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January 04, 2000 Agenda
CXTY OV DENTON C TY COt. CXL A enda tem__ January 4, 2000 Date / / ' After determining that a quorum is present and convening in an open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:15 p.m. and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX. GOV'T. CODE Section 551.086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551.086(b)(3), the City Council may not deliberate or take any fur~. er action on that agenda item in the Closed Meeting.] A. Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Consider, discuss, and deliberate concerning the location, valuation, purchase price, and possible terms of purchase of a certain tract of real property, consisting of 207.54 acres, more or less, in the J. Douthit Survey, Abstract NO. 329, located northeast of the City of Denton, hbutting Hartlee Field Road, and being situated in Denton County, Texas; said real property to be possibly acquired by the City for public use by its Wastewater Utility Department. Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Further discuss, deliberate, consider, and provide staff direction concerning the updated Denton Municipal Electric ("DME") financial model; and receive further competitive commercial, financial, and technical information from DME staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented will involve issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. Co Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Consultation With Attorney --o Under TEX. GOV'T. CODE Section 551.071. Deliberations Concerning Real Property---Under TEX. GOV'T. CODE, Section 551.072. ~City of Denton City Council Agenda January 4, 2000 Page 2 Consider, discuss, deliberate, and provide staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conduct a consultation with the City's attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of ProfessiOnal Conduct. D. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071. Consider and discuss settlement of litigation styled Furstenberg Construction Company v. City of Denton, Texas, et al., Cause No. 98- 20716-158, pending in the 158th District Court of Denton County, Texas. Consider and discuss status of litigation styled Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99-50263-367, pending in the 367th District Court of Denton County, Texas, including mediation and possible settlement authority. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED 'MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, SECTIONS 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." City of Denton City Council Agenda January 4, 2000 Page 3 PRESENTATIONS/PROCLAMATIONS 2. January Yard of the Month Awards 3. Fry Street Small Area Planning Award Resolution of Appreciation A. Consider approval of a resolution of appreciation for Bill Giese. CITIZEN REPORTS Receive a report from Tom Atkins regarding the city's health insurance. Receive a report from Mildred Hawk and Raymond Redmon regarding historical bridges. 7. Receive a report from Dessie Goodson regarding the City of Denton. 8. Receive a report from Ross Melton regarding "You've Got Mail!" 9. Receive a report from Bridger Tatum regarding wastewater billing procedures. CONSENT AGENDA · Each of these items is recommended by the Staff and approval thereof will be strictly on the basis bf the St~iff r~commendations. Approval of the Consent Agenda.authorizes the City manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for paYment under the Consent Agenda (Agenda Items 10-18). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 10-18 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". 10. 11. Consider approval of a tax refund to KM Leasing, Inc. The 1999 tax was paid twice, resulting in an overpayment. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving an interruptible natural gas sales and purchase agreement between the City of Denton and Texas Energy Transfer Co., Ltd. for the purchase of spot market natural gas; authorizing the expenditure of funds therefore; and providing an effective date. (Bid 2438 - Natural Gas awarded to Texas Energy Transfer Co., Ltd. for the monthly consideration for the spot purchase of natural gas) 12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of baseball backstops and fencing; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2442 - Mack Park Baseball Backstops and Fencing awarded to J & J Construction, Inc. in the amount of $121,480) City of Denton City Council Agenda January 4, 2000 Page 4 13. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of ornamental lamp poles; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2434 - Ornamental Lamp Poles awarded to Lone Star Prestress Mfg., Inc. in the amount of $350 each, for an estimated annual expenditure of $70,000) 14. Consider approval of a recommendation from the Oversight Committee to transfer $70,000 from 1986 sidewalk funds to fund the truck route signage on U.S. 380. 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of truck route signage; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2440 - Loop 288 Truck Route Signage awarded to Mica Corporation in the amount of $69,251.10) 16. Consider adoption of an ordinance approving the calendar year 2000 ("CY2000") budgets for the use of hotel tax revenue by the Greater Denton Arts Council, the Denton Chamber of Commerce, and the North Texas State Fair; and providing an effective date. 17. Consider adoption of an ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto Section 26-233 "Water Conservation and Drought Contingency Plan" and Section 26-234 "Criminal and Civil Penalties", adopting a water. conservation plan in accordance with the requirements of the law; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishi9g procedures · for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed $1,000 per day per violation and various 20% surcharge penalties on excessive water use; providing a savings clause; providing a severability clause; and providing an effective date. 18. Consider approval of a resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation so that a project approved in the 1999-2000 Capital Improvement Budget more fully described in the attachment to this resolution may be commenced; and providing an effective date. PUBLIC HEARINGS 19. Hold a public hearing and consider a request to amend the Concept Plan for a Planned Development (PD-115) encompassing approximately 230 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development including single-family residential, multi-family residential, commercial use open space and a school site. The Planning and Zoning Commission recommends approved 5-0 with conditions. (Z-99-O61R, Smith Tract Concept Plan) 20. Hold a public hearing and consider a request to approve a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. A school site, open space and single-family residential use are proposed. The Planning and Zoning City of Denton City Council Agenda January 4, 2000 Page 5 Commission recommends approval 5-0 with conditions. (Z-99-O73R, Smith Tract Detailed Plan) 21. Hold a public heating and consider a request to amend condition one (1) of Ordinance No. 95-198. The 1.2+ acre property, commonly known as 3912 Teasley Lane, is located at the northwest comer of Teasley Lane and Ryan Road and is zoned General Retail conditional (GR[c]). The amendment would allow auto laundry as a permitted use. The Planning and Zoning Commission recommends approval 6-0 with conditions. (Z-99-085, 3912 Teasley Lane) 22. Hold a public hearing and consider adopting an ordinance annexing and zoning approximately 1.5 acres locate west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommends approval 7-0. Second reading. (A-94, Oakmont II, Boundary Adjustment with City of Corinth) 23. Hold a public hearing and consider adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning. Commission recommends approval. Second reading (A-95, Oakmont IV, Boundary Adjustment with City of Corinth) ITEMS FOR INDIVIDUAL CONSIDERATION 24. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for planning services by and between the City and Denton County Electric Cooperative, Inc. D/B/A CoServe Electric for aerial photography services; authorizing the expenditure of funds therefore and providing an effective date. 25. Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas and the Upper Trinity Regional Water District (UTRWD) heretofore executed on November 20, 1990, extending the term thereof for an additional six month period; authorizing the City Manager to execute said amendment; providing for retroactive effect of said amendment; and providing an effective date. 26. Consider adoption of an ordinance authorizing settlement of litigation styled Furstenberg Construction Co., Inc. v. City of Denton, Texas, et al., Cause No. 98-20716-158, currently pending in the 158th District Court of Denton County, Texas; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such settlement under the terms set forth in the attached mediation gettlement agreement, and to take such other actions deemed necessary to finalize the settlement and release of claims; authodzlng the expenditure of funds necessary to effect the settlement in an amount not to exceed the $23,463.00 previously held in retainage; and declaring an effective date. City of Denton City Council Agenda January 4, 2000 Page 6 27. Consider adoption of an ordinance approving a real estate contract by and between the City of Denton and Mark Kempe relating to the City's purchase of 207.54 acres of real property, more or less, in the J. Douthit Survey, Abstract No. 329, in Denton County, Texas, for public use by the City Wastewater Utility Department; authorizing the City Manager to execute said Real Estate Contract and such other and further documents as shall be necessary and appropriate to consummate the purchase of said real property; authorizing the expenditure of funds therefore; and providing an effective date. (The Public Utilities Board recommended approval.) 28. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Emory D. Greening relating to the purchase of 0.145 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. 29. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Eva Elaine, Inc., relating to the purchase of 1.06 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. 30. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Charles R. Jackson relating to the purchase of 0.462 acres of land for the · Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. Consider approval of an ordinance of the City of Denton, Texas, ameriding Ordinance No. 99-474 by establishing exceptions for certain commercial uses from the moratorium established pending the adoption of interim standards for applying policies of the adopted Comprehensive Plan to certain commercial development applications prior to adoption of a revised land development code; providing for a specific exemption for public projects from the commercial development application moratorium; providing for a savings clause; providing for severability clause; and providing for an effective date. 32. Consider the following requests for relief from the provisions of Ordinance 99-474, establishing a moratorium to certain specified commercial development applications: Kwik Industries Children's Lighthouse Learning Center Denton Independent School District projects Denton Cancer Center Shadow Brook Place Metzler's Addition 33. Consider nominations/appointments to Boards and Commissions. 34. Miscellaneous matters from the City Manager. 'City of Denton City Council Agenda January 4, 2000 Page 7 35. New Business This item provides a section for Council Members to suggest items for future agendas. 36. Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 37. Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meqt, ing was posted on the bulletin board at ~the City Hall of the Denton; Texas, on the ;"~q': day of J~;~4~, 2000 5, ~6)o'clock (a.m.) U~ITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF 'REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGendaltem_ z./ ' /?/0o ,, BILL GIESE WItEREAS, Public Utilities Board Chairman, Bill Giese, has represented the interests of the citizens of Denton as either a member or president of the Texas Municipal Power Association Board of Directors from 1993 to 1999; and WltEREAS, Bill Giese has been immunental m conmaunicating the positions of Denton Municipal Electric as a parmer in the TMPA and in helping to reshape the management of the G~bons Creek Plant; and Wi~I~.REAS, Bill Giese, through his representation, continues to be committed to protecting the City of Denton from the impacts of electric deregulation; and WItEREAS, the City Council desires to publicly acknowledge its appreciation of Bill Giese for his representation and leadership; NOW, TItEREFORE, TI-I~ COUNCIL OF T~, CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Bill Giese, felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the Ci~ of Denton, Texas, and forwarding to Bill a tree copy thereof as a token of our appreciation. PASSED AND APPROVE. thisthc' ~ dayof ~.~LI~<~ ,1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY "I:IERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET Allend ltem /0 Date ¢ I{ 0° AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~ SUBJECT: Consider approval ora tax refund to K M Leasing, Inc. The 1999 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of thc Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. 1999 tax for K M Leasing, Inc. was paid twice. Two checks for $1,713.29 each were received on 10/26/99 and 11/19/99, resulting in afl overpayment of $1,713.29. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,713.29. Respectfully submitted: Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst DEC.-15'99(WED) 05:~ CBS MEOHANIOAL, ING. TEL:940 ~$2 8974 P. O0~ APPLI. CATION FOR TAX REFUND CI~ OF DENTON T~ OFFICE Cl~ OF DENTON ~n~ ~ ng a0o~ (flum~r ~a ~et) 601 E. HICKORY SUITE F Gdy, I~ ~ ~s[ o~. s~[e. ~P ~e Pn~6 (e~ ~e gna nu~r) DENTON ~ ,76205 (940) ~9-8318 ,,, To apply for a ~x refund, the taxpayer must complete the following. ~Ne?S Name s~ ~: K M LEASING LLC 0wne~s name 119 RIDGECREST CIR Ci~. ~wn or p~ Offi~ s~le. ZIP ~e Phone (ama ~'a~ ~d address DENTON TX 76205~401 Step 2: Legal d~pfion (or a~ ~py of ~e ~ bell or ~ m~ipt); .pWSLEY P~ BLOCK 7, LOT 12. 13. 14. 15 Des~ibe ~e prope~ ~d~ orlo~Uon of pmp~; 209 -213 AVE G A~unt number of pr~ T~ r~t numb~ 027500 OR 9902190053 Name Yeer Dale ~ount ~nl et T~lng Unit F~ whi~ Fm~ Re,nd ~e ~nO Is Requl~ Is ~e~[~~ T~ Pa~t T~e~.~aid R~ue~ Step 3: 1. City ~f Oenfnn 19R~ 10126199 $ 1,71R G~e the ~X 2. CiN ~f Dent~n 1999 11/t glg9 $ 1,713.29 aayment 3. [nfo~afion 4. _. 5. TaxpayePs reason for refund ( affach suppo~ng documen~fion): 1999 Tax was paid ~ce - ck ~14065 r~ceiv~ on 10126 & ck ~75 received on 11119, bo~ for the same amount res~fing in an ov~ay *1 hereby apply for the re, nd of the abov~esc~bed t~ and ce~iN ~at ~e information I have Step 4: ,,, ~iven on ~is form is ~e and co~t t9 ~e best of rev kno~ed~e and belief.' by pe~on who make~ a ~lse en~ u~n ~e ~r~oing reda shall be su~je~ ~ one of ~e following penates: 1. Imprisonment of not more that ~e 10 yearn nor I~ ~an 2 y~rs and/or a fine of not mom ~an $5,000 or bo~ such fine and impfisonmenb 2. ~nfinement in jail for a ~ up ~ 1 year or a fine to ex,ed $2.000 or bo~ su~ fine and imprisonment as set fo~ in Se~on 37.10. Penal Code. .... '~!s'~re~nd.ls: ':1"'?' I~ProWd~' · I leigapb~vea~..."." , ,., ' Slap ~:* ,Auto.ed ~ *. ~ .* ~ r~.d.... ,~i~,,~',~;"~. [...~ ~' ". "a * ., . . .... '"" ' ~t~rm~on' ~r* , DEG.-l$'99(WED) 08:54 CBS MEGHANIGAL, lNG, TEL:940 582 8974 r. o05 Northstar Bank of Texas KM MULTI FAMILY I LTD 103856? PAGE 11108199 14070 ~.68L_0.0 11104199 Deposit 1. 245._00 11[10199 14071 80.81 i .... I~L-I~_LI.LLLLI I I~l I ii I I1] ' I[ ..... '-~-.-~' ~ '~ ,,,. ttll llllllllllllll t .... 11168199 Deuosit ?05.00 .... . 11116199 Deposit_ __6.208.00- Ll108~9-9 14073 16,88 1111519~ 14068 32S.00 11108199 14069 28.20 ~11122199 14075 1,713.2~// i~ili~ilili!iii!i!iiiililili ............................ i~!~i~i~!~!~i~i~i~i~i~i~:~:~:~:~:~:~:~:~:~:~:~c .............................. i:i:~:i:i:i:i:i:i:i:i:i:i:i: ~:~:~.~:~:~.~:~:~:~ DEC.-l$'99(WED) 08: 4 NORTHSTAR BANK O~ GBS MEGHANIOAL, lNG. KM MULTI FAMILY I LTD 119 RIDGECREST DENTON TX 76205 TEL:940 382 8974 P, O04 022 03 00 PAGE: 1 DATE: 11130159 ACCOUNT: 1036567 DOCUMENTS: 15 TOUCH TONE BANKING 940-321-2986 DIRECT INQUIRIES TO CUSTOMER SERVICE 940-321-5272 N OTICr= $~E REVERSE SID~ FOR IMPORTANT INFORMATION. 3O 4 11 COIWVlERCIAL ACCOUNT 1038567 TAX fDENTIFICATION NUMBER 75-2600632 LAST STATEMENT 10/29/69 17,964.70 4 CREDITS 9,486.00 11 DEBITS 6,485.17 THIS STATEMENT 11/30/89 20,969.63 .......... DEPOSITS .......... REF #.~...DATE ...... AMOUNT REF fl ..... DATE ...... AMOUNT REF # ..... DATE ...... AMOUNT 11/02 1,326.00 11108 705.00 11104 1,245.00 11118 6,206,00 ......... CHECKS ......... CHECK #.,DATE ...... AMOUNT CHECK #..DATE ...... AMOUNT CHECK #..DATE ...... AMOUNT 14068 11115 326.00 14072 11108 69.42 14076 11123 28.20 14069 11108 28.20 14073 11108 10.88 14077 11/26 60,00 14070 11/05 3,687.00 14~4 11!!n 475,00 14078 11122 11.37 14071 11110 80.81 ~1~_~.._4075 11122 1,713.~2-~ ....... DALLY BALANCE ........ DATE ........... 0ALANCE DATE ........... 0ALANCE DATE ........... 0ALANCE 11/02 19,289.70 11110 17,357.39 11122 21,037.73 11/04 20,634.70 11115 17,032.39 11/23 21,009.53 11105 16,847.70 11118 23,237.39 11126 20,959.63 11108 17,436.20 11119 22,782.39 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 4, 2000 Materials Management Agead. 700/ Agendaltem ,/[ Questions concerning this acquisition may be directed to Howard Martin 349-8232 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance of the City Council of the City of Denton, Texas, approving an interruptible natural gas sales and purchase agreement between the City of Denton and Texas Energy Transfer Co., Ltd. for the purchase of spot market natural gas; authorizing the expenditure of funds therefore; and providing an effective date (Bid 2438-Natural Gas awarded to Texas Energy Transfer Co., Ltd., for the monthly consideration for the spot purchase of natural gas). BACKGROUND: 1. In May 1992, the City of Denton instituted bidding procedures for spot purchases of natural gas whereby contracts were established with gas companies interested in participating in the City's monthly spot gas purchase program for fuel at the Denton Municipal Utility Electric Production Plant. 2. We currently have contracts for spot supply of natural gas with Enserch, Mobil, Trinity, Tristar, Highland, Taurus, Cornerstone, Midcon, National Energy & Trade, LLC., and Delhi Pipeline. These contracts will remain in effect until either party cancels. Approval and execution of a contract with Texas Energy Transfer Company, Ltd. will extend the competitive bid opportunities for natural gas spot supply. 3. These contracts allow for the competitive bidding on a monthly basis of prices for natural gas with all suppliers bidding under the same terms and conditions. RECOMMENDATION: We recommend approval of a contract with Texas Energy Transfer Co., Ltd. for natural gas spot purchase consideration. ESTIMATED SCHEDULE OF PROJECT: This is an ongoing contract agreement. Prices are solicited on a monthly basis as needed for the spot purchase of natural gas. FISCAL INFORMATION: Funds for the purchase of natural gas as a fuel for the Electric Production facility will be taken from the 1999/2000 budget. ~' Agenda Information Sheet January 4, 2000 Page 2 BID INFORMATION: This bid is intended to develop new sources of natural gas for spot or as needed purchases. Various conditions create the opportunity for the City of Denton to make purchases of interruptible gas supplies at a lower price than our uninterruptible gas supply contract. Due to the vulnerability and fluctuation of the market, quotes are solicited every month for natural gas spot purchase from those suppliers approved by Council. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1315.AGEN DA ORDINANCE NO. ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS ENERGY TRANSFER CO., LTD. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2438-NATURAL GAS AWARDED TO TEXAS ENERGY TRANSFER CO., LTD., FOR THE MONTHLY CONSIDERATION FOR THE SPOT PURCHASE OF NATURAL GAS). WHEREAS, the City has a need for intermptible natural gas purchases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the City could realize price savings by purchasing gas on the spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chapter 252 of the Local Government Code: NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it authorizes the Mayor to execute the attached Intermptible Natural Gas Sales and Purchase Agreement with Texas Energy Transfer C6., Ltd. providing for the purchase of spot market natural gas. SECTION II. That the City Manager is authorized to expend funds in accordance with the terms of the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: /~ ~ c 2438 NATURAL GAS.O~ANC~ Standard Contract Standard Contract City of Denton Utilities lnterruptible Natural Gas Sales And Purchase Contract Agreement Date: 11-18-99 Texas Energy Transfer Company, Ltd. (S~]L~R) Limited Partnership Corporation agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said nammt g~ fi.om S~r.r.~,R purs,,-~ to the terms and conditions hereinafter set forth. I. DEFINITIONS: The term "Agreement" shall mean this Imerruptible Natural Gas Sales and Purchase Contract including Attachment A which is incorporated herein. "month" shall mean a calendar month. The term "MMBm" shall mean one million (I,000,000) British the, u~ units. The term "Receiving Pipeline" shaft mean the interstate, intrastate, or local distribution company immediately downstream of the Point Of Delivery. The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and 'which shall bind BUYER and S~!.r-lz~. to particular transactions for the purchase and sale of natural gas in accordance with the terms thereof and this Agreement. The term "Point Of'Delivery" shal/mean the location of the physical delivery to the Receiving Pipeline. The initial term will be one year from the date hereof, and month to month thereafter, subject to the right of either parry to terminate this Contract on 30 day's prior written notice to the other party.. page 18 PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVERY: ...... On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on tho "Buyers Notice" shown in Attachment A. Prices shall include and SP-L!.ER shall bo respon~le for payment of ail royalties, production.taxes, property taxes, severance taxes, purchaser taxes, and ail other tax~ and licm~e fees which attach to the gas prior to deL',very hereunder. Pric~ shall also include and SELLER shall be responsible for payment of gathering and trsmportation chsrges to the Point Of Delivery, payments or other charges thereon applicable before the title of~, passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of Delivery. 4. QUANTITY AND POINTS OF DELIVERY: Gas quantities and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in ARachment A, signed by BUYER and by SELLER. Requests for bids, submission of bid% or pr '~lnninary correspondence will not act as a Buyers Notice and shall not be the basis for ?s deliveries under this contract. SF. IJ.FR shall deliver gas quantities con-~i~ent with the quantity, Point Of Dellvery, Receiving Pipeline, and dates as specified in the "Buyers Notice" t~om the BUYER. $. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to ~eceive, the 8as quantities as specified in the Buyers Notice. Either party may at any time curtail or interrupt service with no liability to either party. The curtaiilrlg pal'By' will make diligent efforts to notify the other party of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to _.oa-~.quantities or changes in poims of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER. ff accepted by SELI.~R, SI~I l.h-"px shall make all arrangemerlts needed to revise deliveries within 24 hours. If SELLER wish~s to increase gas quantifies or change points of delivery, he must notify BUYER, and receive a revised Buyers Notice sisned by BUYER to do so. 7. OVER-DELIVE]~S If SELLER provides gas quantities for a momh in excess of 4% above the quantities in the 'Buyea-s Notice" or at points of delivery not specified in the "Buyers Notice", BUYER shall have the right to refuse the quaiiiiiles of~c~tq and shall be exempt from any payments on those gan quantities. SI~.I I.I~'R shall be liable for any penalties or excess storage or transportation charges owed by the BUYER. as a result of the SEI.LI~RS deliveries in excess of 4% of the Buyers Notice or at locations not specified in the "Buyers Notice". page 19 8. GAS AND PRICE UNITS: All gas quantifies and prices .shall be in MMBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcfand Btu fi:ce of water vapor (Dry). Prices will be in U.S. dollars. 9. QUALITY AND PRESSURE: The gas delivered by SI~.~.pR. shall meet the pressure requirements and quality specifications of the Receiving Pipeline. 10. TITLE: SELLER warrants for itse~ its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrantS it has the right and lawful authority to sell the gas and.that such gas is fi.% from liens, encumbrances and claims ofeve~ kind.: SELLER shaft indemnify and save BUYER harmless from ail suits, claims, liens, damages, costs, losses, e~penses and enca~mbrances of whatsoever nature arising out of claims of any or ali persons to gaid ~wa~ or the title of said gas. S17.LI.F~R. shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the 5,~t~ has been delivered to the BUYER at the Point Of Delivery. Title and risk of loss shall pass at the Point Of Delivery fi.om ShTLLFR to BUYER. 11. DETERMINING PAYMFNT VOLUMES: On'approximately the 15th day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline. If these volumes differ fi'om BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER shaft have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delivered volumes by BUYEK, Sg!.I.I~'R. and Receiving Pipeline. BUYER and SF.I.I.I~R shall have the right to later revise payment volumes as a resUlt of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or trans, portation of the gas. 12. PAYMENT Within 12 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 11. Payments statements should be directed to BUYER at: City of Denton Utilities Electric Production Division 1701-A Spencer Road Denton, TX 76205 Attn: Phi'l Rennaker Manager, Electric Production page 20 13. NOTII~CATION: Commun/cations regarding the performance of'this contract shall be directed to: SELLER: BUY]~ Texas Energy Transfer Company, Ltd. 211311 Woodside Dallas, TX 75204 Attn: $olm Nolan, ProUder 14. PERFORMING NOMINATIONS: City of Denton Ut/Ikies Elecuic Produ~ion Division 170 I-A Spencer Road Denton, TX 76205 AU:ri: Pht.1 Re---leer Manager, Electric Production BUYER will be soleiy responsible for nomim,tion of E.-, volumes to the Receiving Pipeline, unless Sh'~l.l.gR is given specific wdiien authorization fi.om BUYE~ to perform these nominations. Sl~.r.l~,. shall be respon~hle for all necessary nominations to transporters and all others related to the mpply of natural ?, prior to Point Of Delivery. 15. EXCHANGE OF GAS QUANTITY INFORMATION: Dining the period of.~_~,.! ~. deliveri~, .~,a'r.r.m~ and BUYER. shall make available to each other currem estimates of gas flows at the Point(s) of delivery under this agreement for the purposes ofnomi..6on to others and the monitoring of actual gas quantities delivered. If' S~er is -ri.hie to provide current estlmstes of E~_~ activity to B~ $RLT.F_~ will assist BUYEK in obtair~ said ia~'on~tlon fi.om pipeline transporters, processing plant operators, well operators, or upstream suppliers. 16. GovERNING STATE: This agreement shall be construed pursuant to the laws of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. SI~I :! .1~: Texas Energy Transfer Company, Ltd. By its G-eneral~ Partner, TETC, Inc. BY:'r~~ By: BUYER: Title: Mackie McCrea. Attorney-in-Fact Date: 11-18-99 Title: Date: page 21 ATTACHMENT A Date: DEc, ri'ON MUNICIPAL UTILITIES - SPENCER STATION 1701 A $i=~CER I~OAO F~ 940-349-7555 Firm Address Dear Below is a Buyers Notice for (month. year) supply to the City of Denton. T.--,s~ Under this purchase the City of Danton, Texas, will take title to the gas at the point of delivery and be responsible for payments subject to the terms of the purchase contract. BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT Buyers Notice Number: Contract Date: BUYER: City of Denton. SELLER: Electric Production Division All volumes and prices are based on mmBtu's, adjusted to 14.65 dry/dry. Prices are in'U.S, dollars. Dates for Point of Pipeline Volume Price delivery delivery (MmBtu/ ($/mmBtu 14.6S D/D) 14.65 D/D) Lone Star Accepted and Agreed (Seller) Accepted and Agreed (Buyer) Dated: Dated: To facilitate payment, please sign the above Buyers Notice and return via fax. attn: Phil Rennaker page 22 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: January 4, 2000 Materials Management Questions concerning this acquisition may be directed to Howard Martin 349-8232 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance of the City Council of the City of Denton, Texas, approving an interruptible natural gas sales and purchase agreement between the City of Denton and Texas Energy Transfer Co., Ltd. for the purchase of spot market natural gas; authorizing the expenditure of funds therefore; and providing an effective date (Bid 2438-Natural Gas awarded to Texas Energy Transfer Co., Ltd., for the monthly consideration for the spot purchase of natural gas). BACKGROUND: 1. In May 1992, the City of Denton instituted bidding procedures for spot purchases of natural gas whereby contracts were established with gas companies interested in participating in the City's monthly spot gas purchase program for fuel at the Denton Municipal Utility Electric Production Plant. 2. We currently have contracts for spot supply of natural gas with Engerch, Mobil, Trinity, Tristar, Highland, Taurus, Cornerstone, Midcon, National Energy & Trade, LLC., and Delhi Pipeline. These contracts will remain in effect until either party cancels. Approval and execution of a contract with Texas Energy Transfer Company, Ltd. will extend the competitive bid opportunities for natural gas spot supply. 3. These contracts allow for the competitive bidding on a monthly basis of prices for natural gas with all suppliers bidding under the same terms and conditions. RECOMMENDATION: We recommenfl approval of a contract with Texas Energy Transfer Co., Ltd. for natural gas spot purchase consideration. ESTIMATED SCHEDULE OF PROJECT: This is an ongoing contract agreement. Prices are solicited on a monthly basis as needed for the spot purchase of natural gas. FISCAL INFORMATION: Funds for the purchase of natural gas as a fuel for the Electric Production facility will be taken from the 1999/2000 budget. Agenda Information Sheet January 4, 2000 Page 2 BID INFORMATION: This bid is intended to develop new sources of natural gas for spot or as needed purchases. Various conditions create the oppommity for the City of Denton to make purchases of interruptible gas supplies at a lower price that our unintermptable gas supply contact. Due to the vulnerability and fluctuation of the market, quotes are solicited every month for natural gas spot purchase tSom those suppliers approved by Council. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1315.AGENDA AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET .40enda No. Agenda ~m /o~.- January 4, 2000 Materials Management Questions concerning this acquisition may be directed to Ed Hodney 349-8271 Kathy DuBose, Fiscal and Municipal Services~r'~"~ SUBJECT: An ordinance accepting competitive bids and awarding a contract for the purchase of Baseball Backstops and Fencing; providing for the expenditure oF funds therefor: and providing an effective date (Bid 2442-Mack Park Baseball Backstops and Fencing awarded to J & J Construction, Inc. in the amount of $121,480). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, J & J Construction, Inc., in the amount of $121,480. ESTIMATED SCHEDULE OF PROJECT: This ball park improvement project is to be completed within 90 days of notice to proceed or approximately the 3rd week of April 2000. FISCAL INFORMATION: Funding for this park improvement project is available from bond fund account (462-031-ATHL- 9946-910!). BID INFORMATION: This project is located at Mack Park and consists of replacing the backstops, side and outfield fencing on three baseball fields with taller and stronger fencing. Also included are six new dug out areas and team benches as part of our overall effort to upgrade park facilities. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1312.AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2442 Date: 12/9/99 Mack Park Baseball Field Backstops and Fencing Improvements No. Qty. DESCRIPTION VENDOR VENDOR J 8, J Gonstruction DBR Construction Base Bid $121,480 $129,975 1 Addendum #1 Yes Yes Number of days work completed 90 Days 90 Days Bid Bond Yes Yes ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF BASEBALL BACKSTOPS AND FENCING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE; (BID 2442-MACK PARK BASEBALL BACKSTOPS AND FENCING AWARDED TO J & J CONSTRUCTION, INC. IN THE AMOUNT OF $121,480). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction' of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein;. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to ~he bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: . BID 'NUMBER' ~ AMOUNT 2442 J and J Construction, Inc. $121,480 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY' 2442 - CONTRACTUAL ORDINANCE (1/00) AGENDA DATE: DEPARTMENT: ACM: SUBJECT: AGENDA INFORMATION SHEET January 4, 2000 Materials Management A~en~ No. ~-...-~ Agenda Ite,m~7/ ~ ' "' OatL t/ - Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services'-~ An Ordinance accepting competitive bids and awarding an armual contract for the purchase of Ornamental Lamp Poles: providing for the expenditure of funds therefor; and providing an effective date (Bid 2434-Omatmental Lamp Poles awarded to Lone Star Prestress Mfg., Inc. in the amount of $350 each, for an estimated annual expenditure of $70,000). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Lone Star Prestress Mgf., Inc., in'the amount of $350 each. ESTIMATED SCHEDULE OF PROJECT: These poles will be ordered on an as needed basis and can be delivered in approximately 28 days after receipt of an order. FISCAL INFORMATION: Poles will be purchased from inventory working capital funds and recharged to the appropriate account number as they are installed. BID INFORMATION: This bid is for an annual contract to supply 20' ornamental lamp post. The posts are used in several new housing developments in the City of Denton. This contract allows the developer to choose the style of pole that best fits their development design. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ~ Attachment 1: Tabulation Sheet 1313.Agenda ATTACHMENT 1 TABULATION SHEET Bid# 2434 Date: 11/30/99 POLE, ORNAMENTAL LAMP 20' No. Qty.l DESCRIPTION VENDOR VENDOR NO BID RESPONSES iiiiiiiil}ili ii i!} iii i ii iiii ii iii i iiii![ iiii[!i}i ii[i~:!iiii PreferredstresscreatSales PrestressedL°ne Star The Pole Co. 1 200 Pole, Ornamental Lamp 20' $386.00 $350.00 W.M. Dusenbery EA. Alternate $310.00 Techline Cummins ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ORNAMENTAL LAMP POLES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2434-ORNATMENTAL LAMP POLES AWARDED TO LONE STAR PRESTRESS MFG., INC., .IN THE AMOUNT OF $350 EACH, FOR AN ESTIMATED ANNUAL EXPENDITUR~ OF $70,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2434 ALL Lone Star Prestress Mfg. $70,000 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the ten-ns, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted.~ SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ' BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1313.SUPPLY ORDINANCE AGENDA INFORMATION SHEET Al~n~ No.~ Agenda Itjem.. ,,_ Date_ 1/~//0<9 ....... AGENDA DATE: DEPARTMENT: CMfDCNUACM: January 4, 2000 City Manager's Office Rick Svehla, Deputy City Manager SUBJECT: Consider approval of a recommendation from the Oversight Committee to transfer $70,000 from 1986 sidewalk funds to fund the truck ronte signage on U.S. 380. BACKGROUND: We've been working on the truck reroutes from U.S. 380 to Loop 288 for a couple of years. The State signed off on the design and placement of the signs in late summer. We drew up specifications and received approval from TXDOT and took bids. The Sunset Oversight Committee members (Roni Beasely and Joe Mulroy) have concurred with staff's recommendation to use this old 1986 sidewalk money to implement the signage improvements. The reason for recommending this is originally this 1986 money was for capacity improvements (widening) to the highways. The rerouting of the truck traffic with the implementation of the signs would help the carrying capacity of U.S. 380 (University Drive) Therefore, the Committee felt that this project was an appropriate use of the funds and has recommended it to you. There are sill fimds available to carry out the intent of the original '91 Committee. That is to build sidewalks on developed parts of highways in the 1986 issues, (i.e. Loop 288 and U.S. 380). RECOMMENDATION: The Oversight Committee and staff recommend transferring $70,000 of 1986 sidewalk funds for the truck route signage project. FISCAL INFORMATION: Bid for the signage is approximately $70,000. Funding would come from the 1986 bond sidewalk account, # 452-020-SWLK-9511-9152, EXHIBITS: Memo Respectfully submitted: Rick Svehla Deputy City Manager 215 E. McKINNEY DENTON, TEXAS 76201 * (940) 349-8307 * FAX (940) 349-8596 OFFICE OF THE CITY MANAG=~ MEMORANDUM DATE: January 4, 2000 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: FUNDING FOR REROUTED TRUCKS FROM U.S. 380 TO LOOP 288 As you all know, we have been working for a long time to get TXDOT to approve the re-routing of trucks from U.S. 380 up to Loop 288. Over two years ago the Council approved an ordinance to do that. About two months ago TXDOT approved the truck route project and gave us their requirements. We converted those into specifications, went out for bid, and received bids on December 2nd. The low bid came in at about $70,000. Our last hurdle is to find funding for the signage. Our suggestion is to use old 1986 monies from the sidewalk category. This money is for sidewalks along highways that were originally in the 1986 issue, such roads as U.S. 380, Loop 288 and Fort Worth Drive. This bond money began as part of a match for the actual construction of these roads. Some of you may remember that TXDOT changed its rules right after the 1986 bond issue was passed and our matching funds were no longer needed. The '91 Committee recommended that instead of using them for actual highway construction, we use them for sidewalks along these roads. So this money was originally for the widening and capacity improvement of highways. Removing the truck traffic accomplishes a similar thing; it makes for easier vehicle movement and increases the capacity at signals, etc., because the trucks are much slower moving. Therefore, they think it's reasonable to consider using this sidewalk money. Even after using $70,000 we would still have funding left to be able to do sidewalks in front of existing developments on U.S. 380 and Loop 288. I was able to contact Joe Mulroy and talk to Roni, the remainder of the Oversight Committee from the 95 issue. They both felt that this was a very appropriate use of the money and recommend it to the council. The Sunset Oversight Committee and staff recommend that you use the funding from the '86 bond issue to award the bid #2440 Loop 288 Truck Route Signage that is the next item on your consent agenda. If~~se call me at your convenience. Rick Svehla Deputy City Manager RS:al "Dedicated to Quality Service" www. cityofdenton, corn AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 4, 2000 Agenda Ho,. ...... Agendaltem .... --_, Questions conceming this acquisition may be directed Materials Management to Jerry Clark 349-8390 Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of Truck Route Signage; providing for the expenditure of funds therefor; and providing an effective date (Bid 2440-Loop 288 Truck Route Signage awarded to Mica Corporation in the amount of BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Mica Corporation, in the amount of $69,251.10. ESTIMATED SCHEDULE OF PROJECT: The project is scheduled for completion within 60 workdays or approximately the first week in April 2000. FISCAL INFORMATION: The funding will be taken from 1986 CIP Bond fund account (452-020-SWLK-9511) as outlined in a prior item on this consent agenda. BID INFORMATION: This signage project is for the labor and materials to install 7 large and 35 smaller truck route signs, designating Loop 288 as the official U.S. Highway 380-truck route through the City of Denton. Signs will be designed and installed as specified by the Texas Department of Transportation. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Location Map 1314.AGENDA ATTACHMENT 1 TABULATION sHEET Bid # 2440 Date: ~ 2/2/99 LOOP 288 TRUCK ROUTE SIGNS No. Qty.I DESCRIPTION VENDOR VENDOR ~!~!~!~i~!~i~!~:~:~!~!:~:~:~i~i~!~!~ MICA CORP. ASC PAVEMENT MARKING 1 BASE BID $69,251.10 $88,345.00 BID BOND YES CASHIER CHECK ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK ROUTE SIGNAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2440-LOOP 288 TRUCK ROUTE SIGNAGE AWARDED TO MICA CORPORATION IN THE AMOUNT OF $69,251.10). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in. accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee hhs received and recommended that the herein described bids are the lowest responsible bids for the constmction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I.' That the following competitive bids for the construction of public works or . improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2440 Mica Corporation $69,251.10 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION IH. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective mediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2440 - CONTRACTUAL ORDINANCE AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION S}IEET January 4, 2000 Fiscal & Municipal Services Kathy DuBose ~ Agenda Agenda It(~m Oate SUBJECT: Consider an ordinance approving the Calendar Year 2000 ("CY2000") budgets for the use of hotel tax revenue by the Greater Denton Arts Council, the Denton Chamber of Commerce, and the North Texas State Fair; and providing an effective date. BACKGROUND The City Council approved three year contracts for these three agencies in 1998. The term of these contracts is January 1, 1999 through midnight December 31, 2001. This is the second year of that term. Funding for calendar year 2000 is dependent upon budget approval by the City Council. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) The Hotel Occupancy Tax Committee reviewed all budget applications and are recommending the Hotel Tax revenue allocations to these Denton agencies. FISCAL INFORMATION: Approved allocation of $490,047 of Hotel Occupancy Tax Funds to these agencies for FY 1999-2000. Respectfully submitted: /Diana Ortiz ~ Director of Fiscal Operations ORDINANCE NO. AN ORDINANCE APPROVING THE CALENDAR YEAR 2000 ("CY2000") BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the CY2000 budgets for the use of hotel tax revenue by the Greater Denton Arts Council, the Denton Chamber of Commerce~ and the North Texas State Fair, attached as Exhibits A, B, and C hereto, and incorporated by reference herein, are hereby approved, subject to the limitations contained within each entity's currently existing hotel tax contract with the City of Denton, Texas. S~QTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2000. day of ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HE~ Exhibit A Greater Denton Arts Council Revised Budget Proposal Program Year 2000 Art Salaries Exhibitions/ Programs Operations Building Salaries Maintenance Program/Activity Program/Facilities Related Payroll Free Public Exhibitions and Programs Program/Facilities Related Payroll Facility/Properties Requested Amount $ 72,710 10,000 9,000 $ 91,710 $ 15,000 8,000 $ 23,000 *Total: $ 114,710 *$114,710 is based upon a 4% increase from year one of the current City/.GDAC Hotel contract plus $1,000 projected interest eamings. Exhibit B DENTON CONVENTION & VISITOR BUREAU BUDGET PROPOSAL Program Year 2000 Advertising Print Advertising Convention Advertising Tourism Promotion Material Marquee Billboard Brocl~ures Travel Shows Memberships/ Subscriptions/Mtgs Tourism Services Program I Activity DFWATC Visitor Guide TX Monthly Fall Travel Planner TX Monthly Spring Travel Planner TX Monthly Ad Southern Living Southern Living Travel Directory TTIA See Texas First Fall Brochure ads in TTIA Fall/Spring TX Parks & Wildlife Home & Away Oklahoma Daily Oklahoman Spring Travel Plan Daily Oklahoman Fall Travel Plan Yearly rate inc/rspns pstg/misc.exp New Ads in 2000 Ad Design Fees Convention Advertising Convention Promotion Convention Trade Show Visitor Guide & Contract Services Visitor Video Copies Specialty Items Photos/Slides 1-35E - South of Denton Rental Changeouts Reprints TTIA Travel Show Dan Dipert Kincaid Travel Show McAllen Int'l Trade Show DFW Area Tourism shows TTIA - Membership TTIA - Travel Summit DFWATC - Membership Hospitality Training Advisory Board Meetings~ - Supplies Tourism Week Custom FAM Tours Website/Contract Fees Anderson/Hanson Publicity Requested Amount $ 59,975 1,000 500 8,150 26,700 12,000 4,200 1,550 28,300 Exhibit B DFW Reg. Film Commission Special Projects Administration Salaries Admin Costs/ Office Supplies/Equip. Convention Investment Spon Lone Star Film & TV Awards Travel and photos Intern Special event promo.opp.' Special Ad Opp. Diractor/Admin. Asst./Info Salary - Temp Staff Salary- Accounting Salaries - Visitor Info. Retirement - Director Car Allowance Payroll Taxes Health Insurance Liability Insurance Travel & Training Computer Equipment Copy Machine Warehouse storage Furniture/Supplies Office Supplies Telephone Service/Toll Telephone Metro Service Printing Postage Solicitation/Travel Convention Service Memberships/Subscrpt/Mtgs TACVB - Membership TACVB - Conference TACVB - Education THMA- Membership NASC - Membership 4,100 4,500 $ 150,975 $ 81,088 1,000 4,208 1,483 2,001 4,200 8,500 10,245 50O 2,500 2,500 50O 45O 3,500 7,000 1,200 1,000 4,695 700 400 800 400 226 400 $ 139,496 Total: $ 290,471 Exhibit C NORTH TEXAS STATE FAIR REVISED BUDGET PROPOSAL PROGRAM YEAR 2000 Advertising Telephone Advertising Postage Printing Salaries Utilities Office Supplies Equipment Program/Activity :xe. Dir & Secretary Total: $ Requested Amount 3,656 26,680 2,000 15,000 28,706 5,200 1,044 2,580 84,866 *Exhibitor's Handbook, Rodeo Program, Brochure AGENDA INFORMATION SHEET Aoends No.~ Agenda Ile, m~, Date_//~/00 AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Water Administration Howard Martin, 349-8232 SUBJECT: Consider approval of an ordinance amending chapter 26 of the code of ordinances of the City of Denton by adding thereto section 26-233 "Water Conservation and Drought Contingency Plan" and Section 26-234 "Criminal and Civil Penalties", adopting a water conservation plan in accordance with the requirements of the law; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing procedures for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed $1,000 per day per violation and various 20% surcharge penalties on excessive water use; providing a savings clause; providing a severability clause; and providing an effective date. BACKGROUND: Staff will also field questions from the City Council and summarize issues for the Council's approval. This plan is a requirement of the TNRCC as a part of the Senate Bill One legislation that followed the 1996 statewide drought. The Plan includes strategies to achieve a reduction in per capita water use by 15% over the next fifty years (2000-2050). These goals are based upon a state initiative to satisfy the water needs of an expanding population that has finite Water resources available for future development. Projections indicate that per capita usage will increase on the short term before other factors (such as water conservation plumbing fixtures, higher water rates, conservation based rate structures, and landscaping practices) begin to cause a net decrease in water use. The Water Conservation Plan includes many provisions that the City of Denton has previously incorporated into its current utility operations. These include the following: 1. The inverted block residential rate structure. 2. Our current water meter calibration and change out program. 3. Internal and external water audits conducted by staff. 4. The practice to fully meter all uses, especially by the City of Denton. 5. High/Low bill monitoring program. 6. The public education and public information efforts by our existing staff that promote water conservation practices, leak detection/prevention measures, low water use irrigation systems and Xeriscape landscaping. Based upon the feedback staff received from the Public Hearing on December 7, 1999, there were no significant revisions to the Water Conservation section or to the Drought Contingency Plan. Title 30, Chapter 288, Subchapter B of the Texas Administrative Code (TAC) requires public water suppliers to develop and implement drought contingency plans. These plans are designed to assist a water utility during periods of extended droughts or other short-term limitations in water supply. The Drought Contingency Plan follows a similar fomxat used in the Dallas Water Utilities' proposed plan. This plan provides flexibility to handle a range of emergency conditions where demand side management is both beneficial and necessary to meet customers' essential water needs. This plan details what events or situations could trigger a need to implement demand management measures, what types of water customers or uses would be effected, and how these measures would be communicated to the pubic. The need to coordinate Denton's plan with the Dallas plan was deemed appropriate due to the following: 1. The water supply reservoirs shared by the two cities (Lake Ray Roberts and Lake Lewisville), 2. The fact that Denton is an untreated water supply customer of Dallas and will be effected by restrictions that may be initiated by the Dallas plan. 3. The desire for consistency in communication to customers in a television and media market common to many different water utility entities. The plan identifies three different types of water shortage situations which might occur and that would result in different types of demand side management strategies. These are listed below: 1. Type A - Water supplies are low. 2. Type B - Water demand approaches system capacity. 3. Type C - Short-term deficiencies limit supply capability. The plan also identifies four stages of the management strategies designed to address the severity of the water supply shortage situation. These are listed below: 1. Stage 1 - Water Awareness. 2. Stage 2 - Water Watch. 3. Stage 3 - Water Warning. 4. Stage 4 - Water Emergency. The plan incorporates a 20% penalty in Stage 3 and in Stage 4 for residential customers with water usage over 30,000 gallons per account (Stage 3) and over 15,000 gallons per account (Stage 4) per 30 day period. The 15,000 and 30,000-gallon limits are based on the cut-off point for gallons consumed on the rate schedule (Exhibit VI). A 20% penalty is also proposed for commercial customers and industrial customers who use more than their monthly average during stages 3 and 4. There is also specific language to allow the city to curtail wholesale customer accounts by a pro rata reduction in rate of flow control valve settings. RECOMMENDATIONS: Staff recommends approval of this Water Conservation and Drought Contingency Plan for the specific purpose of managing the use of water during emergency conditions. PRIOR ACTIONS: September 13, 1999 PUB: The Plan was reviewed by the Board. Suggested revisions included: Modification of the trigger conditions for each stage of the Plan Clarification of water restrictions and penalties for each customer class at each stage Identify procedures for communicating the plan to customers and other agencies. October 18, 1999 PUB: Board approved the Plan. November 9, 1999 City Council: Work session to discuss the Plan. Recommendations from City Attorney included: Revision to make the City Manager responsible for initiating the Plan. Changes to accommodate violations and subsequent violations to the Plan. December 7, 1999 Public Hearing. There was one speaker who spoke in favor of the plan. Staff made no changes to the Plan. Parks and Recreation department recommendations for stages two (2) and three (3): City departments reduce all computerized irrigation by the percentages required and eliminate the posted five-day schedule. Staff initiated self auditing on computerized systems, but maintained the posted 5-day schedule. Move restrictions on public swimming pools from stage two (2) to stage three (3). Staff agreed and eliminated public pools from all restrictions. Nurseries, City and retail, be allowed to water plant stock with low-volume drip-emitter systems in Stage three (3) and eliminate the posted five-day schedule. Staff implemented the low-volume drip-emitter suggestion in stage three (3) but left the five-day posted schedule intact. ESTIMATED SCHEDULE OF PROJECT: A draft version of the plan was submitted to the TNRCC and the Region C Planning Committee on September 1, 1999. A revised plan will be forwarded to these entities after it has been formally adopted by the City Council. Respectfully submitted: Howard Martin XN Assistant City Manager / Utilities Prepared by: Tim Fisher- Assistant Director of Water Utilities Exhibits: I. Water Conservation and Drought Contingency Plan. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING THERETO SECTION 26-233 "WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN" AND SECTION 26-234 "CRIMINAL AND CIVIL PENALTIES"; ADOPTING A WATER CONSERVATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WA- TER USES; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION AND A CIVIL PEN- ALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND VARIOUS 20% SUR- CHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 11.272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require the City to prepare and adopt Water Con- servation and Drought Contingency Plans; and WHEREAS, the City Council of the City of Denton, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion dur- ing periods of. extended drought; and WHEREAS, prior to the adoption of this ordinance, the City Council held a public hear- ing to obtain citizen comments and input on the Water Conservation and Drought Contingency Plans; and WHEREAS, the City Council deems it in the public interest to adopt the following Water Conservation and Drought Contingency Plans; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 26 of the Code of Ordinances of the City of Denton is hereby amended by adding new Sections 26-233 through 26-234, which shall read as follows: See. 26-233. Water conservation and drought contingency plans. (a) Adoption of plans. The Water Conservation and Drought Contingency Plans of the City dated January 1, 2000, which are attached hereto are hereby adopted by reference and made a part of this Code of Ordinances for all purposes as if fully set forth herein. (b) Surcharges. In addition to the penalties set forth in Section 26-234 below, the sur- charl~e penalties 0£20% for commercial, industrial~ and residential customers may b~ imposed in accordance with the Drought Contingency Plan: (c) Authority. The City Manager and Assistant City Manager for Utilities are authorized to implement measures prescribed and required by this section and by the Water Conservation and Drought Contingency Plans approved by the City Council. The Assistant City Manager for Utilities is authorized to enfome the measures implemented and to promulgate regulations not in conflict with this section or state and federal laws in the aid of enforcement. (d) Implementation of emergency order. The Assistant City Manager for Utilities, upon determination that the conditions for a water emergency exist, may take the actions indicated un- der the Drought Contingency Plan, and shall advise the City Manager. The City Manager may order that the appropriate state of emergency response, as detailed in the Plan, be implemented. To be effective, the order must be: (1) made by public announcement via electronic media; and (2) published in a newspaper of general circulation of the City within 24 hours after the public announcement, which order becomes effective immedi- ately upon publication. (e) Duration of the order; change; extension. All initiated actions will remain in effect until the conditions that triggered the order have been eliminated or as .otherwise provided in the Drought Contingency Plan. Upon recommendation of the Assistant City Manager for Utilities, the City Manager may terminate, upgrade, or downgrade the state of emergency in accordance with the requirements of the Drought Contingency Plan. Any change in the order must be made in the same manner prescribed in subsection (d) for implementing an emergency order. (f) }Yholesale service to customers outside the city. The Assistant City Manager for Utilities shall notify customers receiving wholesale water service from the City when any stage of the Drought Contingency Plan has been initiated or terminated in case of pro rata water allo- cations. The Assistant City Manager for Utilities may restrict service to customers outside the City as permitted under contract and state law. (g) Authority under other laws. Nothing in this section shall be construed to limit the authority of the Mayor, the City Council, or the City Manager to take emergency action or to seek emergency relief under Chapter 9 "Emergency Management" or under the provisions of any applicable state or federal laws. Sec. 26-234. Criminal and Civil Penalties. (a) A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented in the Drought Contingency Plan ("Plan"). For the purposes of this section, it is presumed that a person has knowingly made, caused, or per- mitted a use of water contrary to the measures implemented if the mandatory measures have been implemented according t6 the Plan and any one of the following conditions apply: (1) The Plan prohibits the manner of use. Page 2 of 4 (2) The amount of water used exceeds the amount allowed by the Plan. (3) The amount of use or the amount used violates the terms and conditions of a compliance agreement following a variance granted by the Assistant City Manager for Utilities. (b) The following penalty shall apply during stages 3 and 4 of the Plan:' any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in this Plan is violated shall be considered to be a separate offense. (c) The City Attomey is authorized to commence an action for appropriate legal or eq- uitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the above subsection (b). Such additional relief may include: (I) An injunction to prevent a violation of this chapter; (2) Recovery for expenses incurred by the City in responding to a violation of this chapter; (3) A civil fine of up to one thousand dollars ($1,000.00) per day for viola- tions of Section 26-233 and the Plan attached hereto; or (4) All other damages, costs, and remedies to which the City may be entitled. SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Denton, Texas, as amended, except when provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code. All conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that conflict only. · SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitu- tionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sec- tions of this ordinance since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. That this ordinance shall become effective fourteen (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 newspaper of the City of Denton, Texas, within ten days of the date of its passage. Page 3 of 4 PASSED AND APPROVED this the __ day of .,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 4 of 4 Drought/Conservation Plan 12/20/99 CITY OF DENTON WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN January1,2000 Drought/Conservation Plan 12/20/99 CHAPTER 2 TABLE OF CONTENTS INTRODUCTION PURPOSE SCOPE UTILITY EVALUATION DATA RESPONSIBILITY WATER CONSERVATION PLAN 2.0 Benefits of Water Conservation 2.1 Water Conservation Planning Elements 2.2 Per Capita Water Demand Reduction Goal 2.3 Description of Denton Water Utilities System Water Treatment Elevated Storage Ground Water Supply System Ground Storage 2.4 Continuing Public Education and Information Initial Long Term New Customer Program 2.5 Water Conservation Plumbing Code 2.6 Plumbing Retrofit Program 2.7 Universal Metering 2.8 Meter Testing and Repair 2.9 Periodic Meter Replacement 2.10 Water Audits and Control of Unaccounted for Water 2.11 Rate Structure 2.12 High Low Billing Procedures 2.13 Water Conserving Landscaping 2.14 Recycling and Reuse 2.15 Implementation 2.16 Goals and Objectives Conclusion APPENDIX A Utility Evaluation Data APPENDIX B AUDIT PROCEDURES Introduction Background Purpose Audit Program Irrigation Management Survey Worksheet We Did It Card What to Expect Meetln~ the Customer No Shows Page 7 7 7 7 8 8 11 11 11 12 12 12 12 12 13 13 13 14 14 14 16 17 19 20 20 20 21 26 28 29 29 29 Drought/Conservation Plan 12/20/99 Residential Audit Program Irrigation Management Worksheet CHAPTER 3 DROUGHT CONTINGENCY PLAN 3.0 Declaration of Policy Purpose and Intent 3.1 Public Involvement 3.2 Public Education 3.3 Coordination with Regional Water Planning Groups 3.4 Procedure Authorization 3.5 Definitions 3.6 Plan Applicability 3.7 Triggering Criteria for Initiation or Termination of Drought Response Stages Initiation Duration, Changes, and Extension Termination Public Notification Wholesale Customer Notification TNRCC Notification 3.8 Four Stages of the Drought Contingency Plan Trigger Conditions 3.9 Rationale for Trigger Conditions 3.10 Water Management Measures Stage 1 Stage 2 Stage 3 Stage 4 3.11 Water Rationing 3.12 Enforcement 3.13 Variances 3.14 Severability 3O 31 32 32 33 34 34 35 36 36 36 37 37 37 37 37 37 38 39 40 40 42 46 50 52 53 53 54 LIST OF TABLES Table 2.1 Table 3.1 Table 3.2 Projected Water Use for City of Denton Summary of City of Demon Water Utilities Trigger Conditions Stages 2 and 3 five-day Watering Schedule 6 39 44 Drought/Conservation Plan 12/20/99 CHAPTER 1 INTRODUCTION PURPOSE: The purpose of this plan is to introduce guidelines necessary to revise the water conservation plan for Denton residents based upon new criteria introduced by the Texas Natural Resources Conservation Commission (TNRCC) and The U.S. Environmental Protection Association (USEPA). The criteria mandates that water purveyors have a revised conservation plan in effect by Sept. 1, 1999. By reading this report, the reader will gain insight into the implementation of the revisions in a way that will preserve water as a natural resource. This report has information obtained through research of Texas Water Development Board (TWBD), USEPA, American Waterworks Association (AWWA) and TNRCC documents. This Conservation Plan closely follows the format established by the TNRCC. The goal of the City is to achieve a minimum overall water consumption per capita reduction of fifteen percent (15%) by 2050. This decrease in water consumption will effectively reduce water demands, thereby increasing the service capacity of the water and wastewater systems. Another goal of the plan is to identify situations where unaccounted for water use is occurring. This will determine areas to use water more efficiently throughout the city. Internal auditing, leak detection and external auditing will be used to determine this unaccounted for water. SCOPE: The City of Denton is located on the North end of a triangle formed by Dallas, Fort Worth and Denton. According to the latest census the City's current population is 74,100 and is mostly residential homes. The City's two water supply reservoirs are Lake Lewisville and Lake Ray Roberts. The Corps of Engineers owns both lakes. The City of Dallas began withdrawing water from Lake Lewisville in 1957 and from Ray Roberts in 1987. Dallas and Denton share Water Rights and Storage Rights to both lakes. Denton receives 4.8165 percent of the 90.2 Million Gallons Per Day (MGD) firm dependable yield in Lake Lewisville, which provides a 4.34-MGD water supply. Denton has a 26 percent interest in Lake Ray Roberts's firm dependable yield of 76 MGD, which provides Denton with a 19.8-MGD water supply. The scope of work for the water conservation portion of this project includes two primary tasks: n Evaluate the existing water conservation program and propose enhancements using updated demographic and water-use data [] Develop a Water Conservation Plan that complies with Texas Natural Resource Conservation Commission (TNRCC) requirements. Drought/Conservation Plan 12/20/99 UTILITY EVALUATION DATA: According to TNRCC regulations, a method for monitoring the effectiveness and efficiency of the conservation plan must be in effect. Listed below is a summary of data included in the contingency plan. A detailed summary of utility evaluation data is included in Appendix A. A utility profile including information on population and customer data, water use data, water supply system data and wastewater system data. Specification of conservation goals and a timeframe for their achievement Metering devices within an accuracy of plus or minus 5% to measure and account for water diverted from the source of supply. Program for universal metering of both customer and public uses of water, meter testing and repair and periodic meter replacement. Measures to determine and control unaccounted-for uses of water. [] Program of continuing public education and information regarding the water conservation and the drought contingency plan. [] A water rate structure which is not "promotional" (i.e. a rate stmcture which is cost-based and does not encourage excessive use of water). [] A drought management plan. [] An education and information program revealing notification conditions, water-use restrictions, reservoir operations plan, implementation and enforcement of the plan. ca Documentation showing coordination with the Regional Planning Group to insure consistency with the approved regional water plan. procedures, trigger and the means of This Water Conservation Plan sets forth a program of long-term measures under which the City of Denton can improve the overall efficiency of water use and conserve its water resources. Short-term measures, which respond to specific water management conditions such as periods of drought, unusually high water demands, unforeseen equipment or system failure, or contamination of a water supply source, are provided in the City of Denton Drought Contingency Plan. Four planning steps used to develop this Water Conservation Plan are: Conservation goals based on the specific needs of the Denton water system. [] Population and per capita water demand forecasts were developed. A review and identification of existing conservation measures and enhancements of new conservation measures. [] Selection of conservation strategies consistent with the goals. RESPONSIBILITY: Conservation plan reviews, updates, and training will be coordinated by the Assistant City Manager of Utilities (ACM/Utilities). An annual review of this plan will update procedures necessary to notify the public about new conservation initiatives or revisions to the management plan. Drought/Conservation Plan 12/20/99 CHAPTER 2 WATER CONSERVATION PLAN 2.0 Benefits of Water Conservation: The objective of the City of Denton Water Conservation Plan is to achieve efficient use of water supply resources. The goal is to accomplish conservation through practices and measures that reduce per capita water consumption within the distribution system and water use by the customer. Meeting this objective will allow extending the use of available water supplies and existing infrastructure into the future. It should be emphasized that to Denton Water Utilities, conservation means using water wisely. A well-designed Water Conservation Plan will not deprive our community of essential water uses. Rather, it will provide a blueprint for more efficient water use. This approach could have the following benefits: Lower water bills for customers Control of future water rates [] Extended availability and improved protection of water resources. 2.1 Water Conservation Planning Elements: Elements most critical to the development of a water conservation plan include indoor and outdoor conservation practices, landscaping practices, and plumbing retrofit installations. Other elements considered in preparing this water conservation plan are: A plan for public education and information. [] Plumbing code requirements. Plumbing retrofit requirements. A universal metering and meter repair/replacement program. Landscaping, water audits, and leak detection requirements. Recycling and reuse Plan Implementation 2.2 Per-Capita Water-Demand Reduction Goal: Frequently, water demand is expressed in terms of"per-capita" use, or the amount of water used on a per-person per day basis (gpcd). Under this plan, Denton established water conservation goals to manage per capita use within the per capita water demand projections recommended for Denton by the TWDB and TNRCC. These goals include a 15% reduction in per capita usage over a 50-yr. period as listed in the table below. This table lists those water use reductions, which can be expected for the implementation of water saving plumbing fixtures through the plumbing code. Table 2-1 Projected Water Use for City of Denton Units Projections Description 2000 2010 2020 2030 2040 2050 Average Conservation Gpcd 211 199 190 186 184 183 Water Use Drought/Conservation Plan 12/20/99 2.3 Description of the Denton Water Utilities System: 2.3.1 Water Treatment: Denton has one water treatment plant expanded to a peak treatment capacity of 28.5 MGD in 1989. Peak day water demands determine the capacity of production plant facilities. The peak day is the average flow for the one day of the year that has the highest water consumption. Nommlly, peak day demand is approximately 2.0 times an average daily use. Based on these criteria, Denton will need additional capacity on line by 2002 to maintain present service levels. A new Lake Ray Roberts Water Treatment Plant will provide 20 MGD to support the anticipated growth needs of the city. The City of Denton acquired a site for the construction of the new water treatment plant and plans to begin construction during the year 2000. 2.3.2 Elevated Storage: The City of Denton has three elevated storage tanks with a combined capacity of 3.36 Million Gallons (MG). These include an older 0.36 MG elevated storage tank located on Bell Ave. referred to as the Peach Street Tank. The 2.0 MG McKenna standpipe has a 70-foot head range, but only 1.0-MG worth of usable elevated storage capacity. The 2.0-MG tank on the north side of town, just east of the Texas Instruments plant is the last storage tank built in Denton. Denton began withdrawing water from the tank in 1969. The tank is called the High School tank due to its exterior paint scheme using thc Denton High School colors. Thc City plans to add 3 MG in elevated storage to increase the total volume within in the distribution system. The City needs these tanks to create more storage for the distribution as the new production plant and pump station go on-line. 2.3.3 Ground Water Supply System: The City currently maintains three wells that produce a combined 2-MGD. These wells provide an emergency source of water during times of stress on the distribution system. Due to declining ground water levels and the age and condition of the wells, staff has not included them in future plans for the water system. 2.3.4 Ground Storage: Ground storage tanks store treated water for standby reserves, fire protection and maintain pressure on the distribution system during times of extra demand. This provides a margin of safety for emergency conditions and allows the treatment plant to operate at a steady flow rate. The ground storage tanks also serve as treated supply reservoirs for high service and booster pumps, which pressurize the distribution system. Currently, the city has one 1.0 MG and three 2.0 MG ground storage reservoirs located at thc Lake Lewisville Water Production Plant. Three million gallons of additional ground storage is planned for the initial phase of the I-Iartlee Field ground storage and booster pump station facility due on-line in 2001. The pump station will serve as a remote ground storage and high service pump station for the new water treatment plant at Lake Ray Roberts. The pump station will have a total capacity of 12 MG and eventually provide water to the middle and lower pressure planes when it is built-out. Thc City plans to build additional storage tanks at this site for future expansions of the water supply system. DroughtYConservation Plan 12/20/99 2.4 Continuing Public Education and Information: The public education program concentrates on initial, long term and new customer programs. The City will promote water conservation by informing the public about methods to conserve water and demonstrate ways to become contributors to the plan. Public education through the news media and advertising is the major objective. Additional programs will develop as contact with schools, church groups, neighborhood groups, and civic clubs continues to grow. INITIAL PROGRAM The City of Denton has already begun an initial program that includes radio and TV public service announcements (PSA's), news releases, advertising, informational flyers, bill stuffers, and school and neighborhood group presentations. News releases etc. inform the public about the need for conservation. Educational materials and news releases also promote water conservation by informing water users about ways to save water inside homes through leak detection, landscaping techniques, and lawn uses. The City currently uses the following methods to inform the public. Informative SehoolProgram: This program uses water conservation brochures, textbook covers with water conservation messages, and packets to show students how to use water wisely and effectively. Teacher workshops, science fair awards, tours of the Lake Lewisville Water Production Plant, classroom presentations and participation in special school events round out this program. Advertising Campaign: Advertising in the Denton Record Chronicle (DRC), cable TV spots, newsletters, the City bulletin board and conservation brochures inserted into utility bills focus on specific ways to conserve water. Emphasis on leak detection, xeriscaping, and conservation measures inside and outside the home are presented as methods to practice conservation. Media News Releases and Public Service Announcements: News releases and public service announcements to local radio and TV stations and their Web Sites, newspapers, and other electronic media will stress the importance of conservation during the spring and summer. This program generates a large amount of news media coverage of conservation techniques and water supply issues. TV channel web sites list cities using water drought plans and the current stage they are on. Speaking Engagements and Community Events: City employee presentations to environmental groups, garden clubs, senior citizen centers, youth and civic groups help spread conservation benefits and promote Drinking Water Week during the first week of May. Employee participation in various community events also enhances public visibility and establishes a personal rapport with customers. Strong customer rapport will ultimately affect water conservation and all other elements needed to build a stronger utility. Web Site The City will enhance its Web page to include water conservation tips to strengthen dissemination of information on water conservation programs. The Web page will become an integral part of the water conservation program as it develops. The Utilities Public Communications staff is currently conducting external audits with customers who request help with high water bills or special knowledge of conservation techniques. Drought/Conservation Plan 12/20/99 The following areas are places in the home or business where water conservation practices can achieve the best results. Appendix B contains the forms used to complete audits in those areas. Bathroom: Suggest installation of low-flow showerheads that limit the flow from the shower to less than three gallons per minute. n Take short showers and turn the water off while washing and back on again only to rinse. n Take a shower instead of a bath. Showers, particularly those with low-flow showerheads often use less water than taking a bath. ca Reduce level of bath water by one or two inches ifa shower is not available. Shampoo hair in the shower. This takes only a little more water than shampooing during a bath and much less than doing both separately. When building a new home or remodeling install low-volume flush toilets, that only uses 1.6 gallons per flush. Test toilets for leaks. Add a few drops of food coloring to the water in the tank, but do not flush the toilet. Watch to see if the coloring appears in the bowl within a few minutes. If this happens, the toilet has a small leak that needs repair. n Use a displacement device such as a toilet dam or bag. A plastic bottle filled with stones or water, recapped, and placed in the tank makes an excellent displacement device. These devices reduce the volume of water in the tank of a conventional toilet and still provide enough water for flushing. However, they do not work in low- volume toilets. Never use the toilet to dispose of cleansing tissues, cigarette butts or trash. n Do not use hot water when cold will do. This is a waste of energy. When brushing teeth, turn the water off until it is time to rinse. Encourage residents to turn off the water when washing or scrubbing hands and turn it back on to rinse. ca Fill the lavatory bowl with hot water when shaving instead of running the hot water continuously. ca Install faucet aerators to reduce water flow rates and overall water use. Kitchen: Scrape the dishes clean instead of rinsing them before washing. No need to rinse unless they are heavily soiled. Use a pan of water or use a stopper in the sink for washing and rinsing pots, pans, dishes and cooking implements, rather than turning on the water each time to rinse. Always run the dishwater with a full load. This will save energy, detergent and money. Use the garbage disposal sparingly or start a compost pile. Keep a container of drinking water in the refrigerator. Running water from the tap until it is cool is wasteful. ca Use a small pan of cold water when cleaning vegetables, rather than letting water nm over them. c~ Use only a little water in the pot and put a lid on it for cooking most food. This will save water and make food more nutritious because vitamins and minerals will not be poured downs the drain with the extra cooking water. Drought/Conservation Plan 12/20/99 ca Small kitchen savings from not making too much coffee or letting ice cubes melt in a sink can add up in a year's time. Laundry: ca Wash only a full load when using an automatic washing machine. (32 to 59 gallons are required per load). ca Use the lowest water level setting on the washing machine for light or partial loads. Appliances and Plumbing: Check water requirements of various models and brands when considering purchasing any new appliances. Some use less water than others do. Check all water-line connections and faucets for leaks. A slow drip can waste as much as 170 gallons of water each day, or 5,000 gallons per month, and will add significantly to the water bill. Repair faucets to correct drips promptly. It is easy to do costs very little, and can mean substantial savings in plumbing and water bills. Check for hidden water leakage such as a leak between the water meter and the house. To check, turn off all indoor and outdoor faucets and water-using appliances. Read the water meter at 10 to 20 minute intervals. If it continues to nm or turn, a leak probably exists and needs to be located. Insulate all hot water pipes to reduce the delays experienced while waiting for the water to "nm hot." ca Be sure the water heater thermostat is not set too high. Extremely hot settings often wastes water and energy. ca Use a moisture meter to determine when houseplants need water. More plants die from over-watering that from being on the dry side. Outdoor Use: n Water only when needed. Look at the grass, feel the soil, or use a soil moisture meter to determine when to water. Do not over-water. Soil can absorb only so much moisture, and the rest simply runs off. A timer will help, and either a kitchen timer or an alarm clock will do. One and a half inches of water applied once a week will keep most Texas grasses alive and healthy. Water lawns early in the moming during the hotter months. Otherwise, much of the water used on lawns will simply evaporate. To avoid excessive evaporation, use a sprinkler that produces large drops of water, rather than a fine mist. Sprinklers that send droplets out on a low angle also help control evaporation. Set automatic sprinkler systems to provide thorough, but infrequent watering. Set pressure regulating devices to design specifications. Rain shutoff devices can prevent watering in the rain. n Use drip irrigation systems for bedded plants, trees, or shrubs, or turn soaker hoses upside down so the holes are on the bottom. This will help avoid evaporation. ca Water slowly for better absorption, and do not water on windy days. ca Condition the soil with mulch or compost before planting grass or flowerbeds so that water will soak in rather than run off. Drought/Conservation Plan 12/20/99 Fertilize lawns at least twice a year for root stimulation, but do not over-fertilize. Grass with a good root system will make better use of less water and is more drought- tolerant. Trim only ½ to 3A of an inch of grass in the summer months because it holds more moisture. n Use a watering can or hand water with the hose in small areas of the lawn that need more water Use water-wise plants. Choose plants that have low water requirements, are drought- tolerant, and adept to an area. [] Consider decorating some areas of the lawn with wood chips, rocks, gravel, or materials that do not require water. Xeriscaping is the common reference for this landscaping and it is becoming more popular. n Use a broom to clean sidewalks or driveways instead of the hose. c~ Use a bucket of soapy water and turn on the hose only for rinsing when washing the family car. LONG TERM PROGRAM The long-term program includes semi-annual distribution of educational materials and news releases corresponding to seasonal peak demand periods. News releases, bill stuffers and public service announcements will continue to provide information on how to conserve water, encourage water conservation and report progress on achieving the City's water conservation goals. Other objectives of a long-term program include: ~ Public Information Classes [] Small Business Classes c~ Adopt-A-Spot for conservation (i.e. xeriscaping) [] An annual Home and Garden show sponsored by the City of Demon, local nurseries. and Texas Agriculture Extension Service to promote xeriscaping in the local area. NEW CUSTOMER PROGRAM Material describing the conservation program and other general information is available to new water customers when they apply for service. The City is formulating plans to include this information in newcomer packets. 2.5 Water Conservation Plumbing Code: The State of Texas has required 2.5 gpm faucets, 3.0 gpm showerheads, and 1.6 gpf toilets for new construction since 1992. The City of Denton has adOpted a plumbing code based on the 1992 Edition of the Uniform Plumbing Code. Denton's code complies with the State of Texas requirements. Below, are the standards for residential and commercial fixtures. Wall Mounted Flushometer Toilets · All other Toilets · Flush valve urinals · Shower heads Lavatory and Kitchen · Faucets No more than 2.0 gallons per flush No more than 1.6 gallons per flush No more than 1.0 gallons per flush No more than 2.5 gallons per minute No more than 2.5 gallons per minute Flow Restricting Type Drought/Conservation Plan 12/20/99 · All hot water lines · Swimming pool Insulated New pools must have re-circulating filtration equipment. 2.6 Plumbing Retrofit Program: The City encourages customers and owners of buildings that do not have water conserving plumbing devices to retrofit their old fixtures. The educational and advertising programs inform residents of the advantages of installing water saving devices as well as the availability of these items. 2.7 Universal Metering: The current City of Denton ordinance requires metering of all connections, except closed fire systems with alarms. Individual metering is required on all single-family residential locations. Some multifamily residential locations, such as apartments and condominiums, have individual metering, but most are combined through a single master meter per complex. Some commercial businesses are also combined through a single master meter as well. Currently, dual metering is provided to some customers based on their individual needs. 2.8 Meter Testing and Repair: Meter tracking, repair and replacement, coupled with the ongoing water accounting or auditing is used in conjunction with other programs such as leak detection and repair to potentially save significant quantities of water. The City of Denton performs annual calibrations for all water meters greater than 3" is size. 2.9 Periodic Meter Replacement: The Meter Shop replaces all residential meters at 10-year intervals. Repair or replacement of larger general service meters is accomplished on an as-needed basis. The City will also repair or exchange any meter reported as inaccurate by a water customer. 2.10 Water Audits and Control of Unaccounted-for Water: The City conducts an internal water audit each year to confirm that the water system is free from excessive leakage. This program demonstrates to the public that the utility is very concerned about the utilities' performance in a conservation program as well as with resident and business participation. The City is considering expansion of the program to include: 1. Commercial Businesses This would include a site inspection and water audit to discuss water conservation improvements to the business by retrofitting plumbing fixtures as well as educating cmployee~ on water ~onservation techniques. Drought/Conservation Plan 12/20/99 Industrial sites Cover industrial sites in much the same way as commercial sites. Another aspect that could be included would be a city-sponsored seminar to discuss industrial and commercial concerns with management while presenting and sharing ways to conserve and use water more efficiently. Residential homes Expand the initial on-site education program by showing customers the merits of retrofitting the inside of older homes with toilet dams, faucet and showerhead water savers as well as sink aerators or flow restrictors to conserve water. The residential audit program goals include: n Estimate the quantity, quality and value of water use, and n Identify cost-effective opportunities to use it more efficiently. To minimize future water problems and costs, all Texans must start now to make efficient use of water resources. The largest saver is the customer. A 15% reduction in personal water use can save water and wastewater ratepayers considerable dollars over the next 50 years. 2.11 Rate Structure: Denton uses an inverted-block rate structure to bill residential customers and discourage excessive water use during summer months. The majority of this water is used for outside landscape irrigation. The inverted block structure charges increasingly higher rates for water uses above 15,000 gallons per month and above 30,000 gallons per month per connection. The City bills commercial customers on a flat rate structure because their water consumption is generally consistent throughout the year. It is also more difficult to establish an inverted block rate structure for commercial customers due to the wide range of monthly consumption by individual commercial customers. 2.12 High/Low Billing Procedures: The purpose of the program is to catch bad meter reads and identify customers who possibly have water leaks. During each billing cycle, customer's current meter readings are compared to the previous month's meter read, the current month's one year ago read, and the previous month's one year ago read. Current customer meter readings that reveal a 200% increase or 50% decrease from the previous month and previous month in the previous year are placed on a high/low report that is referred to the water meter shop on a daily basis. The meter shop checks out these readings and when applicable tums them over to the Utility Public Communications staff for audit checks. Audit checks help customers identify areas where water consumption is unusually high as well as identify areas where water conservation practices can be helpful. 2.13 Water Conserving Landscaping: Public education includes suggestions on landscaping and irrigation procedures, which will result in reduced water consmuption and water bills. The latest irrigation and xeriscaping procedures on public grounds will set an example for the public. Drought/Conservation Plan 12/20/99 Some methods under consideration include: · Establishing platting regulations for new subdivisions that require developers, contractors, or homeowners to use only adapted, low water using plants and grasses for landscaping purposes. Initiating a Xeriscape or Texscape program that demonstrates the use of adapted, low water using plants and grasses. Accomplishing this in city parks where citizens can see what is taking place will demonstrate the City's commitment. · Encouraging landscape architects to use low maintenance plants, grasses, and efficient irrigation systems in preparing all site and facility plans. · Encouraging licensed irrigation contractors to use drip irrigation systems when possible and to design all irrigation systems with water conservation features, such as sprinkler layouts that accommodate prevailing wind direction. · Encouraging commercial businesses to use drip irrigation and use only design ornamental fountains that recycle water. · Encouraging nurseries and local businesses to offer adapted, low water using plants and grasses and efficient landscape watering devices, such as drip irrigation systems. 2.14 Recycling and Reuse: The City currently operates a wastewater reuse program for supplying treated wastewater effluent for cooling tower use at the City's Electric Generation Plant on Spencer Road. The Public Utilities Board and City Council received a staff report exploring the feasibility of expanding this reuse program to serve other customers. The expansion of this system would extend the existing capacity of the water supply, treatment, and transmission systems and lower operating costs for high volume users. Staff recommends the continued expansion of this reuse program as a strategy to meet future water demands. 2.15 Implementation: The Assistant City Manager/Utilities or his duly appointed representative will act as the Administrator of the Water Conservation Plan. The Administrator will oversee the execution and implementation of all elements of the plan. He will also oversee record keeping for program verification. As a means to implement the Water Conservation Plan, the City has recently implemented the following documents: · An Ordinance by the City to implement the legal documents necessary to enact this Water Conservation and Drought Contingency Plan. · Enforcement of current Plumbing Code requirements to Use Water Conservation fixtures and devices. 2.16 Goals and Objectives: The City of Denton continues to maintain its goals for water conservation and renew other goals as follows: · Continue water use reductions to achieve the "average conservation water use" level of 183 gcpd by 2050. · Maintain and enhance the quality of raw water resources. Drought/Conservation Plan 12/20/99 · Use internal programs to minimize water use, · Reduce peak demand. · Continue and expand public education. These aggressive goals for water conservation demand that the City continue its ongoing programs and coordinate with area cities to develop broad reaching education and public involvement programs. Following is an initial five-year plan of goals and objectives to administer the Conservation Plan outlined by the Water Utility Communications Group. ONE YEAR PLAN: n Perform an internal water audit for F.Y. 1997/98. Continue existing conservation campaign through media advertising. Schedule water conservation presentations to schools, civic groups and neighborhood associations. Concentrate on Drinking Water Week during the first week of May. n Obtain water-auditing training for meter shop and public communications personnel from the Texas Water Development Board and Texas Natural Resources Conservation Commission. ca Meet with 150 water customers with high bills to educate them on water conservation principles. TWO YEAR PLAN: Perform an internal water audit for F.Y. 1998/99. Enhance existing public education campaign through media advertising. Train in the use of leak detection equipment and identify equipment for future use. ca Continue to work with 150 water customers with high bills to educate them on water conservation principles. ca Continue participation in Denton school presentations on water conservation. THREE YEAR PLAN: Perform an internal water audit for F.Y. 1999/00 Continue to work with 150 water customers with high bills to educate them on water conservation principles. Continue to work with small businesses to do water conservation education. Continue participation in DISD school presentations on water conservation. Begin to work with other school and business functions on the need to conserve water. ca Begin to work with area churches and small businesses to do water conservation education. Drought/Conservation Plan 12/20/99 FOUR YEAR PLAN: n Perform an internal water audit for F.Y. 2000/01 n Train an intem to help with residential customer water audits. (This anticipates a need for this person to help with 100 additional residential audits). [] Continue to develop an improved incentive program for customer purchases of low-flow plumbing fixtures and appliances. [] Expand the residential audit program to work with 200 to 250 water customers with high bills to educate them on water conservation principles. [] Continue to work with small businesses to do water conservation education. [] Continue participation in DISD school presentations on water conservation. [] Continue presentations to other school and business functions on the need to conserve water. ca Continue to work with area churches and small businesses to do water conservation education. n Begin an annual conference for small businesses to discuss water conservation efforts. FIVE YEAR PLAN: Perform an internal water audit for F.Y. 2001/02 [] Continue to develop an improved incentive program for customer purchases of low-flow plumbing fixtures and appliances. Continue to work with 200 to 250 water customers with high bills to educate them on water conservation principles. Continue to work with small businesses to do water conservation education. Continue participation in DISD school presentations on water conservation. [] Continue presentations to other school and business functions on the need to conserve water. r~ Continue to work with area churches and small businesses to do water conservation education. ca Hold annual conference for large business in the Denton area on ways to conserve and reuse water at their location. Encourage participation from the TWDB and TNRCC. CONCLUSION: Passage of Senate Bill 1 mandating drought and conservation plans and a lack of significant rainfall during the past three summers has raised the need for water utilities to promote water conservation. Enactment of the five-year plan will go a long way toward achieving the 15% reduction in water consumption projected for the City of Denton by the Texas Natural Resource and Conservation Commission over thc next 50 years. Drought/Conservation Plan 12/20/99 APPENDIX A UTILITY EVALUATION DATA A. Name of System: City of Denton B. Population of System: 74,100 C. Net rate of New Connection Additions per year: (New Connections less disconnects) 3.8% (Res.) D. Water Use Information: (1) Finished Water Production for the previous year (gal./yr.) (2) Average Water Production for previous two years (gal./yr.) (3) Average Monthly Production for previous two years(gal./yr.) 6.7% (Comm.) 4.5%(Gov.) 5,209,133,000 5,055,907,000 210,664,875 Estimated Monthly Water Sales by User Category (Total gallons for latest typicalyear) MONTH COMMERCIAL/ GOVERNMENT RESIDENTIAL TOTAL INDUSTRIAL OCTOBER 97 225,237,208 26,893,880 181,106,534 433,237,622 NOVEMBER 97 188,898,731 6,165,720 127,482,063 322,546,514 DECEMBER 97 152,031,957 6,839,760 87,290,594 246,162,311 JANUARY 98 157,039,824 6,088,400 99,220,205 262,348,429 FEBRUARY 98 139,723,930 5,688,889 87,058,903 232,471,722 MARCH 98 149,534,400 7,294,740 89,575,283 246,404,423 APRIL 98 155,826,330 7,218,300 109,675,093 272,719,723 MAY 98 177,780,310 9,718,980 147,333,693 334,832,983 JUNE 98 199,666,810 15,569,730 193,341,080 408,577,620 JULY 98 254,082,090 26,487,690 297,934,358 578,504,138 AUGUST 98 297,513,500 31,396,710 333,167,863 662,078,073 SEPT. 98 278,859,090 28,681,460 295,675,445 603,215,995 TOTALS 2,376,194,180 178,044,259 2,048,861,114 4,603,099,553 (4) Average Daily Water use 14.272 (mgd) Peak daily use was 26.4 MGD on 7-31-98 (5) Peak to Average use Ratio (average daily summer use divided by annual average daily use) 1.5 (18,323,998 average daily summer) / (12,611,232 average daily annual) (6) Unaccounted for Water Loss (percentage of Water Production) 4.15% for previous year. Drought/Conservation Plan 12/20/99 Wastewater Information (1) (2) (3) Average Daily Volume: 8,607,387 MGD Peak Daily Wastewater: 23.65 MGD Estimated percent of wastewater flows to the treatment plant that originate from the following categories: (Information from the City of Denton Annual Report). Residential 30.0% Government Facilities 2.5% Commercial/Industrial 52.0% Wholesale use 7.5% Other 8.0% Peak Daily Design Capacity of Water System 28.5 MGD Major High-Volume Customers: University of North Texas. Texas Women's University. Denton Independent School District. City of Denton. (4) Water or Wastewater Rate Structure Inverted block structure for residential. Fixed volume rate for all other customers. (5) Average Annual Revenue from Water and Wastewater Rates (Last two Yrs)(Dollars). Water $15,971,366 Wastewater $10,058,107 (6) Average Annual Revenue from Non-Rate Derived Sources (Last 2 Yrs)(Dollars) Water $ 486,497 Wastewater $ 276,596 (7) Average Annual Fixed Costs of Operation (Last 2 Years) $10,697,520 (8) Average Annual Variable Costs of Operations (Last 2 Years) $ 4,675,965 Drought/Conservation Plan 12/20/99 APPENDIX B AUDIT PROCEDURES DENTON WATER SINGLE FAMILY WATER AUDIT PROGRAM PROCEDURES NOVEMBER 1999 Drought/Conservation Plan 12/20/99 INTRODUCTION: This manual outlines the background and general procedures of the Residential Water Audit Program. Denton Water Utilities water auditors and other department personnel use this manual so there is a general understanding of the program. BACKGROUND: The Single-Family Residential Water Audit Program introduces an education tool that will educate the public about water conservation. The intent is to actively demonstrate how customers can conserve water to lessen the impact of high water and sewer bills. This will involve auditing as well as retrofitting domestic plumbing fixtures with water efficient hardware. In addition, measurement of water used on landscaped areas will help reveal annual water requirements needed for irrigated areas. Expansion to all customers with high water use patterns, within the City, will occur as the program grows. PURPOSE: The Residential Water Audit Program evaluates existing water use and actively demonstrates water savings techniques in single-family homes. Audits begin with an analysis of current versus previous water bills. Interior plumbing fixtures are also measured for efficiency so the customer can make a determination about retrofitting those fixtures with water efficient hardware, which includes showerheads, faucet aerators and toilet dams. A comprehensive outdoor water use analysis demonstrates existing and required outdoor water use on the landscape. Customers with automatic sprinkler systems can also take advantage of the irrigation audit, whereby an evaluation of sprinkler precipitation rates determine required watering frequency and times for the clock-controller. Drought/Conservation Plan 12/20/99 DENTON WATER UTILITIES WATER CONSERVATION AUDIT PROGRAM For more information on water conservation call 349-7146 Audit Record For: Name Address: Appointment Day: Date: Time: Phone No. Name of Auditor Account No. Flow on the Meter: Location of house master shut-off valve: Date of Tap: Three different ways to conduct water audits include: rn Standard Audit Irrigation Audit Both The "standard" audit is a comprehensive indoor audit along with a brief audit and analysis of the landscape and outdoor water use. The "irrigation" audit is an in depth analysis of the entire irrigation system. APPOINTMENTS Establish appointments by telephone and log into a daily calendar. The following information is written on the water audit form so the water auditor has the following pertinent information about the customer: [] Name of Customer Customer's street address [] Customer's telephone number Appointment Day (Day of week) Date of Audit [] Time of Audit [] Name of Auditor Account Number Date of Tap Note whether the audit is a standard and/or irrigation water audit. Consumption history provides an outdoor water use analysis for the customer. METER CHECK: Upon arrival at the customer's home the water auditor should ask the customer to mm off all water using fixtures in the home in order to check the meter disk or dial for any movement. If the meter moves, a potential leak may exist. This will serve as an indicator to look for leaks inside and outside the home. "Yes" or "No", on the form, indicates detection of a leak. Drought/Conservation Plan 12/20/99 No. No. No. No. 1 2 3 4 Bathroom Showers, Sink and Bathtub Faucets: Simple observation will often identify leaks on the lavatory, bathtub faucets and showerheads Toilet leak? Sink faucet leak? Tub faucet leak? The major problem associated with leaks on these Showerhead leak. fixtures are worn washers and valve seats. Refer to The Retrofit brochure as a guideline for replacing Water Use Profile these parts. Toilets: (LxWxDx.00433 Water Use Profile: The idea is to give the customer an idea of Existing flush vol. bathroom water use. Record all flow rates to the nearest 0.1 gallons. New flush volume Those fixtures addressed include: cl Toilets Showers: ca Showerheads Existing flow rate tn Lavatory Faucets New flow rate Toilet. Toilet flow rates are expressed in terms of gallons per Sinks: flush (gPO. Use the following procedure to determine the toilet's Existing flow rate flow. New flow rate 1. Using a tape measure or some other similar measuring device, measure the width, length, and depth of water in the toilet tank to the nearest 0.1-inch. Bathroom Leak Detection. All documentation should 2. Use the formula below to determine gpf. Round be noted with a "Y' or "N" on this part of the form. off to the nearest 0.1 gPf and record on the form. "Y" meaning, Yes a leak exists or "N", meaning No leak exists. The following fixtures should be examined ~ength x Width x Depth to water line x 0.00433=gPq for leaks: ca Toilets 3. If the toilet is more than 3.5 gPf, insert a toilet dam and ensure it rn Sink Faucets is properly seated against the floor and walls of the tank. ca Bathtub Faucets 4. Flush the toilet to ensure the maintenance of the water level ca Showerheads behind the toilet dam. If not go back to step 3. 5. Record the new and smaller flush volume to the nearest 0.1 gpf. Toilets. Statistically, the toilet leaks more than any (NOTE: Depending on the toilet tank, toilet dams save between 0.5 other plumbing fixture in the home. In order to detect - 1.0 gpf.) a leak, place a dye tablet in the toilet tank and allow it to sit about 10 minutes. If water in the bowl tums the Showerhead and Sink Faucet. Use a 5-second measuring bag to color, a leak exists and further investigation is required determine gallons per minute (gpm) for showerheads and faucets as to identify the leak. Probable causes of leaks could be: shown in the procedure below. ca Water nmning into the over-flow tube. 1. Place the bag so the bag catches the entire stream of water ca Water seeping through the flapper valve, before mining on the fixture. 2. Turn on the water "full blast". Troubleshooting 3. Measure for exactly 5 seconds. If water is running into the over-flow tube, you 4. Record to the nearest 0.1 gpm. Can suggest somehow lowering the float, 5. For showerheads: If the flow rate exceeds 2.5 gpm, install a new Thereby lowering the water level below the showerhead. Over-flow tube. If water is not running into the 6. For Faucets: If the flow rate exceeds 2.0 gpm, install a new Over-flow tube, the next alternative is to replace faucet aerator. the flapper; especially if the customer hears the 7. Repeat steps 1 - 4 and record new flow rate. All should be toilet filling intermittently. This is a simple below and easy replacement and can be done for only The original flow rate. a few dollars. Drought/Conservation Plan 12/20/99 Kitchen: Leak: ? Present flow rates (full)? New flow rates (full)? Dishwasher present? Garbage disposal? No. 1 No. 2 Laundry Faucet leak? Washing machine present? Indoor Recommendations KITCHEN: Normally there is one kitchen per household. Kitchens most commonly contain the following plumbing fixtures: tn Faucet Dishwasher Garbage Disposal Leak Detection. Simple observations will detect leaks in the kitchen faucet. The major problem associated with leaks is worn washers and valve seats. Refer the customer to the Retrofit brochure as a guideline for replacing these parts. Faucet Flow Rates. Use the procedure on page 4, for showerheads and faucets, to measure the flow rate and determine the need for a new low-flow aerator. If the flow rate exceeds 2.0 gpm and/or the faucet aerator is in bad condition replace with a new aerator then measure and record the new flow rate. Dishwasher. Note whether a dishwasher exists and if it has water saving cycles. Encourage the customer to use the shorter cycles and wash full loads only. Garbage Disposal. Note if there is a garbage disposal. Advise the customer to use the garbage disposal only when necessary to eliminate the use of excess water. LAUNDRY: In many homes the laundry area will have a washing Machine and slop-sink. Check to make sure there are no leaks on the faucet. In some cases, install a low-flow aerator. If a washing machine is present, note whether it has water saving cycles. If so, remind the customer to make use of them in the event full loads cannot to washed. Other items to look for are bubbling laundry hoses, particularly on the hot water side. If the hose is swelling, encourage the homeowner to replace to prevent bursting so they can avoid paying for unnecessary property damages and high water consumption. INDOOR RECOMMENDATIONS: Base suggested actions on leaking fixtures and other identified uses that could potentially reduce water use inside the home. Drought/Conservation Plan 12/20/99 Outside Areas. Hose spigot leak? In-ground sprinkler system? Is system on clock controller? Irrigate 1-Morning (5am- 10 am) 2-Mid-day (10am- 5pm) 3-Evening (5pm- 9pm) 4-Night (9pm - 5 am) Ctuzently irrigate every how many days. *Recommend watering times OUTSIDE AREAS: Note if there are hose spigots (Y or N) Determine if there is an in-ground sprinkler system and if clock-controlled. If not clock-controlled, leave blank. Note what time of the day the customer waters by recording 1,2,3,4, and/or 5. Note how many days the customer irrigates. This field must be numeric. Lawn; Plant Beds: Outdoor Water Use Analysis ft2 x 18 gals/ft2= ft2 x 5 gals/ft2= Total: __fi(2) OUTDOOR WATER USE ANALYSIS: __gals/yr. __gals/yr. gals/yr. (Est.) gal/yr. (last yr.) Make recommendations at the bottom of the form as shown on the next page. OUTDOOR RECOMMENDATIONS: 1. Measure the lawn and plant bed areas by physically pacing off those areas. (Refer to Appendix B for measuring and calculating areas.) 2. Multiply those areas by 18-gals/ft (2) for lawns and 5-gals/ft (2) for plant beds to figure out water requirements for both. 3. Add up the square footage and estimated gals/yr, to come up with totals for both. 4. Calculate last year's water use. (See Appendix -B for calculating outdoor water use.) 5. If last year's water use is greater than this year's water use, encourage the homeowner to reduce outdoor water use. Drought/Conservation Plan 12/20/99 Irrigation Schedule (Clock No. Zone Sprinklers Existing clock setting Recommended clock setting Comments & Suggestions # Heads Min Frequency Min Cycles Frequency Type 1 Every Days .__times Eve~__Days 2 Every Days __times Eve~Days 3 Every Days ._times Eve~._Days 4 Every Days ._times Eve~._.Days 5 Every Days .._times Eve~._Days 6 Every Days ._times Every Days 7 Every Days __times Eve~Days 8 Every Days __times Eye--Days 9 Every Days __times Eve~.__Days 10 Every Days __times Eve~__Days 11 Every Days __times Every_Days 12 Every Days __times Every__Days 13 Every Days __times Eye--Days This portion of the water audit is for customers with automatic sprinkler systems that are clock-controlled. The goal of the irrigation audit is to determine appropriate watering times and frequencies on a zone by zone basis. The irrigation audit includes four (4) components: 1. Walk-through 2. Precipitation Tests 3. Calculations 4. Recommendation Watering Schedule WALK - THROUGH: 1. Have the owner activate each sprinkler zone for a few minutes to get an idea of the type of sprinkler heads & existing inefficiencies. System inefficiencies include such examples as: Heads not popping up high enough Bushes or other obstacles in the way of the spray. Bad Coverage Brown spots on the lawn Low pressure Inappropriate sprinkler heads 2. Note the following items, as shown on the form above, on a zone by zone basis: Cl Number of sprinkler heads r~ Type of sprinkler heads. The most common are pop-up, rotor, and gear drive. rn Existing clock settings which includes minutes per zone and every how many days. This is the most critical part of the water audit since there is immediate customer involvement and inefficiencies. PRECIPITATION TESTS: The precipitation tests give merit to the irrigation audit and essentially justify recommended watering. Prepare precipitation tests on at least two (2) zones. Potential test zones include: One impact and one pop-up zone One zone in front and one in back One zone with brown spots (bad coverage) and one with good coverage. For the most part, it will be a judgement call and dependent on customer preference. Drought/Conservation Plan 12/20/99 DENTON WATER IRRIGATION MANAGEMENT SURVEY WORKSHEET DATE Acct # Address PRECIPITATION TEST PRECIPITATION TEST Zone No. Head Type Zone No. __ Head Type Based on 2 Applications, every 3ra Based on 2 Applications, Day. every 3ra Day. Run time = 5 Minutes Run time = 5 Minutes Catch (0) (=) Catch (0) (=) PROCEDURE FOR IRRIGATION MANAGEMENT Can Fact Volu Rec. Can Factor Volume Rec, SURVEY or me Minute (MI) Minute (M1) 1 341 1 341 Use the following steps to determine the amount of time 2 341 2 341 to activate each zone. 3 341 3 341 1. Have the customer select and activate a zone and 4 341 4 341 place catch cans where they will accumulate water. 5 341 5 341 Examples of areas to place catch cans include: 6 341 6 341 [] Double coverage 7 341 7 341 [] Single coverage 8 341 8 341 [] Middle ofazone 9 341 9 341 [] Near proximity of the sprinkler head 10 341 10 341 [] Sprinklers outer reach 11 341 ll 341 [] Area between sprinkler head and its furthest reach. 12 341 12 341 2. The idea is to obtain an average precipitation rate for Avg. 341 Avg. 341 the entire zone. Use no more than 10 catch cans for each Zone. COMMENTS: 3. Once the catch cans are set up, turn on the zone for exactly 5 minutes. Relax and wait for it to end. 4. Turn off the zone once 5-minutes has expired. Measure and log the volume to the nearest 5 milliliters for each catch can. 5. Repeat steps 1-4 for the next zone. CALCULATIONS: Refer to worksheet on left in Appendix B to calculate the recommended watering tunes for each zone. 1. Add up the total volume and divide by the number of catch cans to get an average precipitation rate in milliliters. 2. Divide the factor, 341, by the average volume to figure recommended minutes. 3. Repeat steps 1 & 2 for the next test zone. Calculated minutes are based on 1" per week of supplemental watering and two short-repeat cycles every third day. Drought/Conservation Plan 12/20/99 Irrigation Schedule (Clock No. Zone Sprinklers Existing clock setting Recommended clock setting Comments & Suggestions # Heads Type Min Frequency Min Cycles Frequency 1 Every Days __times Every Days 2 Every Days __times Eve~___Days 3 Every Days __times Every.__Days 4 Every Days __times Eve~._Days 5 Every Days __times Eve~._Days 6 Every Days _times Eve~__Days 7 Every Days ._times Every__Days 8 Every Days __times Eve~__Days 9 Every Days ._times Every._Days 10 Every Days ._times Eve~__Days 11 Every Days ._times Every_Days 12 Every Days ._times Every_Days Outdoor Recommendations: RECOMMENDED WATERING SCHEDULE The precipitation test along with exercising good judgement become the basis for recommending appropriate watering times and frequency. Give consideration to elements as: rn Shade Ca Sun Ca Zones with a combination of sprinkler head types. Document notes and comments specific to each zone. Review Water Identify and write down all appropriate information, data and peffment recommendations so the customer knows what further action to take. Go over the form with the customer to inform them of all recorded data. Review Packet Describe brochures and information in the packet. Point out and review, in depth, brochures of particular interest to the customer. Drought/Conservation Plan 12/20/99 DENTON WATER WE DID IT CARD Account Number Date of Audit Auditor Customer Name (Please Print) Street Address (Please Print) Installed (how many): Showerheads Toilet Dams Faucet Aerators Number of leaks repaired: Toilets Faucets Showers Outside Spigots Regarding our automatic sprinkler system, we changed: Clock control to shorter watering times Clock control to water every 3ra day or less. To watering at night... N/A, we drag the hose or have a manual system. In our household, there are (indicate number): persons age 10 or under persons 45 - 65 persons 11 - 20 persons over 65 persons 21 - 45 How would you rate our: Excel. (See Below) Phone representative Field representative Overall service Good Avg. Poor WE DID IT CARD The We Did It card is a self-addressed stamped card to be given to the customer at the conclusion of the water audit. The card seeks information about the customer with regards to: · Account number and address. · Installation of water efficient fixtures and devices. · Automatic sprinkler system. · Demographics · Evaluation of our service · Comments and Suggestions The auditor should fill out the top portion of the We Did It card before leaving and highly encourage the customer to fill out and return the remainder of the form as soon as possible Comments and Suggestions: Drought/Conservation Plan 12/20/99 WHAT TO EXPECT AT THE AUDIT: The Residential Water Audit Program is unique because it is the most elaborate service Demon Water Utilities will perform for a customer in a single family home. This program is effective because gains are made in water savings and customer confidence. MEETING THE CUSTOMER: The auditors should always conduct themselves in a professional manner throughout the water audit. The following checklist offers some helpful hints: Identify yourself as a water auditor from the Denton Water Utilities. Encourage the customer to follow along during the water audit. If the customer is preoccupied with other matters, always inform them of your whereabouts throughout the water audit. This gives the customer a sense of confidence in the program. Remain focused on the water audit. While it can be tempting to browse and look at the customer's belongings, especially in an elegant home, it may give the impression of "casing the joint." NO SHOWS: No shows make up no more than 10% of scheduled audits. If the customer does not show up for a scheduled appointment within 10 minutes go on to the next appointment or daily business. Contact the customer later for a new appointment. Drought/Conservation Plan 12/20/99 DENTON WATER UTILITIES RESIDENTIAL WATER AUDIT PROGRAM For more information on water conservation, call 349-7146 Standard Irrigation Audit Record for Name: ]Address I PhoneNo. Appointment DayIDate ITime I Auditor ] AccountNo. Flow on meter? Location of house shut-off valve Date of Tap Bathroom: No. 1 No. 2 No. 3 No. 4 Kitchen: No. 1 No. 2 Toilet Leak? (Dye Tab) Leak? Sink faucet leak? Present flow rate (full).'? Tub faucet leak? New flow rate (full)? Showerhead leak? Dishwasher present? Garbage disposal present? Water Use Profile Toilets (LxWxDx.00433) Laundry: Existing flush volume Faucet Leak? (at high water mark) Washing machine present? New flush volume Showers: No. 1 No. 2 No. 3 No. 4 Indoor recommendations: Existing flow rate (full)? New flow rate (full)? Sink Faucet: Existing flow rate (full)? New flow rate (full)? Outdoor Areas: Outdoor water Use Analysis Hose spigot leak? In-ground sprinkler system? Lawn: __ft(2)x 18 gals/ft(2)= Gal/yr. Is system on a clock controller? Currently Irrigate: Plant beds? ft(2)x 5 gals/ft(2) = Gal/yr. l-Morning (5am-10am) 2-Mid-day (10am-Spin) Total ft (2) Gal/yr. (est.) 3-Evening (Spm-9pm) 4-Night (9pm-Sam) Number of day's customer currently irrigates? Gal/yr. Recommended watering Time (last year) Irrigation Schedule (Clock No. ) Zone Sprinklers: Existing Clock Setting Recommended Clock Setting: Comments & Suggestions: #Hca Type Min. Frequency Min. Cycles Frequency ds 1 Every__Days __Times Every__Days I Every__Days __Times Every__Days 3 Every__Days __Times Every Days 4 Every__Days __Times Every Days 5 Every__Days __Times Every Days 6 Every__Days __Times Every Days 7 Every__Days __Times Every Days 8 Every Days __Times Every Days 9 Every Days __Times Every Days Outdoor recormnendations: Drought/Conservation Plan 12/20/99 DENTON WATER IRRIGATION MANAGEMENT SURVEY WORKSHEET DATE Acct. # Address PRECIPITATION TEST PRECIPITATION TEST Zone No. Head Type Zone No. Head Type -- Based on 2 Applications, every srd Day Based on 2 Applications, every 3ra Day Run Time = 5 Minutes Run Time = 5 Minutes Catch Factor + = Catch Can Factor + = Can 341 Volume Recovery 341 Volume Recovery (mi) Minutes (ml) Minutes 1 341 1 341 2 341 2 341 3 341 3 341 4 341 4 341 5 341 5 341 6 341 6 341 7 341 7 341 8 341 8 341 9 341 9 341 10 341 10 341 Averag Average e COMMENTS: Drought/Conservation Plan 12/20/99 CHAPTER 3 ' DROUGHT CONTINGENCY PLAN 3.0 Declaration of Policy, Purpose, and Intent: Drought and a number of other uncontrollable circumstances can disrupt the normal availability of the City's water supply. Even through the City may have an adequate water supply, the supply could become contaminated, or a disaster could destroy the utility infrastructure needed to transport, treat and distribute water to customers. Although water emergencies may not be the result of a drought condition, for the proposes of this plan they are referred to as a drought contingency or water emergency condition. This Drought Contingency Plan describes the conditions that require short-term water demand management in the City of Denton and establishes policies and procedures that offer strategies for a timely and effective water management response. Such a response is needed when water use in any area approaches the system's supply, treatment, or delivery capacity. Examples include drought conditions, unusually high water demands, unforeseen equipment/system failure, or contamination of a water supply source. In order to conserve the available water supply and protect the integrity of water supply facilities, with regard for domestic water use, sanitation, and fire protection, and protect and preserve public health, welfare, safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Denton hereby adopts the following regulations and restrictions on delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan are considered non- essential and continuation of such uses during times of water shortage or other emergency water supply conditions constitute a waste of water, which subjects the offender(s) to penalties as defined in this Plan. 3.1 Public Involvement: The purpose of this Plan is to establish a policy in case of shortages or delivery limitations in the City's water supply, or in the case of equipment malfunctions or similar emergencies. The Drought Contingency Plan is adopted and incorporated as if fully set forth and enforceable as a part of this Plan. As recommended by the Texas Water Development Board (TWDB) and the Texas Natural Resource Conservation Commission (TNRCC) the plan consists of escalating phases of water use restrictions based on appropriate triggering conditions developed by Denton Municipal Utilities. The plan provides procedures for voluntary and mandatory actions placed into effect to temporarily reduce the demand placed upon the City's water supply system during a water shortage. A copy of the plan hereby adopted shall be on file in the office of the City Secretary. Drought/Conservation Plan 12/20/99 3.2 Public Education: Successful implementation of the Drought Contingency Plan depends on effective communication with the public. Denton Water Utilities (DWU) must exchange ideas with the public to understand its needs and determine what water uses are most essential. The public must believe that the measures adopted are credible. A public awareness and education campaign will be successful if it conveys that: · The water management condition is real. · Reductions in water demand are necessary. · The adopted measures realistically correspond to the severity of the situation. · All Customers share the inconvenience during water shortages. · The City of Denton is effectively managing the existing water supply. To accomplish these six objectives, the City will take the following steps during drought or water emergency conditions: · Alert the public and keep the public regularly informed through local media. (Media contacts are listed in Appendix A). · Initiate public discussions when appropriate. · Promote public understanding of the Drought Contingency Plan and convey restrictions required should situations worsen. · Educate the public about ways to use water more efficiently. · Gather public support for the plan's actions. · Highlight the leadership role of the city government to save water. The campaign will work to gather support from various forms of news media to successfully keep the public informed. Once initiated, and especially during stages 3 and 4, the City and the news media will provide regular alerts to successfully implement public awareness and education through the following options. News Media: · Radio and television public service announcements · Newspaper and magazine announcements · Interviews on radio and television programs · Other radio and television pieces · Newspaper and magazine articles · Press releases · Paid or donated advertising Communications: · Activated hot line. · Communication to media web sites of the current stage and restrictions that apply. · Telephone notifications to large water use customers when applicable. · Water bill inserts or messages. Drought/Conservation Plan 12/20/99 · Distribution of fact sheets, brochures, and pamphlets. · Mail red post cards to customers beginning in stage two (2) conveying internal water restrictions that apply during this stage as well as a reminder to stay tuned to the media for mandatory restrictions during stages three (3) and four (4). · Posting of signs and notices (e.g., city and county buildings, post offices) · Billboards Training Denton Water Utilities (DWU) customer service representatives Education and outreach from DWU employees · Post current Drought Contingency stage and restrictions that apply to the City's web site. Community Involvement: · Public meetings and hearings · Public education seminars · City employee training · School programs · Organized contests (e.g., poster or T-shirt design, showing new ideas to save water) · Community outreach programs · Education and outreach from community volunteers · Formation of citizens' committees or other public forums Wholesale Customer Education: Denton Water Utilities will periodically provide wholesale water customers with information about the Drought Contingency Plan including conditions that initiate each stage and the drought response measures to be implemented. The City will also have annual meetings to disseminate information to all customers. 3.3 Coordination with Regional Water Planning Groups: The service area of the City of Denton Water Utilities is located within Region C Regional Water Planning Group and the City has provided a copy of this Plan to Region C Regional Water Planning Group. 3.4 Procedure Authorization: The purpose of this ordinance is to establish the City of Denton's policy in case of shortages or delivery limitations in the City's water supply, or in the case of equipment malfunctions or similar emergencies. The Drought Contingency Plan is adopted and shall be incorporated as if fully set forth and enforceable as a part of this ordinance. As recommended by the Texas Water Development Board (TWDB) and the Texas Natural Resource Conservation Commission (TNRCC) the plan shall consist of escalating phases of water use restrictions based on appropriate triggering conditions developed by Denton Municipal Utilities. The plan shall provide procedures for voluntary and mandatory actions placed into effect to temporarily reduce the demand placed upon the City's water supply system during a water shortage. A copy of the plan hereby adopted shall be on file in the office of the City Secretary. Drought/Conservation Plan 12/20/99 3.5 Definitions: The following words and phrases, when used in this ordinance, shall have the meanings respectively ascribed to them: Person. Any individual, partnership, co-partnership, firm, company, corporation association, joint stock company, trust, estate, governmental entity, any other legal entity, their legal representative or agents. Plan. The Drought Contingency and/or Water Emergency Plan. TNRCC. The Texas Natural Resource Conservation Commission. Trigger Condition. Conditions establishing stages for implementation of the plan. It includes, but is not limited to the following: · General or geographical emergency. · Water system failures/emergencies (i.e., pressure zone deficiencies, chemical spills, broken water mains, power outages, electrical failure, failure of storage tanks or other equipment, treatment plant breakdown, and water contamination). Mechanical failure of water pumping equipment at the Lake Lewisville pump station or the water treatment plant. · Notification by Dallas Water Utilities of a significant decrease in reservoir levels and/or delivery capabilities resulting in an inability, presently or in the immediate future, to supply adequate surface water for treatment and distribution to meet projected needs. · An inability to recover approximately ninety (90) percent in all storage facilities within a specified time. TWDB. The Texas Water Development Board. UTRWD. The Upper Trinity Regional Water District. User. Any person or other utility system connected to the City's water supply, including owners and/or occupants of such premises. Water. Water taken from any City of Denton public water supply or distribution system. Water Utilities. Combined water and wastewater production, treatment, transmission, distribution, and collection system. Commercial and institutional water use. Water use, which is necessary to the operations of commercial and non-profit establishments and governmental entities. Domestic water use. Water used for personal, household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, or industry. Industrial water use. The use of water in processes designed to convert materials of lower value into forms having greater usability and value. Drought/Conservation Plan 12/20/99 Landscape irrigation Use. Water used for the irrigation and maintenance, of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use. Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including: · Irrigation of landscape areas, including parks athletic fields, and golf courses, except otherwise provided under this Plan. Use of water to wash any motorized vehicle, motorbike, boat, trailer, or airplane. · Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas. · Use of water to wash down buildings or structures for purposes other than immediate fire protection or watering for foundations. · Flushing gutters or permitting water to run or accumulate in any gutter or street. · Use of water to fill, refills, or add to any indoor or outdoor swimming pools or jacuzzi- type pools. · Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life. · Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and use of water from hydrants for the purpose of construction other than fire fighting. Retail Customers. Non-wholesale customers. 3.6 Plan Applicability: This Plan applies to all users, premises, retail and wholesale customers receiving water from the City of Denton's water system. This plan also insures that the City of Denton water utilities will maintain an adequate water supply for essential public needs: 3.7 Triggering Criteria for Initiation and Termination of Drought Response Stages: Monitor all relevant components of the City of Denton water system to ensure that actions taken are based on current and reliable information. Denton Water Utilities (DWU) will monitor the system, at a minimum, on a weekly basis until such point when projections based on past use indicate a trigger could be reached within two weeks. At this time, daily monitoring and reporting to the Assistant Director of Water Utilities will occur. Initiation: The ACM/Utilities advises the City Manager when conditions exist to initiate a Plan stage. The City Manager may then order the initiation of the appropriate stage of the Plan. To be effective, public notification must come before actual initiation. Meeting or exceeding one or more trigger conditions is sufficient cause to initiate a Drought Contingency Plan stage. Factors influencing this decision include, but are not be limited to, the time of year, weather conditions, anticipation of replenished water supplies, or anticipation that facilities will come on-line to serve capacity. Drought/Conservation Plan 12/20/99 Duration, Changes, and Extensions: The order can be made effective for up to, but not more than, 60 days from the date of communicating a given stage of the plan that requires curtailment of water use by the public (i.e. stages 2, 3 or 4). Upon recommendation of the ACM/Utilities, the City Manager may upgrade or downgrade a stage when the conditions triggering that stage occur. To be effective, initiate the order by public notification. Upon recommendation of the ACM/Utilities and City Manager, the City Council may extend the duration of an order for additional time periods, not to exceed 120 days each. Termination: The ACM/Utilities will advise the City Manager when conditions exist to terminate a stage of the Plan. The City Manager may then order the termination of the appropriate stage of the Plan. Termination of any stage will occur if the corresponding drought contingency condition has subsided or been eliminated and if the corresponding trigger condition is no longer needed and would be unlikely to recur upon termination. Public Notification: The following procedures are required to initiate or cancel each stage of the Drought Contingency Plan: Notification by public announcement via electronic media. Notification published in newspapers of general circulation to the city within 24 hours after the public announcement. · The order becomes effective immediately upon publication. Wholesale Customer Notification: The City of Denton will provide notice, by telephone and by certified mail, to all affected wholesale customers when any stage of the Drought Contingency Plan has been initiated or terminated. If the City implements pro rata water allocations, notice will be made by telephone and certified mail to all wholesale customers informing them of their monthly water usage allocations. TNRCCNotification: The City of Denton will notify the executive director of the Texas Natural Resource Conservation Commission (TNRCC) within five business days of the implementation of any mandatory provisions of the Drought Contingency Plan (stages 2, 3, or 4). Such mandatory provisions include implementation of pro rata water allocations to wholesale customers. 3.8 Four Stages of the Drought Contingency Plan: Proactive management is the best way to lessen the potential impact of a drought contingency situation on the citizens of Denton and its wholesale customers. The City of Denton has established four successive stages to implement progressively stringent management measures. Meeting or exceeding the water- reduction goals in the early stages reduces or eliminates the need to progress to later stages. The entire public benefits if the City takes responsible action in the early stages of a drought contingency situation. The City uses three distinct types of water shortage situations to establish the trigger conditions listed below: Drought/Conservation Plan 12/20/99 Trigger conditions: The trigger conditions for each of the three types of water management conditions and each of the four water management plan stages are provided in the Table 3.1. Table 3.1 shows the rationale for each trigger condition. For a Type A situation, preservation of the total water supply will be critical and corresponding water management measures should stress overall reductions in water use. An extended drought causes this condition. The best opportunity to respond to a drought is early in the drought cycle. Drought Contingency measures should stress overall reductions in water demand (i.e., average-day water demand). For a Type B situation, in which the water demand approaches the delivery capacity of the system, the peak water demand will be critical, and corresponding drought contingency measures should stress water-use reductions or shifts to off-peak hours. In this situation, the ultimate goal of Stages 1, 2, and 3 will be to avoid triggering the next stage. A Stage 4 trigger requires immediate and severe water demand reductions. Equipment or system failures that result fxom increased stresses to the transmission, treatment, or distribution systems can worsen a Type B situation. An increase in water demand causes this condition. In the short term, this typically occurs during the summer months when irrigation requires more water. In the long term, it could occur if treatment plant or distribution system expansions do not keep pace with the growth in consumer demand. Drought contingency measures should stress reductions in peak water demand or redistribution of the demand to off-peak hours. For a Type C situation where deficiencies limit the supply capacity, both water-use reductions and shifts to off-peak hours may be necessary. Although the area involved may be localized, immediate action requiring water demand reduction is necessary. Depending upon the severity of the triggering conditions, it is feasible that the plan could proceed immediately to implementation of stage 3 or stage 4. A break in a large transmission main, mechanical failure to one or more large pumps, or production plant breakdown causes this condition. Contamination of water supplies or other unforeseen occurrences may also instigate this condition. They may arise with little warning and require immediate and/or aggressive actions. Drought contingency measures should stress reductions in peak water demand or redistribution of the demand to off-peak hours. Drought/Conservation Plan 12/20/99 Type of Water Stage 1 Stage 2 Stage 3 Stage 4 Management Water Awareness Water Watch Water Warning Water Emergency Condition Type A Total raw water Total raw water Total raw water Total raw water Water Supplies supply in Denton supply in Denton supply in Denton supply in connected Are Low and Dallas and Dallas and Dallas lakes has dropped connected lakes has connected lakes connected lakes below 30% of the dropped below 65% has dropped has dropped below total conservation of the total below 55% of the 45% of the total storage conservation storage total conservation conservation storage storage Type B Water Water demand has Water demand has Water demand has Water demand has Demand reached or exceeded reached or reached or reached or exceeded Approaches 90% of delivery exceeded 90% of exceeded 95% of 98% of delivery System capacity for 3 delivery capacity delivery capacity capacity for 1 Capacity consecutive days. for 5 consecutive for 2 consecutive consecutive day. days. days. Type C Short Water demand Water demand Water demand Water demand -Term approaches a equals a reduced exceeds a reduced seriously exceeds a Deficiencies reduced delivery delivery capacity delivery capacity reduced delivery Limit Supply capacity for all or for all or part of for all or part of capacity for all or Capability part of the system, the system, as the system, as part of the system, as as determined by determined by determined by City determined by City of City of Denton City of Denton of Denton Water Denton Water Water Utilities Water Utilities Utilities Utilities 3.9 Table 3.1 Summary of City of Denton Water Utilities Trigger Conditions Rationale for Trigger Conditions: Type A, Water supplies are low Since Denton obtains water from two supply reservoirs shared with the City of Dallas and Dallas Water Utilities has the ability to balance water supplies between reservoirs, trigger conditions for low water supplies are based on the water supply available in the combined lake system shared by both cities. Modeling of the reservoir system shows how supplies diminish during a drought equal to the drought of record. This information was used to select the trigger levels for implementing measures that correspond to years two, three, four, and five of an extended drought. It is anticipated that the City of Denton will initiate Type A Water Management Plan stages consistent with the actions by the City of Dallas for this shared multiple reservoir system. Type B, Water demand approaches system capacity Base trigger conditions on the available delivery capacity relative to water demand. In most cases, the limiting constraint will be the treated water distribution system. To set the trigger conditions, the City examined water demand and the gygtem'~ delivery capacity. The ~elected trigger levels provide sufficient time delay between each stage and time to implement measures that correspond with the severity of the capacity shortfall. Drought/Conservation Plan 12/20/99 · Type C, Short-term deficiencies limit supply capability The trigger conditions for short-term deficiencies limiting water supply capability are based upon how much water supply or delivery capacity remains available relative to water demand for all or part of the system. Trigger conditions, which will be determined when the deficiency occurs, will be based on the area impacted, existing conditions, and options available within the Denton Water Utility System at that time. 3.10 Water Management Measures: Section 3.7 outlined the drought contingency stages and the monitoring for initiation and termination. This section outlines the responses at each stage. Because the most effective response to a given drought management condition may vary on the type and factors unique to the situation, the City of Denton Water Utilities has prepared menus of possible actions. The ACM/Utilities determines appropriate actions before initiation or at any time during a drought contingency stage. Each stage is listed below, followed by a brief description of the situation and the type of actions that may be required. Stage 1, Water Awareness Actions Available: Applied locally or to all customers, as necessary. A potentially serious drought contingency condition exists for all or part of the system. Initiate a public awareness campaign to inform the public that the City is concerned about water uses and that staff is watching the water sources and evaluating conditions on a daily basis. Encourage public and internal users to voluntarily reduce water consumption. Encourage city government to take the lead by reducing water use. Mandatory Restrictions: a) Internal: (i.e. City of Denton Municipal uses only) · No internal mandatory restrictions required. b) Retail Customers: · No mandatory restrictions required. c) Wholesale Customers: · No wholesale mandatory restrictions required. Voluntary Requests a) Internal: (i.e. City of Denton Municipal uses only) · Staff will begin review of the problems initiating Stage 1 actions and will identify possible solutions to address the water shortage. · Seek voluntary reduction~ from intermptible cu~tomer~ per rate ordinance or eontra~t terms. Drought/Conservation Plan 12/20/99 · Request leak detection and repairs within the distribution system be intensified. · Encourage reductions in landscape watering for parks and golf courses. · Flush only mains that are essential for water quality maintenance and construction. new b) Retail Customers: · Encourage reductions in water usage by avoiding excessive nm-off from landscaped areas, the hosing offofpaved areas, the frequency of draining and filling of swimming pools, hot tubs and spas and other recreational water uses. · Encourage efficient use of water for all essential uses. c) Wholesale Customers: · Wholesale customers asked to comply with same policy as Denton Water Utilities. Notifications: a) Internal: (i.e. City of Denton Municipal uses only) · Notify major City departments, by telephone and follow-up memo, of Water Watch Stage/ti and request voluntary water use reduction. Stress voluntary elimination of non-essential uses. b) External Customers: · Issue press release, radio and video public service announcement to area media describing Water Watch Stage #1 and the voluntary restrictions that apply. · Distribute water conservation materials to Denton Independent School District, UNT, TWU and community groups if appropriate · Post Water Watch notices at public buildings including city buildings, county buildings and the federal post office. · Water customers requested to practice water conservation and minimize or discontinue water use for nonessential services. · Encourage reduction of water use through the publication of thc voluntary landscape watering schedule and request watering only during off-peak hours. · Initiate public education campaign teaching and encouraging reduced water use practices c) Wholesale Customers: · Advise wholesale customers by telephone and follow-up memo, of Water Watch Stage #1 and request voluntary water use reduction consistent with actions taken by the City of Denton. Penalties: No penalties enforced at this time. Drought/Conservation Plan 12/20/99 Stage 2, Water Watch Actions Available Applied locally or to all customers, as necessary with a desired 10% to 20% reduction. The situation has worsened and calls for an internal restriction on outdoor water use. The public is encouraged to conserve water on a voluntary basis and use ALL water efficiently. Wholesalers asked to modify restrictions to meet City of Denton criteria. Mandatory Restrictions: a. Internal: (i.e. City of Denton Municipal uses only) Staff continues to review the problems, which initiated the Stage 2 actions. Identifies and implements possible solutions to address the water shortage. · Department staffs implement a self audit and limit computerized water usage of city owned golf course greens, tees, fairways, sports facilities and recreation areas byl0% to 20% on the posted five-day watering schedule. Watering with a hand-held hose, or bucket can be done anytime. · Washing of any city vehicle, bike, or trailer, limited to the 5-day watering schedule. · Prohibit excessive water mn-off from any landscaped area onto streets, alleys, or parking lots. Run-offis excessive when it goes ten (10) feet beyond the property line. · Prohibit hosing offpaved areas, buildings, windows, or other surfaces. · Use of water from fire hydrants limited to fire fighting, essential distribution system maintenance and related activities. · Intensify leak detection and repair activities on water pipes and mains. · Prohibit the operation of aesthetic ornamental fountains. · Restrict the flushing of fire hydrants, blow offs and service connections for new main construction by special permit only. · Prohibit use of water to fill, refill, or add to any indoor or outdoor swimming, wading, or jacuzzi type pools except on the 5-day schedule. Public pools are exempt from these restrictions. b. Retail Customers: · No mandatory retail customer restrictions apply at this time. c. Wholesale Customers: · No wholesale customer mandatory restrictions apply at this time. Voluntary Requests a. Internal: (i.e. City of Denton Municipal uses only) · Mandatory restrictions apply. b. Retail Customers: · Request that all automatic landscape watering be limited to the five-day schedule as posted. Watering with a hand-held hose, or bucket can be done anytime. · Request that washing of any motor vehicle, bike, trailer, boat or airplane be limited to the 5-day watering schedule. Drought/Conservation Plan 12/20/99 · Request that irrigation of golf course greens, tees, and fairways be limited to the five- day schedule. Request that use of water to fill, refill, or add to any indoor or outdoor swimming, wading, or jacuzzi pools be limited to the 5-day schedule. Request that hosing offpaved areas, buildings, windows, or other surfaces as well as operation of aesthetic ornamental fountains be limited to the 5-day schedule. · Request that recreational water use including use of faucets, hoses or hydrants, be limited to the 5-day schedule. · Request that restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. · Encourage efficient use of water for all essential uses. Wholesale Customers: · Wholesale water systems asked to abide by City of Denton policy for both internal operations and all retail customers. Reduction in rate of flow controller settings by 10% -20% are possible. · Seek voluntary reductions from intermptible customers per rate ordinance or contract terms. Notifications: a) Internal: (i.e. City of Denton Municipal uses only) · By telephone and attached follow-up memo, notify all major City department water users of Water Watch Stage #2 and the water use restrictions under this stage. Instruct them to implement restrictions on non-essential uses. Use city department contacts in Appendix A. · Coordinate distribution of water emergency plan details, posters, and handouts to customer service representatives, utility dispatch personnel and Denton public access buildings. b) Retail Customers: · TNRCC notified of stage 2 restrictions. · Issue press release, radio and video public service announcement to area media describing Water Watch Stage #2 and the water use restrictions under this stage. Keep media updated on the water situation. Use media contacts listed in Appendix A. · By telephone and follow-up letter, notify major area water users of Water Watch Stage #2 and the restrictions that apply. Use plant manager contacts listed in Appendix A · Accelerate public education campaign to promote and encourage efficient water use. · If applicable, the water utility staff notifies the U.S. Corp of Engineers by telephone and attached letter of the Water Watch Stage #2 conservation measures. Wholesale Customers: Advise wholesale customers by telephone and attached letter of the actions taken by the City of Denton in response to Water Watch Stage #2 and require the Drought/Conservation Plan 12/20/99 implementation of like procedures among their customers. Wholesale customer cities shall either impose water use restrictions equivalent to those imposed on Denton's retail customers OR where applicable, Denton may reduce rate-of-flow controller settings by 10% -20%. Use wholesale customer contacts in Appendix A. Penalties: · No penalties enforced at this time. Internal (City of Demon) landscape and vehicle washing activities beginning in Stage 2 shall be limited to once every five (5) days based on the last digit of the address per the schedule below: Last Digit of Address 0or5 1 or6 2 or7 3 or8 4or9 Allowed Water Dates 5m, 10m, 15~n, 20~n, 25~n, 30~n 1~, 6m, 11m, 16~, 21~, 26m 2na, 7TM, 12~n, 17~n, 22n~, 27m 3ra, 8m, 13~n, 18m, 23ra, 28th 4m, 9m, 14m, 19m, 24TM, 29m Table 3.2 Stages 2 and 3 five-day Watering Schedule Drought/Conservation Plan 12/20/99 DROUGHT PLAN NOTIFICATION LIST Notification of the Public: Utility Communication Coordinator (ext. 8449) implements public information efforts to advise citizens of the Emergency Water Plan. A. Issue press release, video public service announcement, and web site release to area media describing Water Watch Stages and the restrictions under each stage. Keeps media updated on the water situations. Media contacts include: Denton Record Chronicle Dallas Morning News KNTU Radio KRLD Radio WBAP Radio KLIF Radio KICI Radio KHVN Radio KKDA Radio KDFW Channel 4 KXAS Channel 5 WFAA Channel 8 KTVT Channel 11 (817) Local Public Access--Channel 25 City Government Channel 26 City of Denton Web Site 381-9575 / Fax 381-9601 Fax (214) 977-8319 Fax(214)445-6372 Fax(214) 695-0032 Fax(972)787-1329 Fax (214) 445-5897 City Editor (214) 977-8456 / (940) 565-2881 (817) 461-9912 / (817) 429-6397 / (972) 263-1230 / (940) 591-9090 / (214) 787-1970 / (214) 787-1730 / (817) 336-8119 / Fax (817) 336-8143 (817) 654-6300 / Fax (817) 654-6325 (817) 335-6324 / Fax (214) 977-6585 496-7711 / Fax (817) 496-7739 (940) 566-1020 (940) 349-8509 Post current stage and restrictions that apply. B. Distribute water conservation materials to Denton Independent School District, UNT, TWU, and community groups. C. Posts Water Watch notices at public buildings including city buildings, county buildings, and the federal post office. D. By telephone and follow-up letter, notify major area water user plant managers of Water Watch Stages and requests water use reduction depending on the stage: University of N. Texas Texas Women's Univ. Independent School District Denton State School Peterbilt Regional Medical Center 565-2751 Denton County Offices 565-8698 898-3131 Woodhill Apartments 565-8006 387-6151 Clayton Homes 387-0133 591-3389 Lakewood Estates 891-4200 566-7100 Pace's Crossing 891-3778 566-4000 Greater S.W. Mgt. Inc. 382-9433 Denton Community Hospital 898-7080 E. By telephone and attached follow-up memo, notify major City department water users of Water Watch Stages and of the request for water use restrictions. Instruct them to voluntarily eliminate non-essential uses including street and vehicle washing and operation of ornamental fountains, and to implement restrictions on essential uses. Accounting & Finance Ext. 8320 City Attorney Ext. 8333 Parks & Recreation Ext. 8270 Code Enforcement Ext. 8420 Fire Dept. Ext. 8115 Customer Service Ext. 8210 Drought/Conservation Plan 12/20/99 Public Works Ext. 8420 Electric Utilities Ext. 8487 Police Dept. Ext. 8181 Fleet Services Ext. 8430 Meter Reading Ext. 8464 Notification of other entities: Utility Administration will (ext. 7175) public notification or other entities involved with the Emergency Water Plan. A. Notify the following City management officials: City Managers Office Mike Jez Ext. 8307 Asst. City Mgr. Utilities Howard Martin Ext. 8230 Director of Water Utilities Ext. 7326 implemeut B. Notify the Texas Natural Resources Conservation Commission (TNRCC) about the Drought Plan before implementation. Follow up the telephone notification with a letter to the TNRCC water utility section. a) Water Utility Section (512) 239-6020 File a new status report every 30 days in order to keep the TNRCC informed of the Drought Plan status. C. Notify U.S. Corp of Engineers by telephone and attached letter of the designated Water Watch Stages and the imposed conservation measures. U.S. Corps of Engineers Ken Howell (972) 434-1666 D. Notify City of Sanger and Upper Trinity Regional Water District of the most recent Stage and ask for cooperation on implementation of the latest restrictions by: a) Distributing water conservation information to the public through newsletter massages on utility bills, billstuffers, public service announcements, and advertisements in Denton Record-Chronicle. b) Explaining other stages and possible actions. UTRWD City of Sanger Public Works Director (940) 458-7930 UTRWD Manager (972) 219-1228 Drought/Conservation Plan 12/20/99 Stage 3, Water Warning Actions Available Applied locally or to all customers, as necessary with a desired 20% to 30% reduction The situation has deteriorated further, and it is necessary to implement mandatory external and internal restrictions to protect public health and safety. Use stronger language to intensify public awareness and alert the public of the potential severity of the water shortage. Impose 20% surcharge penalty for residential customers water use above 30,000 gallons per meter connection per 30-day period. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 80% of prior billing volumes for a 30-day period. Rate of flow restrictions also apply to wholesale customers. Mandatory Restrictions: a) Internal: (i.e. City of Denton Municipal uses only) · Staff continues to review the problems, which initiated the Stage 3 actions and identifies and implements possible solutions to address the water shortage. Irrigation of landscaped areas is limited to the designated 5-day schedule between 9 pm and9am. · Use of water to wash any City motor vehicle, or motorbike not occurring at a commercial car wash and not in the interest of public health, safety, or welfare is prohibited. Washing at commercial car washes shall occur between 9 pm and 9 am. · City employees shall use hand-held hoses to maintain operation for existing swimming pools, jaeuzzis, spas, omamental ponds, fountains and foundations on the posted five-day schedule between 9 pm and 9 am. Public pools are exempt from this restriction. · City nurseries shall water plant stock only with low-volume drip emitter systems between the hours of 9pm to 9am on the five-day watering schedule. · Use of water from fire hydrants is limited to fire fighting, essential distribution system maintenance and related activities. · Department staffs implement a self audit and limit computerized water usage of city owned golf course greens, tees, fairways, sports facilities and recreation areas by 20% to 30% between the hours of 9pm to 9am on the posted five-day watering schedule. Watering with a hand-held hose, or bucket can be done anytime. · Prohibit excessive water mn-off from any city-owned landscaped area onto streets, alleys, or parking lots through code enforcement warnings. Run-off is excessive when it extends ten (10) feet beyond the driveway and into the street. · Discontinue use of water for new water line construction purposes from fire hydrants, blow offs and service connections. b) Retail Customers: · Irrigation of landscaped areas is limited to the designated 5-day schedule between 9 pm-9am. · Use of water to wash any motor vehicle, motorbike, boat trailer, airplane etc. not occurring at a commercial car wash and not in the interest of public health, safety, or welfare is prohibited. Washing at commercial ear washes shall occur between 9 pm and9 am. Drought/Conservation Plan 12/20/99 · Residents shall use hand-held hoses to maintain operation for existing swimming pools, jacuzzis, spas, ornamental ponds, fountains and foundations on the posted 5- day watering schedule between 9 pm and 9 am. · Nurseries shall water plant stock only with low-volume drip emitter systems between the hours of 9pm to 9am on the five-day watering schedule. · Golf courses using treated water for grounds watering must adhere to the five-day published water rationing schedule. Water greens and tees only between the hours of 9pm to 9am. · Prohibit excessive water nm-off fi:om any landscaped area onto streets, alleys, or parking lots through code enforcement warnings. Run-off is excessive when it extends beyond the driveway and into the street. · Prohibit permitting of new swimming pools, jacuzzis, spas, ornamental ponds, or fountain construction, except those previously permitted or under construction when Stage 3 restrictions begin. Initial filling of sites permitted (one time) after completing construction. · Service to interrupfible customers is temporarily suspended. c) Wholesale Customers: · Same external restrictions apply to wholesale suppliers. Voluntary Requests a) Internal: (i.e. City of Denton Municipal uses only) · All restrictions are mandatory. b) Retail Customers: · Request that restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. · Encourage efficient use of water for all essential uses. c) Wholesale Customers: · Wholesalers follow mandatory restrictions placed on extemal customers. Notifications: a) Internal: (i.e. City of Denton Municipal uses only) · Coordinate dissemination of water conservation plan details, posters, and handouts to customer service representatives, utility dispatch personnel and public access buildings. · By telephone and attached follow-up memo, notify all major City department users of Water Watch Stage//3 and of the water use restrictions under this stage. Instruct them to eliminate non-essential uses including street and vehicle washing and operation of ornamental fountains, and to implement restrictions on essential uses. Use same contacts as those listed in Appendix A. Drought/Conservation Plan 12/20/99 b) Retail Customers: TNRCC notified of stage 3 restrictions. · Issue press release, radio and video public service announcement to area media describing Water Watch Stage #3 and the water use restrictions under this stage. Keep media updated on the water situation. Use same media contacts as those in Appendix A. · By telephone and follow-up letter, notify major water users of Water Watch Stage #3 and the mandatory water use reduction. Use contacts listed in Appendix A. · Post Water Watch notices at public buildings including city buildings, county buildings, and the federal post office. · If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water Watch Stage #3 conservation measures. Request that the Corps release water from Lake Ray Roberts Reservoir and ask for an immediate response to this request. Do not issue a dredging contract unless the Corps does not agree to release water from Ray Roberts. Use Corps contacts listed in Appendix A. Wholesale Customers: · Advise wholesale customers by telephone and attached letter of the actions taken by the City of Denton in response to Water Watch Stage #3 and require the implementation of like procedures among their customers. Wholesale customer cities shall either impose water use restrictions equivalent to those imposed on Denton's retail customers OR where applicable, may reduce rate-of-flow controller settings by 20% -30%. Use wholesale customer contacts listed in Appendix A. Penalties: Initiate a 20% rate increase for residential customers for water usage greater than 30,000 gallons per account per 30 days. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 80% of prior billing volumes for a 30-day period. Initiate code enforcement fines for any violation of the Drought Contingency Plan. Drought/Conservation Plan 12/20/99 Stage 4, Water Emergency Actions Available - Applied locally or to all customers, as necessary with a desired 30% or greater reduction. The situation is critical and it is necessary to implement a total ban on ALL outside watering. The public awareness campaign emphasizes the need for extreme measures and stiff penalties. Impose 20% surcharge penalty for residential customer use above 15,000 gallons per meter connection per 30-day period. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 70% of prior billing volumes for a 30-day period. Restrictions also apply to wholesale suppliers. Mandatory Restrictions: a) Internal: (i.e. City of Denton Municipal uses only) · Staff continues to review the problems, which initiated the Stage 4 actions and identifies and implements possible solutions to address the water shortage. Prohibit use of water from fire hydrants to fire fighting, essential distribution system maintenance and related activities. · Prohibit all city use of watering for landscape purposes. · Prohibit all washing and rinsing of city vehicles regardless of the location. · Prohibit use of hose end sprinklers or automatic sprinkler systems. b) Retail Customers: · Prohibit all commercial and residential landscape watering. · Prohibit all washing and rinsing of vehicles regardless of the location. · Nurseries shall water plant stock only between the hours of 9 p.m. and 9 a.m. They must also adhere to the 5-day watering schedule. · Residents shall limit foundation watering to a two-hour period on the five-day rotational schedule between 9 p.m. to 9 a.m. with soaker or hand-held hose only. · Prohibit permitting of new swimming pools, hot tubs, spas, ornamental ponds, and fountain construction. · Service to interruptible customers is temporarily suspended c) Wholesale Customers: · Same external restrictions apply to wholesale suppliers. Voluntary Requests a) Internal: (i.e. City of Denton Municipal uses only) · All restrictions are mandatory. b) Retail Customers: · Request a 25% reduction of indoor water uses. · Request that restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. · Encourage efficient use of water for all essential uses. Drought/Conservation Plan 12/20/99 Seek voluntary reductions from intermptible customers per rate ordinance or contract terms. c) Wholesale Customers: · All restrictions are mandatory. Notifications: a) Internal: (i.e. City of Denton Municipal uses only) · By telephone and attached follow-up memo, notify all major City department water users of Water Watch Stage #4 and of the water use restrictions under this stage. Instruct them to eliminate non-essential uses and to implement restrictions on essential uses. Use department contacts listed in Appendix A. · Coordinate dissemination of water conservation details, posters, and handouts to customer service representatives, utility dispatch personnel and Denton public access buildings. b) Retail Customers: · TNRCC notified of stage 4 restrictions. · Issue press release, radio and video public service announcement to area media describing Water Watch Stage #4 and the water use restrictions under this stage. Keep media updated on the water situation. Use same media contacts as those in Appendix A. · Post Water Watch notices at public buildings, including city buildings, county buildings, and the federal post office. · By telephone and follow-up letter, notify major area water users of Water Watch Stage #4 and mandatory cessation of all outside watering. Use plant manager contacts listed in Appendix A. · If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water Watch Stage #3 conservation measures. c) Wholesale Customers: · Advise wholesale customers by telephone and attached letter of actions being taken by the City in response to Water Watch Stage #4 and mandatory implementation of similar procedures among their customers. Wholesale customer cities shall impose water use restrictions equivalent to those imposed on Denton's retail customers or, where applicable, reduce their rate-of-flow controller settings by a percentage determined by the Director of Water Utilities. Appendix A lists wholesale customers that need to be contacted. Penalties: Impose a 20% rate increase for residential customers for water usage greater than 15,000 gallons per account per 30 days). Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 70% of prior billing volumes for a 30-day period. Drought/Conservation Plan 12/20/99 · Initiate code enforcement fines for any violation of the Drought Contingency Plan. 3.11 Water Rationing: Retail Customers: During Stages 3 and 4 of the Drought Contingency Plan, the City may impose a retail water rate increase to discourage water use. Rates for residential customer usage more than 30,000 gallons per 30 days per account in stage 3 or above 15,000 gallons per 30 days per account in stage 4 may be increased by 20 percent (20%), or any other lesser percentage deemed appropriate by the ACM/Utilities. A similar 20 percent (20%) rate increase for commercial and industrial customers may be imposed for use exceeding 80% (stage 3) and 70% (stage 4) of prior billing volumes per 30-day period. Wholesale Customers: The City may impose pro rata water allocation to its wholesale customers based on the same allocations per retail account per 30 days as established in stages 3 and 4. Implementation will take place through wholesale contracts. Wholesale Contracts: Every new, renewed, or extended wholesale contract will include a provision that in case of a water shortage, water to be distributed shall be divided in accordance with Texas Water Code Section 11.039, Distribution of Water During Shortage, which states: If a water shortage of water results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike. Nothing in Subsection (a) of this section precludes the person, association of persons, or corporation owning or controlling the water, from supplying water to a person who has a prior vested right to the water under the laws of the State of Texas. Wholesale Customers Pro Rata Water Allocation: The City of Denton may curtail water deliveries or reduce diversions in accordance with the terms and conditions of its wholesale water supply contracts. Failure to provide specific contract provisions allows the City to curtail water deliveries or reduce diversions in accordance with Texas Water Code Section 11.039. The City has authority to restrict flow to its wholesale water customers through the rate-of-flow controllers. Pro rata, the Assistant City Manager/Utilities will establish water allocations, determined as a percentage reduction of the wholesale customer's water usage, at the time of implementation. The total volume reduction for each wholesale customer will be calculated on a monthly basis, based on average water usage for the previous three years. The ACM/Utilities establishes the percentage reduction based on: · An assessment of the severity of the water shortage condition. · The need to curtail water diversions and/or deliveries. The percentage reduction may be adjusted periodically by the ACM/Utilities. Once the pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer are limited to the allocation established for each month. Drought/Conservation Plan 12/20/99 3.12 Enforcement: Violations: A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented in the Drought Contingency Plan. It is presumed that a person has knowingly made, caused, or permitted use of water contrary to the measures implemented if the mandatory measures have been implemented according to the Plan and any one of the following conditions apply: The Drought Contingency Plan prohibits the manner of use. · The amount of water used exceeds that allowed by the Drought Contingency Plan · The manner of use or the amount used violates the terms and conditions of a compliance agreement made following a variance granted by the ACM/Utilities. · Any person in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for their minor children and proof that a violation, committed by a child, occurred on the property within control of the parents shall constitute a rebuttable presumption that the parent committed the violation. But, any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. · Any Code Enforcement Officer, police officer, or other city employee designated by the Assistant City Manager/Utilities, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in municipal court on the date shown on the citation. tVarnings and Penalties: Stages 3 and 4 of the Drought Contingency Plan impose mandatory water-use restrictions. The following warnings and penalties will apply to these stages · First Violation: Customers receive a written waming that they have violated restrictions. · Subsequent Violations: Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $2,000. Each day that one or more provisions in this Plan is violated shall constitute a separate offense. Flow restrictors may be placed in lines after two violations have occurred to limit the amount of water passing through the meter in a 24-hour period. In lieu of flow restrictors, the City of Denton Utilities reserves the right to temporarily cancel water service to the customer until the situation can be resolved. 3.13 Variances: Granting a Variance: The ACM/Utilities may grant variances from the Drought Contingency Plan in special cases to persons demonstrating extreme hardship and need. In order to obtain a Drought/Conservation Plan 12/20/99 variance, the applicant must sign a compliance agreement on forms provided by the ACM/Utilities and approved by the City Attorney. The applicant must agree to use the water only in the amount and manner permitted by the variance. A variance must meet the following conditions: · Granting of a variance must not cause an immediate significant reduction in the City's water supply. · The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. · The variance will not adversely affect the health, safety, or welfare of other persons. No variance is retroactive nor can it justify any violation of this Drought Contingency Plan before its issuance. Revoking a Variance: The ACM/Utilities may revoke a variance granted when the Director of Water Utilities determines any one of the following: · Conditions causing initial issuance of the variance are no longer applicable. · Violation of the terms of the compliance agreement. · The health, safety, or welfare of other persons requires revocation. Wholesale Customer Variances: The ACM./Utilities may grant variances from the Drought Contingency Plan to wholesale water customers in special cases. Wholesale water customers may request reduced variance allocations for the following conditions: · The designated period does not accurately reflect a wholesale customer's normal water usage. · The customer agrees to transfer part of its allocation to another wholesale customer. · Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. In order to grant a variance, the applicant must sign a compliance agreement on forms provided by the ACM/utilities and approved by the City Attorney. No variance shall be retroactive or otherwise justify any violation of this Drought Contingency Plan occurring before the issuance of the variance. 3.14 Severability The City of Denton Public Utility Board agrees that sections, paragraphs, sentences, clauses, and phrases of this Drought Contingency Plan are severable. If any phrase, clause, sentence, paragraph, or section of this Drought Contingency Plan is declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Drought Contingency Plan, since the same would not have been enacted by the City of Denton Public Utility Board without the incorporation into this Drought Contingency Plan of any such unconstitutional phrase clause, sentence paragraph, or section. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Management and Budget Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services sUBjRCT A resolution to declare the intent to reimburse exPenditures from the Unreserved fund balance of the General Fund with Certificates of Obligation so that a project approved in the 1999-2000 Capital Improvement Budget more fully described in the attachment to this resolution may be commenced; and providing an effective date. BACKGROUND A bond sale is planned in the spring of 2000 to provide funding for various General Fund capital improvement projects. The 1999-2000 budget approved by City Council includes the issuance of Certificates of Obligation to make improvements to City Hall East, City Hall and City Hall West, including moving offices in conjunction with the vacating of leased space in City Hall East by 'North Central Texas College. The attached reimbursement resolution will allow the necessary work related to this project to begin immediately rather than waiting until spring when the bonds will be sold. FISCAL INFORMATION This resolution will allow $2,000,000 from General Fund unreserved fund balance to be expended and subsequently reimbursed with Certificates of Obligation. Respectfully s~bmitted: Director of Management and Budget RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTiFICATES OF OBLIGATION SO THAT A PROJECT APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corPoration/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the design, planning, and construction for improvements to various City facilities referred to as facility renovations which were previously approved in the 1999-2000 CIP Budget and are more fully. described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to' reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNGIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $2,000,000 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A" which is made a part of this resolution for all purposes. SECTION 2: That all costs to be reimbursed pursuant hereto will be for design and capital improvement expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution atter a date which is later than 18 months aRer the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 1999-2000 fiscal year. SECTION 3: That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years aRer the date any expenditure which is to · be reimbursed is paid. SECTION 4: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CIT5 BY: · ATTORNEY / Page 2 Attachment A CIP Project: 1999-2000 *Facility Renovations $2,000,000 :gThe Facility Renovations Project was approved to make improvements to City Hall East, City Hall and City Hall West including moving offices in conjunction with the vacating of leased office space in City Hall East by North Central Texas College. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 4, 2000 Planning Department ~ ~ David Hill, 349-8314''~ Agenda No. Agenda Item Date SUBJECT -. Z-99-061R (Smith Tract Concept Plan) Hold a public hearing to consider amending the concept plan for a Planned Development (PD- 115) encompassing approximately 230 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development including single-family residential, multi-family residential, commercial use, open space and a school site. The Planning and Zoning Commission recommends approval (5-0) with conditions BACKGROUND The applicant has requested to amend the concept plan for this property to develop single-family, multi-family and commercial uses. The property is currently used for agricultural purposes. The original application for Z-99-061 was received on July 21, 1999 and subsequently was recommended for approval by the P&Z (7-0) on October 13, 1999. At the November 2, 1999 City Council hearing, staff received two additional letters of opposition. One of the letters was opposition to the Detailed Plan but was inadvertently calculated towards the Concept plan. The amount of opposition was calculated at 21%, thereby requiring a super majority approval by City Council. A recommendation for approval with an 80% brick requirement for all single-family structures and converting tract D from SF-5 to SF-7 was approved 4-2. The motion failed, however, due to lack of a super majority. Upon further review, staff recalculated the opposition to less than 20%. The legal department advised City Council that in their opinion, the original 4- 2 vote constituted an approval. Due to the amount of confusion over the opposition City Council rescinded their original vote and directed the applicant to proceed through the approval process again. City Council's desire to initiate a new series of public hearings has in essence wiped the slate clean. A1._!I letters, either in opposition, neutral to or in favor of the Smith Tract Concept Plan (Z- 99-061) received prior to December 1, 1999 are no longer being used to determine the percentage of opposition to the proposals. An in-depth analysis of the proposed plan is included in the P&Z backup (See attachment 1). In general, the plan addresses all P&Z recommendations set forth on October 13th and includes the 80% brick requirement and the conversion of tract D from SF-5 to SF-7, as included in the City Council motion for approval. The subject property is located in a Planned Development (PD-115) zoning district created on May 20, 1986 by Ordinance No. 86-101. The PD allows a mix of uses including general retail, office, multi-family residential (MF-1 and MF-R), single-family (SF-16, SF-10, SF-7 and zero lot line) and public parks. (See Attachment 1, P&Z Report for comparison between existing concept plan and proposed concept plan) The proposed development is consistent with the 1999 - 2020 Comprehensive Plan. (see Attachment 1 - Comprehensive Plan Analysis section). Thirty two (32) property owners were notified of the zoning request along with 90 courtesy notices. As of this writing, there have been eight (8) responses in opposition, totaling 13.04% opposition. (See attachment 3) Four neighborhood meetings have been held. The first was on June 3rd , the second was July 22na and the third was on September 15, 1999 and the forth meeting was held on December 13, 1999. PRIOR ACTIONfREVIEW The following is a chronology o, commonly known as Z-99-061 (Smith Tract): May 20, 1986 June 3, 1999 - July 21, 1999 - July 22, 1999 - August 25, 1999 September 8, 1999 September 15, 1999 September 22, 1999 October 13, 1999 November 2, 1999 November 3, 1999 November 15, 1999 December 13, 1999 December 15, 1999 Subject property rezoned from Agricultural to PD-115 Neighborhood Meeting Application Date Neighborhood Meeting P&Z continues public hearing P&Z continues public hearing Neighborhood Meeting P&Z continues public hearing P&Z recommends approval City Council approves Z-99-061 with a 4-2 vote with the understanding that opposition greater than 20% exists, therefore the approval fails due to lack of super majority. Staff recalculates the amount of opposition and determines that less than 20% opposition existed. City Council rescinds original approval and directs the applicant to proceed through the approval process again. Neighborhood Meeting P&Z recommends approval ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that arc the responsibility of the city and is providing an elementary school site to the Denton Independent School District. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) of this zoning request with the following conditions: 1. Development regulations and standards proposed by the applicant shall be included as part of the ordinance. 2. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report from December 15, 1999, Z-99-061R 2. Planning and Zoning Commission minutes from December 15, 1999 3. Opposition calculations and map 4. Draft Ordinance. Prepared. by: 'Larry k~ichhart Development Review Manager Resp;ectfu~ subm/~d: Director of Planning and Development ATTACHMENT 1 PLANNING AND ZON SION STAFF REPORT Subiect: Smith Tract Concept Plan (PD-115) Staff: Larry Reichhart, Development Review Manager Case Number: Z-99-061R Aqenda Date: December 15, 1999 Hold a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing approximately 230 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The proposed concept plan is for mixed-use development including single-family and multi-family residential development, commercial use and a school/park site. (See enclosure 2) .... -SITE LOCATION MAP Location: Generally located north of Windsor Road between Bonnie Brae and Westgate (See enclosure 1 ). Size: Approximately 230 acres Z-99-061R P&Z Report Applicant: MESA Design Group Owner: 3100 McKinnon St., Suite 905 Dallas, TX 75201 Intermandeco, Inc. 1401 Burnham Drive Piano, TX 75093 The original application for Z-99-061 was received on July 21, 1999 and subsequently was ' recommended for approval by the P&Z (7-0) on October 13, 1999. At the November 2, 1999 City Council hearing, staff received two additional letters of opposition. One of the letters was opposition to the Detailed Plan but was inadvertently calculated towards the Concept plan. The amount of opposition was calculated at 21%, thereby requiring a super majority approval by City Council. A recommendation for approval with an 80% brick requirement for all single-family structures and converting tract D from SF-5 to SF-7 was approved 4-2. The motion failed.however due to lack of a super majority. Upon further review staff recalculated the opposition to less than 20%. The legal department advised City Council that in their opinion, the original 4-2 vote constituted an approval. Due to the amount of confusion over the opposition City Council rescinded their original vote and directed the applicant to proceed through the approval process again. City Council's desire to initiate a new series of public hearings has in essence wiped the slate clean. AI.._~I letters, either in opposition, neutral to or in favor of the Smith Tract Concept Plan (Z-99- 061) received prior to December 1, 1999 will no longer be used to determine the percentage of opposition to the proposals. An in-depth analysis of the proposed plan is included in the following pages. In general, the plan address all P&Z recommendations set forth on October 13~ and includes the 80% brick requirement along with the conversion of tract D from SF-5 to SF-7 as recommended by the City Council motion for approval. Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. z-g9-061P, P&Z Report There are three (3) types of plans that may be used in the pl_anned development process; concept plan, development plan and detailed plan. '" DEVELOPMENT PLAN, This plan is intended to be used most often as a second step in the PD process. It includes the same information that is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan is the final step in the process and is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process. It will contain information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. The developer is requesting to amend the Concept Plan for PD-115. The proposed land uses and densities of the revised/amended plan are identified in the table below: PARCEL ZONING I USE TOTAL LOTS/UNITs OPEN SPACE OPEN SPACE DENSITY ACREAGE ' LOTS ACREAGE (UN.lAC.) A Commercial/Office 23.386 N/A N/A N/A N/A B MF-1 11.425 200 N/A N/A 17.51 C $F-5 20.690 106 2 0.732 5.12 D SF-7 18.929 58 0 0 3.06 E $F-5 12.067 59 1 0.386 4.89 F SF-7 103.937 390 3 0.983 3.75 G SF-10 8.240 25 0 0 3.03 H SF-16 8.549 17 0 .0 1.99 J School/Park 18.223 N/A I (18.223) N/A ROw 3.483 N/A N/A N/A N/A TOTAL 228.911 865 Note: The number of units/lots, open space lots and open space acreage is identified in the Detailed plan (Z-99-073). Including tracts B through J, the over-all residential density is 4.16 units per acre (855 units on 205.54 acres). Excluding tracts B and C (the areas designated as Urban Center in the 1988 DDP) the residential density is 3.23 units per acre (549 units on 173.42 acres) Excluding tract~ B, C, D and 75% of E (the areas designated regional mixed-u~e center~ in the draft comprehensive plan)the residential density is 3.15 units per acre {447 units on 142 acres) (See enclosure 11 for Neighborhood density comparison) Z-99-061R P&Z Report e I Taking into account the higher densities promoted in the northe_m section of this property in the Comprehensive Plan along with the dedicated school site, open ~pace and design amenities identified in the proposed Development Guidelines (See enclosure 12, Exhibit C of the Draft Ordinance), the proposed densities are in keeping with the Interim Ordinance/Guidelines that were )resented in the December 7, 1999 joint City Council/P&Z public hearing. PD-115 was approved on May 20, 1989 by Ordinance No. 86-101 and allowed for a mix of uses including general retail, office, multi-family residential (MF-1 and MF-R), single-family (SF-16, SF- 10, SF-7 and zero lot line) and public· parks (See enclosure 3). The table below summarizes the changes between the two plans. AREA(in acres) UNITS LAND USE ORIGINAL REVISED ORIGINAL REVISED General Retail 41.93 N/A ' N/A 23.38 Office 44.94 (-63.49) N/A N/A Multi-family (MF-1) 11.32 11.43 200 200 (+0.11) Multi-family (MFR) 21.85 0 260 0 (- 21.85) Single-family (SF-!6) 19.3! 8.55 42 17 (-10.76) (-25)· Single-family (SF-10) 23.41 8.24 93 25 (-15.17) (-68) Single-family (SF-7) 38,97 122.69 159 448 (+83,72) (+289) Single-family ( SF-5) 23.42 32.76 144 165 (+9.34) (+ 21) Public Parks 14.00 18.22' N/A N/A (+4.22) * Public Parks does not include the 2.1 acres of open space maintained by the HOA. In summery the area proposed for·office and commemial use decrease by 63.5 acres (approximately a 73% decrease) and the total number of units increased by 41 (from 814 to 855, a 5%+). The revised concept plan includes 18.22 acres dedicated for a school site and public park and 2.1 acres of private open space, an increase of approximately 6.3 acres of total open space (45%+). The total overall residential density decreased from 5.89 units per acre to 4.16 units per acre. Z-99-O61R P&Z Report 1999 - 2000 Comprehensive Plan Analysis The proposed amended concept plan is compatible to the proposed land use plan of the comprehensive plan (See enclosure 9). The land use plan identifies the northern portion of the site (basically Parcels A, B, C, D and 75% of E, which are the higher density and commercial sites) as a regional mixed use center and the remainder of the property (the single-family areas), as Neighborhood Centers. Although the Comprehensive plan has been adopted, this application was submitted when the 1988 Denton Development Plan and Growth Management strategies were utilized for project analysis. Therefore the following analysis is provided for review. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity*~.rea and an Urban Center (See enclosure 10). The Iow intensity area is the area south of the east/west portion of Westgate Drive and the urban center is the remainder of the site, north of Westgate Drive. Low intensity areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about ~ mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity, Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. The Urban Center areas are intended to emphasize a diversity of land use and promote higher density and intensity uses. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed develop~nent to be consistent with the policies of the 1998 DP. The proposed concept plan is also somewhat inconsistent with the Growth Management Plan, which identifies the development of this area as a combination of office/mixed use and multi-family development. A general concept plan shall contain the following information: (1) Relation to the master plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it i5 or i5 not c0nsi~tcnt with the plan. · The concept plan is in compliance with the 1999 - 2020 Comprehensive Plan and statement of such needs to be added to the plan. Z-99-O61R P&Z P. epor~ 8. (2) (3) (4) Acreage. The total acreage within the proposed district._ · The total acreage of the property is identified on the plan. Survey. An accurate survey of the boundaries of the district. · The description for the entire PD is attached with the draft ordinance. Land uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units p~r acre. : · The number of units in each area is identified, densities per acre need to be calculated' and added to the plan. (5) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets is optional.) · The concept plan identifies the proposed thoroughfare layout. -,, : (6) Development standards. Development standards for each proposed land use, as follows: a. Minimum lot area. (7) (Ord. b. Minimum lot width and depth. c. Minimum front, side, and rear yard areas. d. Maximum height of buildings. e. Maximum building coverage. f. Maximum floor to area ratios for nonresidential uses. g..Minimum parking standards for each general land use. · The applicant has identified proposed development standards for this development and they are identified on the plan. Existing conditions. On a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a. Topographic'contours of ten (10) feet or less. b. Existing streets. c. Existing 100-year floodplain, floodway and major drainage ways. d. :City limits and E.T.3. boundaries. e. Zoning districts. f. Land use. g. Utilities, including water, wastewater, and electric lines. · All required existing on-site conditions are identified on the detailed plan. Adjacent existing conditions need to be added to the plan. NO. gl-016, § I, 2-5-91) Z-99-061R PAZ Repod: t. Transportation A. Trip generation The 63.5 acre reduction of commercial/office use accounts in a reduction in traffic (between the previous concept plan and the proposed plan) of over 33,000 trips per day. B. AcceSs The development is proposing access from Bonnie Brae and Westgate and is providing future access to the south. · Bonnie Brae and the future extension of Westgate (east and west) are designated as a Secondary Major Arterials. The proposed development will provide for a secondary major arterial (Westgate Dr.) as identified on the Roadway Component of the Denton Mobility Plan (See enclosure 5). The arterial will not be directly connected to the existing residential portion of Westgate. : · Westgate (north and south) is a local street. Prior to platting a Traffic Impact Analysis (TIA) will be required to determine the level of road improvements (to the surrounding road network) that will be required, buy the developer, as a result of this development. C. Pedestrian Linkages Sidewalks along all Public streets are reqUired. 2. Utilities Adequate utilities, to service the site, are within the general area of this development. (See Enclosure 6): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). Z-99-O61R P&Z Report: lO. 6. Open Space m This development is providing approximately 14.7 acres of la~d for parks and open space. The residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the issuance of building permits. Lighting Non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. Environmental Quality impacts No negative environmental impacts have been identified. January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69-01. May 20,'1986 - The subject propertY was rezoned from Agricultural (A) Zoning designation and land use classification to a Planned development (PD-115) zone district by Ordinance 86-101. October 13, 1999 - The Planning and Zoning Commission recommends approval. November 2, 1999 - The City Council approves Z-99-061 with a 4-2 vote with the understanding that opposition greater than 20% exists, therefore the approval fails due to lack of super majority. November 3, 1999 - Staff recalculates the amount of opposition and determines that less than 20% opposition existed. November 15, 1999 -City Council rescinds original apprOval and directs the aPplicant to proceed through the approval process again. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in the Denton Record-Chronicle on Sunday December 5, 1999. Thirty-two (32) property owners were notified of the request on December 3, 1999 along with 90 courtesy notices. As of this writing, there have been no responses. (See enclosure 7) Z-99-O61R P&Z Report 11. There have been a total of four neighborhood meetings regarding this project. (June 3'd, July 22nd' September 15th and December 13th.) From staffs prospective the major concerns were: · The proposed 16,000 square foot lots (across from the existing one acre lots on Westgate) should be one acre in size, · That the development Should cOntain more 10,000 square foot lots and less multi-family, 5,000, 7,000 square foot lots. As the proposed development is in compliance with the Comprehensive Plan,and with the added design controls associated with Planned Developments, staff recommends approval of Z-99-061R with the following conditions: 1. That the development regulations and standards be attached to the ordinance 2. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. I move to recommend approval .of Z-99-061R with the following condition: 1. That the development regulations and standards be attached to the ordinance 2. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. Z-99-O61R P&Z Report 12. 1. Vicinity Map 2. Proposed Amended Concept Plan 3. PD-115 (Existing Ordinance) 4. Zoning Map 5, Denton Mobility Map 6. Utility Map 7. Notification Map 8. Neighborhood meeting Sign-in-Sheets 9. Comprehensive Plan - Land Use Plan 10.1988 DDP Map 11. Neighborhood Density Comparison 12. Draft Ordinance Z*99-O61R P&Z Report 13. ENCLOSURE 1 Z-99-61 R (Smith Tract, PD-115) NORTH VICINITY MAP Agenda Date: December 15, 1999 Scale: None 14. PD A Parcel C SF-5 20.69 ac, HI 8C. 'archi ;.24 ~. Ll(c) ENCLOSURE 2 Parcel B,' MF-1 , 11.43 ac. I N 89'4b"~5' E 2758.3t' Parcel A Commerical/ 23.38 ac. Parcel D SF-7 18.93 ac. Parcel E -', SF-5 12.07 ac. Parcel F $F-7 103.94 ac. Parcel J ~"/~- ,;'-.. ,--,. I'1111 SCHOOL/PARK ~/ , '~ ! \ 1822.c /? ~ % ' \ IIII1~ · '/ ~ ~ J ~ ,,,,,~ ~z~,~ ////~.C",'~ ~. I ~, ~_-_ IH ~-~ 3.;~c /,'////-L~/~,5;/.,~. ..~) ,.~ ~_ III1[~ ,~^,-~ ,,~_/./' ,,.~ .;Z~-~/~'~· SF-IO A A A SMITH TRACT A A DEGEMBEK 9, 1999 Proposed Zo,,"ng Plan · ,' ', 1375L' ENCLOSURE No. 'I0'I :AN ORDINANCE .AI~ENDING THE ZONING MAP OF THE CITY .0~ DENTON, · TEXAS, AS SAME WAS ADOPTED AS ~N APPENDIX TO THE CODE 'OF ORDINANCES OF THE CITY OF DENTON,. TEXAS, BY ORDINANCE NO. 69~1; .AS ANENDED, AND. AS SAID MAP APPLIES .TO 259.17 ACRES OF LAND LOCATED..WEST OF 'BONNIE BRAE"STREET, 'EAST oF WESTGATE DRIVE,' 'NORTH OF PAYNE DRIVE, AND SOUTH OF U. S. HIGHWAY 77, AS'IS MORE' PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION .FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND"' USE DESIGNATION, TO PLANNED DEVELOP~IENT "PD" DISTRICT· CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR'A PENALTY IN 'A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.. THECOUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. · That the. zoning classification and use designation '~f t'he' real property described in Exhibit "l", attached heret6 .and' incorporated herein by reference, is hereby changed from Agricultural "A" District Classi£ication and Use .designation.to Planned Development "PD" District Classification . and Use designation under the 'comprehensive zoning ordinance o£ the City of Denton,.Texas. . SECTION'II. That the "development concept" site plan, attached hereto as Exhibit B and incorporated herein by reference, is.approved as:a preliminary'site plan for the district; Any.~omprehensive'stte plan required to be submitted' herein shall not' be.inconsistent with the- development, concept site' plan. Any amended concept plan submitted for approval shall show and include the whole.. SECTION IIio 'That the district herein approved shall be subJe.ct to the': following conditions, restrictions, and limitations: .. 1. Prior to the beginning of any'development or construction within the district, or of any parcel o£ land or phase thereof,.I or the issuance Of any building permits therefore, a detailed'. comprehensive site .plan for the parcel, o£ land for which. development is proposed, whether one or more, shall be submitted · for approval in accordance with the provisions of Appendix'-'! B-Zoning of the Code' of Ordinances and the requirements o£ this ordinance. The comprehensive site plans required herein sha,ll ~be submitted in the manner and form acceptable tO the Department.. .'o£.Planfiing and Community Development and shall show "or contain.':~ information.as to all proposed land uses, development standards ant regulations tO be applicable therein, including, but not'. limited to,. the location of all buildings and structures, .. streets, parking and loading areas,.recreation, open spaces, and.' park areas, major utilities and drainage facilities; the maximum height of all buildings and structures; the dimensions building lots'; the maximum lot coverages'and building setbacks;':. all buffering and screening areas and devices; the location, size, and types of' detached signs and the' regulations' to be.' applied, to all sign's; and 'such 'other information as may be' ~equired by the department. 2; Any comprehensive site plan required to be submit/ed' herein for any parcel of land shorn.on Exhibit B, ~hether one lot.-" more'~ shall ,not standards: MAXIMU~ PARCEL ACREAGE inconsist'eT~t, with the MAXIMUM NUbIBER OF UNITS A 41.93' N/A B 20.24 C 24.70 D 11.34 I'I/A 2OO E 21.85 260 followin~ minimunl MAXIMUM HEIGHT APPLICABLE'DEVeLOPMENt. OF BUILDINGS . STANDARDS/PROPOSED USES- (STORIES) PER ZONING DISTRICTS · 3'- General Retail, and " scientific.and research · · laboratories, engine a~d motor repairing, and wholesale office and sample-room type uses.. 3 Office. 2 Office 2 . Multi-family (MF,-i), ~nd' · minimum common recre-'. argon/ open squar~ area of'l.10 acres. ' " 2 Multi-family (MF-R) and' minimum common recre-.... ation/ open space area of 2.20 acres. -' 2 Single-Faml. l~ (SF=.IO) 2 Single-Family (SF-16) · 2 Zoning 'districts not /.. applicable; zero lo~ -'.". line single family homes; 40% maximum l~t.. coverage; · 2 Single-Family (SF-7) -* F 23.41 O 19.31 H 23.42 :38.97 159 93 42 141~ ' 14.00 N/A N/A Public Park 3. The pu§lic.park site shown as Parcel J on Exhibit E shiii' be dedicated by an approved final plat or separate instrument'of conveyance prior to the issuance of any.building permits for any parcel of land to be used. for residential purposes. . 4. A general development plan as speci£ied in .Appendix .A.o~ the Code of 0rdinances~ shall be submitted for the first parcel of land or phase to be developed or platted. .The plan shall." include an exact description of a11:infrastructure.tmprovemen{s' necessary to serve the parcel of land or phase proposed .f6r[ development. 'The plan shall-specify the phases "in which all: parcels of land within the district are. proposed to be'developed, i ~. ~ith each comprehensive site plan submitted for approvai:+~. a tree preservation plan shall also .be submitted. The plan shall show all existing trees over three inches .in diameteri measured six feet .from ground 'level; which of those trees required to be shown, 'will be removed as a result of develop-. ment; and the location, .size, and type of trees that will be. substituted for any .existing trees that are proposed to be removed, or will be planted in addition thereto. " 6. ~ith each comprehensi~e sit'e plan submitted for approval £or parcel A, B, C, D, or E, a landscaping plan shall bc sub. mitred sho~lng at least twenty percent of the total area of the' 17. Z-1789/PAGE 2 '" 'tract; exclusive, o~ areas for Street· rights-o£-~a¥, to..:be permanently used and maintain~ ks common areas for plants.; " shrubs, grasses .or other landscape features, · . 7. A£ter approval of any comprehensive site pla~ £or any' parcel o£ land in the district which is proposed to have direct. or indirect vehicul.ar access to Bonnie Brae ttreet~ 'but. prior .'to the beginning o£ any development o£ such parcel, a development contract as required by ·Appendix A of the Code of ·Ordinances shall' be executed to provide for the' paving- o£ Bonnie Brae . -~treet in accordance with the Provisions of Appendix A of the Code of Ordinances, provided, however, that such improvements shall include the improvement of Bonnie Brae Street from 'its. intersection with Highway 77 to 'its intersection with Payne Drive. Such improvements shall be made in accordance with City standards and. shall be completed and approved prior to the acceptance of any public improvements in the parcels o£ 1and'to which this paragraph applies. 8. The first comprehensive plan submitted for approval o£ the di'strict shall include and show a plan for the rea.lignment' of Bonnie Brae Street where it intersects with Highway 77, .aNd provide for the cost of all needed traffic signilization ~br the proposed interaection of realigned Bonnie .Brae Street ar;d .the major east-west arterial street adjacent to.parcels A, B. and ' C. The approved plan shall be attached to or incorporated' in;' the comprehensive plan.so approved.. ' ' 9; All development contracts required to. be executed .in accordance with Appendix A of the Code of Ordinances /or the development o£. any parcel of land shall provide for the construction of sidewalks, meeting City specifications, along the southern and western .sides o£ all public streets to .be constructed or-improved within or adjacent to the district; "10. The first comprehensive. site plan submitted for~'apPr0va~'. , for'the,district shall be accompanied' by a plan providing for a cul-de-sac at the northern end of ~estgate Drive.where it abuts'.' the district. The development contract for the first parcel o£.' land or phase to be'.developed shall provide for construction, an completion of the required cul-de-sac in' accordance with. the plan thereo£ approved with the £irst comprehensive site plan. 11. Prior to the issuance o£ any building .perm'its' £~r' buildings in parcels C, D, E, or H, a six foot high .masonry fence shall be constructed along the respective borders of the parcel for which the building permit is sought, such fences to be' located as follows: the southern and western boundaries Parcel Ci the western boundary of Parcel D; .the southern, and..'I. western boundaries of Parcel El 'and the eastern, western and southern boundary of. Parcel H. ..$ECTIO~ IV .... 'That the approval of the district 'as·Provided fo~ ~herein shall not, and is not intended to, be deemed approval' of par.tl'cular land use in such district, but shall be construed. only to mean that those proposed land uses, as provided for... herein,.may be considered as possible appropriate uses for the district at the time·the comprehensive .site plan in submitted therefore, the approval thereof being based upon releva'nt .£actors which may include; but not be limited to: the time elapsed from the' effective date of this ordinance to the date 'the comprehensive site plan /or the diitrict is submittedl the number of proposed buildings or dwelling units .and proposed uses: the arrangement and design o~ the buildinss, streets. ~arking ~reas, utilities and ether development £eatures; and the proposed regulations to be applied to the district. Z-178'9/PAGE $ 15o -- SECTION V. .:'. -. That· the' development o~ t e p~perty shall be in substantial compliance with thi £inal comprehensive, site plan:hereaftei' approved and made a part hereof for all purposes and th~ regula-. tions, conditions,'and'provislons herein contained. The Zoning Map o£ the City.of-. Denton, Texas, adopted i'he.. 14th day of January, 1969, as an Appendix to-the Code of Ordinances .of -the City of Denton, Texas under Ordinance No.' 69-1,' as amegded,' is hereby amended to show such change..ln District Classification and Use subject to the'above conditions and speclf.ications. .. SECTION VI. -' That the City Codncil o£ the City of Denton, Texas, hereby' finds that such change is in .accordance.with a comprehensive. plan for the purpose of ffromoting the general welfare of the City of Denton, Te.xas,. and with .reasonable consideration, amoni other things for the .character of the .district and. for ~its. peculiar suitability or'. particular uses, and with a 'view to' conser¥ing'.the .value 'of the buildings, protecting human..lives; and encouraging the :most appropriate uses of land f~r tho'- 'maximum benefit to the City of Denton, Texas,land its citizens. SECTION VII. Any person who shall violate a'provision of this Ordinances'. or. £ails to comply therewith or with any .of' the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of .a misdemeanor punishable by a fine not-exceeding. One Thousand Dollars ($1,000.00). Each such person shall .be. deemed gu.ilty of a separate offense for each and ·every·day or portion thereof during which any.violation.of this ordinance.is · committed, . or . continued',' and upon conviction of any such' Violations such person shall be punished within the limits above.. · SECTION VIII. That this ordinance shall become effective f'ourteen (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 newspaper of the City;of Denton, Texas, within'ten (10) days of. the date of its passage. ATTEST:. . CHA~[OTTE'ALLEK;, CITY SECRETARY CITY OF DENTON, TEXAS' APPROVED AS TO' LEGAL FORK: DEBRAADAMI DRAYO¥ITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PASSED AND APPROVED this the o~/)day of '~'ff..~. : . CITY ~F DENTON, TEXAS Z=1789/PAGE 4 19. · w~ue ou~vey, ~o~racc ~umoer ~vl and the Fo ~atson Survey, Abstract Number 43, Denton County, Texas and being a tract described in s ~uit · Cla~un Deed/Co Dillon F. Smith and Jdhh Linn Smith, recorded in Vol.u~'~ 808, page 393, Deed Records and parc of a tract described in e deed Dillon F.. and John Linn Smith, recorded in. Volume 608, page 3g~, Deed' Records, part of a tract to Dillon'F. Smith, Trustee, recorded in Volume 608, page 396, Deed Records, and parc of a tract to~ohn Llnn' Smith and l}lllon Fraficis Smith, re-ce~ded in Volume 512~ page 573, part of a tract Co Frank ~. Head, recorded in Volume 660, page 728, Deed Records and being more particularly described as follows: Beginning ac a fence corner post at the northwest corner of the tract described in Volume 608, page 393, Deed Recordsl Thence North '89 degrees &5 minutes 35 seconds East with a 'fence 1902.32 feet to an iron pin found in the 8roundI Thence North'O0 degrees 19 minutes 25 seconds East.759.4§ feet to an' iron pin found in the ground on the south right-of-way of U.S. Highway Thence South 58 degrees 58 minutes 17 seconds East with the south line of said U.S. Highway 77, 69t.30 fee~ to a fence corner post; Thence South t5 degrees ~ minutes Ot seconds East 82.39 ~eet to a fence corner posC~ Thence South 26 degrees O1 minutes ~g seconds Ess{ with the ~est line of Bonnie Brae 378.32 feet to a fence corner postl Thence North 89 degrees t5 minutes 35 seconds East 32.t0 feet to an' iron pin set in the center of Bonnie Brae, said corner being the northeast corner of said Volume 608, page 393~ Thence South O0 degrees i9 minutes 28 seconds ~eat with said east line· 1902.59 feet to an iron pin set in the ground~ Thence South 89 degrees 56 minutes 37 seconds ~est with a fence part of the way 987.40 feet to an iron pin set in the ground; Thence SOuth O0 degrees 13 minutes 25 seconds ~est a distance of 1664.98 feet to an iron pin set eta point in the south.line the tract described in Volume 608, page 396 and in the north line of tract described in Volume 512, page 573, Deed Recordsl Thence. South 89'degrees 30 minutes ~1 seconds East with said south line 61.16 feet to an iron pin set in the ground ac the northwest corner of the e~cepted tract described in Volu~e 512, page 573, Deed Records~ Thence South O0 degrees 48 minutes 12 seconds West ~rlth the west line of said excepted trac[ 237.62 feet to an iron pin set in the ground at its southwest cornerl Thence South 89 degrees ll minutes 59 seconds East with a fence on the south line of said excepted tract 900,O feet to a fence corner post at the southeast corner of the excepted tractl .'Thence ~orth.O0 degrees t8 minutes O1 seconds Eas~ with a fence on the east line of the excepted tract 212.52 feet to a fence corner postl Thence South 89 degrees 31 minutes 20 seconds East a distance of 23.67' , feet to an iron .pin set in the east line of said l?ade Survey~ Thence South OO degrees 19 minutes 29 seconds ~est with the east line of the ~ade Survey 916.79 feet to an iron pin set in the §round~ · Thence North 89 degrees ~9 minutes.Il seconds l?est with a fence par[ :' of the way 2720.22 feet to an iron pin found in the center of Payne "'" Road~ ' Thence North OO degrees 05 minu~es ~est wi~h the center line of PaYne · Road 2908.45 feet ~o an iron pin found~ Thence ~orth 00 degrees ~t'minutes 66.seconds-~est a dis~ance of".' 1368.13 feec to the Point. of Beginning' and containing 239.174 acres of 20. ENCLOSURE 4 Z-99-061 R (Smith Tract, PD-115) NORTH ZONING MAP Agenda Date: December 15, 1999 Scale: None 22. ENCLOSURE 5 Z-99-061 R (Smith Tract, PD-115) NORTH I I DENTON MOBILITY PLAN MAP ....... Primary Major Arterials ....... Secondary Major Arterials Agenda Date: December 15, 1999 Scale: None 23. ENCLOSURE 6 Z-99-061 R (Smith Tract, PD-115) NORTH SITE UTILITY MAP · Hydrants .... Water Line (W. L.) .... Sewer Line (S. L.) Elec. Lines Agenda Date: December 15, 1999~ Scale: None 24. ENCLOSURE 7 Z-99-061 R (Smith Tract, PD-115) NORTH 200-500 FOOT NOTICE MAP Agenda Date: December 15, 1999 Scale: None 25. ENCLOSURE 9 Regional Mixed Use Centers Neighborhood Centers ! I I / Developed Areas of FloodPlain Existing Neighborhoods/ Infill Compatibility 30. ENCLOSURE 10 Z-99-061 R (Smith Tract, PD-115) NORTH 1988 DENTON DEVELOPMENT PLAN MAP Agenda Date: December 15, 1999 Scale: None 31. ENCLOSURE DENSITY COMPARISON (BETWEEN THE SMITH TRACT AND SURROUNDING NEIGHBORHOODS) Z-99-061R (SMITH TRACT) Subdivision Acreage Units Density (Units/acre) Westgate Park Addition* 3130 45 1.42 units per acre Westgate Hills North 29.832 114 3.82 units per acre Windsor Ridge 25.361 139 5.48 units per acre Westgate Heights 43.411 173 3.99 units per acre Greenway Club Estates** 33,153 127 3.83 units per acre Total Surrounding Neighborhoods 163.457 597 3.65 units per acre Smith Tract*** 173.43 549 3.17 units per acre Includes '10 lots along Westgate (approximately '10.29 acres) which were not part of the original Westgate Addition. Includes 74 townhouse units. Excludes the "Urban Area" identified in the 1988 DDP (which is similar to the Regional Activity Center identified in the proposed Master Plan). 32. E ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86- 101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230.287 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-061R) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Intermandeeo, Inc. has applied for an amendment to the concept plan for Planned Development 115 (PD-115) containing 228.911 acres of land; and WHEREAS, on December 15, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WHEREAS, the City Council finds that the new concept plan will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance 86-101, providing approval for the rezoning of 239.17 acres to Planned Develol~ment 115 (PD-115) zoning district and the original concept plan for said district, is amended by the approval of a new Concept plan, for 228.911 acres of land, attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, subject to the following conditions: That development regUlations and standards are as identified in Exhibit C Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION 2. That the provisions of this ordinance, including Exhibit B shall govern and control over any conflicting provisions of Ordinance 86-101, but all provisions of ordinance 86-101 as they apply to the remaining portion of the PD-115 zoning district land use regulations not herein amended, shall continue in full force and effect. 33. SECTION 3. That a copy of this ordinance shall be attached to Ordinance 86-101 showing the amendment herein approved. SECTION 4. 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 5. That this ordinance shall become effective fourteen (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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ., 1999. : JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3 4. Page 2 EXHIBIT B PD IAI Pamel C SF-5 20.69 ac. 8.55~ ac, ircbl Ll(c) MF-1 11.43 ac. Parcel A Commertcal/ 23.38 ac. Parcel D SF-7 18.93 ac. Parcel E SF-5 12.07 ac. Parcel F SF-7 103.94 ac. Parcel J ~'/~'"' SCHOOL/PARK ~/ "/ 18.22 ac.// <, '"\ SF-10 N 89'51~29' w 2727.74' A A SMITH TRACT A A DECEMBER 3, lggg · Proposed Zoning Plan 35. EXHIBIT C THE SMITH TRACT PLANNED DEVELOPMENT DISTRICT PD #115 DENTON, TEXAS INTRODUCTION This Planned Development District located between Bonnie Brae Road and Westgate Road, south of Highway 77 in Northeast Denton is the result of land planning for a mixed-use meeting the mutual goals of the City of Denton, surrounding landowners and developer. Land Use Plan The land use plan falls within the guidelines of the current comprehensive plan and follows the proposed density model and planning goals for the new Denton Comprehensive Plan 1999-2000 prepared by City staff. Commercial District The Commercial District is set up to encourage traditional town planning for historic Texas towns which havotretail and office buildings at the front property line with pedestrian oriented sidewalks and parallel parking in front of thc buildings. Large parking lots would be encouraged, but not required to be placed behind the buildings. Street Infrastructure The street plan for the Smith Tract incorporates an East/West arterial across the northern part of the property, tying the 1-35 corridor to Bonnie Brae. There will be a North / South residential collector ruaning through the center of the property connecting a southern entrance on Bonnie Brae to the East / West collector. Parks [ Open Space This track of land has an open space park dedication requirement of 5.75 acres based on the number of single family and multi-family units. This district proposes three levels of parks and open space as follows. A. A 18.22 acre joint use public park / school site in the Southwest comer of the development will be dedicated. B. Open space of 4.91 acres between the commercial and residential land uses to be used as a visual focal point at the roadway convergence. Area to be maintained by Home Owner's Association. Level Two Private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods. These would be maintained by private Homeowners' Associations. Level Three The developer has committed to an 80' R.O.W. for a North / South residential collector. This PD shall follow the City of Denton Zoning Ordinance in effect August 15, 1999, Chapter 35. All of the land uses in the PD use base zoning out of this ordinance and as amended as follows: X:~99 PROJECTS199076-Smith TractlCorrespondence19076PD12-4-99.doc 36. Page 1 PARCEL A -Commereial Office Gross Acreage: Public Dedicated R.O.W. Net Buildable Area: Maximum FAR: Maximum Dwelling Units: Maximum Height Restriction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Landscape Buffer: Minimum Front Yard Setback: M!~!mum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 23.38 ac. · 3.93 ac. 19.45 ac. 2:1 0 2 stories 50' N/A per ordinance per ordinance per ordinance ; 0 feet in traditional town concept; per ordinance in any other concept. 0 feet in traditional town concept; per ordinance in any other concept. 10' 1. 2. All trash enclosures and service areas must be screened with fencing or live hedge. There shall be a 6' masonry wall built between office/commercial uses and single family. · See Appendix Exhibit A Minimum Amenity Package: N/A Other Notes: · Commercial, retail and office uses are encouraged to be built to the front property line with parking lots behind and parallel street parking encouraged as in a central business district model following traditional town patterns. · Developer will provide architectural elevations for detail plan review. X.'~99 PROJECTS~9076-Smith TractlCorrespondence19076PD12-4-99.doc 37. Page 2 PARCEL B - MF-1 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Permitted: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: Other Notes: 11.43 ac. · 0.5 ac. 10.93 ac. per ordinance per ordinance per ordinance per ordinance 200 per ordinance per ordinance per ordinance per ordinance 5' in traditional town concept; per ordinance in any other concept 10' per ordinance Security fencing of complex shall not be permitted. N/A Front yard set back of 5' to encourage traditional small town downtown model. Developer will provide architectural elevations for detail plan review. X:199 PROJECTSI99076-Smith TractlCorrespondence19076PD12-4-99.doc 38. Page 3 Parcel C AND E - SF - 5 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Dqoth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: 20.69 ac. 5.7 ac. 14.99 ac. 45' 95' 5000 s.f. 40% Parcel C: 106 lots Parcel E: 59 lots 2 ½ stories or 36' 1600 s.f. 2 car garage pocket parks 25' 10' and 0' or 5' + 5' per ordinance 1. 12.07 ac. 2.62 ac. 9.45 ac. Masonry walls required where houses back to streets. See Appendix "Exhibit A". 1. Pocket parks in all three tracts - acreage as follows: Parcel C: .732 ac; and Parcel E: .39 ac. Pocket parks to be maintained by a Home Owners' Association. 2. Two 3" caliper, 65-gallon trees planted between the curb and sidewalk on each lot. 3. 80% masonry on structure as defined as net of windows and door openings~ X.'~99 PROJECTS199076-Smith Tract~CorrespondencelgO76PD12-4-99.doc 39. Page 4 PARCEL D- SF-7 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimtlm Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: MinimUm Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: Other Notes: 18.93 ac. 5.65 ac. 13.28 ac. per ordinance per ordinance 7000 s.f. per ordinance Pared D: 54 per ordinance '" per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Builder detail wood fence t° be consistent along south property line of parcel D. See Appendix "Exhibit B". Pocket parks as desired less than 5 ac. To be maintained by a Home Owners' Association. X:199 PROJECTS199076-Smith TractICorrespondencelgO76PD12-4-99.doc 40. Page 5 PARCEL F- SF-7 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Resection: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: ' Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: Other Notes: 103.94 ac. 25.49 ac. 78.45 ac. per ordinance per ordinance 7000 s.f. per ordinance Parcel F: 390 per ordinance '" per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Wood fencing along east and north property line of Tract F adjacent to off-site neighbors shah be a builder required detail of a consistent design along property line. See Appendix, "Exhibit B'. Pocket parks as desired less than 5 ac. To be maintained by a Home Owners' Association. X:~99 PROJECT3~99076-Smith Tract~Corre~pondence~9076PD12-4-99 Page 6 PARCEL G- SF-10 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Other Notes: 8.24 ac. 1.47 ac. 6.77 ac. per ordinance per ordinance 10,000 s.f. per ordinance 25 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance X.'199 PROJECTS199076-Smith TractlCorrespondence19076PD12-4-99.doc 42. Page 7 PARCEL H - SF-16 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minlruum Square Footage in Dwelling Unit: Ingress/Egress: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Other Notes: 8.55 ac. 1.47 ac. 7.08 ac. per ord'mance per ordinance 16,000 s.f. per ordinance 17 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance X. q99 PROJEC-33199076-$mith Tract~Correspondence19076PD12-4-99.doc 43. Page 8 pARCEL J - School / Park Gross Acreage: Public Dedicated R.O.W. Net Buildable Area: Maximum FAR: Maximum DWelling Units: Maximum Height Restriction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minlmtlm Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 18.22 1.07 17.15 per ordinance N/A per ordinance N/A per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Minimum Amenity Package: N/A Other Notes: School / park site is to be 18.22 ac., overall site. The Denton Independent School District (DISD) will acquire ownership of the dedicated site. IfDISD ownership does not occur within 2 years of the approved zoning plan, the dedication will revert back to its original SF-16 and SF-7 zoning classification, at the discretion of the developer. X:199 PROJECTSI99076..Smith TractlCorrespondencelgO}6PD12..4-99.doc 44. Page 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTACHMENT 2 MR. ENGELBRECHT: At this time, I will reconvene the Planning and Zoning Commission and we will continue with our Agenda. In the eventsomeone came in during the break, I just want to let you know that this evening we will not be hearing, due to the moratorium, Agenda Items No. 4, No. 8, No. 9, and No. 14. In addition, No. 10 was moved up on the Agenda and postponed until January the 12th, as was -- or continued to January the 12th, as was Agenda Item No. 5 also continued to the 12th and No. 13, as well, was continued to our next regularly scheduled meeting, January the 12th. Okay. Having said that, we'll move onto the next Agenda item that we're Scheduled to hear this evening which is No. 11, which is to hold a public hearing and consider making a recommendation to the city Council regarding amending the concept plan for a Planned Development, PD-115, encompassing approximately 231 acres. The property is generally located north of WindSor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development including single-family and multi-family residential, open space, a school site, and commercial use. At this time, I'll open the public hearing and ask Mr. Reichhart to provide us with the staff report. Sir. MR. REICHHART: Thank you. We are looking at 45. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a parcel of approximately 230 acres in the northwest quadrant of the City. I'm sure everybody's familiar With a little bit of the history of this case. It was October 13th that the Commission recommended approval of a project very similar to this. There's been a few changes. I'll go into those in a moment. Then on November 2nd, the concept plan went to City Council. At that time, additional letters of opposition were handed to staff just before the public hearing started. It was calculated that there was 20 percent opposition. City Council went on to recommend approval with some conditions and that was approved with a 4-2 vote. But because of the 20 percent opposition, it required a suPer-majority vote. Subsequent to the public hearing -- so the motion failed, basically. Subsequent to the public hearing, we were reviewing the opposition that we received that night and noticed that, in essence, it was for the detailed plan and not for the concept plan. Thereby, there wasn't 20 percent opposition in effect for the concept plan. And City staff, the Legal Department interpreted that that would constitute an approval and the concept plan was, in fact, approved. City Council had a special called meeting and, in essence, they didn't want to -- to the residents who left the meeting thinking that, not necessarily the case was defeated but it wasn't approved or wasn't going 46. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 to go forward, they didn't want it to seem like, all of a sudden, behind closed doors, now it's going to go forward. And they asked the applicant to go back through the public hearing process again and basically start over. No opposition, re-advertise. We had a neighborhood meeting this past Monday and let's start clean and recalculate the opposition. As I mentioned, we did re-advertise. We sent out new notices. To date we have received six letters regarding the concept plan. Three are in favor, two are opposed, and one is neutral. It doesn't -- I would calculate it right now, we're at five percent. From the neighborhood meeting, I know we're going to'be getting in more letters. I'm assuming we are. We are well below 20 percent right now. I have copies of the backup and the letters that have come. At the neighborhood meeting, I think the opposition or concerns are very similar to what were expressed on the original concept plan that came before this Commission in that we are still -- I think the neighbors are still looking for some larger lots in the subdivision, more 16,000, more 10,000 square foot lots, and then less 5,000 and 7,000 square foot lots. These two plans -- if you could zoom out I'd appreciate it. Thank you. The plan on the left represents the existing concept plan that is in affect 47. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 right now. The plan on the left is the revised concept plan. What has changed on the plan that we now have before us tonight, is that this Parcel D was originally 5,000 square foot lots. It has now been converted to 7,000 square foot lots. It was a reduction of ten lots overall. And what we have here, the colors correspond to similar uses. The old plan, this was all office and retail. The reduction in office and retail of 64 acres, plus or minus. Multi-family areas, different locations but approximately the same size, 200 units. The old plan had multi-family restricted. The new plan does not. This is the amount of 5,000 square foot lots, the area. We have two areas now. I believe, that was a -- there is an increase of 21 more SF-5 lots over the previous plan. The SF-7 is represented in the yellow. There's a large amount of SF-7, 289 lots additional in the new plan. The amount of the purple represents 10,000 square foot lots. It's a reduction of 68 lots in the new plan. And then the SF-16s is a reduction of 17 lots between the two plans. We also conducted some density analysis. And I should point out on page 4 of the staff report, the last paragraph which summarizes the totals, in actuality, the new plan has a decrease of about 33 lots over the -- total units over the old plan instead of an increase. There's a math error there. But we conducted a variety of studies 48. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7.4 25 and analyses. I should point out that although the Comprehensive Plan has been approved, we still reviewed this a little bit based on some of the old plans that were in effect while this was going through the original process. The gray area on this plan represents the urban center as identified in the 1988 Denton Development Plan and the majority -- what that represented was that was where the higher intensity uses should occur and tha~'~ is where they do occur, on the northern portion of the site. And now this is a blow-up from the Land Use Plan from the Comprehensive Plan that's been approved and the purple area identifies the areas again that shOUld be higher activities, more dense and it does correspond with what is being proposed. A number of questions came out of the neighborhood meeting as how do we calculate density. How can an area that has so much more SF-7 lots be less dense than the previous plan? And, hopefully, this will be a little bit more clear. The oVerall -- and this is a blow-up of the detailed plan that we will be seeing next. And if you calculate all the multi-family, all the single-family, all the residential uses on this site over th~ ~ntir~ ~re~g~, the ~re~ th~'~ iden~i£i¢~ woul~ Dc 4.16 units per acre. It's the number of units divided by 49. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 Z4 25 the acreage. You get 4.16. The previous plan for a comparison, and you can see it was scrunched up in a smaller area, so it had just a few more units, 898 units, but it was on less acreage at 153 acres. So that was a 5.9 units per acre. So the amount of people or units you have in that area on the old plan was a lot more dense because it was in a smaller area. The comparisons that we also did were based on the '88 Plan. The straight line coming across identifie~ where that boundary was. If you factor out these two multi-family and SF-5s that were in that higher density area, we're at 3.23 units per acre. And now based on the Comprehensive Plan, if you do the --come across and do the diagonal that the Comprehensive Plan indicates, the remaining acreage is at 3.15 units per acre. It's a simple math equation. acreage. Add up the units, divide by the In essence, what both the '88 Plan and the new Comprehensive Plan indicates to staff is that the proposed concept plan, as we see the detailed plan 'future, is in compliance with both of those plans in what's being presented. I think, as I mentioned, the changes over the last plan that we've seen, there are basically two as opposed to SF-5, and that the applicant has proposed 80 50. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 percent brick on all residential structures. And that will become part of the ordinance. In the backup, you. have the Planned Development district, PD Standards, that will become part of the ordinance if this goes further. At the neighborhood meeting, i think a couple concerns came up that I think we can address. One was construction vehicles and how they enter the site as we go forward. And we can tie this to either probably, maybe the detailed plan a little bit more or even the concept plan. The concern was that the construction vehicles would come up through the neighborhood of Westgate Drive as opposed to using Bonnie Brae, which is probably better suited for more of the traffic. And I think one of the last tie-ins as this gets phased will be to Westgate. So the natural progression is going to be from Bonnie Brae into this site. And I think just from the phasing, that will be taken care of, but it could also become a condition of approval. And another concern was the proposed fence that is going to be constructed along this boundary, specifically in this area. The owners of that property raise longhorns and they're concerned about safety and those animals getting out. And they would like to see, as soon as this area is develop~, tha~ ~a~ £~n~ing ~ installed as quickly as possible and not be left as one of 51. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the last things installed in that area, but maybe one of the earlier things installed. With the proposed development being in compliance with the Comprehension Plan and then, again, with the added design controls associated with the PD, staff is recommending approval of Z-99-061. We've given it the designation "R" just to signify the difference between the original plan, with the following two conditions: that development regulations and standards ~e attached to the ordinance, and then that non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project, upward to prevent the diffusion into the night sky. That's our standard lighting and residential lighting condition. And, again, the other two that we recommend consideration of is the construction vehicle entrances and the fencing along the parameter boundary and when that should be constructed. Be happy to answer any questions. MR. ENGELBRECHT: CommisSioners, questions? I have one. You mentioned the construction vehicles and the fence. What about the condition of the brick that was being proposed? Would that be handled by number one? MR. REICHHART; Yes. MR. ENGELBRECHT: Okay. 52. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. REICHHART: It's in the standards and it would become part of the ordinance. MR. ENGELBRECHT: All right. Any others questions, Commissioners? I have a question of the Commissioners. I switched Agendas when we started and I had a note on my old one and I forgot to bring it up. I had considered asking you about hearing both of these at one time. In other words, we could go ahead and get the staff report now for the next Agenda item, which is the detailed plan for this same property, a smaller portion of it. And then we would open it up for public hearing, get the comments, and then we could close that. We could come back. We would vote Separately on them but we could get all the public input at one time. All right? Okay. Mr. Reichhart, if you could, at this time I'm going to open -- let me read this Agenda item and then I'll open the public hearing. Agenda Item No. ~Z is to hold a public hearing and consider making a recommendation to city Council regarding a detailed plan for Planned DevelOpment 115 encompassing approximately 194 acres. The property is generally located north of windsor Road between Bonnie Brae and Westgate. The detailed plan includes open space and single-family residential u~¢. At ~hi~ tim~ I'll open the public hearing for that Agenda item and ask Mr. 53. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O .21 22 23 24 25 Reichhart to provide us with the staff report for that. MR. REICHHART: Thank you. The one area that I forgot to mention on the concept plan, it shows on the detailed plan,.too, the school site is still incorporated in this and that site hasn't changed. In essence, the detailed plan is the single-family portion of the development. And it is in compliance with the Comprehensive Plan and staff would recommend approval of the detailed plan, also. We have gotten four responses to the detailed plan. Two are opposed, two are in favor. One of the letters of opposition had some conditions that needed to be incorporated into the John Smith Plan Development Project. I can either pass those out or read them and then pass them out. You already have those? All t~e letters weren't in your backup that we've gotten since then. MR. MCNEILL: Two opposed and two in favor you said? MR. REICHHART: Correct. around for your review. MR. ENGELBRECHT: MR. REICHHART: be happy to answer any qu~tion~. MR. ENGELBRECHT: Mr. Moreno. And those are coming Do you have any other -- Nothing else to offer and I'll 54. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. MORENO: Yes, sir. Mr. Reichhart, if I could backtrack to Agenda Item ~ for just a second. You referred to the tables, I think, or the discussion on page.4 and I think I heard you say that there was a decrease of 33 lots. Is that correct? MR. REICHHART: Right. The original concept plan had more units than the proposed concept plan. MR. MORENO: So we're decreasing it 33 lots from the original concept plan that has been in place fo~'. many, many years, not from the concept plan that was recommended -- MR. REICHHART: Correct. Not from the last one that we saw. The last one that was recommended for approval, there was a ten unit decrease in that. MR. MORENO: A ten unit. Okay. Thank ~ou. MR. ENGELBRECHT: Other questions at this time? It would appear not. Thank you, Mr. Reichhart. Is the petitioner or petitioner's representative present? MR. EMPASTADO: Good evening. MR. ENGELBRECHT: Good evening. If you would give us your name and address for the record and, as well go ahead and provide what reports you would like to provide for both the concept plan and the detailed plan. MR. EMPASTADO; Sure. My name is Chip Empastado. I'm with MESA Design Group, 3100 McKinnon 55. 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 25 Avenue, Suite 905, Dallas, Texas. We represent the developer who is trying to develop this property. I think Mr. Reichhart has done a pretty good job of giving you a summary of what's gone on since the last time we've seen all of you. The history, what happened at council, and why we're back here now. One of the changes that Larry mentioned to you was the change from SF-5 to SF-7 in what is now Parcel D. And I think he also mentioned that there was a decrease there of ten lots. He also mentioned the city meeting that was held Monday night and he did pass on a few of the comments, although I believe he just handed out to you some conditions that were received with one of the letters of opposition that we have not seen yet. So if you have any questions concerning that, we're going to need ~ copy of it. We have proposed 80 percent brick on all the houses in the development now, both SF-5, SF-7, SF-iO, and SF-16. As far as the comment about the fence along the phasing here, it's standard practice with the developer that the fences behind the lots are built at the time that the house is built by the builder. So as the lots are sold and the homes built, the fence will then be built. I£ the entire seGtion of Phase 1~ which we really don't have defined just yet, doesn't encompass the entire 56. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 ~.4 25 property where the longhorns are, at the completion of Phase 1, we will go ahead and wrap the fence around to. make sure that it is covered if Phase 1 doesn't include all of that. And the construction traffic, Mr. Reichhart was right to assume that we will be building out from the Bonnie Brae side and then it only really makes sense to bring our construction traffic in off that side. I really don't see any need to bring traffic in from Westgate. I-'_ think with that in mind, the plan hasn't changed too much else. I'd like to just open it up for questions and also I'm sure some of the neighbors have some comments to make. MR. ENGELBRECHT: CommiSsioners, do you have any questions at this time? I see you were just handed a -- right. suspect, I'm sure there will be comment on that, i during the public hearing. MR. EMPASTADO: I'm sure there will. We'll review it while some of the neighbors are speaking. MR. ENGELBRECHT: All right. Commissioners, any other questions? Appear not. Thank you. MR. EMPASTADO: Great. Thank you. MR. ENGELBRECHT: I do have some cards of individuals who are indicating support and opposition but who did not wish t~ ~pca~. I will r~view those cards and those individuals after we've gone through the speaking 57. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 Z4 25 phase. So is there anyone present who would like to speak in favor of this petition? Anyone present to speak in favor of the petition for either the Agen4a Item No. ~X or No. ~z which is the concept plan or the detailed plan? In that case, I do have three cards indicating support but did not wish to speak; John Smith, 3309 Bonnie Brae; Earla Smith, 3604 Lynnwood, Arlington; Dillon Smith, 3604 Lynnwood, Arlington. The comment: recommended approval on both items. This will be a great enhancement to the north side of the City of Denton. Okay. Is there anyone present who would like to speak in opposition? And I do have a number of cards. I'll go through those first and then if there are others, please come forward. Bonnie Lampin. And if you would please give us your name and address for the record. MS. LAMPIN: My name is Bonnie Lampin. Our address is 3316 Darby Lane. We're not within the 200 so we don't -- or I don't feel like I have representation, but we're in the 500. That's my backyard right there. And this is the first time that I've spoken and I'm sorry, I really don't know how this goes, but I'm just going to go ahead and say -- we've been at almost every one of the Planning and zoning meetings and everything that is held within a time range wh~r~ our jobs would allow us to go to. We are against the plan. 58. 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I realize that the gentlemen are bending over backwards to try to service all of our needs, but we moved here about four years ago and we moved out -- first, I moved out of Arlington, Texas because of the problem that I fear is happening right now. Instant ghettos were built on top of us in Arlington. I don't know if any of you have been through Arlington lately, but they are just packed on top of each other. They're not prepared for the roads, the houses. It was horrible. So we moved out moved to Fort Worth. And then we didn't like being all clumped together in Fort Worth. So we were going to college here at UNT and we said, you know what, let's move on to Denton. We love the town. We Went to college here. And the big open wide spaces, we just loved the city. So we moved to Denton. And not only that, we move over into this older neighborhood that -- we didn't move to the newer homes that we could have bought that are being built on top of each other. We bought an older home. It's our first home. And if our resale value goes down on this first home, we're in trouble because it is our first home. We are in big problem if our resale value plummets like I fear that it will, like it did happen to my family in Arlington. Luckily, that was my dad's house and he had the brains to get out quick enough before it all happened. 59. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But I'm afraid that that's going to happen to us here. Also, besides the wide open area, we love our walking neighborhood. We love the friendliness of Denton. And we could have moved to Lewisville. We could have moved to Dallas, Fort Worth, anywhere, but we both drive to our jobs and live in Denton. And we love it and we would love to stay here. We're very afraid, though, and I'm afraid it's a little too late now that I'm finally standing up. I've been out back in the shadows back th~e just getting so angry about everything but, finally, I want everything to hear, a little too little too late, but we don't want our property values to go down. We love where we live. We want to keep it. I realize they have the 16s buffering us now but it would be wonderful if we could go back to the -- I don't know where this plan is. The neighbors just talk. And there were two different layers of 16s and then it gradually went back from there. And that would be wonderful if we could do that and buffer and keep our neighborhood our wOnderful walking large-lotted neighborhood as it is. And I guess that's all I have to say. We love our neighborhood and we would love to stay here. But I'm getting a bad taste in my mouth about all this red tape, I'm afraid, and all the problems that 60. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 we have. And I write my little cards and I keep giving it to you and I realize that -- it shocked me when you just said that you've only had four of the letters received. So I'm going to go knocking on my neighbors' doors and say, what are you doing, because we get together and We all talk and nobody wants this to happen. So I don't know who's not sending their letters in but, just as a community, I know no one wants this to happen. Way back in Arlington, Texas, I guess somebody owns rent houses, they want it to happen. MR. ENGELBRECHT: Commissioners, any questions? Thank you, Ms. Lampin. Sam McCombs. MR. MCCOMBS: My name is sam McCombs. I live at 2921 Fladger here in Denton. We're just west of the acreage in question here. Denton has been my home.' Denton is home. I've been here for my 70-some-odd years now. One of the objections that I have had for a long time are these housing developments coming into older, larger established neighborhoods. I recognize and we had discussed this a few years ago when the factory outlet mall came to town. A good friend, Bob Castleberry, at this time made the statement to all of us, he said, well, you know, at some point in time we are going to have to face these things. And he's absolutely correct. Som~ of the things have been good. Some of them I feel like could 61. 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have been greatly improved upon. But -- I guess my big objection is still the smaller residential areas or the smaller homes moving into the areas with the larger ones. But my big concern about this is we have a few people out there, like the young lady just mentioned a minute ago, this is a real nice place to walk. We've got people out there who can flat close down Westgate Drive while she's out walking her two dogs. Now then, my concern is, how is this going to be addressed when they-' start putting in a school out there with the additional traffic. I have been down Westgate Drive in the afternoon when Strickland lets out. You have the six-lane road down through there and when the school is out, you still can't get down that. Westgate is almost a two-lane roadway on its better days. And these are my comments and I thank you for letting me make them. MR. ENGELBRECHT: Commissioners, any questions? Thank you, Mr. McCombs. Joyce Poole. MS. POOLE: Good evening, Mr. Engelbrecht and members of the Board. My name is Joyce Poole. I live at 3021 North Bonnie Brae. I'm in the 500-foot notification area for this property. And tonight my comments are going to be addressing both the concept and the detailed plan so I'll have that up there. One of the things that a person learns when you are becoming active in a community and in 62. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 25 your neighborhood is that you can find yourself in a very strong emotional conflict about the issues around you. Saying that, I am here to speak, again, to the repeated concerns of the majority of the residents in the 200-foot area of this proposed development. Having stated these things many times, I've given you a handout tonight that you already have in front of you. You have a list there of the major conditions that have been consistently requested by this area throughout the entire process. Areas that are concerns addressing density, of the population in this area because of the roads, the traffic, and the safety that will be there. And just concerns for the changing of lifestyles, of people's investments and their properties at this time. I will quickly run through these and if'I run out of time at least you have them in front of you. We are asking, again, for less density based on the total number of units being built on, on the land that's being built on, not discounting the parks and the school lands that are not being built on, so your actual acreage being built on per number of homes being built on that land. We're asking that you go back to the original plan in that it provided a minimum of two rows of SF-16s and a minimum of two rows of SF--IOs, the rows that mirrored those on Westgate Drive in both frontage and 63. 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 size. Across on the west edge of Westgate, those are one-acre lots on an average of one or more being more .than one acre. This has been requested throughout the entire several meetings and hearings processes by many, many people. Tonight, we again ask that and define that a 90 percent fired brick on all structures in order to raise the bar. Almost all of the homes but one that surround this development are 100 percent brick. So we're askin~''. that as a part of our city that we raise the bar and expect to have nicer homes built. There will be no homes built over two stories in height. No streets narrower than 33-foot, Curb to curb. And I know that right-of-ways are different than curb to curb but we're defining it as that for now. Any alleys must be identified as a perpetual care clause in the Homeowners Association for this development. All parks under the size of which our City park will maintain, and I think that's five acres, are also to be identified in perpetual care clauses in the Homeowners Association, with some legal or technical or taxing issue, should the Homeowners Association go broke, defunct or some other way; there must be a taxing appropriation there. the newest plan that has been presented, we would like to 64. 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 further define in the conditions as fired brick masonry similar to that that surrounds the Westgate Park fencing that is existing around that upper neighborhood. We ask that multi-family units are limited to two-bedroom for at least 95 percent of the total units. So if they have a 200-unit apartment complex, that would make 190 units, that would be limited to two-bedroom and only the remaining units, then of ten, would be no more than three-bedroom units. Again, this lessens the density and. population. We are still concerned about that. No residential or multi-family would be built over any commercial buildings in the future. The construction site would have construction trash disposal containers, port-o-pottys, and daily cleanups of the sites throughout the construction with control of dirt and dust during the grading and earth-moving times. Roads that are damaged from any construction equipment and project development will be repaired thoroughly to pre-construction levels. These are only a partial list and I don't want the neighborhood to be limited to what these are identified, but these are ones that have been consistently spoken of and talked of at different meetings. I'm open to any questions. MR. ENGELBRECHT: Commi~ion~r~, any questions? 65. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. POOLE: Thank you very much for your time. MR. ENGELBRECHT: I do have one and that has to do with the multi-family, the two-bedroom issue. Was that based on what we generally see in terms of the mix of one, two, and three-bedroom units? MS. POOLE: Primarily, that is going back to the original time in 1986, as I understand the old plans, it was never conceived that there would be three and four-bedroom apartments back in those times so your density levels were automatically maintained at a lower rate. So if you have to put this in as a criteria now, that's the only way I know to conditionally maintain a lower density. MR. ENGELBRECHT: Okay. Your concern is for the three and four-bedroom unit that tend to be rented by the bedroom or -- MS. POOLE: Any other way. MR. ENGELBRECHT: -- even though that may not be in the contract. And my concern was sort of different in the sense that generally I think you'll see a little larger proportion of one-bedroom than -- MS. POOLE: And they can certainly do that. We just are trying to keep the opportunity for three and four-bedroom units being th~ whol~ ZOO-unit ~omplex. MR. ENGELBRECHT: Right. Okay. Thank you. 66. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 MS. POOLE: Thank you very much. MR. ENGELBRECHT: Maria Lewis. MS. LEWIS: Good evening. My name is Maria Lewis. And I go by Soleta. And my address is 3101 Westgate Drive and I live directly across the street from this property on the 200-foot easement. Just wanted to make a few points. Of course, I stand on everything that my neighbors have said before me. There's no need to repeat it. But I just wanted to make one comment in regards to the letters. I believe what happened was we were told that we were going to have a meeting on Monday, this Monday, so we all were waiting to hear this great news to see what the developer was going to bring to us about some changes or something. The developer didn't even come and so there was no changes made or anything. So I believe most of the neighbors were waiting to see what was going to happen before the letters were sent. But, like Mr. Reichhart said, the letters are coming. At the present time you only have a small amount, but I believe that everybody in Westgate is planning to respond to you. I just wanted to clarify that. And the other thing is, yes, I agree that some of the lots could be reduced in size and all that, but the ones that I'm moru interested in are the ones that are right next to me. I'm really not as much interested in 67. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the ones that are by Loop 288 as I am to the one that is across the street from my house. We do have one-acre lots and we would like to see one-acre lots directly across from us just like it is required in all other neighborhoOds, always a mirrOr image of what you have across the street from where you live. But it's not happening in our case with this developer. They have decided to give us the 16 lots, but it's only one little line of them. Like my other neighb~ mentioned, we would like to have at least two lines so that -- it's such a small difference between a one-acre lot to an SF-5 right in the next block, really and truly, because there's only going to be one line of SF-16 and one line of 10, then 7, 5s, and whatever. So what we would like to see is closer to our neighborhood, the bigger lots. That's what we're more concerned about at this point. And another thing that I would like to mention'is that none of the houses on Westgate have garages facing on the front. They all are on the side, so I would like to see that being one of the Conditions that no garages facing Westgate Drive, if it's possible. I'm not sure but if it is possible. And, also, the school site, yes, it's great to have a school site in the n¢ighborh9o~ but, lake they mentioned before, we know what happens on Windsor Drive 68. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because I worked at Strickland for several years and before that at Calhoun. So I know exactly what happens. And I also know that when you have an elementary school, the parent participation doubles that of a middle school and a high school. So that means that when you're going to have a band practice tonight or you're going to have a show or a play or whatever, you're going to have about 90 percent of the parents are going to show up. So we're not only going to have the morning and afternoon pickup time~"~ we're going to have it for every activity that goes on and so I really think the site is a very poor place to have it. Westgate is a two-lane street and it's not appropriate for a School drop-off zone. I would like to see the school in another part of the neighborhood, if it is possible. And that's all I have to say, if you have any questions of me. MR. ENGELBRECHT: Thank you, Ms. Lewis. MS. LEWIS: And I also would like to thank Mr. Reichhart and the developers for all they have done to work with us on this project. We really understand and we appreciate their help. Thank you. MR. ENGELBRECHT: Thank you. Anthony Abraham. MR. ABRAHAM: My name is Anthony Abraham. I'm at 2508 Coffey Drive. I am a new resident o£ Denton, Texas. I closed on my house on November 24th and I'm 69. 1 concerned -- I'm opposing both the concept and the 2 detailed plan because of concerns I have that have not 3 been answered. And one thing that I'm concerned about is 4 my house is one of the SF-10 lots that sits, basically, 5 right here. They are going to straighten out the natural 6 creek area. They're going to bring down a hill. They're 7 going to change that which nature created. My concerns 8 are that they might be creating stress on my lot causing 9 shifting of my home. Has studies been done? I've not 10 seen any studies or been told that there have been any 11 studies. Is this going to create part of my lot to be in 12 a flood zone that was not previously? Those are all 13 concerns of mine that have created my opposition. And 14 that also goes for the other lots that go across that. 15 Have they done an engineering study? To allow a de~eloper 16 to say we're going to do all this stuff is great in 17 concept, but what is reality? 18 Another concern of mine is -- and the school 19 being placed here, I have no problem with that. But a 20 concern is that there will be stadium-type lights.or 21 security lights that may shine on my property in the 22 evening hours, into my windows causing my property to be 23 not as enjoyable to me as it once was. 24 Traffic. Traffic seems to De m ~on~ern that 25 everyone seems to have. Any knowledge, especially when 70. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 there's a school site involved on Audrey, as well as over here on Westgate, but yet we don't hear any sort of plans for the city of an overall -- we understand that they recognize this. We've heard that from the staff the other evening at the meeting. However, there's not in the Budget, I guess, to extend Windsor through so the people can get through and traffic can flow properly. So, basically, I'm concerned that Planning and zoning has not looked into that which is part of the infrastructure of the city of Denton. I currently lived in Bryan-College Station for 15 years. The City of College Station was very focused and very strenuous On what they did. The City of Bryan was not. Therefore, the City of College Station went out on most occasions and most people moved to those cities. See, College Station was very focused on their neighborhoods. They created neighborhoods where there was larger homes which were a nucleus where they built around -- where as I see in the developments here in Denton, Texas that we have -- all developments have all levels of housing, instead of certain developments focusing on one area. And what has it had done for College Station? What has it done for Dallas? What has it done for other cities? It's made people proud to live in tho~e area~ because, not that smaller or larger houses should not be 71. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mixed together, but yet to have hodge-podge here and there create property values to shift and not to stand as strongly as they could overall over a period of years. So, therefore, my concern is that we're not looking at the whole picture. We're just looking at the moment. We're not looking into the future. On Exhibit C of the smith tract, the developer provides that the Homeowners Association will take under their wing the pocket parks. I am a property owner of a · lot of investment properties that have homeowners associations. Has anyone looked into this homeowners association? How is it written? It is structured so that it can be enforced? Because, basically, what do you do when it's not kept up and homeowners refuse to pay or don't pay their dues, you have a bankrupt homeowners association. What choice does the City have but to put liens on the property and take control of the property and basically it comes back on the City of Denton. So are these things going to be maintained? Has this been looked into? It's a great thing, again, by concept, but What is reality? And I want to be proud of where I live and I think Denton is a wonderful city. I chose the lot because of the area and I'd like to see that -- I'd li~e to see Denton look to the future, focus on the future knowing 72. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that it's going to grow. Everything is growing to the north. Everything is good and I don't want to see you sell Denton short. I think it's a great development and I know it's going to develop. I just want to see the best development go there. Thank you. MR. ENGELBRECHT: Commissioners, any questions? Thank you, Mr. Abraham. Appreciate it. I have no more cards with requests to speak. Is there anyone else who would like to speak in opposition to thi~ petition? Anyone else to speak in opposition to the petition? In that case, I do want to review a number of cards that I got from individuals who are indicating opposition but did not wish to speak. Sherry Darby, 2208 Crestmeadow with the following comments: conditions - limit multi-family to two stories, limit to two-bedroom units or less with 80 percent brick composition. This is from Bonnie and Alan Lampin, I believe Ms. Lampin already spoke. Jan Jenkins, 3221 Westgate Drive. We are still concerned about many aspects of the development. Okay. Since there was opposition, the petitioner has an opportunity for rebuttal. Do you care to make any remarks? MR. EMPASTADO: Thank you. I'll try and go over most of these condition~ that w~r~ ~rought up during here and the ones written here. I'm starting at the top 73. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 of the list. We're basing our density numbers off of traditional zoning practices and so is the city. As far as discounting park and school lands, these are part of the'community and definitely should be included in the zoning numbers. Two rows of SF-16s, we originally had in the first proposal that I think you saw way back when. It was the request of the neighborhood and I think general consent of the P&Z Commission that we have more gradual progression, so we did drop one of the SF-16 rows and add one SF-10 row, so it would be more of a gradual progression to the SF-7s on the other side. The area in our property along Westgate, even previouslY, had SF-16s there, which it still does now. And I guess just to reiterate a point that we've tried to say all along, SF-16 happens to be the zoning that these lots fall under, although most of the lots are larger than 18,000 square feet. These are quite substantial lots for an SF-16 zoning. The brick on the structures, the neighborhood came back to us and requested that we go above the city standard ordinance and go to 80 Percent, which we did. So we now exceed the City's standard of 80 percent brick. No buildings over two stories in height, I think that's fine. But I think we'd like to include 35 feet also and this 74. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9.4 25 goes back to a point that we made last time concerning the pitch on some roofs. In order to get a more attractive pitch on some of the roofs, it was originally written up as two-and-a-half stories which would fall under a 35-foot height. Our streets are per City ordinance right now. The Homeowners Association, the alleys must be identified to be cared for by the Homeowners Association. Typically, these are public right-of-way. will be public right-of-way. So, has not jurisdiction over that. In this instance, they really, the homeowners The small pocket parks, which we believe are great amenities to this development, there was a question about the care that would be involved with those. Although the Homeowners Association bylaws -- well, the Homeowners Association really isn't even in affect yet. It would need homeowners first. But this developer has had over ten years experience starting up homeowners association with other projects around the metroplex. And, as always, examples of these are available for anyone who would like to see them,. go visit them, or talk to members of those homeowners associations. We're completely fine with changing the word "masonry" to "fire brick masonry" on the walls. And I gues~ just to point out something as far as the multi-family tract goes, I don't believe the developer 75. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be opposed to that mix of bedrooms, but I would just like to reiterate that that multi-family tract is not included in this detailed plan and really I don't feel like we should go into it too much, negotiate much further. Right now, we're just talking about the zoning. Construction site trash disposal, I know the neighborhood has had problems repeatedly with other construction sites. I understand. I'm sure the developer will follow the city code. I'm not familiar personally with what construction codes are in the City but whatever it is, I'm sure the developer will be'more than happy to follow it. If any damage should occur to city property during construction, I'm sure the City would' be more than happy to point that out to the developer and request them to make any repairs necessary. There was a question about the property values in the neighborhood. Right now, the developer is proposing these homes be sold starting in the high $100s and mid $200s, which I think, in our professional opinion, would only cause larger lots and even surrounding similar-sized lots' property values to rise. There was mention about a walking neighborhood and we've kind of showed this in the past, and it's something that we're kind of proud of ourselves. We've tried very hard to ~ep this a walking neighborhood. The park, the school has 76. 1 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 requested access both to the back side and to the front side, this secondary collector that runs up and down. You know, we've tried to open up the park to be able to access as many homes and people as possible. That road that goes north/sOuth through your property, we've made it much wider and with homes facing the road so you don't have that wall channel look. MR. ENGELBRECHT: plan map? Do you have the detailed MR. EMPASTADO: The detailed plan is right Oh, that one. I have an old rendition of it. It here. has not been updated since the change to SF-7 on the Parcel D. MR. ENGELBRECHT: But it will show the general street layout and the school site and that sort of ~hing? MR. EMPASTAD0: Right. You can see with regards to the school site and the proposed park site down here, this very long curvular and attractive collector, we've opened it up to 80 feet to allow for really wide boulevards and tree plantings and sidewalks so that it is comfortable to walk down and people have easy access to the park area. Back to the list here. As far as the location of the school site, that was agreed upon with DISD and the main reason behind it, and if I'm correct in remembering 77. 1 2 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this, and if I'm wrong -- Mr. Parton was here earlier. I think he still is. Yeah, he's up there. He can correct me if I'm incorrect. But having the school site here not only serves the proposed Smith tract, .but allows greater service to surrounding neighbors. It's more friendly towards the entire area as opposed to just the Smith tract. There have been engineering studies done on that channel and we've gone to great lengths in talking with the City and with FEMA. Mr. Rod Zilkey is here if anybody has any specific questions. Maybe Rod could come up here and address the study that was done on that floodway. But that all was taken into effect and we have no intent on damaging anyone's property along that side. I think with. that in mind, I've tried to address all the comments that have come forward today. I'll open it up to any questions from you guys right now. MR. ENGELBRECHT: Commissioners. Ms. Gourdie. MS. GOURDIE: There was one question about driveway -- or garages facing Westgate -- MR. EMPASTADO: Right~ MS. GOURDIE: -- for the SF-16 homes. I didn't understand how you were going to address that. Is that an alleyway that goes to the back? I Couldn't tell. It kind of looked like they just baok=d up the SF-iO and the SF-16. 78. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EMPASTADO: Right. There's no alley that goes behind SF-16. SF-16 faces Westgate. MS. GOURDIE: So their drives and their garages will face -- MR. EMpASTADO: I'm not quite sure what the orientation of those homes and garages are going to be just yet. MR. ARTERBURN: I'm thinking that one tract, the SF-16 tract, the developer would be willing to do si~e entry garages. I know there's been a request from the neighborhood before. I don't know if that is feasible on the rest of the property. So we could make that one -- change in that one tract if you-all would like. MS. GOURDIE: Thank you. MR. EMPASTADO: MS. GOURDIE: higher authority. MR. ENGELBRECHT: From the higher authority. It's always nice to have a Mr. Rishel. MR. RISHEL: As you address the statement about the request for 33-foot curb to curb streets, you mentioned in your comments that it would meet City code. Would you just kind of review for me what your street sizing is as we look at these things just so we know where you meant City code? We know you're going to meet it. MR. EMPASTADO: Okay. I'll be more than happy 79. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to do it. Hopefully, I'm going to get it correct. Rod, do you perhaps know the exact dimensions on these? Are you familiar with those? MR. ZILKEY: I don't have it with me. MR. EMPASTADO: Okay. If I remember correctly, a 50-foot right-of-way which would be the smallest road in the development has a 31-foot curb to curb section. The 80-foot right-of-way which runs north/south -- gosh, I'm going to have to look maybe to possibly Mark here. 417 MR. DONALDSON: up. 44? Sounds right. I'm looking it MR. RISHEL: So what you're saying is the narrowest street that you'd have at this point in time represents curb to curb 31 foot. MR. EMPASTADO: That's correct. MR. RISHEL: Okay. Thank you. That was my question exactly. MR. DONALDSON: Collector, 44 feet it says here. That didn't have a collector designation though or did it? MR. EMPASTADO: The north/south? No, I don't believe it did. But I think we were oversizing it intentionally to try to get the wide boulevard look to it. I don't believe it's in the city of Denton's future road 80. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plan. I'm not quite sure what y'all really call that. MR. ENGELBRECHT: Other questions, Commissioners? Would you put up the colored rendition? Pull that one off. Yes, right there. And I can't recall from the other, the previous rendition, have you -- I know you've changed lot sizes, but did you change any of the streets? I'm particularly interested in the street that's on the far eastern edge. Come on in. Right there, that runs all the way north and south, runs up through there.''f MR. EMPASTADO: I don't recall that being changed. I could go through my backup here. MR. ENGELBRECHT: What interested me was didn't there,, and maybe there wasn't, Used to be a cut-through street that, in essence, took that long row of lots and broke it so that you could walk through to the rest of the neighborhood? MR. EMPASTADO: right here? MR. ENGELBRECHT: wasn't one in there before? MR. EMPASTADO: Are you referring to maybe Right. Exactly. Okay. I don't believe so. There No, not even when -- originally when the park was there, we didn't even had one there. MR. ENGELBRECHT~ Okay. But did that road access the park? I couldn't remember where the park was 81. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Row. MR. EMPASTADO: approximately right there. MR. ENGELBRECHT: MR. EMPASTADO: changed in shape at all. MR. ENGELBRECHT: Okay. No. The park sat Ail right. So this section really hasn't It just struck me that from a walking perspective, those were all short blocks and you could move around relatively easily in th~ one spot. My conception had been that there had always, from anywhere in there, it was a short distance. And it just seems, I guess, the middle of that is the only spot where you have to go a greater distance because you have to go all the way down and then go east -- go west in order to access the park over there. Okay. MR. EMPASTADO: I see your concern. A lot of the blocks that we have on this plan are much shorter than what you would consider a typical neighborhood block. MR. ENGELBRECHT: Right. MR. EMpASTADO: And that area prObably more resembles a typical neighborhood block. Mr. Moreno. MR. ENGELBRECHT: Okay. MR. MORENO: Yes, sir. Any other questions? Tell me again how wide that street is that goes along the school site. 82. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 9.4 25 MR. EMPASTADO: This one right here, sir? MR. MORENO: Yes, sir. MR. EMPASTADO: It's an 80-foot right-of-way. I believe it would have probably a 44-foot curb to curb. MR. MORENO: 44-footl And those dots along those, are those represented to be trees, street trees, I think is what Mr. Donaldson calls them. MR. EMPASTADO: I think the reason we're trying to graphically show that is to show that we are purposely enlarging that right-of-way. It's not necessary for that right-of-way to be anywhere near that large and with intent to have a green boulevard. MR. MORENO: You may have heard concerns earlier this evening about the neighborhood over on Audra and Mulkey Lane, about their street being too wide and that street encouraging traffic to go faster rather than slower. So how does a wide street encourage a walkable neighborhood is what I'm trying to get to. MR. EMPASTADO: Sure. Let me see if I can address that. First, let's talk about the speed of it. One of the concerns of the City was such a long road being uninterrupted might encourage speeders. The solution that we're proposing for that are traffic circles or, I think as the City calls them, traffic dampering d~vioes. And what it allows for is it allows a circle median and the 83. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 traffic to be forced to slow down and make a maneuver to go around it. And that device can be accomplished within this SO-foot right-of-way. MR. ARTERBURN: I think there's two places. I believe in our discussion with staff, there was one proposed. MR. ENGELBRECHT: Can you talk into the mike so that we can pick it up? MR. ARTERBURN: I'm sorry. I believe at our · discussion with staff, there was one proposed at this intersection and another one proposed up at this intersection. And the intent of this street, I believe we had 41 feet proposed t0 the staff before, and honestly the staff has been going through a lot of iterations on what the future street widths are going to be. And the intent of this is to have a 20-foot green space on the two sides of the street so there's virtually 20 feet before you hit the sidewalk, which gives it a very greenbelt sort of effect. We would be comfortable with a narrower street there and I think that that is possible because really this would be considered kind of a collector which would be a typical 60-foot type right-of-way and a narrower street than 44 feet. Our intent here was just to make it a little bit wider and I think some of that has been 84. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discussed with the staff and we're kind of looking to them for a little bit of direction on the exact street width. The intent there is to allow cars to be able to park on both sides and still have a fire truck get down the middle of it. So that's probably why the 41-foot width is -- 41 to 44 was kind of in the discussion. MR. MORENO: Okay. One other question. Tell me again who would be responsible for maintaining the alleyways after the development is built out. MR. EMPASTADO: Typically, that is a public right-of-way. MR. MORENO: Public right-of-way. So that would not be the homeowners' responsibility or the Homeowners Association' responsibility at all? MR. EMPASTADO: Correct. MR. ARTERBURN: In most municipalities that's how it works. I don't know how Denton is considering this to be in their sort of new planning standards, but I'm sure that will be worked out over the next several months. MR. MORENO: Mr. Donaldson, can you respond? MR. DONALDSON: We have alleyways in town that are public right-of-ways. MR. MORENO: Thanks. MI~. ENG~LDRECHT; Mr. Ri~hel. MR. RISHEL: What do you recommend? 85. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public. MR. DONALDSON: I would recommend that they be MR. ENGELBRECHT: I can tell you that engineering is looking at part of the new code, is requesting that those meet certain standards. And primarily one of the big issues is that they would handle trash trucks so that they could pick up trash from the rear. Okay. Yes, Mr. McNeill. MR. MCNEILL: In the Agenda Item 11, there's 230 acres and then we're talking about 195 in the detail plan, what are we leaving out? Which part are we leaving out? MR. EMPASTADO: The parts that we're leaving out in the detailed plan are the entire commercial tract and the multi-family tract. Okay. That's what I thought. So we're talking about just MR. MCNEILL: wanted to be sure of that. the single-family homes. MR. EMPASTADO: school and park site. MR. MCNEILL: That's correct. And the Right, right. Thank you. I MR. ARTERBURN: Well, the school and park site, I do not believe is part of the detailed plan. Isn't that correct, Mark? I mean, it'~ designated as a school/park site, but I believe that the school would have 86. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to come back in with the detailed plan later. MR. EMPASTADO: Yeah, that's true. MR. ENGELBRECHT: Any other questions, Commissioners? Mr. Rishel. MR. RISHEL: Thank you. With regard to the park situation, as you write your Homeowners Association document, what is the stipulation in that? When does the Homeowners Association lose its control from you as a developer to the neighborhood itself? At what point doe~ that occur? I mean, we have associations that are written up where if the developer still owns one lot, it's basically -- MR. ARTERBURN: Honestly, I don't know the answer to that but I know it's, you know, when the project is substantially sold out, typically. I'm not famiiiar with the specific language that they've used in theirs in the past, but it is the intent of the developer to maintain all the small pocket parks in an HOA. And that is already written into the PD. I'm sure that if the staff wanted to review the HOA agreement, which some cities do, I don't think they'd have a problem with that. MR. RISHEL: Let me ask staff. And is it our feeling with regard to parks that we would prefer parks under five acres not to be dedicated to the City and that they be, in fact, homeowners' domain? 87. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 MR. DONALDSON: Correct. MR. RISHEL: Okay. Thank you. MR. ENGELBRECHT: Other questions, Commissioners? Oh, while you're still there I have a question for staff and that had to do with the traffic calming devices. They are not a part of the detailed plan as I see them. What control does the city have, if this is approved as such, to require those if they aren't, in fact, on there? MR. DONALDSON: Well, we still have the platting process at which time the actual -- MR. ENGELBRECHT: Where we talk about the · traffic? MR. DONALDSON: And, in fact, in order to construct anything within the right-of-way, they would have to enter into an agreement with the City to use the right-of-way. So we would control whatever is constructed through that mechanism. MR. ARTERBURN: We like that idea. Actually, the staff brought it to our attention and we think it's kind of a cool idea. And we pretty much already analyzed that from an engineering standpoint and they're feasible and it's our intent to actually build those. MR. ENGELBRECHT: Well, again, it'~ ba~ ~o the issue of it's your intent, but the land could sell 88. 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tomorrow and we have another owner with other intentions. MR. ARTERBURN: Right. No, I understand. · The staff, you know, from our discussions with the Traffic Department and what have you, I believe the staff intends to have some sort of traffic calming devices and getting executed on the plan. I don't think I would worry about it at the detailed plan level, but Mark can address that. MR. ENGELBRECHT: Well, yes and no. Can the -- a plat could be filed without it. If the plat met al~ the requirements, we have to approve the plat. And there is, I don't see any control unless we simply state in here that traffic calming devices as defined by staff at the platting phase. MR. ARTERBURN: If y'all want to put that in as a condition, we're happy with it. MR. ENGELBRECHT: Ail right. Very fine. Very fine. Any other questions? Mr. Rishel. MR. RISHEL: I want to backup again, the lots that face Westgate and the garage facing on that, what was your statement on that again? MR. ARTERBURN: We're willing to put the lots in that Parcel H with the stipulation that the garages do not face Westgate, which I believe is the wishes of the homeowners on Westgate. MR. RISHEL: Do not face Westgate. Thank you 89. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very much. MR. ENGELBRECHT: Commissioners? Thank you. Any other questions, The public hearing is closed. Mr. Reichhart, do you have final staff remarks with regard to both the concept Plan and/or the detailed plan? MR. REICHHART: No further remarks. Staff recommends approval with the conditions as stated. MR. ENGELBRECHT: Ms. Gourdie. MS. GOURDIE: I need a clarification of street I was just curious looking at that very long lengths. road that you were talking about, the one furthest to the east. Does that qualify -- I mean, does that fit within our ordinances of a street length, continuous? Explain to me how it works. MR. REICHHART: I believe it would because there's an intersection here, here, here, and then up in here. So between these intersections, I believe the maximum distance is 1,800 feet -- 1,2007 1,200 feet. And I -- that's less than that. And that's considered an MS. GOURDIE: intersection, huh? MR. REICHHART: MS. GOURDIE: Yes. Okay. Thank you. MR. ENGELBRECHT: Yeah. That's one of tho~e issues that the 1,200-foot block is one of those things, 90. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but I don't believe that's 1,200 feet. That's not near as long as some we've seen. But that's one of those items that will come before reviewing the code rewrite. My concern on that particular one had been if there had been one more cut-through street, it was a super walkable area, particularly given that the park now has been moved to the south. You have to -- if you're going to walk to that park, you have to kind of negotiate around to get there. MR. RISHEL: We're just trying to encourage them to walk a little further. MR. ENGELBRECHT: We do a lot of that in this town. We do a lot of that. We like long blocks. MR. RISHEL: You'get more health this way. MR. ENGELBRECHT: All right. Are there any other questions for staff or any comments or a motion with regard to Agenda Item 11 which was the concept plan? We need to take it first. MR. RISHEL: I'd like to make a motion. MR. ENGELBRECHT: Mr. Rishel. MR. RISHEL: I'd like to move recommendation for approval of Z-99-061R with the following conditions: that the development regulations and standards be attached to the ordinance; and that non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential 91. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property or shine and project upward to prevent the diffusion into the night sky. MR. MCNEILL: Second. MR. ENGELBRECHT: It's been moved and seconded to recommend approval with conditions. Ms. Gourdie. MS. GOURDIE: I need clarification again, please. With what we had spoken about with Mr. Arterburn's opportunity to present us with garages that will not face -- is that all part of the detailed plan or~ is this part of this plan since we're making conditions here? MR. RISHEL: I thought that was a detailed plan thing. MS. GOURDIE: I just need clarification because I don't know what we're doing here. MR. RISHEL: And I anticipated that to be a detailed plan thing, that's why I did not include it. I wanted to include that, also. But I don't think it's -- MR. DONALDSON: Given that we're going to do both of them this evening, it probably doesn't make much difference. MR. RISHEL: Either one would be sufficient. Appreciate your comment. MS. GOURDIE: All right. Then I'll wait. Thank you. 92. 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MCNEILL: I have a question then. Ail we're voting on is this item that -- yeah, this. That's all we're voting on. Those particular parcels will be approved for those particular uses as listed there with these conditions. That's what I thought. Okay. MR. ENGELBRECHT: Any other discussion? If not, vote, please. Motion carries 5-0. Then with regard to Agenda Item 12 which was the detailed plan. And I would like to ask a question of~ staff. I wonder if you would review briefly what will be required on Westgate Drive with regard to assuming that there was construction whether they be one-acre lots or SF-16 lots and then in the event of the school being constructed there. And I realize those are two separate issues and I'd like to ask about the lots first because there was some questions about that. I'd just like to have that reiterated. MR. REICHHART: MR. ENGELBRECHT: terms of -- MR. REICHHART: MR. ENGELBRECHT: MR. REICHHART: As to what the final -- What will be required in Road improvements? Yes. Okay. What I understand, the Westgate, at least 50 percent of it, would be improved with curb and gutter on the applicant's side of the 93. 1 2 3 4 5 6 7 8 9 -10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 development. There has been a traffic impact analysis done and we have reviewed it. It would depend on the' remaining -- if -- when I say a minimum of 50 foot, it has to be at least two lanes passable and it might include a little bit more of the other half of the road, also. That will be determined during the platting phase. With regards to the school, it will be -- imagine the school site might be analyzed in the effect that it has off-site as this subdivision does, too. And' one of the things that has been identified by our consultants reviewing the traffic impact analysis is that this development will require two lanes of Windsor to be constructed to the expresswaY. NoW, whether a certain percentage is going to be required because of the school or how that's broken up between this development and the school and who's responsible for that, I don't know the breakdown of that. But, also, we'll look at Westgate and what improvements will be needed to accommodate a school to be able to either accommodate buses or anything of those natures. Will it need~to be widened? Will it need curb and gutter on both sides? But those will be finalized during the platting phases and it is based on that traffic impact analysis. MR. ENGELBRECHT: All right. Thank you. Commissioners, any other questions for staff or comments 94. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 94 25 or a motion? MR. MCNEILL: I move to recommend approval of Z-99-073R with the condition that the houses facing Westgate Drive will have no garages facing Westgate Drive. The garages will face the rear. MR. REICHHART: Could they also be side-loaded? MR. MCNEILL: Yeah, that's fine with me. MR. RISHEL: Second. MR. ENGELBRECHT: It's been moved and seconded to recommend approval with the condition regarding the garages on Westgate Drive. MS. GOURDIE: 35-foot height restriction, requirement. Go ahead, Mr. other parts. MR. ENGELBRECHT: I want to ask -- Ms. Gourdie. I was also curious about the the 80 percent fired brick Engelbrecht, if you have the I believe there was a fence request along the property to the east. MS. GOURDIE: And didn't they say something about bedrooms? MR. multi-family. MR. RISHEL: longhorn fenoe? MR. ENGELBRECHT: Oh, we're not doing multi-family, sorry. ENGELBRECHT: No. We're not handling Are you talking about the Right, the longhorn fence. 95. 1 2 3 4 5 6 7 8 9 l0 i1 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RISHEL: MS. GOURDIE: MR. MCNEILL: I forgot about that. Okay. Thank you. Yeah. In fact, I thought that was assumed when I made that motion but it's page 9 -- where are those conditions? What page? MR. REICHHART: Page 9. MR. MCNEILL: My page 9 is a 200-foot -- MR. ENGELBRECHT: Yeah, that's the wrong -- MR. REICHHART: I'm looking at the wrong one.. Yeah, there are no conditions in this one. Staff did not propose conditions for the detailed plan. MR. MCNEILL: But we've added the condition of the garages is what we've just done. MS. GOURDIE: Right. And I would like to make a friendly amendment to include height of building, no more than 35-foot, 80 percent fired brick, and the longhorn fence being completed in order to -- MR. ENGELBRECHT: Wasn't the request, and staff may help me here, that the fence be completed before the conStruCtion was -- MR. REICHHART: soon as possible. MR. ENGELBRECHT: MR. REICHHART: that was the request. The neighbors wanted it up as Yeah. During construction phase and 96. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9.4 25 MR. ARTERBURN: If we could phrase that to be completed at -- by the time Phase 1 has been completed, all of the houses are constructed, I think that would be amiable to the developer. MS. GOURDIE: Okay. finished and completed upon completion of Phase 17 The longhorn fence to be MR. ARTERBURN: Exactly. MR. MCNEILL: I have a question. On your 35-foot, does that allow for the pitched roof and the two-and-a-half story? MS. GOURDIE: Yes. MR. ENGELBRECHT: Yeah, that's what he had MR. MCNEILL: MS. GOURDIE: MR. RISHEL: Okay. Fine. I accept that. Thank you. The seconder accepts that. asked for. MR. ENGELBRECHT: Yes. And then I would interject, the applicant had agreed to the traffic dampening devices, there be two of those. it two, a minimum of two? MR. MCNEILL: Yes, that's what he said. We need an amendment to the amendment. MR. RISHEL: Yes, yes. Do you want to put that in amendment form? MR. ENGELBRECHT: I'm offering a friendly I think, wasn't 97. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 amendment to the amendment. MR. RISHEL: that. MR. MCNEILL: MR. RISHEL: And all Perry has to do is accept I accept that. · And I accept that as a second regarding traffic quieting devices. MR. ENGELBRECHT: Dampening devices. MR. RISHEL: Right. MR. REICHHART: If I may, on two of those, 80 percent fired brick, if brick is used as opposed to other masonry products like stone. I mean, we're not saying every house has to be fired brick as opposed to Austin stone or something. MR. RISHEL: Right. Masonry. MR. REICHHART: I mean, if brick is used, the brick has to be fired brick. Is that fine? That type -- MR. REICHHART: And I would like to make the traffic circles subject to staff approval. MR. ENGELBRECHT: I believe that's the way I stated that, that there would be a minimum of two as designated by staff. MR. REICHHART: Thank you. MR. ENGELBRECHT: Any other -- Ms. Gourdie. MS. GOURDIE: I'm sorry. Go ahead. MR. REICHHART: My other one was construction 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 access. Do we need to state Westgate~ I mean, it's their logical progression but -- that was a request at the neighborhood meeting. MR. RISHEL: logical to them. MR. MCNEILL: MR. RISHEL: motion? MR. MCNEILL: MS. GOURDIE: I think they said that was So they won't have a problem. Do we need to have that in this Do we need this in the motion? · Friendly amendment that construction traffic be routed through Bonnie Brae. MR. MCNEILL: I accept that. MR. RISHEL: And the second accepts that. MR. ENGELBRECHT: Ail right. Ms. Gourdie, now you have another question? MS. GOURDIE: Thank you. On the detailed site plan, we have a revision section which states Item Number Parcel D. I'm just wondering, does it have to state what the revision is on here in order to make it valid? MR. REICHHART: Typically, it's just general enough that you know that something changed in Item D and then you can go back to the previous dated version that you have without that signature and then you compare them. MS. GOURDIE: Okay. MR. REICHHART: So if something else changes 99. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Section D, they'll have another revision, additional revision Section D or added street trees, Section D, or whatever it would be. I mean, it just let's you know that there's something different about Section D on this plan from the previous plan. MS. GOURDIE: Because I don't see it being different on here. It still shows SF-5 versus SF-7 on here. MR. REICHHART: That is a correction that staff caught and that they've changed. MS. GOURDIE: Okay. I wasn't sure how that worked. MR. REICHHART: They're SF-7 lots,.all the numbers are correct. It was that watermark they had on there. It's corrected on the concept plan, but it wasn't carried through and we caught that, and they've changed it. MS. GOURDIE: Thank you, Mr. Reichhart. Okay. I would just like to make a comment that I believe this developer has come a long Way in the compromise department. I become amused when I hear things like we thought we heard gradual -- going down from large to small lots. It's funny because I never envisioned it being SF-16, SF-10, SF-7. I envisioned two rows of SF-16, two rows of SF-10 into SF-7. So I find that kind of amusing 100. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that we interpret it two different wa~s, and so I'm a bit disappointed in the density and that we didn't get the SF-16s and then the SF-10s. seen that. I would have liked to have But I do believe that MESA Design Group has done an exceptional job on compromising and to offer what they can offer. And I believe this will be a very good looking development. And I also believe from what I've known in my neighborhood, going through many of these when the SF-7s never existed in Denton until the first one that went down by my house and it's -- all the things we worried about didn't happen. It turned out to be a very nice development. The traffic is still awful but the development itself hasn't ruined our properties or anything like. So I believe they will do a good job and I hope we can be thankful that they were willing to work with us. MR. ENGELBRECHT: Mr. Moreno. MR. MORENO: Yes, would Mr. Donaldson or somebody reiterate the conditions that we bantered back and forth about? MR. DONALDSON: Yes, sir. I have six listed; the garage orientation within the SF-16 district, a 35-foot maximum height, the use of fired brick whenever brick is used, traffic calming devices as designated by 101. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff, minimum of two, longhorn fence to be completed with the completion of Phase l, and that construction traffic would be oriented from Bonnie Brae. MR. MORENO: Thank you. MR. ENGELBRECHT: I request -- Mr. Rishel, you have a question? Go ahead. MR. RISHEL: No. I just wanted to say I think that -- I appreciate the citizen input we've had on this and they have kind of stuck with this thing meeting after~ meeting after meeting and I very much appreciate that as kind of a checkpoint for us to try to develop the very best quality in neighborhoods we possibly can in our community. But I do appreciate the developer looking at and moving from and taking some of the input that the citizens have brought forth with the understanding that -- well, you'd be surprised, the people in Denton know what sells in Denton. And I appreciate that comment and you taking the time to listen to that. And I appreciate the citizens and the neighbors in this area working with you, feeling like you might be quality enough that you would listen to them in staying with it on long-term and having seen you move from SF-5, which we had at one time, and now we're SF-7 and then the buffers that we've created beyond that. So I think that, too, that you're going to have a 102. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very quality development and I think that some of these neighbors are going to help you sell that. And I appreciate you listening to the citizens of Denton and where we're trying to move as a quality community. MR. ENGELBRECHT: Any other comments, Commissioners. I would like to beg your indulgence for just a couple of minutes. I have asked Mr. Donaldson to compute the distance on that eastern street from the -- in the longest block. I believe it's considerably greater than 1,200 feet. I just took a look at the measurement, a rough on that, and he's figuring that up. And I think that may be -- MR. DONALDSON: It's 1,122. MR. ENGELBRECHT: I figured 1,400. MR. MCNEILL: You need a better ruler. MR. DONALDSON: 16 lots that are 61 feet wide and two that are -- MR. ENGELBRECHT: Okay. That's why I took a rough look and grabbed the first lot. The other ones are all right. We're within barely within our -- well, it had been pointed out to me that the possibility was for a pedestrian access across to that street which then would allow all those folks to walk very quickly to all the rest of that neighborhood. MR. RISHEL: You're not giving them enough 103. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exercise, Jim. MR. ENGELBRECHT: I'm telling you, if you don't walk in your neighborhood, the short blocks make a great deal of difference from the neighborhood functioning, fOr folks to get around and communicate with one another. So I'm going to throw this out there anyway and you don't have to accept it or whatever. But I'm going to offer a friendly amendment that, on the detailed plan if you'll look at it, that Lots 9, 10, or 11 -- excuse me, 10 and 11, 26 and 27 be allowed to be reduced in square feet below the 7,000 to the extent that they could accommodate a pedestrian access between them. Then there would be a way for those folks to walk to that next street and then open it up to the whole neighborhood. So I'm offering that as a -- MR. MCNEILL: So does that mean that they have to put another street in there? MR. RISHEL: Would you draw that? MR. ENGELBRECHT: No, they would put a pedestrian access in. We're allowing them to build those four lots smaller than the 7,000 to the extent that they could get the pedestrian access in there. MR. REICHHART: Lots 11, 12, 25, 26 is what you're talking? MR. DONALDSON: 9 and 10 and 26 and 27. 104. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ENGELBRECHT: Basically, the middle lots, the ones in the middle. I'm suggesting a pedestrian access, not a street. That simply allows folks to walk. It's not a matter of driving. That doesn't really take any more time, but it's the walking. MR. RISHEL: So you'd have a pathway through there like a bike path? MR. ENGELBRECHT: Right, right. MR. RISHEL: As opposed to a street? MR. ENGELBRECHT: Right. Exactly. And they would not have to give up any land because those four lots could be made smaller. friendly amendment. MR. RISHEL: that and see what the -- MR. MCNEILL: And I'm offering that as a Mr. McNeill. I wanted to look at Yeah. I guess I'm struggling with whether we're a Planning and zoning or a sociological group. MR. RISHEL: I think we're both. MR. ENGELBRECHT: When we lay out, particularly -- when we do a Planned Development, we're the ones who are laying out the neighborhood. MR. RISHEL: And I have to tell you before you make a comment on that, I appreciate Jim's input and y~ar~ of service on Planning and Zoning Commission and his 105. 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 dedication to neighborhoods and what we have tried to develop. And so I know I would accept it on my end and I'm waiting for your reply. MR. MCNEILL: .I don't have a problem with it. I was just harassing you a little there. You're going to put a small walkway from that street that's one street over from the longhorn fence over to the next street is basically what you're saying? 12 foot -- MR. RISHEL: Which may be a 12-foot path or a, MR. ENGELBRECHT: Right, right. And I say this, having been a neighborhood association president off and on a number of times over the years, and the way you try to get around inside the neighborhood is walking. That's what you -- you know, to talk and you want folks to talk back and forth and the shorter -- if you can cut through there, it just facilitates that communication. MR. MCNEILL: I don't have a problem. I think it will probably never be used but I could accept it. MR. RISHEL: And I would accept it on my second. And I appreciate -- Mrs. Gourdie's been concerned about this street length from the time she looked at it, also. So I think we'll have good concurrence on that. MR. REICHH~LRT: Can the motion ~¢ ~tru~tur~d that there's a little bit of flexibility where that goes 106. i in this area here? 2 MR. MCNEILL: Yes. 3 MR. ENGELBRECHT: Yes, I'm not specific about 4 -- I would want it somewhere near the center. 5 MR. RISHEL: Yeah, they may already have some 6 lot sizes in there that -- 7 MR. ENGELBRECHT: There may be a drainage 8 easement or something else that will help accommodate all 9 that, yes. 10 MR. RISHEL: Maybe they could squeeze all of 11 them by six inches or something. 12 MR. REICHHART: But somewhere in here, there's 13 going to be four lots reduced in size to accommodate a 14 pedestrian easement between the lots? 15 MR. RISHEL: The lot count, the density 16 doesn't change. 17 MR. ENGELBRECHT: That's right. The density 18 doesn't change. 19 MR. RISHEL: But we're going to give them 20 flexibility on how they get there because it doesn't 21 necessarily have to be four lots, does it? 22 MR. ENGELBRECHT: Well, it doesn't matter to 23 me. I can make a request, ask that the amendment be made 24 that the lots be reduced so that that can be accommodated 25 and leave it at that. And if they want to reduce each lot 107. 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by one foot -- MR. MCNEILL: That makes sense to me. MR. ENGELBRECHT: I'd just as soon give them more flexibility. I just would like to see the access for the folks to walk around. MR. MCNEILL: I totally support the idea of giving them the flexibility of where they put it. MR. RISHEL: Okay. And it's fine on my part. MR. ENGELBRECHT: Okay. I believe that was accepted by both. So we have one more condition. Any In that case, vote, please. Motion other discussion? carries 5-0. Commissioners, ten minutes? we're going to take a ten-minute break. Thank you, ladies and gentlemen. (Break taken) 108. ATTACHMENT 3 AREA CALCULATIONS FOR Z-99:06~R (Smith Tract, PD-115) Calculated By: LCR A. TOTAL AREA (Site and 200' Notice Area): B. AREA OF SITE ONLY C. AREA WITHIN 200' NOTICE AREA (A - B} Date Calculated: 12/29/99 302.24 Ac 230.28 Ac 71.95 Ac 1. PROPERTIES IN OPPOSITION Area* I Location / Address I 3311 Westgate / 0.76 Ac 3301 Westgate I 0.69 Ac 3221 Westgate I 0.69 Ac 3201 Westgate / 0.72 Ac 3121 Westgate 10.72 Ac 3101 Westgate 2901 Fladger 3015 Bonnie Brae Total Area in Opposition 0.79 Ac 0.72 Ac 4.29 Ac 9.38 Ac Area of property within 200' of subject property PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 13.04 % 109. F:\shared\dept\LGL\Our Documents\Ordinances\99XZ-99-061R ORDiNANCE.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86- 101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230.111 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN TIlE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-061R) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Intermandeco, Inc. has applied for an amendment to the concept plan for Planned Development 115 (PD-115) containing 230.111 acres of land; and WHEREAS, on December 15, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WHEREAS, the City Council finds that the new concept plan will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance 86-101, providing approval for the rezoning of 239.17 acres to Planned Development 115 (PD- 115) zoning district and the original concept plan for said district, is amended by the approval of a new Concept plan, for 230.111 acres of land, attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, subject to the following conditions: That development regulations and standards are as identified in Exhibit C Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION 2. That the provisions of this ordinance, including Exhibit B shall govern and control over any conflictin~ provisions of'Ordinance g6-101, but all provigiong of Ordinance 86-101 as they apply to the remaining portion of the PD-115 zoning district land use regulations not herein amended, shall continue in full force and effect. SECTION 3. That a copy of this ordinance shall be attached to Ordinance 86-101 showing the amendment herein approved. SECTION 4. That any .person violating any provision of this ordinance shall, upon conviction, be freed 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 5. That this ordinance shall become effective fourteen (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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of · ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRO/~TTORNEY BY: ~~ ~' Page 2 EXHIBIT A FIELD NOTES 230.111 ACRES BEING all that certain lot, l~act or parcel of land situated in the F. Batson Survey Abstract number 43 and the N. Wade Survey Abstract Number 1407, in the City of Denton, Denton County, Texas. being all that certain tract of land conveyed by deed from Herin/W. Beckman and Gerald J. Lafountain to John Llnn Smith and wife, Dorothy Smith and Dillon Francis Smith and wife, Earle Joyce Smith, recorded in Volume 3071, Page 88, Reel Property Records Denton County. Texas. and being mare particularly described as follows: BEGINNING at an iron rod set for comer in the west line of the R. Beaumont Survey AbeS'act Number 31 and in Bonnie Brae, a public roadway, said point being the nortJleest comer of that certain tract of land conveyed by deed from Life Tabernacle Chumh of Denton to City of Hope Chumh Ministries of Denton recorded under Clark's File Number 97-R0014615. Real Property Records, Denton County. Texas. THENCE N 89° 51' 29" W. pass at 454.88 feet the northeast comer of that certain tract of land conveyed by deed from John Linn Smith and Dillon Francis Smith to Billy D. Harvey recorded in Volume 593, Page 33, Deed Records, Denton County. Texas. pass at 906.88 feet the northeast comer of that certain tract of land conveyed by deed from Clinton W. Twadell and wife, Elizabeth .Twadell to Joe G. Wright and wife, Joy Wright, recorded in Volume 614, Page 500, Deed Records, Denton County, Texas, pass at 1366.37 feet the northeast comer of Westgate Hills North Phase III, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet P, Page 43, Plat Records, Denton County, Texas. a total distance of 2727.74 feet with the north tine of said City of Hope Church, Harvey and Wright tracts and with the north line of said Wastgate Hills North Phase III to a nail found for comer in Westgate Ddve. a public roadway; THENCE N 00° 07' 46~ W, 2906.20 feet with said Westgate Drive to an iron rod set for comer; THENCE N O0° 30' 11" W, pass at 474.43 feet the southeast comer of that certain t~act of land conveyed by deed from J'and L Partners to Rancho Vista Development Company recorded in Volume ;2.695. Page 465, Real Property Records, Denton County, Texas, a total distance of 1~.8.13 feet with said Westgate Drive and with the east line of said Rancho Vista Development Company tract to an iron rod found for corner at an ell of said Vista Development Company tract: THENCE N 89° 45' 35" E, pass at 37';.1 feet the southwest comer of that certain tact of land conveyed by deed from B. F. Johnson and Willie M~e Johnson to Debts Johnson Morgan recorded in Volume 3245, Page 809, Real Property Records, Denton County, Texas. pass at 645.1 feet the southwest comer of that certain tract of land conveyed by deed from H.R. Perot, Jr. to Hillwood Land/Denton. Ltd. recorded in Volume 2470, Page 690, Real Properly Records, Denton County, Texas, pass at 1906.72 feet the southwest comer of that certain tract of land conveyed by deed from Shaul C. Baruch to T. I. 239 B Joint Venture recorded in Volume ?.432, Page 21, Real Property Records, Denton County, Texas, a total distance of 2759,31 feet with the south line of said Rancho Vista Development Company, Hillwood Land/Denton and T.I. 239 B Joint Venture tracts to an iron rod found for corner in said Bonnie Brae and in the west line of the N. M$isenheimer Survey Abstract Number 810; THENCE $ 00° 10' 35" W, 1902.57 feet ~th said west line of said Meisenheimer Survey and with said Bonnie Brae to an iron red set for comer, said point being the northeast comer of that remnant of that certain tract of land conveyed by dead from Dillon F. Smith and wife, Earle Joyce Smith, to John Unn Smith and wife, Dorothy Elaine Smith, recorded in Volume 1487, Page 74, Real Property Records. Denton County, Texas; THENCE S 89° 56' 37" W, 988.35 feet with the north line of said remnant Smith tract to an iron rod set for comer, said point being the northwest corner of said remnant Smith tract; £C~.-,~.l[~ · ,:~ ~-.qQ~, +t-,?-.8+t-'T2 Di'.l[ ' :l'~ll:~ltl-~.-~ [ ~HtI-zI-LLZI>f'3JO~tLq ,~£ ?.£1 THENCE S 00° 13' 25" W. 1448.49 feet with the west line of said remnant Smith tract to an iron rod set for oomer, said point being the southwest comer of said remnant Smith tract; THENCE S 89° 30' 41' IE. 61.16 feet with the south line of said remnant Smith tract to an Iron rod set for comer, said point being ne northwest comer of that certain ~act of land conveyed by deed from Lyndal Carny to Eric Fullerton and wife, Merle R. Fulle~tofl, recorded under clerk's file number 95-R0008696, Real Property Records, Denton County. Texas; THENCE $ 00° 48' 12' W, 237.62 feet with the west line of said Fuller[on tract to an iron rod found for comer, said point being the southwest corner of said Fullarton tract; THENCE S 89° 11' 59" E, 931.03 feet ~ the sot~t line of said Fullerton tract to a point for comer in said Bonnie Brae; THENCE S 00° 10' 35" W, 669.48 feet with said west line of said R. Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 230.11 'l acres of land. Parcel PD Uf-1 Parcel C 11.43 ac. SF-5 20.69 ac. ' ~,~,~.~ ~---r--', ......... -r- ;I HI 8.56: ac. 'arc/el 1.24 ;~c. Parcel D ' SF-7 18.93 ac. Parcel F SF-7 103.94ac. Parcel a Commedcal/ 23.38 ac. Parcel E SF-5 12.07 ac. .......................... ....... :., .==:- ~SCHOOUPARK t/ ,' xx 18.22 ac. // ( ........................ ~ ................. SF-10 A A A A A ~ , SMITH TRACT DECEMBER'~, S~ Proposed Concept Plan EXHIBIT THE SMITH TRACT PLANNED DEVELOPMENT DISTRICT PD #115 DENTON, TEXAS INTRODUCTION This Planned Development DisUict located between Bonnie Brae Road and Westgate Road, south of Highway 77 in Northeast Denton is the result of land planning for a mixed-use meeting the mutual goals of the City of Denton, surrounding landowners and developer. Land Use Plan The land use plan falls within the guidelines of the current comprehensive plan and follows the proposed density. model and planning goals for the new Denton Comprehensive Plan 1999-2000 prepared by City staff. Commercial District The Commercial District is set up to encourage traditional town planning for historic Texas towns which have retail and office buildings at the front property line with pedeslrian oriented sidewalks and parallel parking in front of the buildings. Large parking lots would be encouraged, but not required to be placed behind the .buildings. Street Infrastructure The street plan for the Smith Tract incorporates an East/West arterial across the northern part of the property, tying the 1-35 corridor to Bonnie Brae· There will be a North / South residential collector running through the center of the property connecting a southern entrance on Bonnie Brae to the East / West collector. Parks / Ooen Space This track of land has an open space park dedication requirement of 5.75 acres based on the number of single family and multi-fann~ly units. This district proposes three levels of parks and open space as follows. Level One A.. A 18.22 acre joint use public park / school site in the Southwest corner of the development will be dedicated. B. Open space of 4.195 acres between the commercial and residential land uses to be used as a visual focal point at the roadway convergence. Area to be maintained by Home Owner's Association. Level Two Private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods. These would be maintained by private Homeowners' Associations. Level Three The developer has committed to an 80' R.O.W. for a North / South residential collector. This PD shall follow the City of Denton Zoning Ordinance in effect August 15, 1999, Chapter 35. All of the land uses in the PD use base zoning out of this ordinance and as amended as follows: X..199 PROJECTS199076-Smith TractlCorrespondencelgO76PD12-4-99. doc Page 1 PARCEL A - Commercial Office Gross Acreage: Public Dedicated R.O.W. Net Buildable Area: Maximum FAR: Maximum Dwelling Units: Maximum Height Resthction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Landscape Buffer: Minimum Frotu Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 23.38 ac. 3.93 ac. 19.45 ac. 2:1 0 2 stories 50' N/A per ordinance per ordinance per ordinance 0 feet in traditional town concept; per ordinance in any other concept. 0 feet in traditional town concept; per ordinance in any other concept. 10' I. 2. All trash enclosures and service areas must be screened with fencing or live hedge. There shall be a 6' masonry wall built between office/commercial uses and single family. Sec Appendix Exhibit A Minimum Amenity Package: N/A Other Notes: · Commercial, retail and office uses are encouraged to be built to the i~ont property line with parking lots behind and parallel street parking encouraged as in a central business district model following traditional town patterns. · Developer'will provide architectural elevations for detail plan review. X:199 PROJECTS199076-Smith TractlCorrespondence[9076PD12-4-99.doc Page 2 PARCEL B - MF-1 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Permitted: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity'Package: Other Notes: 11.43 ac. 0.5 ac. 10.93 ac. per ordinance per ordina~lce per ordinance per ordinance 2OO per ordinance per ordinance per ordinance per ordinance 5' in traditional town concept; per ordinance in any other concept 10' per ordinance Security fencing of complex shall not be perm/tted. N/A · Front yard set back of 5' to encourage traditional small town downtown model. · Developer will provide architectural elevations for detail plan review. X. q99 PROJECTS199076-$mith TractiCorrespondencelgO76PD12-4-99.doc Page 3 Parcel C AND E - SF - 5 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: c 20.69 ac. 5.7 ac. 14.99 ac. 45' 95' 5000 s.f. 40% Parcel C: 106 tots Parcel E: 59 lots. 2 ½ stories or 36' 1600 s.f. 2 car garage pocket parks 25' 10' and 0' or 5' +5' per ordinance 1. 12.07 ac. 2.62 ac. 9.45 ac. Masonry walls required where houses back to streets. See Appendix "Exhibit A'. 1. Pocket parks in all three tracts - acreage as follows: Parcel C: .732 ac; and Parcel E: .39 ac. Pocket parks to be maintained by a Home Owners' Association. 2. Two 3" caliper, 65-gallon trees planted between the curb and sidewalk on each lot. 3. 80% masonry on structure as defined as net of windows and door openings. X.'199 PRO. IECTS199076-Smith TractlCorrespondence19076PD12-4-99.doc Page 4 PARCEL D- SF-7 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restxiction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 18.93 ac. 5.65 ac. 13.28 ac. per ordinance per ordinance 7000 s.f. per ordinance Parcel D: 58 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Builder detail wood fence to be consistent along south property line of parcel D. See Appendix "Exhibit B'. Other Notes: X:199 PROJECTS199076-$mith TracdCorrespondence19076PDI2-4-99.doc Page 5 PARCEL F- SF-7 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Minimum Amenity Package: Other Notes: 103.94 ac. 25.49 ac. 78.45 ac. per ordinance per ordinance 7000 s.f. per ordinance Parcel F: 390 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Wood fencing along east and north property line of Tract F adjacent to off-site neighbors shall be a builder required detail of a consistent design along property line. See Appendix, "Exhibit B". Pocket parks as desired less than 5 ac. To be maintained by a Home Owners' Association. X.'199 PROJECTSi99076-Smith TractiCorrespondencelgO76PD12.4-99. doc Page 6 PARCEL G- SF-10 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: Other Notes: 8.24 ac. 1.47 ac. 6.77 ac. per ordinance per ordinance 10,000 s.f. per ordinance 25 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ord/nance XA99 PROJECT~99076-$mith TractlCorrespondence19076PDI2-4-99. doc Page 7 PARCEL J - School / Park Gross Acreage: Public Dedicated R.O.W. Net Bnildable Area: Maximum FAR: Maximum Dwelling Units: Maximum Height Restriction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 18.22 1.07 17.15 per ordinance N/A per ordinance N/A per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Minimum Amenity Package: N/A Other Notes:. School / park site is to be 18.22 ac., overall site. Thc Denton Independent School District (DISD) will acquire ownership of the dedicated site. IfDISD ownership does not occur within 2 years of the approved zoning plan, the dedication will revert back to its original SF-16 and SF-7 zoning classification, at thc discretion of the developer. XA99 PROJECTS199076-Smith Tract~Correspondence19076PD12-4-99. doc Page 9 AGENDA INFORMATION SHEET Agenda No. Agenda Item Date 00- 2.o' ..... AGENDA DATE: DEPARTMENT: CM/DCM/ACM: January 4, 2000 Planning Department David Hill, 349-831 SUBJECT - Z-99-073: (Smith Tract Detailed Plan) Hold a public hearing and consider approving a Detailed Plan for a Planned Development (PD- 115) encompassing approximately 194 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes a school site, open space and single-family residential use. The Planning and Zoning Commission recommends approval (5-0, with conditions). BACKGROUND The applicant has requested approval of a detailed plan for this property to develop single-family uses. Open space and an elementary school site are also provided. The property is currently used for agricultural purposes. The proposed development is consistent with an amended concept plan for this property (PD- 115) and proposes 655 single-family dwelling units, open space and a dedicated school/park site. Thirty-two (32) property owners were notified of the zoning request along with 90 courtesy notices. As of this writing, there have been nine (9) responses in opposition, totaling 10.47% opposition. (See attachment 2) A total of four neighborhood meetings have been held with respect to this project. The first two meetings (June 3ra and July 22nd) centered on the amended concept plan and the Se tembe} 15th December 13th ) included both the detailed plan third and forth meetings ( p and the amended concept plan. PRIOR ACTION/REVIEW The following is a chronology of Z-99-073R, commonly known as Smith Tract Detailed Plan: September 15, 1999 - Application received September 15, 1999 - Neighborhood Meeting September 23, 1999 - DRC meeting October 7, 1999 - DRC meeting October 13, 1999 P&Z recommends approval November 2, 1999 City Council approves Z-99-061 with a 4-2 vote with the understanding that opposition greater than 20% exists, therefore the approval fails due to lack of super majority and the Detailed Plan public hearing is not opened. November 3, 1999 November 15, 1999 December 13, 1999 December 15, 1999 Staff recalculates the amount of opposition and determines that less than 20% opposition existed. City Council rescinds original approval and directs the applicant to proceed through the approval process again. Neighborhood Meeting P&Z recommends approval ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city and is providing an elementary school site to the Denton Independent School District. RECOMMENDATION The Planning and Zoning recommended conditions: 1. 2. 3. 4. Commission recommends approval (5-0) with the following Attached garages on property fronting Westgate shall have side and rear loaded garages only. All brick that is used in the project shall be "fired" brick. Maximum building height shall be 35'. A fence meeting the specifications of the detailed plan shall be constructed adjacent to private property on the eastern boundary of the project prior to the completion of phase 1 of the development. Along the north-south collector road, a minimum of two (2) traffic circles shall be required, subject to staff approval. Construction access shall be via Bonnie Brae. Lots within Block O may be reduced in width, without reducing the number of allowed lots, to allow a pedestrian access way at or near mid-block. Such pedestrian access way shall be subject to staff approval. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, December 15, 1999, Z-99-073R 2. Opposition calculations 3. Draft Ordinance. Refer to Staff Report for Z-99-061R, Smith Tract Concept Plan, for December 15, 1999 Planning and Zoning Commission minutes. e Doug Powelf · ' Director of Planning and Development (any ke~ct~art Development Review Manager ATTACHMENT 1 A~enda No. ~- Agenda item *-- Date_ PLANNING AND ZONING COMMISSION STAFF REPORT Sub|ect: The Smith Tract, PD-115 (Detailed Plan) Staff: LarrY Reichhart, Development Review Manager Case Number: Z-99-073R Agenda Date: December 15, 1999 Hold a public hearing and consider making a recommendation to City Council regarding a detailed plan for Planned Development 115(PD-115) encompassing approximately 195 acres. The proposed detailed plan is for single-family development, open space and a school site. LOCATION MAP Location= Generally located north of Windsor Road between Bonnie Brae and Westgate (See enclosure 1 ). Size: 195_+ acres Z-99-O73R PS~Z Staff Report e Applicant: MESA Design Group 3100 McKinnon Street Suite 905 Dallas, Texas 75201 Owner: Intermandeco, Inc. 1401 Burnham Drive Piano, Texas 75093 The original application for Z-99-073 was received on September 15, 1999 and subsequently was recommended for approval by the P&Z (7-0) on October 13, 1999. At the November 2, 1999 City Council hearing for Z-99-061 (Smith Tract Concept Plan), staff received two additional letters of opposition. One of the letters was opposition to the Detailed Plan but was inadvertently calculated towards the Concept plan. The amount of opposition was calculated at 21%, thereby requiring a super majority approval by City Council. A recommendation for approval with an 80% bdck requirement for all single-family structures and converting tract D from SF-5 to SF-7 was .a~proved 4-2. The motion failed however due to lack of a super majority and the scheduled Detailed. Plan public hearing was not opened. Upon further review staff recalculated the opposition to less than 20%. The legal department advised City Council that in their opinion, the original 4-2 vote constituted an approval. Due to the amount of confusion over the opposition City Council rescinded their original vote and directed the applicant to proceed through the approval process again. City Council's desire to initiate a new series of public hearings has in essence whiped the slate clean. All letters, either in opposition, neutral to or in favor of the Smith Tract Detailed Plan (Z-99- 073) rece--~ved-prior to December 1, 1999 Will no longer be used to determine the percentage of opposition to the proposal. An in-depth analysis of the proposed plan is included in the following pages. In general, the plan address all P&Z recommendations set forth on October 13th and includes the 80% brick requirement along with the conversion of tract D from SF-5 to SF-7 as recommended by the City Council motion for approval. Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. z-gg-o73R P&Z Staff Report Thero are three (3) types of plans that may be used in the Pla_nned development process; concept ~lan, development plan and detailed plan. " CONCEPT PLAN - This plan is intended to be the first step in the PD process for larger or long term developments. It establishes the most general guidelines, identifying the land use types, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN - This plan is intended to be used most often as a second step in the PD process. It includes the same information that is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan is the final step in the process and is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process. It will contain information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regqlations. The developer is requesting Detailed Plan approval for this 195+ acre property to develop 655 single- family dwelling units, open space and dedicate a school/park site. Staff has Conducted an analysis of the proposed detail plan as it relates to the requirements for a Detail plan identified in Section 35-176 of the code of ordinance. Below is a copy of the ordinance requirements in chart form. ^ ~ indicates that the proposed detail plan has adequately addressed the required information for a Detail Plan. Sec, 35-176. Detailed plan information The detailed plan shall contain the following information: (1) Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. (2) Land uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. (3) Off-site information, Adjacent or Surrounding land uses, zoning, streets, drainage facilities and other existing or Proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. (4) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed use. (5) Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. (6) Residential development. The number, location, and dimensions of all the lots, the z-g9-O73R P&Z Sl~ff Report minimum setbacks, the number of dwelling units, and number of units per acre (density). (7) Water and drainage. The location of all creeks, ponds, lakes; floodplains or other water ~/ retention or major drainage facilities and improvements. (8) Utilities. The location and route of all major sewer, water, or electrical lines and facilities ~ necessary to serve the district. (9) Trees and landscaping. The location of all protected trees and a landscaping plan as ~/ required by the city's landscape ordinance. (10) Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public ~/ or private use. (11) Screening. The location, type, and size of all fences, berms, or screening features ~/ proposed between different land uses or adjacent properties. (12) Signs. Location, type, and size of all signs regulated by the city's sign ordinance ~ (13) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle~/ use, (Ord. No. 91-016, § I, 2-5-91) : 1. Transportation A. Access As identified in the Concept Plan, access to the subject property is from Bonnie Brae and Westgate. The applicants have submitted a Traffic Impact Analysis. Staff and the City's traffic consultant have reviewed the study. Although the methodology used to perform the study is acceptable, Staff and the applicant have not come to terms on what specific onsite and offsite improvements will be necessary for the development to operate at an acceptable level of service, it is not necessary for these details to be worked out at the zoning stage, however no platting will occur until required traffic improvements have been agreed on. B. Pedestrian Linkages Sidewalks along al! public streets are required. 2. Utilities Adequate utilities, to service the site, are within the general area of this development. (See Enclosure 6): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. Z-99-O73R P&Z St~ff Report 7. 4. Signs As per the sign ordinance. 5. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 6. Open Space This development is providing approximately 22.15 acres of land for a school site and open space. The residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the issuance of building permits. '" 7. Environmental Quality impacts No negative environmental impacts have been identified. January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69-01. May 20, 1986 - The subject property was rezoned from Agricultural (A) zoning designation and land use classification to a Planned development (PD- 115) zone district by Ordinance 86-101. October 13, 1999 - November 2, 1999 - The Planning and Zoning Commission recommends approval. The City Council approves Z~99-061 with a 4-2 vote with the understanding that opposition greater than 20% exists, therefore the approval fails due to lack of super majority. The proposed Detailed Plan public hearing is not held. November 3, 1999 - Staff recalculates the amount of opposition and determines that less than 20% opposition existed. November 15, 1999 - City Council rescinds original approval and directs the applicant to proceed through the approval process again. The subject property is not platted and would need to be platted prior to any development. Z-99-O73R P&Z Staff Report Notice of the zoning request was published in the Denton Record~Chronicle on Sunday December 5, 1999. Thirty-two (32) property owners were notified of the request on December 3, 1999 along with 90 courtesy notices. As of this writing, there have been no responses. (See enclosure 7) There have been a total of four neighborhood meetings regarding this project. (June 3rd, July 22"d' September 15~ and December 13th.) The proposed Detailed Plan is in compliance with the Concept Plan and meets all the requirements for a Detail plan as identified in Section 35-176 of the code of ordinance, therefore, staff recommends approval of Z-99-073R. '" 1, I move to recommend approval of Z-99-O73R. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. 200' Property Owner Notification Map, 4. Denton Mobility Map 5. Site Plans. 6. Draft Ordinance z-gg~o73R P&Z Staff Report ENCLOSURE 1 Z-99-73R (Smith Tract, PD-115) NORTH VICINITY MAP Agenda Date: December 15, 1999 10. Scale: None ENCLOSURE 2 Z-99-073R (Smith Tract, Detailed Plan) NORTH PD-142 PD-113 ZONING MAP A A Agenda Date: December 15, 1999 11. Scale: None ENCLOSURE 3 Z-99-073R (SMITH TRACT - DETAILED PLAN) NORTH North La kcs Park 200-500 FOOT NOTICE MAP Agenda Date: December 15, 1999 12. Scale: None ENCLOSURE 4 Z-99-073R (Smith Tract, Detailed Plan) NORTH DENTON MOBILITY PLAN MAP Agenda Date: December 15, 1999 13. Scale: None ENCLOSURE ('M'O'~ .00~ a:3SOdd~d) (]¥0~ ~VH~ ~INN08 '1 ('M'O'~I .00~. aq$odO~ld) avo~ ':lv~ 31NNO~ i5. · ~',~'o'u ,oo~ ~vO~ i6. r.~on,'~r,a:~u. Jr:r l ~xour taocumcnts\orolnances\99~Z-99-073R ORDINANCE.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 193.888 ACRES WITH/N THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-073) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, on January 4, 2000, by Ordinance 99-__ the City Council approved a change in zoning for 228.911 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Intermandeco, Inc. has applied for detailed plan for Planned Development 115 (PD-115) containing 193.888 acres of land; and WHEREAS, on December 15, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the amended concept plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "B" for 193.888 acres located within PD-115, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, is hereby approved, subject to the following conditions: 1. That development regulations and standards are as identified in Exhibit "C". 2. Attached garages on property fi'onting Westgate shall have side and rear loaded garages only. 3. All brick that is used in the project shall be "fired" brick. 4. Maximum building height shall be 35'. 5. A fence meeting the specifications of the detailed plan shall be constructed adjacent to private property on the eastern boundary of the project prior to the completion of phase 1 of the development. 6. Along the north-south collector road, a minimum of two (2) traffic circles shall be required, subject to staff approval. 7. Construction access shall be via Bonnie Brae. 8. Lots within Block O may be reduced in width, without reducing the number of allowed lots, to ORDINANCE.doc allow a pedestrian access way at or near mid-block. Such pedestrian access way shall be subject to staff approval. SECTION 2. 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 3. That the provisions of this ordinance, as they apply to the 193.888 acres described by Exhibit A, govern and control over any conflicting provisions of ordinances relating to PD-115, as they relate to subject property, but all the provisions of said ordinances relating to PD- 115 as they apply to the remainder of the planned development district not herein amended shall continue in force and effect and shall apply to the remainder of said district. ~ ~::SE~5ION 51 ~hat a copy ~ this ordinance shall be attached to PD-115, showing the amendment herein approved. SECTION 5. That this ordinance shall become effective fourteen (14) days from the date :~L~passage; anff ffie:Ci~eeretm'y rs hereby ~reeted to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ·,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. P/RpUTY, CIT/~TTORNEY Page 2 EXHIBIT A FIFI n NOTES 193.888 ACRES BEING all that certain lot, tract or psi'eel of land sit~ated In the F. Bat;on Survey Absa'act Number 43 and the N. Wade Survey Abstract Number 14070 In the Clty of Denton, Denton County, Texas, befng a of that certain tract of land conveyed by deed from Henr~ W. Beckman and Gerald J. La;~untain to John l.inn Smith and wife. Dorothy Smith and Dillon Francis Smith and wife, Es,fin doyce Smith recorded in Volume 3071, Page 88, Real Property Recemls Denton County, Texas and being more described as follows: BEGINNING at an iron rod found for comer in the west line of the R. Beaumont Survey Abstract Number 31 and in Bonnie Brae, a public roadway, said point being iff® northeast comer of that certain tract of land conveyed by deed fi'om Life Tabemac. Je Church of Denton to City of Hope Church Minist~ss of Denton recorded under Clerk's File Number 97-R0014616, Reel Property Re~ords, Denton County, Texas; THENCE N 89' 51' 29' W. pass at 454.88 feet the northeast comer of that certain tract of land conveyed by deed from John Unn Smith and Dillon Francis Smith to Billy D. Harvey recorded in Volume 593, Page 33, Deed Records, Denton County. Texas, pass at 906.88 feet the northeast comer of that certain tract of land conveyed by deed from Clinton W. Twaddell and wife, El~7..abeth Twaddle to Joe G. Wright and wife, Joy W~ight recorded in Volume 614. Page 500, Deed Records, Denton County, Texas, pass at 1366.37 feet the northeast corner of Westgate Hills North Phase !11, an additional to the City of Denton, Denton county, Texas according to the plat thereof recorded in Cabinet P, Page 43, Plat Records, Denton County, Texas, a total distance of 2727.74 feet with the north line of said Cit~ of Hope Church, Harvey and Wdght tracts and with the' north line of said Westgate Hills North Phase III to a nail found for comer in Westgate Drive, a public roadway; THENCE N 00° 07' 46" W, 2906.20 feet with said Westgate Drive to an iron r~d found for comer: THENCE N 00~30' 11' W, pass at 474.43 feat the southeast comer of that certain tract of land ¢onveyecl by deed from J and L Partners to Rancho Vista Development Company recorded in Volume 2695; Page 465, Real Property Records. Denton County, Texas, a total distance of 1348.13 feet with said Westgata Drive and with the east line of said Rancho Vista Development Company tract to an iron rod found for comer at an inner ell of said Rancho Vista Development Company tract; THENCE N 89° 45' ~5' E, pass at 377.1 feet the ~:euthwest comer of that certain tract of land conveyed by deed from B. F. Johnson and W~llie Mae Johnson to Debra Johnson Morgan recorded in Volume 3245, Page 809, Real Propen'¥ Records, Denton County. Texas, pass at 645.1 feet ~e southwest comer of that certain tract of land conveyed by deed from H. R. Perot, Jr.. to Hillwood Land/Denton. Ltd.. recorded in Volume 2470, Page 690. Real Property Records, Denton County, Texas a total distance of 1080.01 feet with the south Ii~e of said Rancho Vista Development Company and Hillwced Land/Denton tracts to a point for comer;, THENCE S O0° 30' 11' E, departing the south line of said H~lwood Lar~d/Oenton Tract, 730.69 feet to a point for comec THENCE N 78° 43! 27" E, 260.56 feet to the beginning of a curve to the left having a central angle of 24° 05' 20', a radius of 700 feet and a tangent of 149.36 feet; THENCE along said curve to the left. an am distance of 294.30 feet to a point of reverse curvature to the right having a central angle of 36° 21' 53', a radius of 630.00 feet and a tangent of 168.96 feet;, THENCE along said curve to the right an arc distance of 327.13 feet to a point for corne~ THENCE East, 840,85 feet to a Hint in Bonnie Brae; THENCE S 00o 10' 35" W, along Bonnie Brae. B0 feet to a point for comer, THENCE West, departing Bonnie ama, 840.67 feet to the beginning of a curve to the left having a central angle ol= 03° 41' 12', a radius of 470.00 feet and a tangent of 15.13 feet; THENCE along said curve t~ the left an arc distance of 30.24 feet to a point for comer, THENCE South. 35~.68 feet to the beginning of a curve to the left having a central angel of 03° 15' 12', a radius of 470.00 feet and a tangent of 13.35 feet; THENCE along said curve to the left an arc distance of 25.69 feet to a point for comer;,' THENCE East. 843,11 feet to a point in Bonnie Brae; THENCE S 00° 10' 35' W, along Bonnie Brae, 60.00 feet to a point.for comer;. THENCE West._aa.~artmg Bonnie.Brae~ 842.92 feetto-the beginning of a curve to the right having a central angle of 02° 53' 05" of' a radius of $20.00 feet and a tangent of 13.35 l~eet: THENCE along said curve to the dght an arc distance of 26.68 feet to a point for comer. .... ~N~C E Squ.~. ,~3.32.,feetto, the. be~inning, of a curv~ tqthe_right having · central angle of 13° 53' 23", a raoius of 1500,00 f~et and-~ta~g~tit ~f ~2~71 fe~ --~' :.':?¥~; THENCE along said curve to the right an arc distance of 363.63 feet to a point for comer;, THENCE N 89° $$' 37" E, 912.19 feet to a point in Bonnie Brae; THENCE S 00°-40' 35' W, 540.01 feet along Bonnie Brae to en iron rod found for comer, said point being the northeast comer of the remnant of that certain tract of land conveyed by deed from Dillon F. Smith and wife. Efta Joyoe Smith ~o John Unn Smith and wife, Dorothy Elaine Smith recorded in Volume 1487, Page 74, Real Property Records, Denton County. Texas: THENCE $ 89' 56" 37' W, 988.35 feet with the north line of said remnant Smith tract to an iron rod found for comer, said point being the northwest comer of said remnant Smith tract;, THENCE S 00° 13' 25' W, 1448.49 feet with the west line of said remnant Smith tract to an iron rod found for comer, said point being the southwest comer of said remnant Smith tract; THENCE S 89" 30' 41' E, 61.16 feet with the south line of said remnant Smith tract to an iron rod found for comer, said point being the northwest comer of that certain tract of lend conveyed by deed from Lyndal Carey to Eric Fullerton and spouse. Maria R. Fullerton recorded under Clerk's File Number R0008696, Real Property Records Denton County, Texas; THENCE S 00° 48' 12' W. 237.62 feet with the west line of said Fulierton tract to an iron red found for corner, said point being the southwest comer of said Fullerton tract; THENCE S 89* 11' 59" E, 931.03 feet with the south line of said Fulle~on tract to a point for comer in said Bonnie Brae; said point being in the west line oft. aid R. Beaumont Survey; THENCE S 00° 10' 35" W. 669.48 feet with said west line of said R. Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 193.888 acres of land. 'l~ H'I"I' I' HI, Il ,J~IjlJlIiIi~I,M I:,J:ll!,l:,l:,li lJMI ('M'O'~ .00[ a3SOdO;~d) OVOH 2VN8 3INN08 2AIW(] 31¥01S3M g t -.JS ~ · NOISIAI(~SFIS _- EXHIBIT B .L~¥a.L HJJWS ('M'O'~I .OOL a3SOdO~:.4) OVOE:I ]YE:lEI 31NNO~ '- 3AI~(] 3l¥OIS3M ~_ 11 IIIIII ,I..1 IIIIII ('M'O'~J ,Om ,o3s~'aoaa) / \ 9 ~.-mJS ,. THE SMITH TRACT PLANNED DEVELOPMENT DISTRICT PD #I 15 DENTON, TEXAS EXHIBIT C- INTRODUCTION This Planned Development District located between Bonnie Brae Road and Westgate Road, south of Highway 77 in Northeast Denton is the result of land planning for a mixed-use meeting the mutual goals of the City of Denton, surrounding landowners and developer. Land Use Plan The land use plan falls within the guidelines of the current comprehensive plan and follows the proposed density model and planning goals for the new Denton Comprehensive Plan 1999-2000 prepared by City staff. ~District The Commercial District is set up to encourage traditional town planning for historic Texas towns which hay9 retail and office buildings at the front property line with pedestrian oriented Sidewalks and parallel parking in fron~ of the buildings. Large parking lots would be encouraged, but not required tO be placed behind the 'buildings. Street Infrastructure The street plan for the Smith Tract incorporates an East/West arterial across the northern part of the property, tying the 1-35 corridor to Bonnie Brae. There will be a North / South residential collector nmning through the center of the property connecting a southern entrance on Bonnie Brae to the East / West collector. Parks / Open Space This track of land has an open space park dedication requirement of 5.75 acres based on the number of single family and multi-family units. This district proposes three levels of parks and open space as follows. Level One A. A 18.22 acre joint use public park / school site in the Southwest corner of the development will be dedicated. B. Open space of 4.195 acres between the commercial and residential land uses to be used as a visual focal point at the roadway convergence. Area to be maintained by Home Owner's Association. Level Two Private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods. These would be maintained by private Homeowners' Associations. Level Three The developer has committed to an g0' R.O.W. for a North / South residential collector. This PD shall follow the City of Denton Zoning Ordinance in effect August 15, 1999, Chapter 35. All of the land uses in the PD use base zoning out of this ordinance and as amended as follows: X:199 PROJECTS199076-$mith Tract~Correspondencei9076PDI2.4.99. doc Page 1 PARCEL A ~ Commercial Office Gross Acreage: Public Dedicated R.O.W. Net Buildable Area: Maximum FAR: Maximum Dwelling Units: Maximum Height Restriction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Pear Yard Setback: Screening Wall or Fences: 23.38 ac. 3.93 ac. 19.45 ac. 2:1 0 2 stories 50' N/A per ordinance per ordinance per ordinance 0 feet in la'aditional town concept; per ordinance in any other concept. 0 feet in traditional town concept; per ordinance in any other concept. 10' 1. 2. All trash enclosures and' service areas must be screened with fencing or live hedge. There shall be a 6' masonry wall built between office/commercial uses and single family.. See Appendix Exhibit A Minimum Amenity Package: N/A Other Notes: · Commercial, retail and office uses are encouraged to be built to the l~ont property line with parking lots behind and parallel street parking encouraged as in a central business district model following traditional town patterns. · Developer will provide architectural elevations for detail plan review. X:199 PROJECls]99076-Srnith TracttCorrespondence~9076PD12-4-99.doc Page 2 PARCEL B - MF-I Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Permitted: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wale or Fences: Minimum Amenity Package: Other Notes: 11.43 ac. ' '- 0.5 ac. 10.93 ac. per ordinance per ordinance per ordinance per ordinance 20O per ordinance per ordinance per ordinance per ordinance :5' in traditional town concept; per ordinance in any other concept 10' per ordinance Security fencing of complex shall not be permitted. N/A Front yard set back of 5' to encourage traditional small town downtown model. Developer will l~rovide architectural elevations for detail plan review. X:t99 PROJEc'l~'I99076-Smith TracttCorrespondence19076PD124-99.doc Page 3 Parcel C AND E - SF - 5 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear'Yard Setback: Screening Wall or Fences: Minimum Amenity Package: 20.69 ac. 5.7 ac. 14.99 ac. 45' 95' 5000 s.f. 40% Parcel C: 106 lots Parcel E: 59 lots 2 ½ stories or 36' 1600 s.f. 2 ear garage pocket parks 25' 10' and 0' or5' + 5' per ordinance I. 12.07 ac. 2.62 ac. 9.45 ac. Masonry walls required where houses back to streets. See Appendix "Exhibit A". I. Pocket parks in all three tracts - acreage as follows: Parcel C: .732 ac; and Pamel E: .39 ac. Pocket parks to be maintained by a Home Owners' Association. 2. Two 3" caliper, 6S-gallon trees planted between the curb and sidewalk on each lot. 3. 80% masonry on structure as defined as net of windows and door openings. XA99 PROJEC'~99076-Smith Tract~Correspondence~9076PD12-4-99.doc Page 4 PARCEL D- SF-7 Gross Acreage: Public Dedicated R.O.W.: Net Buildablc Axes: Minimum Lot Width: Minimum Lot Depth: Min/mum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear .Yard Setback: Screening Wall'or Fences: 18.93 ac. $.65 ac. 13.28 ac. per ordinance per ordinance 7000 s.f. per ordinance Parcel D: 58 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Builder detail wood fence to be consistent along south propen'y line of parcel D. See Appendix "Exhibit B". Other Notes: X. q99 PROJEL-lb~99076-Smith TractlCorre~pondence~9076PD12-4-99.doc Page 5 pARCEL F- SF-? Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Waft or Fences: Minimum Amenity Package: Other Notes: 103.94 ac. 25.49 ac. 78.45 ac. per ordinance per ordinnnce 7000 s.f. per ordinance Parcel F: 390 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Wood fencing along east and north property line of Tract F adjacent to off-site neighbors shall be a builder required detail of a consistent design along property line. See Appendix, "Exh~"oit B". Pocket parks as desired less than 5 ac. To be maintained by a Home Owners' Association. X:~99 PROJECl:,199076-Smlth TractlCorrespondencelgo76PD12-4-99.doc Page 6 PARCEL G-- SF-10 Gross Acreage: Public Dedicated R.O.W.: Net Bnildable Area: Minlruum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Building Coverage: Maximum Dwelling Units: Maximum Height Restriction: Minimum Square Footage in Dwelling Unit: Minimum Parking Required: Open Space/Landscape Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall~or Fences: Other Notes: 8.24 ac. 1.47 ac. 6.77 ac. per ordinance per ordinance 10,000 s.f. per ordinance 25 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance X:199 PROJECT~99076-Smtth TracttCorrezpondencei9076PD12-4-99.doc Page 7 PARCEL H - SF-16 Gross Acreage: Public Dedicated R.O.W.: Net Buildable Area: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Size: Maximum Buikting Coverage: Maximum Dwelling Unit~: Maximum Height Restrict/on: Minimum Square Footage in Dwelling Unit: Ingress/~grcss: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear ~rard Setback: Other Notes: 8.55 ac. 1.47 ac. 7.08 ac. per ordinance per ordinance 16,000 s.f. per ordinance 17 per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance X:IP9 PRO. IF. CT3't99076oSmith TractlCorrespondence19076PD12.4-99.doc Page 8 PARCEL J - School / Park Gross Acreage: Public Dedicated R.O.W. Net Buildable Area: Maximum FAR: Maximum Dwelling Units: Maximum Height Restriction: Square Footage in Dwelling Unit: Minimum Parking Permitted: Sidewalks: Open Space/Lan~capc Buffer: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Screening Wall or Fences: 18.22 1.07 17.15 per ordinance N/A per ordinance N/A per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance per ordinance Minimum Amenity Package: N/A Other Notes: ' · School / park site is to be 18.22 ac., overall site. · Thc Denton Independent School District (DISD) will acquire ownership of the dedicated site. IfDISD ownership does not occur within 2 years of thc approved ZOning plan, thc dedication will revert back to its original SF-16 and SF-7 zoning classification, at the discretion of the developer. X:199 PROJECI~'I99076-Smith TractiCorre~pondenceLOO76PDI2-4-99.doc Page 9 ATTACHMENT 2 AREA CALCULATIONS FOR Z-99-073R (Smith Tract Detailed Plan, PD-I'I 5) Calculated By: LCR A. TOTAL AREA (Site and 200' Notice Area): B. AREA OF SITE ONLY C. AREA WITHIN 200' NOTICE AREA (A - B) Date Calculated: 12/29/99 291.03 Ac 194.06 Ac 96.97 Ac PROPERTIES IN OPPOSITION Location I Address 3321 Westgate 3311 Westgate 3301 Westgate 3211 Westgate 3201 Westgate 3121 Westgate 3101 Westgate 2901 Fladger 3015 Bonnie Brae Total Area in Opposition Area of property within 200' of subject property Area* 0.77 Ac 0.76 Ac 0.69 Ac 0.70 Ac 0.72 Ac 0.72 Ac 0.79 Ac 0.72 Ac 4.29 Ac 10.16 Ac PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 10.47 % 20. C:hMy Documents~ROJECTSXZonings\1999~Z-99~073 (Smith Tract Detailed P1)~Z-99-073R ORDINANCE.doc ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 194.064 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-073) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, on January 4, 2000, by Ordinance 99- the City Council approved a change in zoning for 228.911 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Intermandeco, Inc. has applied for detailed plan for Planned Development 115 (PD-115)containing 193.888 acres of land; and WHEREAS, on December 15, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the amended concept plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "B" for 193.888 acres located within PD-115, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, is hereby approved. SECTION 2. That any person violating any provision of this ordinance shall, upon conviction, be fined a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 3. That the provisions of this ordinance, as they apply to the 193.888 acres described by Exhibit A~ severn and control over any conflicting provisions of ordinances relating to PD-115, as they relate to subject property, but all the provisions of said ordinances relating to PD- 115 as they apply to the remainder of the planned development district not herein amended shall continue in force and effect and shall apply to the remainder of said district. 21. C:WIy Documents~PROJECTSXZonings\1999XZ-99-073 (Smith Tract Detailed P1)~Z-99-073R ORDINANCE.doe SECTION 4. That a copy of this ordinance shall be attached to PD-115, showing the amendment herein approved. SECTION 5. That this ordinance shall become effective fourteen (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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 22. ...... Page 2 AGENDA DATE: DEPARTMENT: DCM: AGENDA INFORMATION SHEET January 4, 2000 Planning Department David Hill, 349-8314 Agenda No. 0,~_~)~.~. ...... Agenda Iten~ Date - , , SUBJECT - Z-99-085 (3912 Teasley Lane) Hold a public heating and consider a request to amend condition one (1) of Ordinance No. 95- 198. The 1.2+ acre property, commonly known as 3912 Teasley Lane, is located at the northwest comer of Teasley Lane and Ryan Road and is zoned General Retail conditional [GR(c)] to allow auto laundry as a permitted use. The Planning and Zoning Commission recommends approval (6 - 0) with conditions. BACKGROUND Ordinance No. 95-198 approved the rezoning of the subject property from Agricultural (A) to General Retail (GR) zoning designation and land use classification in 1995, but prohibited certain land uses usually allowed by right within the General Retail (GR) zoning designation, including "auto laundary", which is not defined in the Denton Land Use Code, but has been interpreted to mean "car wash". A convenience store/gas station has been developed on the property. The applicant has requested that the condition of the rezoning that prohibited certain uses be amended to allow the development of an automated car wash on the property. In addition to a list of prohibited uses, Ordinance No. 95-198 also limited the square footage for all buildings on the property to 4,000 square feet, curtailed the use of corrogated or other metal buildings, and limited the height of development to one (1) story. The Planning and Zoning Commission recommended several conditions to the request: 1. Construction of an Auto Lanndary on the property shall be architecturally compatible with the existing structure on the property; 2. "Auto Laundary", for the purpose of this case, shall be defined as a single unit, touch- free, automatic drive-through car wash, shall not contain individual hand-held units, and shall serve as an accessory use to the primary convenience store/gas station; and 3. Any new site lightin on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffussion into the night sky. OPTIONS The Council may approve the request as presented or with additional conditions, deny the request, or continue the public hearing to a date certain with a request for additional information. RECOMMENDATION The Planning and Zoning Commission recommended approval with conditions (6 - 0) of the request to amend condition one (1) of Ordinance No. 95-198 at its meeting on December 1, 1999. 1. PRIOR ACTION / REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommended approval with conditions (6 - 0) of the request to amend condition one (1) of Ordinance No. 95-198 at its meeting on December 1, 1999. FISCAL INFORMATION Development resulting from the amendment of the condition of the General Retail zone district will result in an increase in property values and sales tax collections. There is likely to be little or no increase in public expenditure to accommodate any related development. ATTACHMENTS 1. Planning and Zoning Commission Report, Z-99-085 2. Planning and Zoning Commission minutes from December 1, 1999. 3. Draft ordinance. Respectfully submitted: Mark Donaldson Assistant Director, Planning and Development 2. Agenda Item PLANNING AND ZONING COMMISSION Date STAFF REPORT Subject: 3912 Teasley Lane Staff: Charles R. Fenner Case Number: Z-99-085 Agenda Date: Deqember 1; 1999 Hold a public hearing and consider making a recommendation to the City Council concerning an amendment to Ordinance 95-198(see enclosure 5). The amendment would remove a prohibited use, auto laundry, described in Exhibit 2, of Ordinance 95-198. The applicant would like to build an auto laundry(car wash) on the property that is currently being used as a fuel station., Location: Size: 3912 Tealey Lane 1.233 acres LOCATION MAP Il Rlename Applicant: Mohammad Rayeparvar 3912 Teasley Lane Denton, Tx 76205 Owner: Same as applicant The developer is requesting an amendment to Ordinance 95-198 for the 1.233 acre property. There is a convenient/fuel store being operated on the property right now. The owner/applicant would like to construct an auto laundry(drive-thru car wash) on the property. When the property was rezoned in 1995, auto laundry was included in Exhibit 2, of the prohibited uses of Ordinance 95-198. The applicant would like to have auto laundry removed from the prohibited use list found in Exhibit 2, of Ordinance 95-198, to allow him to construct the car wash. -', Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). January t4, 1969 - The subject property was placed in the Agriculture (A) zoning district and '= land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton October 17, 1995 - The subject property was rezoned from the Agriculture zoning district classification and use designation with Specific Use Permit 140 (S-140) to the General Retail Condition (GR(c) zoning district. · .Notice of the zoning request was published in.the Denton ReCOrd-Chronicle on Sunday, November 14, 1999. Seven ·Property owners within two hundred feet were mailed legal notice's and twenty-eight residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4). As of this writing, there have been no responses. Rlename Staff believes that the proposed car wash will be a convenience stop rather than a m~jor destination oriented business, similar to the Texaco car wash on the southwest comer of University and Elm. If the proposed car wash is architecturally compatible with the existing store, is and accessory use secondary to the primary convenience/gas Station, is operated as a drive- through wash. rather than a hand bay style.waSh, and any new Site lighting is designed .propedy(along.with landscaping and open space that. is required by code) the impact tothe' ~ surrounding neighborhood and road network will be minimal. I Staff recommends approval of Z-99-085, to amend Ordinance 95-198 by removing Auto Laundry from Exhibit 2 as a prohibited use, with the following conditions: 1. Construction of an Auto Laundry on the property shall be architecturally compatible with the existing structure on the property. 2. Auto Laundry, for the purpose of this case, shall be defined as a single unit, touch free, automatic drive-thru car wash and shall not contain individual hand held units. 3. Any new site lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. I move to recommend approval of Z-99-085, to amend Ordinance 95-198 bY excluding Auto Laundry from Exhibit 2 as a prohibited use, with the conditions outlined by staff. 1. Recommend approval as submitted. 2. Recbmmend approyal with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Zoning Map 2. Utility Map 3. Denton Mobility Plan Map 4. 200'-500' Notification Map 5. Ordinance 95-198 6. Draft Ordinance Rlename Z-99-085 (3912 Teasley Lane) 'ENCLOSURE i NORTH A PD-93 Site ZONING MAP Agenda Date: December 1, 1999 Scale: None Z-99-085 ENCLOSURE (3912 Teasley Lane) NORTH UTILITIES MAP · Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: December 1, 1999 Scale: None Z-99-085 (3912 Teasley Lane) NORTH DENTON MOBILITY.-PLAN 'MAP Freeways Primary Major Arterials ",' Secondary Major Arterials ;.." '........" Collectors Agenda Date: December 1, 1999 Scale: None ENCLOSURE 4 Z-99-085 (3912 Teasley Lane) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mail: 500' Courtesy Notices sent via 1't Class Mail: · Number of responses to 200' Legal Notice · Opposed:, · In Favor: · Neutral: Percent of land within 200' in opposition: X% Agenda Date: December 1, 1999 Scale: None ENCLOSURE 5 ORDIN/~TCE NO. ~.,~- /F8 AN. ORDINANCE OF THE 'CITY. OF DENTON,. TEXAS,. PROVIDING FOR A CHANGE FROM THE AGRICULTURAL. ZONING DIS.TRiCT .CLAS. SIFiCATION AND USE DESIGNATION WITH SPECIFIC USE PERMIT 140 (S-140) TO THE GENERAL RETAIL CONDITIONED (GR(c)) ZONING DISTRICT CLASSIFICATION AND-USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lakeview West Joint Venture has applied for a change in zoning ~or ~123~ acres of land from t~e Agricultural zoning district c~assizication and use designation with Specific 'Ose Pexmit 140 (S-140) to the General Retail Conditioned (GR(c)) zonihg district classification and use designation; and WHEREAS, on September 13, 1995,. the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will bein compliance with the Denton Development Plan; NOW,.THEREFORE 'THE CouNCIL OF THE:'CITY OF DENTON HEREBy ORDAINS: SECTION I. That the zoning district classification,and use designation of the 1.233 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from Agricultural with Specific Use Permit 140 (S-140) to the General Retail Conditioned (GR(c)) zoning district classifi- cation and use.designation under the comprehensive zoning ordinance of: the City o~ Denton, Texas, subject to the following conditions: The uses described in Exhibit 2, attached hereto and incorporated by reference herein, are prohibited. Thelmaximum square footage.for all building(s) on the 1.233'acres shall.be no more'.than.four thousand (4,000) square feet. There be no corrugated or other metal buildings on the 1.233 acres. All building(s) shall be limited in height to one (1) story. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 10. $2,000.00. Each day that a provision of this.ordinance is vlolated shall constitute a separate and distinct ·offense.. · SECTION IV. That thisordinance shall become effective foUr- teen (14) days from the date of its passage, and the City Secretar~ is hereby directed to cause the caption published twice in the Denton Record-Chronicle, a daily newspaper. published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /~"~ day of ~~.., ~995. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY FIELD NOTES "~IT. FOI All that certain 1.233 acre ~act or parcel of land situated in the Jeremiah Fisher Survey, Abstract. Number 421, .Denton Coun,ty: Texas, said tract being par of a tract cOnveyed to · Park 'InVestments by deed recorded m Volume 1392, page:985 of.the Real property, Records of Denton coUnty, Texas; said 1.233 acre tract being more particularly described as follows: .................... · Beginning at the southeast comer of the tract being described herein at a point in Ryan Road, said point also being the southeast comer of said Park investments tract, said point also being in the west fight-of-way line of Farm to Market Road 2181, also known as Teasley lane; Thence South 89 degrees.02 minutes 32 seconds West with the apparent centerlin~ of Ryan Road a distance, of 486.70 feet to a point for the southwest comer of the herein described tract; Thence North 56 degrees 03 minutes 50 seconds East, along and near a fence, a distance of 405.60 feet to a point for the north comer of the herein described tract, said point also being in the east line of said Park Investments tract and the west fight-of-way line of said Teasley Lane; Thence SoUth 34 degrees 31 minutes 00 Seconds East with said Park Investments east line and said Teasley Lane west fight-of-way a distance of 264.94 feet to the Point of Beginning, containing in all 1.233 acres of land. 12. Exhibit 2 List o[ Proh~bited Uses Z-95-019 Community Unit Development Dormitory, 'Boarding or. Ro0m~ng-H~use.. .. Hotel or Motel ·. ' . ChurCh or RectOry College or University or'Private'School ............................ Community Center (Public) Group Homes Halfway House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center .School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (Private) Electrical Substation Electrical Transmission Line .Fire Station or Similar Public Safety Building Gas TransmisSion Line.and Metering Station Home OccuPatiOn Radio and/or Television Microwave Tower Sewage Pumping Station .. Private Swimming Pool Telephone Line Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Playf~eld or Stadium Swim or Tenn£s Club Theater, Other than Drive-in Railroad Passenger Station .Railroad Track or Right-of-w Commercial parking Lot or. St Auto Laundry- Mortuary or Funeral Parlor Retail Stores and Shops - Ov Cemetery or Mausoleum Fairground or Exhibition Are Fraternity, Sorority, Lodge Private Utility Shop or Stor Public Building, Shop, Yard Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or He[ Type cucture . :r 4,000 square feet 9r Civic Club age Yard )f Local, State, or Federal Government iport 13. the amendments herein approved. SECTION V. That any person conviction, be freed a sum not exceeding · qiolated shall constitute a separate and di ,. sECTION VI.. That this 0rdinanc of its p~ City Secretary is h published twice in the Denton Record-Clu Texas, within ten (10) days of the date ot PASSED AND APPROVED this ATTEST: JENNIFER WALTERS, CITY SECRE~ BY: APPROVED AS TO nEaAL HERBERT L. PROUTY, CITY ATTOt BY: violating any provision of this ordinance shall, upon $2,000.00. Each day that. a provision of this ordinance is stinct offense. e Shall become effective.fourteen (14) days from the'date ~reby directed to cause the caption of this ordinance to be onicle, a daily newspaper published in the City of Denton, 'its passage. the__ day of ., 1999. JACK MILLER, MAYOR ARY NEY 15. $ ATTACHMENT Planning and Zoning Commission Mi utes ~___ December 1, 1999 i Page 2 of 2 PUBLIC HEARING -AMENDING E~ Continue a public hearing and con,, concerning the amendment to Secl property is generally located at 244 proposal is to remove the 15-foot b 2446 Lillian Miller Parkway, Charle,, 2 ISTING ORDINANCE ,ider making a recommendation to the City Council ion 1(8) of Ordinance 96-187 for 0.456-acres. The 6 Lillian Miller Parkway just south of 1-35E, The Jfferyard from the southern property line. (Z-99-071- R. Fenner) Motion by Salty Rishel and seconded by meeting. R *Discussion of item is included in Court eporter's transcript attached to this set of minutes (Page 5). Motion carries 6-0. Perry McNeill to continue to next regularly scheduled 5. Hold a public hearing and consider concerning the amendment to con( property is zoned General Retail cc of Teasley Lane (FM 2181) and Ry proposal is to allow an auto laundr Charles R. Fenner). Motion by Perry McNeill and seconded b~ Salty Rishel to recommend approval to City Council with conditions. *Discussion of item is included in Court F ~eporter's transcript attached to this set of minutes (Page 17). Motion carries 6-0. OTHER ITEMS FOR CONSIDERATI~)N 6. Consider adopting a resolution to amend the "Rules of Procedure" of the Planning and Zoning Commission to change the :ime of regularly scheduled meetings to 5:30 p.m. and to change the title "Director of Plan ting" to "Director of Planning and Development". making a recommendation to the City Council ition one (1) of Ordinance No. 95-198. The 1.2 acre nditional (GR(c)) and is located at the northwest corner ~n Road. commonly known as 3912 Teasley Lane. The 'as a permitted use. (Z-99-085, 3912 Teasley Lane, Motion by Salty Rishel and seconded by *Discussion of item is included in Court (Page 25). Motion carries 6-0. DIRECTOR'S REPORT 7. Council Action. 8. Future Agenda Items. BRIEFING 9. Perry McNeill to approve. [eporter's transcript attached to this set of minutes Receive a briefing regarding the at, option of interim development standards for residential development that would apply for the period from adoption of the Comprehensive Plan through adoption of a new DeveloRment Code. 16. CondenseltTM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 i Page 17 to continue Item No. 4. Any discussion? Vote, please. Motion carries 6-0. We'll move on to Item No. 5 which is by hold a public hearing and consider making a recomm mdation to the City Council concerning the amendment to, ,.ondition 1 of Ordinance 95-198. The 1.2-acre property is :~ned General Retail Conditioned and is located at the northwest comer of Teasley Lane and Ryan Road commonly known as 3912 Teasley Lane. The proposal is to allow a~ auto laundry as a permitted use. At this time, I'll op~ the public hearing and ask for the staff report. MR. REICHHART: Thank you very much. ! An auto laundry is a carwash. Let me get that out of theI way. We are looking at a site at the northwest comer of Ryan and Teasley. There's an existing convenience store/ station on the site fight now. The applicant wo] to construct a carwash on the site. It is a drive- carwash. In the backup, we note that with that any new development, that site would have to c landscape requirements for the site. Seven property owners within 200 feet property were notified of this request. To date, hasn't been any opposition or any responses at have gotten a number of phone calls. The majo folks have first questioned what is auto lanndr Page 19 1 hand-held units; and the third condition is that any new 2 site lighting on the property shall be designed and 3 maintained so as not to shine on or otherwise disturb 4 surrounding residential property or to shine and project 5 upward to prevent the diffusion into the night sky. Any 6 questions? 7 MR. ENGELBRECHT: commissioners, questions? I Fas dd like :hrough arwash or ~mply with 25 drive-through carwash and shall not contain in. PLANNING AND ZONING COMMISSi Df this there dl. We Sty of and we Page 18 8 have one. With regard to Condition No. 3, will that 9 prevent this facility from putting in those lights in the 10 canopy that sort of make the property glow in the night 11 across half of Texas? 12 MS. GOURDIE: It already does. It already has 13 it on the property. 14 MR. DONALDSON: Any new lighting on the 15 property is the way the condition reads. 16 MR. ENGELBRECHT: Which -- does that mean if a 17 light bulb goes out that -- 18 MR. DONALDSON: I would imagine any new 19 fixtures. 20 MR. ENGELBRECHT: But that would preclude any 21 additional or further use of those canopy -- those lights 22 that drop down below the canopy and, in essence, shine out 23 as a beacon. 24 MR. REICHHART: Correct. It should. 25 MR. RISHEL: I mean, I presume the structure tell them what it is, they thought it would be a ~ 1 convenient location and expressed no opposition. 2 We don't feel, our analysis, is that the 3 carwash itself is going draw that much more tre ~c to the 4 area. It will be more of a convenience-oriented business 5 as people are driving by as opposed to going w: By out of 6 their way to get to it. And, therefore, we didn'~ feel 7 that an amount of traffic generated by this wou d be up 8 and above what is already out there, i 9 The concerns we did have were that the -- 10 almost with any site that, you know, any of the] 11 architectural elements on the site is compatible to what 12 is already existing out there and then what is i~ the 13 surrounding neighborhood. The fact that it was a 14 drive-through carwash as opposed to the ones ygu pull in, 15 get out, and use the hand wash or wand bay we: an added 16 amenity. Any new lighting on the site would ~ ave to be 17 designed so it wasn't objectionable to the neigt borhood. 18 And based on that analysis, staff recon mends 19 approval with three conditions: that the constr ~ction of 20 the auto laundry on the property shall be archit :cturally 21 compatible with the existing structure on the p~ operty; 22 auto laundry, for the purposes of this case, sha] be 23 defined as a single-unit touch-free automatic 24 tividual 25 iON DECEMBER 1,1999 Page 20 itself is going to have some lighting on it itself, right? MR. REICHHART: The applicant has not even addressed -- MR. mSHEL: It might illuminate the entryway and the exit way. MR. REICHHART: I would believe so. MR. RISHEL: okay. So if it's something that's mounted on the structure it may be something to be of concern to us and I understand what Jim is saying. MR. ENGELBRECHT: Mr. McNeill. MR. MCNE1LL: I had a question but Mr. Rishel shut me off there. MR. RISHEL: EXCUSe me. MR. MCNEILL: You're talking about canopies. This is a carwash. There wouldn't be a canopy on the carwash, would there? MR. REICHHART: YOU could construct one of the fabric canopies all around it to really make it stick out. MR. ENGELBRECHT: well, the other aspect of that is this actually applies -- these conditions will apply to the entire property. And, therefore, the canopy that's there now, if the lights are changed out, they cannot be those bright, glowing things that we're beginning to see. MR. MCNEILL: It says any new site lighting. Page 17 - Page 20 17, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 I CondonseltTM I Page 21 MR. ENGELBRECHT: Right. Which woul~ mean 1 that if -- that's why I was asking if they change i' what 2 defines new? If the light fixtures are changed o~t -~ 3 MR. REICHHART: But I don't think it's ~ 4 replacement bulbs. 5 MR. ENGELBRECHT: NO, no. That's whyiI was 6 asking that. 7 MR. MCNEILL: Okay. Thank you. 8 MR. ENGELBRECHT: WO have an attorney's 9 I 10 opinion here. ~ MR. SNYDER: I had a suggestion. I mad~ this 11 before and I guess I forgot to make it at the pre- eeting again this morning, but thc auto laundry, it mi~t be 13 better if it was specifically stateA in here that it (viii 14 be an accessory use to the existing convenience itore on 15 the property. Is that what it is, a convenience store? 16 ~ 17 MR. MCNEILL: Yes. i MR. REICHHART: convenience store/gas itation. 18 MR. SNYDER: In other words, it would be an 19 accessory use. If this property ever redeveloped~ you 20 couldn't put an automatic single-unit, touch-fre~, 21 automatic drive-through carwash. It could then~etically 22 become larger than just an accessory use. Just ~ 23 suggestion, i 24 MR. ENGELBRECHT: Any other questionS 25 ~ Page 22 Commissioners? All right. Thank you, Mr. Re!cb. hart. MR. MCNEILL: EXCUse me. ~ MR. ENGELBRECHT: oh, I'm sorry. Do ~ou have any questions? i MR. MCNEILL: yeah, and I didn't push my button. I'm sorry. Is there some reason legally!we have to say auto laundry instead of carwash? MR. REICHHART: Only because that's th~ term used in the ordinance. MR. MCNEILL: okay. MR. ENGELBRECHT: Ally other question ;? Mr. moreno. , MR. MORENO: Yeah, I kind of had the s mae question. Is there a distinction between canvas a and auto laundry in our ordinances? MR. REICHHART: NO. I don't think cm ~ash is mentioned in the ordinance. It's auto laundry.' MR. MORENO: Because a carwash could be something like you see on Dallas Drive where: t's kind of a full-service type of thing or it can be thc one: that you're talking about with the hand-held wands!or it can be an automatic. 1 MR. REICHHART: well, that's why we tried to Page 23 the car and you drive out, at least for the purpose of this case and that's why we did that. MR. MOP, ENO: I guess my question is for future USe '- MR. REICHHART: I thiak that might be addressed in our code rewrite and everything. MR. MORENO: YOU might look at it as far as a definition problem. MR. REICHHART: Right. There's at least three different levels that you can get into. MR. ENOELBRECHT: I gUeSS the industry doesn't want to confuse themselves with what the Ryan High School kids and the tn, rr students do out on University Drive. I don't know. MR. RISHEL: Lot's not go and leave out Denton High. Excuse me. MR. ENOELBRECHT: ^nd Denton High. MR. RISltEL: Equal rights. MR. ENOELBRECBT: And tho junior highs. Okay. Any other questions? Thank you. Is the petitioner or petitioner's representative present? Yes, sir. Would you cam to make any conunents? All right. Let it be noted for the record that tho petitioner's representative indicated they did not care to make any conunents even though they wore present. Is ~ anyone pre~ent who Page 24 I would like to speak in favor of this petition? Anyone 2 present to speak in favor of the petition? In that case, 3 anyone present to speak in opposition to the petition? 4 Anyone present to speak in opposition? Seeing no 5 opposition, we will waive the rebuttal. Public hearing is 6 closed. And, Mr. Reichhart, any final staff -- 7 MR. REICHHART: staff recommends approval with 8 three conditions and the fourth added by Mr. Snyder. 9 MR. ENGELBRECHT: Which would basically be, as 10 I understand, we would simply say auto laundry and then 11 insert "as an accessory use." 12 MR. SNYDER: Yes. 13 MR. ENGELBRECHT: okay. All right. 14 Commissioners, any questions, comments, or a motion? 15 MR. MCNEILL: Motion. I move to recommend 16 approval of Z-99-085 to amend Ordinance 95-198 by 17 excluding auto laundry from Exhibit 2 as a prohibited use 18 with the conditions outlined by staff and as amended at 19 this meeting. 20 MR. RISHEL: second. 21 MR. ENGELBRECHT: It'S been moved and seconded 22 to recommend approval with conditions. Any discussion om 23 the motion? Vote, please. Motion carries 6-0. Thank identify it in the conditions that it would be th~ 24 you, Mr. Reiehhart. 25 automatic drive-through where it goes back anq forth over 25 MR. REICHHART: Thank you. PLANNING AND ZONING coMMIsSION DECPM'I:~ER 1,1999 Page 21 - Page 24 S:\Our Documents\Ordinances\99XZ-99-085 Ordingnce.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF )ENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDIb'ANCE 95-198 WHICH ESTABLISHED A GENERAL RETAIL CONDITIONED (GR(C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES )F LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181) ALSO KNOWN AS 3912 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-085) WHEREAS, Mohammed RayeCarvar has applied for an amendment to the conditions of Ordinance 95-198, which establishedi an General Retail Conditioned (GR[c]) zoning district classification and use designation with iSpecific Use Permit (S-140) for 1.233 acres of land; and WHEREAS, on December 1, 1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of Ordinance 95-198; and WHEREAS, the City Council finds that the change in conditions of Ordinance 95-198 will be in compliance with the 1988 Denton iDevelopment Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' SECTION 1. That the conditions of Ordinance 95-198, which established a General Retail Conditioned ('GR[c]) zoning district classification and use designation with Specific Use Permit (S- 140) for the subject 1.233 acre property, described in Exhibit 1 attached hereto and incorporated into this ordinance by reference to be amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: As referenced in Exhibit 2 of Ordinance 95-198, Auto Laundry shall be removed from the list of prohibited uses. ConstruCtion of an Auto Laundryion the property shall be architecturally compatible with the existin~ structure on the property. Auto Laundry, for the purpose ol~this ordinance, shall be defined as a single unit, touch flee, automatic drive-thru car wash, sl~all not contain individual hand held units, and shall serve as an accessory use to the primarY convenience store/gas station. Any new site lighting on the property shall be designed and maintained so an not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent diffusion into the night sky. SECTION 2. That the citY's official zoning map is amended to show the change in zoning district classification. SECTION 3. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 95+ 198, but all provisions of Ordinance 95-198 as they apply to the remaining portion of the zonin~ district land use regulations not herein amended, shall continue in full force and effect. : SECTION 4. That a copy ofthig ordinance shall be attached to Ordinance 95-198 showing the amendments herein approved; SECTION 5. 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 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is ~ereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date 4fits passage. PASSED AND APPROVED th~s the __ day of .,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 FIELD NOTES " Ail that certain 1.233 acre tract or parcel of land situated in the Jet Abstract Number 421, Denton Co-r~, '" ...... '-, ...... '. . e. miah Fisher Survey, · ,~,,., 0, c^,~, ~a~u crac~ oemg pan or a tract conveyed to Park InVestments bY deed recorded in Volume '1392, page 985 of the Real Prop. erry. Records of DentOn County, Texas; Said 1.233 acre tract bein more ' as follows: · . ................. g. particularly described Beginning at the southeast comer Of the ~ract being described herein at a point in Ryan Road, said point also being the southeast comer of said Park investments tract, said point also being in the west right-of-way line of Fa,- to Market Road 2181, also known as Teasle¥ Lane; Thence South 89 degrees 02 minutes 32 seconds West with the apparent centerline of Ryan Road a distance, of 486.70 feet to a point for the southwest comer of the herein described tract; Thence North 56 degrees 03 minutes 50 seconds East, along and near a fence, a distance of 405.60 feet to a point for the north comer of the herein described tract, said point also being in the east line of said Park Investments tract and the west right, of. way line of said Teasley lane; ' Thence SoUth 34 degrees 31 minutesi00 Sec6nds East with said Park Investments east line and said Teasley Lane west right-Of-way a distance of 264.94 feet to the Point of Beginning, containing in all 1.233 aCres of land. 10. Rxh:Lb~t 2 L~s~ ~f Proh~b£~ed Uses Z-95-019 Community Unit Developmentl Dormitory, Boardin~ or-Roomkng-H~use Hotel or Motel "· Church or Rectory College or University or'Private'School Community Center (Public) Group Homes Halfway House Home for Care of Alcoholic; Narcotic, or Psychiatric Patients Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature ~hlic Library Monastery or Convent Nursing Home or Residence Home forAged Park, Playground or Public iCommunity Center .School, Private Primary or iSecondary School, Public or Denominat!ional School, Business or Trade Community Center (Private) Electrical Substation Electrical Transmission Line' Fire Station or Similar Public Safety Building Gas Transmission Line and M~tering Station Home OccupatiOn Radio and/bt Television Microwave Tower Sewage Pumping Station Private Swimming Pool Telephone Line Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Playf%eld or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station . Railroad Track or Right-of-Way Commercial Parking Lot or S~ructure Auto Laundry. Mortuary or Funeral Parlor Retail Stores and Shops - Over 4,000 square feet Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodgeior Civic Club Private Utility Shop or Storage Yard Public Building, Shop, Yard!of Local, State, or Federal Government Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport 11. AGENDA INFORMATION SHEET Agenda No. Agenda Item Date I- AGENDA DATE: DEPARTMENT: DCM: January 4, 2000 Planning Department David Hill, 349-8314 SUBJECT - Oakmont II annexation and zoning (A-94) Hold a public hearing and consider adopting an ordinance annexing approximately 1.5 acres located west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). Second reading, A-94. This property is involved in a proposed boundary adjustment with the City of Corinth. The boundary adjustment is generally located in the Oakmont area of Denton and Corinth. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement (MOA) regarding the adjustment of boundaries between the two cities in the Oakmont II area. The area within the Oakmont II subdivision is generally located north of Robinson Road and west of State School Road. To accomplish the proposed boundary adjustment, areas of both Denton and Corinth must first be disannexed and released from their respective extraterritorial jurisdictions. Once this is accomplished, the areas can be annexed and zoned by the cities according to the criteria outlined in the MOA. The disannexation and annexation processes required two public hearings, conducted September 7 and September 21. This first reading of the annexation ordinance was approved October 12, 1999, instituting formal annexation procedures. The ordinance was published in the Denton Record- Chronicle on October 24, 1999. This second and final reading of the ordinance was delayed from its original December 7, 1999 date to accommodate the disannexation by the City &Corinth which was completed on December 16, 1999. The MOA states that zoning requirements of the annexed property will not change the current status of the development. Within Denton, the Oakmont II area is within a conditioned One-Family Dwelling (SF-7[c]) zone district. The only condition of the underlying zoning relates to a required landscape buffer along the proposed route of FM 2499. The annexed area is not adjacent to the proposed FM2499 right~of-way. The proposed zoning as recommended by the Planning and Zoning Commission is One-Family Dwelling (SF-7). OPTIONS Approval of the MOA committed the city to proceed with the proposed boundary adjustment. 1. RECOMMENDATION · The Planning and Zoning Commission recommended approval of the proposed annexation and One-Family Dwelling (SF-7) zoning designation at its September 22, 1999 meeting. PRIOR ACTION / REVIEW (Council, Boards, Commissions) · Memorandum of Agreement between Corinth and Denton was approved by City Council in February, 1999. · First public hearing was conducted September 7, 1999. · Second public hearing was conducted September 21, 1999. · The Planning and Zoning Commission recommended approval of the proposed annexation and zoning at its September 22, 1999 meeting. · The Council approved the first reading of the ordinance at its October 12, 1999 meeting. · The City of Corinth approved the disannexation of this property at its December 16, 1999 meeting. FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost savings for both cities. A service plan has been prepared and is incorporated into the annexation ordinance. The capacities of infrastructure and services are adequate to provide service to the proposed annexation. ATTACHMENTS 1. Location Map. 2. Site Map. 3. Draft Ordinance. 4. Schedule. R~ectfully submitted: Mark Donaldson Assistant Director, Planning and Development 2. · ATTACHMENT LOCATION MAP OakmontlV ,., ~ . . ..... ATTACHMENT 2 %-. Annexation to Denton ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS COMPRISING 1.552 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE (A-94). WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on February 4, 1999; and WHEREAS, the subject property is within the effective utility and service delivery area for City of Denton municipal services; and WHEREAS, pursuant to said MOA, the City of Denton wishes to extend its City limits line to include the 1.552 acres as described in Exhibits B and C of the MOA; and WHEREAS, public heatings were held in the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on October 12, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the tracts of land described in Exhibits B and C of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas. SECTION 2. That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 3. That the annexed property is classified as One-Family Dwelling (SF-7) zoning district classification and land use designation. .SECTION 4. That the City's official zoning map' is amended to reflect this annexation and show the One-Family Dwelling (SF-7) zoning district classification and land use designation. SECTION 5. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibits B and C of the MOA regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION 6. That any person violating any provision of this ordinance relating to the One-Family Dwelling (SF-7) zoning district classification and use designation 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 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 A STATE OF TEXAS § courrr¥ § . '.. .MEMO~UM OF AGI~EMENT : This Memorandum of Agreement ("Agreement") is entered into as of the 4th day of February, 1999, between the City of Dcnton, Texas ("Denton"), a Texas home municipality and the City of Corinth, Texas ("Corinth"), a city organized under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually a~reeable changes in their boundaries of areas that are less than 1,000 feet in .., width; and WHEREAS, it appears that the existing city limits lines between D~hton and Corinth bisect a number of residential lots in a subdivision of Denton County.known as Oakrnont II; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between. the two cities that woUld not split any lots in the Oakrnont II subdivision and would basically nm along property lines as shown by the maps attached hereto as an exhibit; and WHEREAS, the owner of Oakrnont II has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the Public interest and to enhance the future growth and development of both cities; Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and COrinth agree as folloWs: ' - 'I. DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION i.01 Denton agrees that it will disannex and ....... waive extratemtonal jurisdiction over the 2.107 acre tract of land described in Exhibit "A", attached here"to and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code and the Denton City Charter. Page I 19355 e ,1.02 Corinth agrees that it will disannex and waive · · ' .... extraterntonai jurisdiction over tracts of 1.469 acres and 0.83 acres respectively, descrlb¢-d in Exhibits "B" and "C'; attached hereto and made part hereof for ail purposes, in the manner provided by Chapter 43 of the Texas Local Government Code. 1.03 Upon the disanr/exation and waiver ofextratdrritoriai jurisdiction by Denton and · Codnfl{ as .provided in'Sections' 1.01 and 1.02 above, the boundariei 'of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions· by each contemplated in Section II. II. ANNEXATIONS Corinth agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A". Denton agrees that it will proceed in the manner provided by law to annex the property described in Exhibits "B' and "C"..The partie~": understand and agree that the existing city limits and the proposed city limits are fairly and accurately depicted on the annexation exhibit prepared by USA Professional Services Group, Inc., dated May, 1998, attached hereto as Exhibit "D" and made part hereof for all purposes. III. ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property. The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. CHARACTER OF AGREEMENT; BREACH The parties agree that this Agreement is entered into only for the disarmexation and anne'xafion of the tracts described herein and is not an inteflocal coOperation agreement for the joint Performanc6 of anY services by the parties. Failure of either City to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieve~ City may file suit in a court'of competent of'jurisdiction to enforce the provisions of this Agreement, including recover)' of court costs and attorney's fees. Page 2 19355 The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law: .... - SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unehforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their' respective governing bodies, have caused this Agreement to be executed in duplicate originals as of the date first written above. CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS APPROVED AS TO FORM: CITY ATTORNEY - 14 < ~ ~ P~o ~-_~ (rld/sb 11-17-98) B ' ~-V/~.YOR ATTEST: CITY SECRETARY ('~'~I~PROVED AS TO FORM' CITY ATTORNI~Y Page3 e 1935.~ Zxhib:Lt *'At' DEANNEXATION FROM THE CITY OF DENTON, TEXAS 91,797 Square Feet or 2.107 Acres · 'May, 1998 BEING a tract Or parCei of iar~d'SJ[u~ted' in th® Stephen Hembrie Sur~ey, Abstract Number 643, in the City of Denton, Denton county, TeXas, and being part of a tract of land conveyed to Lennox Oaks II, L.P. by Deed recorded in the Real Property Records of Denton COunty, Texas, Denton County Clerk's File Number. ., and being more particularly described as follows: COMMENCING .at a point at the intersection of the East line of State School Road (a 60 foot wide right-of-way) With the South line of Hidden Oaks (a 75 foot Wide right-of-way), said point also being the Northwest comer of Lot 20, Block' 12 of Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas; THENCE South 15°44'00" East along the East line of said State Schbol Road, a distance of 144.28 feet to a point for corner; THENCE South 74°16'00" West departing the East line of said State School Road, a distance of 344.00 feet tO the POINT OF BEGINNIN(~; THENCE North 15°44'00" West a diStance of 725.15 feet to a point for corner; THENCE NOrth 87°01'55" East a distance of 119.97 feet to a point for comer; THENCE North 59°31'13" East a distance of 61.43 feet to a point for corner; THENCE North 74°16'00" East a distance of 82.70 feet to a point for corner; THENCE South' 04°12'20" West a distance of 759.83 feet to the POINT OF BEGINNING and containing 91,797 square feet or 2.107 acres of land, more or less. 10. F-,xh:l.b ~ t: "]P*. ANNEXATION TO TH'E ' CITY. OF DENTON, TEXAS 64,006 Square Feet or '1.469 Acres · May,.1998 ' BEING a tract or parCei of ·land 'Situated in thd LeVi young Survey, 'Abstract Number 1451, in the City'of Denton, Denton county, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L.P. by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number. , and being more particularly described as follows: COMMENCING at a point at the intersection of the East line of State School Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot wide right-of-way), said point also being the Northwest comer of Lot 20, Block 12. of Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas; THENCE South 15°~.4'00" East along the East line of said State School Road, a distance of !44.28 feet to a point for corner; THENCE South 74°16'00" West departing the East line of said State School Road, a distance pf 344.00 feet to the POINT OF' BEGINNINGi THENCE South 15°~.~'00" East a distance of 387.85 feet to a Point for corner; THENCE South 38°24'50" East a distance of 84.72 feet to a point for corner; THENCE South 08°29'39" East a distance of 57.69 feet to a point for corner; THENCE South 51 °35'10" West a distance of 274.93 feet to a point for corner; THENCE North 04°12'20" East a distance of 669.38 feet to the POINT OF BEGINNING and containing 64,006 square feet or 1.469 acres of land, more or less. ANNEXATION TO THE* CITY OF DENTON, TEXAS 3,618 Square Feet or .083 Acres 'May, 1998 BEING. a V~ct or parCel Of land Situated in' the Levi Young Survey, Abstract ' Number 1451, in the City.of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks I1, L.P. by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number_ , and being more particularly described as follows: COMMENCING at a point at the intersection of the East line of State School Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot wide right-of-way), said point also being the Northwest comer of Lot 20, Block 12 of Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Map: Records of Denton County, Texas; f, THENCE South 74°16'00" West a distance of 60.00 feet to a point for corner in the West line of said State School Road; THENCE North 15°44'00" West along the West line of said State School Road, a distance Of 150.06 feet to a point for corner; THENCE North 11°47'00" WeSt continuing along the' WeSt line of Said State Road, a distance of 345.77'feet to the POINT OF BEGINNING; THENCE South 74°16'00" West departing the West line of said State School Road, a distance of 48.70 feet to a point for comer; THENCE North 04°12'20'' East a distance of 121.30 feet to a point for corner; ' THENCE North.87°01'55" East a distance of 15.36 feet to a point for corner in the West line of said State School Road; THENCE South 11°47'00'' East along the West line of said State School Road, a distance of 110.90 feet to the POINT OF BEGINNING and containing 3,618 square feet Or 0.083 acres of land, more or less. oo LOCATION MAP Exchange of Land with Corinth SITE' ~. ~..~ ,, curr. ent city Boundary 3.3. ANNEXATION SERVICE PLAN (A-94) A Part of the Denton - Corinth Boun'dary_Adjus~u,ent ANNEXATION SERVICE PLAN CASE NUMBER: A-94 (Oakmont II) . AREA: 1.55 acres LOCATION: Northeast 'of intersection of State School Road and Robinson Road. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) day~~ after thc effective date of thc annexation using existing personnel and equipment. B. Fire Protection Fire protection (within the limits of existing hydrants) and~ emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Ce Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Water/Wast,water Facilities Maintenance of water and wast,water facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days afte~ the effective date of the annexation using existing personnel and equipment. ' 15. EXHIBIT .B . ANNEXATION SERVICE PLAN (A-94) A Part of the Denton - Corinth Bounda.ry Adjustment Parks and Recreation Facilities I. Maintenance of parks, playgrOunds, swimming pools, and other recreational facilities in the area to be annexed will begin within .sixty (60) days after the effective date of"the anne. xa.tion .using existing personnel and equipment. HoWever, the~e are no existing Park% playgrotmds, ~ing Pools, and 'other recreational facilities in the area. ' G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of' the annexation using existing personnel and equipment. I. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and DeVelopment Services 1. Planning and development services will be provided within sixty (60) daYs after the effective date of the annexation using existing personnel and equipment. The Planning and Development Depm~,.ent currently provides services this pi'operty by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utiliT, tion, population density, magnitude of problems as related to: comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of. providing a specific facility or improvement. The annexed area will be considered for CIP improvements in thc upcoming CIP plan. This property will be considered according to the established guidelines. 16. Attachment 4 Schedule Disannexation [Annexation Zoning Planning and Zoning Commission Public Hearing Public Hearing Public Hearing September 22 September 22 September 22 City Council Public Hearing Public Hearing #1 September 7 September 7 Public Hearing Public Hearing #2 September 21 September 21 First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Public Hearing/Action November 16 January 4, 2000 January 4, 2000 AGENDA DATE: DEPARTMENT: DCM: AGENDA INFORMATION SHEET January 4, 2000 Agenda No. _ Agenda Item Date SUBJECT - Oakmont IV annexation and zoning (A-95) Hold a public hearing and consider adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing planned development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). Second reading, A-95. This property is involved in a proposed boundary adjustment with the City of Corinth. The boundary adjustment is generally located in the Oakmont area of Denton and Corinth. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement (MOA) regarding the adjustment of boundaries between the two cities in the Oakmont IV area. The area within the Oakmont II subdivision is generally located south of Robinson Road in the Oakmont Country Club area. To accomplish the proposed boundary adjustment, areas of both Denton and Corinth must first be disannexed and released from their respective extraterritorial jurisdictions. Once this is accomplished, the areas can be annexed and zoned by the cities according to the criteria outlined in the MOA. The disaunexation and annexation processes required two public hearings, conducted September 7 and September 21. This first reading of the annexation ordinance was approved October 12, 1999, instituting formal annexation procedures. The ordinance was published in the Denton Record- Chronicle on October 24, 1999. This second and final reading of the ordinance was delayed from its original December 7, 1999 date to accommodate the disannexation by the City of Corinth which was completed on December 16, 1999. The MOA states that zoning requirements of the annexed property will not change the current status of the development. Within Denton, the Oakmont IV area is within a planned development (PD-111) zone district. The proposed zoning as recommended by the Planning and Zoning Commission is to incorporate the property into the adjacent planned development (PD-111) zone district by approving a concept plan. OPTIONS Approval of the MOA committed the city to proceed with the proposed boundary adjustment. 1. RECOMMENDATION · The Planning and Zoning Commission recommended approval of the proposed annexation and concept plan for planned development (PD-111) zoning designation at its September 22, 1999 meeting. PRIOR ACTION / REVIEW (Council, Boards, Commissions) · Memorandum of Agreement between Corinth and Denton was approved by City Council in May, 1999. · First public hearing was conducted September 7, 1999. · Second public hearing was conducted September 21, 1999. · The Planning and Zoning Commission recommended approval of the proposed annexation and zoning at its September 22, 1999 meeting. · The Council approved the first reading of the ordinance at its October 12, 1999 meeting. · The City of Corinth approved the disannexation of this property at its December 16, 1999 meeting. FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost savings for both cities. A service plan has been prepared and is incorporated into the annexation ordinance. The capacities of infrastructure and services are adequate to provide service to the proposed annexation. ATTACHMENTS 1. Location Map. 2. Site Map. 3. Draft Ordinance. 4. Schedule. R~fectfully submitted: Mark Donaldson Assistant Director, Planning and Development 2. ATTACHMENT LOCATION MAP OakmontlV 3. ATTACHMENT2 Annexation to Denton· ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS COMPRISING 17.172 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION BY APPROVING A CONCEPT PLAN; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE (A-95). WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on May 6, 1999; and WHEREAS, the subject property is within the effective utility and service delivery area for City of Denton municipal services; and WHEREAS, pursuant to said MOA, the City of Denton wishes to extend its City limits line to include the 17.172 acres as described in Exhibit A of the MOA; and WHEREAS, public heatings were held in the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on October 12, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of. Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the tracts of land described in Exhibit A of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas. SECTION 2. That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 3. That the annexed property is classified as Planned Development (PD-111) with approval of the Concept Plan Development Standards described in Exhibit C, attached hereto and incorporated by reference. SECTION 4. That the City's official zoning map is amended to reflect this annexation and show the Planned Development (PD-111) zoning' district classification and land use designation. SECTION 5. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A of the MOA regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of.Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION 6. That any person violating any provision of this ordinance relating to the Planned Development (PD-111) zoning district classification and use designation 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 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, withirkten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: c' ,4',~' ~ * Page 2 STATE OF TEXAS COUNTY OF DENTON · MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is entered into as of the 6thday of May ,1999, between the City of Denton, Texas ("Denton"), a Texas home role municipality and the City of Corinth, Texas ("Corinth"), a city organiz6d under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and . WHEREAS, it appears that the existing city limits lines between Denton and Corinth split a subdivision of Denton County known as Oakmont IV; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between the two cities that will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits; and WHEREAS, the owner of Oakmont IV has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the devel6pment of the subdivision and generally to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both cities; Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows: I. DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 1.01 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the 17.172 acre tract of land described in Exhibit "A", attached he, reto and made part hereof for all purposes; in the manner provided by Chapter 43 of the Texas Local Government Code. 1.02 Denton agrees that it will disannek and waive extraterritorial jurisdiction over tracts of 10.603 acres and 5.709 acres respectively, described in Exhibits "B" and "C", attached Page I 19352 e hereto and made part hereof for all.purposes, in the manner. ~.rovided by Chapter .43 of the Texas Local Government Code. 1.03 Upon the disannexation and waiver of extraterdt, orial jurisdiction by the cities as provided in Sections 1.01 and 1.02 above, the boundaries of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by'each contemplated in Section II... " . II. ANNEXATIONS Denton agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A". Corinth agrees that it will proceed in the manner provided by law to annex the property described in Exhibits "B" and "C" attached hereto. III. ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property. The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. CHARACTER OF AGREEMENT; BREACH The parties agree that this Agreement is entered into only for the disannexation and annexation of the tracts described herein and is not an intedocal cooperation agreement for the joint performance of any services by the parties. Failure of either City to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved City may file suit in a court of competent of jurisdiction to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees. Page2 19355 pERFORMANCE The parties agree that the legislative acts to be perfoi'med hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law. : SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their... respective governing bodies, have caused this Agreement to be executed in duplicate : originals as of the date first written above. CITY OF DENTON, TEXAS BY: ~ APPROVED AS TO FORM: ITY ^TTOP. NEY (rid/4-23-99) CITY OF CORINTH, TEXAS ATTEST: CITY SECRETARY CITY ATTORNEY Page 3 19355 EXHIBIT A -, - LEGAL DESCRIPTION ~ ' ' TRACT 1 .17.110 ACRES BEING a Iract of land situated in the Berry Merchant Survey, Abstract Number g00, Denton ' County, Texas nnd being n portion of that tract of land formerly described by deed to Timb~rgle,i as recorded in County Clerks Filing Num.ber 95-R0079950 and bing more particularly described by me. tes and bounds as follows: · COMMENCING at the most northerly northwest coruer of said Timberglen Company tract said .point being inthc south fight-of-way linc of Robinson Road ( an 80' Right,of-way); ' THENCE S 03'35'36"W, 1451.81 feet to the POINT OF BEGINNING. THENCE S 86°55'29"E, 155.87 feet; THENCE N 59*31'5 I"E, 79.49 feet to the beginning ora curve to the right; THENCE with said curve to the gght, through a central angle of 08°48'43", having a radius of 270.00 feet, the long chord ofwlfich bears S 18°04'26"E, 41.48 feet, an arc distance of 41.53 feet; .., THENCE N 83°23'28"E, 183.73 feet; THENCE S 07°58'3 I"W, 46.39 feet; THENCE S 06°36'32"E, 735.13 feet; THENCE S $2°55'03"W, 280.98 feet; THENCE S 07014'55"W, 394.58 feet; THENCE S 03°49'09"E, 585.42 feet to a point in the City Limit line between the cityofDcnton and the City of Corinth; THENCE N 85°44'40"W, 365.72 feet along said City Limit line; THENCE N 03 °06'13"E, 1883.13 feet along said City Limit line to the POINT OF BEGINNING and containing 745,290 square feet or 17.110 acres of land more or less. C&B Job No. 981727'01'4 ..... '" J:~JOB~98172714~UK\WPkLEG\G00 I.OUT · February 18, 1999 10. EXHIBIT A LEGAL DF. SCRIPTION TRACT 2 - .n.062 ACRES BEING a tract Gl'land situated in the A.H. Serren Survey, Abstract Number ! 198, Denton · County, Texas and belng n portion of that tract of land formerly de~crikd by deed to Timberglen ns recorded in County Clerks Filing Number 95-R0079~}50 nnd b~ng more particularly described by metes and bounds ns follows: . COMMENCING nt the most northerly northwest comer of said Timberglen Company tract snld point being in thc south rlght~of-way line of Robins0n Road (an 80' Right-of-Way); THENCE S 03°35'36"W, 1451.81 feet; THENCE S 03°06'13"W, 1883.13 feet; THENCE S 85 °44'40"E. 365.72 feet; THENCE S 03 °49'04'"E, 3.56 feet to the POINT OF BEGINNING said point being on the City Limit linc between thc City of Denton and th~ City of Corinth; THENCE S 02°41'$0"W, 380.23 feet departing said City Lirait line; THENCE R 82° 17'59"W, 14.37 feet returning to said City Limit line; --'THENCE N 04°48'42"E, 383.08 feet along said d City Limit line to the POINT OF BEGINNING and containing 2,687 square feet or 0.062 acres of land more or less. C&B Job No. 98172701~. J:~JOB~98172714~UR\WP~LEG\G004.OUT February 18, 1999 Page 1 of I 586 ° 55' 29'E ' 155° 87' N83 ° 23' 28' E 1.83.73' $0't° 58' 31'W 46.39' A=08048'43'' R=270.00' L=41.5Y T=20.80' L.C.=SI8°O4'26"E .41.48' T.I~ICT 1 1Z]10 ACRES 0 300 600 900 ~ GRAPHIC SCALE I.N .EEET. · **. ~ cr-/ C. te,..au gess [ ~ & B~RC~SS.I~C I ~,, ,~.'~,,,.m~ I "~'- I~oa ~o. ~. S05° 49' O4E 3. 56' 0.062 AC.RE EXHIBIT A AH EXHIBIT OF TWO TRAGTS OF- /ANO 17.110 & 0.062 ACRES SITUATED IN THE BERRY MERCHANt SURVEY ABSTRACT NU~ER aOO &NO THE A.N. SEflAEN St ABSTRACT NUMBER 1198 DENTON COUNTY, ?-~-~ IsHz'"°' NED EXHIBIT B · ' 10.603_ACRF, S BEING a tract of land situated in theA.H. Serrcn Survey, Abstract Number ! 198, Denton County. Texas and being a portion of'that tract of land formerly described by deed to Timbcrglcn as 1%*corded in County Clerks Filing Number 95-R0079950 and bing more particularly descrlbcd by metes and bounds as follows: ·. COMMENCING'at the most Southerly southeast comer of said Timberglen Company tract; THENCE N 86°28'$8"W, 1799.70 rcct; ' THENCE N 01 °30'20"W, ! 71.24 feet THENCE N 03°35'38"E, 643.98 feet to the POINT OF BEGINNING said point being on tile City Limlt line between the City of Denton nnd the City of Corinth; THENCE N 80° IY38"W, 342.08 feet departing said City Limit line; THENCE N 81 °06'46"W, 301.82 feet; THENCE N 09°$8'23"W, 109.67 feet; THENCE N 11 °04'33"E, 95.57 feet; THENCE N 46°32'45"E, 102.34 feet; THENCE N 14°16'30"E, 214.60 feet; THENCE N i8°$0'30',E, 286.00 feet; THENCE S 84°54'08"E, 487.65 feet returning to said city Limit line; THENCE S 04°52'43"W, 814.96 feet along said City Limit line to tile POINT OF BEGINNING and containing 461,887 square feet or 10.603 acres of land more or less. C~B Job No. 98172701,~ $#XX.X J:~.IOB~98172714~SUR\WP~EG\G002.OUT February 18, 1999 Page ! of I 13. - z z ..... N01~30'20''W N03°35'3R''c 171.24' 643.98';" 8{4.96' EXHIBIf' ° AN EXHIBIT OF OF LAND SITUATED IN THE BERRY MERCHANT SURVEY, ABSTR~C~;NUMB£R .800° DENTON COUNTY, TEXAS DATE 2-17-99 TM JFK SHT. NO. EXHIBIT C LEGAL DESCRIPTION " 5.709 A'CRES BEING a tract of land situated in the A.H. Serren Survey, Abstract Number I ! 98, Dcnlon · County, Texas and being a portion of'that tract of land fom~eriy described by deed to TJmberglen as recorded in County Clerks Filing Number 95-R0079950 and bing more particularly described by metes and bounds as follows: COMMENCING at thc m0st southerly southeast comer of Said Timberglen Company tract; THENCE N g6'28'58"W, i 799.70 feet; THENCE N 01 '30'20"W, 171.24 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton nnd the City of Corinth; THENCE N 85°42'20"W, 724.62 feet along said City Limit line; THENCE N 04' 17'40"E, 226.51 feet departing said City Limit line; THENCE N 77049'41"E, 78.01 feet; THENCE N 65 °46'03"E, 293.39 feet; THENCE S 83°34'04"E, 388.31 feet returning to said city Limit line; .. THENCE S 03°40'55"W, 374.27 feet along said City limit line to the POINT OF BEGINNING and containing 248,698 square feet or 5.709 acres of land more or less. C&B Job No. 9817270;~ .... S#XXX March 10, 1999 J:~JOBk98172714kgUR\WPkLEG\G003.OUT Page 1 of l COR IN O~N~'ON CITY LHiI'$ L IH! r~ I DATE 2-17-99 ISHT. NO. DRAV/N TM DESIGNED CHECKED JFK ANNEXATION $£RVICE PLAN.~ (A-95) '~. A Psr~ of the Denton. Corinth BoUnda:--yAdjustment E~IB IT B ANNEXATION SERVICE PLAN CASE NUMBER: .A-95 (Oakmont IV) .' AREA:' 17.16 aCres · LOCATION: South of Robinson Road in the Oakmont Country Club area. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) day~ after the effective date of the annexation using existing personnel and equipment. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be be~n within .sixty (60) days after the effective date of the annexation using existing personnel and equipment. :. Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days aftei',the effective date of the annexation using existing personnel and equipment. 17. ANNEXATION SERVICE PLAN (A-95) A Part of the Denton - Corinth Boundary_Adjustment Parks and Recreation Facilities I. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed.will begin within sixty (60) days .after the effective date of the' annexation using existing personnel' and equipment. However, there are no existing parks, playgroUnds, swimming pools, and other recreational facilities in the area. ' ' Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the. annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of '*' the annexation using existing personnel and equipment. I. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Depa~hnent currently provides services this prol~erty by way of administration of Chapter 34 of the Code of Ordinances, concerning SUbdivision and land development regulations. K. Capital Improvements Program (ClP) The CIP of the city is prioritized according to the following guidelines: (I) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be consldered according to the established guidelines. 18. CONCEPT PLAN DEVELOPMENT STANDARDS ~ EXHIBIT ~ Land Uses: Maximum Building Height: Minimum Set Backs: Single-Family Patio Homes Accessory Uses . 2 stories Front 20' Side 5' Side Comer 15' Rear 10' Minimum Lot Dimensions: Minimum Dwelling Size: Maxim-m Lot Coverage: Wid~ D~ Area 40' 90' 3,600 square feet 1,.2fl0 square feet 65% Maximum Density: Minimum Parking Required: 6.5 dwelling units per'acre Two off-street sPaces per dwelling unit Single family homes shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of a least seventy-five (75) percent of the area of the outside walls. 19 Attachment 4 Schedule Disannexation Annexation Zoning Planning and Zoning Commission Public Hearing Public Hearing Public Hearing September 22 September 22 September 22 City Council Public Hearing Public Hearing #1 September 7 September 7 Public Hearing Public Hearing #2 September 21 September 21 First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Public Hearing/Action November 16 January 4, 2000 January 4, 2000 C:i~4y Do¢~men~ iCC Reporls CC ~J clh~ ~ 4,.~]5, © ~kmo~ t !Y a ~r~e;$ and zo~ e. ~d ~'eadin,~, ioc 20. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Wastewater Administration Howard Martin, 349-8232~x'~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COSERVE, FOR AERIAL PHOTOGRAPHY AND DIGITAL ORTHOGRAPHIC PHOTOGRAPHY IN IMAGE COMPRESSED DATA FILES AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; (PSA - COSERVE, IN THE AMOUNT OF $34,155.50). BACKGROUND: The Utilities Department is working with Denton County, Denton County Appraisal District, and CoServe to contract for aerial photography services. This project would provide digital imagery at a resolution that can be used for environmentally sensitive area mapping and identification, topographical layers for the GIS system, update of existing GIS coverages, impervious area calculations, watershed protection streamside buffer identification. The data file would include 1 foot resolution in the City Limits and 3 foot resolution for the rest of Denton. County. Denton's share of the project would be in an amount of $34,150.50. If the City of Denton tried to perform the project independently, the 1 foot resolution in the city limits would cost $58,000, and we would not have access to the 3 foot resolution in the Extra Territorial Jurisdiction and the remainder of the county. RECOMMENDATIONS: Staff recommends entering into a contract with CoServe ESTIMATED SCHEDULE OF PROJECT: The estimated project completion date is June 2000. The actual aerial photography will be performed in February 2000. PRIOR ACTION REVIEW: The Public Utility Board considered and recommended approval on December 6, 1999. FISCAL INFORMATION: Denton's portion of the aerial photography will be $34,155.50. The project will be funded from the Wastewater Contingency Fund. 1 BID INFORMATION: Bids were received from (5) vendors. The lowest bid for 1' resolution in the City and County was submitted by Markhurd at a cost of $142.91/sq. mile. Total area to be photographed is 956 sq. miles. Total project cost will be $136,622. Denton's share would be $34,155.50. Attachments I Ordinance Attachments II Contract between City of Denton and CoServ Respectfully submitted: Howard Martin '~ . Assistant City Manager Prepared by: oulter - ~ stant Director Wastewater Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PLANNING SERVICES BY AND BETWEEN THE CITY AND DENTON COUNTY ELECTRIC COOPERATIVE, 1NC. D/B/A COSERV ELECTRIC FOR AERIAL PHOTOGRAPHY SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Utility Department staffhas informed the City Council that the City needs to obtain aerial photography services, to provide staff with digital imagery at a resolution that can be utilized for environmentally sensitive area mapping and identification; to provide topographical layers for the City's GIS system; to provide an update of existing coverage; to facilitate impervious area calculations; and to provide watershed protection streamside buffer identification; and WHEREAS, the City Utility Department staff have been working with staff at Denton County (the "County"), the Denton Central Appraisal District (the "DCAD"), and CoServ Electric ("CoServ") in order to coordinate efforts regarding this aerial photography project, in order to obtain cost-effective aerial photography services to be shared by the three governmental entities, in order to achieve economies of scale. CoServ desires to have state-of-the-art aerial photography of Denton County; and CoServ has issued an RFQ, and has recently selected "MARKHURD" as the qualified vendor/supplier for this project, and in connection therewith, CoServ has proposed entering into separate agreements with the City, the County, and the DCAD to split the cost of the project, pro-rata, in an equitable manner, amongst the three governmental entities and CoServ; and WHEREAS, limited City staff, as well as the lack of specialized equipment and other resources necessary for the project, make it impractical and make it less cost-effective for City staff to complete the project on its own, with existing staff and resources; and WHEREAS, the City Council deems it in the public interest to enter into an Agreement For Planning Services with CoServ to obtain the above referenced aerial photography services, which services are characterized as "planning services," exempted from the requirements of the state competitive bidding statute under the provisions of Section 252.022(a)(4) and Section 252.001(5) of the Texas Local Government Code; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into an Agreement for Planning Services with CoServ, substantially in the form of the Agreement attached hereto and made a part of this ordinance for all purposes; for the purpose of acquiring planning services to assist the City Utilities Department. SECTION 2. That the City Manager is hereby authorized to make the expenditures as required in the attached Agreement for Planning Services. 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, Texas Government Code, Chapter 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 ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\99\CoS~rv Aerial Photo Agn'nt Ord.doc Page 2 STATE OF TEXAS COUNTY OF DENTON AGREEMENT FOR PLANNING SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV ELECTRIC FOR AERIAL PHOTOGRAPHY SERVICES THIS AGREEMENT is entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the "CITY"); and the DENTON COUNTY ELECTRIC COOPERATIVE, INC. dgo/a COSERV ELECTRIC, a Texas Electric Cooperative Corporation (hereinafter "COSERV"). The purpose of this Agreement is to provide for the purchase by CITY of digital orthophotographic imagery (hereinafter "orthophotos") in CD-ROM form from COSERV. For such purposes, and for good and valuable consideration, the CITY and COSERV do hereby AGREE as follows: 1. COSERV shall provide the orthophotos to the CITY in CD-ROM form according to the technical specifications set forth in the contract between COSERV and MARKHURD, a copy of which Professional Services Agreement (the "PSA") is attached hereto as Exhibit "A," which is incorporated herewith by reference for all purposes pertinent. 2. In consideration of COSERV providing the orthophotos to the CITY, and performing the services described in Exhibit "A", CITY will pay to COSERV the sum of THIRTY-FOUR THOUSAND ONE HUNDRED FIFTY FIVE DOLLARS AND FIFTY CENTS ($34,155.50). Payment will be due to COSERV within ten (10) business days following the approval of this Agreement by the Denton City Council. 3. Delivery of the orthophotos by COSERV to CITY shall be on or before September 15, 2000. The failure of COSERV to timely deliver the orthophotos shall constitute 1 "cause" for purposes of termination of this Agreement by the CITY. In the event the CITY provides COSERV written notice of termination of this Agreement as provided below, COSERV shall within five (5) business days of receipt of the notice of termination repay and refund to the CITY the entire consideration paid hereunder by the CITY. In the event that delay in delivery is by force majeure, or is due to causes not within the control of COSERV, the CITY may, but is not required to, waive such delay in whole or in part. No such waiver shall be effective unless it is until a date certain stated in a written waiver signed by an authorized representative of the CITY. Upon CITY's receipt of the orthophotos, the CITY shall have seven (7) business days ("the testing period") to review the orthophotos for defects, errors or deviations from the standards set forth in Exhibit "B" attached hereto, which Exhibit is entitled "United States National Map Accuracy Standards," and which Exhibit is incorporated herewith by reference for all purposes pertinent. If defects, errors, or deviations are detected, the CITY shall immediately provide COSERV with written notice of CITY's reasonable objections. Upon COSERV's receipt of the CITY's objections, COSERV shall have a reasonable amount of time to cure said objections. In the event that COSERV fails to cure said objections within said time, the CITY may terminate this Agreement by providing written notice of such termination as provided below, and COSERV shall within five (5) business days of receipt of the notice of termination repay and refund to CITY the entire consideration paid hereunder by CITY. The CITY acknowledges that the orthophotos will be copyrighted by COSERV and shall not be reproduced for use by others, sold or distributed to a third party without the express written permission of COSERV. CITY shall take reasonable steps to protect the confidentiality of the orthophotos, including specifically notifying its employees that the orthophotos are copyrighted and shall not be copied, transferred electronically or removed from the CITY offices ("Infringement"). The CITY shall notify COSERV immediately upon its discovery of any occurrence of o Infringement. COSERV recognizes that CITY's multiple copying of the CD-ROMS containing the orthophotos for its internal purposes shall constitute an Infringement under the terms of this Agreement. All copies made by the CITY shall include all copyright notices and other proprietary notices contained in the original. COSERV acknowledges that the CITY is subject to the provisions of the Texas Public Information Act (TEX. GOVT. CODE Chapter 552), and the CITY's release of information in accordance with such Act shall not be considered to be a breach of this Agreement. COSERV further acknowledges that the CITY intends to produce from the orthophotos hard-copy aerial photographic maps in one or more forms that will be available to the public. COSERV acknowledges and agrees that the use, sale or distribution of such hard-copy maps shall not be deemed to be a violation of any copyright law or any confidentiality provision contained herein, and that such Agreement extends to all third-party purchasers or users of hard-copy maps produced from the said orthophotos. Unless otherwise specified herein, COSERV shall deliver the orthophotos to the CITY, without charge for delivery, by such safe and secure means, as COSERV shall reasonably select. If the orthophotos are damaged or lost during delivery, COSERV shall promptly replace them at no cost. Installation of the orthophotos is the sole responsibility of the CITY unless otherwise specified herein. COSERV shall pass-through to the CITY all warranties that COSERV has received under its contract with "MARKHURD," its vendor/supplier, relating to the orthophotos and any maps produced therefrom. COSERV hereby warrants to the CITY that all work performed under this Agreement shall be performed in a good, workmanlike, and professional manner, and with a level of skill, care, knowledge and judgment required or reasonably expected of persons performing similar services. COSERV further warrants to the CITY that the CD-ROMs containing the orthophotos are designed to be used prior to, during, and after the year 2000 A.D., and that they will operate without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. 8 To the fullest extent permitted by law: (a) COSERV's maximum liability to the CITY shall not exceed the total consideration paid by the CITY under this Agreement; and (b) COSERV shall not be liable to CITY for special, incidental, consequential, punitive, or multiple damages resulting in any way from the performance or non-performance of this Agreement, whether as a result of breach of contract, tort, or statutory; including, but not limited to, loss of profits. 9 COSERV further represents and warrants that the orthophotos do not and will not infringe on any patent, copyright, trademark, service mark, or other intellectual property right of any third party or parties, whether so provided by federal, state, or by common law. In the event that such an infringement occurs, COSERV shall defend, indemnify and hold the CITY harmless from any liabilities, losses, costs, penalties, fines, interest, actions, claims, demands, suits or judgments, including reasonable attorney's fees and costs, and including without limitation, any losses resulting from any injunctive relief preventing the use of the said orthophotos. The representations and warranties contained in this paragraph 9 shall not be limited by the damage cap or other limitations expressed and set forth in paragraph 8 hereinabove. 10 The contract price stated herein presumes that, within a reasonable time before or after the execution of this contract, COSERV will enter into similar contracts with the DENTON CENTRAL APPRAISAL DISTRICT ("DCAD") and DENTON COUNTY, TEXAS ("COUNTY"). However, the failure of either the DCAD or the COUNTY to enter into such agreements shall not affect the validity of this Agreement. In the event that any other governmental entities execute agreements of a similar nature with COSERV for orthophotography or orthophotographic software or services pertaining to Denton County, Texas in whole or in part, before or within two (2) years after delivery of the orthophotos to the CITY, COSERV will immediately give written notice to the CITY of the existence and terms of such agreement. Further, COSERV shall rebate to the CITY a portion of the contract 4 11. 12. price of such third party or parties' contract within thirty (30) days of its receipt of funds from any such entity. The portion to be rebated shall be a percentage share equal to the percentage share that CITY by this Agreement is paying to COSERV as compared with the contractual cost to COSERV of obtaining the orthophotos from its vendor/supplier, MARKHURD. Barring any unforeseen changes, that percentage is presumed to be twenty-five (25%) percent. If the DCAD and/or the COUNTY does not execute an agreement as anticipated, such percentage shall be presumed to be thirty-three and one/third (33 1/3 %). Any disputes arising under this Agreement that are not settled by agreement of the parties hereto, shall be governed by the laws of the State of Texas. The parties stipulate that exclusive venue and jurisdiction shall lie in the state district courts of Denton County, Texas. In the event that any actions are brought to enforce this Agreement, the prevailing party shall recover its costs of suit, including reasonable attorney's fees, from the other party. All notices and correspondence relating to this Agreement provided by one party to the other shall be in writing and shall be delivered be depositing same in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested; or by delivering same in person to the person to be notified as follows: If to CITY: If to COSERV: Howard Martin Assistant City Manager for Utilities City of Denton, Texas 215 East McKinney Denton, Texas 76201 Denzil McGill GIS Director CoServ Electric 7701 South Stemmons Frwy. Corinth, Texas 75065 13. COSERV shall provide one (1) copy of the orthophotos to the CITY on one (1) or more CD-ROMs in a format described in Exhibit "A" hereto. In the event that the orthophotos are enhanced, or errors and/or defects are discovered and corrected during the two (2) year period immediately following delivery, COSERV shall provide new copies of the enhanced or corrected orthophotos without cost. In the event that, because of damage, degradation, loss, or destruction the copy furnished to the CITY becomes unusable for CITY's purposes, COSERV shall promptly furnish a replacement copy to CITY at its actual cost for producing it. 14. This Agreement may be terminated for cause by either party upon fourteen (14) days written notice. 15. Neither party to this Agreement may assign this Agreement, or any interest herein, to any third party, without the prior consent of the other party. 16. The invalidity in whole or part of any provision herein shall not void or affect the validity of any other provision of this Agreement. 17. This Agreement, together with any attachments or exhibits, constitutes the entire contract between the parties and supercedes any prior understanding or agreement, whether verbal or in writing. No modification, deletion or addition to this Agreement shall be effective unless reduced to writing and approved and signed by duly-authorized representatives and officers of both parties hereto. 18. This Agreement is effective when approved, signed, and delivered by both parties hereto. 19. No waiver by either party of any default by the other party in the performance of any part of this Agreement shall invalidate any other part of the Agreement, nor shall any such waiver operate as a waiver of any future default, whether similar or different. No waiver shall be effective unless in writing and signed by the waiving party. 20. Nothing contained herein is intended for the benefit of any third party, and no benefit shall inure to the benefit of any such party. 21. This Agreement is executed in two (2) original counterparts by the respective duly- authorized and empowered officials and officers of the CITY and COSERV on this the day of ., 2000. CITY OF DENTON, TEXAS A TEXAS MUNICIPAL CORPORATION ATTEST: JENNIFER WALTERS, CITY SECRETARY By: MICHAEL W. JEZ, CITY MANAGER By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DENTON COUNTY ELECTRIC COOPERATWE, INC. D/B/A COSERV ELECTRIC, A TEXAS ELECTRIC COOPERATIVE CORPORATION By: ATTEST: By: APPROVED AS TO LEGAL FORM: By: S:\Our Docun~nts\Contracts\99\CoServ Electric Agrmt re Shared Aerial Photography.doc EXItI[BIT "A" PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: DENTON COUNTY ORTHOPHOTOGRAPHY BiARKFIURD Project Number: 4991210 (The Project is more fully described in following pages attached hereto.) This Agreement is by and be~veen: CoServ 7701 South Stemmons Corinth, TX 75065 (hereafter "Client") and, M2kRKHI/R~ (herea fter'"MA_RKHURD") 13400 68th Avenue North Minneapolis, MN 55311-3515 W'ho agree as follows: Client hereby engages M~kRY/-IURD to perform the services described in Part I ("Services") and ivlAP./ed-IURD a~ees to perform the services for the compensation set forth in Part Il/. M.~ shall be authorized to commence the services upon execution of tkis Agreement and receipt of authorization to proceed from Client. Client and MA_RKHUR~ agree that this signature page, together with Parts I-IV and attachments referred to therein, constitute the entire agreement between them relating to the Proje?t ("Agreement"). APPROVED FOR CLIENT APPROVED FOR ~ By: Title: '"' .By: Title: Date: Dale. 1 Cop)'Hght J997, b.v A£4J~HURD PART I ~iARKIqURD'S RESPONSIBILITIES A. SCOPE Project Area Our understanding of the Project area is Denton County, Texas in its enti.ret-?'. A 133 square mite area around the City of Denton is mapped with higher resolution and accuracy. Aerial Photography MARKHURD will acquire new vertical color aerial photography covering the above mentioned Project area. Photography will be exposed with a precision 6" focal len~h mapping camera at a negative scale of 1"=2500' for the entire County. Consecutive photographs in each flight line shall have an average forward overlap of 60 percent. Sidelap be~veen adjacent parallel flight lines shall have an average 30 percent. In addition to the mapping photo coverage described above, MARKHURD will also obtain larger scale color photography of the City of Denton area. This photography will cover the area indicated on the attached'Project area map at a negative scale of 1"=1667'. Color digital orthophotography Mll be produced from this imagery. Important .Note Under haze conditions, color imagery becomes more difficult to obtain the higher the flight height. MA_RKHURD does not recommend color photography at photo scales higher than 1"=1667' (fli~t heist >10,000' above ~ound level). The higher the fl/~t, the more light scatter in the atmosphere resulting in blue Lmagery. We can adjust to haze conditions for black & white photography by using a yellow filter on the camera lens and ~vith different paper in the photo lab. These mitigation methods are not available for color. Geodetic Control MARKHURD will establish all horizontal and vertical control necessary, to perform the mapping services described herein using airborne GPS techniques. Horizontal control Mil be based on the Texas NAD 83 state plane coordinate system. Vertical control will be based on mean sea level. A minimum of six (6) ground control points will be established on photo identifiable positions for quality control purposes. Permanent monuments Mil NOT be established. Analytical Aerotriangulation Upon completing the contro,1 sur~'ey task, M~LRK_HURD Mil prepare a fully analytical aerotriang'ulation-solution"~"to establish supple, mental control for orienting individual photogrammetric stereo~mod..ers covering the subject Project. All field control locations mhd pass points will be measured on a set of scanned film d_iapositives using our Intergraph Z-Ill so,copy stereoplotter. The results will be processed using 5~ag. TCH AT Aerotriangulation software. 2 Copyright 1997, by l~t42012qb'J[D Digital Elevation Model Once the analytical trian~lation is complete, M. ARKHURD personnel will compile a digital elevation model ('DEM) which will consist of a series of masspoints (x,y,z) and limited breakline files across the entire Project area· This data Mil be processed into a TENr file for use with our ortho rectification sof~vare. 5' Contour Option It x, AlI be possible to capture enough mass points and break lines to provide 5' contours for the City of Denton area from the 1"=1667' photography. Since photography, control and aerotriangulation is necessary for the ortho rectification process anyway, any area within Denton can be contoured and priced on a area by area basis, at any future date, if desired. Digital Orthophotography It is MARKHURD's experience that starting with consistent quality imagery is one of the most important procedures that can take place towards eliminating problems that could occur during the various digital ortho production phases. As such, MARKHURD will begin the orthophotography production with an intensive analysis of the aerial film negatives. Quality checks will be. performed .so as to insure that any problems areas are identified and prior to producing a set of diapositives for scanning. MARKHURD Mil work closely with the Client during th.is initial process so as to clarify the specific needs and expectations of the distal ortho product. A separate set of film diapositives will be produced and used as input to the scanning process. In order to produce the kighest quality distal ortho product, these diapositives will not be handled or used in any other production process prior to scan.n2ng. Image Capture MARK_HI.J'RD will utilize a Zeiss PHODIS Image Scanning System to capture the analog aerial image in raw digital format. The Zeiss PHODIS has exceptional geometric accuracy as well as many other significant features essential in creating l'figh quality imagery. The film diapositives mentioned above will be sc~-~ned at a resolution of 14 microns (approximately 2000 dots per inch) which will yield the 2' and 1' ground resolutions for 2500' scale and 1667' scale photography respectively. Since the delivery format is MrS~ and this is a seamless format, the data will not be broken into tiles. Final Edit To ensure that all data is correctly formatted and goo-referenced, the files will be interactively examined on a high speed .~ygrkstatioh by a digital ortho specialist. 'i~s will be in addition to the numerous comPuter/zed.¢~cks performed by M. ARKHURD's proprietary and ISM sol,yarc. B_:. DELIVERABLES Items to be delivered under th.is proposal are: ~' Color Digital o~hophotography will be d¢liver[d on CD-ROM in MrS]D format. )' Digital Elevation Model (not suitable for contours) in format to be A._~. PROJECT $Ctt£DULE MARKHURD has the resources to meet the most dema.nding of schedules. Nonetheless, the time requh'ed to deliver the items described in Part I. B. above are subject to being influenced by numerous factors (i.e. weather, Client scnedules/budoetS, scenario selected, etc.) some or ail of which may be beyond MAKKHURD's control. Therefore, we propose to develop and furnish a mutually agreeable Project schedule, a~er an agreement bem'een our organizations (regarding the final scope of services to be provided) has been reached. ~'Iilestones and approximate time frame and completion date based on Feb 15 start Aerial Photography and Airborne GPS surveys (weather dependent) .................... 1 week (Feb 15) Ground Control Surveys (concurrent with air photo mission) ................................ 1 week (Feb 15) Photo lab processin~fikn check and label/contact prints/diapositives ................ 3 weeks (March 7) Diapositive Scanning ........................................................................................ 3 weeks (March 3 I) AT 6 we Analytical Aerotriangulation ( ) ........................................................................ eks (May 15) Digital Elevation Model Compilation (begin Denton '~ ' ' .~ weeks rotc AT) .............. 8 weeks (July 15) Digital Orthophoto Processing and Deliver), (begin 2 weeks into DE,_'vf) ............ $ weeks (Sept 15) B. M,~ P n CCURA cY Final mapping documents delivered pursuant to ~s Proposal, where applicable, shall comply with the standards of accuracy as stated in the United States National Map Accuracy Standards. A copy of said standards are included in A~ackment ,4. contained herein. The Accuracy specified in the RFP Scena.fios defines the designed flying height. Scan resolutions of 14 microns are requLred for our sol%copy aerotriangulation methodology. C. .FUTURE U'PDATES A major advantage of distal ortho imageD, is the ability to se .amlessly update on an as need basis. Where ever the Coun~ defines areas of change, a photo mission can be designed to capture only those areas. These small areas are controlled from the previous project imagery and ortho rectified to an updated DEM. The in,age,'3' is then simply patched into the existing files. It will be possible to develop 5' contours anywhere in the Ci~' of Denton area without hz~4.ng to add control or re-fli~ts except in areas of change.. o: ~SSVMVr~ONS/do:VO~r~ONS This Proposal is s6bject to ~. following assumptions/conditions: MARKHURD's cost estimate, is in part based on the assumption that the Project Area as _~_e~gglp~ g~r~in, i~ accurate. This is your notice that our cost estimate is ~ firm figure only when this assumption is valid. Therefore, it is the Clie£t~ responsibility to review the Project Area for exacmess (outlLned on the document mentioned in Part I. A. "Project Area") and notify 4 Co$~yright 19Y7, b~ A£4RK~tLrp~D ~ of any changes prior to the execution of~n a~eement be~veen our organizations. E. REPRESENTATIVE ~'ohn F. Bloodgood, P.L.S., Vice President, and Bob Seaberg, P.L.S., Project Manager, will represent M..~RKHLrR. D during the performance of the se~'ices to be provided under this proposal. Each has the authority to transrvZt and receive instructions, and make decisions with respect to the services. ~'v~. Seaberg is authorized to cornrrdt the necessary resources towards completing the services described herein. PART !I CLIENT'S RESPONSIBILITlt',S Client, at its expense, shall do the following in a timely manner so as not to delay the services to be performed by MARKHURD. F. 1N F O I~IA TI O N/RE P O R T $ None identified at this time. G. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions w/th respect to the services. H. DECISIONS Provide all criteria and full information as to Client requirements for the Project, obtain (with MARKHURD's assistance, if applicable) necessary approvals and permits, attend Project related meetings, provide interim reviews on an a~eed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow MARKHURD to perfom~ the services. I. INSPECTION .OF. blAPPING DOCUTffENTS AND NOTICE OF NON- CONFORMANCE Upon delivery, the Client shall promptly inspect all mapping documents furnished by MARKHURD. Prompt ~wirten notice shall be Wen by the Client to ~M.~ if the Client becomes aware that the services do not conform, to the standards stated in this proposal. To allow MARKHU-RD the opporturdty to cure any non-conformance, notice shall be given within seven calendar days of discovery. PART COMPENSATION, BILLhNG, AND PAYMENT All of the following costs are based on performance of the entire project under one contract. Per square mile costs are valid only if every square mile is ordered and delivered under the same contract. Unit price per square mile based on 956 square miles. The following pricing is contingent on City of Denton participation. Client shall reimburse MARKHURD for the services in accordance with the following: J. FEE SCHEDULE Our charge for the services described in PART I shall follow the fee schedule outlined below: Scenario #4 ' Color ' : -:-.: ,'''-" · · Task CityI County Photo Scale 1"=1667' I 1"=2500' Flying Height 10,000' 15,000' Scan Resolution 14 microns 14 microns Ground Pixel 1' 2' Scale 1"=200' i 1"--400' Map Accuracy */- 5' or better I +/' 10' or better Aversge Cost .Per Sq. $142.91 Mi. Cost Per Sq. Mi. based S339 ' Slll on numbers of photos TOTAL COST [ $136,622 A. FEE SCHEDULE Should the City elect not to participate, the following pricing v,q21 apply . Scenario#4 Color .-- · : '- Task City I County Photo Scale N/A I 1"~'2500' Flying Height N/A [ t5,000' S can Resolution N/A 14 microns Gr;Und Pixel N/A I 2' Map Scale '"" i N/A ] 1"--400' AccuraCy "' N/A +/- 10' or better Cost Per Sq. i~li. $112.11 TOTAL COST I S10%.179 ~ TERMS dND .CONDITIONS Fees, as stated, shall reraaLa La effect until December 31, 1999. If acceptance occurs after t~s date, we reserve the fight to revise oar fee and resubmit this proposal (in whole or in part) based on the prcsent conditions. MARK_KLrP, D will at a minimum, submit monthly invoices for the perceatage of the work completed during the billing period. Terms of payment will be net duc 30 days from the date of Lavoice, and will be subject to ~ 1.5% service charge on the balance each month therea~er. · Unless CLient provides MARKt-IURD x,,-ith a s~'ritten statement of ~,xy objections to the invoice witizin 15 calendar days from the date of Mvoice, CLier, t shall be dcemed to accept the invoice as submitted. ATTACI~:ENT 'A' United States National 3Iap Accuracy Standards With the view to the utmost economy and expedition in producing maps'whkh fulfill not only the broad needs for standard or principal maps, but also the reasonable particular needs of indMdual agencies, standards of accaracy for published maps are defined as follows: Horizontal accuracy. For maps on publ/cation scales larger than 1:20,000, not more than 10 percent of the po/aU tested shall be in error by more than 1/30 inch, measured on the publicat/on scale; for maps on publication scales of 1:20,000 or smaller, 1/50 inch. These 1/mia of accuracy shall apply in all cases to posi~ons of well de,ned points only. "Well defmed" points are those that ~e easily visible or recoverable on the ground, such as the follov,~ng: monuments or markers, such as bench marks, property boundary monuments; inters¢c~ons of roads, railroads, etc.; comers of large buildings or structures (or center points of small buildings), etc. In general what is "well defmed" will also be determl.ed by what is plot~able on the scale of the map within 1/100 inch. Thus while the interiection of two road or property lines meeting at right angles, would come within a sens~le interpretation, identification of the intersection of such lines meeting at an acute angle would obviously not be ptac~cable 'w-it;~i, 1/100 inch. Similarly, features not identifiable upon the ground v, dth~ close 1L-n.ks are not to be comidered as test points vdtN, the I/mits quoted, even though their position~ may be scaled closely upon the map. In u'.Ms class would come timber lines, soft boundaries, etc. Vertical accuracy, as applied to contour maps on ali pub~ca~/on scales, shag be such that not more than 10 percent of the elevations tested shall be in error more than one-had the contour interval. In checking elevations ~ken fi:om the map, the apparent vertical error may be decreased by assu,-~i~g a hor/zontal displacement with~ the permiss~le horizontal error for a map of that scale.' The accuracy of any map may be tested by comparing th: posi~o~ of points ~vhose locations 'or elevations are shown upon it with corresponding positions as deterr, lned by surveys of a higher accuracy. Tests shall be roade by the producing agency, wh/ch shall also determine wl~ch of its maps are to be teite~ and the extent of such testSng. Published maps meeting these accuracy requkements shall note this fact in thek legends, as follows: map complies with national map accu:'acy standards", Published maps whose exors exceed those aforestated shall omit from their legends all mention of standard accuracy. When a publ.ished map is a co~iderable enlargement of a map d~aw/ag (manuscript) or of a published map, that fact shall be stated in the legend. For example, "]q~is map is an enlargement ora 1:20,000 scale map drawing", or "Th~s map is an enlargement of a 1:24,000 scale published map". To facffitat.e ready inte..rs.h~ge and use of basic it~formation for map construction among a~ Federal map- making agencies, man. ch. pt maps and published .maps, wherever economically feasible and consistent with the uses to wkich"the 'map is to be put, shall conform to Iatitude and longitude boundaries, being 15 rr~nutes of latitude and longitude, or 7.5 m~utes, or 3 3/4 minutes in size. As Published by the United States O~ce of Management an'd Budget 10 Copyright 1997, by ?,L4.R~U'R.D United States National A-lap Accuracy Standards With the view to the utmost economy and expedition in producing maps which fulfill not only the broad needs for standard or principal maps, but also the reasonable particular needs of individual agencies, standards of accuracy for published maps are deemed as follows: Horizontal accuracy. For maps on publication scales iarger than 1:20,000, not more than 10 percent of the points tested shall be in error by more than 1/30 inch, measured on the publication scale; for maps on publication scales of 1:20,000 or stuaIler, 1/50 inch. These limits of accuracy shall apply in ail cases to positions of well deemed points only. "Well deemed" points are those that are easily vis~le or recoverable on the ground, such as the following: monuments or markers, such as bench marks, property botmda,D- monuments; intersections of roads, railroads, etc.; comers of large buildings or structures (or center points of small buildings), etc. In general what is "well deemed" will also be determined by what is plo,table on the scale of the map within 1/I00 inch. Thus while the intersection of two road or prope~. Lines meeting at fight angles, would come within a sensible interpretation, identification of the intersection of such lines meeting at an acute angle would obviously not be practicable within 1/100 inch. Sknilarly, features not identifiable upon the ground v4thin close limits are not to be considered as test points wi'Jain the limits quoted, even though their positions tuay be scaled closely upon the map. In this class would come timber lines, soil boundaries, etc. Vertical accuracy, as applied to contour maps on all pubhcation scales, shall be such that not more than I0 percent of the elevations tested shall be in error more thin one-half the contour interval. In chec. ,king elevations taken from the map, the apparent vertical error may he decreased by assuming a horizontal displacetuent within the permiss~le ho.,Szontal error for a map of that scale. The accuracy of any map may be tested by cotuparing the positions ofpointi whose locations 'or elevation are shovm upon it with correspondk~g positions as determined by surveys of a kigher accuracy. Tests shall be made by the producing agency, whkh shall also deterrr, i,~e which of its maps are to be tested, and the extent of such tesFtng. Published maps meeting these accuracy requirements shall note this fact in their legends, as follows: "This ' map complies with national map accuracy standards". Published maps whose errors exceed those aforestated shall omit fi.om thek legends all mention of standard accuracy. When a published map is a considerable enlargetuent of a map &awing (manuscript) or of a published map, that fact shall be stated in the legend. For example, "This map is an eal~gement ora 1:20,000 scale map ckawing", or "This map is an enlargement ora 1:24,000 scale published map". To faciJitate ready interchange and use of basic i.m'o:Tnation for map coas,.,'"uctio,, among all Federal map- mar,.m~ agencies, man~Scn, pt maps and published-maps, wherever econorracally feas~le and comistent with the usei to wkic~'~ 'n:mp is to be put, shall coMor'm to la.,imde and longitude boundaries, being 15 minutes of latitude and longitude, or 7.5 minutes, or 3 3/4 minutes in size. As Published by the United States O~ce ofMa.~gement ~d'_Budget Aoenda Agilnda Item __ Date t / _ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Wastewater Administration Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The wastewater department currently has a wholesale wastewater contract with the Upper Trinity Regional Water District to treat wastewater for the City of Argyle. The contract will expire on December 31, 1999. The City of Denton and the Upper Trinity Regional Water District are currently negotiating terms for a new wholesale contract. Development activities in the Hickory Creek Basin indicate the potential for other customer cities or districts being added to the wastewater system. The Wastewater Department is currently discussing wholesale wastewater treatment with Denton County Development District #4. As part of our developing sourcewater protection program the Wastewater Department is focusing on minimizing the wastewater discharges into the Hickory Creek ann of Lake Lewisville. The drinking water intake structure for the City of Denton is located on this arm of the lake. Continuation of the wholesale contract with the Upper Trinity Regional Water District will help prevent the development of small package wastewater treatment plants in the basin. RECOMMENDATIONS: Staff recommends approval of the contract extension. PRIOR ACTION REVIEW: The Public Utility Board considered and recommended approval on November 15, 1999. ESTIMATED SCHEDULE OF PROJECT: This extension will provide a 6-month time period for the completion of contract negotiations. Negotiations will be completed by July l, 2000. FISCAL INFORMATION: The following charges are the current applicable rates for the Argyle Contract. Volume Charge BOD Strength Charges TSS Strength Charges Facility Charges Sampling Charge Analysis Charge $2.00 per 1000 gallons $0.004228 mg/1 of BOD $0.002317 mg/1 of TSS $180.00/30 days $35.00 $15.00 Attachment I: Interim Wastewater Ordinance Attachment II: Contract Amendments Respectfully submitted: Prepared by: Howard Martin \ Assistant City Manager Ji[h Coulter Assistant Director Wastewater Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT; AND PROVIDING FOR AN EFFECTWE DATE. WHEREAS, by Ordinance No. 90-186, passed by the City Council on November 20, 1990, the City Council authorized the Mayor to execute an "Interim Wastewater Treatment Service Contract Between the City of Denton, Texas and the Upper Trinity Regional Water District" (the "Contract"); thereafter the City of Denton (the "City") and the Upper Trinity Regional Water District (the "UTRWD") executed and entered into said Contract on November 20, 1990; and WHEREAS, the City and the UTRWD have operated under the terms and provisions of said Contract continuously since November 20, 1999. However, Article VIII., Section 8.1 of the Contract provides that the Contract will terminate on December 31, 1999; and WHEREAS, because the City and the UTRWD are currently negotiating the terms for a new wholesale wastewater treatment service contract, it is the mutual desire of the City and the UTRWD to extend the term of the Contract for an additional six (6) months, so that the Contract will continue in full force and effect and will terminate instead, on June 30, 2000; and the City and the UTRWD mutually desire that the existing Contract continue in full force and effect, without lapse, expiration, or interruption wkile their respective governing bodies approve and enter into an "Amended Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper Trinity Regional Water District' (the "Amended Contract") providing for such six (6) month extension of time; and WHEREAS, the City Council deems it in the public interest to enter into the Amended Contract with the UTRWD to extend the current term of the "Contract" for an additional six (6) month period; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an "Amended Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper Trinity Regional Water District" substantially in the form of the Amended Contract attached hereto and incorporated herewith by reference. PAGE 1 SECTION 2. That the City Secretary is hereby directed to affix a copy of this Ordinance to Ordinance No. 90-186, and inscribe thereon the notation that the Amended Contract has been amended by the adoption of this Ordinance. SECTION3. That this Amended Contract is hereby ratified, confirmed, and retroactively approved, and shall be effective from and after January 1, 2000, so that the Contract heretofore executed by the City and the UTRWD on November 20, 1990, shall remain and continue in full force and effect, without lapse or interruption. SECTION 4. That except as otherwise provided in Section 3 hereinabove, this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\99\UTRWD - COD - WW - Amend Agrmt Or&doc PAGE 2 AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990 WHEREAS, the City of Denton, Texas (hereinafter the "CITY"), a Texas Municipal Corporation, and a Home-Rule City under the laws of the State of Texas, heretofore entered into an "Interim Wastewater Treatment Services Contract Between the Cit~ of Denton, Texas and the Upper Trinity Regional Water District, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD") on the 20th day of November, 1990, which contract is hereinafter referred to as the "Original Contract;" and which Original Contract was approved by the Denton City Council by Ordinance No. 90-186, passed on the 20th day of November, 1990; and WHEREAS, at the time that the Original Contract was entered into in 1990, it was the UTRWD's objective to develop a regional wastewater system in the Denton County area and to enter into contracts with entities which were "Participating Members" of the UTRWD to provide regional wastewater services to those entities. The CITY at that time, and at the present, owns and operates a wastewater collection, treatment, and disposal system in Denton County, Texas, and the UTRWD, at the time of the Original Contract, and at the present, desires to utilize the excess capacity of the Denton system for the collection, treatment, and disposal of the UTRWD Members' wastewater; and WHEREAS, the "Denton County Water and Wastewater Study --- Regional Master Plan for the Year 2010," recommended that certain portions of Denton County be provided regional wholesale wastewater service through the CITY's wastewater system. In said Original Agreement, the CITY agreed to provide wastewater services for the UTRWD on an interim basis, with the expectation that, and on the condition that the UTRWD would in the future enter into another and further contract with the CITY to provide for the joint planning, funding, and ownership of additional wastewater collection and treatment facilities to serve the future wastewater requirements of both the CITY and the UTRWD; and WHEREAS, Article VIII, Section 8.1 of the Original Contract provides that the Original Contract shall expire by its own terms on December 31, 1999; and WHEREAS, the CITY's Wastewater Utility Department currently has a wholesale wastewater contract with the UTRWD, and the CITY and the UTRWD are currently negotiating acceptable terms for a new wholesale contract, while at the same time considering the needs of other customer cities and/or districts being added to the wastewater system in light of the rapid growth and development activities in the Hickory Creek Basin; and in order to maintain the status quo, and in order to allow sufficient time for completion of the negotiations between the CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the Original Contract for an additional six (6) month period; and WHEREAS, the City Council deems it in the public interest for the CITY to enter into this "Amendment to the Existing Interim Wastewater Treatment Services Contract Between the City of Denton, Texas and the Upper Trinity Regional Water District Heretofore Executed on November 20, 1990" (hereinafter the "Amended Contract") which provides that the term of the Original Contract shall be extended for an additional six month period of time, pending their good-faith negotiation of a new Contract; and to keep said Original Contract in continuous force and effect, without lapse Page 2 NOW, THEREFORE, for good and valuable consideration, and in further consideration of the mutual promises and covenants of the parties, the CITY and the UTRWD do hereby AGREE as follows, to wit: SECTION 1. That Article VIII, Section 8.1 of the Original Contract is hereby amended to read as follows: "This Agreement shall terminate on June 30, 2000." SECTION 2. That in all respects, except as specifically and expressly amended by this document, the said Original Contract heretofore duly passed and approved by the City Council of the City of Denton, Texas on the 20th day of November, 1990, shall remain and continue in full force and effect, without lapse or interruption, for all purposes pertinent. EXECUTED by the undersigned duly-authorized officials and officers of the CITY and the UTRWD, in two (2) original counterparts, on this the day of ,2000. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY By: MICHAEL W. JEZ, CITY MANAGER By: Page 3 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY UPPER TRINITY REGIONAL WATER DISTRICT By: PRESIDENT BOARD OF DIRECTORS ATTEST: By: SECRETARY, BOARD OF DIRECTORS APPROVED AS TO LEGAL FORM: By: S:\Our Documents\Contracts\99\UTRWD Amend WW Agrmt - Argyle - Hickory Crk Basin.doc Page 4 ORDINANCE NO. AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED FURSTENBERG CONSTRUCTION CO., INC. V. CITY OF DENTON, ET AL., CAUSE NO. 98- 20716-158 CURRENTLY PENDING IN THE 158TM DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED MEDIATION SETTLEMENT AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $23,463.00 PREVIOUSLY HELD IN RETAINAGE; AND DECLARING AN EFFECTIVE DATE. · THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the settlement of litigation styled Furstenberg Construction Co., Inc. v. City of Denton, et al., Cause No. 98-20716-158 pending in the 158th District Court of Denton County, is hereby approved, and the City manager is hereby authorized to execute a compromise settlement agreement and other related documents deemed by the City Manager and the City Attorney to be necessary to the settlement of said litigation as set forth generally in the attached mediation settlement agreement. SECTION 2. That the City Manager or his designate is hereby authorized to expend an amount not to exceed the $23,463 previously held in retainage in settlement of the above litigation. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: CAUSE NO. 98-207'16-'158 FURSTENBERG CONSTRUCTION CO., § INC., § vs. § CITY OF DENTON, TEXAS, et al., § vs. § XTG, INC., et al. § IN THE DISTRICT COURT DENTON COUNTY, TEXAS 158TM 3UDICIAL DISTRICT SETTLEMENT AGREEMENT On 7 December 1999, the Parties hereto participated in mediation of the matters at issue between them. An agreement mutually satisfactory to all Parties and their counsel was achieved on the following terms and conditions: 1. The Parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case, except /1o~ ~ The consideration to be given for this settlement is as follows: (a~"-.-D.~ or before , 199 , s~o. the total sum of $ i~ ~ dollars, ir~ roFm of a payable to the o~ which sum shall be paid o~ibuted by the following Partie~ in the amounts and within the tim~ · ' ~ SET*TLEiViENT AGREE/VIE/VT - 6192.001/22933659 Page and/or (b) ~o~ '""' shall execute a note payable on a State Bar of e~as approve'~rm with the following terms: (i) ~ principal amount. (ii) % interest pre-'~turity and (iii) note d~;_ __ post-maturity. __ maturity date. (iv) '~ Payment terms are: '"-,,, (v) secured by '~ which shall be evidenced by (c) ~,.-~-~-consderabon: (-]('g~ .~c p~.~.~ n~.~ ~-g.-~, --/--. , ~ ~ -~ ' - '.3,) The above styled and numbered case shall be resolved by: (a) an agreed order of dismissal with prejudice with costs taxed to (b) an agreed judgment providing as follows: (c) subject to the approval of the trial court, any agreed judgment shall be signed by the trial judge, but may not be abstracted or recorded or any collection effort made upon same so long as the following conditions are kept: , SE'ITLEMENT AGREEMENT - 6.~92.00.I/22933659 Page 2 4. THE PART[ES AGREE TO RELEASE, DISCHARGE, AND FOREVER HOLD THE OTHER HARMLESS FROM ANY AND ALL CLA[tvlS, DEMANDS OR SUITS, OBL[- GAT[ONS, L[ABTL[TY AND EXPENSE, KNOWN OR UNKNOWN, F~[XED OR CONTIN- GENT, LTQU]:DATED OR UNL:[QU[DATED, WHETHER OR NOT ASSERTED IN THE ABOVE CASE, AS OF TH~S DATE, AR]~S[NG FROM, OR RELATED TO, THE EVENTS AND TRANSACT:IONS WH:[CH ARE THE SUB,~ECT MATTER OF TH]:S CASE FOP~ T~ ~,'- ,"'OLLC, W!NG: This mutual release runs to the benefit of all successors, assigns, in- surers, sureties, attorneys, agents, employees, officers, .directors, shareholders, owners and partners of the Parties except ~//A-- "Party" as used in this release includes all named parties to this case, as well as ~D//~- ., and all related entities of the parties except 5. Each signatory hereto warrants and represents: · (a) he or she 'has authority to bind the party for who-rtl that signa- tory acts. (b) the claim, suits, rights and/or interests which are the subject matter hereof are owned by the Party asserting same, have not been assigned, transferred or sold and are free of encumbrance. 6. (-~,~t ~- ~OO-~rcO shall deliver drafts of any further settle- ment documents to the other Parties by I~c_c->~,~_t- I? , 199 ~ . The Parties agree to cooperate with each other in the timely drafting and execution of SETTLEMENT AGREE~IENT - 6192.00.~/22953659 Page such additional documents as are reasonably requested or required to implement the terms and intent of this agreement. 7. If one or more disputes arise with 'regard to the interpretation and/or performance of this agreement or any of its provisions, the Parties agree to attempt to resolve same by phone conference with the mediator who facilitated this settle- ment. If the Parties cannot resolve their differences by phone conference, then each agrees to schedule a.~ day of Mediation with the mediator within ten (10) days to resolve the disputes and t° share the costs of same equally. :If a Party re- fuses to mediate the interpretation and effect of this Agreement, then that Party may not recover attorneys' fees or costs in any litigation or motion brought tO con- strue or enforce this agreement. Otherwise, if all Parties participate in mediation of disputes relating to the interpretation of this Agreement and that mediation is un- successful, then the prevailing Party or Parties shall be entitled to recover reason- able attorneys' fees and expenses, including the cost of the unsuccessful mediation, all as determined by the Court. 8. Other terms of this settlement are J SE7TLEIHENT AGREE~IENT - 6192.00,~/22933659 Page 4 9. This agreement is made and intended to be performed in County, Texas, and Shall be construed in accordance with the laws of the State of Texas. 10.. Each signatory to this settlement has entered into same freely and without duress after having consulted with pr°fessiona'ls of his or her choice. Each Party hereto has been advised by the Mediator that the Mediator is not the attorney for any Party and that each Party should have this Agreement reviewed by that Party's attorney prior to executing same. 11. This instrument is the exclusive statement of the agreement among the Parties and all prior or contemporaneous agreements, offers, proposals and terms of settlement are merged herein. 12. The Mediator shall promptly forward a report of the outcome of this Mediation to the Court and to the ADR Coordinator. Executed and agreed this ~2'~day of December, 1999. FURSTENBERG CONSTRUCTTON CO., ZNC. CZTY OF DENTON~ TEXAS CORRZGAN & ASSOCIATES FAZRVI'EW AFX Its: ~.., ~ Its Attorney'~~ WRZGHTSON~ 3OHNSON~ HADDEN & WI'LLI'AMS~ ZNC, XTG Its Attorney('/ :~'~j,~ · ' /~ ' "' ~ Its Atto SETTLEAIENT AGREEAfENT- 6192.00,I/22933659 Page 6 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: January 4, 2000 Utility Administration Howard Martin, 349-8232 SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON AND MARK KEMPE, RELATING TO THE CITY'S PURCHASE OF 207.54 ACRES OF REAL PROPERTY, MORE OR LESS, IN THE J. DOUTHIT SURVEY, ABSTRACT NO. 329, IN DENTON COUNTY, TEXAS, FOR PUBLIC USE BY THE CITY WASTEWATER UTILITY DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID REAL ESTATE CONTRACT AND SUCH OTHER AND FURTHER DOCUMENTS AS SHALL BE NECESSARY AND APPROPRIATE TO CONSUMMATE THE PURCHASE OF SAID REAL PROPERTYH; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Wastewater Department is preparing for development activities in the Clear Creek Watershed. Currently, there are no centralized Wastewater Treatment facilities in the area between the City of Denton and the location of the Lake Ray Roberts Water Treatment Plant (Attachment I). The extension of a drinking water pipeline through this region is expected to spur growth. To meet wastewater treatment needs and to provide watershed protection for Lake Lewisville, it is important that we secure property in the clear Creek watershed. The proposed property has buffer zones associated with flood plain areas and the Greenbelt area to the east, which would reduce encroachment around a plant site. There is also the potential for a future property purchase to the west to increase the buffer zone. RECOMMENDATIONS: Staff recommends the purchase of this property. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSION) The Public Utilities Board considered this item on November 15, 1999 and recommends the approval of the property purchase. 1 ESTIMATED SCHEDULE OF PROJECT: Depending on development activities in this area, wastewater treatment may be needed within 5 years. FISCAL INFORMATION: The proposed purchase price is $933,930.00. Department Capital Improvements Program. Funds are available from the Wastewater BID INFORMATION: None. MAP: Respectfully submitted: Howard Martin, AC'XM/Utilities Prepared by: Ji~Coulter ~ ~ Assistant Director for Water Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON AND MARK KEMPE, RELATING TO THE CITY'S PURCHASE OF 207.54 ACRES OF REAL PROPERTY, MORE OR LESS, IN THE J. DOUTHIT SURVEY, ABSTRACT NO. 329, IN DENTON COUNTY, TEXAS, FOR PUBLIC USE BY THE CITY WASTEWATER UTILITY DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID REAL ESTATE CONTRACT AND SUCH OTHER AND FURTHER DOCUMENTS AS SHALL BE NECESSARY AND APPROPRIATE TO CONSUMMATE THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton, Texas and Mark Kempe, in substantially the form of the Real Estate Contract which is attached hereto and made a part of this ordinance for all purposes, for the purchase of that certain 207.54 acres of real property, as more particularly described in Exhibit "A" to said Real Estate Contract; for public use by the City Wastewater Utility Department. The City Manager is further authorized to execute such other and further documents as shall be necessary and appropriate to finally consummate the purchase of said real property. SECTION 2. That the City Manager is hereby authorized to make the expenditures as set forth and provided for in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 AGENDA INFORMATION SHEET Agenda Iter~ , AGENDA DATE: DEPARTMENT: CM]DCM/ACM: January 4, 2000 Engineering & Transport~ion Dave Hill, 349-8314 SUBJECT Consider an ordinance approving a real estate contract between the City of Denton and Emory D. Groening relating to the purchase of 0.145 acres of land for the Riney Road Realignment with U.S. Highway 77; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Mr. Emory D. Groening has executed a Real Estate Contract for the required right-of-way for the realignment of Riney Road with U. S. Highway 77 Widening Project. The contract amount is $8,500.00. The Seller has agreed to this amount for the remainder of his property for the realignment and construction of Riney Road. This price is consistent with other values within the immediate area. This purchase will provide for a safer alignment of Riney Road to North Elm Street (U.S. Highway 77), in contrast to present conditions. OPTIONS 1. Voluntary purchase acquisition. 2. Do not purchase at this time. RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Emory D. Groening for the purchase of 0. 145 acres of land for Riney Road realignment with U.S. Hwy. 77. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zoning Commission recommended approval on July 23, 1997. FISCAL INFORMATION The purchase price is $8,500.00 ($1.35 per square foot), plus closing costs of approximately $300.00. The funding source is 98-99 C.I.P. - Riney Road Paving MAP Attached Prepared by: · Paul Williamson Right-of-Way Agent Respectfully submitted: Engihe~ing & Transportation 288 L LOCATION MAP YNNO0 III SITE MAP i'ianaing and Zoning Miam~ Ju y 23, 1997 '- Page 2 lee Ms. $cbe[/~: Are there any other nomi,=~ons? If there are none, nom.' .mat/°ns are dosed. We w/Il vot~ on the nem//~es in the order of their nomin~tion. I w/Il Ii.st their name ~nd then after I am through if you wffi rahe your fight hand if you are in favor. As m=qy as are in favor of Inn ~n~elbreeht please raise your right hand. (Vote - 3) As many as are in favor of Ellen $chenz please rahe your right frond. (Vote - 4) The new ~=;r per, on by m~jor/ty/s Ellen $cbe~. Thenlr you. For the second nominee we w/Il be ek~ing Vice ~-C~ulr person. The floor/.s open. Ms. Apple: I would like Io nom;nute Bob Powell. Ms. $chenz: Mr. Moreno: Ms. Scher=: Are there any further nom;nntions? I would nomlnnte ~'an F. agelbrecht. Are/here any further nom;n.fions? Seeing none, nominut/om'are dosed. As re.ny as are in favor of Bob PowelL please raise your fight hnnd. (vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Conr~-ml~ione. Consider approval of the minutes of the ~Iuly 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the mlnute~ wiil stand approved as written. Consider making recommendation to rim City Council for the acquisition of the Right-of- Way for U.S. 377 from F.M. 2164 to 1-35. Mr. PoweH: That's not 377 but is 77. Ms. Schertz: You are contr. Let the m;,me_~ reflect that. Mr. Powelh I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I-SS. · Ms. $chertz: Is there any discussion? All in favor, please raise your right hand. Motion passe=. (7-0) Consider rnnL'inS recommendation to the City Council for the acquisition of tim Right-of- Way for Lakeview Boulevard. Mr. Powell: I move met we ma/ce recommendation to the City Council for the aequisifica of the Right-of-Way for r~-*~riew Boulevaed. .Mr. Rngelbreeht: ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EMORY D. GROENING, RELATING TO THE PURCHASE OF 0.145 ACRE OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U. S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Emory D. Groening, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.145 acre of land for the Riney Road Realignment with U. S. Highway 77. SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY STATE OF TEXAS COUNTY OF DENTON REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between EMORY D. GROENING (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the re&ms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land, being described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of Such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the total s%,~ of $8,500.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Prel{m~nary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expenue, ~h~ll have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the .Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that .the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and'shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. AEE008FE PAGE 2 3. Seller's Compliance. Seller shall have performed, served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or. as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller'to Purchaser also as of the closing date= 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment cont~mglated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as s~me are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company, on or before January 31, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). AEE008FE PAGE 3 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall= A. Deliver to CITY OF DENTON, TEXAS, a MUNICIPAL CORPORATION, a'duly executed and acknowledged Deed in the focal as attached hereto as Exhibits ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. ~eneral real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closinq Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual fo~ of Texas Owner's Policy of Title Insurance, provided, however= 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with s~me shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; AEE008FE PAGE 4 10 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens enc~m~ering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the .Property on the day of closing. 2. Purchaser's- Reaulrements. Purchaser shall pay. the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or te~inate this AgreeMent by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. AEE008FE PAGE 5 MISCELLANEOUS 1. Assignment of Aqreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions cont~mglated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforce-hle in any respect, said in- validity, illegality, or unenforce-hility shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Aqreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. AEE00BFE PAGE 6 12 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in · the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of' Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In "accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully, executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. / SELLER B~nO~ D. (~en~.ng - / PURCHASER THE CITY OF DENTON, TEXAS BY: Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 AEE008FE PAGE 7 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal'corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this · 1999 by ~mory D. ~roening. day of Notary Public in and for the State of Texas AEE008FE PAGE 8 EXHIBIT "A" ..All that certain tract or parcel of land ..lying and being situated In the N. ]l. Meisenhoimer Survey, ~st. 810, City and County of Denton, Texas, being part of a Second Tract de~cribed in a deed from Charles Franks to Louis Greening on November 11, 1970, and recorded in Vol. 613, page 183, Deed Records of said County, and being more particularly described as follows.. BEGINNING at a stool pin on tho North right of way of iilghway 77 at a point N. 31" 37' 50" E. 30.0 feet and S.. 58" '!3' E. 144.1 feet from the West corner of said Second Tract; TIIENCE N. 31° 28' m.. 139.92 to a steel pin; TIIENCE S. 580 28' 28" E. 22.50 feet to a steel pin; THENCE S. 1° 39' 30" E. along and near a chain link fence 167.80 foot to s nto,.! pin; TIIENCE N. 58" 13' W. 114.20 feet to the place of beginning, containing in all 0.220 acres of land. SAVE & EXCEPT BEING A PARCEL OF LAND SITUATED IN A ~ 0.220-ACRE TRACT OF LAND AS CONVEYED TO EMORY D. GROENING, RECORDED IN VOLUME 898, PAGE 793, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT}, BEING SITUATED IN THE N.H. MEISENNBMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AB FOLLOWS: COMMENCING at a found 1/2-1nth iron md for the northwest comer of said Groaning tract and the northeast comer of a celled 0.228-a~-e tract of land conveyed to Albert B. Gmbbs, Sr. and wife, Margaret V. Grubbs, recorded in Volume 842, Page 977, DRDCT; THENCE S 31 · 44' 25" W, along a line common to said Greening and said Grubbs tracts, a d;~mncs of 108.55 feet to a set 5/8-inch iron rod with an aluminum cap, being the POINT OF BEGINNING, also being a point on the new north right of way line of U.S. 77; Ill THENCE S 68° 11' 36" E, along the new north right of way line of U.S. 77, s distance of 83.41 feet to a set B/8-inch iron md ~ an aluminum cap on the east line of said Groaning =act and being on the west line of a 0.818-ac~e Tract of land as conveyed to Ch·ds· R, Jack.son, recorded in Volume 1556, Page 214, ORDOT; THENCE $ 010 22' 39" F. with the late common to said Oroening tract and said Jackson tract. a d;~T~,nce of 37.69 feet to a found 1/Z-inch iron rod being tho southsast comer of said Groaning tract, being the southwest comer of said Jackson tracT, and said point being on the existing north right of way line of U.S. 77; (3) THENCE N 68° 03' 18" W, vv;i;~ the line common to said Groaning tract and existing north right of way line of U.S. 77, a distance of 114.00 feet to a found 1/2-inch iron md being r~uthwast comer of said Gmenlng tra~ and being the southeast comer of said Gmbbs =acc (4) THENCE N 31 o 44' 25" F.. with the line common to said Groaning l~act and said Gmbbs l~act, a distance of 31.27 feet to the POINT OF BEGINNING, and containing 0.076 acre, or 3,265 square feet of land, more or 15 Date: EXHIBIT ~B" WARRANTY DEED ~rantor: EMORY D. ~ROENIN~ ~rantee: City of Denton ~rantee's Mailing Address (including county): City of Denton 221 North Elm Street Denton, Texas 76201 Denton, County Consideration: EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO/100 ($8,500.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the N. H. Meisenheimer Survey, Abstract No. 810, Denton County, Texas and being more particularly described in "EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property. ~RANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to ~rantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to ~RANTEE, ~RANTEE'S heirs, executor, a~m~nistrators, .successors or assigns forever. ~RANTOR binds ~RANTOR and ~RANTOR'S heirs, executors, administrators and successors to 16 warrant and forever defend all and singuiar the property to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against eveL7 person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EMORY DJGROENIN~ 435 Kreutzberg Road Boerne, Texas 78006 STATE OF TEXAS COUNTY OF DENTON of ACKNOWLEDGMENT This instr-ment was acknowledged before me on this __ · 1999 by EMORY D. GROENING. day Notar~ Public, in and for the State of Texas My Co ...... ission Expires= Deed-2 AGENDA INFORMATION SHEET Agenda No.~ Agenda I~rp., ~ ? AGENDA DATE: DEPARTMENT: CM/DCM/ACM: January 4, 2000 ~ Engineering & Tra Dave Hill, 349-8314 J)~/'~x SUBJECT Consider an ordinance approving a real estate contract between the City of Denton and Eva Elaine, Inc., relating to the purchase of 1.06 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Ms. Eva Elaine Men'itt, President, Eva Elaine, Inc. has executed a Real Estate Contract for the required right-of-way for the realignment of Riney Road with U. S. Highway 77 Widening Project. The contract amount is $10,000.00. This amount represents a value below market. In this case, the owner acknowledges the increased value the scheduled improvements will add to their remainder tracts. OPTIONS 1. Voluntary purchase acquisition. 2. Do not purchase at this time. RECOMMENDATION Staffrecommends approval of the real estate contract between the City of Denton and Eva Elaine, Inc. for the purchase of 1.06 acres of land for Riney Road realignment with U.S. Hwy. 77. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zoning Commission recommended approval on July 23, 1997. FISCAL INFORMATION The purchase price is $10,000.00 (.22¢ per square foot), plus closing costs of approximately $300.00. The funding source is known as 98-99 C.I.P. - Riney Road Paving. MAP Attached Prepared by: Paul Williamson Right-of-Way Agent Respectfully submitted: Jerry~ectorC~ Engineering & Transportation YNNO0 I~1 (/) ~] SITE MAP ,t.q~--i-g and 7.o.i.g .l'uly 23, 1997 Page 2 Ms. 3cbertz: Am tb~m any mher nomlnndons? If there are none, non~ .umfions are dosed. We will vote on the noml/~ in tl~ orc~ o£ th~/r nomination. ! will li~ ~he/r .nm~_ and then after I am through if you w~l raise your figlg h~,d if you arc in favor. As m~r7 as are in favor of ~'un F, ngelbrecht please raise your fight hand. (Vote - 3) As rn=ny as are in favor of l~llen $chenz plea.se rahe your fight hand. (Vote - 4) The new Cl~ir per, on by mnjority is Ellen ~c/~m. Th~.t- you. For the second nomi,,,-e we will be electing Vice-Chair person. The floor is open. Ms. Apple: I would l~ .to nomln~m Bob Powell. Ms. 3chenz: Are ~here any further nom;n,tions? Mr. Moreno: I would nomlnn~e 31m F, ngelbreclg. Ms. $chenz: Are there any fur, her nomlnntions? Seeing none, nomlnntions are closed." As many as are in favor of Bob Powell, please raise your right l,~nrL (Vote - 4) Seeing there is a majority, the new Vice-Chair person will bc Bob Powell. Congratulations. HI. Consider approval of the mlnures of ~h¢ luly 9, 1997 meeting. Ms. 3chenz: Arc there any correcilons? Seeing none, the minutes will stand approved as written. Consider making recommendation tO file City Council for the acquisition of the Right-of- Way for U.S. 377 from F.M. 2164 to 1-35. Mr. Powelh That's not 377 but is 77. Ms. Schcnz: You are correct. Let the minutes reflgc~ thnL Mr. PoweH: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1-35. Ms. Ganzer: Second. Ms. 3chenz: Is tlzre an,/disc,_,ssion? All in favor, pleese raise your right ~,-~. Motion passes. (7-0) Consider m~t,-in~ recomm~S,~on m the City Council for the accf,i-~!tion of the Right-of- Way for Lakeview Boulevard. Mr. Powelh I move that we ,~o~_ reco,,,m~:,~atlon to the City Council for lhe ac~_~!sition of the Right-of-Way for T~ ~Mr. ~n~elbreeht: Second. ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA .ELAINE, INC., RELATING TO THE PURCHASE OF 1.06 ACRES OF LAND FOR THE RINBY ROAD RBALIGNlvlBNT WITH U. S. HIGHWAY ??; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1'. That the City Manager is hereby authorized to execute a R~al Estate Contract between the City and Eva Elaine, Inc., in substantially the foi~n of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 1.06 acres of land for the Riney Road Realignment with U. S. Highway 77. SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between EVA ELAINE, INC. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the te~s and conditions set forth herein. PURCHASE AND SALE. 1. Seller hereby, sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property 'situated on and attached to the Property, for the consideration and upon and subject to the te&~s, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by January 31, 2.000 shall become property of the City of Denton, Texas. 2. The City of Denton shall take reasonable care to ensure that all utility service interruptions associated with the utility service line relocations, brought about by the Riney Road relocation project, be minimal and timely. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property.shall be the s,~ of $10,000.00. 2. Pa~m_.@nt of Purchase Prl~e. The full ~mounb o~ the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any.of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the ex~iration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition, of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improv~ments, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the ~,,m~er of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable por~ons o£ · the satisfaction of Purchaser. In the event Seller is unable to do AEE008FE PAGE 2 so within ten (10) days after receipt of written notice, Purchaser may te~=,inate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptanoe of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closlng. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date= 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING Company on or before January 31, 2000, or at such title company, AEE008FE PAGE 3 time, date, and place as' Seller and Purchaser may mutually agree upon (which date is herein referred to as the Uclosing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall= A. Deliver to CITY OF DENTON, TEXAS, a M~TRICIPAL CORPORATION, a duly executed and acknowledged Deed in the fo~ as attached hereto as Exhibit ~B" conveying good and marketable t~tle to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obliqations here- of 7 and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Pollcy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas', (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser"s favor in the £ull amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closinu Re~uir=~ents hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner"s Policy of Title Insurance, provided, however= 1. The boundary and survey exceptions shall be deleted if required by Purchaser with same shall be borne by Purchaser~ A~E008FE PAGE 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to'the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering. the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the .Purchase Price" section of this contract at Closing'in immediately available funds. 3. Closinq Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE COMMISSION All obligatlons of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perfo~=~ any of its obligations hereunder or shall fail to oonsuz~nate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser ahoul~ ==il to consul--.ate the purchase of the Property, the conditions to Purchaser's obligations set AEE008FE PAGE 5 11 forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or pe&mitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the si~AAature of the party. 4. Texas Law to ADDlv. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligatlons of the parties created hereunder are perfo&~able in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. .6. Legal. Construction. In case any one or more of the pro- visxons contaxned in this Agreement shall for any reason be held to be invalid, illegal, or unenforce-~le in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. Thi~ Agreement constitutes the sole and only a~re~ment of the partxes and supersedes any p=io~ ~n~erstandin~s or written or oral agre~m~n~ b~w~n ~h~ parties respecting the within subject matter. AEE008FE PAGE 6 1Z 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed 2o include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with..the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of tltle insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1999. SELLER EVA ELAINE, INC. PURCHASER THE CITY OF DENTON, TEXAS EVA ELAINE MERRITT PRESIDENT BY: Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of AEE008FE PAGE 7 13 · 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument · and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perfo~ 'the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of ~0~ , 1999 by Eva Elaine Merritt, President, Eva Elaine, Incorporation, a Texas Corporation known to me' to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the e~e was the act of the said corporation. ROOER N. WILKINSON ~ Notary Public, State- of Texas _~ My Commission Explres') - _'L.'"j _-_ _' _' _' _' _' _' _' _' _'~ Q'7... Nota~ P~bllc in and for the State of Texas AEE008FE PAGE 8 14 · All that certain lot, tract or parcel of land lying and being situated in the N. II. Meisenheimer Survey, Abstract No. 810, Denton County, Texas, and being a part of a (called) 12.818 acre tract of land described in a deed from Texas Conference Association of Seventh-Day Adventists to Eva Elaine, Inc., dated July 20; 1995, as recorded under County Clerk's File No. 95-R0047989 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northwest comer of a tract of land described in a deed to Herbert Thomas Nelson, Ir. and wife, Teresa ~o Nelson, recorded under County Clerk's File No. 99-R0047871 of the Real Property Records of Denton County, Texas, same being on the west line of said 12.818 acre tract, in Riney Road; THENCE North 01 o 15' 00" West with the west line of said 12.818 acre tra~t in Piney Road, a distance of 123.04 feet to a point for comer at the southernmost northwest comer of said 12.818 acre tract; THENCE North 27° 00' 00" West with a west line of said 12.818 acre tract in Riney Road, a distance of 537.38 feet to a point for comer at the northwest comer of said 12.818 acre tract in Riney Road, same being the southwest comer ora tract of land described in a deed to Charlie Melvin Cunningham, recorded in Volume 632, Page 217 of the Deed Records of Denton County, Texas; THENCE North 46° 55' 25" East with a north line of said 12.818 acre tract and a south line of said Cunninghan: tract, a distance of 15.39 feet to a point for comer;, THENCE South 27° 00' 00" East, 25 feet northeast of and parallel to the center of Riney Road, a distance of 171.81 feet to a point for comer a~ the beginning of a curve to the left; THENCE with sldd curve to the left, having a central angle of 42° 46' 08", a radius of 175.00 feet, an arc length of 130.63 feet, with a chord which bears South 48° 23' 04" East a distance of 127.62 feet to a point for comer;, THENCE South 69° 46' 08" East, a distance of 25.59 feet to a point for comer, THENCE North 01° 15' 00" West, a distance of 28.80 feet to a point for comer at the beginning of a curve to the fight; THENCE with said curve to the right, having a central angle of 31 o 55' 31", a radius of 315.00, an are length of 175.52 feet, with a chord which bears North 14° 42' 46" East a distance of 173.26 feet to a point for comer;, THENCE North 30° 40' 31" East, a distance of 61.71 feet to a point for comer on the south right- of-way ofU. S. Highway 77 (North ELm Street) at the beginning ora curve to the right; THENCE with said curve to the right, having a central angle of 01° 13' 36", a radius of 2804.79 feet, art are length of 60.05 feet, with a chord which bears South 56° 54' 14" East a distance of 60.05 fee~ 'o a point for comer;, THENCE South 30° 40' 31" West, a distance of 59. ! 7 feet to a point for comer at the beginning ora curve to the left; THENCE with said curve to the left, having a central angle of 31° $5' 3 I", a radius of 255.00 feet, an arc length of 142.09 feet, with a chord which bears'South 14° 42' 46" West a distance of. 140.26 feet to a point for comer;, TI-IENCE South 01 o 1 $' 00" East, a distance of 395.76 feet to a point for comer on the north line of said Nelson tract; THENCE South 89° 49' 44" West with the north line of said Nelson tract, a distan, ce of 30.01 feet to the POINT OF BEGINNING and containing 1.06 acres of land of which 0.18 acres are within the prescriptive right-of-way. 16 Date: EXHIBIT "B" SPECIAL WARRANTY DEED Grantor: EVA ELAINE, INC. Grantee: City of Denton Grantee's Mailing Address (including county): City of Denton 221 North Elm Street Denton, Texas 76201 Denton, County Consideration: TEN THOUSAND DOLLARS AND NO/100 ($10,000.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the N.H. Meisenheimer Survey, Abstract No. 810, Denton County, Texas and being more particularly described in ~EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easg~ents, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded inst~,ments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations ~rom and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTEE, GRANTEE'S heirs, executor, administrators, successors or assigns forever. GRANTOR binds GRANTOR and ~RANTOR'S heirs, executors, administrators and successors to Deed -1 17 warrant and forever defend all and sin~uiar the property .to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under, but not otherwise. When the context requires, singular nouns and pronouns 'include the plural. EVA ELAINE, INC. BY.' EVA ELAINE MERRITT P. O. BOX 12 PONDER, Texas 76259 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on this __ day of , 1998 by EVA ELAINE MERRITT, of EVA ELAINE, INC., Known to me to be the person and officer whose ~mme is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the sa~d corporation. Notary Public, in a~d for the State of Texas My Commission Expires: Deed-2 AGENDA INFORMATION SHEET Aoenda No, --J~.(~-~ Agenda Item. Date_ AGENDA DATE: DEPARTMENT: CM/DCM/ACM: SUBJECT January 4, 2000 Engineering & Trans~ Dave Hill. 349-8314/~)~ Consider an ordinance approving a real estate contract between the City of Denton and Charles R. Jackson relating to the purchase of 0.462 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefor; and providing an effective date. ~ACKGR.___OUND Mr. Charles R. Jackson has executed a Real Estate Contract for the required right-of-way for the realignment of Riney Road with U. S. Highway 77 Widening Project. The contract amount is $10,927.00. We recently purchased the necessary right-of-way for U.S. Highway 77 (.156 acre @ $9,814.00 or $1.44 per square foot) from this parent tract. The proposed purchase at hand will yield for the overall tract .77¢ per square foot or $20,741, this includes land within the prescriptive right-of-way. Taking an allowance for the prescriptive right-of-way area yields $1.10 per square or $20,741, the value determined by the professional appraisal report. This purchase will provide for a safer alignment of Riney Road to North Elm Street (U.S. Highway 77), in contrast to present conditions. OPTIONS 1. Voluntary purchase acquisition 2. Do not purchase at this time. RECOMMENDATION Staffr¢commends approval of the real estate contract between the City of Denton and Charles R. Jackson for the purchase of 0.462 acres of land for Riney Road realignment with U.S. Hwy. 77. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zoning Commission recommended approval on July 23, 1997. FISCAL INFORMATION The purchase price is $10,927.00 (.55 ¢ per square foot), plus closing costs of approximately $400.00. The funding source is 98-99 C.I.P. - Riney Road Paving MAP Attached Prepared by: Paul Williamson Right-of-Way Agent Respectfully submitted: Jer~ C~ark, l~trector Eng~im~ring &'Transportation NO SCALE I YNNOQ [] ZO ~.~ Ill SITE MAP luly 23, 1997 Page 2 Ms. $chenz: Are there any other non/m/om? If there are none, nominafi. 'ohs ar~ closed. We will vo~ on the nomii~cs in the mier of their nomination. I will Ii~ their .~m~_ and then after I alii through ff you w/Il ~ yotlr right hand if yOU are ill favor. A~ ma.y ~ are in favor of l'~m ~ngelbrecl~ please raise your right h,nd. (Vo~e - 3) AS runny as are in favor of Ellen $chcnz please rahe ~our righ£ hand. (Vote - 4) The new Ctmir person by majority is Ellen $chenz. Thnnk ~ For the second nominee we will be ehaing Wlce _-Ch.lr person. The floor/z open. Ms. Apple: I would like m nominate Bob Powell. Ms. $chenz: Are there any further nmlinafions? Mr. Moreno: I would nominate l'un l~clbrechL Ms. Scherlz: Are ~em ~y ~er ~o~? See~g non~, ~mln~fiom ~ clo~ed. ~ m~ny ~ ~ ~ favor of Bob Pow~ ~e ~e yo~ fi~t ~. ~o~ - 4) See~g ·ere ~ a mjofi~, ~e ~w Vice-~,i~on ~ be Bob Powe~. Co~:~m!~Oom. Comider approval of ~e mlnu~s of ~ 9, 1997 meeting. ~. Sche~: ~e ~e~ ~y co~ecfio~ S~g none, ~e ~ ~ ~ appmved ~ ~Ren. Consider m.ki.g recommendation to th~.City Counofl for the acquisition of the Right-of- Way for U.S. 377 from F.M. 2164 to Mr. Powell: Tim's not 377 but h 77. Ms. $chertz: You are correct. Let t~. ~m~tas reflect that. Mr. Powelh I would move that we r~vn-end to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 m 1-35. Ms. Ga-:,er: Stored. Ms. Schenz: Is there any diso~ssion? A[in favor, please ~!m your righ~ h,n~. Motion passes. (7-0) Consider m.t. ln.. recommendation ~o rim Cay Council for the acq~,isition of gm Right-of- Way for Lakeview Boulevard. Mr. Powelh I rove m~f we m,~,. recommmdation to the City COllrll~il for ~ acq~i_~ifiOn of the Right-of. Way for ! ~k~view Boulem, d. ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETVffEEN THE CITY OF DENTON A_ND CHARLES R. JACKSON, RELATING TO THE PURCHASE OF 0.462 ACRE OF LAND FOR TIlE RINEY ROAD REALIGNMENT WITH U. S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1'. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Charles R. Jackson, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.462 acre of land for the R/ney Road Realignment with U. S. Highway 77. SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY STATE OF TEXAS COUNTY OF DENTON REAL ESTAT~ CONTRACT THIS CONTRACT OF SALE iS made by and between CHARLES R. JACKSON (hereinafter referred to as SSeller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as ~Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit #A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurten~-ces being hereinafter referred to as the mProperty'), together with any improvements, fixtures, and per~onal property situated on and attached-to the Property, for the consideration and upon ~-d subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materlals for any and/or improvements located within the property described in Exhibit mAm. Any improv~ments not removed by March 1, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $10,927.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the ~ansactlons contemplated hereby are s~j~ct to the satisfaction of each of the following conditions any o~ which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy, cn~=itment (the mCo ...... i~mentm) accompanied by copies of all recorded doc-ments relating to easements, rights-of-way, etc., affecting the Property. Purahaser shall give Seller written notice on or before the expiration.of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes~ otherwise, this condition shall be deemed to be acceptable and any objecti~h thereto shall be deemed to have been waived for all purposes. 2. Survev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the gro--d, and shall show the location of all improv~ents, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the n-~her of total acres comprising the Property, together with a metes and bo-nde description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly --dertake to eliminate or modify the unacceptable portions of the su&vey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptauce of the survey. AEE008FE PAGE 2 3. Seller's Complianc*. Seller shall have performed, ob- served, and complied with alI of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations ~-d warranties shall be deAmed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened co_-d_~m-ation or similar proceeding ~r assessment or suit, affect4-g title to the Property, or ~ny part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as ~mended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before March 31, 2000, or at such title company, time, date, and place as Seller ~-d Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requlrement~. At the closing Seller shall: AEE008FE PAGE 3 A. Deliver to The City of Denton a duly executed and acknowledged D~d in the form as attached hereto &~ Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, enc-mhrances, conditions, easements, assessments, and restrictions, except for the following= 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obliqations here- of; and 3. Any exceptions approved by Purchaser in wziting. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the mTitle Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase pric~, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions llsted in Closlnq Reauirements hereof, such other exceptions.as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however= 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed ~None of Recordm; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed aNot Yet Due and Payable"; and AEE008FE PAGE 4 10 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of Closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closina Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consuuunating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to cons~ate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreemen~ or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PuKCEASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Asslanment of Aqreement. This Agreement may be assigned by Purchaser without the .express written consent of Seller. AEE008FE PAGE 5 11 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contAmplated hereby shall survive the closing A--d shall not be merged therein. 3. Notice. Any notice required or pe&~itted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and thei= respective heirs, executors, a~ministrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Leaal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or ~,nenforce-~le provision had never been contained herein. 7. Prior Aareements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. .8. Time of Essence. Agreement. Time is of the essence in this 9. Gender. Words of any ge-der used in this AgreAment shall be held and construed to include any other gender, and words in the singular n-m~er shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Mc~norandum of Contract. Upon request of either party, AEE008FE PAGE 6 both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. :~ 11. Comoliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the ~hstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1999. SELLER PURCHASER THE CITY OF DENTON, TEXAS Charles R. Jackson BY: Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 AEE008FE PAGE 7 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 2000 by Michael W. Jez, City Manager, of the City of Denton· a municipal corporation, known to me to be the person and officer whose name is s~hscribed to the foregoing inst~m'ent and acknowledged to me that the s~me was the act of the said City of Denton· Texas· a municipal corporation, that he was duly authorized to perform the s~e by appropriate ordinance of the City Co~,ncil of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF This instrument is acknowledged before me, on this · 1999 by Charles R. Jackson. day of Notary Public in and for the State of Texas AEE008FE PAGE 8 EXHTBIT ~. H. ~o~cnhoi~or Surve Abet honvoyod by J. E. OC nl CO ~ ~A.L~ ~ap=~C C~ny, I~c., ~tad Jul7 1, 1947, ~eeo~'ded ~;l vo~e'3ul, ~ 112, ~od ~oco~'~ of Denton Ye:ms, ~nd bcin~ ~ore Pa~ul~ly described ~ follows: ~C~ :~or~h 57 do~, ~. ~s~ with the fl~h ~'t~ht-of-way ~ ~orlh 0-de~, ~t ~ost wlllt ~ho .west line oZ s~id A 5 A L!~C Tranapo~,~ Compuny~ ~., tract 280 ~ 4~0 ~oo; to O~ l~:d. tho ~ OF ~, containing ~ a~l 0. GI~ SAVE & EXCEPT BEING A PARCEL OF LAND SITUATED IN A Cai f cT) 0_elS-ACHE PARC~ OF LAND CONVEYED TO CHARLES R. JACKSON, RECORDED IN VOLUME 1556, PAGE 214, D~-fl RECORDS OF DENTON COUNTY, TEXAS {DRDCT), AND BEING SITUATED IN THE N.H. MEISENHEIMERSURVEY, Anal trACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLy DESCHIBED AS FOLLOWS: COMMENCING for reference et a found 1/2-bch irmmd forThe f,,oflhsast comer of a called 0.220-acm parcel of Ire'rd conveyed to Emery O. Greening, ~ in Volume 891L Page 793, DRDCT, same being a point on the .wes; proper line of said Jac~ THENCE S 01° 22' 39" E, ainflg the east lira of'saM ~roenfflg lract and west fine of sam Jackson lrac~ a distance of 129.86 feet to · set 5 ;g4flch iron md widr an adumJnum sag being Tho POINT OF 8E/~INNING. same being a point on Tho new north right of My ko of (1) THENCE S 68° 11' 38" F, dong dm.now anflh debt of way fine of U.S. 77, · dlmflce of 198.25 feet to a set Pi( flail with shiner off 1ho gaas fine of todd Jackson tract being near the can~flfle of Fiiney Road; (2) THENCE S 26° 39' 2.8" F., with the east fine of amid Jackson u'act and the conteflne of said Rifley Read, a d~flce of 61.46 ree~ t~l pof~ IMing Tho somflent comer of hid Jackson trnc~ same being a point an dm exhdng, nmdt dght of way fine of U,S. 77; (:3) (4) THENCE N 58° 02' 39" W, wJlb the south fbmof mddJackson tract, and The exLstiflg north fight of way line of U.S. 77, · distanm o~ 230.00 feet to 8 found 1/24fl~h iron rod for The southwest comer of said Jackson 1tact and ~ dm southeast romar of said Groenhg IrdCt; THENCE N 01 o 22, 39' W, whk dm beommon Io mid J --acC, eon tra~ and safd Greening tract, 3_7.e., f, et to dm mwr m: ,,.d 0.1 se ,=.. = e.8o7 .,a=, t et ,and, et wNdt 1207 mi, mm fam:maddlm In The pmma'ipdve right of way of Riney Road, mom or lesa. 15 Date: EXHIBIT ~B" SPECIAL WARRANTY DEED Grantor: CHARLES E. JACKSON Grantee= City of Denton Grantee's Mailing Address (including co,~-ty): City of Denton 221 North Elm Street Denton, Texas 76201 Denton, County Consideration: TEN THOUSAND, NINE HUNDRED, TWENTY SEVEN DOLLARS AND NO/100 ($10,927.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of landbeing situated in the N.H. Meisenheimer Survey, Abstract No. 010, Denton County, Texas and being more particularly described in ~EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, gr--ts, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GI~ANTEE, GRANTEE'S heirs, executor, a~m~nistrators, successors or assigns forever. GRANTOR binds GRANTOR GRANTeE's heirs, executors, administrators and successors to Deed -1 16 warrant and forever defend all and slngular the property to GRANTEE and GRANTEEtS heirs, executorS, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the s~me or any part thereof· by, through or under, but not otherwise. When the context requires, singular noUns and prono.~e include the plural. BY: CHARLES R. JACKSON P.O.BOX 831967 RICHARDSON, TEXAS 75083 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON of This instrument was acknowledged before me on this __ · 1998 by CHARLES R. JACKSON. day Notary Public, in and for the State of Texas My Co---~ssion Expires= Deed-2 17 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 4th, 2000 Planning & Develop~ment Dave Hill, 349-8314- Agenda Item , [ ate SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 99-474 by establishing exemptions for certain commercial uses from the moratorium established pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain commercial development applications prior to adoption of a revised land development code; providing for a specific exemption for public projects from the commercial development application moratorium; providing for a savings clause; providing for a severability clause; and providing for an effective date. BACKGROUND Ordinance 99-474, which was adopted and became effective on December 14th, 1999, established a moratorium affecting applications for certain general retail and commercial uses. Approximately 140 out of 160 land uses permitted in the city were affected by the moratorium. Several affected land uses are not typically considered retail or commercial in nature. For this reason, a draft ordinance amending Ordinance 99-474 has been prepared for Council consideration (Exhibit A). A list of uses proposed to be exempted from Ordinance 99-474 is attached to the draft ordinance. Section 35-77 of the city's zoning code is attached (Exhibit B) to indicate, through the use of arrows, the proposed land use exemptions. The draft ordinance also contains an exemption for public projects, allowing federal, state, county, or school district projects to proceed normally. OPTIONS 1. Adopt the ordinance. 2. Adopt the ordinance with amendments. 3. Reconsider the ordinance at a later date. 4. Remove the draft ordinance form further consideration. RECOMMENDATION Staff recommends adoption of the ordinance as drafted. ESTIMATED PROJECT SCHEDULE The Ordinance, as drafted, will become effective immediately upon passage. Council is scheduled to consider adoption of interim retail and commercial development standards, at which time the Council may also rescind the moratorium ordinance. PRIOR ACTION/REVIEW Ordinance 99-474 was adopted on December 14th, 1999, as a measure intended to allow a gradual transition from the adoption of the comprehensive plan (on December 7th, 1999), to the adoption of interim development standards. A similar process has been used to manage residential development applications. FISCAL INFORMATION The draft ordinance has been prepared using existing staff resources. ATTACHMENTS Exhibit A: Draft Ordinance Exhibit B: Table 35-77, List of Permitted Uses form City of Denton Zoning Code Exhibit C: Ordinance 99-474 Respectfully submitted'~// Assistant City Manager, Development Services \\CH-LGL\VOLBSHARED~DEPT\LGL\Our Documents\Ordinances\99~Momtorium-eommercial exemptions amendment.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of commemial developmentsqs likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council adopted Ordinance No. 99-474 establishing a moratorium on certain commercial development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance to allow exemptions for certain commercial uses as defined by the ordinance and for a specific exemption for public projects; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 99-474 is hereby amended by adding the following provisions. Exemptions. The moratorium established by Ordinance No. 99-474 shall not apply to the following types of development applications: \\CH-LGL\VOLI\SHARED~DEPT~LGL\Our Doeuments\Ordinances\99'uMoratorium-conunereial exemptions amendment.doe (A) a commercial development application for commemial uses as listed in Exhibit A which is attached hereto and incorporated by reference as if set out word for word; (B) a commercial development application for a public project. A public project is defined for the purposes of this ordinance as any project that is initiated for a governmental entity. This includes but is not limited to federal, state, county, municipal, school district or a subdivision of a school district, special districts allowed by state law, publicly owned utility, or any other governmental or quasi-governmental authority. SECTION 2. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 3. Saving. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 99-474, but all the provisions of Ordinance No. 99- 474 not in conflict with this ordinance shall continue in full force and effect. SECTION 4. SeverabiliW. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Attachment. That a copy of this ordinance shall be attached to Ordinance No. 99-474 sh~wing the amendment herein approved. SECTION 6. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the __ day of .,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: '~ .EXHIBIT A The following specific uses (bold letters) which are listed in Section 35-77 of the Code of Ordinances, City o£ Denton, Texas are exempted form the moratorium created by Ordinance 99-474. · PRIMARY RESIDENTIAL USES ONE FAMILY DWELLING RESTRICTED · EDUCATIONAL, INSTITUTIONAL & SPECIAL USES ART GALLERY OR MUSEUM CEMETERY OR MAUSOLEUM CHURCH OR RECTORY COLLEGE, UNIVERSITY OR PRIVATE SCHOOL COMMUNITY CENTER (PUBLIC) DAY NURSERY OR KINDERGARTEN SCHOOL HOSPITAL (GENERAL ACUTE CARE) INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE LIBRARY (PUBLIC) MONASTERY'OR CONVENT PARK, PLAYGROUND OR PUBLIC COMM. CENTER SCHOOL, PRIVATE PRIMARY OR SECONDARY SCHOOL, PUBLIC OR DENOMINATIONAL SCHOOL, BUSINESS OR TRADE · UTILITY, ACCESSORY AND INCIDENTAL USES PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT SWIMMING POOL (PRIVATE) · RECREATIONAL AND ENTERTAINMENT USES GOLF COURSE (PUBLIC) PARK OR PLAYGROUND (PUBLIC) PLAY FIELD OR STADIUM (PUBLIC) · AGRICULTURAL TYPE USES FARM OR RANCH \\CH-LGL\VOLI~HAREDkDEPTxLGL\Our Documcnts\Ordinances\99'~,4oratorium-commercial amendment exhibit A.do¢ 5 FROM CITY OF DENTON CODE OF ORDINANCES SECTION 35-77 JAN. 4Ta, 2000 EXHIBIT B B. PRIMARY RESIDENTIALUSES-< ONE-FAMILY DWELLING DETACHED ~ X X X X X X X X X I I I X X ONE FAMILY DWELLING ATTACHED ~ S S S S S X X X~ X X ak ONE FAMILY DWELLING RESTRICTED ~ X X X X X ITWO FAMILY DWELLING [ X X x x [ [ Ix x X X X~..~_~..... X X S S S S S S X X S X X X X X X X~X X X s x x ~x x x s s I ~ s C. EDUCATIONAL, INSTITUTIONAL & SPECIAL USESI 1 ak ARTGALLERYORMUSEUM I S S S S S S S S X X X ~ X X X X ak CEMETERYORMAUSOLEUM I S S S S S S S S S S S ~ X X X ak CHURCHORRECTORY [ X X X X X X X X X X X ~ X X X X ak COLLEGE, UNIVERSITY OR PRIVATE I ! SCHOOL [ S S S S S S S S X X X~ X X X lak COMMUNITY CENTER (PUBLIC) [ X X X X ~ X X X X CORRECTIONS_FACILITIES.. .... S, [~] S S X s s s s s s s s s [ ~ x x lak DAY NURSERY OR KINDERGARTEN I S S S S S S S S S X X ~ X X X S S S S S ~ S S S X X S S S S X X X X X X[~X X X S S S S S S S S S S X X~X X X X S S ~ X X X X [ak HOSPITAL (GENERAL ACUTE CARE) I S S S S S X X X ~ X X X X ak HOSPITAL (CHRONIC CARE) I S S S S S X X ~ X X X X ak INSTITUTION OF RELIGIOUS OR I PHILANTHROPIC NATURE I x s s s s s s s x x x~ x x x ak LIBRARY (PUBLIC) I s s x x x ~ x x x x x S s s s S s S X x X~X x ix S s S s s s S S s x X~ x x x -. -- ..... X X X X X X X X X X X X [~l!liii/l~ X X X X ak PARK, PLAYGROUND OR PUBLIC I COMMUNITY CENTER I X X X X X X X X X X X X X X X X ak SCHOOL, PRIVATE PRIMARY OR I SECONDARY I S S S S S S S S X X X X X X ak SCHOOL, PUBLIC OR DENOMINATIONAL I X X X X X X X X X X X ~ X X X X ak SCHOOL, BUSINESS OR TRADE [ S X X ~ X X X X I D. UTILITY, ACCESSORY AND I < ~ ~ ~ ~ & ~ ~ ~ ~ O 0 Z X X X X X X X X X X X~X X X X ___~ ............ s x x x x x x ~ x x x x · - __ ........... . _ .... S ] ~ S X X X · - . X S S S S S S S S X X~ X X X X ..... Z..5 L_~_. _ . x x x x x x x x x x x x ~ x x x x X X X X X X X X X X X~X X X X X X X X X X X X X~ X X X X X X X ~.~ x x x x x x x x x x x ~ x x x x ~ -- ..-~- ~ .... s s s s s s s s s x x x~ x x x x - s ~g~ s x x x lak PUBLIC BUILDING, SHOP, YARD OR I S S S S S S S S S S S S ~ X X X X ...... s s s s s xS xS xS xS xS x ~ x s ~g] x xX xX Xx I Io.UTILITY, ACCESSORY ANDI e S~ S X X X X X X X X X X X X X X~~ X X X X X X~X X X X X X X X X X X X X X Xidex X X X X X X X X X X X X X Xidex X X X --.. X S S S S S S S S S S ~X X X X s x I I~i~x x x x - . ~x x x x X S S S S S S S X X X X X X X · X X X X - s I ~ x x x ~s x ll~l~g~x x x x · . S [ ~ X X X X X X X X X X X X X X X X X X X S S X X X X .PARK OR PLAYGROUND (PUBLIC) ] X X X X X X X X X X X X ~ X X X X XS S S S S S S S X X X X X~X [ ~ X X XiX X X · S [ ~X X X'X - _ . . .~ X X X X S S S S S S S S S X ~ X X X S X[ [t~ X X X _._ s x I ~ x x x _- _ . - s s s s s s s s x x x x~x x x x ..... s ~ x x x S ~ X X X X IF. TRANSPORTATION RELATED I _ s s s s s s s s s s s ~ x x x ~ .................. _ s I ~t~tlx x x x ~~ I ~x x x x ~ "'".. - ............... : .... I ~ x x x x ~ ................................. . .~ X X X X ~ . x x x x ~ i ................. x x x x x x x x x x x x~x x x x ~ ~ s I ~t~tx x x x I~~: , ..... · _ I ~x x x x ........... ~x x x ~~111111~1 I ~x x x x _. _ ~x x x x X X X X · . ~ ........ ~ X X X X 7 ~ ..... 71h ...... _I ~ x x x x [ ix x x x ~ .............. [ I~l~lx x x x i _ .... I ~ x x x x I K. COMMERCIAL TYPE USES I I (CON.)'l ! IPETROLEUM PRODUCTS STORAGE- I I J x x x ~ X X X X [SAND, GRAVEL OREARTH SALES OR [ S ] ] S X X .._. S S X X X X ..... [:~j~l~ x x x x [~1~1 x x x x X X X X X X X X L. NATURAL RESOURCE S × X IPETROLEUM OR GAS WELL I S S X X IPETROLEUM COLLECTING OR STORAGE ! JFAC1LITIES ! ~ S X X IMiNING OR STORAGE OF MINERAL WASTES I S S X X I M. SPECIAL INDUSTRIAL I JBRICK KILN OR TILE PLANT is ~ sxx ,s xx DUMP OR SANITARY FILL AREA S S X X ..... ix× loPES SALVAGE YARD FOR RAGS OR I S X X IMACHINERY, ETC. I ISMELTER°RREFINERY I xx J N. GENERAL MANUFACTURING I I AND INDUSTRIAL USES l< I I ILIGHT MANUFACTURING OR INDUSTRIALII I I lUSES WHICH MEET PERFORMANCE I X X X' ISTANDARDS I IHEAVY MANUFACTURING OR INDUSTRIAL I IUSES NOT PROHIBITED BY LAW AND I IEXCEPTING THOSE SPECIFICALLY LISTEDI x x lASREQUIRING S.U.P.'S WHICH MEETI ~S~ X X X X X X POSSIBLE EMISSION OF EXCESSIVE SMOKE, I NOISE, GAS, FUMES, DUST, ODOR, I VIBRATION OR THE DANGER OF FIRE, I EXPLOSION OR RADIATION AS MAY BE I DETERMINED BY THE HEALTH, FIRE OR [ S X BUILDING OFFICIALS TO BE PRESENTLY OR I IN THE FUTURE LIKELY TO BE A HAZARD I OR NUISANCE TO ADJACENT PROPERTY OR I THE COMMUNITY AT LARGE BUT WHICH I MAY BE LOCATED AND OPERATED UNDER I SPECIFIC STANDARDS I LEGEND: SHADED - LAND USE AFFECTED BY ORDINANCE 99-474 UNSHADED - LAND USE UNAFFECTED BY ORDINANCE 99-474 UNSHADED WITH ARROW (~') - LAND USE AFFECTED BY ORDINANCE 99-474; PROPOSED EXEMPTION AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supereedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to commercial land use and growth management; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for determining consistency with the. adopted Comprehensive Plan. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Moratorium Established. (A) Except as otherwise provided herein, from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any commercial development application, nor take any action to process such application or any other commercial development application previously filed before the effective date of this ordinance, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or isshance of preliminary or final approvals of such applications. 10 (B) In the event that an application for a commercial development application is submitted to the City, the application shall be returned, together with any proffered application fee~ to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. (c) Any action taken by any City employee, officer, agent, bureau, department or commission of the City to accept for filing or to further process a commercial development application after the effective date of this ordinance is deemed void and of no effect. SECTION 2. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. City means the City of Denton, Texas. Commercial development application means an application for detailed plan, preliminary plat, or final plat approval for commercial uses. Commercial development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Commcmial uses means any uses allowed by right or by special use permit under the C6mmercial District and General Retail District as provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that contains any such uses. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Secti°n 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. 11 Page 2 of 5 Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary_ plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zonim, apnroval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION 3. Relief From Moratorium. A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. o The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credibie evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) (b) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; the. suitability of the proposed commercial uses in light 'of land uses allowed in the zoning districts on property adjacent to the proposed site; 12 ~ Page 3 of 5 (c) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. 4. The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. B. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SECTION 41 Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000. SECTION 5. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this ~nd thc provisions of this ordinan~o arc severable. 13 Page 4 of 5 SECTION 7. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the ~day of. ~~ ,1999.' JACI~/LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 14 Page 5 of 5 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA iNFORMATION SHEET January 4th, 2000 Planning & Development~partment Dave Hill, 349-8314~y~r-k Agenda No: ~i?~ ~~:~1~"::?~ Agendaltem --~:~-' ' ...... ;! Date i - ~ _oD ,, SUBJECT Consider the following requests for relief establishing moratoria to apply to certain sp a. b. Children's Lighthous c. Denton Independent d. Denton Cancer Cente e. Shadow Brook Place f. Meztler's Addition from the provisions of Ordinances 99-473 and 99-474, ~cified development applications: Kwik Industries ' Learning Center Ichool District projects In deciding whether to grant relief tc the following: (a) whether granting relief from implementing residential densi proposed interim development (b) the suitability of the proposed districts on property adjacent t, (c) the impact of the proposed re the applicant, the City Council shall take into consideration the moratorium jeopardizes the City's best interests in ~y limitations or other development standards contained in the regulations; residential uses in light of land uses allowed in the zoning ~ the proposed site; sidential use on the transportation and other public facilities (d) (e) (f) (g) any fees reasonably paid in cor (h) any representations made by tl the detriment of the applicant. systems affected by the develo )ment; the measures proposed to be ltaken by the applicant to prevent negative impacts of the proposed use on the neighborh9od; the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; ~ the total expenditures made ih connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; nection with the proposed use; ~e City concerning the project and reasonably relied upon to 1 BACKGROUND Ordinances 99-473 and 99-474 (Exhibits g and B) were adopted by City Council on December 14h, 1999. These ordinances specify certailt types of residential, general retail, and commercial development applications that are subject ~o moratoria intended to temporarily postpone application review and processing until interim standar~ls are adopted. Ordinances 99-473 (Section 5) and 99-474 (Section 3) also contain provisions that alloW applicants to request moratorium relief, and contains the following evaluation criteria to be used by ~ouncil: Requests for Relief Applicants requesting moratoria relief must petition the Council in writing. received since December 14th, 1999 (see Exhibit C, Attachments a through f). applications is provided below: Six petitions were The status of these a. Kwik Industries Location: Zoning: Platting: Comp Plan Consistency: Southeast comer of University and Bonnie Brae Planned Development (PD-5) Not platted Proposed use is consistent with CommunitY Activity Center designation b. Children's Lighthouse Learning Location: Zoning: Platting: Comp Plan Consistency: Center East side of Teasley, south of Hickory Creek Road Neighborhood Service Not platted Proposed use is consistent with Neighborhood Centers designation e. Denton Independent School District projects Location: Zoning: Platting: Comp Plan Consistency: Within neighborhoods throughout the city Single-family and planned development Not platted Proposed uses are consistent with Neighborhood Centers designation d. Denton Cancer Center Location: Zoning: Platting: Comp Plan Consistency: Southeast comer of I-35E and State School Road Office and Commercial Not platted Proposed use is consistent with Regional Activity Center designation e. Shadow Brook Place Location: Zoning: Platting: Comp Plan Consistency: South of E1 Paseo, between Montecito and Forest Ridge Proposed SF-16 Not platted Proposed use is consistent with Neighborhood Centers designation L Meztler's Addition Location: Zoning: Platting: Comp Plan Consistency: Northwest comer of 1-35 and University Drive Light Industrial Preliminary Plat recently approved Proposed use is consistent with Regional Activity Center designation OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (and referenced on page 1). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lifted. As per current schedules, City Council is expected to consider adoption of interim residential development standards and retail / commercial development standards on January 18th, 2000. Should the interim standards be adopted, staff will recommend that the moratorium ordinances be terminated upon the effective date of the interim standards ordinances. PRIOR ACTION/REVIEW None of the attached petitions have been reviewed previously. requesting moratoria relief to be heard by Council. This is the first series of petitions FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS Exhibit A: Ordinance 99-473 Exhibit B: Ordinance 99-474 Exhibit C: Written Petitions Requesting Moratorium Relief a. Kwik Industries b. Children's Lighthouse Learning Center c. Denton Independent School District projects d-l, d-2, d-3. Denton Cancer Center e. Shadow Brook Place f. Meztler's Addition ,.2~submitted: ~/~ DaY-Hill Assistant City Manager, Development Services F :\SHARED\DEPT\LGL\Our Documents\Ordinances\99~noratorium-residential-8 .doc EXHIBIT A AN ORDINANCE OF THE CITY OF ~ENTON, TEXAS~ AMENDi~NG AND SUPERCEDING IN ITS ENTIRETY oRDrNANCE!NO. 99-440 ESTABLISHrNG A ~ORATORIUM PENDING THE ADOPTION OF IN~EPd~ STANDARDS FOR APPLYING POLICIES OF THE ADOPTED CO~PR~HENSIVE PLAN TO CERTArN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS~RIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING/~N EFFECTIVE DATE. WHEREAS, the City of Dentonihas enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 199~, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensix residential land use, growth managemel WHEREAS, the City intends including inter alia its zoning and sub goals and strategies; and WHEREAS, it appears that substantial applications developments is likely to occur in the i~,tterVening time period; and e Plan contains policies, goals and strategies related to tt, housing and open space provision; and to comprehensively amend its Code of Ordinancesl ~ivision regulations, in order to implement such polices, for approval of residential 'WHEREAS, it further appe~s that approval of such development applications inconsistent with the new Comprehensi~ve Plan is contrary to the intent and Purposes of the plan; and I WHEREAS, a joint public hear Council concerning the adoptiOn of inte WHEREAS, at the December 7 such interim regulations; and ng of the Planning and Zoning Commission and the City rim regulations was held on December 7, 1999; and 1999 joint meeting the City Council was unable to adopt WHEREAS, at such City Core, oil meeting the City Council adopted Ordinance No. 99- 440 establishing a moratorium on c~rtain residential development applications pending the adoption of the interim regulations; an~ WHEREAS, the City councili finds that it is in the public interest to amend such ordinance in its entirety. THE COUNCIL OF THE CITY OF DI~NTON HEREBY ORDAINS: SECTION 1. Ordinance No. 9 ~-440 is hereby amended and superceded in its entirety to read as hereinafter provided for in this. >rdinance. F:\SHARED\DEPT\LGL\Our Documents\Ordinances\99~ SECTION 2. Moratorium Estat (A) ~noratorium-residential-8.doc lished. Except as otherwise provided herein, from and afmr the effective date of this ordinance and during tile Moratorium Period as specified in Section 4 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept fo~filing any residential development application, nor take any action to process suOh application, including but not limited to acceptance of fees, review or evaluatipn of the applications, scheduling for public review or hearing, fommlation of qonditions or issuance of preliminary or final approvals of such applications. (B) (c) In the event that an application for a residential application is submitted to the City, the aPplication shall be returned, together with any proffered application fee, to the applicant with ngtification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. Any action taken by ar commission of the City' a residential developmel deemed void of no effec SECTION 3. Exemptions. development applications: y City employee, officer, agent, bureau, department or o accept for filing or to further process an application for tt application after the effective date of this ordinance is his ordinance does not apply to the following types of (A) an application for a building permit for a single-family or two-family dwelling; (B) an application for apprqval of a detailed plan for residential use that has been accepted for filing prior[o December 15, 1999; (C) (D) (E) an application for appr( two-family subdivision, prior to the effective d amendment of a prelir subdivi,sion, where a de~ to December 15, 1999; an application for appr which is subject to a .val or amendment of a final plat for a single-family or where a preliminary plat has been accepted for filing ate of this ordinance or an application for approval or finary or final plat for a single-family or two-family ailed plan has been approved or accepted for filing prior >val of a building permit for a multi-family dwelling, ~etailed plan approved or accepted for filing prior to December 15, 1999; ~ an application for appro' ral or amendment of a preliminary plat for a single-family or two family ~ubdivision, whcro thc application was accepted for filing prior to the effective date of thi'.; ordinance or which is subject to a general development plan approved prior to s~ ~ch date; 5. F :\SHARED\DEPT\LGL\Our Documents\Ordinances\99x fi) (G) (H) an application to approv, any concept plan or det~ Planning and Zoning Co any application for appt for decision on the C subsequent application on such date. noratorium-residential-8.doc non-residential development. tiled plan that was remanded by the City Council to the mission prior to the effective date of this ordinance. ~val of a specific use permit for residential use pending ity Council agenda for December 7, 1999 and any )r residential use subject to a special use permit approved application for the same property. SECTION 4. Definitions. For to mean: The exemptions contained in this sect [on allow such applications to be processed and finally decided but do not apply to nor autho~ ize the filing of any subsequent residential development ~urposes of this ordinance the following terms are defined Accepted for filine me ms the status of a residential development application following submission md acceptance as complete by the Director of all application materials an{i documents required by the City Code of Ordinance. City means the C~ty of Denton, Texas. Concept plan means a g, IV of the Code of Ordin~ Density means the maxi classification per unit of ~neral concept plan as provided for in Chapter 35, Article races of the City. mum number of dwelling units allowed under the zoning land. Detailed plan means a ~etailed plan as provided for in Chapter 35, Article IV of the Code of OrdinanceS>f the City. Development plan mca Article IV of the Code o Director means the Dire. Final plat means a final Section 34-15 of the Co~ Multi-family means mu as a development plan as provided for in Chapter 35, f Ordinances of the City. :tor of Planning and Development or his designate. plat as defined in Section 34-11 and as provided for in le of Ordinances of the City. ltiple-family dwelling (apartment) as defined in Section 35-76 of the Code of Or linances of the City. Planned development m~ans a planned development district as defined in Chapter 35, Article IV of the Comte of Ordinances of the City. F:\SHARED\DEPT\LGL\Our Documents\Ordinances\99X noratorium-residential-8.doc Preliminary plat means la preliminary plat as defined in Section 34-11 and as provided for in Section 24-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Residential developmen: application means a request to establish the use of the ,urposes or a request to grant a permit for such purposes, tent or approval of single-family attached or detached, mily dwellings. Residential development application e or rezone land for residential use; or request to approve an, development plan, or detailed plan for a planned .'quest to approve or amend a preliminary or final plat for tuest to approve a building permit for a multi-family levelopment application refers to the application form, ~nts and exhibits required of the applicant by the City for }oses. Residential zoning dist~ ct or residential uses means multi-family dwelling, two- family dwelling, one-tamily dwellings, attached, and one-family dwelling, detached uses. ' Rezoning means an appiication for amendment, supplement or change to zoning as provided for in Sectio~ 35-7 of the Code of Ordinances of the City. Single-family, attached l means one-family dwelling (attached) as defined in Section 35-76 of the Coz [e of Ordinances of the City. Single-family, detached means one-family dwelling (detached) as defined in Section 35-76 of the Coz te of Ordinances of the City. Two-family dwellina m, :ans a two family dwelling as defined in Section 35-76 of the Code of Ordinances >fthe City. Zonina means an appl: cation for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City.; property for residential I including the establishn two-family, or multi-fa includes a request to zor or amend a concept pl development district; a r residential use; or a re dwelling. Residential together with all docum~ development review pu[ Zoning map means Zonigg district map as defined in Section 35-3 of the Code of Ordinances of the City. F:\SHARED\DEPT\LGL\Our Documents\Ordinances\99~ moratorium-residential-8.doc SECTION 5. Relief From Mor~[torium. A. Relief requests 1. The applicant may petition the City Council for relief from the moratorium by r~questing such relief in writing. 2. The Ctty Council shall not relieve the applicant from the requirements of this ordinance, tmless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium dep~ ives the applicant of a vested property right or deprives the applicant oft ae economically viable use of his land. In deciding whet her to grant relief to the applicant, the City Council Shall take into conside ration the following: (a) whether ~ ianting relief from the moratorium jeopardizes the City's best inte]ests in implementing residential density limitations or other deyelopment standards contained in the proposed interim (b) developn the suitak 'allowed i site~ (c) the impa, ent regulations; ility of the proposed' residential use~ in light of land uses the zoning districts on property adjacent to the proPosed :t of the proposed residential use on the transPortation and otherlPublic facilities systems affected by the development; (d) the meas negative (e) the likelil followin (f) (g) (h) ares proposed to be taken by the applicant to prevent mpacts of the proposed use on the neighborhood; rood that sUfficient relief will be provided to the applicant adoption of the interim regulations; the total' expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs pfinstalling infrastructure to serve the project; any fees ~easonably paid in connection with the proposed use; any repr6sentations made by the City concerning the project and reasonab!y relied upon to the detriment of the applicant. The City Council may take the following actions: F :\SHARED\DEPT\LGL\Our Documents\Ordinances\99 moratorium-residential-8.doc (a) deny the ~:elief request; (b) grant the relief request; or (c) grant thei relief request subject to conditions consistent with the criteria set forth in this section. B. Minimum relief. Any ~elief granted by the City Council shall be the minimum deviation from ordinanCe requirements necessary to prevent deprivation of a vested property fight. SECTION 6. Moratorium Per~od. The moratorium established by this ordinance shall commence on the effective date of th~s ordinance and expire on February 2, 2000. The City Council reserves the right to extend the moratorium if the interim regulations do not become effective on or before said date. Shou] ordinance adopting the interim regulati, the date of such adoption. SECTION 7. Preamble Finding of this ordinance are substantive and ar d the interim regulations be adopted before said date, the >ns will contain a clause terminating the moratorium as of s. The findings and recitations contained in the preamble hereby incorporated into the body of this ordinance. SECTION 8. Severabilit¥. If any.provision of this ordinance or the application thereof to any person or circumstance is held !invalid-by any court, such invalidity shall not affect the validity of other provisions or applicat!ons, and to this end the provisions of this ordinance are severable. SECTION 9. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED thls the/__~___-day of December, 1999. ATTEST: JENNIFER WALTERS, CITY SECRE I?ARY HERBERT L. PROUTY, CITY ATTO '~'rEY:9. ~ EXHIBIT B AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to commercial land use and growth management; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices} goals and strategies; and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and .'WHEREAS, it further" appears that approval of such development applications 'inconsigtent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for determining consistency with the adopted Comprehensive Plan. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Moratorium Estal~lished. (A) Except as otherwise pr6vided herein, from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for ifiling any commercial development application, nor take any action to process ~uch application or any other commercial development application previously filed before the effective date of this ordinance, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final apprOvals of such applications. (B) In the event that an application for a commercial development application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or furthei processing for the duration of this Moratorium Ordinance. (c) Any action taken by any City employee, officer, agent, bureau, department or commission of the City to accept for filing or to further process a commercial development application after .the effective date of this ordinance is deemed void and of no effect. SECTION 2. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. City means the City of Denton, Texas. Commercial development application means an application' for detailed plan, preliminary plat, or final plat approval for commercial uses. Commercial development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Commercial uses means any uses allowed by right or by special use permit under the Commercial District and General Retail District as Provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that contains any such uses. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Section 34-11 and as pr6vided for in Section 34-15 of the Code of Ordinances of the City. 11. Page 2 of 5 Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary_ plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. 'SECTION 3. Relief From Moratorium. A. Relief reouests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan conastency criteria; (b) the suitability of the proposed commercial uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; 12. Page 3 of 5 (c) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (g) the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. 41 The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Bo Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivatiqn of a vested property right. SECTION 4. Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000. SECTION 5. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated intothe body of this ordinance. SECTION 6. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of' other provisions or applications, and to this end the provisions o£ this ordinance are severable. 13._ Page4 of 5 SECTION 7. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the ~_~day of ']~~/ , 1999. JACI~__~ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 14. Page 5 of 5 wJk INDUSTRIES, INC. From design and construction through service and supplies, December 16, 1999 EXHIBIT C.a . Kwik Kar 0IL & LUBE 10 MIN, OIL CflANGE Kwik Kar LUBE & TUNE 10 MIN. 0l!. CHANGE Kar Wash SALES - SERV CE The Honorable Members of The City Council City of Denton, TX 215 East McKinney Street Denton, TX 76201 Re: Relief from the Development Moratorium passed December 14, 1999. Ladies and Gentlemen: Kwik Industries, Inc. would like to request relief from the moratorium placed on real estate development enacted during the City Council meeting on December 14, 1999. We are in the process of developing two sites on the south side of University Drive just east of Bonnie Brae. Our intended use is commercial development of a free standing dry cleaning establishment and a self-service car wash. The intended use is consistent with current, pre-moratorium zoning. The architecture and engineering for the dry cleaner will be consistent with and grossly similar to the Kwik Kar Lube Center on the southwest comer of University Drive and Bonnie Brae. The car wash will be consistent with the enclosed elevation and site plan. We look forward to working with the City and its Council to create facilities of which we can be proud for years to come. We currently have buyers for both of these projects. Significant delay, as a result of the moratorium, would cause a high probability of our losing these investors. Therefore, we request relief from the moratorium and permission to continue with our platting and development of these properties. Thank you for your prompt consideration of this matter. Siff0erely; [/ DeveJ~pm%nt Coordinator 4725 Nail Road 15. Dallas Texas 75244 214-458-9761 1-800-442-5368 FAX 214.458-0948 t- z 0 n/ <~ 0 z ? _o w hi C~ C~ 16. ~, z ,00'0~'~ 3 ,,Lg,I, LO0 N Z w oO ~ o o oo o ~oo~ ] ,,Lcj,~L.O0 N 20. 10:30 2143~32008 WEATHERFORD 00 PAGE 02 WEATHERFORD CO. COMMERCIAL RF~ff., ESTATE EXHIBIT C.b. December 17, 1999 Honorable City Council Denton City Hall 215 E. McKinney St. Denton, Texas RE: Preliminary plat on 35.4 acres SF-7 and 1.73 acres neighborhood service for a Children's Lighthouse Learning Center. Dear Council Members, We were approved for the above zoning on October 19, 1999, made application, paid the platting fee, and submitted a preliminary plat in mid-November thereby becoming exempt from the moratorium approved on December 7, 1999. Wlllard Baker~ my partner, specifically asked the Council on December 7, 1999 if the above property was exempt from the moratorium. Mayor Miller then asked Dave Hill the same question and Dave Hill's response was "yes" we were exempt. We had a 2=30 DRC meeting December ~6, 1999, and were told that the City could not process our plat because we were subject to the commercial moratorium and were not exempt. The City also said we could not: separate our residential plat from our commercial plat and proceed with the residential plat, from which we were exempt. This was obviously unintentional on everyone's part. Mark Donaldson told us we could request relief from the Council and the Council could vote on it January 4, 2000. We are under contract on the property and will run out of time if we continue to get delayed. WU respectively request relief from the commercial moratorium so that the Children's Lighthouse Learning Center and our exempted residential plat can proceed. 4005 University Blvd, · Dallas · Texas 75205 · Telephone 214.521.7011 · Fax 214.528.5016 * Mobile 214328. 23.. Denton Independent School District 1307 North Locust Denton, Texas 76201 EXHIBIT C.c. December 17, 1999 Mr. Mike Jez City Manager City of Denton 215 East McKinney Denton, Texas 76201 Dear Mr. Jez: I am writing pursuant to the commercial and retail moratorium adopted by the Denton City Council on Tuesday, December 14, 1999. The moratorium will create major delays of several pressing school construction projects. Waiting to process these projects until after February 16, 2000, will push the District well past established construction schedules and move-in dates. Any delays in our project schedules could mean that D.I.S.D. is unable to expand its facilities to keep pace with enrollment growth. Projects directly impacted by the moratorium are listed below by each month construction is scheduled to start: January Borman Elementary Renovations and Additions Ginnings Elementary Renovations and Additions Evers Park Elementary Renovations and Additions Rivera Elementary Renovations Strickland Middle School Renovations Denton High School Renovations and Additions February Las Flores Early Childhood Center - New Construction March Hodge Elementary Renovations and Additions McNair Elementary Renovations Wayne Stuart Ryan Elementary - New Construction I request that these projects be placed on a City Council agenda as soon as possible for authorization to proceed. 22. Your assistance is greatly appreciated. Please feel free to contact me at (940) 387-6151 to discuss this issue. Sinct~Y, Dr. Ray l~raswell, Superintendent of Schools 23. December 20, 1999 EXHIBIT C.d.1 The Honorable Mayor & Members of the City Council City of Denton 2221 N. Elm Denton, Texas 76201 RE: Denton Cancer Center Final Plat Approval Dear Mr. Mayor and City Council Members. On November 16, 1999 the City Council approved the Zoning Change Request (Z-99-076), for property located at the Southwest comer of Interstate Highway 35 and State School Road. Subsequently, the approval of the Final Plat for our Cancer Treatment Center was removed from the December 15, 1999 City Council Agenda due to a moratorium on commercial development enacted by a City Council ordinance. This obviously delays the construction schedule for this state of the art facility that will serve the needs of Denton and the surrounding area. As owner of the subject property and in accordance with SECTION 3.A. 1 of the moratorium ordinance the undersigned hereby petitions the City Council for relief from the moratorium and requests that this property be developed in accordance with ordinance provisions that existed at the time of Zoning Change approval which was granted on November 16, 1999. It is further requested that this appeal petition be presented for action at the first scheduled City Council meeting in January. Thank you very much for your consideration in this matter. Sincerely, PHYSICIAN RELIANCE, LP A WHOLLY OWNED SUBSIDIARY OF US ONCOLOGY David S. Chemow Chief Development Officer 24. 16825 Northchase Drive ' Suite 1300 ° Houston, Texas 77060 (281) 873-2674 EXHIBIT C.d.2 December 21, 1999 ] & S WOOD, L.P. P. O. Box 806 Dec~r, Tcxu 76234 9401627-2177 City of Denton 215 E. McKinney St. Denton, Te%as 76201 Dear Mayor & Council Members: ] & S Wood, L.P. has entered into n contract wilh Physician R¢l!anc, c. Gro. up.to purchase Lot 2. Block 1 of the Denton Cincer Center. The property iocauon, is me southwest corner of the 1-35E and S.t~. School Rood intersection. This. is app .r~.l.l~te, l_y 2.16 acres of property we are purchasing for additional dlsplny area ot..o..ur veMcles mr ac as well as thc main cntr&nce to our to be constructed new sales budding. our property but will be the shared entrance with our neighbor, The Denton cancer Cen~r. The location of buildings, completed site plans, drainage ~csign mat inciud.e,s water, from ~.~ Cancer Center .Property, gtc. bas. l~.n dcvelOl)ed w'th 1' nm m Decliner and January. Th- -,,,,""',, ,'"' well into the desitn of thc widening pro~t of Sm?c Sch.oul v v~,,,,,,,-o .-,... -- .-,.· n,.,I. Th~ (~itv hs ~ us to eo0rdi''"'~ ,h,e project for our part as w~ll ~s t~ sccuo 25. Due to thc recent Moratorium set by the Council our development of this property and purchase is now delayed. We ~ ~r ~yor ~ ~ml Member~ p . p~t of ~is pr~y ~ ~r proj~ my ~nnne n pla~d, We u~r~ ~e~ is a c~ ~ y~r renew o~ ~ situation ~ pmj~t in mind, ~r proj~t mi~t ~ ~t ~[ hn~q on ]~uaq 11, ~. bd~h~r. Wc ~ y~r help. General Manager 26, EXHIBIT C.d.3 December 16, 1999 The Honorable Mayor & Members of City Council City of Demon 215 East McKirmey Street Denton, Texas 76201 RE: Request for Relief from the Moratorium for Denton Cancer Center (southwest corner of IH35 and State School Road) Dear Mayor and Member of City Council, On behalf of Physicians Reliance, L.P. and the Trammell Crow Company, I would like to respectfully request relief from the Moratorium to Certain Specified Commercial Development. This request is based upon the following; 1. Planning & Zoning Commission recommended approval for this project on October 27. 1999. 2. City Council Approval on November 16, 1999 for the Zoning (Z-99-076) for this project. In the City of Denton's approval for this project, it states "WHEREAS, the City Council finds that the change in zoning will be consistent with the 1998 Denton Plan Policies and the 1999 Growth Management Strategies and Plan and will provide for a sensible and compatible arrangement of land uses" 3. Numerous DRC meetings with the City of Denton discussing the specifics of the Denton Cancer Center. The City of Denton staff, the Trammell Crow Company and our consultants have spent a lot of time and money to date for this project. 4. 100% Civil Engineering and Landscape plans have been completed, submitted and approved by the City of Denton. 5. 100% Building Plans (Architectural, MEP etc) have been completed and submitted to the City of Denton for review. 6. This project has been competitively bid to several contractors and a contractor has already been selected for the construction for both the James Wood portion of the project and the Denton Cancer Center. 7. Delay of this project adversely affects the viability and the economics of the Denton Cancer Center and the sale ora portion of the land to James Wood. 8. The Plat for this project was to be approved at the City of Denton P&Z meeting on Wednesday, December 15, 1999. Due to the moratorium, the plat was removed from the agenda. 27. Trammell Crow Dallas/Fort Worth 2200 Ross Avenue, Suite3700 Dallas, Texas75201-2770 214-979-6100 The Denton Cancer Center is needed in Demon and would be a tremendous enhancement to the City. This facility will provide critically needed outpatient treatment for cancer patients. We would further request that this request for relief from this moratorium be presented for action at the first scheduled City Council Meeting in January. We are committed to the success of Denton and feel this quality development will further enhance the City of Denton. I welcome the opportunity to discuss or clarify any of these issues for you. Please do not hesitate to call me at 214-979-6369 to discuss any of these issues further. Sincerely, TP~MELL CROW COMPANY ~ane, P.E. Manager of Design/Construction CC David Hill - Assistant City Manager - Development Services 940-349-8596fx Mark Donaldson- Assistant Director of Planning 940-349-7707fx Mayor Jack Miller 940-387-4383fx Councilman Carl Young, Sr. Councilman Neil Durrance Councilman Mike Cochran Councilman Sandy Kristoferson Councilman Roni Beasley Councilman Mark Burroughs Thomas Gray - City of Denton Planner A1 Hirschler - PRN/US Oncology - 281-877-1708fx Matt Goodwin / Jason Weaver - Goodwin Marshall 817-446-3116fx Doug Gordon Galen Johnson 28. DEC-21-99 17:04 FROM:BRUCE TURNER 9728186719 EXHIBIT C.e , T0:98175668236 PAGE:OOlx003 December 21, 1999 TE~.~COPIEI~: (9?~:) /11,5-6';19 Via Fax 940-349-8236 and Certified Mail, Return Receipt Requested Mr. Michael Jcz, City Manager City of Dcnton 215 East McKinney Denton, Texas 76201 Re: Status of Zoning Application fbr Shadow Brook Place ("SBP") Dear Mr. Jez: In June, 1999, SBP filed its application, for annexation into the City o'l' Denton in order to develop approximately 32 acres into residential lots. A.t the same time SBP filed its application for SF-16 zoning for said acreage, beii~g the identical zoning to that granted both to the east and. to the west boundaries. On November 16, 1.999 SBP's requests for annexation and zoning canoe before the City Council ("the "Council"). Although fhere were no objections to our annexation or to the zoning requested, the Council did grant neighboring homeowners the right to speak on. their concerns regarding thc floodplain area of the dex,elopment. Annexation was approved by the Com~cil on November 16, 1999 and although no obiectio'ns were voiced to the zoning of the property, and the Council woul~l have control as to any }mprove~nents i.n thc floodplain following annexation, the Core, cji voted to approve the annexation request bur to delay approval of zoning pending receipt of the restdts of the floodplain study in process by the developer and a. city-directed meeting between the developer mid the neighbors. It was m3derstood that the deceloper would make every effort to have this completed in order to be before the Cotmcil on January 18, 2000 for final zoning approval. Should everything not be completed at that time, zoning before ~he Comlcil was to be scheduled by Plmming and Zoning at the earliest meeting following receipt of the study m~d a' meeting with neighbors. SBP is still working 'toward that end. Since the November 16th meeting, the Cotm¢i.I has adopted a moratorium ordinance which SBP believes should not change the directions of the Council on Nuvember 16 regarding our zoning approval hearing. Remember, SBP's application was received mid heard by thc Council, but 'was 'postponed at the Councirs request. By virtue of these facts alone, isn't SBP's zoning application exempt from the moratorium ordinance? 29. 17:05 FROM:BRUCE TURNER 992B186919 TO:~B1956682~6 P~GE:002~00~ City of Denton · December 21, 1999 Page 2 SBP has reviewed 'the recent moratorium ordinance and does not appear to be covered by tl3.e statutory exemptions including those contained in subsection (h) of section 4; however if that is incorrect, please inform cts. If SBP is covered by the moratorium, ordinance and is not covered by flae exemption., SBP ~.ssuc currently petitions the Council for relief from the ordinance requirements as to the zoning ' ' ' ' scheduled for Januax7 18, 2000. Ihe above-contained information demonstrates that the moratorium imposition deprives SBP of a vested property right or the economically viable use of SBP's land, On the othe~ factors to be considered in deciding whether 'to grant relief to SBP as listed in subsection 5.A.3.(a)-(h), SBP's analysis of such factors indicates tl~e following: (a) SF-16 zoning in no way jeopardizes residential density limitatim~s; (b) SF-16 zoning matches the adjoining landov~ers; (c) (d) no impact; there have been concerns, but only regarding the floodplain area; we recently met with the County m~d City officials to offer our cooperation and alleviate thei.r concerns; (e) there has beea no opposi.tion to zon.ing; $700,000 expenditures J.a infrastructure will be spent and $20,000,000 will be added to the City's tax basis; (g) 'tees were paid; and (h) SBP was informed on several occasions that there was no opposition to zoning. Please be advised that SBP is reqaestiag relief onl:y on the zoning of the property. The ordinance would remain in place on the additional development steps. My understanding is this letter is to be considered at your regularly scheduled meeting on January 4, 2000. 30. DEC-E1-00 17:05 FROM:BRUCE TURNER S?B81B$?lS TO:gBl?566BB~6 P~GE:003~003 City of Denton · December 21, 1999 Page 3 Finally', si~ce the Council has previously stated it desires to direct a meeting bet~,'~een SBP and the adjoining landowners, will you please set it up. Thank you. for yo~ consideration. Sincerely, Bruce E. ?urner BET:cs cc: M.r. Douglas Po~vel.l Plann.ing and Zoning Commission EXHIBIT C.f- METZI. FOOO and B EVEIIAGE ............ TX 76201 3112 West University Ddve ~ Denton, Phone 940.566.2771 ~ Fax 940.323.1345 December 27, 1999 Denton City Council Denton, TX 76201 To Denton City Council Members: We at Metzler's (3112 W. University Dr. ) would like to apply for relief from the Council's moratorium on all commercial building and permits. The permit we are seeking is a simple expansion of our existing retail store. It meets all current and proposed zoning and land use plans. We have worked closely with many areas of the city's planning and engineering departments and adhered to all of their requests. Delaying our simple expansion project will force our business to be closed and under construction during our peak business season, instead of during our slow winter months. In addition, to reorganize contractors will be very difficult. We feel we have followed the many city request and permit guidelines and the city will have nothing to gain by delaying our project any longer. Thank you. Sincerely, Roy Metzler 32. AGENDA INFORMATION SHEET AgendaNo. ('~Y') ,--0~ / Agenda Item .-~--~ Oate / / q/tgO / AGENDA DATE: DEPARTMENT: CM: January 4, 2000 City Manager's Office Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Kevin Kasparek has resigned from the Keep Demon Beautiful Board. This is a nomination for Council Member Kristoferson. Diane Ricks has resigned from the Historic Landmark Commission. This is a nomination for Council Member Cochran. Corina Ramos has resigned from the Parks and Recreation Board. This is a nomination for Council Member Burroughs. Nicholas Eassa has resigned from the Construction Advisory and Appeals Board. This is a nomination for Council Member Cochran. If you require any further information, please let me know. Respectfully submitted: J e~i*/e~ W alt~s Cit~ Secretary LEAGUE OF UNITED LATIN AMERICAN CITIZENS DENTON COUNTY .LULAC COUNCIL, #4366 P.O. Box 981 Denton, Texas 76202 December 14, 1999 Jennifer Walters, City Secretary 215 E. McKinney Denton, Texas 76201 Dear Ms. Walters: I regret deeply that I will not be able to continue as member of the Park Board. I am not meeting my commitment to the team for the foilowing reasons. For the spring semester I will continue to have classes until the end of January (Monday- Thursday 6-10pm) and then on February and March I will be working on my internship for school which will take up my evenings (Mondays - Thursdays 6-10) once again including Saturdays (9-4). I should be done at the end of March with my intern. I am very limited to leaving my working hours (7:30 -5pm) especially if it is not directly related to my job. I normally would be able to take time off from my day for other commitments because I would be putting hours in the evening and on weekends. This is not the case as my evening hours are taken up by my school. Fridays are the only available days, after 5pm, I can meet. I realize this is very limiting to most other members on the board. And I understand the group needs to meet when the majority can make it. With this I am formally turning in my letter of resignation. Please accept my apologies for any inconveniences I may have caused. As requested, I do have the name of one person to recommend to take my place - Monica Lozano. She is an involved member of LULAC and her phone number is 940-484-6642. I will provide you with a couple of more names by the end of this week. Siempre, Corina Robles Ramos All For One -- One For All NICKOLAS B. EASSA 2016 PARKSIDE DRIVE DENTON, TX 76201 PH. 940-387-5552 · FAx 940-380-9177 To: The city of Denton December 21, 1999 It is with regret that I must resign from the Construction Advisory and Appeals Board as personal and family matters require me to be away from Denton for the following months. I thank you for the opportunity to serve. ; Handout to Council 1--4--00 THE TOM ATKINS AGENCY W. TOM ATKINS 1909 HOLLYHILL LANE · DENTON, TEXAS 76205 · (940) 382-6374 · (800) 405-2161 · FAX (940) 387-7070 City of Denton 4 January 2000 Dear Members of the City Council: All I'm trying to do is give insurance agents a chance to bid and provide an affordable health plan for the City of Denton employees so they will be able to be served by any doctor or hospital in Denton County which they might wish to use. I also want to save the City of Denton several hundred thousands of dollars each year. I don't see anything wrong with this. During my meeting with Mr. Miller and Mr. Jaz, which I appreciated, we determined one or two things. First, we agreed that it seems that everybody is trying to accomplish the same thing fi.om different angles. We also agreed that there are many different sets of numbers going around and are being received by different people, which is causing much confusion. During this meeting, I was asked ifI represented the insurance industry, and I guess the answer to that is YES. The issues we discussed were the following: 1. No compensation for agents. This decision was originally made for the purpose of saving the City money; however, not giving agents any compensation doesn't necessarily do that. It comes down to whether you would prefer to buy a loaded mutual fund that makes a 25% return, and which you would have to pay maybe 4 to 5% load on, or would you prefer to have a no-load fund that makes a 10% return. 2. No Agent of Record letters. This is a big issue because companies will not do bids simply as an exercise in number-crunching. With an Agent of Record letter, they know that they have a legitimate shot at the bi& This letter also protects the bid for that particular agent. 3. Fully-insured versus self-insured plans. In the year 2000, we can save the City of Denton several hundred thousands of dollars. I wilt get this information to you in time for the next workshop. We're also suggesting that you can control costs during the course of the year. In addition, we can do a tape-to-tape enrollment for a February 1 effective date. 4. We determined that the RFP was designed to NOT get bids for the City, and it worked. That's the reason we came out with a second RFP, and we still didn't get any bids. Ifa company and an agent are not going to be able to receive commissions, and will not be able to use the services of a qualified agent, why would that company bother to respond to an RFP? ~cts ~d servi.q~alt,~w compensation, 5. Can agents do due diligence and keep abreast of legal issues as well as your consultant and his resources? I think the answer to that is a resounding YES, because we have more sources. These include the International Million Dollar Round Table, the National Association of Life Underwriters, the Life Underwriter Training Council, the Life Underwriter Training Council of America, the American College of Life Underwriters, the Life Underwriter Political Action Committee, the resources of the 25 largest insurance companies in the world and their legal staffs, as well as my personal association with a Congressman and his staff, and the political Party that I belong to. That's a lot of resources. The resources of the International Million Dollar Round Table, the American College of Life Underwriters and other industry-specific organizations are not available to consultants; they're only available to us poor, working insurance agents. Cordially, W. T. Atkins 01:04:00 12:26 FAX 972 490 6347 TUCKER & (;LARK ~001 FAXMEMO TUCKER & CLARK, INC. / GROUP RESOURCES INC. 5757 Alpha Road, Suite $00 Dallas, Texas 75240 Voice 972 980-2222 Voice 800 334-1844 Fax972 980-2221 To: Tom Adk[ns FaxNo: (940)387-7070 ~From~ Date: Subject: John Clark, President Tucker & Clark 01/04/00 City of Denton I received a copy of two RFPs fi-om Michael W. Jez, City Manager following our meeting with him and Mayor Iack Miller. The first RFP was dated March 8, 1999 and apparently didn't receive a response since a second RFP was sent on or near August 15, 1999 with a response due date of September 9, 1999. I have briefly reviewed the materials. bids: These a few of the things in the March $, 1999 ltYP that stop carriers f~om ~ubmitting "All bids should be net of commissions" Notice to bidders "The City is interested in a fully insured managed care proposal with vision and dental coverage" Page 1 "IPA Model HMO" Page 3 "HMO/POS option bid that meets or exceeds requested plan design" Page 3 "Bids will not be considered unless all requirements in these bid specifications are complied with" Page 3 '~Preferences will be given to bidders whose network of providers includes the IPA of ,Denton as well as both Denton Regional Medical Center and Denton Community Hospital" Page 4 The RFP lef~ the impression with most bidders that a decision had already been made regarding the placement of the coverage. Many carriers only work with commissioned agents and would not like to quote "net of commissions" and therefore offend its sales force of brokers and agents. Limith~g the bids to fully insured reduces a wide range of options that many other cities have ua~d to provldo hoalth covorage, And why ia thy [PA of Demon singled om? 01.'04:00 12:27 FAX 972 490 6347 TUCKER & CLARK ~002 The second RFP (August 15, 1999) was much friendlier to the bid process but still contains provisions that inkibit carriers from submitting bids: The short deadline for response, The fact that most had already declined and simply saw this another fruitless venture, '~qo commissions or other forms of compensation of any type may be included in service providers pricing. The City will not recognize or name any Agent ofgecord.' Notice to bidders "IPA Model HMO" Page 8 '~-IMO/POS option bid that meets or exceeds requested plan design" Page $ "Bids will not be considered unless all requirements in these bid specifications are complied with" Page 8 "Preferences will be given to bidders whose network of providers includes ate IPA of Denton as well as both Denton Regional Medical Center and Denton Conmmni~ Hospital" Page 9 The questionnaire was slightly modified and with only a week or so to respond, I will bet that most just skipped it. Tom, here's the basic problem with what's going on. The City doem't view the health program as a partnership between itself, employees & dependents, providers (doctors & hospitals), business people (agents) and other interested parties. Health insurance isn't like buying tires for the police cars. It's an entirely different purchase because what you're really buying is 15,000 transactions between a provider, a patient, and a payer. Negotiating the cheapest rate may save money but entirely miss the point of the insurance in the first place. I would refer you to the City of Grapevine and the City of Flower Mound. They have agents. The have a bidding process. They are involved in partnering with the administrator. Plan design is a joint effort and not limited so that only one bidder can effectively compete. And, I think they have addressed the partnership so that most, if not all, of the partners are happy with the result. Insisting on being fully insured limits your markets and raises the City's costs. Being open to other funding arrangements and administrative arrangements will lead to reduced costs and an improved result. I've rattled on too much. Give me a call to discuss this further when you have time. THE TOM ATKINS AGENCY W. TOM ATKINS 1909 HOLLYHILL LANE · DENTON, TEXAS 76205 · (940) 382-6374. (800) 405-2161 · FAX (940) 387-7070 City of Denton Reft City Health Insurance 14 December 1999 Dear Sirs and Madams: The first and most important issue is that 9000 citizens of Denton County were discriminated against and are being deprived of making a living by those people who are paid by their tax dollars. The second issue is that agents cost too much, aren't competent, aren't needed or wanted by insurance companies, can't provide actuarial work, deal with legal issues, leverage rates, ad infinitum. I've proven with documentation that each of these concerns is erroneous and unwarranted--I brought four opinions by the insurance industry, refuting Mr. Blackbum's opinions. My information is concrete and in writing, while his is speculation. I've spoken to legislative issues and ~osts~again, with concrete proof contrary to Mr. Blackburn's opinion. Next is the Agent of Record issue, on which Mr. Blackburn has been completely misleading; agents need these to protect their bids and in order to get paid-mot to curb competition. Finally, there is the statement that fully-insured plans have saved the city hundreds of thousands of dollars. This statement is totally wrong--self-insured plans will save $700,000 next year alone. The following are the actual consultant fees for various cities: 1. Dallas--S16,000 (Herb Maxwell, Director of Human Resources) 2. Piano--S45,000 (Felix Marquez, Director of Human Resources) 3. Mesquite--S40,000 (Mr. Manes, Director of Human Resources) I didn't make these figures up--I have proof for my numbers. I talked personally with these three gentlemen, and have no reason to distort their figures at all. Thank you for your time and consideration conceming this matter. Cordially, W.T. Alkins NAME OF PROPERTY OWNER: i I 1 I ,/ I I DRAINAGE TABLE DEVELOPED NORTHERN BORDER ,OF PHASE I, SOUTHRIDGE DRIVE, EAST PROPERTY LINE, AREA 1 1.8 .8 5.8 8.0 8.58 11,56 NORTHERN MOST CURB OF PARKING LOT. AREA 2 2.5 .95 5.8 8.0 12.71 17.55 NORTHERN CURB O~ PHASE I PARKING LOT, SOUTHRIDGE DR, EAST PROPERTY LINE, SOUTH PROPERTY LINE TOTAL 4.1 21:09 29.09 AREA DRAINA GE TABLE - UNDEVELOPED TREE INVENTORY ' A 4 2" POSTOAK GOOD W 1 5" HACKBERRY GOOD B 11 3" POSTOAK GOOD X 2 6" HACKBERRY GOOD C 43 4" POSTOAK GOOD Y 1 7" HACKBERRY GOOD D 35 5" POSTOAK GOOD Z 1 8" HACKBERRY GOOD E 32 6" POSTOAK GOOD AA 3 10" HACKBERRY GOOD F 34 7" POSTOAK GOOD BB 1 12" HACKBERRY GOOD G 20 8" POSTOAK GOOD CC 1 13" HACKBERRY GOOD H 25 9" POSTOAK GOOD DD 1 14" HACKBERRY GOOD I 29 10" POSTOAK GOOD EE 2 4" OAK GOOD J 22 11" POSTOAK GOOD FF 2 7" PINE GOOD K 34 12" POSTOAK GOOD GG 3 8" PINE GOOD L 17 13" POSTOAK GOOD HH 2 9" PINE GOOD M 8 14" POSTOAK GOOD II 2 12" PINE GOOD N 7 15" POSTOAK GOOD JJ 1 14" PINE GOOD O 9 16" POSTOAK i GOOD KK 6 16" PINE GOOD P 6 17', POSTOAK GOOD LL 2 17" PINE GOOD Q 1 18" POSTOAK GOOD MM 2 18" PINE GOOD R 1 19" POSTOAK GOOD 00 ' 3 20" PINE GOOD S 1 20" POSTOAK GOOD PP 1 21" PINE GOOD T i 24" POSTOAK GOOD QQ 1 17" LONEOAK GOOD U , 1 6" ELM GOOD RR 1 19" LONEOAK GOOD V 2 12" ELM GOOD SS 1 24" LONEOAK GOOD NEW TREES PLACED WILL MATCH THE EXISTIN~ SPECIES. THE SPECIES WILL BE A MIXTURE OF ELM, OAK AND PINE. TREE PLACEMENT WILL MATCH THE CITY OF BENTON LANDSCAPE CODE. EXISTING BUILDING AND ROAD WORK TO BE REMOVED AND GREEN SPACE RECLAIMED EXISTING TREES TO REMAIN G s s s s $ w w w[ w TYPICAL STALL AND DRIVE DIMENSIONS --w _/_ w I EXIS~NG TREES TO REMAIN - TYPICAL~ 2:Q' ........,¢,,,~"~'~ ~ /] '~ .... ~/~ ~ ~ "~-" ~ / ~ ' :::::::: ,: ~ , ; ~/~ ; ~ ~ ~ ' ........ .,~:~:~::- / ........ ,>~ ~,,~ I ....... ::~::~:;:: SWAIL PARKING LOT SAFETY LIGHTING TO MATCH THE EXISTING IN COLOR AND SIZE. ALL SITE LIGHTING TO BE AIMED DOWN AND NOT ALLOWED TO SHINE ACROSS SITE BOUNDRY LINES - TYPICAL x X % x" x x x x x AR CH I TEcTu AL SCALE = 1" = 30' PETERBILT MOTORS COMPANY A DIVISON OF PACCAR / ~~PGAL 3200 AIRPORT ROAD, DENTON TX 76207 DESCRIPTION OF ACTIVITIES AND PROPOSED USE (FOR SUP APPLICATION): ~-~[ ADJACENT PROPERTY WILL BE USED FOR PARKING THE EMPLOYESS OF THE 31,742 SF EXPANSION OF THE EXISTING PETERBILT FACILITY. THE PARKING WILL ALSO BE USED AS AN OVERFLOW LOT FOR THE EXISTING FACILITY AFTER THE EXPANSION IS COMPLETE. (2,14) 880,0100 BUILDING EXPANSION- ~:" :~<~~ FAX~(2,14) 880.¢J~9 THE EXISTING 62,555 SF FACILITY WILL BE EXPANED BY A ONE STORY, 51 74-2 SF FACILITY W/ AN ENCLOSED BELOW GRADE PARKING GARAGE. 510.000~.00 VICINITY MAP , DENOTES AN ENTRANCE / EXIT FOR THE SCAL~ NOT TO S~AI~ EXISTING AND NEW FACILITY ** CAR ONLY ENTRANCE / EXIT , SITE DRAINAGE: THE SITE SHEET FLOWS TO THE SOUTH EAST. THERE ARE NO STORM INLET LOCATIONS ON OR NEAR THE SITE. SIGNAGE: /N TEPSFA THE ONLY SIGNAGE FOR THE PARKING LOT WILL BE A SMALL SIGN STATING THAT THE LOT IS _ pRIVATE PROPERTY AND FOR THE EMPLOYEES OF PETERBILT MOTOR cOMPANY, w w w w ~-___ ._;z:-: ........ S TE = 7,9mn7 SF 'OSS9 A · TOTAL pARKING S~ACES = 16~ I FROM - 4~?:' ~ .... % ~ -- EXISTING COOLING TO~RS W/ ~' " X , TOTAL PARKING SPACES IN ] oDBRO0K / i ~ UNDERGROUND GARAGE = 65 STANDARD STORY BRICK BUILDING SP ACES ~ OFFICE ~ , ~ ~.~;% ~ , ~ ~ ~.~ /.., ~:...~ ...... ~ ....... ~ ...... ~ RUNOFF AND WATER SHED. FLUM(S) SIZE AND PLACEMENT ~ · ,~ ~ .:~ :~ ;:~,:~:~ ~(:~. ~ PENDING CALCULA~ON CONFIRMA~ON AND CITY OF DENTON ~ " ~..>..~'~ ~ ~ ~ ~ ~ ~ ' ............. ~ '~ / ~ ..... Sealed ¢ ~ -- EXISTING CONDITIONS ARE INDICATED THE ~¥~ ~ ~..~& ~ :~ .e , ,~,:~. ~ ~ ~ :~ ~.%~ ¢~..,. w .-- . ..... ' .... ~ SCREENED LINES - TYPICAL THIS SITE ~ *¢~', ...... '~ ...... * ......... ~ ...... W ......... Lt:) ~ :P " PER ~E CI~ OF DENTON PLANNING DEPAR~ENT, ~E FOLLO~NG NOTE IS TO --"' .......... BE INCLUDED ON ~IS SUBMISSION: ~ .........'''' "INcREAsE IN STORM WATER RU~,OFF FROM THE PROPosED P~RKING LOT MAY ' REQUIRE PUBLIC DRAINAGE IMPRoYEMENTS. ~,ADDI~oNAL ENGINEERING ~ .... ~,/,.::.:~, ~,,,,~,,~ z~,,~,.~ .... ,~ ...- .......... CALcuLATIoNS TO DE~RMINE ~E EXISTING CAPACI~ OF THE~sTREET AND ~ ..... ""' * ........ '¢ ~;'/ " STORM SEWER SYS~M SHALL BE ~REQuIRED; PRIOR TO THE APPRovAL OF THE ~ ' ' Sealed ........... PRELIMINARY AND FINAL PLAT. CI~ OF DEb[TON RESERVES THE'~ RIGHT TO ~ ............. REQUIRE PUBLIC DRAINAGE IMPRo~MENTS ~EPENDING ON ~E ~UTcoME OF THE ADDITIONAL ENGINEERING CALcuLATIoNS" LAN ' SITE P