2022-069 Villas of Piney Creek HOAOctober 21, 2022 Report No. 2022-069
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Villas of Piney Creek HOA Infrastructure
BACKGROUND:
The Villas of Piney Creek HOA, Inc, a subdivision which includes 36 single-family dwellings,
one open space lot, and 5 private streets, recently held a Special Meeting to discuss the future of
the Homeowner’s Association (HOA). Additionally, a neighborhood representative spoke on this
matter at the October 18, 2022, City Council meeting. The subdivision, shown outlined in blue
above, is zoned Residential 6 (R6) and located northwest of San Jacinto Boulevard, at the terminus
of Piney Creek Boulevard.
According to neighborhood representatives, participation in the HOA has waned, and the limited
number of dwellings prevents the collection of sufficient funds to maintain the private streets.
Currently, yearly dues ($900 per year) pay the utility bills and a service to mow the residential
front lawns and the open space lot located on the west side of the subdivision. For these reasons,
the HOA would like to dissolve and has requested that the City take over the ownership and
maintenance of the private streets, privately held drainage improvements and open space lot. It is
important to note that the Denton Development Code does not require the City to take over street
ownership. Additionally, according to Appraisal District records the open space lot is privately
owned. The City would not assume maintenance responsibility of a privately held lot outside of
taking property maintenance action due to needing to abate a nuisance.
October 21, 2022 Report No. 2022-069
The following is information related to the history of the subdivision, the private infrastructure,
and the Denton Development Code process related to HOA dissolution. It is being presented to
facilitate Council’s understanding of the Villas of Piney Creek’s request, so that Council can give
Staff direction on this matter in a future meeting.
Zoning and Subdivision History
• The Villas of Piney Creek, Phase 1, was developed as a Planned Development (PD-6), and the
detailed plan was approved in 1995 (Ordinance 95-0133, attached). The ordinance includes a
site plan and an indemnification for the private improvements, including the private streets.
• The Final Plat was approved by the Planning and Zoning Commission on October 11, 1995
(Villas of Piney Creek Phase I, Staff Report - FP95-0079, and Minutes-10_11_1995, attached),
executed by the owner on September 25, 1996, and filed of record on October 1, 1996.
o The Final Plat reflects 36 residential lots, a 1.173-acre open space lot, and a privately
owned and maintained street lot (Lot 2, Block D) which ranges in width from 24 feet
(back of curb to back of curb) with mountable curb and gutter to 31 feet (back of curb
to back of curb). These do not meet the minimum width standards (as shown in Table
1.3.1 below).
o Nested inside the private street lot and extending into the front yard of the residential
lots is a variable width Public Utility, Private Access and Private Drainage Easement.
This easement contains a private drainage system and public water/wastewater.
o The HOA Covenants and Restrictions were approved by the Planning and Zoning
Commission concurrent with the Final Plat and filed of record in 1998 (attached).
• The 2002 Denton Development Code (DDC) removed Planned Developments from the zoning
“toolbox,” so the property was rezoned from PD-6 to Neighborhood Residential 6 (NR-6)
District with the 2002 City-wide rezoning and code adoption.
• With the implementation of the 2019 DDC, the zoning transitioned to R6, which remains in
effect today.
October 21, 2022 Report No. 2022-069
DISCUSSION:
Before City staff could endorse acceptance of existing private infrastructure (streets, drainage,
lighting), a full Conditions Assessment must be completed.
Street Dedication: If Council instructs Staff to accept the HOA’s private streets, Staff will
complete necessary research to identify the most appropriate process for the dedication of the
existing private streets and privately held drainage improvements to the public.
Dissolution of the HOA: Per DDC Section 8.3.6J.7, the HOA cannot be dissolved without the
City’s consent: “The Homeowners Association may not be dissolved, nor may deed restrictions
and covenants providing for maintenance of common areas be deleted or amended, without the
prior written consent of the Planning and Zoning Commission, by way of a plat amendment.” A
plat to amend or dissolve the HOA would require the signatures of all property owners within the
platted subdivision boundaries. It should also be noted that the Planning and Zoning Commission
could not approve a plat amendment to facilitate the HOA dissolution without the HOA first
disposing of the private streets and drainage improvements as discussed in the bullet point above.
Other Platting Information related to the Villas of Piney Creek
During the October 18, 2022, City Council meeting, a member of the HOA highlighted a
discrepancy in the date on the recorded Final Plat. Staff has reviewed the document and has
determined that the Final Plat’s Certificate of Approval erroneously showed 1996; however, it was
corrected to 1995, and although the mistake is unfortunate, it is a scrivener’s error that is not fatal
to the effectiveness of the plat; therefore, the plat is valid.
Other HOA’s which Maintain Private Streets
Further information was requested as to how many HOA’s in Denton own and maintain private
streets. Standards and processes related to gated residential communities and private streets were
added to the City’s subdivision regulations in 2007 and were carried forward in the 2019 DDC.
The following subdivisions have HOA’s which maintain private streets and were established by
either Planned Development or the gated community subdivision regulations:
• Robson Ranch
• Tuscan Hills
• Ellison Park
• Villas of Piney Creek
• Carmel Villas (under construction)
• The Oaks of Township (under construction)
• Vintage Townhomes (under construction)
ATTACHMENTS:
1. Ordinance 95-0133
2. Villas of Piney Creek Phase I
3. Staff Report - FP95-0079
4. Minutes-10_11_1995
October 21, 2022 Report No. 2022-069
5. Villas of Piney Creek HOA Declarations
STAFF CONTACT:
Julie Wyatt
Senior Planner
julie.wyatt@cityofdenton.com
(940) 349-8585
REQUESTOR: Council Member Vicki Byrd
STAFF TIME TO COMPLETE REPORT: Staff time to complete was approximately 5 hours.
PARTICIPATING DEPARTMENTS: Development Services, Engineering, and Legal
participated in the preparation of this report.
pineycrk.ord
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED
PLAN FOR PLAiYNED DEVELOPMENT ZONING DISTRICT SIX (PD-6), WITH
RESPECT TO 15.413 ACRES OF LAND LOCATED THEREIN, NEAR THE NORTHWEST
CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO
BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR
DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRIC-
TIVE COVENANTS AND INDEMNIFICATION LA_NGUAGE CONTAINED WITHIN DEEDS
AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Tipton Engineering has applied for approval of a
detailed plan for 15.413 acres of land located within Planned
Development District Six (PD-6), near the northwest corner of
Colorado Boulevard and San Jacinto Boulevard; and
WHEREAS, on July 12, 1995, the Planning and Zoning Commission
recommended approval of the requested zoning amendment; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 69-35 (PD-6), providing appro-
val of a planned development zoning district classification and use
designation is hereby amended with respect to 15.413 acres of land
located therein, and more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, by adopting
the detail plan, attached hereto and incorporated herein as Exhibit
B for all purposes, in accordance with Division 2 of Article IV of
Chapter 35 of the Code of Ordinances.
SECTION II. That the City Attorney and City Manager, or their
designates, are hereby authorized to review and approve as to form
and compliance restrictive covenants and indemnification language
contained within deeds and property association bylaws, as provided
in Exhibit C.
SECTION III. That the provisions of this ordinance as they
apply to the 15.413 acres described by Exhibit A govern and control
over any conflicting provision of Ordinance No. 69-35 or its
amendments, but all the provisions of Ordinance No. 69-35 or its
amendments as they apply to that remaining portion of the PD-6
zoning district classification and use designation not herein
amended, shall continue in force and effect and shall apply to the
remainder of said district.
SECTION IV. That a copy of this ordinance shall be attached
to Ordinance No. 69-35, showing the amendment herein approved.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED ~ND APPROVED this /~ day of ~~ , 1995.
ATTEST:
BOB
CASTLEBERRY,~}~OR~'~.~JENNIFER WALTERS, CITY SECRETARY
AP~oVE~As TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~<' .~-'~' i- .-'
FIELD NOTES
4141 .fid
BEING Lot 56 in Block A of The Oaks of Township II, an Addition to the City of Denton,
Denton County, Texas, according to the Plat thereof, recorded in Cabinet E, Page 13, Plat
Records, Denton County, Texas, together with Certificate of Correction recorded in Volume
1619, Page 587, and in Volume 1652, Page 130, Real Property Records, Denton County, Texas;
BEGINNING at the Northeast comer of the said Lot 56 in Block A of The Oaks of Township
II, also a poim on the South ROW line of Colorado Blvd., (a 70' ROW);
THENCE, S 62' 40' 39" E, along said Colorado Blvd., a distance of 111.90 feet to a 1/2" iron
rod found;
THENCE, along a tangent curve to the right having a central angle of 22' 28' 59", a radius of
1222.79 feet, a chord bearing of S 51' 27' 00" E, and an arc distance of 479.83 feet to a 1/2"
iron rod found;
THENCE, S 40' 11' 40" E, a distance of 160.00 feet to a 1/2" iron rod set;
THENCE, S 28' 53' 02" E, a distance of 152.97 feet to a 1/2" iron rod set;
THENCE, S 49' 48' 21" W, leaving said Colorado Blvd., a distance of 365.86 feet to a 1/2"
iron rod found;
THENCE, along a tangent curve to the right, having a central angle of 12' 49' 01", a radius
of 660.00 feet, a chord bearing of S 56° 12' 51" W, and an arc distance of 147.64 feet to a 1/2"
iron rod found;
THENCE, S 62' 37' 20" W, a distance of 764.87 feet to a 1/2" iron fod found;
THENCE, along a tangent curve to the right, having a central angle of 25' 48' 35", a radius
of 986.95 feet, a chord bearing of S 75' 31' 38" W, and an arc distance of 444.59 feet to a 1/2"
iron rod set;
THENCE, N 01' 34' 05" W, a distance of 130.00 feet to a 1/2" iron rod found;
THENCE, N 01° 18' 07" W, a distance of 60.00 feet to a 1/2" iron rod found;
THENCE, N 02' 23' 04" W, a distance of 149.70 feet to a point for comer;
THENCE, East a distance of 152.66 feet to a 1/2" iron rod found;
THENCE, N 76' 02' 04" E, a distance of 152.77 feet to a 1/2" iron rod found;
THENCE, N 62' 37' 21" E, a distance of 764.32 feet to a point for corner;
THENCE, N 27' 19' 21' E, a distance of 181.46 feet to a 1/2'~ iron rod found;
THENCE, N 44' 08' 44" W, a distance of 146.11 feet to a point for corner;
THENCE, N 62' 40' 39" W, a distance of 260.00 feet to a 1/2" iron rod found;
THENCE, N 27' 19' 21 '~ E, a distance of 305.00 feet to the PLACE OF BEGINNING and
containing 671,390 square feet or 15.413 acres of land.
ATTACHMENT 3
EXHIBIT C
As a condition of this planned development zoning classification
and subdivision acceptance, Developer shall integrate the following
indemnification language into each deed agreement as a negative
reciprocal restrictive covenant running with the land, binding upon
all heirs and assigns, and filed in the Deed Records of Denton
County, Texas, such as to give notice to all subsequent prospective
purchasers. Developer shall also integrate this language into the
bylaws of the property owners association. The City Attorney, or
his or her designate, shall have the opportunity to review and
approve all such covenants and by-laws, and no amendments to the
following indemnification language shall be permitted except upon
review, approval and concurrence of the City Attorney and City
Manager, or their designates.
INDEMNIFICATION:
THE VILLAS OF PINEY CREEK HOMEOWNERS ASSOCIATION, INC., (ASSOCIA-
TION) AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE
CITY OF DENTON, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND ANY
GOVERNMENTAL ENTITY OR PUBLIC UTILITY COMPANY THAT OWNS PUBLIC
IMPROVEMENTS WITHIN THIS SUBDIVISION (INDEMNITEES) FROM ANDAGAINST
ANY ANDALL CLAIMS FOR DAMAGES TO PRIVATE STREET, RESTRICTED ACCESS
GATES AND ENTRANCE, LANDSCAPING AND RELATED APPURTENANCES (PRIVATE
IMPROVEMENTS) OCCASIONED BY THE INDEMNITEES' USE, REPAIR OR
MAINTENANCE OF ITS EASEMENTS.
THE ASSOCIATION FURTHER AGREES TO RELEASE, INDEMNIFY, DEFEND AND
HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIMS
FOR DAMAGES TO PROPERTY AND INJURY TO PERSONS (INCLUDING DEATH)
THAT ARISE OUT OF THE USE OF THE PRIVATE IMPROVEMENTS BY THE
INDEMNITEES. THIS INDEMNIFICATION SHALL APPLY REGARDLESS OF
WHETHER A CONTRIBUTING FACTOR TO SUCH DAMAGES OR INJURIES WAS THE
NEGLIGENT ACTS OR OMISSIONS OF THE INDEMNITEES OR THEIR RESPECTIVE
OFFICERS, EMPLOYEES AND AGENTS.
THE ASSOCIATION AND EACH LOT OWNER AGREE TO RELEASE, INDEMNIFY AND
DEFEND THE INDEMNITEES FROM CLAIMS FOR DAMAGES TO PROPERTY AND
INJURY TO PERSONS (INCLUDING DEATH) THAT ARISE OUT OF ANYDEFECTIVE
CONDITION OF THE PRIVATE IMPROVEMENTS, OR THEIR USE BY ANY OTHER
PERSON.
THE PROPERTY OWNERS ASSOCIATION AND EACH LOT OWNER SHALL INDEMNIFY
THE CITY OF DENTON FROM ANY CLAIMS FOR DAMAGES TO PROPERTY AND
INJURY TO PERSONS (INCLUDING DEATH) THAT ARISE OUT OF A DELAY OF
EMERGENCY VEHICLES CAUSED BY THE RESTRICTED ACCESS.
EXHIBIT C/PAGE 1
0 R r
s
I
GRAPHIC SCALE
i" = 60'
Denotes Zero side of Lot co, ONO!, O
DENTON 88 J.V. Imo'/cAP
Lot 57. Oaks of Township 11
COMMON GREENBELT AREA A, BLANKET
14
Ha95)• 1 15',r6 0
15
9_ 7UTILITY &DRAINAGE EASEMENT / 7a0pfeE N75'4140E
09,
V n E N82'37'20'E
41 N62'37'20'E N82'37'2,"E
66.00' 8300'
2 $ A
as ' OPEN SPACE 1 l7 N82 E N82'6.00
The following minimum setbacks apply from the Bock of CurbAdjacenttocul-de-sacs/Streets
20 feet to garage door
15 feet to remainder of structure
Setback Detail
32
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INSTALLMENT 220
A -
25.47lLEGEND p t- R = 986.
95< 1 I l N• lC T = 225.93' 1` IRF =IRON ROD FOUND L ® 4442o.
1, C1 C7 1RS/CAP - IRON ROD SET W/CAP 47'I //
1 1 Ij 1 U.E. =UTILITY EASEMENT F. D. !.
C. CD BRG4= 575'45'23"W I'l 7 `w" ` x++ ( I/
D.E. = DRAINAGE EASEEMENT Lot 6A,
Block A Q d
5`V A't Y" R.L. = BUILDING LINE C U
R V E D A T A TOWNSHIP Block
301 1
PHASE
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G5(a- pare- uu. L-Jl/'I
55 1 C 5 FINAL PLAT OF
VILLAS OF
PINEY
CREEK PHASE I Being A Replat
of A Pert of Lot 56, The Oaks of Township A Cab. E, Pg. 13 Plat Records R.H. Hopkins
Survey, Abstract No. 1694 CITY OF DENTON,
DENTON COUNTY, TEXAS OWNER - VILLAS OF
PINEY
CREEK / SOINT VENTURE 1517 Bayberry Court -
Denton, Texas 76205 ins On Oct
el
1996 At 3:00pe
Doc/Nue : 96-
ROO69295 Doc/ RecoTrding: yppe
46.00PLRDoc/11ge4 6, Recei
t N: 3077008
s\; epui;y - CABBYIMike -KERN SURVEYING
INC.
O X 507 c'`•"''»":.;
e'i KRUM,
TEXAS 76249 817) 482-6723 a6vls6o
axase PAGE I
of 2
DEDICATION
STATE OF TEXAS
COUNTY OF DENTON
ttA'?5 sts
WHEREAS, Villas of Piney Cmek/Joint Venture is the owner of all that certain trap of land
situated in the R.H, Hopkins Survey, Abstract Number 1694 in the City of Denton, Denton County, Texas and being a part of Lot 56, The Oaks of Township 11, an addition to the City of Denton, according to the plat thereof recorded in Cabinet E Page 13 of the Plat Records of DentonCounty, Texas, togetherwith the Certificateof Correction recorded in Volume 1652 Page 130 of
the Real Property Records of Denton County, Texas as recognized and occupied on the groundthesubjecttrapbeingmoreparticularlydescribedasfollows;
BEGINNING for the Southwest Comer of the trap being described herein at a capped iron rod
set for the Southwest Comer of saitl Lot 56:
THENCE North 01 Degrees 37 Minutes 18 Seconds West with the Westerly line of said Lot adistanceof130.04 feet toa capped Iron rod set foran angle point in said West line; THENCE North 01 Degrees 12 Minutes 54 Seconds West continuing with said West line adistanceof60.04 feet to a capped iron rod set for the Southeast Comer of Lot 57 said Oaks ofTownship11;
THENCE North 02 Degrees 49 Minutes 1t3 Seconds West continuing with said West line and theEastlineofsaidLot57adistanceof447.71 feet to a capped Iron rod found for the Northwest
Comer of said Lot 56 and the Southwest Comer of Lot 14 said Oaks ofTownship II; THENCE in a general Easterly direction with the North line of saitl Lot 66 and the South line of
Lots 14,15,16,26,27 and 32 of said Oaks of Township II, the following 3 courses and distances1.) South 89 Degrees $7 Minutes 12 Seconds East a distance of 152.76 feet to a 1/2" iron rod
found for the Southeast Comer of Bald Lot 14 and the Southwest Comer of said Lot 15;
THENCE North 75 Degrees 41 Minutes 40 Seconds East a distance of 153.09 feet to a 112" Ironrodfound;
THENCE North 62 Degrees 37 Minutes 21 Seconds East a distance of 550.63 feet to a capped
iron rod set forthe Northeast Comer ofthe herein described trap inthe South line of said Lot 32; THENCE South 27 Degrees 22 Minutes 40 Seconds East severing said Lot 56 a tlistance of
300.46 feet to a capped Iron rod set for the Southeast Comer of the herein described trap in theSouthlineofmidLot56:
THENCE South 62 Degrees 37 Minutes 20 Seconds West with the South line of saitl Lot 66 a
distance of 650,78 feet to a 1/T iron rod found on the West line of Piney Creek Boulevard in acurvetotheright, having a radius of988.95 feet;
THENCE along the are of said curve and the South line of said Lot 56 an are distance of 444.21feet (chord bearing ofSouth 75 Degrees45 Minutes 23SecondsWest a distance of440.47 feet)
to the PLACE OF BEGINNING and enclosing 6.545 acres of land.
NOWTHEREFORE, KNOW ALL MENBY THESE PRESENTS:
That Villas of Piney Creek/Joint Venture, does hereby adopt this plat designating the hereindescribedproperlyasVillasofPineyCreekPhaseI, in the City and County of Denton, Texasanddoherebydedicatetothepublicuseforever, the publiceasementsshown hereon.
Villas Ofplagy Creek/Joint Venture
By:
STATE OF TEXAS
BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this daypersonallyappearedrr ,known to me to be the person, whosenameissubscribedtotheforegoinginstrumentandacknowledgetomethathe/she executed thesameforthepurposeandconsiderationthereinexpressed, and inthe capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OFTHE OFFICE THIS.?-J—OAY OF;1996.
WPublic in the State of TezaS'
My Commission expires 98 LOIN* MELISSAA. ORTIZ
NOTARY PUBLICTexas
av'.
L!H
SURVEYOR'S CERTIFICATE
KNOW ALL ME BY THESE PRESENTS
THAT I MICHAEL J: KERN, RegisteredProfessional Land Surveyor, do hereby certifythat this
plat was prepared from an actualand accurate survey made on the ground of the land andthat
the monuments shown hereon were found or placed under my direction and supervision in
accordance with the Ordinances of the City of Denton, Texas.
Michael J. Kem R.P.L.S. No. 414158 ate
CERTIFICATE OF APPROVAL
Approved this__/40 day of ( bWthePlanningandZoningCommission
for the City of Denton
em.L1paDP Chairman
C
j SecreteFINAL
PLAT OF
VILLAS
OF PINEY CREEK PHASE I Being
A Replat of A Part of Lot 56, The Oaks of Township 11, Cab. 6, Pg. 13 Plat Records R.
H. Hopkins Survey, Abstract No. 1694 CITY
OF DENTON, DENTON COUNTY, TEXAS OWNER —
VILLAS
OF PINEY CREEK / JOINT VENTURE 1517
Boyberry Court - Denton, Texos 76205 On
Oct 01 1996 At3:00pm Doc/
Nu. 96-R0069295 Record
nge 46P00 Doc/Ngmt : 6.00 Receiptg: 30778 Deputy -
CASSY OF
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EMI ••AEE 1. KERN 41580A•
KERN SURVEYING INC. 9
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1C KRUM, TEXAS 76249 817)
482-6723 PACE
2 of 2
P&Z Minutes
October 11, 1995
Page 14
Mr. Cochran: I move approval of the preliminary plat of the Cundall Addition.
Ms. Schertz: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same
sign. Approved. (6-0)
VI. Villas of Piney Creek.
a. Consider the final plat of the Villas of Piney Creek, Phase I. The subject property is
located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard in
PD-6.
Mr. Reeves: This is the final plat. The Commission has previously approved the detail
plan. The final plat does not correspond with the detail plan. The applicant will be
submitting a revised detail plan that will correspond to this final plat. This will be a minor
amendment that Mr. Robbins can approve and then bring to you. DRC recommends Iapproval.
Ms. Russell: Are there any questions?
Ms. Schertz: I move that we approve the final plat for the Villas of Piney Creek, Phase
I.
Ms. Flemming: I'll second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand.
Opposed same sign. Approved. (6-0)
b. Consider the Homeowners Association Agreement and Restrictive Covenants for the
Villas of Piney Creek.
Mr. Reeves: You have a copy of the Homeowners Association Agreement and Restrictive
Covenants. They wrote everything that Jerry told them to write. DRC recommends
approval.
Mr. Drake: Whenever we have private streets we look at them to make sure that the city
does not have any liability.
Mr. Reeves: We also want to make sure that there is some sort of ineans to maintain the
P&Z Minutes-
October 11, 1995
Page 15
streets and that the city won't be asked to do repairs on them at a later date.
Mr. Ed Bright: My name is Fd Bright. This is my first tune to do a development with
private streets. The concept is to build these streets to city standards.
Mr. Powell: Will these streets be the same width as if they were public streets?
Mr. Reeves: There is a difference in width.
Mr. Salmon: They are proposing to build their private streets twenty-four feet wide and
city streets are thirty-one feet wide. Their streets will be the same thickness as what the
city requires.
Mr. Powell: I move that we approve the homeowners association agreement and restrictive
covenants for the fmal plat of the Villas of Piney Creek, Phase I.
Ms. Schertz: I'll second.
Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
VII. Batey Addition. 6.003 acres located immediately north of Blagg Road and east of
Mayhill.
a. Consider the General Development Plan of about 68 acres owned by G. Wilborn
adjacent to the proposed Batey plat.
b. Consider a variance to Section 34-114(5) concerning perimeter paving standards.
c. Consider a variance to Section 34-114(17) concerning sidewalk standards.
d. Consider the preliminary and final plats of Lots 1 and 2, Block A.
Mr. Yost: A large part of the Batey addition was purchased from Gene Wilborn. I talked
to the applicant late this afternoon and the applicant has requested that we postpone this
item until October 25th.
Ms. Russell: Do we need to have a motion to postpone this?
Mr. Yost: The Batey's are involved in all four items so we would like to postpone all of