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HomeMy WebLinkAbout1999-254ORDINANCE NOw-aJTzl AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE CALTHORPE & ASSOCIATES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City staff, under the direction of the City Council, is in the process of revising the Comprehensive Plan, and, in conjunction therewith, needs to prepare a Development Code which will include the revision of the City's comprehensive zoning ordinance, as well as the subdivision regulations, and WHEREAS, the City Council deems it in the public interest to hire the professional planning firm of Fregonese Calthorpe & Associates to assist the City in this Development Code rewrite, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a Professional Services Agreement with Fregonese Calthorpe & Associates, substantially in the form of the Agreement attached to and made a part of this ordinance for all purposes, for the purpose of acquiring professional planning services to assist the City in preparing a Development Code SECTION 2 That the City Manager is hereby authorized to make the expenditures as required in the attached Professional Services Agreement SECTION 3 That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present SECTION 4. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _day of , 1999 JA LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY I APFOOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F khmehdep6WL\0w Doc U\GlAmm\99\ftwww a nwmd Page 2 PROFESSIONAL SERVICES AGREEMENT FOR PLANNING AND RELATED SERVICES FOR THE DEVELOPMENT OF THE DEVELOPMENT CODE REWRITE STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 341 day of 1999, by and between the City of Denton, Texas, a Texas municipal corpor on, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and Fregonese Calthorpe & Associates, with its corporate office at 421 S W 6`h Avenue, Suite 1010, Portland, Oregon 97204, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE 1 EMPLOYMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, planning and related services for assistance in the Development Code rewrite ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform planning and associated services to assist the CITY with the Development Code rewrite including, without limitation, the revision of the Denton zoning code and subdivision regulations, a review of the comprehensive plan rewrite, and all the services set forth in the Scope of Work for Development of a Revised Land Use Code for the City of Denton, Texas submitted by CONSULTANT, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B As a part of its work, CONSULTANT shall consult with and meet with the City Council, the Planning and Zoning Commission, the City Manager, the Assistant City Manager for Development Services, the City Attorney, outside legal counsel, other consultants, members of the City staff, and the 15-member Council appointed Code Committee as may be necessary to perform all aspects of the services set forth herein and in the attached Exhibit "A" This will include coordinating with the City Manager, the Assistant City Manger for Development Services, and their staff to efficiently perform the services required C CONSULTANT shall provide periodic oral and written reports to the City Council, the City Manager, and Assistant City Manager for Development Services as may be deemed necessary to perform the services set forth herein D CONSULTANT shall perform all services required in a timely fashion, and shall complete same in compliance with the schedules as set forth in the attached Exhibit "A" E If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARIL.F 3 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the CITY and the CONSULTANT and shall be effective for 14 months from the date of this Agreement through October 31, 2000 This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or his designee Should completion of the City Comprehensive Plan be delayed for any reason that causes any delays in the delivery of the services identified in this Agreement, the CITY and the CONSULTANT shall mutually agree to a revised schedule that will be allowed to extend beyond the October 31, 2000 termination date ARTICLE 4 COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of planning and related services for the development of the Development Code rewrite This shall include the subcontracting of Davis & Hibbitts, Inc and LRK Design Research "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment Page 2 B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay a total fee, including reimbursement for direct non -labor expenses not to exceed $252,575 00 For the period between the effective date of this Agreement and September 30, 1999, the CONSULTANT shall perform services related to Tasks 1, 2, 3, and 23 as specified in Exhibit "A" with related expenses not to exceed $50,440 00 On and after October 1, 1999, and upon receipt of written notice to proceed from the CITY, the CONSULTANT will continue with the remainder of the tasks identified in Exhibit "A" Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the CITY through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The CITY may withhold the final five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the CITY C PAYMENT If the CITY fails to make payments due the CONSULTANT for services and expenses within 60 days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said 60s' day, and, in addition, the CONSULTANT may, after giving seven days' written notice to the CITY, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work is unsatisfactory, in accordance with this Article 4, "Compensation " ARTICLE S OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants Page 3 ARTICLE 6 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense In the event the CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ,ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not as an employee of the CITY CONSULTANT shall not have or claim any right arising from employee status ARTICLE 8 INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 9 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above Page 4 A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to CITY and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE 10 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE 11 TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the CITY within 30 days after the date of termination The CITY shall Page 5 pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 4 "Compensation " Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use ARTICLE 12 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval! be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE 13 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States marl to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Marled notices shall be deemed communicated as of three days' mailing To CONSULTANT Fregonese Calthorpe & Associates John Fregonese 421 S W 61h Avenue, Suite 1010 Portland, Oregon 97204 To CITY City of Denton David Hill, Assistant City Manager for Development Services 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days' marling ARTICLE 14 ENTIRE AGREEMENT This Agreement, consisting of nine pages and one exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof Page 6 ARTICLE 15 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE 16 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE 17 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE 18 PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY CONSULTANT shall inform the CITY of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE 19 ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY Page 7 ARTICLE 20 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE 21 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit A — Scope of Work for Development of a Revised Land Use Code for the City of Denton, Texas B CONSULTANT agrees that CITY shall, until the expiration of three years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section CITY shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be John Fregonese However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY F The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions Page 8 for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has execute this Agree ent through its duly authorized undersigned officer on this the 3 day of 1999 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ?_�� — FREGONESE CALTHORPE & WITNESS EIS F Vh.,dWW\LGL\O. Doc..Un C.n U\99 mmne coo- d ASSOCIATES J HN FREG SE RINCIPAL Page 9 SCOPE OF WORK FOR DEVELOPMENT OF A REVISED LAND USE CODE for THE CITY OF DENTON TEXAS Prepared by Fregonese Calthorpe & Associates Freggoonese Calfhorpe Rissociates Fie onese Ralorpe sodates Regwnal and Urban Planning Scope of Work for Development of a Revised Land Use Code for City of Denton, Texas INTRODUCTION City of Denton is in the process of adopting a revised comprehensive plan Many of the policies in the plan call for recisions in the way land use is regulated in City of Denton In order to implement the revised Comprehensive Plan, extensive revisions to the current Code of the City of Denton will be required This revision will be guided by the Denton Comprehensive Plan Goals of the Project The City of Denton Comprehensive Plan, including the Recommended Land Use Plan and Implementation Strategy will be instrumental in developing the new code The goals of the project will be further defined by the Consultant and the "Code Committee" as identified in Task 2 Code Committee A City of Denton Develonment Code Comnm=e will be appointed by the City of Denton Council and will participate with the Consultant and City staff in the development of the code They will meet approximately monthly to review progress and advise the City Council and Planning & Zonnig Commission on the development of the code in accordance with the Comprehensive Plan The City of Denton Planning and Development Department will provide pimcipal staff support to the "Code Committee " The Code Committee will consist of 15 members, a Committee chairperson nominated and selected by simple majority of the City Council, and two members to be selected by each Council Member City Council will make every effort to make appointments that are balanced with respect to citizen, neighborhood, business, and development interests The purpose of the Committee is to provide feedback for the Planning & Zoning Conmussmon and City Council review in response to Consultant recommendations regarding the revised development code The Cominittee will attempt to work by consensus In the event that there are unresolved issues, the variety of opinion will be presented to the Council In the Consultant's report to the Council, any major issue which needed to be resolved, or which remains unresolved, shall be clearly communicated, including alteinanves evaluated, and the Code Committee's rationale and recommendation, and any minority reports from the Committee MAYOR AND COUNCIL AND PLANNING COMMISSIONINVOLVEMENT The City Council and Planning & Zoning Comtrussion will be briefed and provide input into the process at four occasions, with approximate tunes and in the project sequence as listed in the project schedule, attached Other Public Involvement The Consultant will participate in and lead the following public involvement components • At least three meetings with the public and interested parties during each working visit to the community, as listed in the project schedule, and as decided by the City of Denton Assistant City Manager of Development Services The City of Denton Planning and Development Department shall be responsible for scheduling and coordinating the meetings • Two focus groups and one public opinion survey • A public design preference survey, conducted in part through the Denton City Web Site, • Two open houses, • A four page color newsletter of general circulation in the community, • Four page newsletters for mailing to interested parties, • Attending and making presentations at adoption hearings THE CONSULTANT WILL COMPLETE THE FOLLOWING TASKS Task 1 Code Committee Orientation Once the Code Committee (hereinafter referred to as the "Committee") has been established, the Consultant will meet with the Committee and orient the Committee with the basics of development codes, including the options available and the different approaches available under Texas and United States Law The Comrmttee will give general input on the subjects covered Deliverable Consultant conducts meeting, and provides information regarding development code Task 1 Cost $6,460 Task 2 Define Goals and Expected Outcomes Using the outcome of Task 1, the Comprehensive Plan, including the Recommended Land Use Plan and Implementation Strategy, the Consultant will develop a document that lists the specific goals and expected outcomes of the project He will meet with the Committee and review the draft, and finalize the document based on the input from the Committee Deliverable Document which outlines the goals and outcomes of the development code project, including general code structure and philosophy Task 2 Cost - $10,420 Task 3 Develop Outhne and Flow Chatt of New Development Code Based on the outcome of Tasks 1 and 2, the Consultant will develop a detailed outline of the Development Code, including the entire table of contents and a brief description of the contents and purpose of each section In addition, the decision -making structure will be described and flow -charted The Committee will review and provide feedback on the proposed structure The Consultant will mochfy the documents to take this into account Deliverable Development Code outline and decision -making flowchart Task 3 Cost $10,560 Task 4 Develop Decision making Section of Code Based on the outcome of Task 3, the Consultant will draft the decision -making section of the code., including the language for all decision -making procedures necessary for implementation of the code The Consultant will review this with the Committee, and make modifications as necessary In addition, the Consultant will present the results of Tasks 1, 2, & 3 to the Planning & Zoning Commission, and the Mayor and Council for reaction and feedback The Consultant will modify the work products as necessary Deliverable Draft of decision -making section of the code Task 4 Cost $10,510 Task S Develop Design Standards The Consultant will draft the design standards section of the code The design standards will be designed to primarily focus on site design issues, and general architectural standards This will not include historic district guidelines or other detailed architectural design standards The design standards will include sufficient illustrations to communicate the concepts in the code The Consultant will review this with the Committee, and modify the standards as necessary The site design guidelines in the basic development code are intended to regulate the design of the site They include the placement of buildings, streetscape, landscaping, orientation and smular site design issues In addition, axiomentric drawings and architectural standards will be developed that allow design standards to address basic architectural issues relating to form and bulk, fenestration, projections, and other issues dealing with architectural form These are often applied in specialized districts, while site design standards are intended to be applied City wide Dehverable Draft of the Design Standards Section of the Code, including site plan and axiometric or perspective drawings that illustrate Task 5 Cost $27,620 Task 6 Develop Environmental Area Standards The Consultant will draft the Environmental Area Standards section of the code The Envuonmental Atea Standards will be designed to identify and map environmentally sensitive areas, and operate as an overlay zone, regulating land use, landscaping, and management within the overlay zones This will not include water quality, flood -proofing, wetland determination, or other detailed technical standards The Environmental Area Standards will include sufficient illustrations to communicate the concepts in the code, and include a overlay zone map The Consultant will review this with the Committee, and modify the standards as necessary Dehverable Draft of the Environmental Area Standards and Environmental Area Overlay Zone Map Task 6 Cost $15,060 Task 7 DeveloRLand DivisjQn-atandards The Consultant will draft the Land Division Standards section of the code The Land Division Standards will be designed to primarily focus on the creation of lots and parcels, including partitions, mmor and major subdivisions, and the general improvements requited for the development of these areas such as roads, other unprovements, parks, and open spaces This will not include engineering standards for public works, surveying, platting, or other detailed technical standards The Land Division Standards will include sufficient illustrations to communicate the concepts in the code The Consultant will review this with the Committee, and modify the standards as necessary Dehverable Draft of the Land Division Standards Task 7 Cost $17,400 Task 8 Develop Use Zones The Consultant will draft the use zones that are necessary to implement the Land Use Concept and Plan The Consultant will provide the permitted, conditional, and prohibited uses, and other zone specific uses such as setbacks, development standards, and landscaping requirements The Consultant will review this with the Committee, and modify the standards as necessary The Consultant will modify the work products as necessary In conjunction with the Land Use Modeling Task, there will be a compai ison between existing and proposed zoning classifications, and an analysis of the relative loss or gain of development rights as a result of the change to a new zoning designation The staff report for this task will distinguish how permitted uses will be affected, to what extent legal nonconforming uses will be created, and how legal nonconforming uses will be dealt with Dehverable Draft of Use Zones, analysis of changes Task 8 Cost $10,400 Task 9 Develop Final Draft Development Code The Consultant will consolidate the results of Tasks 1 through 8 into a comprehensive development code, and will complete any remaining changes that are required as a result of input to date Deliverable Final Draft of Comprehensive Development Code Task 9 Cost $12,000 Task 10 Develop Exulanatoily Material for Public The Consultant will develop an eight -page newsletter style material that will explain the basic concepts in the development code The material will be developed as a handout during the adoption process, and be suitable for modification after adoption as informational material for the public when implementing the code Deliverable Eight -page camera-ready copy of newsletter style information piece Task 10 Cost $6,960 Task 11 Develop New Zoning Map The Consultant will develop a GIS based version of a zoning map that will implement the new development code, based on the newly adopted land use plan and the current zoning of parcels The zoning map will be delivered in Arcview compatible format, and be parcel -specific In addition, the Consultant will deliver 1" to 2,000' and 1" to 5,000' maps of the proposed zoning map, and an analysis of the zoning map in area by zone, developable land by area, and development capacity by zone In addition, in conjunction with the Land Use Modeling Task, a capacity analysis will be conducted of the existing and proposed zoning maps, and the effects of permitted development on development and redevelopment of land Dehverable GIS zoning map, parcel specific, hardcopy maps as debalbed above, and zoning map analysis Task 11 Cost . $9,080 Task 12 Adoption Process The Consultant will participate in two adoption hearings, woikshops, and other activmeti in support of the City Council adoption process, and modify the draft development code as necessary based on feedback during the process Dehverable. participation for 2 trips, a total of four days during the adoption process Modification of any of the above products as necessary during the process Task 12 Cost $13,000 SUPPORTIVE TASKS The following tasks are included in order to improve the quality of the final code, the City's understanding of impacts of the new code, the ability of the public to provide meaningful input to the project at an appropriate time, and the acceptance of the new code by the public and the development community 1 he tasks are organized so that they are tasks Communication Strategy and Materials This option would develop a commurucation strategy for informing and involving the general public in the Development Code project It would include a memo on the goals and methods of the communication strategy, as well as the following products One genetal circulation newsletter, full color, four page tabloid, printed on web press on newsprint, distributed in local newspapers There will be a provision for a reply area The cost includes an estimate of $5,000 for the printing and distribution in the Denton area by a local newspaper Pour mailed newsletters, 4 page, 8 1/2' by 11", black and white Tlms is intended to be marled to a list of interested parties, stakeholders, and others to keep them informed of progress, and provide opportunity for input This does not include the costs of reproduction and mailing Two open houses These are informal sessions for input There will be various stations with displays (for example, one station for design standards, another for environmental buffers, another for land division) Each station would be manned by one or more knowledgeable staff, Consultants, or Committee members, who could address questions and explain materials in a one on one session Sometime during the open house, there would be a presentation, and various feedback tools would be employed, insuring that the participants issues would be recorded and addressed Deliverable Commumcation Strategy memo, one printed and delivered tabloid newsletter, four mailed newsletters, two open houses Task Cost $20,400 Preference Survey This technique is to show images of various urban, rural, and open space scenes, and asking a large group of participants to rate the image, positively or negatively This has been useful in finding what kinds of urban designs are viewed positively in the local area, and which are viewed negatively In addition, the effect of landscaping and open space can be judged, by adding these elements to the same image The reaction to a streetscape with and without street trees, for example, can then be assessed We are subcontracting with LRK Design, who intends to employ an internet based preference survey, which will be hosted on the City's web site, and available at computer stations throughout the City at local libraries and City offices The options presented will allow participants to interact with the visual images, as well as respond to survey questions Deliverable. Preference Survey, conducted and documented Specialized SubConsultant Task Cost $35,000 M!r--' i� Our firm is a national leader in the use of GIS to model the effect and impacts of land use plans We propose in this task to develop a vacant land based capacity model, and then as the development code was written, we could provide up to date effects on the buildout capacity of the zoning map An additional benefit of a land use model is to develop and monitor benchmarks of housing type numbers, open space and floodplam preservation, employment growth, and a host of land use indicators Wth the addition of assessors data linked to a parcel map, we can develop a redevelopment model for the developed portions of the City that are targeted for redevelopment This allows the City to estimate the effect various regulatory schemes have in fostering or inhibiting redevelopment of land, the area where redevelopment is most likely, and analyze the effect redevelopment would have on existing infrastmcmie Deliverable Operating vacant land capacity model City wide, redevelopment model fot 3 sub areas, analysis as needed during the project, model delivered and one day training to staff at end of project Task Cost $16,175 This technique is often used to query the public regarding their opnuons and responses to a variety of issues We would use the firm of Davis & I3tbbits, a professional survey team which has performed numerous growth issue related survey work. A focus group would be conducted to identify likely growth issues in the public's mind, and their reaction to issues and probing questions From the results of this focus group, a survey would be developed, pretested, and administered The results would then be analyzed A follow up focus group would be conducted, further probing issues brought up in the polling A complete analysis would be presented to the Council to inform the process Deliverable Two focus groups conducted and analyzed, with a analysis report delivered A random sample telephone survey developed, pietested, conducted, and analyzed The analysis would be presented to Council Survey and Focus Group Task Cost $28,500 Total all tasks. Fregonese Calthorpe Associates $156,075 SubConsultants $ 53,700 Expenses, Misc $ 42,800 Total $252,575 Note The development of this code does not constitute the practice of law The purpose is to provide the public involvement, decision -making structure and land use results envisioned in the City of Denton Comprehensive Plan The City of Denton is responsible for providing its legal counsel, and reviewing the code for form, sufficiency, and consututionahty of the provisions The Consultant will cooperate with the City of Denton counsel in review and if necessary, modification of the code � b 3 j k ! � ■ ■ ■ ■ ■ ■ I » - ■ !� �! § # A A § § A B A ! ■ ■ ■_ $! ' $$ © § ' ■ ; i i ! � ! a !| ! g we I � ■ t ■ ■ � \ �| - �! 2 ` § 2 ® � � � ■ . ' 3 2 � � $| � I § � �$ § $ ■ ■ § a $ � % A ! � � I I! I i� � ! �� � � � ! ! # $ k $ $ ` $| . � ,! ■ ` & � 2 K K � 1$ q 2 ( 2 , i � ! � W c a�� o 0 a 0 o 0 o$ 0 o i o Freggoonese Asalfhorpe sociates Regional and Udian Planning Fram ewoirk Plan IMM„M ,,, 1„Ilx M,fM,MM1,M 11n rondo rim mi Publication GIS Analysis Fregonese Calthorpe & Associates is a professional planning firm that provides land use planning at the regional and local levol to governments and pnvaw clients It specializes in methods to focus development and to develop land use patterns that encourage pedestrian activity, transit use and the efficient use of land It provides sophisticated analysis using state-cf-art GIS and computer models, and provides the full range of planning services, including public involvement programs, alternatives analysis, opportunities and constraints analysis, and comprehensive plans and land use ordinances In association with the firm of Calthorpe Associates, it provides the frill range of master planning, urban design, site design, and development design Specialties include • Regional and urban planning, comprehensive plan preparation, ordinance and implementation plan development • Development of a range of effective tools, including land use plans and codes, funchng programs, and development schemes • Development and maintenance of effective tools to control sprawl urban growth boundaries, urban reserves, buildable lands inventories, identification of redevelopment potential, redevelopment plans and implementation tools for recycling of urban land, open space identification and preservation, housing and employment plans • Identification and protection of environmentally sensitive areas • State of the art GIS services and analysis to aid in urban and regional planning • Development of effective public involvement and communication programs 421 S W Sixth Avenue, Suite 1010 Pordand, OR 97204 503-228-3054 Fax 503-525-0478 Regional Growth Strategy Athens -Clarke County, Georgia In August 1998, Fregonese Calthorpe & Associates began working with Athens -Clarke County on updating their planning documents The purpose of the work is, first, to update the planning documents to meet the requirements of the Georgia DCA, and second, to assist in the creation of a new vision for Athens -Clarke County —a vision that better reflects local citizens' values Through the course of the project, Fregonese Calthorpe & Associates will provide state-of-the-art GIS analysis, facilitate public workshops, create newsletters, and assist in the composition of planning publications to help shape a future vision for Athens - Clarke County A set of new "Guiding Principals" has been drafted, with public Input through Community workshops, to help shape future planning efforts in the area by the Unified Government of Athens -Clarke County Using extensive GIS techniques, vacant buildable land and environmentally constrained land have been analyzed for future buildout based on existing zoned densities Next, this analysis will be compiled and included in the Unified Govarnntont comprehensive plan. Using an analysis similar to the buildout analysis, an alternative growth scenario and GIS compatible maps have been developed A communication strategy has been prepared for public involvement and decision making with regard to the preferred growth scenario Code adoption began in January of 1999 By adding new information into the existing GIS database, and assisting in the creation of a new vision and public involvement plan, Fregonese Calthorps & Associates will help drive a new, more pedestrian and transit friendly future for Athen"larke County, Georgia. Regional Growth Strategy Envision Utah Since January 199g, Fregonese Calthotpe & Associates has been helping the Coalition for Utah's Future develop a regional growth management strategy for the Salt Lake City metropolitan area, encompassing 1,200 square miles of the Wasatch Front Region The firm is leading a consultant team and connecting all stakeholders including the client, governments, local businesses and the public The unique and value -driven process synthesizes extensive public involvement and scientific analyses using GIS techniques Key issues include controlling urban sprawl, protecting environmental quality, strengthening the regional economy, and providing affordable housing Efforts to date have been focused on detailed analyses of geographic, demographic, environmental, and transportation conditions of the region Two public workshops wail help the region develop alternatives for analysts At first public workshop in May 1999, Mr Fregonese will facilitate the dtscusston on opportunitiesb and constraints Based upon the resultant input and after extensive modeling and analysts, Fregonese Calthorpe & Associates will develop alternative growth scermnos that wall be presented to the public in early 1999 A preferred scenario will be developed in the same year, along with an implementation strategy Downtown Plan Town of Jackson, Wyoming Since May, 1999, Fregonese Calthorpe & Associates has been working with the Town of Jackson, Wyommg on a comprehensive planning project for the downtown core The purpose of the project, dubbed `Town as Heart of Region," is to enable downtown to become a vibrant, walkable, mixed -use center The project involves many facets including an in-depth examination of existing codes, parking analysis, redevelopment analysis, and a step-by-step public involvement process Throughout the project, GIS data will be developed and maintained for use as tools for analysis As part of the project, Site Design Review Codes will be produced. FCA will lead the process of examining existing codes, developing now codes and modtfying and adopting these new codes with the help of city leaders, staff, and the public FCA will also conduct a parking analysis and assist in developing a Parking Strategy for downtown Jackson, which will include revised parking codes FCA will conduct a thorough review of the cgrrent parking standards and will train city staff to conduct an evaluation of the local actual parking demand ARedevelopnent OpportiaiittesAnalyrets ns a centerpiece of the project The task is to deternnne the feasibility of adding 1,200 units to the downtown core, the probable location of these units, obstacles to their construction, and a qualitative analysis of impacts and infrastructure needs if these units are constructed Based on this analysts, the current zoning would be reviewed, and draft modifications would be prepared that would remove obstacles to development while establishing standards for development that meet community expectations Finally, a Strategic Plan will be developed replete with implementation tools such as strategic infrastructure investments, publicprivate partnerships, and regulations for design, along with any "to goals that are identified, such as affordable housing Mixed -Use Development Plan Portland International Center Portland, Oregon ..�'-ir----------- r Fregonese Calthorpe & AssoctOW with other consultant team members, has been helping the port of Portland, the Trammel Crow Company and Bechtel Enterpnsm develop a mixed -use center with pedestrian and transit orientation for the 120 acre site adjacent to the Portland International Airport to be served by a light -rail by 2001 Proximity to the airport and freeways, with the light -rail line through the site, provides a high potential to create a unique regional focal point The key challenge is to create a vibrant, urban environment supported in the early stages by what are typically considered suburban buildings This apparent contradiction --suburban norms vs urban goals --can be resolved by a flexible plan which integrates three strategies, the right mix of uses, a suing urban street and open space framework, and slight modifications to the standard commercial building and parcel configurations These strategies can not only transform a suburban development into one more appropriate for transit and pedestrian activity, but also create the context for stronger market share, faster absorption rates and higher land values Peter Calthorpe's bold design of a linear parkfeature has captured the enthusiasm of all the participants Three implementation tools will be developed for this project The Block Standards will fix certain urban design qualities for the site while allowing use and density to vary within reasonable limits, The Armature Plan is the basic fixed element of the plan, consisting of a strong urban street and open space framework that will organize a mix of uses into a viable pedestrian and transit oriented environment The Budding Design Guidelines will address the placement of the parking and the reorientation of entries and plazas so the continuity of the pedestrian experience is maintained Fregonese Calthorpe & Associates has been providing GIS images, leading the legal entitlement process and agency coordination, and designing and implementing the public involvement strategy Regional Growth Strategy Willamette Valley Alternative Futures This project was commissioned by 1000 Friends of Oregon to explore two alternative 50-year growth scenarios in the most productive agricultural region in Oregon Our primary role is to provide analytical and representational GIS services to the team. The Pacific Northwest Ecosystem Research Consortium is developing the primary data set with a grant from the Environmental Protection Agency This consists of highly detailed land cover classified from Landsat unagwy at 30-meter resolution Urban areas are verified using auxiliary parcel data, and forest and farm areas are field verified Two distinct scenarios will be developed for growth in the valley using a series of development types that represent spec densities of development and require known levels of infrastructure These will be arranged to accommodate projected growth in each of the urban areas in the valley The `Base Case' scenario will project current land use trends into the future to accommodate the anticipated households and employment The resulting expansion of urban areas onto adjacent lands will be estimated The economc impacts resulting from the loss of farmland and the cost of providing infrastructure to newly urbanized lands will be evaluated using output from the GIS Using the same growth projections, a `Compact' acenano will be developed as a comparative model Slight increases in density and assumptions as to potential redevelopment of existing urbanized areas will result in more limited expansion of urban growth boundaries Capacity Analysts, Growth Myanageonent Alternatives Marion County, Oregon FCA is the lead consultant for creation and implementation of a Growth Management Strategy for Marion County and the 20 incorporated cities within its boundary There are multiple objectives of this project, ranging from famhtanon of governmental data sharing to compliance with state mandates FCA is coordinating Geographic Information Systems Data collection from all jurisdictions involved, including state and federal sources The disparate data has been organized, manipulated, and standardized into a county -wide enterprise GIS for modelmg and growth capacity analysts. Oregon State law requires that cities and counties momtor and update their comprehensive land -use plans on a regular basis Oregon law also requires that many cities analyze the capacity within their urban growth boundaries to ensure a land supply sufficient to accommodate a forecasted 20 years of growth Beyond compliance with state mandates, this project will create an involved public process to determine locally desired future development scenarios The approved fixture scenarios will be implemented through adoption into land -use plans at the city and county levels This project is to develop a Growth Management Framework to coordinate Marion County's plans and the 20 incorporated cities within its boundary As part of the program, this study will address capacity under current plans, and future household and employment projections for the county and the 20 cities within its boundary We are currently 000rdmatmg the assembly of data from the cities and county to be used in this determination Regional Growth Strategy Metro Region 2040 Portland Region, Oregon "Metro 2040" is an innovative process in setting a regional growth management strategy for 24 cities and the urban portion of 3 counties in the Portland metropolitan region, synthesizing the award -winning public involvement program and state -of -art GIS and transportation analyses Principal John Fregonese led this effort as the director of the Metro Growth Management Department, and Senior Associate David Ausherman was then a leading planner and GIS analyst with Metro In 1992 "Metro 2040" started with an extensive survey of citizens' values, and was followed by the modeling and analysis of four alternative concepts Based upon inputs from policy -makers, planning professionals, businesses and citizens throughout the region, the preferred "Growth Concept" was developed It focuses higher density development along transit corridors and maintains natural resources and the character of existing neighborhoods Upon the unanimous adoption of the Growth Concept by the Council and a key local government advisory committee, MPAC, many implementation tools were developed including functional plan requiring conformance by local Jurisdictions, Urban Reserve designations and Urban Growth Boundary revisions as required by state law, with continuing public involvement These efforts were consolidated into the Regional Framework Plan, which was adopted by the Metro Council in December 1997 with national and international media coverage `Metro 2040" is nationally recognized as a successful model of developing a truly effective regional growth management strategy Fregonese Calthorpe & Associates believes programs, plans and implementation tools need to be tailor made for each locality and that continuing public involvement is always a key of success John A. Fregonese Principal Professional Experience 1997 - present Principal - Fregonese Calthorpe & Associates - Portland, OR Founding principal of Fregonese Calthope & Associates, along with Peter Calthorpe It is a full service planning firm specializing in comprehensive planning, GIS analysis, land use ordinances, implementation strategies, and public involvement programs and materials 1992 - 1997 Director of Growth Management Services - Metro - Portland OR Developed the Metro 2040 Growth Concept from its early studies through Its unanimous adoption by the Metro Council and the local government based Metropolitan Policy Advisory Commission. This included the development of the award -winning public involvement program, the modeling and analysis of five complex metropolitan level designs, and the development of the Growth Concept into regional goals and policies for adoption The plan has been recognized nationally and has been the subject of many articles by numerous national and regional newspapers and magazines Since the adoption of the 2040 Growth Concept, he developed several implementation actions, including the adoption of a regional functional plan (implementation goals and requirements), Urban Reserve designation, Urban Growth Boundary revisions as required by state law, and continuing public involvement. Developed the Charter required Regional Framework Plan, a comprehensive regional planning document integrating all of Metro's planning functions in land use, transportation, and open spaces and parlors, and ran the involvement and adoption process Supervised the Data Resources Center, a regional GIS and analysis service for use by Metro departments, local governments and the private sector In 1997, the DRC received the President's Award from ERSI, the software developers of ARCINFO, for the best program among the more than 20,000 users of ARCINFO worldwide Author of many plans and documents, including 'The Main Street Handbook' and 'Shared Parking.' 1979 - 1992 Director of Community Development - Ashland, OR Was responsible for the Department of Community Development, which included planning, buildnng inspection, energy conservation, and computer services for the city Significant accomplishments were development of the Ashland Comprehensive Plan and achieving compliance with LCDC in 1983 including the Urban Growth Boundary, complete rewrite of the Ashland Land Use Code, development of the Ashland Site Design Guidelines, the Solar Access Ordinance, Sign Code, and Physical and Environmental Constraints Ordinance Community Development accomplishments were Extensive renovations of 3 historic city owned buildings and 4 public art pieces, development of the Housing Rehab Program, resulting in 180 renovated homes m Ashland's Htstoic DtstncL Developed and implemented the Ashland Downtown Plan from 1986 to 1992, including plan development and adoption, funding, and development of parking and pedestrian improvements This resulted in many public and private improvements to Ashland's downtown Designed Ashland's affordable housing program and the Open Space program, both now funded and operational 1976 - 1979 Planning Director - Woodburn, OR Was the first full-time planner for the city of Woodburn, Oregon, where for four years he was responsible for all long-range and current planning for the city, including the development of Woodburn's first Urban Growth Boundary and Comprehensive Plan, which achieved compliance with the State LCDC Goals Education 1974. 1976 Attended graduate school mooring in Resource Geography with emphasis in Land Use Planning, Oregon State University at Corvallis, OR 1974 Bachelor of Science with distinction, majoring in Geography with minor in Earth and Marine Science, California State University at Dominguez Hills, Carson, CA David Ausherman Senior Associate Professional Experience 1998- present Semor Associate - Fregonese, Calthorpe & Associates - Portland, OR Responsible for all GIS analysis, cartography, spatial analysis, and associate in urban planning and implementation strategies 1993-1997 Senior Planner, Growth Management Services - Metro - Portland, OR Metro Region 2040 Created design and cartography for Study Concepts and the 2040 Growth Concept. Principal responsibility for development of GIS analysts methodologies for determuung capacity of the Urban Growth Boundary including physically constrained lands, environmentally sensitive lands, redevelopment and iiifill potential, pedestrian mobility/accessibility model and household/employment allocation techniques using a raster based GIS Urban Reserves Project. Staff lead on designating urban reserve study areas following geographic and state cntena. Principal designer of models applying statewide planning goals to potential urban reserve lands including farm land policy, transportation access, schools, environmental and efficiency factors Data development for comparative analysis of the 72 designated study areas Future Vision. Staff support for the Future Vision Commission resulting in a report and map of the larger geographic context of the metropolitan region. Staff support for Regional Design Images, and alternative analysis of specific areas of the region using the three model concepts. Staff support for Broadway/Weidler design project Cartographic and data support for Martin Luther King Boulevard study Growth Concept display for Oregon Historical Society's permanent Portland exhibit. Numerous display materials for cominunity workshops to illustrate choices and unpacts of design options 1991-1993 Associate Regional Planner, Metropolitan Greenspaces - Metro - Portland, OR Member of team which developed the 1992 Metropolitan Greenspaces Master Plan Developed map showing regional trails system and sites of regional significance Developed criteria for decision models to be used in selecting acquisition areas and restoration sites. Coordinated regional trails section of the master plan. 19g6-1991 Landscape Architect - The Office of Robert Perron - Portland, OR Spnngwater Corridor Trail Master Plan and Construction Documents, Gresham, Oregon. Bear Creels Greenway Trail, Master Plan, Ashland -Central Point. Mentor Graplucs campus plan 1985-1996 Principal - Private Design Practice - Jacksonville, FL 1979-1984 Senior Designer - Brian Clouston & Partners - Hong Kong, HK Education Bachelor of Landscape Architecture, University of Flonda, 1979 Master of Design Studies in Landscape Planning, Graduate School of Design, Harvard University, 1990 Glen Bolen Associate Planner Professional Experience 1999- present. Associate - PYegonese, Calthorpe & Associates - Portland, OR Responsible for project management, code writing, GIS analysis and modeling of future development scenanos and growth management strategies 1997-1g9g AasoaateReglaoalPlanner - Growth MamgpnentServices - Metro - Portland, OR MetidsLV=CmowthBomxlary ReWmiNeformxmgmtmtafWawjudxWmnmdmetotDtheUGB Included coordinaftog public heatige,mtorpetiagcode oon phmmwraingoffrepmtsandpieparnordmanoesandresoluhmsto facahmte dedsioosEmm the j Um Camcd onUGB expmrmais of all sines Wrote moddicmwdos toMetro Code concerning theUGB Identdednewweystomonsorthe p neofhilUdsUGBandgvAdimanagementbegceomusingGIS. Plan Project maosW for local gpvermoent compliance with household and jab density allocaaons of Metro's Urban Growth Management Functional Plan Local government haison and project manager for cmmty compliance with Metro's legislation Lead GIS expert for Growth Management Services department Coordinated all mapping and Swgmphrc data and analysis needs. Metro Reaaon 2040 Data manager for all spahal information related to MArds long rings planning and growth management drjwhm lead GIS adpert for %canal analysis, query, and cartography for CHMS department Coordinate mapping and analysts needs for department 1993-1997. Assistant Regional Planner / GIS Analyst - Growth Management Services — Metro - Portland, OR Region 2040 Plain ImdemantatiM Project manager for city efforts to comply with lend use reguenacs. Used computerized spatial modeling techniques to assist cities and counties with planning efforts related to growth management Matra Ramon 2�040 Team member and GIS expert Performed spatial analysts and modeling of future development patterns and scenarios. Ptoduoed cartographic output to communicate information to elected officials and the general public. Coordinated research prgects with representatives from local governments. Worked with Metropolitan Techmcal Advisory Committee to devise tediniques to address concerns of stakeholders including the use of GIS to find solutions compiling rmeds. Used maps to communicate ongoing planmmg efforts. Urban Reserves Team member, performed GIS analysis and research for selection of lands for future growth. Developed and used GIS modals to balance conflicting public needs and ccesiderahai of state land use goals and objectives. Made maps to tHustrate to the public the decisions bang made Earthquake prepmedness proecL Developed a GIS model for predicting casualties in the Portland area as a result of and earthquake. Assembled data sits pettatmng to public infirsianwture from various public agencies and uuhty providers Provided dantogtaplac output Coordinated project with other agencies, consultants and scientists Education Bachelor of Science, majoring in Geography, Umversny of Oregon