PD-23 (TRACT 1A) ON
APPROXIMATELY 23.866 ACRES OF PROPERTY LOCATED NORTH
OF LEBANON ROAD AND WEST OF SCOTTY'S LAKE LANE;
ADOPTING DEVELOPMENT STANDARDS FOR TRACT 1A;
AMENDING DEVELOPMENT STANDARDS FOR A PORTION OF
TRACT 1; PROVIDING AN UPDATED TRACT MAP FOR PD 23;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00)FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the applicant seeks an amendment to PD-23 to create a new Tract 1A
containing approximately 23.866 acres of property located within Tract 1 and more particularly
described on the attached Exhibit A (the "Property"), which is planned for a multi-family
(greencourt)residential use in accordancewith thedevelopment standards, conceptplan,and street
sections attached hereto; and
WHEREAS, this amendment creates a new Tract 1A that can be developed in accordance
with the standards for Tract 1, as well as with a multi-family (greencourt) use that is subject to the
new provisions in this Ordinance; and
WHEREAS,in additionto creatinganewTract 1Aout ofaportionofTract 1,thepurposes
of this amendment are to (a) provide an updated tract map and legal description for PD-23 that
reflect all of the prior amendments to PD-23; and (b) reduce the minimum commercial acreage
required for the undeveloped mixed use area in Tract 1 described on Exhibit A; and
WHEREAS, when the City Council adopted Ordinance 09-1823, the City intended that
the 40.29-acre tract of land described therein would be made a part of Tract 1 of PD-23; however,
Ordinance 09-1823 did not expressly include such land in Tract 1; and
WHEREAS, this Ordinance clarifies that the 40.29-acre tract of land described in
Ordinance 09-1823 is part of Tract 1 and that the 4.872 acres described in Ordinance 09-1824 is
part of Tract 1; and
WHEREAS, an updated tract map for PD-23 is attached as Exhibit B that shows Tract 1A
and incorporates the 40.29 and 4.872 acre tracts of land into Tract 1; and
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WHEREAS, the applicant seeks to reduce the minimum commercial acreage for the
undeveloped portion of Tract 1 described on Exhibit A from 20 acres to four acres; and
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of the Colony, Texas (the "Zoning Ordinance"),
have given the requisite notices by publication and otherwise, and after holding due hearings and
affording a full and fair hearing to all property owners generally, and to all persons interested and
situated in the affected area and in the vicinity thereof, the said governing body is of the opinion
that Zoning Application No. Z should be approved, and in the exercise of legislative discretion
have concluded that the Zoning Ordinance and Map should be so amended.
NOW,THEREFORE,BE ITORDAINEDBY THE CITYCOUNCILOFTHE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Zoning Ordinance and Official Zoning Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in zoning on the 23.866-acre
Property from PD-23 (Tract 1) to PD-23 (Tract 1A).
SECTION 2. That the tract boundaries and map attached to Ordinance No. 09-1802 are
hereby amended as shown on the map on Exhibit B to reflect the correct boundaries of each tract
within PD 23.
SECTION 3.That Tract 1A, if developed with a multi-family (greencourt) use, shall be
governed by the development standards attached as Exhibit C and the Concept Plan 1A, Front
Elevations, and Street Sections attached as Exhibit D (the "Concept Plan"). If Tract 1A is
developed with a multi-family (greencourt) use, the Concept Plan replaces the development plans
for PD-23 approved by prior ordinances as they relate to Tract 1A. The Director of Planning may
approve minor amendments to the Concept Plan provided such amendments do not increase the
number of dwelling units permitted in Tract 1A, as shown on the Exhibit D attached to this
ordinance, and the amendments otherwise comply with all applicable regulations.
SECTION 4.That the development standards for the undeveloped portion of Tract 1
described on Exhibit A are hereby amended as shown on Exhibit E attached hereto and
incorporated herein for all purposes.
SECTION 5.That the metes and bounds description on Exhibit F reflects the correct
boundaries of the overall area located within PD 23.
SECTION 6. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other
provisions not in conflictwith the provisions of this ordinanceshall remain in full forceand effect.
SECTION 7. That all exhibits referenced above in this ordinance are attached hereto and
incorporated herein for all purposes.
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SECTION 8. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Zoning
Ordinance as a whole.
SECTION 9.An offense committed beforethe effective date of this ordinanceis governed
by prior law and the provisions of the Zoning Ordinance, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 10. That any person, firm or corporation violating any of the provisions orterms
of this ordinance shall be subject to the same penalty as provided for in the Zoning Ordinance, as
heretofore amended, and upon conviction shall be punished by a fine not to exceedthe sum of Two
Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall
continue shall be deemed to constitute a separate offense.
SECTION 11. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 6
th day
of July, 2021.
APPROVED:
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, Attorney
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Tract 1A Legal Description:
EXHIBIT A
Legal Descriptions
Being a parcel of land located in the City of The Colony, Denton County, Texas, and being a part
of the B.B.B. & C.R.R. Survey, Abstract Number 179, and being a part of that called Tract IV
described in deed to TOMFRIM TRIBUTE, LP as recorded in Document Number 2019-129296,
Official Public Records of Denton County, Texas, and being further described as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found for corner in the
south line of said Tract IV, said point also being at the intersection of the north right-of-way line
of Lebanon Road (a variable width right-of-way) and west right-of-way line of Scotty’s Lake
Lane as recorded in Document Number 2019-67, Official Public Records of Denton County,
Texas;
THENCE along the north right-of-way line of Lebanon as follows:
South 89 degrees 14 minutes 08 seconds West, 460.63 feet to a point for corner;
Southwesterly, 134.15 feet along a curve to the left having a central angle of 04 degrees
34 minutes 47 seconds, a radius of 1,678.35 feet, a tangent of 67.11 feet, and whose chord bears
South 86 degrees 54 minutes 53 seconds West, 134.11 feet to a point for corner;
THENCE North 05 degrees 24 minutes 02 seconds West, 269.37 feet to a point for corner;
THENCE South 89 degrees 09 minutes 15 seconds West, 188.77 feet to a point for corner;
THENCE South 72 degrees 30 minutes 37 seconds West, 327.65 feet to a point for corner;
THENCE South 63 degrees 11 minutes 50 seconds West, 169.41 feet to a point for corner;
THENCE North 26 degrees 48 minutes 10 seconds West, 381.24 feet to a point for corner;
THENCE Northwesterly, 25.03 feet along a curve to the left having a central angle of 02 degrees
33 minutes 39 seconds, a radius of 560.00 feet, a tangent of 12.52 feet and whose chord bears
North 28 degrees 04 minutes 59 seconds West, 25.03 feet to a point for corner;
THENCE North 29 degrees 21 minutes 48 seconds West, 131.53 feet to a point for corner;
THENCE North 15 degrees 38 minutes 12 seconds East, 21.21 feet to a point for corner;
THENCE North 60 degrees 38 minutes 12 seconds East, 174.66 feet to a point for corner;
THENCE Northeasterly, 102.97 feet along a curve to the right having a central angle of 11
degrees 47 minutes 57 seconds, a radius of 500.00 feet, a tangent of 51.67 feet and whose chord
bears North 66 degrees 32 minutes 10 seconds East, 102.78 feet to a point for corner;
THENCE North 72 degrees 26 minutes 08 seconds East, 756.95 feet to a point for corner;
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THENCE Southeasterly, 501.19 feet along a curve to the right having a central angle of 65
degrees 15 minutes 48 seconds, a radius of 440.00 feet, a tangent of 281.73 feet and whose chord
bears South 74 degrees 55 minutes 57 seconds East, 474.53 feet to a point for corner;
THENCE South 42 degrees 18 minutes 03 seconds East, 5.00 feet to point for corner in the west
right-of-way line of Scotty’s Lake Lane;
THENCE along the west right-of-way line of Scotty’s Lake Lane as follows:
Southeasterly, 286.36 feet along a curve to the right having a central angle of 41 degrees
32 minutes 12 seconds, a radius of 395.00 feet, a tangent of 149.80 feet, and whose chord bears
South 21 degrees 31 minutes 57 seconds East, 280.13 feet to a point for corner;
South 00 degrees 45 minutes 52 seconds East, 516.67 feet to a point for corner;
South 44 degrees 14 minutes 08 seconds West, 35.36 feet to the POINT OF
BEGINNING and containing 1,039,593 square feet or 23.866 acres of land.
This document was prepared under 22 TAC 663.23, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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Tract 1 – Remaining Undeveloped Mixed Use Area (All of Tract 1 Minus
Developed School District Site):
Being a parcel of land located in the City of The Colony, Denton County, Texas, and being a part
of the B.B.B. & C.R.R. Survey, Abstract Number 179, and being a part of the B.B.B. & C.R.R.
Survey, Abstract Number 182, Richard G. Dunlap Survey, and being a part of that called Tract
IV described in deed to TOMFRIM TRIBUTE, LP as recorded in Document Number 2019-
129296, Official Public Records of Denton County, Texas, and being all of that called 0.009 acre
tract of land described in deed to TOMFRIM TRIBUTE, LP as recorded in Document Number
2020-58463, Official Public Records of Denton County, Texas, being a part of that called 44.155
acre tract of land described in deed to TP Westbury IV, LLC as recorded in Document Number
2020-68455, Official Public Records of Denton County, Texas and also being all of Scotty’s
Lake Lane as recorded in Document Number 2019-67, Official Public Records of Denton
County, Texas and being further described as follows:
BEGINNING at an “X” found on concrete sidewalk at the southeast corner of Lot 1, Block A,
School Site, as recorded in Document Number 2019-196, said point being the southwest corner
of Lot 32, Block L, The Shores at Waterstone Phase 2, an addition to the City of Frisco as
recorded in Document Number 2013-4, Denton County Plat Records, said point also being in the
north right of way line of Lebanon Road (a variable width right-of-way);
THENCE South 00 degrees 18 minutes 43 seconds East, 60.00 feet to a point for corner in the
approximate centerline of Lebanon Road;
THENCE along the approximate centerline of Lebanon Road as follows:
South 89 degrees 14 minutes 08 seconds West, 1321.94 feet to a point for corner;
Southwesterly, 558.62 feet along a curve to the left, having a central angle of 19 degrees
46 minutes 38 seconds, a radius of 1618.35 feet, a tangent of 282.12 feet, and whose chord bears
South 79 degrees 18 minutes 58 seconds West, 555.85 feet to a point for corner;
THENCE South 88 degrees 52 minutes 33 seconds West, 566.22 feet to a point for corner;
THENCE North 22 degrees 47 minutes 35 seconds West, 429.52 feet to a point for corner;
THENCE Northwesterly, 150.35 feet along a curve to the right having a central angle of 36
degrees 39 minutes 29 seconds, a radius of 235.00 feet, a tangent of 77.85 feet, a chord who
bears North 04 degrees 27 minutes 50 seconds West, 147.80 feet to a point for corner;
THENCE North 76 degrees 12 minutes 38 seconds West, 50.00 feet to a point for corner;
THENCE Northeasterly, 75.11 feet along a curve to the right having a central angle of 15
degrees 21 minutes 14 seconds, a radius of 280.28 feet, a tangent of 37.78 feet, a chord who
bears North 21 degrees 24 minutes 17 seconds East, 74.88 feet to a point for corner;
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THENCE North 60 degrees 51 minutes 03 seconds West, 265.84 feet to a to a 4 inch pipe post
found for corner, said point being the west corner of said Tract IV, said point also being in the
southeast line of Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the northwest line of said Tract IV and along the southeast line of Garza-Little
Elm Dam and Reservoir (Lake Lewisville) as follows:
North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe post found
for corner;
North 09 degrees 43 minutes 33 seconds West, 105.85 feet to a four inch pipe post found
for corner;
North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe post found
for corner;
South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe post found
for corner;
North 06 degrees 45 minutes 37 seconds East, 122.83 feet to a four inch pipe post found
for corner;
North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of Engineer
monument found for corner;
North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of Engineer
monument found for corner, said point being the north corner of said Tract IV;
THENCE along the northeast line of said Tract IV and continuing along the southeast line of
Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of Engineer
monument found for corner;
South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe post found
for corner;
South 24 degrees 02 minutes 41 seconds West, 30.84 feet to a four inch pipe post found
for corner;
South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe post found
for corner;
South 56 degrees 34 minutes 06 seconds East, 24.94 feet to a four inch pipe post found
for corner;
North 57 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe post found
for corner;
South 52 degrees 16 minutes 45 seconds East, 776.04 feet to a Corp of Engineer
monument stamped “G632-1-16” found for corner, said point being in the west line of said Lot 1,
Block A, School Site;
THENCE along the West line of said Lot 1, Block A, School Site as follows:
South 32 degrees 17 minutes 59 seconds West, 273.13 feet to a point for corner;
South 47 degrees 41 minutes 57 seconds West, 88.09 feet to a point for corner;
Southeasterly, 329.85 feet along a curve to the right having a central angle of 41 degrees
32 minutes 12 seconds, a radius of 455.00 feet, a tangent of 172.55 feet and whose chord bears
South 21 degrees 31 minutes 57 seconds East, 322.68 feet to a point for corner;
South 00 degrees 45 minutes 52 seconds East, 516.67 feet to a point for corner;
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South 45 degrees 45 minutes 52 seconds East, 35.36 feet to a point for corner;
North 89 degrees 14 minutes 08 seconds East, 751.82 feet to the POINT OF
BEGINNING and containing 3,030,818 square feet or 69.578 acres of land.
SAVE AND EXCEPT THE 23.866 ACRES DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
(TRACT 1A-23.866 ACRES)
Being a parcel of land located in the City of The Colony, Denton County, Texas, and being a part
of the B.B.B. & C.R.R. Survey, Abstract Number 179, and being a part of that called Tract IV
described in deed to TOMFRIM TRIBUTE, LP as recorded in Document Number 2019-129296,
Official Public Records of Denton County, Texas, and being further described as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found for corner in the
south line of said Tract IV, said point also being at the intersection of the north right-of-way line
of Lebanon Road (a variable width right-of-way) and west right-of-way line of Scotty’s Lake
Lane as recorded in Document Number 2019-67, Official Public Records of Denton County,
Texas;
THENCE along the north right-of-way line of Lebanon as follows:
South 89 degrees 14 minutes 08 seconds West, 460.63 feet to a point for corner;
Southwesterly, 134.15 feet along a curve to the left having a central angle of 04 degrees
34 minutes 47 seconds, a radius of 1,678.35 feet, a tangent of 67.11 feet, and whose chord bears
South 86 degrees 54 minutes 53 seconds West, 134.11 feet to a point for corner;
THENCE North 05 degrees 24 minutes 02 seconds West, 269.37 feet to a point for corner;
THENCE South 89 degrees 09 minutes 15 seconds West, 188.77 feet to a point for corner;
THENCE South 72 degrees 30 minutes 37 seconds West, 327.65 feet to a point for corner;
THENCE South 63 degrees 11 minutes 50 seconds West, 169.41 feet to a point for corner;
THENCE North 26 degrees 48 minutes 10 seconds West, 381.24 feet to a point for corner;
THENCE Northwesterly, 25.03 feet along a curve to the left having a central angle of 02 degrees
33 minutes 39 seconds, a radius of 560.00 feet, a tangent of 12.52 feet and whose chord bears
North 28 degrees 04 minutes 59 seconds West, 25.03 feet to a point for corner;
THENCE North 29 degrees 21 minutes 48 seconds West, 131.53 feet to a point for corner;
THENCE North 15 degrees 38 minutes 12 seconds East, 21.21 feet to a point for corner;
THENCE North 60 degrees 38 minutes 12 seconds East, 174.66 feet to a point for corner;
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THENCE Northeasterly, 102.97 feet along a curve to the right having a central angle of 11
degrees 47 minutes 57 seconds, a radius of 500.00 feet, a tangent of 51.67 feet and whose chord
bears North 66 degrees 32 minutes 10 seconds East, 102.78 feet to a point for corner;
THENCE North 72 degrees 26 minutes 08 seconds East, 756.95 feet to a point for corner;
THENCE Southeasterly, 501.19 feet along a curve to the right having a central angle of 65
degrees 15 minutes 48 seconds, a radius of 440.00 feet, a tangent of 281.73 feet and whose chord
bears South 74 degrees 55 minutes 57 seconds East, 474.53 feet to a point for corner;
THENCE South 42 degrees 18 minutes 03 seconds East, 5.00 feet to point for corner in the west
right-of-way line of Scotty’s Lake Lane;
THENCE along the west right-of-way line of Scotty’s Lake Lane as follows:
Southeasterly, 286.36 feet along a curve to the right having a central angle of 41 degrees
32 minutes 12 seconds, a radius of 395.00 feet, a tangent of 149.80 feet, and whose chord bears
South 21 degrees 31 minutes 57 seconds East, 280.13 feet to a point for corner;
South 00 degrees 45 minutes 52 seconds East, 516.67 feet to a point for corner;
South 44 degrees 14 minutes 08 seconds West, 35.36 feet to the POINT OF
BEGINNING and containing 1,039,593 square feet or 23.866 acres of land.
This document was prepared under 22 TAC 663.23, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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EXHIBIT B
Updated PD-23 Tract Map
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EXHIBIT C
Development Standards for Tract 1A
Tract 1A shall permit, but shall not require, a multi-family (greencourt) use. Tract 1A shall be
governed by (a) the development standards for Tract 1 set forth in Exhibit "C" to Ordinance No.
09-1802; (b) the provisions of subsequent ordinances amending Ordinance No. 09-1802 that are
applicable to Tract 1 or generally applicable to all of the property located within PD-23; and (c)
the following regulations, which are applicable only to a multi-family (greencourt) use on Tract
1A:
1. Section 2.1(a) is amended to read as follows:
"Multi-family (garden): Any multi-family use that is not defined herein as a multi-family
(mid-rise) or a multi-family (greencourt) use."
2. Section 2.1 is amended to add a new subsection (c) to read as follows:
"Multi-family (greencourt): A multi-family use consisting of three or more dwelling units
located on one lot and for which no individual building contains more than one unit. This
use is intended to resemble a traditional single-family neighborhood but is not to be platted
as a traditional single-family neighborhood."
3. Section 2 is amended to add a new subsection 2.2.1 to read as follows:
"2.2.1 Tract 1A.
(a)Purpose. The purpose of Tract 1A is to allow flexibility to develop Tract 1A
with a multi-family (greencourt) use.
(b)Permitted Uses. Permittedusesin Tract1Ashall include alluses authorized
in Tract 1 as of the date of adoption of this Ordinance, with the following additional use
permitted by right:
(i)Multi-family (greencourt)."
4. Section 2.5 is amended to add a new subsection (f-1) to read as follows:
"Multi-family (Greencourt). Multi-family (greencourt) uses shall be developed in
accordance with the provisions of the MF-1 zoning district regulations set forth in the
Zoning Ordinance, except as otherwise provided herein. At least fifteen percent (15%) of
a lot developed with this use, inclusive of any detention areas, shall be reserved and
maintained as open space. A maximum of 166 multi-family (greencourt) dwelling units are
permitted within Tract 1A, but shall not be limited by the overall restriction on the number
ofdwellingunitswithinPD-23assetforthbelowinSection2.5(h).The architectural design
of multi-family (greencourt) uses shall be generally consistent with the elevations and
materials package illustrated on Exhibit D, and shall comply with the product mix shown
on Exhibit D. The Director of Planning may approve minor amendments to Exhibit D
provided such amendments further the purposes of Exhibit D to require a diverse product
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mix and high quality architecture. Garages shall be a minimum of 440 square feet to
provide for a residents’ storage needs."
5. Section 2.8, is amended to add the following Table 1A that shall apply to a multi-family
(greencourt) use, and the minimum building setbacks illustrated below shall be the exclusive
setbacks applicable to Tract 1A. Table 1 of PD-23 shall not apply to a multi-family
(greencourt) use.
The setback requirements regulating the development of individual structures within Tract 1A shall
be governed by the illustrations shown on the Setback Illustrations (Exhibit D).
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6. Section 2.11 is amended to add a new subsection 2.11.1 to read as follows:
"Parking. Required guest parking for the multi-family (greencourt) use may be parallel
spaces that are at least 8 feet in width and 22 feet in length. Parallel parking spaces are
permitted on private streets. Guest parkingspaces maybe located outside of theleased area
of a multi-family (greencourt) dwelling unit. Parking is prohibited on private mews and
private drives."
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EXHIBIT D
Concept Plan 1A, Front Elevations, and Street Sections for Multifamily (Greencourt) Use on Tract 1A
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EXHIBIT E
Amended Development Standards for Tract 1
1
Notwithstanding Section 2.6 or any other requirement of Ordinance 09-1802, as amended, a
minimum of four acres within Tract 1 shall be developed with non-residential uses that may
include, but are not required to include, multi-family uses above the first floor.
1 With the exception of land in Tract 1A that is developed with a multi-family (greencourt) use, Tract 1 shall
continue to be governed by the regulations of PD-23 applicable to Tract 1 prior to the date of this Ordinance,
except as modified on this Exhibit E.
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EXHIBIT F
Metes and Bounds Description of the Boundaries of PD 23
LEGAL DESCRIPTION
(ALL TRACTS)
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey,
Abstract 170, a part of the B.B.B. & C.R.R. Survey, Abstract 179,a part of the B.B.B. & C.R.R.
Survey, Abstract No. 182, a part of the Thompson D. Luckett Survey, Abstract No. 751, and a
part of the J. Robertson Survey, Abstract No. 1507, and being all of that 250.65 acre tract of
land described as Tract 1 and being all of that 62.75 acre tract of land described as Tract II,
conveyed to Wynnwood Peninsula Partners, L. P. in a Special Warranty Deed dated
December 21, 2007 recorded in Document No. 2007-146787 Deed Records Denton County,
being all of that 48.769 acre tract of land conveyed to Wynnwood Peninsula Partners, L.P.
in a Special Warranty Deed Dated January 16, 2008 recorded in Document No. 2008-5640,
Deed Records Denton County, being a part of Lebanon Road (a variable width right-of-
way), being a part of Boyd Road (a prescriptive use right-of-way), and being further
described as follows:
BEGINNING at a five-eights inch iron rod found for the southeast corner of said 250.65acre
tract of land, said point being in the west line of that tract of land described as Tract II
conveyed to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169,
Deed Records Denton County;
THENCE along the south line of said 250.65 acre tract of land as follows:
South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a five-eights inch
iron rod found for corner;
South 88 degrees 45 minutes 10 seconds West, 801.03 feet to a one-half inch
iron rod found for corner;
South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a one-half inch
iron rod set for corner;
North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a Corp of Engineer
monument found for corner;
South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a Corp of Engineer
monument for corner;
North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a Corp of Engineer
monument found for the southwest corner of said 250.65 acre tract of land, said point
being in the east line ofGarza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the west line of said 250.65 acre tract of land and along the east line of said
Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
North 24 degrees 36 minutes 59 seconds East, 556.05 feet to a point for corner;
North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for corner;
North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for corner;
North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for corner;
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South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a Corp of Engineer
monument for corner;
North 64 degrees 05 minutes 52 seconds East, 376.74 feet to a Corp of Engineer
monument for corner;
North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a Corp of Engineer
monument for corner;
North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a Corp of Engineer
monument for corner;
North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for corner;
North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for corner;
North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a Corp of Engineer
monument for corner;
North 05 degrees 32 minutes 05 seconds East, 662.31 feet to a Corp of Engineer
monument for corner;
North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a Corp of Engineer
monument for corner, said point being the southwest corner of Wynnwood Haven Estates,
an addition to the County of Denton as recorded in Cabinet E, Page 209, Map Records
Denton County;
THENCE along the southline of said WynnwoodHaven Estates as follows:
North 83 degrees 53 minutes 31 seconds East, 100.47 feet to a one-half inch iron
rod found for corner;
North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a one-half inch iron
rod set for corner;
North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a railroad spike
found for the southeast corner of said Wynnwood Haven Estates and said point being in the
center of Boyd Road (a prescriptive use right-of-way);
THENCE North 01 degrees 02 minutes 51 seconds West, 157.91 feet along the east line of
said Wynnwood Haven Estates and along the center of Boyd Road to a one-half inch iron
rod found for corner;
THENCE North 01 degrees 38 minutes 55 seconds West, 158.18 feet along the east line of
said Wynnwood Haven Estates to a Corp of Engineer monument found for corner, said
point being in the southeast line of said Garza-Little Elm Dam and Reservoir (Lake
Lewisville);
THENCE along the southeast line of said Garza-Little Elm Dam and Reservoir (Lake
Lewisville) as follows:
North 78 degrees 19 minutes 06 seconds East, 65.66 feet to a one-half inch iron
rod set for corner;
North 49 degrees 05 minutes 28 seconds East, 322.05 feet to a Corp of Engineer
monument found for corner;
North 62 degrees 33 minutes 24 seconds East, 1112.30 feet to a one-half inch
iron rod found for corner;
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North 36 degrees 39 minutes 40 seconds East, 762.29 feet to a one-half inch iron
rod found for the northwest cornerof said 250.65 acre tract of land;
North 36 degrees 45 minutes 05 seconds East, 71.39 feet to a Corp of Engineer
monument found for the southwest corner of said Tract II, said point being the most
southerly southeast corner of 48.769 acre tract of land, and said point being in the north
line of Boyd Road (a prescriptive use right-of-way);
THENCE South 89 degrees 35 minutes 43 seconds West, 312.09feet to a Corp of Engineer
monument found at the most southerly southwest corner of said 48.769 acre tract, said
point also being in the in the east line of the Garza-Little Elm Dam and Reservoir (Lake
Lewisville);
THENCE alongthe northeasterlyline ofsaid Garza-Little Elm Dam andReservoir, (Lake
Lewisville) as follows:
North 45 degrees 22 minutes 05 seconds East, 575.78 feet to a Corp of Engineer
monument found for corner;
South 66 degrees 13 minutes 05 seconds East, 550.42 feet to a Corp of Engineer
monument found for corner;
North 55 degrees 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe
post found forcorner;
South 53 degrees 20 minutes 23 seconds East, 99.10feet to a four inch pipe post
found for corner;
North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe post
found for corner;
North 09 degrees 43 minutes 33 seconds West, 105.85 feet to a four inch pipe post
found for corner;
North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe post
found for corner;
South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe post
found for corner;
North 06 degrees 45 minutes 37 seconds East, 122.83 feet to a four inch pipe post
found for corner;
North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of Engineer
monument found for corner;
North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of Engineer
monument found for corner, said point being the north corner of said Tract IV;
THENCE along the northeast line of said Tract IV and continuing along the southeast line of
Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of Engineer
monument found for corner;
South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe post
found for corner;
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South 24 degrees 02 minutes 41 seconds West, 30.84feet to a four inch pipe post
found for corner;
South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe post
found for corner;
South 56 degrees 34 minutes 06 seconds East, 24.94feet to a four inch pipe post
found for corner;
North 57 degrees 44 minutes 36 seconds East, 62.09feet to a four inch pipe post
found for corner;
South 52 degrees 16 minutes 45 seconds East, 776.04 feet to a Corp of Engineer
monument stamped “G632-1-16” found for corner, said point being in the west line of that
called 26.123 acre tract of land described in deed to Board of Trustees of The Little Elm
Independent School District as recorded in Document 2018-104071, Denton County Deed
Records;
THENCE along the northline of said 26.123acre tract and along the south line of said
Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
North 14 degrees 12 minutes 07 seconds East, 649.15 feet to corp monument
G632-1-15 found for corner;
South 41 degrees 01 minutes 40 seconds East, 801.20 feet to a five-eighths inch
iron rod found at the northeast corner of said 26.123 acre tract, said point also being in the
west line of Lot 8, Block G, The Shores at Waterstone Phase 2, an addition to the City of
Frisco as recorded in Document Number 2013-4, Denton County Plat Records;
THENCE along the eastline of said 26.123 acre tact and along the westline of said
Waterstone Phase 2 Addition as follows:
South 00 degrees 17 minutes 34 seconds East, 380.27 feet to a “pk” nail found for
corner;
South 00 degrees 18minutes 43 seconds East, 826.20 feet to a point forcorner in
the approximate centerline of Lebanon Road;
THENCE along the approximate centerline of Lebanon Roadas follows:
South 89 degrees 14minutes 08 seconds West, 1321.94 feet to a point for corner;
Southwesterly, 558.62 feet along a curve to the left, having a central angle of 19
degrees 46 minutes 38 seconds, a radius of 1618.35 feet, a tangent of 282.12 feet, and
whose chord bears South 79 degrees 18 minutes 58 seconds West, 555.85 feet to a point
for corner;
THENCE South 88 degrees 52 minutes 33 seconds West, 609.66 feet to a point for corner;
THENCE South 52 degrees 16 minutes 52 seconds West, 3531.85feet to a point for corner;
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THENCE South 00 degrees 46 minutes 53 seconds East, 2347.37 feet to the POINT OF
BEGINNING and containing 16,036,187 square feet or 368.14 acres of land.
“This document was prepared under 22 TAC 663.23, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied orestablished by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.”
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution casting the city’s vote for a nominee to serve as a member of the
Board of Managers for the Denco Area 9-1-1 District (Council)
Suggested Action:
Attachments:
Denco Area 9-1-1 District Board of Managers Voting Packet.pdf
Res 2021-xxx Denco 911 Board.doc
142
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144
145
146
147
148
149
150
151
152
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154
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION APPOINTING ONE MEMBER TO THE
BOARD OF MANAGERS OF THE DENCO AREA 9-1-1
DISTRICT
WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the
Board of Managersof an Emergency Communications District shall be appointed jointly by all cities
and towns lying wholly or partly within the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That the City of The Colony hereby votes for David Terre as a member of the
Board of Managers for the Denco Area 9-1-1 Emergency Communication District.
SECTION 2.That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
6th day of July 2021.
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
155
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation
regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related
matters.
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline,
or dismissal of the City Secretary.
Suggested Action:
Attachments:
156
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation regarding State
Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters.
B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or
dismissal of the City Secretary.
Suggested Action:
Attachments:
157