HomeMy WebLinkAbout2022 0405Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
CASA of Denton County to receive Child Abuse Awareness Month Proclamation. (Mayor)
Suggested Action:
Attachments:
Child Abuse Awareness Proclamation.doc
4
MAYORAL PROCLAMATION
WHEREAS,child victims of abuse and neglect need and deserve support and assistance to help
them cope with the tragedies in their young lives; and
WHEREAS,National Child Abuse Prevention Month in April offers us all the opportunity to
promote and support programs that offer protection and safety for our community’s children; and
WHEREAS,Court Appointed Special Advocates of Denton County (CASA) has been providing
important life-altering advocacy to children in Denton County who have been removed from their
homes due to abuse or neglect for 30 years; and
WHEREAS,Nearly 750 children from Denton County will spend time in foster homes, living with
relatives temporarily or residential treatment centers in 2022 due to abuse or neglect; and
WHEREAS,The Colony, Texas is a place where citizens truly care about each other and work as a
community dedicated to protecting our youth and helping them thrive and survive the trauma they
have experienced; and
WHEREAS,it takes commitment from all individuals and organizations in a community working
together to surround these children with positive relationships and experiences, love, guidance, and
protection;
NOW, THEREFORE,in honor of all children in Denton County, do hereby proclaim the month of
April 2022 as
“CHILD ABUSE PREVENTION MONTH”
And commend the more than 250 community volunteers, 12 of whom are residents of The
Colony, for their work in advocating for children during this difficult time in their lives.
SIGNED AND SEALED this 5th day of April 2022.
____________________________________
Richard Boyer, Mayor
____________________________________
Tina Stewart, City Secretary
5
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
6
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
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:
7
Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from the Library regarding Library Board and volunteer recognition and presentation of the
James W. Althaus Volunteer of the Year Award. (Charters)
Suggested Action:
Attachments:
8
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Tina Stewart
Submitting Department: CVB/Communications
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from the Convention & Visitors Bureau/Communications Department regarding The
Colony Culture video series (Crimmins/Lanicek)
Suggested Action:
Attachments:
9
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
10
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for March 22, 2022. (Stewart)
Suggested Action:
Attachments:
March 22, 2022 DRAFT Minutes.docx
11
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
MARCH 22, 2022
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 22
nd day of March 2022, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Councilmember
Robyn Holtz, Councilmember
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:31 p.m.
1.2 Invocation
Reverend Jesus Cantu with Odeelia 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
1.5.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
Councilman Terre announced the North Texas Soup-N-Bowl would be held on
Saturday, March 26, 2022 from 11AM-2PM. This event celebrates their 13th
anniversary raising awareness and funds for North Texas Food Panty.
2.0 CITIZEN INPUT
None
12
City Council – Regular Meeting Agenda
March 22, 2022
Page| 2
3.0 WORK SESSION
3.1 Receive a presentation from Denton County Appraisal District.
Chief Appraiser, Hope McClure and Board Chair President, Roy Atwood, with
Denton County Appraisal District provided a presentation to Council on this item.
3.2 Discuss and provide direction to staff on the upcoming Independence Day Parade.
Police Chief David Coulon provided an overview on this item.
3.3 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve items from the Consent Agenda- Schrag; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for March 1,
2022.
4.2 Consider approving Council expenditures for February 2022.
4.3 Consider approving a resolution authorizing the City Manager to execute a contract
with Kraftsman LP for the hardscape and artificial turf seating area for Kids Colony
Splash Park Phase II, through the BuyBoard Purchasing Cooperative in the amount
of $417,834.00 with funding from the Community Development Corporation
(FY2021-2022 Budget).
RESOLUTION NO. 2022-014
4.4 Consider approving a resolution authorizing the Mayor to execute a Fourth
Amendment to the Marine Quest Groundlease Agreement for Hidden Cove Park,
granting an extension to the lease term.
RESOLUTION NO. 2022-015
4.5 Accept the Police Department Annual Traffic Stop Report.
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to
execute a grant request from Stewart Peninsula Golf Course to waive their 2022
ground lease fees to allow for reinvestment of those fees into infrastructure
improvements at the golf course.
13
City Council – Regular Meeting Agenda
March 22, 2022
Page| 3
Parks Manager, Jackie Kopsa, presented the proposed resolution to
Council.Owner of Stewart Peninsula Golf Course, Jaime Anderson, was
present for questions from Council.
Motion to approve- Schrag; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2022-016
5.2 Discuss and consider approving a resolution authorizing the City Manager to
execute a publication of a Notice of Intention to issue Certificates of Obligation,
including the adoption of a resolution pertaining thereto.
Assistant City Manager, Tim Miller, presented the proposed resolution to Council.
Motion to approve- Schrag; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2022-017
Executive Session was convened at 8:14 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 regarding pending
litigation: City of The Colony, The Colony Hotel Development Corporation v. KenPaxton,
Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of
Texas, Cause No. D-1-GN-21-006079, in the 459th Judicial District Court, Travis County,
Texas.
B. Council shall convene into a closed executive session pursuant to Sections 551.087 of
the Texas Government Code to deliberate 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 9:23 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending litigation: City of The
Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of
Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-
GN-21-006079, in the 459th Judicial District Court, Travis County, Texas.
No Action
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s), and the offer of a financial
or other incentive to a business prospect(s).
No Action
14
City Council – Regular Meeting Agenda
March 22, 2022
Page| 4
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 9:23 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
15
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: David Coulon
Submitting Department: Police
Item Type: Miscellaneous
Agenda Section:
Subject:
Accept the Notice of Police Seized Fund Expenditure. (Coulon)
Suggested Action:
The Code of Criminal Procedure requires that the governing body receive notice of an expenditure of seized
and forfeited funds the courts have awarded to the Police Department. The department intends to spend $4,250
of these funds on transportation costs for an armored vehicle awarded to us from the Texas Law Enforcement
Support Office and the Department of Defense Excess Property Program. The expenditure will be fully covered
by this account and will have no impact on the General Fund. Recommend accepting the notice.
Attachments:
Cougar 4X4 Armored Vehicle.jpg
16
17
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an updated Estoppel and
Subordination Agreement for Marine Quest, Hidden Cove, L.P. and Plains Capital Bank as required to secure
funding for improvements at Hidden Cove Park. (Nelson)
Suggested Action:
MarineQuest is in the process of securing a USDA loan for refinancing existing debt and future improvements at
Hidden Cove Park. This estoppel is to notify the lender that MarineQuest is in currently in compliance with their
lease, and allows the lender to hold the improvements as collateral and remedy defaults if needed. This is a
requirement for securing the loan.
MarineQuest is currently in compliance with their lease.
Attachments:
4879-3493-0711.1 Estoppel and Subordination Agreement (2022)(re Sublease with City) (1).docx
Res 2022-xxx Estoppel Sublease Agreement.doc
18
HB: 4879-3493-0711.1
AGREEMENT AS TO LEASE AND SUBLEASE AGREEMENT ASSIGNMENT MARINE
QUEST -HIDDEN COVE, L.P.
RELATING TO LEASE NO. DACW63-1-00-0816 LAKE LEWISVILLE, TEXAS
THIS AGREEMENT (the “Agreement”), made this _____ day of ___________, 2022, by and
between THE CITY OF THE COLONY, TEXAS, hereinafter referred to as "Lessor"; MARINE
QUEST -HIDDEN COVE, L.P., hereinafter referred to as "Subtenant"; and PLAINSCAPITAL
BANK, hereinafter referred to as "Lender."
WITNESSETH THAT
WHEREAS,Lessor is the holder of the leasehold under Lease No. DACW63-1-00-0816, dated
12 May 2000, granted by authority of the Secretary of the Army for a term of fifty years, beginning 1
April 2000,and covering approximately 720 acres of land and water in Denton County, State of Texas,
known as Hidden Cove Park,hereinafter referred to as the "Lease Premises,"more particularly
described in said lease; and
WHEREAS, on January 3, 2005, City entered into a sublease with Subtenant, as supplemented,
amended and otherwise modified pursuant to the First Amendment dated as of January 10, 2005, the Second
Amendment dated as of January 20, 2015 and the Third Amendment dated as of January 28, 2021, (collectively,
hereinafter referred to as the “Sublease Agreement”) to lease a portion of the Lease Premises (the “Subleased
Premises”) to Subtenant covering approximately 428 acres of land and water in Denton County, State of
Texas, being a portion of Hidden Cove Park, hereinafter referred to as the "Premises", more particularly
described or determined pursuant to the Sublease Agreement; and
WHEREAS, pursuant to Section 5.03 of the Sublease Agreement, Subtenant has granted to
Lessor a security interest in certain property of Subtenant (defined in the Sublease Agreement as
“Collateral”), located on the Lease Premises as security for payment of all rent and other sums owed
by Subtenant under the Sublease; and
WHEREAS,Subtenant has developed a marina operation on the Premises and
WHEREAS,PlainsCapital Bank has agreed at the request of the Subtenant to provide United States
Department of Agriculture (the “USDA”) Business & Industry Loan Program loans to the Subtenant for the purpose
of refinancing certain liabilities related to the development by the Subtenant and provide financing for additional
improvements at the Lease Premises, provided that the Lender and USDA are adequately secured by the Subtenant’s
interest in (i) the Premises and (ii) by a first priority security interest in all of Subtenant’s furnishings, fixtures,
machinery, equipment, personally property and fixtures ((i) and (ii) together, the “Collateral”) (the financing provided
by Lender and USDA and all obligations in connection therewith is herein referred to as the “Senior Obligations”
and the security interest securing such Senior Obligations is herein referred to as the “Senior Lien”); and
WHEREAS,under Section 10.01 of the Sublease Agreement provides that Subtenant shall not
encumber the Lessor’s interest in the Premises without the Lessor’s written consent; and
WHEREAS, pursuant to Section 10.02 of the Sublease Agreement, upon written request by Subtenant, the
19
HB: 4879-3493-0711.1
Lessor shall execute, acknowledge and deliver to Lender and USDA within 10 days of Subtenant’s request a written
statement certifying that (i) none of the terms or provisions of the Sublease Agreement have been changed other than as
provided in the written statement, (ii) that the Sublease Agreement has not been cancelled or terminated, (iii) the last date
of payment of Minimum Rent, Percentage Rent and other charge and the time period covered by such payment, and
(iv) that Subtenant is not in default under the Sublease Agreement (or if the Subtenant is claimed to be in default, stating
why); and
WHEREAS, pursuant to Section 10.03 of the Sublease Agreement, Subtenant shall have the right, at any time,
to encumber all or any part of its interest in the inventory or trade fixtures on the Premises with a lien to secure financing
and Lessor agrees to execute, subject to any other requirements in the Sublease Agreement, a waiver, subordination or
other agreements as any asset-based lender may reasonably request in connection with such financing; and
WHEREAS, Subtenant has submitted its written request dated March _23__, 2022 to the Lessor that Lessor
execute this Estoppel and Subordination Agreement;
NOW THEREFORE,in consideration of the benefits inuring to all parties,Lessor,Lender,
USDA and Subtenant agree as follows:
1.(a)Notwithstanding any term or condition of the Sublease Agreement, including, without
limitation,Sections 10.01, 10.02 and 10.03 thereof, Lessor hereby consents to the
Subtenant assigning, transferring, granting and conveying a first priority lien and security
interest to the Lender and the USDA on the Subtenant’s leasehold interest in the Premises.
Lessor further consents to the assignment and conveyance of Subtenant’s rights under the
Sublease Agreement to the Lender and the USDA for collateral purposes with right of
reassignment by Lender or USDA to a purchaser of the leasehold interest at a foreclosure
sale,or by Lender or USDA to a purchaser if Lender or USDA acquires the Sublease
Agreement through foreclosure,but subject to the written consent of Lessor,which consent
shall not be unreasonably upheld or delayed; provided however, that the assignment
following foreclosure shall become effective when,but only when,Lender or USDA
provides written notification to Lessor that Lender, USDA or another purchaser at
foreclosure has come into lawful ownership and possession of the rights of Subtenant
under the Sublease Agreement, pursuant to the terms of the specified loan agreement(s)
and security agreements between Lender or USDA and Subtenant, and Lessor has
furnished to Lender or USDA separate acknowledgments in a form satisfactory to Lessor
of its receipt of Lender's or USDA’s written notification.If Lender, USDA or another
purchaser at foreclosure has obtained such possession through judicial proceedings, the notice
to Lessor required by this provision shall be accompanied by a certified copy of the order of
the Court in such proceedings.
(b)After Lender or USDA has foreclosed its interest, if Lender or USDA is the purchaser
of the leasehold interest at foreclosure, Lender or USDA may reassign the Sublease
Agreement, subject to its terms, in Lender's or USDA’s efforts to satisfy and make Lender or
USDA whole as a result of Subtenant's default.Approval of the assignment shall not become
effective until approved in writing by Lessor as provided in the Lease and Sublease
Agreement, with such approval not being unreasonably withheld or delayed.
(c) (i) Lessor, Subtenant, Lender and Lender on behalf of USDA hereby covenant and agree
20
HB: 4879-3493-0711.1
that the Lessor’s and USDA’s Senior Lien is first in priority for all purposes. Lessor hereby
subordinate’s Lessor’s lien in the Collateral to the Lender and the USDA. Lessor and Subtenant
each agree that all liens and whatever other right, title or interest (if any) any of them may have
at any time in or to any Collateral as security for the obligations of the Subtenant under the
Lease shall, at all times and in all respects, be subject, junior and subordinate as to priority and
in all other respects to all Liens and any other right, title or interest of the Lender or the USDA
in or to any such Collateral as security for Senior Obligations, irrespective of the time or order
of the creation or perfection of any such lien, right, title or interest and irrespective of any
failure by the Lender of the USDA to create or perfect any such lien, right, title or interest.
Lessor agrees that, without Lender’s or USDA’s prior written consent, as applicable, it will not
foreclose or exercise any right or remedy it may have at any time in or with respect to the
Collateral until such time as the Senior Obligations have been indefeasibly paid.
(ii) Lessor, Subtenant, Lender and Lender on behalf of USDA acknowledge that the
priorities provided in this Agreement shall not be affected or impaired in any manner
whatsoever including, without limitation, on account of (A) the invalidity, irregularity or
unenforceability of all or any part of the Senior Obligations or any documents executed in
connection therewith (the “Senior Documents”), (B) any amendment, change or modification
of the Senior Documents, except those executed solely for the purposes of effecting the release
of all or any portion of the Collateral from the liens thereof, (C) any impairment, modification,
change, exchange, release or subordination of or limitation on, any liability of, or stay of actions
or lien enforcement proceedings against, Subtenant, its property or estate in bankruptcy
resulting from any bankruptcy, arrangement, readjustment, composition, liquidation,
rehabilitation, similar proceeding or otherwise, or (D) any release or subordination by the
USDA or Lender. This Agreement shall continue and be effective until Subtenant shall have
indefeasibly paid and satisfied in full the Senior Obligations.
(iii) Irrespective of the time, order or method of attachment or perfection of liens or the
filing or recording of documents and irrespective of anything contained in any filing or
agreement, any lien in favor of Lessor or USDA or Lender in the Collateral has and shall have,
as between Lessor, USDA and Lender, the priority set forth in this Agreement.
(iv) Lessor shall not challenge or question in any proceeding the validity or enforceability
of this Agreement as a whole or any term or provision contained herein. Lessor shall not
challenge or question in any proceeding the priority or validity of the liens granted to Lender
or USDA under the Senior Documents. Lessor agrees not to initiate, prosecute or participate in
any claim, action or other proceeding challenging the enforceability, validity, perfection or
priority of the Senior Lien or Senior Obligations. In the event the Lender or USDA is required
under the Bankruptcy Code or other law to return to Subtenant, its estate in bankruptcy, any
third party or any trustee, receiver or other representative of Subtenant, any payment or
distribution of assets, whether in cash, property or securities, including, without limitation, any
Collateral or any proceeds of any Collateral previously received by Lender or USDA on
account of any Senior Obligations (a “Recovered Distribution”), then to the extent permitted
by law, this Agreement and the subordination of the liens of Lessor in such Collateral or
proceeds shall be reinstated on the terms set forth herein with respect to any such Recovered
Distribution. Lessor shall not be required to contest its obligation to return such Recovered
Distribution if Lessor elects for any reason not to contest such obligation.
21
HB: 4879-3493-0711.1
(v) Lessor hereby waives any rights it may have under applicable law to assert the doctrine
of marshaling or to otherwise require Lender or USDA to marshal any property of Subtenant
or for the benefit of Lessor.
(vi) Lessor hereby waives, to the extent permitted by applicable law, any rights which it
may have to enjoin or otherwise obtain a judicial or administrative order preventing Lender or
USDA from taking, or refraining from taking, any action with respect to all or any part of the
Collateral. Without limitation of the foregoing, Lessor hereby agrees (a) that it has no right to
direct or object to the manner in which Lender or USDA applies the proceeds of the Collateral
resulting from the exercise by Lender or USDA of rights and remedies under the Senior
Documents to the Senior Obligations, and (b) that neither the Lender nor the USDA has
assumed any obligation to act as the agent for Lessor with respect to the Collateral.
2.Lessor hereby represents that Lease No. DACW63-1-00-0816 and the Sublease Agreement is
in full force and effect as of this date,and that neither or none of the parties to said lease or
the Sublease Agreement is known to be in default.Lessor also warrants and represents to
Lender and to Lender as representative of USDA that there has been no assignment of or
pledge of the Lease No. DACW63-1-00-0816 or the Sublease by Lessor.
3.Lessor agrees that if Subtenant shall fail or refuse to perform any of the covenants or
agreements contained in Lessor's Lease No. DACW63-1-00-0816 or the Sublease
Agreement sufficient to constitute default on the part of Subtenant, Lessor will provide the
same notice of such default to Lender as to the Subtenant under the terms of said Lease and
Sublease Agreement,and Lender shall have the right and shall be given a reasonable
opportunity to cure such default if Subtenant shall fail to cure the default.
4.Lessor agrees not to modify Lessor's Lease No. DACW63-1-00-0816 and the Sublease
Agreement respectively without prior notification to Lender.
5.All Notices shall be addressed as follows:
The City of The Colony,Texas
Marine Quest -Hidden Cove,L.P.
PlainsCapital Bank, as Lender and on behalf the USDA
22
HB: 4879-3493-0711.1
Notice shall be deemed to have been duly given if and when enclosed in a properly sealed
envelope or wrapper,addressed as aforesaid,and deposited postage prepaid, certified mail,
return receipt requested, in a post office or branch post office regularly maintained by the
United States Postal Service.
6.Any reference to "Lessor", "Subtenant","Lender"or “USDA”shall include their duly
authorized representative and successors and assigns.
7.The parties agree to work together to resolve any dispute under this Agreement. However,
should a dispute between Lessor and Subtenant or Lender or USDA not be resolved, it shall
be resolved under the provisions of TEXAS GOVERNMENT CODE, CHAPTER 2260.
Further,nothing herein is intended,and the parties agree that no provision of this
Agreement will waive any immunity the state may enjoy under the law.
[signature pages follow]
23
HB: 4879-3493-0711.1
[SIGNATURE PAGE TO ESTOPPEL AND SUBORDINATION AGREEMENT]
EXECUTED as of the date of the acknowledgement below, but to be effective as of the Effective
Date.
Lessor:
THE CITY OF THE COLONY, TEXAS
By:___________________________
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on ______________, 2022, by _______________,
the _______________ of THE CITY OF THE COLONY, TEXAS for THE CITY OF THE COLONY,
TEXAS.
[SEAL]
Notary Public, State of Texas
Subtenant:
MARINE QUEST – HIDDEN COVE, L.P.
By:___________________________
Name: Marcel Bosworth
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on ______________, 2022, by Marcel Bosworth,
the _______________ of MARINE QUEST – HIDDEN COVE, L.P.
[SEAL]
Notary Public, State of Texas
24
HB: 4879-3493-0711.1
[SIGNATURE PAGE TO ESTOPPEL AND SUBORDINATION AGREEMENT]
Lender (for itself and on behalf of the USDA):
PLAINSCAPITAL BANK
By:___________________________
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on ______________, 2022, by Marcel Bosworth,
the _______________ of PLAINSCAPITAL BANK, on behalf of PlainsCapital Bank and the United States
Department of Agriculture.
[SEAL]
Notary Public, State of Texas
25
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE AMENDED ESTOPPEL
SUBLEASE AND SUBORDINATION AGREEMENT FOR MARINE
QUEST, HIDDEN COVE, L.P. AND PLAINS CAPITAL BANK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of The Colony, Texas, has determined that it
is in the best interest of the City to approve the amended Estoppel Sublease and Subordination
Agreement for Marine Quest, Hidden Cove, L.P. and Plains Capital Bank as required to secure
funding for improvements at Hidden Cove Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1. The Amended Estoppel Sublease and Subordination Agreement, a copy of
which is attached hereto as Exhibit A, and is incorporated herein for all purposes, has been
reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in
the best interest of the City and its citizens, be, and the same is hereby, in all things approved.
Section 2.The City Manager is hereby authorized to execute said Estoppel and
Subordination Agreement on behalf of the City of The Colony, Texas.
Section 3. This Resolution shall take effect immediately from and after its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 5TH DAY OF APRIL 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_____
Jeff Moore, City Attorney
26
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $4,197,192.00 with Urban Infraconstruction for the Phase 11 Residential Street Reconstruction
Project. (Hartline)
Suggested Action:
Background:
City Council approved funding for reconstruction of the Phase 11 Street Reconstruction Project in the
2021-2022 budget. The next set of residential streets to be constructed are listed below.
Concrete Streets
Tucker Street – Taylor Street to Tyler Street
Miller Drive – 100 feet south of Keller Circle to the Slay Drive intersection
Bartlett Drive – Clover Valley Drive to Miller Drive
The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement.
Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater
mains and street lights will also be replaced, as needed.
The project bids were opened on March 1, 2022 and the low bidder was Urban Infraconstruction at a cost of
$4,197,192.00. Halff Associates, the Project Design Engineer, received positive feedback from representatives
that have previously worked with the contractor including the City of Plano, City of Carrollton and Town of Little
Elm. Halff Associates recommends approval of the contract with this company. See attached Engineering
Recommendation letter for additional information.
Recommendation:
Staff recommends approval of the contract with Urban Infraconstruction in the amount of $4,179,192.00 to
perform construction services for the Phase 11 Residential Street Reconstruction project. With approval, the
project is anticipated to start construction in May 2022 with an estimated completion in August 2023.
27
Attachments:
Engineering Recommendation Letter
Location Map
Certified Bid Tab
Financial Summary
Res. 2022-xxx Uban Infraconstruction Construction Services Contract.docx
28
29
30
MainPaigeNash
Baker
Nor th Colony FoxRagan
NorrisBlair OaksTu r ne r
Slay
M e m o ria lStrickland
Reed
Rice
Morning StarTaylorRoberts
South ColonyGatesElm Trego
CurryBig River
GlenviewJoyCrawfordPruitt Perrin
CarrollLongo
Pemberton
AdamsWilcox
Gibson
Kno x
Treese
Carr
SquiresLarner
John YatesPearceKnightAshlock NorthpointeWa gn e r
Nervin
FryerShermanAztec
Phelps
MarlarStanley
Hale
SH 121Brandenburg
Hetherington
Russell
Powers
Legend
Bedford
Shannon
Jenkins
Walker
Wheeler
SampleSagers
AutumnBartlettRutledge
Buckskin
Chatham
ConcordRamsey
MillerKingAl
l
enYoung
Chapman
A listerWoodruff
Yager
Poole
ScottPettitMadison
Je n nin g s
GriffinKeys
Lake Highlands
Clover Valley
Witt
Overland
Rock Canyon
Rockwood
Green Hollow
LakeshoreFallwaterDarbyThompson
W a t k i n s
QueenT y l e r
WexleyWard
Rolling HillArcher Kisor
MatsonColePhoenix
Marsh
Copper CanyonStone MountainMayesSpring CreekBlalockMages
IvySuttonT w i t t y
ApacheAugusta
Freeman
BranchwoodDay SpringOxfordHendrix
Paint er BILTMOORET u c k e r
C r e s c e n tAveryLookoutBear RunCook WilshireWatson
FisherYounger Southmoor
Bog ard
G a r v i n
Dee ColeWestwood
Lake VistaRearn
Wampler
Griffin LandmarkSkylineCreekdaleRidgecrestU s h e r
Na
v
a
hoBentley
BrentwoodTrailvie
w
Lake Ridge High CliffFosterEvansForest L o s t V a lle y
Ha milt on
Fay
G r a h a m
Harvard PinebrookVa n c e
M i d d l e t o n
Horseshoe
MerrellWo ma c k
H a c k n e y Southern Hills Pri
nce Wi
l
l
i
am
S t a r d u s tCar
ri
ageEagle River
Sundance
Gilliam
Stone CreekMo hawk BarstowWoodlands
Marks
Crutchberry Santa FeAtterbury HedgecoxeOverton
KellerGarrett
SunrisePawneeC l e a r w a t e r
Che s a pe a k e
CockrellBradfordWater wood
Red bud
South ColonyMainMa
y
e
s
PaigeMemorialSH 121MainSpr
i
ng Cr
e
e
k
µLocation MapPhase 11 Street Reconstruction
Tucker Street
Existing City Park
Miller Drive
Bartlett Drive
31
32
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $4,197,192.00
Fund(s) (Name and number): 895-669-6670-2258 ($4,052,000.00)
895- Excess Funds ($ 145,192.00)
Source of Funds: 2021 Bond Proceeds
2021-2022 GF Capital Fund-Excess Funds
Cost of recommended contract award: $ 4,197,192.00
Total estimated project cost:
$ 4,197,192.00 Construction Already authorized Yes No
$ 4,197,192.00 Total estimated costs
33
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND URBAN INFRACONSTRUCTION, FOR
THE PHASE 11 RESIDENTIAL STREET RECONSTRUCTION PROJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to Urban Infraconstruction., for the Phase 11 Street Reconstruction Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to
URETEK USA, INC., in the amount of $4,197,192.00 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5TH DAY OF APRIL 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______
Jeff Moore, City Attorney
34
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
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 -18
(PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B “Development
Regulations for PD-18 and PD-23,” updating the Concept Plan illustration, establishing a single family
development plan and providing development standards for “Westbury Phase 6” (an approximately 33.217 acre
area located north and northeast of the intersection of [future] Bankside and Lebanon Road) and modifying the
garage size requirement for “Westbury Phase 4” (an approximately 44.278-acre area located north and
northeast of the intersection of Prescott and Lebanon Road) within the Tribute Community. (Williams)
Suggested Action:
Please see the attached Staff Report, drawings, maps and illustrations for detailed land use, site layout and
staff recommendation.
Attachments:
PDA22-0001.pdf
Concept Plan NTS 17.pdf
Westbury PH 6 Narrative 011722.pdf
PDA22-0001 CC Staff Report - PD 18, 23 Tribute PD Amendment Westbury Phase 6.pdf
Westbury 4 and 6 Draft Ordinance.pdf
35
BONNY
BANKWEMB
L
E
Y W I N C H E S TE R
L E B A N O N R D
B IN G H A M
WH
IT
B
Y
K IN G T O N
S OUTH W I C K
HAVERHILLSHOREHAMB
A
N
K
SI
D
ESCOTTYSL
A
K
E
L
N
W ESTE R N
M ELRO SES C O T T Y 'S L A K E L N
P D 1 8
P D 2 3
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . PDA 22-0001 - Project Name: West bury Ph ase 6
Westb u ry Ph ase 6
Pla nn e d Deve lo pme nt 1 8
Pla nn e d Deve lo pme nt 2 3
SubjectArea
SubjectArea
36
37
WESTBURY PH 6 JAN 17, 2022
WESTBURY PHASE 6
PD AMENDMENT NARRATIVE
Westbury Phase 6 will be the continuation of the Westbury neighborhood in the Tribute. It is comprised
of two tracts of land. The smaller of the two tracts, Tract 1, is 3.99 acres is size and is located at the
northwest corner of Lebanon Road and Bankside Drive. Tract 2 is 29.22 acres in size and is located on
the north side of Scotty’s Lake Lane.
The development pattern proposed for Tract 2 allows for 66, 50’ wide lots. These lots will accommodate
front entry, single-family detached homes. Over half of the homes in the neighborhood will be adjacent
to Lake Lewisville. 16 of them will be located on a peninsula which extends into the lake.
The development pattern proposed for Tract 1 allows for 22, 40’ wide lots. These lots will accommodate
rear entry, single-family detached homes.
Both lot types are proposed to be developed with the same standards for similar lots in the Westbury
neighborhood. These standards are outlined in PD-23.
In order to implement this design, a rezoning of the property is required. The property is presently
zoned PD-23 for a “mixed use” development pattern. While the zoning allows for single family detached
homes, specific development standards for them are being established in this amendment. The
development standards will be identical to those which exist in PD-23 for similar lot types in the
Westbury neighborhood.
38
CITY COUNCIL REPORT
AGENDA DATE: April 5, 2022
DEPARTMENT: Development Services Department
SUBJECT PDA22-0001 Planned Development 18 and 23 Amendment - Tribute
Development Standards (Westbury Phase 6)
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development -18 (PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by
modifying Exhibit B “Development Regulations for PD -18 and PD-23,” updating the Concept
Plan illustration, establishing a single family development plan and providing development
standards for “Westbury Phase 6” (an approximately 33.217 acre area located north and
northeast of the intersection of [future] Bankside and Lebanon Road) and modifying the garage
size requirement for “Westbury Phase 4” (an approximately 44.278 -acre area located north and
northeast of the intersection of Prescott and Lebanon Road) within the Tribute Community.
OWNER/APPLICANT
Developer/Owner: The Tribute LLC Lewisville, Texas
Applicant: JBI Partners, Inc Addison, TX
EXISTING CONDITION OF PROPERTY
Planned Development 18 and 23 aka The Tribute and The Tribute West PD is predominately
developed as a traditional residential single-family detached community, with an accompanying
golf course, education facilities and other common area amenities.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to establish Westbury Phase 6 and amend Westbury Phase 4.
PROPOSED REQUEST
Mathews Southwest (the master developer) has proposed an amendment to the Westbury Village
by establishing a residential area referred to as Westbury Phase 6. Westbury Phase 6 contains
approximately 33.217 acres comprised of two tracts of land. Tract 1, contains approximately
3.99 acres and is located at the northwest corner of Lebanon Road and (future) Bankside Drive;
Tract 2 contains approximately 29.22 acres and is located along the north side of Scotty’s Lake
Lane.
The development pattern proposed for Tract 2 allows for sixty-six (66), 50’ wide lots. These lots
will accommodate front entry, single -family detached homes. The majority of the homes within
this phase will be adjacent to Lake Lewisville; sixteen (16) lots will be located on a peninsula
which extends into the lake. Tract 1 allows for twenty-six (26), 40’ wide lots. These lots will
accommodate rear entry (alley served), single-family detached homes. The acreage is intended to
yield approximately 92 residential lots; Westbury 6 contains a density of approximately 2.77
units per acre.
39
Both lot types are proposed to be developed with the same standards for similar lots in the
existing Westbury neighborhood and are to maintain the architectural requirements within the
Tribute’s overall Design Review Guidelines. These standards are outlined in PD-23.
A rezoning is required to implement this development as the property is presently identified with
a less defined mixed use development pattern. The zoning allows for single-family detached
homes, specific development standards for them are being established in this amendment.
Westbury Phase 6 is physically located within the PD-23 of the community. However, the
proposed ordinance updates the Development Regulations and the “community map” reflecting
development within Planned Development-18 (PD-18) and Planned Development-23 (PD-23).
The amendment ordinance also includes a provision to reduce the minimum size of garages
within previously approved Westbury Phase 4 [and proposed Westbury Phase 6] from 440 to 370
square feet. This provision establishes consistency with the approved CC&Rs of the community
and accommodates a preferred floor plan on lots with less than traditional widths.
The following development regulations shall apply only to land located within the area identi fied
as Westbury at Tribute, Phases 6, and as described by exhibits of the proposed ordinance:
Westbury at Tribute Phase 6
Minimum Lot Width 50’ 40,
Minimum Lot Area (SF) 5,000 4,400
Minimum Lot Depth 100’ 120’
Minimum Lot Depth on Curve 95’ 95’
Minimum Front Setback 15’ 14’
Minimum Garage Setback 20’ 18’
Minimum Side Setback 5’ 5’
Minimum Side Setback on
Corner
10’ 10’
Minimum rear Setback 15’ 15’
Minimum Rear Setback for
Patio Covers / Gazebos
5’ 5’
Maximum Lot Coverage
(excluding patio covers &
gazebos)
55% 60%
Garage parking (minimum
number of spaces)
2 2
Driveway Parking (minimum
number of spaces)
2 2
Maximum Residential Building
Height
40’ 40’
40
41
42
43
NOTIFICATION
Notice for this Public Hearing was published in The Dallas Morning News on March 19, 2022.
In addition, 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 March 19, 2022 to adjacent property owners. No comments
either for or against the Planned Development Amendment were received as of printing of this
packet.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to establish Westbury Phase 6 and amend Westbury Phase 4.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the proposed Planned
Development Amendments to establish Westbury Phase 6 and amend Westbury Phase 4.
ATTACHMENTS
1. Location Map
2. Proposed Amending Ordinance (exhibits)
3. Narrative
44
Page 1
103716.4
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-____
(WESTBURY PHASES 4 & 6)
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
PLANNED DEVELOPMENT 23 (PD-23) AND PLANNED DEVELOPMENT
18 (PD-18) TO AMEND THE DEVELOPMENT STANDARDS AND
DEVELOPMENT PLAN FOR THE APPROXIMATELY 33.2-ACRE
TRACT OF LAND DESCRIBED IN EXHIBIT "A" AS WESTBURY PHASE
6; TO AMEND THE GARAGE SIZE REQUIREMENT FOR THE
APPROXIMATELY 44.278-ACRE TRACT OF LAND DESCRIBED IN
EXHIBIT "A" AS WESTBURY PHASE 4; 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 property described on Exhibit "A" is currently zoned planned
development 23 (PD-23); and
WHEREAS, the applicant has made a request to amend the development standards and
establish a development plan as reflected on Exhibits "B" and "C" to allow for single family
development on the approximately 33.2-acre tract of land described on the attached Exhibit "A"
as Westbury Phase 6; and
WHEREAS, the applicant has made a request to amend the garage size requirement for
the approximately 44.278-acre tract of land described on the attached Exhibit "A" as Westbury
Phase 4; and
WHEREAS, after discussion and consideration, the City Council has determined that the
revised development standards on Exhibit "B" and the development plan on Exhibit "C" should be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That PD-23 and PD-18 are hereby amended for the property described on
Exhibit "A" to change the development standards for all of the Property described on Exhibit "A"
as shown on Exhibit "B," and to establish a Development Plan as shown on Exhibit "C" which
shall also serve as the Concept plan for the Westbury Phase 6 property described on Exhibit "A",
which exhibits are attached hereto and incorporated herein for all purposes. A development
standards table for PD-18 and PD-23 that has been included, but includes no amendments for
property other than the property described on Exhibit "A", and is included as part of Exhibit "B"
to facilitate the administration of PD-18 and PD-23.
45
Page 2
103716.4
SECTION 2. 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
Comprehensive Zoning Ordinance as a whole.
SECTION 3. That the property described on Exhibit "A" shall be developed and used
only in accordance with the Comprehensive Zoning Ordinance and PD-23 as amended.
SECTION 4. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and all ordinances establishing and amended PD-18 and PD-23, shall remain in full force and
effect, save and except as amended by this ordinance.
SECTION 5. That any person, firm, or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the code of
Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall
be punished by a fine not to exceed the 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 6. 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 __ day of
______, 2022.
APPROVED:
RICHARD BOYER, MAYOR
46
Page 3
103716.4
ATTEST:
TINA STEWART, CITY SECRETARY
APPROVED AS TO FORM:
JEFF MOORE, CITY ATTORNEY
47
Exhibit A – Page 4
103716.4
Exhibit "A"
Metes and Bounds Description Westbury Phases 4 & 6
(Approximately 33.2 Acres)
Westbury Phase 4
STATE OF TEXAS~
COUNTY OF DENTON~
WHEREAS, Tribute Partners, L.P., Tribute Owner’s Association, Inc., T.P. Westbury III, LLC,
and Tomfrim Tribute L.P. are the owners of a parcel of land located in the City of The Colony,
Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract 179, and being a part of
the B.B.B. & C.R.R. Survey, Abstract 182, and being a part of Tract 23 called 250.65 acres as
described in deed to Tribute Partners, L.P. as recorded in Document Number 2010-69110, Denton
County Deed Records, and also being a part of Tract 24 called 62.75 acres as described in deed to
Tribute Partners, L.P. as recorded in Document Number 2010-69110, Denton County Deed
Records, also being a part of Tract 25 called 48.769 acres as described in deed to Tribute Partners,
L.P. as recorded in Document Number 2010-69110, Denton County Deed Records, also being all
of Tract 16 called 3.00 acres as described in deed to Tribute Partners, LP as recorded in Document
Number 2010-69114, Denton County Deed Records, also being part of a called 4.066 acre tract of
land described in deed to Tribute Partners, LP as recorded in Document Number 2013-15969,
Denton County Deed Records, also being part of Tract 2 called 6.788 acres as described in a deed
to T.P. Westbury III, LLC as recorded in Document Number 2017-147312, Denton County Deed
Records, also being a part of Tract 3 called 1.9272 acres as described in deed to The Tribute
Owner’s Association as recorded in Document Number 2008-28999, Denton County Deed
Records, also being a part of Tract IV as described in deed to Tomfrim Tribute, L.P. as recorded
in Document Number 2019-129296, Denton County Deed Records, and also being a portion of
that abandoned right-of-way of Boyd Road (a prescriptive use right-of-way) abandoned by City
Ordinance Number 2017-2267, as recorded in Document Number 2017-92404, Denton County
Deed Records, and described in Quitclaim deed from City of the Colony to Tribute Partners, L.P.
as recorded in Document Number 2017-92405, Denton County Deed Records, and being further
described as follows:
BEGINNING at a one-half inch iron rod found at the west corner of Lot 39, Block Y of Westbury
at Tribute, Phase 1C1, an addition to the City of The Colony as recorded in Document Number
2016-2218, Denton County Plat Records, said point being in the north right-of-way line of Prescott
Road, a 60 foot wide right-of-way;
THENCE North 69 degrees 36 minutes 29 seconds West, 504.57 feet along the north right-of-way
line of Prescott to a one-half inch iron rod found for corner, said point being at the intersection of
the north right-of-way line of Prescott and the west right-of-way of Richmond, a 60 foot wide
right-of-way, said point also being at the most easterly corner of Westbury at Tribute, Phase 1B,
an addition to the City of The Colony as recorded in Document Number 2016-2220, Denton
County Plat Records;
48
Exhibit A – Page 5
103716.4
THENCE along the north line of said Westbury at Tribute, Phase 1B as follows:
North 70 degrees 47 minutes 57 seconds West, 120.25 feet to a one-half inch iron rod
found for corner;
North 20 degrees 23 minutes 31 seconds East, 185.19 feet to a one-half inch iron rod
found for corner;
North 06 degrees 05 minutes 30 seconds East, 77.29 feet to a one-half inch iron rod
found for corner;
South 88 degrees 23 minutes 16 seconds West, 130.69 feet to a one-half inch iron rod
found for corner;
Northwesterly, 4.39 feet along a curve to the left having a central angle of 00 degrees
54 minutes 51 seconds, a radius of 275.00 feet, a tangent of 2.19 feet, and whose chord bears
North 02 degrees 04 minutes 10 seconds West, 4.39 feet to a one-half inch iron rod found for
corner;
South 87 degrees 28 minutes 25 seconds West, 192.00 feet to a one-half inch iron rod
found for corner;
THENCE North 53 degrees 20 minutes 20 seconds West, 136.64 feet to a one-half inch iron rod
found in the north line of Westbury at Tribute, Phase 3B, an addition to the City of The Colony as
recorded in Document Number, 2019-219, Denton County Plat Records;
THENCE along the north line of said Westbury at Tribute, Phase 3B as follows:
South 82 degrees 49 minutes 44 seconds West, 49.39 feet to a one-half inch iron rod found
for corner;
South 64 degrees 29 minutes 39 seconds West, 49.39 feet to a one-half inch iron rod found
for corner;
South 36 degrees 39 minutes 40 seconds West, 67.93 feet to a one-half inch iron rod found
for corner;
North 53 degrees 20 minutes 20 seconds West, 128.15 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 36 degrees 39 minutes 40 seconds East, 18.32 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 53 degrees 20 minutes 20 seconds West, 50.00 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
South 36 degrees 39 minutes 40 seconds West, 10.00 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
North 53 degrees 20 minutes 20 seconds West, 120.02 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner, said point being the north corner of Lot 33, Block
L, of said Westbury at Tribute, Phase 3B, said point also being in the southeast line of Garza-Little
Elm Dam and Reservoir (Lake Lewisville);
THENCE along the southeast line of Garza-Little Elm Dam and Reservoir (Lake Lewisville) as
follows:
North 36 degrees 40 minutes 14 seconds East, 120.53 feet to a one-half inch iron rod
found for corner;
North 36 degrees 45 minutes 16 seconds East, 71.08 feet to a one-half inch iron rod
found for corner;
49
Exhibit A – Page 6
103716.4
South 89 degrees 33 minutes 51 seconds West, 311.87 feet to a Corp of Engineer
monument found for corner;
North 45 degrees 21 minutes 20 seconds East, 575.76 feet to a Corp of Engineer
monument found for corner;
South 66 degrees 14 minutes 40 seconds East, 550.53 feet to a Corp of Engineer
monument found for corner;
North 55 degrees 30 minutes 50 seconds East, 1,063.28 feet to 4 inch pipe post found
for corner;
South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a 4 inch pipe post found
for corner;
THENCE South 60 degrees 51 minutes 03 seconds East, 265.84 feet to a one-half inch iron rod
with yellow cap stamped "JBI" set for corner;
THENCE Northeasterly, 157.62 feet along a curve to the right having a central angle of 31 degrees
41 minutes 12 seconds, a radius of 285.00 feet, a tangent of 80.88 feet, and whose chord bears
North 44 degrees 47 minutes 36 seconds East, 155.61 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE North 60 degrees 38 minutes 12 seconds East, 43.98 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE South 29 degrees 21 minutes 48 seconds East, 50.00 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE South 60 degrees 38 minutes 12 seconds West, 43.98 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southwesterly, 342.19 feet along a curve to the left having a central angle of 83 degrees
25 minutes 46 seconds, a radius of 235.00 feet, a tangent of 209.49 feet, and whose chord bears
South 18 degrees 55 minutes 18 seconds West, 312.75 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 22 degrees 47 minutes 35 seconds East, 380.79 feet to a one-half inch iron rod
with yellow cap stamped "JBI" set for corner;
THENCE Southeasterly, 34.30 feet along a curve to the left having a central angle of 95 degrees
51 minutes 20 seconds, a radius of 20.50 feet, a tangent of 22.71 feet, and whose chord bears South
70 degrees 43 minutes 15 seconds East, 30.43 feet to a one-half inch iron rod with yellow cap
stamped "JBI" set for corner;
THENCE North 61 degrees 21 minutes 06 seconds East, 237.34 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Northeasterly, 33.02 feet along a curve to the right having a central angle of 01 degrees
50 minutes 45 seconds, a radius of 1,025.00 feet, a tangent of 16.51 feet, and whose chord bears
50
Exhibit A – Page 7
103716.4
North 62 degrees 16 minutes 28 seconds East, 33.02 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE North 63 degrees 11 minutes 50 seconds East, 10.39 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE South 26 degrees 48 minutes 10 seconds East, 50.00 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE South 63 degrees 11 minutes 50 seconds West, 10.39 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southwesterly, 31.41 feet along a curve to the left having a central angle of 01 degrees
50 minutes 45 seconds, a radius of 975.00 feet, a tangent of 15.71 feet, and whose chord bears
South 62 degrees 16 minutes 28 seconds West, 31.41 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 61 degrees 21 minutes 06 seconds West, 267.72 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southwesterly, 28.92 feet along a curve to the right having a central angle of 06 degrees
01 minutes 31 seconds, a radius of 275.00 feet, a tangent of 14.47 feet, and whose chord bears
South 64 degrees 11 minutes 40 seconds West, 28.91 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 67 degrees 12 minutes 25 seconds West, 202.20 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southeasterly, 58.37 feet along a curve to the left having a central angle of 14 degrees
51 minutes 50 seconds, a radius of 225.00 feet, a tangent of 29.35 feet, and whose chord bears
South 38 degrees 34 minutes 16 seconds East, 58.21 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 46 degrees 00 minutes 12 seconds East, 194.81 feet to a five-eighths inch iron rod
found for corner, said point also being in the northwest right-of-way of Lebanon Road, a 120 foot
right of way as recorded in Cabinet W, Page 268, Denton County Plat Records;
THENCE Southwesterly, 170.08 feet along the northwest right-of-way line of Lebanon Road
following a curve to the left having a central angle of 05 degrees 47 minutes 00 seconds, a radius
of 1,685.00 feet, a tangent of 85.11 feet, and whose chord bears South 43 degrees 21 minutes 50
seconds West, 170.01 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for
corner, said point being the northeast corner of said Westbury at Tribute, Phase 1C1;
THENCE along the north and west line of said Westbury at Tribute, Phase 1C1 as follows:
North 46 degrees 00 minutes 12 seconds West, 90.16 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
51
Exhibit A – Page 8
103716.4
South 38 degrees 26 minutes 38 seconds West, 136.73 feet to a one-half inch iron rod
with yellow cap stamped "JBI" found for corner;
South 35 degrees 25 minutes 45 seconds West, 50.02 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 33 degrees 49 minutes 08 seconds West, 49.73 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 32 degrees 13 minutes 06 seconds West, 49.44 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 30 degrees 37 minutes 15 seconds West, 49.54 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 29 degrees 01 minutes 18 seconds West, 49.54 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found at the east corner of Lot 4, Block Z of said Westbury at Tribute,
Phase 1C1;
North 61 degrees 46 minutes 41 seconds West, 170.00 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
Southwesterly, 3.54 feet along a curve to the left having a central angle of 00 degrees 06
minutes 16 seconds, a radius of 1,945.00 feet, a tangent of 1.77 feet, and whose chord bears South
28 degrees 10 minutes 11 seconds West, 3.54 feet to a one-half inch iron rod with yellow cap
stamped "JBI" found for corner;
North 61 degrees 52 minutes 57 seconds West, 120.00 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found at the north corner of Lot 36, Block Y of said Westbury at Tribute,
Phase 1C1;
South 27 degrees 21 minutes 06 seconds West, 55.21 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 25 degrees 49 minutes 11 seconds West, 55.21 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 24 degrees 17 minutes 17 seconds West, 55.21 feet to a one-half inch iron rod with
yellow cap stamped "JBI" found for corner;
South 22 degrees 38 minutes 26 seconds West, 82.82 feet to the POINT OF BEGINNING
and containing 1,928,748 square feet or 44.278 acres of land.
Westbury Phase 6
(TRACT 1)
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” set for corner;
THENCE South 63 degrees 11 minutes 50 seconds West, at 3.50 feet passing a one-half inch iron
rod with yellow cap stamped “JBI” found at the most easterly north corner of that called Westbury
at Tribute Phase 4, an addition to the City of The Colony, as recorded in Document Number 2021-
486, Official Public Records of Denton County, Texas in all a total distance of 13.89 feet to a one-
half inch iron rod with yellow cap stamped “JBI” found in the east line of said Westbury at Tribute
Phase 4;
52
Exhibit A – Page 9
103716.4
THENCE along the east line of said Westbury at Tribute Phase 4 as follows:
Southwesterly, 33.02 feet along a curve to the left, having a central angle of 01 degrees 50
minutes 45 seconds, a radius of 1,025.00 feet, a tangent of 16.51 feet and whose chord bears South
62 degrees 16 minutes 28 seconds West, 33.02 feet to a one-half inch iron rod with yellow cap
stamped “JBI” found for corner;
South 61 degrees 21 minutes 06 seconds West, 237.34 feet to a one-half inch iron rod with yellow
cap stamped “JBI” found for corner;
Northwesterly, 34.30 feet along a curve to the right, having a central angle of 95 degrees
51 minutes 20 seconds, a radius of 20.50 feet, a tangent of 22.71 feet, and whose chord bears North
70 degrees 43 minutes 15 seconds West. 30.43 feet to a one-half inch iron rod with yellow cap
stamped “JBI” found for corner;
North 22 degrees 47 minutes 35 seconds West, 380.79 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
Northeasterly, 342.19 feet along a curve to the right, having a central angle of 83 degrees
25 minutes 46 seconds, a radius of 235.00 feet, a tangent of 209.49 feet, North 18 degrees 55
minutes 18 seconds East, 312.75 feet to a one-half inch iron rod with yellow cap stamped “JBI”
found for corner;
North 60 degrees 38 minutes 12 seconds East, at 43.98 feet passing a one-half inch iron
rod with yellow cap stamped “JBI” found, in all a total distance of 47.48 feet to a one-half inch
iron rod with yellow cap stamped “JBI” set for corner;
THENCE South 74 degrees 21 minutes 48 seconds East, 21.21 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE South 29 degrees 21 minutes 48 seconds East, 136.53 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southeasterly, 22.35 feet along a curve to the right, having a central angle of 02 degrees
33 minutes 39 seconds, a radius of 500.00 feet, a tangent of 11.18 feet and whose chord bears
South 28 degrees 04 minutes 59 seconds East, 22.34 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 26 degrees 48 minutes 10 seconds East, 426.01 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE South 18 degrees 11 minutes 50 seconds West, 21.21 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE South 63 degrees 11 minutes 50 seconds West, 13.89 feet to the POINT OF
BEGINNING and containing 173,838 square feet or 3.991 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
53
Exhibit A – Page 10
103716.4
and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
(TRACT 2)
LEGAL DESCRIPTION
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 also being all of that called 0.009 acre tract
described in deed to TOMFRIM TRIBUTE, LP as recorded in Document Number 2020-58463,
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 in the East right-
of-way line of Scotty’s Lake Lane as recorded in Document Number 2019-67, Official Public
Records of Denton County, Texas;
THENCE North 42 degrees 18 minutes 03 seconds West, 5.00 feet to a one-half inch iron rod with
yellow cap stamped “JBI” set for corner;
THENCE Northwesterly, 569.53 feet along a curve to the left, having a central angle of 65 degrees
15 minutes 48 seconds, a radius of 500.00 feet, a tangent of 320.15 feet, and whose chord bears
North 74 degrees 55 minutes 57 seconds West, 539.24 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 72 degrees 26 minutes 08 seconds West, 756.95 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE Southwesterly, 115.32 feet along a curve to the left, having a central angle of 11 degrees
47 minutes 57 seconds, a radius of 560.00 feet, a tangent of 57.87 feet, and whose chord bears
South 66 degrees 32 minutes 10 seconds West, 115.12 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
THENCE South 60 degrees 38 minutes 12 seconds West, 189.66 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE South 55 degrees 52 minutes 22 seconds West, 60.21 feet to a one-half inch iron rod
with yellow cap stamped “JBI” set for corner;
THENCE South 60 degrees 38 minutes 12 seconds West, 62.48 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found in the east line of that called 44.155 acre tract of land
described in deed to TP Westbury IV, as recorded in Document Number 2020-68455 Official
Public Records of Denton County, Texas;
THENCE along the east line of said 44.155 acre tract as follows:
54
Exhibit A – Page 11
103716.4
Southwesterly, 157.62 feet along a curve to the left, having a central angle of 31 degrees
41 minutes 12 seconds, a radius of 285.00 feet, a tangent of 80.88 feet, and whose chord bears
South 44 degrees 47 minutes 36 seconds West, 155.61 feet to a one-half inch iron rod with yellow
cap stamped “JBI” set for corner;
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 Lot 1, Block A School
Site, an addition to the City of The Colony, as recorded in Document Number 2019-196, Denton
County Plat Records;
THENCE along the north line of said Lot 1, Block A as follows:
55
Exhibit A – Page 12
103716.4
South 32 degrees 17 minutes 59 seconds West, 273.13 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 47 degrees 41 minutes 57 seconds West, 88.09 feet to the POINT OF BEGINNING
and containing 1,273,097 square feet or 29.226 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.
56
Exhibit B – Page 13
103716.4
Exhibit "B"
Development Regulations
The property described on Exhibit "A" and known as Westbury Phases 4 and 6 (the "Property") shall be developed for single family
development in accordance with the regulations on this Exhibit "B" applicable to the Westbury village and the Development Plan on
Exhibit "C" which shall also serve as the Concept Plan for such property. The tables below reflect the zoning for all residential villages
in PD-18 and PD-23 as they exist on the date of this Ordinance. These tables do not contain substantive amendments to PD-18 or PD-
23 with the exception of the property described on Exhibit "A".
Village Name* Aberdeen Westbury Stonehaven Balmerino The Lochs & Tullamore Meadows The Glen The Gardens Somerset Waterford Point Min.
Lot
Width
50' 60' 50' 41' 40'
Alley
50’
60’ 50' 60' 80’ 60’ 75' 80' 50'
(zero lot
line)
60’ 40'
Alley
(zero
lot
line)
55'
(zero
Lot
line)
48' 55' 65' 76'
Min. Lot
Area (SF)
5000 7000 5000 4400 4400 5000 7000 5000 7000 12000 7000 9000 12000 4750 6000 4400 6200 5000 6200 7400 9000
Min. Lot
Depth
100' 110' 100' 110' 120' 100’ 110’ 100' 110' 120’ 110’ 110' 120' 100' 100’ 120' 120' 110' 120' 120' 120'
Min. Lot
Depth on
Curve
95' 95' 95' 95' 95' 95’ 95’ 95' 95' 110’ 95’ 95' 110' 95' 95’ 95' 95' 95' 95' 95' 95'
Min.
Front
Setback
15' 15' 15' 15' 14' 15’ 15’ 15' 15' 25’ 15’ 20' 25' 15' 15’ 14' 15' 15' 15' 15' 20'
Min.
Garage
Setback
20' 20' 20' 20' 18' 20’ 20’ 20' 20' 25’ 20’ 20' 25' 20' 20’ 18' 20' 20' 20' 20' 20'
Min. Side
Setback
5' 5' 5' 5' 5' 5’ 5’ 5' 5' 8’ 5’ 7.5' 8' 3'/7' 5’ 0'/10' 0'/10' 5' 5' 5' 5'
Min. Side
Setback on
Corner
10' 10' 10' 10' 10' 10’ 10’ 10' 10' 15’ 10’ 15' 15' 10' 10’ 10' 10' 10' 10' 10' 10'
57
Exhibit B – Page 14
103716.4 Village Name* Aberdeen Westbury Stonehaven Balmerino The Lochs & Tullamore Meadows The Glen The Gardens Somerset Waterford Point Min. Rear
Setback
15' 15' 15' 15' 15' 15’ 15’ 15' 15' 20’ 15’ 20' 20' 10' 15’ 15' 15' 15' 15' 15' 20'
Min. Rear
Setback
for Patio
Covers /
Gazebos
5' 5' 5' 5' 5' 5’ 5’ 5' 5' 8’ 5’ 8' 8' 5' 5’ 5' 5' 5' 5' 5' 5'
Max. Lot
Coverage
(does not
include
patio
covers &
gazebos)
55% 55% 55% 60% 60% 55% 55% 55% 55% 55% 55% 55% 55% 60% 60% 60% 60% 60% 60% 55% 55%
Garage
parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Driveway
Parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Max.
Residential
Building
Height
40' 40' 40' 40' 40' 40’ 40’ 40' 40' 40’ 40’ 40' 40' 40' 40’ 40' 40' 40' 40' 40' 40'
58
Exhibit B – Page 15
103716.4
Village Name* Single Family Rentals - 23.866 acres in
Tract 1A of PD 23 Single family rental units (multi-family greencourt now
known as Cove Bay)
[This column applies if
Tract 1A is developed with multi-family
greencourt use]
Min. Lot Width 80'
Min. Lot Area (SF) 5 acres
Min. Lot Depth 120'
Min. Lot Depth on Curve 120'
Min. Front Setback 20'
Min. Garage Setback None
Min. Side Setback 5'
Min. Side Setback on Corner 20'
Min. Rear Setback 5'
Min. Rear Setback for Patio Covers / Gazebos 5'
Max. Lot Coverage 75% (does not include patio covers and gazebos)
Garage parking (min. # of spaces) 2
Driveway Parking (min. # of spaces) None, but 0.5 guest spaces per unit required onsite
Max. Residential Building Height 2 stories and 36'
Other 166 units maximum
15% open space minimum
*See the map on this exhibit for each Village referenced in the chart above. The map is attached only for the purpose of showing
Village names and locations, and all other information on the map is informational only and subject to change.
Notes to Tables above:
1. Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the
front building line, whichever is higher, to the highest point of the roof.
2. Lots designed as a 40-foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14
feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall
also be accommodated as parallel parking on the street in front of the home. All other standards for the 40-foot alley product
shall be as noted for Somerset and Westbury above.
3. Chimney and bay window encroachments will be allowed a maximum of two feet into the front and side yards. Where a
minimum five-foot side yard setback is required, side yard encroachments on common property lines must be separated by a
59
Exhibit B – Page 16
103716.4
minimum 20-foot clearance between combustible overhangs and/or walls. The measurement will be parallel to the common
property line.
4. The minimum house size for all Villages except Waterford Point, Westbury, and excluding single family rentals, is 2,000 square
feet.
5. The minimum house size for single family rentals is 1,795 square feet.
6. The minimum house size for Waterford Point with a minimum 48-foot front lot width shall be 1,600 square feet.
7. The minimum house size for Waterford Point with a minimum 55-foot front lot width shall be 1,800 square feet.
8. The minimum house size for Westbury on a lot with a minimum 41-foot front lot width and a 40-foot alley lot width shall be
1,800 square feet. The minimum house size for all other lots shall be 2,000 square feet.
9. The minimum garage size for Westbury Phase 4 and Westbury Phase 6 shall be 370 square feet. Tandem garages are permitted
without limitation and regardless of lot size in Westbury Phase 4 and Westbury Phase 6.
10. Villages that show more than one lot type in the table above may be developed with any of the lot types shown, and development
regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat.
11. Each Village shall be allowed to have model homes. Lots identified as model home locations may be developed in accordance
with any of the development regulations in this chart that apply to the applicable village.
PD -18 & PD-23 HISTORY:
For informational purposes only, the following is a list of ordinances adopting and amending PD-18 and PD-23 through the date of this
ordinance:
1. Original Ordinance 00-1245 (adopted 11/6/2000) established zoning for PD-18 (The Tribute).
2. Ordinance 06-1700 (adopted 12/4/2006) rezoned 25 acres, restricted single family and golf villa height not to exceed 40 feet,
and allowed two-foot chimney and bay window encroachments and batch plants.
3. Ordinance 07-1745 (adopted 12/3/2007) established development standards.
4. Ordinance 09-1798 (adopted 3/2/2009) added the following definition for Height: Height shall mean the vertical distance of a
building measured from the average established grade at the street line or from the front building line, whichever is higher, to
the highest point of the roof.
5. Ordinance 2012-1982 (adopted 10/2/2012) changed development standards for Balmerino.
6. Original Ordinance 09-1802 (adopted 4/6/2009) established zoning for PD-23.
7. Ordinance 09-1823 (adopted 8/17/2009) added 40 acres of mixed use to PD-23.
8. Ordinance 09-1824 (adopted 8/17/2009) added 4.8 acres of mixed use to PD-23.
8. Ordinance 2012-1964 changing the sign regulations for PD-18 and PD-23.
9. Ordinance 2013-2023 (adopted 9/3/13) changed the development standards for Aberdeen, Westbury, Stonehaven, Balmerino,
Lochs, Tullamore Meadows, Glen and The Gardens.
10. Ordinance 2014-2057 (adopted 3/4/2014) provided for temporary batch plants.
60
Exhibit B – Page 17
103716.4
11. Ordinance 2015-2176 (adopted 11/17/2015) added development standards for Tribute West (now known as Waterford Point).
12. Ordinance 2019-2351 (adopted 2/19/2019) changed development standards for Westbury.
13. Ordinance 2021-2442 (adopted 7/2/21) rezoned 23.866 acres in Tract 1 to Tract 1A - single family rental units (multi-family
greencourt).
14. Ordinance 2021-2451 (adopted 10/6/21) established site plan for 166 single family rental units on 23.866 acres – Tract 1A.
61
Exhibit C – Page 18
103716.4
Exhibit "C"
Westbury Phase 6 Development Plan
62
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
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 -18
(PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B “Development
Regulations for PD-18 and PD-23,” updating the Concept Plan illustration, establishing a mixed single-family
(traditional detached single-family and townhome) development plan and providing development standards for
“Chelsea Green at the Tribute” an approximately 29.691 acre area located southwest of the intersection of the
intersection of Bridge Lane and Lebanon Road within the Tribute Community. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation
Attachments:
PDA21-0001.pdf
Ordinance attachments (final for PZ-CC).pdf
Chelsea Green PD Amendment Narrative 02.24.22.pdf
PDA21-0001 Staff Report-PD18-23 Tribute PD Amendment Chelsea Green
Ord. 2022-xxxx Chelsea Green PD.DOCX
63
BRIDGELN
L I N K S
LEBANONRD1001
2800 2808 2816275627682776
7601272827202712
27482740
2704
P D 1 8
AA
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP21-0010 - Project Name: Chelsea Green @ T he Trib ute
Che lse a Gree n Tr ib ut e
Agr icul tu ral
Pla nn e d Deve lo pme nt 1 8
SubjectArea
64
65
66
67
68
CITY COUNCIL REPORT
AGENDA DATE: April 5, 2022
DEPARTMENT: Development Services Department
SUBJECT: PDA21-0001 Chelsea Green at the Tribute - Tribute Planned Development
Amendment
Conduct a public hearing, discuss and consider an ordinance for amend ments to Planned Development -
18 (PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B
“Development Regulations for PD-18 and PD-23,” updating the Concept Plan illustration, establishing a
mixed single-family (traditional detached single-family and townhome) development plan and providing
development standards for “Chelsea Green at the Tribute” an approximately 29.691 acre area located
southwest of the intersection of the intersection of Bridge Lane and Lebanon Road wit hin the Tribute
Community.
OWNER/APPLICANT
Developer/Owner: The Tribute LLC Lewisville, Texas
Applicant: JBI Partners, Inc Addison, TX
EXISTING CONDITION OF PROPERTY
Planned Development 18 and 23 aka The Tribute and The Tribute West PD is predominately
developed as a traditional residential single-family detached community, with accompanying
golf course and other common area amenities.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to establish Chelsea Green.
PROPOSED REQUEST
Mathews Southwest (the master developer) has proposed an amendment to the Tribute Planned
Development by establishing an area of mixed residential referred to as Chelsea Green. Chelsea
Green contains approximately 29.691 acres comprised of two distinct areas of residential
development and a third area for future development (undefined). 4.98 acres are dedicated to the
development of 17 single-family detached units; 19.4 acres are dedicated to the development of
147 Townhome units. The remaining acreage is predominately along the southernmost portion of
the development and use and layout is undefined at this time.
The Planned Development Amendment is required to implement this development as the
property is presently identified with a less defined mixed residential context, stated specifically
as “Golf Villa, Condo, and Townhome.” The single-family detached lots are proposed to be
developed with the same or similar standards as within the existing neighborhoods. These
standards are outlined in PD-23 and the community CC&R’s. The Townhome units will have
architectural development standards established unique to the structure type. Each development
type will be consistent with the context of the architectural requirements within the Tribute’s
overall Design Review Guidelines and more fully represented through development agreement .
The conceptual layout and delineation of the proposed uses, landscape and architectural elements
are reflected in this amendment, a Site Plan further refining the overall development will follow
the consideration this amendment.
69
Chelsea Green is physically located within the PD-18 portion of the community. However, the
proposed ordinance updates the Development Regulations and the “community map” reflecting
development within Planned Development-18 (PD-18) and Planned Development-23 (PD-23).
The following development regulations shall apply only to land located within the area identified
as Chelsea Green and as described by exhibits of the proposed ordinance:
Chelsea Green (Single-Family Detached)
Minimum Lot Width 60’
Minimum Lot Area (SF) 7,000
Minimum Lot Depth 110’
Minimum Lot Depth on Curve 95’
Minimum Front Setback 15’
Minimum Garage Setback 20’
Minimum Side Setback 5’
Minimum Side Setback on Corner 10’
Minimum rear Setback 15’
Minimum Rear Setback for Patio
Covers / Gazebos
5’
Maximum Lot Coverage (excluding
patio covers & gazebos)
55%
Garage parking (minimum number
of spaces)
2
Driveway Parking (minimum
number of spaces)
2
Maximum Residential Building
Height
40”
Chelsea Green –Town Homes
Min. Lot Width 25'
Min. Lot Area (SF) 1,800 SF
Min. Lot Depth 73'
Min. Lot Depth on Curve 73'
Min. Front Setback 10' facing street, 5' facing a green, 5' for a
covered front porch
Min. Garage Setback None
Min. Side Setback 0' on interior side yard
Min. Side Setback on Corner 5' on corner side yard
Min. Rear Setback 8'
Min. Rear Setback for Patio Covers /
Gazebos
None
Max. Lot Coverage 83% (includes patio covers and gazebos)
Garage parking (min. # of spaces) 2
Driveway Parking (min. # of spaces) None
Max. Residential Building Height 40'
Other N/A
70
Community Map
Concept Site Layout Plan
71
Conceptual Open Space Plan
Conceptual Elevations
72
NOTIFICATION
Notice for this Public Hearing was published in The Dallas Morning News on March 19, 2022.
In addition, 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 March 19, 2022 to adjacent property owners. No comments
either for or against the Planned Development Amendment were received as of printing of this
packet.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to establish Chelsea Green.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the proposed amendment.
ATTACHMENTS
1. Location Map
2. Proposed Amending Ordinance (exhibits)
3. Project Narrative
73
Page 1
2155.013\103053.8
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - _________
(CHELSEA GREEN)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 18 (PD-18)
BY AMENDING THE DEVELOPMENT STANDARDS AND
DEVELOPMENT PLAN FOR THE APPROXIMATELY 29.691-ACRE
TRACT OF LAND DESCRIBED IN EXHIBIT "A" AND COMMONLY
REFERRED TO AS THE CHELSEA GREEN DEVELOPMENT;
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 property described on Exhibit A is currently zoned planned development
18 (PD-18); and
WHEREAS, the City Council approved the Planned Development zoning for PD-18 on
November 6, 2000 by adopting Ordinance No. 00-1245, and has adopted several subsequent
amendments to that ordinance; and
WHEREAS, the applicant has made a request to amend the development standards and
development plan as reflected on Exhibits B and C for the approximately 29.691-acre tract of land
described on the attached Exhibit A and known as Chelsea Green; and
WHEREAS, after discussion and consideration, the City Council has determined that the
revised development standards on Exhibit B and revised development plan on Exhibit C should be
approved.
NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That PD-18 is hereby amended for the property described on Exhibit A to
change the development standards as shown on Exhibit B and to change the Development Plan as
shown on Exhibit C which shall also serve as the Concept plan for the property described on
Exhibit A, which exhibits are attached hereto and incorporated herein for all purposes. An updated
development standards table for PD-18 and PD-23 that has been reformatted, but includes no
amendments for property other than the property described on Exhibit A, is included as part of
Exhibit B to facilitate the administration of PD-18 and PD-23.
SECTION 2. 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
74
Page 2
2155.013\103053.8
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
Comprehensive Zoning Ordinance as a whole.
SECTION 3.That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD-18, as
amended.
SECTION 4.That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and all ordinances establishing and amended PD 18, shall remain in full force and effect, save and
except as amended by this ordinance.
SECTION 5.That any person, firm, or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the code of
Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall
be punished by a fine not to exceed the 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 6. 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH DAY OF APRIL 2022.
APPROVED:
Richard Boyer, Mayor
City of The Colony, Texas
75
Page 3
2155.013\103053.8
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
76
Exhibit A – Page 1
2155.013\103053.8
Exhibit A
Metes and Bounds Description Chelsea Green
(29.691 Acres Total)
LEGAL DESCRIPTION
BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the
T.D. Luckett Survey, Abstract No.752, a part of the S. Payton Survey, Abstract No. 1009, and
being all of that called 29.691 acre tract of land described in deed to MM-MSW TRIBUTE, L.P.,
as recorded in County Clerk’s Document Number 2021-30490 and Document Number 2021-
36906, Denton County Deed Records, and being further described as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found at the northeast
corner of said 29.691 acre tract, said point also being at the intersection of the south right-of-way
line of Bridge Lane (a variable width right-of-way at this point) dedicated by plat Bridge Lane
Addition, an addition to the City of The Colony as recorded in Document Number 2018-93, Denton
County Plat Records, with the west right-of-way line of Lebanon Road (a 120 foot wide right-of-
way) according to the plat recorded in Cabinet W, Page 268, Denton County Plat Records;
THENCE Southwesterly, 1066.00 feet along the west right-of-way line of Lebanon Road
following a curve to the left having a central angle of 29 degrees 38 minutes 57 seconds, a radius
of 2,060.00 feet, a tangent of 545.22 feet, and whose chord bears South 17 degrees 18 minutes 25
seconds West, 1054.15 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for
corner, said point being the southeast corner of said 29.691 acre tract;
THENCE South 89 degrees 18 minutes 15 seconds West, 1,294.56 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found at the southwest corner of said 29.691 acre tract, said point
also being the southeast corner of Lot 1, Block A, The Tribute New Course, an addition to the City
of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records;
THENCE along the west line of said 29.691 acre tract and along the east line of said Lot 1, Block
A as follows:
North 38 degrees 20 minutes 39 seconds East, 785.84 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Northeasterly, 172.12 feet along a curve to the left which has a central angle of 49
degrees 18 minutes 36 seconds, a radius of 200.00 feet, a tangent of 91.80 feet, and whose chord
bears North 13 degrees 41 minutes 21 seconds East, 166.86 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 10 degrees 57 minutes 57 seconds West, 659.28 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner, said point being the northwest corner of said
29.691 acre tract, said point being the northeast corner of said Lot 1, said point also being in the
south right-of-way line of Bridge Lane;
THENCE along the north line of said 29.691 acre tract and along the south right-of-way line of
Bridge Lane as follows:
77
Exhibit A – Page 2
2155.013\103053.8
South 66 degrees 33 minutes 04 seconds East, 32.85 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 64 degrees 30 minutes 22 seconds East, 322.00 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 436.78 feet along a curve to the left which has a central angle of 26
degrees 04 minutes 06 seconds, a radius of 960.00 feet, a tangent of 222.24 feet, and whose chord
bears South 77 degrees 32 minutes 24 seconds East, 433.02 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 89 degrees 25 minutes 33 seconds East, 112.90 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 301.35 feet along a curve to the right which has a central angle of 34
degrees 31 minutes 54 seconds, a radius of 500.00 feet, a tangent of 155.41 feet, and whose chord
bears South 73 degrees 18 minutes 30 seconds East, 296.81 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 56 degrees 02 minutes 33 seconds East, 70.35 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 11 degrees 46 minutes 54 seconds East, 35.81 feet to the POINT OF BEGINNING
and containing 1,293,349 square feet or 29.691 acres of land.
Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton
County Plat Records.
78
Exhibit B – Page 1
2155.013\103053.8
Exhibit B
Development Regulations
The property described on Exhibit A and known as the Chelsea Green development (the "Property") shall be developed in accordance
with the regulations on this Exhibit B, and the Development Plan on Exhibit C which shall also serve as the Concept Plan for such
property. Building materials and architectural standards for townhomes on the Property shall be governed and enforced exclusively
pursuant to a development agreement between the developer and the City.
The tables below reflect the zoning for all residential villages in PD-18 and PD-23 as they exist on the date of this Ordinance. These
tables do not contain substantive amendments to PD-18 or PD-23 with the exception of the Chelsea Green 29-acre development
described on Exhibit A.Village Name*AberdeenWestbury StonehavenBalmerino The Lochs, Chelsea Green, &Tullamore MeadowsThe Glen The GardensSomerset Waterford Point Min.
Lot
Width
50'60'50'41'40'
Alley
50’60’50'60'80’60’75'80'50'
(zero
lot
line)
60’40'
Alley
(zero
lot
line)
55'
(zero
Lot
line)
48'55'65'76'
Min. Lot
Area (SF)
5000 7000 5000 4400 4400 5000 7000 5000 7000 12000 7000 9000 12000 4750 6000 4400 6200 5000 6200 7400 9000
Min. Lot
Depth
100'110'100'110'120'100’110’100'110'120’110’110'120'100'100’120'120'110'120'120'120'
Min. Lot
Depth on
Curve
95'95'95'95'95'95’95’95'95'110’95’95'110'95'95’95'95'95'95'95'95'
Min.
Front
Setback
15'15'15'15'14'15’15’15'15'25’15’20'25'15'15’14'15'15'15'15'20'
Min.
Garage
Setback
20'20'20'20'18'20’20’20'20'25’20’20'25'20'20’18'20'20'20'20'20'
79
Exhibit B – Page 2
2155.013\103053.8Village Name*AberdeenWestbury StonehavenBalmerino The Lochs, Chelsea Green, &Tullamore MeadowsThe Glen The GardensSomerset Waterford Point Min. Side
Setback
5'5'5'5'5'5’5’5'5'8’5’7.5'8'3'/7'5’0'/10'0'/10'5'5'5'5'
Min. Side
Setback on
Corner
10'10'10'10'10'10’10’10'10'15’10’15'15'10'10’10'10'10'10'10'10'
Min. Rear
Setback
15'15'15'15'15'15’15’15'15'20’15’20'20'10'15’15'15'15'15'15'20'
Min. Rear
Setback
for Patio
Covers /
Gazebos
5'5'5'5'5'5’5’5'5'8’5’8'8'5'5’5'5'5'5'5'5'
Max. Lot
Coverage
(does not
include
patio
covers &
gazebos)
55%55%55%60%60%55%55%55%55%55%55%55%55%60%60%60%60%60%60%55%55%
Garage
parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Driveway
Parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Max.
Residential
Building
Height
40'40'40'40'40'40’40’40'40'40’40’40'40'40'40’40'40'40'40'40'40'
80
Exhibit B – Page 3
2155.013\103053.8
Village Name*Chelsea Green –
Town Homes
Single Family Rentals - 23.866 acres in
Tract 1A of PD 23 Single family rental units (multi-
family greencourt now known as Cove Bay)
[This column applies if
Tract 1A is developed with multi-family
greencourt use]
Min. Lot Width 25'80'
Min. Lot Area (SF)1,800 SF 5 acres
Min. Lot Depth 73'120'
Min. Lot Depth on Curve 73'120'
Min. Front Setback 10' facing street, 5' facing a green, 5' for a covered front porch 20'
Min. Garage Setback None None
Min. Side Setback 0' on interior side yard 5'
Min. Side Setback on Corner 5' on corner side yard 20'
Min. Rear Setback 8'5'
Min. Rear Setback for Patio Covers / Gazebos None 5'
Max. Lot Coverage 83% (includes patio covers and gazebos)75% (does not include patio covers and gazebos)
Garage parking (min. # of spaces)2 2
Driveway Parking (min. # of spaces)None None, but 0.5 guest spaces per unit required onsite
Max. Residential Building Height 40'2 stories and 36'
Other N/A 166 units maximum
15% open space minimum
*See the map on this exhibit for each Village referenced in the chart above. The map is attached only for the purpose of showing Village
names and locations, and all other information on the map is informational only and subject to change.
Notes to Tables above:
1. The following are the only landscaping requirements for Chelsea Green:
a. For a townhome use, there shall be a minimum of one 4-inch caliper tree for every two townhome lots.
b. For a single family detached use, there shall be a minimum of two 4-inch caliper trees in the front yard of each single
family detached residential lot.
c. Yards adjacent to streets shall be turfed with hydromulch or sod.
d. An acceptable means of soil erosion in the rear and side yards shall be provided.
e. Landscaping throughout the development shall include the use of similar materials and products to create a consistent
image and level of quality. This will be reflected in primary entry areas, secondary entry points, amenity centers, and
throughout the development with special identifiers and signage.
81
Exhibit B – Page 4
2155.013\103053.8
2. Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the
front building line, whichever is higher, to the highest point of the roof.
3. Lots designed as a 40-foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14
feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall
also be accommodated as parallel parking on the street in front of the home. All other standards for the 40-foot alley product
shall be as noted for Somerset and Westbury above.
4. Chimney and bay window encroachments will be allowed a maximum of two feet into the front and side yards. Where a
minimum five-foot side yard setback is required, side yard encroachments on common property lines must be separated by a
minimum 20-foot clearance between combustible overhangs and/or walls. The measurement will be parallel to the common
property line.
5. The minimum house size for all Villages except Chelsea Green, Waterford Point, Westbury, and excluding single family rentals,
is 2,000 square feet.
6. The minimum house size for single family rentals is 1,795 square feet.
7. The minimum house size for Waterford Point with a minimum 48-foot front lot width shall be 1,600 square feet.
8. The minimum house size for Chelsea Green townhomes is 1,200 square feet, and the minimum house size for Chelsea Green
single family detached is 2,000 square feet.
9. The minimum house size for Waterford Point with a minimum 55-foot front lot width shall be 1,800 square feet.
10. The minimum house size for Westbury on a lot with a minimum 41-foot front lot width and a 40-foot alley lot width shall be
1,800 square feet. The minimum house size for all other lots shall be 2,000 square feet.
11. The minimum garage size for Chelsea Green (townhomes and single family detached) shall be 370 square feet.
12. Villages that show more than one lot type in the table above may be developed with any of the lot types shown, and development
regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat.
13. Each Village shall be allowed to have model homes. Lots identified as model home locations may be developed in accordance
with any of the development regulations in this chart that apply to the applicable village.
14. For the Chelsea Green 29-acre property described on Exhibit A, the following apply:
a. The exterior façade of each single family detached home in Chelsea Green shall follow the masonry requirements
applicable to The Lochs and Tullamore Meadows.
b. Street trees may be located either within a townhome platted lot or within the adjacent right-of-way, and either location
shall satisfy landscaping requirements. In areas where a townhome fronts to a common area, street trees may either be
allowed in the platted lot or in the common area.
c. A single family detached lot on a curve or a cul-de-sac may be 55 feet in width as long as the lot area meets the minimum
area square footage. A single family detached lot on a curve or cul-de-sac may be 95 feet in depth as long as the lot area
meets the minimum area square footage.
d. Outdoor living areas, whether the area is covered by a roof which is integrated into the house or not, shall not count
towards lot coverage.
82
Exhibit B – Page 5
2155.013\103053.8
PD -18 & PD-23 HISTORY:
For informational purposes only, the following is a list of ordinances adopting and amending PD-18 and PD-23 through the date of this
ordinance:
1. Original Ordinance 00-1245 (adopted 11/6/2000) established zoning for PD-18 (The Tribute).
2. Ordinance 06-1700 (adopted 12/4/2006) rezoned 25 acres, restricted single family and golf villa height not to exceed 40 feet,
and allowed two-foot chimney and bay window encroachments and batch plants.
3. Ordinance 07-1745 (adopted 12/3/2007) established development standards.
4. Ordinance 09-1798 (adopted 3/2/2009) added the following definition for Height: Height shall mean the vertical distance of a
building measured from the average established grade at the street line or from the front building line, whichever is higher, to
the highest point of the roof.
5. Ordinance 2012-1982 (adopted 10/2/2012) changed development standards for Balmerino.
6. Original Ordinance 09-1802 (adopted 4/6/2009) established zoning for PD-23.
7. Ordinance 09-1823 (adopted 8/17/2009) added 40 acres of mixed use to PD-23.
8. Ordinance 09-1824 (adopted 8/17/2009) added 4.8 acres of mixed use to PD-23.
8. Ordinance 2012-1964 changing the sign regulations for PD-18 and PD-23.
9. Ordinance 2013-2023 (adopted 9/3/13) changed the development standards for Aberdeen, Westbury, Stonehaven, Balmerino,
Lochs, Tullamore Meadows, Glen and The Gardens.
10. Ordinance 2014-2057 (adopted 3/4/2014) provided for temporary batch plants.
11. Ordinance 2015-2176 (adopted 11/17/2015) added development standards for Tribute West (now known as Waterford Point).
12. Ordinance 2019-2351 (adopted 2/19/2019) changed development standards for Westbury.
13. Ordinance 2021-2442 (adopted 7/2/21) rezoned 23.866 acres in Tract 1 to Tract 1A - single family rental units (multi-family
greencourt).
14. Ordinance 2021-2451 (adopted 10/6/21) established site plan for 166 single family rental units on 23.866 acres – Tract 1A.
83
Exhibit B – Page 6
2155.013\103053.8
84
Exhibit C – Page 1
2155.013\103053.8
Exhibit C
Chelsea Green Concept Plan & Development Plan including Open Space Plan
85
Exhibit C – Page 2
2155.013\103053.8
86
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: April 5, 2022
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 -16
(PD-16) Ordinance No.99-1129 and as amended by Ordinance No. 2020-2397 by modifying Exhibit B
“Development Standards” and Exhibit C “Site Exhibit,” to increase the height of the existing billboard from 42.5
feet to 70 feet. The subject site is located at 5733 SH121 within Lot 5A, Block A (Village at 121 shopping center)
within the Planned Development-16 District and Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
PDA22-0002.pdf
PDA22-0002 CC Staff report Village at 121 Billboard Height amendment.pdf
Ordinance attachments.pdf
Two Clearchannel.pdf
Ord. 2022-xxxx PD16 Village at 121 Billboard Height.docx
87
SPRINGCREEKPKWYEXITSOUTH COLONY EXITSH 121SAM RAYBURN TOLLWAYNFM DR / SOUTH COLONY EXIT5745PD16
P D 2 5
Loy alt yLiquorGasStation
Dic key'sBBQ
Evergreen atMorningstar
SpiritHalloween
SleepExperts
ShakaHawaiianBBQ
Abuelo's
The T hirst yGrowler
UPSStore
BlueSciencePools
NailsMakeoverStinky'sSmokeShop
Geico
AkiraBack
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . PDA 22-0002 - Project Name: Billbo ard Height
PDA2 2 -00 0 2 B il lb oa rd He ig ht
Pla nn e d Deve lo pme nt 1 6
Pla nn e d Deve lo pme nt , P D25
SubjectArea
88
CITY COUNCIL REPORT
AGENDA DATE: April 5, 2022
DEPARTMENT: Development Services Department
SUBJECT: PDA22-0002 Billboard Height- PD16 Planned Development Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development Planned Development -16 (PD-16) Ordinance No.99-1129 and as amended by
Ordinance No. 2020-2397 by modifying Exhibit B “Development Standards” and Exhibit C “Si te
Exhibit,” to increase the height of the existing billboard from 42.5 feet to 70 feet. The subject site is
located at 5733 SH121 within Lot 5A, Block A (Village at 121 shopping center) within the Planned
Development-16 District and Gateway Overlay District.
OWNER/ENGINEER
Owner: Ron Aveneri Dallas, Texas
Applicant: L. Lynn Kadleck Plano, Texas
EXISTING CONDITION OF PROPERTY
Planned Development 16 is an approximately 260 -acre zoning district bound by SH 121 to the
South, Memorial Drive to the North, Paige Road to the West and the BNSF Railroad to the East.
The PD is divided into Tract s A, B, C, D and E with land uses permitted within the Business Park
(BP) and General Retail (GR) district. The area is mostly developed with some vacant areas left
within Tracts B, D and E.
The subject site is located within Tract D between South Colony Boulevard and Morning Star
Drive. This tract contains the Village at 121 commercial development, which features restaurants,
retail and office establishments, in all, approximately 23 acres under single ownership within the
district.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to increase the height of the existing billboard on Lot 5A, Block A an increased height
from 42.5 feet to 70 feet.
PROPOSED REQUEST
Originally PD-16 zoning was adopted in 1999. Since then, several amendments have been approved
for this PD allowing specific design standards and land use updates.
This text amendment is to allow an existing billboard containing approximately 672 square foot on
Lot 5A, Block A, Tract D to have an increased height from 42.5 feet to 70 feet. The applicants
proposed amendment does not modify the sign development standards approved with the previous
amendment applicable to the development of the sign and does not modify any current or future
uses on the site.
The applicant has indicated that the intent of the signage will be to offer greater on-premises
messaging for establishments within the Village at 121 development in addition to off-premises
messaging for establishments elsewhere within the City.
89
2
BACKGROUND
The original Planned Development-16 (Ordinance 99-1129) and subsequent amendments are silent
on signage regulations for the site, thus the citywide signage regulations prevail.
Section 6-263, as amended, defines billboard as the following:
“A large freestanding sign, generally supported by a metal frame, and generally
consisting of two parallel sign faces which are ori ented in opposite directions,
used for the display of posters, printed, digital, or painted advertisements. The
term "billboard" excludes other signs further defined in this article.”
Section 6-258 lists billboard sign types, as defined above, as prohibited within the City.
Consequently, the City has a limited number of billboard signs; i ncluding the subject sign, the City
currently has six (6) billboard signs. Two (2) signs permitted with the creation of a unified
development site (Planned Development-25 aka Grandscape, south of the subject site). A third sign
is considered non-conforming and existed prior to the current prohibition of billboard signs. Then
two (2) recently approved billboards have been constructed along SH 121 (these signs were
submitted and approved prior to the updated definition in Section 6-258).
CONSIDERATIONS
1. March 10, 2020 The Planning and Zoning Commission voted (7-0) to recommend approval
with conditions amendments to Planned Development -16 to permit and provide
development standards for billboard signage on the site. May 5, 2020, the City Council
approved (4-3) amendments to Planned Development-16 with the conditions of the Planning
and Zoning Commission to allow the existing billboard.
2. The proposed amendment intends to increase the approximately 672 square-foot digital sign
to a maximum height of 70 feet; the existing sign dimensions of 48 feet (wide) by 14 feet
(tall) will remain unchanged. The support will remain as a single pole clad in brick
consistent with the color and style present on the primary building façade and the existing
on-premises pylon signs to the west.
The proposed amendment provides a site plan reflecting the location of the billboard and an
updated narrative with supporting illustrations regarding the proposed height increase. The
applicant intends to keep the billboard as currently oriented (perpendicular to the Service
Road, extending to the north over an existing drive aisle at the easternmost of three SH 121
access points to the site , midway between the South Colony Drive Diverging Diamond
Interchange (DDI) and Morning Star Drive).
3. The applicant indicates that the 42.5 foot sign height, is insufficient to message in
accordance with the intent of the signage specifically to eastbound traffic from the west.
Given further spatial re-evaluation from the original submittal, visibility of the signage from
the west is encumbered by the Diverging Diamond Interchange (DDI), and offers only a
marginal amount of additional messaging to the site. The applicant indicates westbound
visibility from SH 121 is limited also due to the varied elevations of the roadway. Staff
observed optimal visibility generally occurs just beyond the South Colony Boulevard NTTA
toll plaza near Morning Star Drive.
90
3
4. Further observation revealed, the presence of the existing freestanding signage, and
billboard signage did not appear to offer an overabundance or excessive amount of
messaging from the site. It has been further noted by the applicant, that approval of other
signs along SH 121 at greater heights than the subject signage, present a significant
disadvantage to the signage at its current configuration.
NOTIFICATION
Notice for this Public Hearing was published in The Dallas Morning News on March 19, 2022. In
addition, 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 March 19, 2022 to adjacent property owners. No comments either for or
against the Planned Development Amendment were received as of printing of this packet.
DEVELOPMENT REVIEW COMMITTEE REVIEW
Staff has no objection to the request as proposed for a Planned Development Amendment to allow
the existing billboard on Lot 5A, Block A an increased height from 42.5 feet to 70 feet.
PRIOR ACTION
The Planning and Zoning Commission voted (6 -0) to recommend approval of the proposed
amendments to increase the height of the existing billboard on Lot 5A, Block A an increased height
from 42.5 feet to 70 feet.
ATTACHMENTS
1. Location Map
2. Proposed Amending ordinance exhibits
3. Written Narrative and Letter of intent
4. Photos
91
VICINITY MAP
NOT TO SCALE
N
Phone (214) 473-4640 2740 Dallas Parkway, Suite 280
Toll Free (888) 937-5150 Plano, TX 75093
TBPE Firm Reg. No. 11756
TBPLS Firm Reg. No. 10074301
92
BILLBOARD SKETCH
93
94
95
TBPLS Firm No. 10074301
March 11, 2022
WPS No: 0008363.00
Planning Department
6800 Main Street
The Colony, Texas 75056
Re:REQUEST FOR AMENDMENT TO ORDINANCE 99-1129 FOR PD-16 FOR
FREE STANDING OFF PREMISES BILLBOARD
LOT 5A, BLOCK A
VILLAGE AT 121 ADDITION
The Colony, Texas
To Whom It May Concern:
Please accept this letter as a request for an amendment to Ordinance No. 99-1129, as amended by
Ordinance No. 2020-2397, to allow for a height up to seventy feet (70’) for an existing Free Standing
Off-Premises Billboard located within Lot 5A, Block A of Village at 121 Addition.
The subject property is located in the northeast corner of State Highway 121 and South Colony
Boulevard. This lot is located within the Village At 121 Addition. The site consists of 3.2 acres of land
with an existing PD-16 zoning classification.
The property has an existing free standing Off-Premises Billboard approved by a prior PD
Amendment, Ordinance No. 2020-2397. This request is to allow for the billboard height to be
increased up to a maximum of seventy (70) feet. The request for the increased height is made to
allow better visibility to the billboard from the roadways. The existing height only affords a very brief
(couple of seconds) view of the billboard from the eastbound lanes of SH 121, due to the existing
bridge obstructing the view, and a limited view from the westbound lanes. The seventy foot height
would allow more time for viewing the billboard from both directions. As understood, the purpose of
the billboard is to enlighten viewers of the facilities located on the property, as well as convey public
information, so the longer viewing time is beneficial for all. There have been several other billboards
along the highway to go to the seventy foot height and higher. Therefore, this is a reasonable request.
The request applicant is Westwood Professional Services. Representative L. Lynn Kadleck can be
reached at (214) 473-4642.
If you have any questions regarding the above items, or need any additional information, please call
me at your convenience. We appreciate this opportunity to work with you.
Sincerely,
L. Lynn Kadleck, P.E.
96
LETTER OF INTENT
AMENDMENT TO ORDINANCE 99-1129 FOR PD-16
FOR BILLBOARD HEIGHT
An amendment to Ordinance number 99-1129, which created PD-16, as amended by
Ordinance No. 2020-2397, is requested to allow a maximum height of seventy feet (70’)
for the Free Standing Off Premises Billboard. The billboard is located within the
boundaries of Tract D of the said ordinance and more specifically within the boundaries
of Lot 5A, Block A of Village at 121 Addition as indicated on the attached copy of Lot 5A
improvements drawing.
The billboard shall have a maximum height of 70 feet. No other changes are to be
made. The support pole is 42 inch diameter. The steel frame mounting is 14 feet high by
48 feet wide for mounting two 14 feet high by 48 feet wide cabinets. The billboard
cantilevers over the parking area as indicated on the attached sketch.
This amendment taken with the previous amendment for allowing the billboard will
control over any conflicts between the provisions of all other ordinances and this
ordinance for PD-16 and amendments thereto. There are sections of the ordinance for
PD-16 that might conflict with the allowance of an Off Premises Billboard and any
provision stipulated in the ordinance for PD-16 will be controlled by this amendment
request. In particular, Section 4, pertaining to the Comprehensive Zoning Ordinance
and Section 8, pertaining to the Comprehensive Plan of the City.
This amendment will control over any conflict with the Development Guidelines of the
SH-121 Corridor as adopted by Resolution No.9612 on July 1, 1996.
This amendment will control over any conflict with the Gateway Overlay District
Regulations, Ordinance No. 2013-2002, adopted May 7, 2013.
97
98
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - _________
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
ORDINANCE NO. 99-1129, AS AMENDED BY ORDINANCE NO. 2020-2397, TO
ALLOW A MAXIMMUM HEIGHT OF SEVENTY FEET (70’) FOR THE FREE
STANDING OFF PREMISES BILLBOARD LOCATED ON LOT 5A, BLOCK A,
VILLAGE AT 121 ADDITION, MORE SPEIFICALLY SHOWN ON EXHIBIT C,
ATTACHED HERETO AND INCORPORATED HEREIN, PROVIDING A
SEVERABILITY CLAUSE, PROVING A SAVINS CLAUSE; PROVIDING A PERNATLY
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE, AND PROVIDING AN EFFCTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City
of the Colony, to publish notice of a public hearing concerning a zoning amendment before the
15th day before the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) f the Code of Ordinanaces of the City of the
Colony, Texas, provides the following, “A public hearing shall be ehld by city coucil befor
adopting any proposed amenndment, suppplement or change. Notice of such hearing shall be given
per the publication policy of the city, stating the time and place of such hearing, and shall be
published a minimum of 15 days prior to the date of the public hearing;” and
WHEREAS,the Planning and Zoning Commission and the City Council of the City of the
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of
the City of the Colony, Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded a full and fair hearing to all property owners generally and to
all persons intersested, and the City Council of the City of the Colony, Texas, is of the opinion and
finds that said changes should be granted, and that the Code of Ordinanaces should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.The finding set foth above are incoroporated into the boidy of this
Ordinance as if fully set forth herein.
SECTION 2.That the maximum height of seventy feet (70’) is allowed for the Free
Standing Off Premises Billboard that was permitted by previous amendment and the development
Standards indicated on Exhibit B attached hereto are amended to indicate this change.
SECTION 3.If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutianl
by a Court of Commpetent jurisdicition, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declars it would have passed such
99
remaining portions of this Ordinance despite such invalidity, which remaing portions shall remian
in full force and effect.
SECTION 4.That all provisions of the ordinanaces of the City of the Colony, Texas, in
conflct with the provisions of this ordinance by, and he same are hereby amended, repleaed, and
all other provisions of the rdinanaces of the City not in conflict with the provisions of this
ordinance shal remain in force and effect.
SECTION 5. Any person, firm or corporation violating any of the provisions of
thisordinanace shall be demed guilty of a misdeamnor and upon conviction in the municipal court
of the City of the Colony, Texa shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate
offense.
SECTION 6. This Ordinance shall become effective from and afer this date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH DAY OF APRIL 2022.
APPROVED:
_____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
100
EXHIBIT A
LEGAL DESCRIPTION
Being Lot 5A, Block A, Village at 121, an addition to the City of The Colony, Texas as recoded
in Document Number 2015-389, Plat Records of Denton County, Texas, said tract being part of
Tract D indicated in Ordinance No. 99-1129.
101
EXHIBIT B
DEVELOPMENT STANDARDS “REVISED”
The Development standards for the Off Premises Billboard shall be in accordance with
the attached Site Exhibit “C” and as follows:
1. The Billboard shall have a maximum height of seventy feet (70’) measured from the
ground level at the base of the billboard.
2. The Billboard sign shall have measurements of 14 feet tall by 48 feet long and shall
cantilever from the pole into the property. There will be a steel frame mounting which
will support two 14 feet by 48 feet cabinets, one per side.
3. The billboard pole shall be 42 inches in diameter with a brick and rock façade no greater
than 5 feet by 5 feet around the pole for a maximum height of 10 feet.
4. The existing Encroachment Agreement dated April 9, 2020 and recorded under
Document Number 90380, Official Public Records of Denton County, Texas, shall
remain in place for those affected areas where the Billboard overhangs existing
easements.
102
EXHIBIT C
SITE EXHIBIT
103
104