HomeMy WebLinkAboutJanuary 25, 2000 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
January 25, 2000
Agenda No, ~O- ~O~
Agenda Item.
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 25,
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. Council reserves the
right to adjourn into a closed meeting on any item on its open meeting agenda consistent with
Chapter 551 of the Local Government Code as set forth below.
1. Closed Meeting
A. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071
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 possible
settlement and results of mediation.
Consider and discuss contemplated litigation concerning actions to be
taken, including the possible rezoning of the RNW Addition: an
approximate 8.3 acre commercial site included within the boundaries of
PD-16, an approximate 11.2 acre tract located on the southwest comer of
Teasley and Teasley - Item 1.b on the special meeting agenda - including
discussion with the City's attorneys of the legal ,aspects of such a rezoning
under circumstances where the duty of the City's attorneys under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas requires such discussions to be held in private.
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 TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (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 OPEN MEETINGS ACT.
Work Session of the City of Denton City Council on Tuesday, January 25, 2000 at 6:00 p.m. in
the Council Work Session Room in City Hall, 215 E. McKinney Street, Denton, Texas at which
the following items will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Work Session, the City Council generally
City of Demon City Council Agenda
January 25, 2000
Page 2
receives informal and preliminary reports and information from City staff, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session. Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public inpm. Although Work Sessions are public meetings, and citizens have a legal right to
attend, they are not public hearings, so citizens are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff
will generally prepare a final report defining the proposed action, which will be made available
to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of
their fellow citizens without having to attend two meetings.
Receive a report and hold a discussion on the Comprehensive Annual Financial Report
for the year ended September 30, 1999.
Receive a report and hold a discussion regarding the Fiscal Year 1998-99 Annual
Investment Report.
Receive a report, hold a discussion, and give staff direction regarding the cash handling
regulations policy.
Receive a report, hold a discussion, and give staff direction regarding a telecommuting
policy.
Receive a report, hold a discussion, and give staff direction concerning proposed Solid
Waste regulations and related rate adjustments.
Receive a report, hold a discussion, and give staff direction regarding the rationale and
policy options available for implementation of a rental property licensing and inspection
program.
Receive a report, hold a discussion, and give staff direction regarding the City of Denton
Small Area Plan Annual Report.
Receive a report, hold a discussion, and give staff direction regarding the draft interim
residential and nonresidential development standards ordinance.
Receive a report, hold a discussion and give staff direction regarding a planned
development sunsetting ordinance, which sets time limits on all steps and processes in
planned development districts.
Following the completion of the Work Session, the Council will convene imo a Special Called
Session to consider the following:
Receive a report, conduct deliberations, and determine appropriate actions to be taken,
including potential initiation of rezoning, regarding two nonresidential development
City of Denton City Council Agenda
January 25, 2000
Page 3
projects considered to be inconsistent with the City of Denton Comprehensive Plan,
identified as follows:
ao
Ryan~Teasley: an approximate 13.7-acre commercial and multi-family site
included within the boundaries PD-93, an approximate 30.4-acre tract located on
the southwest comer of Ryan Road and Teasley Lane.
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RNW Addition: an approximate 8.3-acre commercial site included within the
boundaries of PD-16, an approximate l l.2-acre tract located on the southwest
comer of Teasley and Teasley.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ~ 2000 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 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.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
Aoenda
AOenda It~m~ /
Date //~ ~-/00
January 25, 2000
Management and BUdget
Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
Receive a report and hold a discussion on the Comprehensive Annual Financial Report for the
year ended September 30, 1999.
BACKGROUND
Comprehensive Annual Financial Report for the year ended September 30, 1999 provided under
separate cover.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
None
Prepared by:
Tammy Wilson
Controller
Respectfully submitted:
Director of Management and Budget
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
January 25, 2000
Fiscal Operations
Kathy DuBose ~
Fiscal and Municipal Services
Aoonda No.
Aoenda Item
Date_
SUBJECT
Receive a report and hold a discussion regarding the Fiscal Year 1998-99 Annual Investment
Report.
BACKGROUND
The City's Investment Policy (408.04) states that within ninety (90) days of the end of the
calendar year, the Director of Fiscal Operations presents a comprehensive annual report to
the City Council on the investment program and investment activity. The annual report shall
provide a separate quarterly comparison of returns and suggestions for improvements that
might be made in the investment program.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
The Annual Investment Report was presented to the Investment Committee on December 17,
1999. The committee voted unanimously for approval and recommended the report be
submitted to the City Council for review.
FISCAL INFORMATION
There is no cost associated with the presentation of the Annual Investment Report.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
January 25, 2000
Fiscal Operations
Kathy DuBose ~
Fiscal and Municipal Services
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the cash handling
regulations policy.
BACKGROUND
This proposed policy consolidates five (5) existing cash policies (403.1 thru 403.5) and
provides for a comprehensive statement related to the handling of cash. In addition, this
policy requires training and certification of each employee responsible for handling cash.
Furthermore it establishes the specific individuals accountable for their cash station.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
Legal has reviewed and approved as to form.
FISCAL INFORMATION
N/A.
Respectfully submitted:
Diana G. Ortiz f~
Director of Fiscal Operations
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY
POLICIES REGULATING THE HANDLING OF CASH BY CITY EMPLOYEES; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, The City of Denton, Texas as a part of the services provided, collect cash
monies in different forms to be paid to the City of Denton, Texas; and
WHEREAS, The Assistant City Manager of Fiscal & Municipal Services has provided a
revised policy regarding employee rules and regulations concerning cash handling; and
WHEREAS, the City Council, desires to adopt such policy as an official policy regarding
employment with the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That Policy numbered 403.01 "Cash Handling Regulations" of the
Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated
by reference herein, is hereby approved as official policy of the City of Denton, Texas, and
replaces former policy 403.01,403.02, 403.03,403.04, and 403.05.
SECTION 2. That the foregoing policy is attached hereto and made a part hereof and
shall be filed in the official records with the City Secretary.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval.
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
S:\Our Documents\Resolutions\99\Cah Management Policy.doc
CITY OF DENTON PAGE 1 OF 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: FINANCE REFERENCE NUMBER:
403'.01
SUBJECT: CASH MANAGEMENT INITIAL EFFECTIVE DATE:
06/01/99
TITLE: CASH HANDLING REGULATIONS LAST REVISION DATE:
03/14/89
I. Purpose and Scope
The Cash Management Program was established for the purpose of ensuring adequate internal controls to
account for the handling of City Cash and to maintain public trust. The term "City Cash" applies to
currency, coin, checks, credit, charge and debit card payments, other electronic payment media, and other
negotiable instruments payable in money to the City. The procedures to enforce the cash management
program are to include but are not limited to those outlined below:
A. A random drawer audit conducted under the direction of the Director of Fiscal Operations.
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Any deficiencies in regard to the set procedures will be reported to the Director of Fiscal Operations and
the Assistant City Manager of Fiscal & Municipal Services in the form of a memorandum outlining the
deficiencies.
" C°
The Director of Fiscal Operations will notify the Department Director involved and explain these
deficiencies, and the Department Director will be responsible for taking appropriate action to correct
deficiencies.
D. If in a subsequent audit these deficiencies still exist, the Director of Fiscal Operations will advise the
Assistant City Manager of Fiscal & Municipal Services that the deficiencies still exist.
E. The Director of Fiscal Operations and the Assistant City Manager of Fiscal & Municipal Services will
notify the Department Director involved and the City Manager of the existing situation.
F. The City Manager will review the existing situation and may take appropriate action to resolve
deficiencies and ensure that the procedures as outlined are administered properly.
II. Delegation of Authority
A°
The Director of Fiscal Operations is authorized to promulgate rules for establishing procedures for the
receipt, handling and deposit by City officers and employees of City Cash into the City Treasury for: .the
method of documentation on all such transactions; regular reporting to the Director of Fiscal Operations;
certifying and rescinding certification by the Director of Fiscal Operations of all City officers and
employees who are authorized to receive or handle City moneys in the regular course of their
employment or departmental activities; inspection of departmental cash records, including overages or
shortages; inspection of departmental practices and procedures in handling City Cash; and contracting
with agents to collect City Cash and their collection procedures. The Director of Fiscal Operations may
enforce these rules through on-site inspections; by rescinding certification of any officer or employee
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who fails to comply with the Director of Fiscal Operations' procedures and, in the event of
noncompliance by a department or office, requiring that payments to personnel be authorized by the
Director of Fiscal Operation, or deposited at his/her office.
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The Director of Fiscal Operations, as the City's banker, is required by law to receive, retain, and disburse
all City revenue and keep detailed records of these transactions. The Director of Fiscal Operations is
charged with the responsibility of overseeing the proper receipting and to safeguard all City funds. The
Treasury will be conducting periodic cash drawer audits (unannounced) under the direction of the
Director of Fiscal Operations.
C. The Director of Fiscal Operations delegates the administration of the Cash Management Program to the
Cash & Debt Administrator.
D.Through certification, the responsibility and accountability of the daily collection of funds is delegated to
the custodians and his/her supervisor.
Duties of City Departments
The Director of any City department who anticipates receiving City Cash on a regular basis in the course of
its activities shall:
A. Assign the receiving of City Cash only to those persons who are certified by the Director of Fiscal
Operations for performing these functions;
B. Collaborate with the Director of Fiscal Operations to establish and maintain a system of procedures,
documentation and reporting on receipts handling and deposit of City money;
C. Notify the Police Department of any loss or theft of City Cash immediately upon discovery. Written
notice shall be given no later than twenty-four hours after discovery.
D. Allo~v the Director of Fiscal Operations or his/her designee to make on-site inspections and observe the
processing of City Cash, and to make inspections of departmental collection records.
Duties of City Personnel
Any City officer or employee, who receives City Cash in the normal scope and course of his/her duties,
shall:
A. Immediately deposit the Cash with a City depository designated by the Director of Fiscal Operations to
the credit of the City. The delivery or deposit must be made on the same day to the Customer Service
Division before 5:00 p.m. if the total receipts on hand are equal to or greater than $100.
B. Comply with rules promulgated by the Director of Fiscal Operations for handling and processing of City
Cash and for documentation and dissemination of records, and with departmental internal procedures;
established in conformity with the Director of Fiscal Operation's procedures;
C. Notify the employee's supervisor and Department Director of any loss or theft of City money
immediately upon discovery. Written notice shall be given to them no later than twenty-four hours after
discovery;
VI.
D. Be subject to disciplinary action, up to and including termination for failure to comply with each
departments operating policies, DireCtor of Fiscal Operations' procedures, collective bargaining
agreements and/or duties described in this policy.
Liability for Loss
A. As between a department and its officers and the Director of Fiscal Operations, the depari, n~ent has
primary responsibility for care and liability for loss of City Cash in its custody until deposited in the City
Treasury or entrusted to a cashier certified by the Director of Fiscal Operations; and the Director of
Fiscal Operations thereafter. When deposit is made in an after-hours drop box of the City's financial
institution, or an armored car service making collection for the City, losses are assigned to the Director
of Fiscal Operations if the Director of Fiscal Operations' instructions for making deposits have been
followed, and to the department otherwise.
B. Compliance with the procedures approved by the Director of Fiscal Operations establishes a presumption
that a City department or office exercised due care in its custody and care of City Cash.
Certification of Cashiers and Fund Custodians
A. Only persons who are certified by the Director of Fiscal Operations shall receive and handle City Cash
on a regular basis in the scope and course of their employment. As a condition to certification or
maintenance ora certification, the Director of Fiscal Operations will require that the fund custodian
'and supervisors complete a course of instruction or training and/or pass an examination on: the secure
processing of moneys, cash procedures and applicable departmental rules, and thereafter take refresher
instruction or training at periodic intervals or when the need arises.
B. All employees who receive and handle City Cash on a regular basis in the scope and course of their
employment and all supervisors who oversee the cash handling function, shall complete such
certification within six months of the approval of this policy or within six months of their appointment
as fund custodian or supervisory function.
C. A signed Certificate of Responsibility from the fund custodian and supervisor must be obtained Verifying
receipt of this Cash Handling Policy and the Department of Fiscal Operations Cash Handling Training
Manual.
Establishment/Increase of Cash Funds
All requests for the establishment of cash funds must be made to the Director of Fiscal Operations. The
Director of Fiscal Operations will maintain a complete listing of all cash funds. The department location,
custodian and the amount of the cash fund are to be maintained upon this written listing.
A. A check request should be submitted to the Director of Fiscal Operations for the amount of the funds
requested.
B. A written memorandum to the Director of Fiscal Operations from the Department Director requesting
the establishment or increase of a cash fund shall be forwarded with the check request for consideration.
The memo should explain the need for the establishment or increase of the fund.
C. A copy of the memo should be attached to the file copy of the voucher by the Director of Fiscal
Operations when the check is issued by the Department of Budget and Management Services. . .
D. No funds are to be established out of cash receipts by any department.
E. Upon establishment ora cash fund, a fund custodian should be appointed by the Department Director.
Cash funds must have one fund custodian responsible for the disbursement of cash. In the absence of the
fund custodian, the department/division head should make all disbursements from the cash fund. Should
it become necessary to change fund custodians, the Department Head should notify the Director of Fiscal
Operations and request an audit of the cash fund to be performed prior to transferring the cash fund to
the new custodian. The Director of Fiscal Operations will forward a copy of the cash audit worksheet to
the Department Director upon completion of the cash audit.
VIII. Termination of Cash Funds
A. The Department Director should notify the Director of Fiscal Operations that the cash fund is to be
closed and request that an audit be performed prior to closing the cash fund. The Department Director
should furnish the Director of Fiscal Operations with a memorandum outlining the reasons for closing
the cash fund.
B. The Director of Fiscal Operations and/or his staff will perform an audit of the cash fund and provide the
Department Director with a copy of the final cash audit worksheet. Any shortages or variances are to be
investigated and resolved by the Department Director and the Director of Fiscal Operations. If the
Shortages or variances cannot be resolved, the Department Director is to provide a written explanation to
the effect that a shortage or variance occurred which he or she could not resolve. This response should
be addressed to the Director of Fiscal Operations. A copy of the written explanation should be
forwarded to the City Manager and the Assistant City Manager of Fiscal and Municipal Services.
"C. Upon completion of the cash audit, the cash custodian should deposit any cash on hand with the
Customer Service Division and provide a copy of the deposit slip to the Controller with any outstanding
vouchers.
D. The Director of Fiscal Operations will provide the Controller with a copy of the final cash audit
worksheet which details the expense accounts to be debited for preparation of a journal entry to close the
cash fund. A copy of the Department Director's memo outlining the reasons for closing the cash fund
will also be provided to the Controller. A copy of the final cash audit worksheet and the Department
Director's memo should also be attached to the journal entry as supporting documentation.
Security of Cash Funds
A. Cash funds are to be kept in locked boxes or drawers. The locked box is to be kept in a secure area wberc
only the designated cashier or custodian, and the Department or Division Head, have keys and access to the
funds.
13. Provisions should be made in depa~ents where more than one cash fund exists to secure all funds which
are not being utilized. Only the Deparu~xent or Division Head, or his/her designated custodian, should have
access to an employee' s cash fund in the event of their absence.
D. Only the person responsible for tl~e cash fund and the Department or Division Head should maintain keys
and have acces~ to the funds.
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E. Bank bags must be locked and kept out of sight when transporting city funds for deposit to the Customer
Service Division.
F. All funds must be reviewed randomly (at least weekly) by the fund supervisor or designated personnel.
G. The use of surveillance cameras may be used to monitor city funds. A signed certificate of
acknowledgement from the fund custodian and fund supervisor must be obtained verifying that they
have been informed about the possible use of surveillance camera.
Regulation of Petty Cash Funds
Petty cash funds are available for making emergency or immediate~purchases of items that are not routinely
carried by by the Warehouse in the Materials Management Department. Petty cash funds are to be
maintained only for this purpose, and no department shall possess a petty cash fund without establishing
such a fund as outlined above.
A. Maintenance of Petty Cash Funds
I. Cash funds must have one fund custodian responsible for the disbursement of cash. In the absence of
the fund custodian, the department/division head should make all disbursements from the petty cash
fund.
2~ Each cash fund should have a set amount of funds to be accounted for. The Department of Budget
and Management Services will not process payment authorizations to reimburse petty cash if the
request exceeds the established amount of the petty cash fund.
3. The petty cash fund is to be reconciled on a daily basis by the fund custodian.
4. The cash custodian should process a payment authorization to reimburse their petty cash fund as
necessary. The payment authorization requesting reimbursement of petty cash is to be processed with
enough lead-time to prevent the remaining petty cash funds from being depleted prior to the issuance
of the reimbursement check. All check payments to reimburse the petty cash fund are to made
payable to the City of Denton.
5. A petty cash voucher must be completed to support all disbursements of cash from the petty cash
fund. The petty cash voucher must be completed in its entirety and approved by the
Department/Division Head prior to the disbursement of any cash from the custodian.
6. Each petty cash voucher must be accompanied by a receipt ticket upon reimbursement or return of
unused funds.
7. Three signatures are required on all petty cash vouchers. All petty cash vouchers must be signed by
the employee receiving the cash and by the Department/Division head approving the transaction...The
petty cash custodian will then sign the voucher as cash is actually disbursed from the fund.
8. Employees are not to be reimbursed for sales tax. It is the responsibility of the Department/Division
Heads to ensure that employees are aware of the City's exempt status.
10.Petty cash in advance is not to be held by any employee longer than a t~venty-four period. Receipts
and used funds mUst be returned and be reconciled to vouchers within the twenty-four hour period.
11 ·Expenditures for purchases made from the petty cash fund are not to exceed $50.00. Purchases that
exceed $50.00 should be purchased on a departmental purchase requisition, as a normal purchase for
items not regularly carried by Central Stores.
B. Prohibited expenses include the following:
2.
3.
4.
Loans to employees
IOUs for employee personal use
Cashing personal checks for the Department/Division Head, petty cash custodian, or other employees
Traveling or training expenses (i.e. use of personal vehicle, parking and entertainment)- These
expenditures should be reimbursed by submitting the proper expense report form to the Department
of Budget and Management Services for audit, approval, and issuance of a reimbursement check.
Petty cash funds may be used for official organized activities of the City Council or the various
boards that function as part of City government.
C. Documents Which Serve as Support for Disbursement of Petty Cash
I. A cash register receipt, provided that the date is current enough to support said purchase;
2. Cash receipt tickets from the place of purchase provided that the date is current, items purchased are
listed and the ticket is signed by the employee as receiving said merchandise;
3. Proof of purchase in the form of a valid receipt provided the date is current and the type of the
purchase or expenditure can be easily determined; and,
4. No refunds for purchases will be made without proof of purchase.
5. A petty cash voucher properly completed with authorizations for a cash advance.
D. Proper Completion of a Petty Cash Voucher
1. All petty cash vouchers must be completed in ink or typewritten.
2. Three signatures are required on all vouchers.
a) The Department Director must sign on the line approving the transaction.
b) The petty cash custodian must sign or initial, beside the Department D~rector signature.
c) The employee receiving the cash must sign for cash received. . .
3. The date of the petty cash disbursement must be completed.
4. Items must be listed separately in the place provided for each item description and the individual cost
must be listed separately under item price.
5. The budget account number to be charged for the petty cash purchase must be properly completed.
6. The three-part form is then to be separated. The top, original copy of the voucher is to be retained by
the petty cash custodian, while the second part of the form is to be returned and attached to the
original to complete the transaction. The third part of the form is to be retained for the department
records.
Regulation of Change Funds
Changes funds, or cash drawers, are to be maintained for the purpose of making change. Change funds are not
to be co-mingled with other cash funds. Change funds are to be maintained only for this purpose and no
department shall possess a change fund without establishing such a fund with the Director of Fiscal Operations.
A. Maintenance of a Change Fund
1. Each change fund should have one person responsible for that fund or drawer at any one given time. In
the areas where more than one change fund is used, each employee should work out of his/her own
change fund. Employees are not to work out of another employee's change fund.
2. Each change fund should be established for a set amount as outlined in Section VII. Establishment oi'
Cash Funds, and this same amount should be maintained at all times. If an increase in a cash fund is
needed, a memorandum sent to the Director of Fiscal Operations outlining the need and amount of funds
requested is required.
3'. Change funds are not to be used as petty cash funds. They are to be used only for making change.
4. Cash receipts are not to build up in a change fund. These receipts are to be removed and deposited as
outlined in Section XII. Regulation of Deposits.
5. Receipts for all cash should be utilized so that an audit may be done at any time and the amount of the
change fund can be verified.
B. Cashing of Personal Checks from a Change Fund
1. Cashing of personal, payroll, and expense cheeks is prohibited from all remote change funds.
2. Personal, payroll, and expense checks may only be cashed in the Central Cash Receiving Division
(Customer Service) and is permitted if adequate change is available in the cash drawer without depleting
the change fund.
a) Cashing personal checks for employees in excess of fifty dollars is not to be allowed.
b) Any employee is not to cash more than one personal check daily.
32 Any employee who has had two returned personal checks within a twelve month period will be denied
check cashing privileges until such time that less than two checks have been returned in the most recent
twelve months. All employee checks returned to the City of Denton will be handled according to Section
XIII. Regulation of Return Checks.
Regulation of Deposits
The City of Denton utilizes a central cash receiving unit, as all monies are paid or deposited to the Customer
Service Division. Interdepax:unental deposits made to the Customer Service Division shall be made according
to the procedure as outlined below. City agencies, or depa~iments, shall deliver their deposits dailY to Customer
Service before 5:00 p.m. if total receipts on hand are equal to or greater than $100. All deposits must be
verified by a Customer Service Custodian.
Those depastments that do not collect revenue on a daily basis, or whose deposit is not sufficient enough to
make daily deposits, should make a deposit with the Cashiering Unit at least twice weekly. One of these
deposits should be made on Friday to prevent cash from being stored in their depmhnents over the weekend.
Deposits for these depm~tments should also be made the day prior tO a scheduled holiday to remove all cash
during a holiday.
A. Preparation of a Deposit
1. All depariments making deposits will be furnished with a three (3) part deposit slip. Ail three (3) copies
of the completed deposit slip will be forwarded with the deposit itself in locked deposit bags. The
deposit slip shall include the initials of the person preparing the deposit, as well as the depamnent name,
in the lower right hand comer of the slip.
2. Deposit slips should be filled out to reflect currency (or bill), coin and check totals, with a sum total
"for these at the bottom. An adding machine tape reflecting these totals should accompany the deposit
slip to avoid the need for listing each check separately.
3. Departments (such as the Police and Parks and Recreation Departments) that collect monies to be
posted to various accounts shall submit a summary sheet denoting the accounts that monies are to be
posted to. These summary sheets shall be included with each deposit.
B. Deposit and Verification of Receipts
1. Deposits shall be made to the Customer Service Division.
2. When deposits are made to the Customer Service Division, the Chief or Lead Representative will verify
the deposit by performing a recount of monies and a review of the deposit slip. Once a deposit is verified
as correct, a copy of the deposit slip will be stamped by a verification stamp and returned immediately to
the person making the deposit for the depmimenfs own record.
3. The Chief or Lead Cashier will maintain a logbook to record the receipt of locked bank bags with
deposits after she/he has completed verification. The deposit date, bag number, and cashier initials will
be entered on the log upon deposit to indicate receipt. The person delivering the locked bank bag will
also initial the logbook to verify delivery.
4. Each time a deposit is made, a new bank bag will be issued to the person making the deposit.' Each
deparhnent shall have designated bags for use by their department only.
C. Maintenance of Bank Bags and Keys
1. Bank bags with deposits shall be kept locked at all times when not preparing or verifying deposits. The
keys to the locked bank bags will be maintained by designated persons for each depositing deparUnent,
the Chief or Lead Cashier, and the bank.
2. The Chief or Lead Cashier is reSponsible for ensuring safe transfer of all deposits to the armored ear
service on a daily basis.
3. It will be the responsibility of the Deparhnent Head tO secure and limit access to bank bag keys. Access
to these keys should be limited to the person or persons preparing the deposit. Personnel changes which
affect the possession of keys or the preparation of deposits should be reported to the Director of Fiscal
Operations.
D. Losses/Shortages/Overages
The Director of Fiscal Operations makes a clear distinction be~veen a "Loss" and "Shortage" of City
money. This is determined by the cash handler's ability to obtain physical custody of the money and how
that person safeguards the money.
1. A shortage is an unintentional collection error such as a change making error. An overage occurs when a
cash handler has collected too much money and cannot immediately return the excess to a specific
customer.
2. On the other hand, a loss of City money is when a cash handler has obtained physical custody of money
and then due to reasons like negligence, an act of God or an unlawful action, cannot deposit that money
into the City Treasury.
3. An example of negligence is leaving City money unattended and not properly safeguarding that money
from loss.
Cash Custodians must report all losses to their supervisor and the Director of Fiscal Operations immediately.
A detailed statement as to the circumstances of the loss must be forwarded to the Director of Fiscal
Operations within twenty-four hours.
Armored Car Procedures
The Director of Fiscal Operations recognizes the advantage of maximizing cash handler safety and
increasing the amount of deposited cash available to the City's investment programs. Investment income
from timely deposits provides additional revenue for City services. As a result, the City has a contracted
armored transport service available for the use of departments.
1. The fund custodian must prepare a receipt that lists each item or group of items to be picked up.
The armored car personnel will sign the receipt in acceptance of the deposit and provide a copy of that
receipt to the fund custodian. This receipt should include the pick-up date and the number(s) impressed
on the deposit bag(s). At this point the fund custodian's responsibility is released to the armored car
service.
2. Fund custodians are encouraged to identify armored car personnel by requesting to see their identification
and comparing that ID against the armored car company's authorization list.
3. A copy of the armored car receipt must be forwarded to the Customer Service Division.
XIlI. Regulation of Return Checks
1. All return checks will be charged a return check fee as determined by city council. The fee is applicable
when a customer, taxpayer, or employee check for payment of fees, fines, court costs, taxes, utilities, or
other charges has been dishonored by the maker's bank and returned to the City of Dent0n. The fee plus
the base amount of check will be payable to the city by means of cash, money order, or cashiers
check.
If a customer, taxpayer, or employee fails to honor the returned check within thirty days, the check will
be turned over for collection.
IVX. Action Taken in Event of Theft
The danger of security and loss is a constant threat when handling money. Fund custodians are expected to
safeguard City funds against loss. Custodians should be familiar with what to do in times of emergency. In
these circumstances, protecting human life should be the first concern. In the event of theft from a fund or
deposit, the following actions shall be taken immediately.
A. Report of Theft
1.
Upon discovery that a possible theft has occurred the Division/Deparm~ent Director will conduct an
internal review of the circumstances to ensure against clerical error. If the review unveils a theft or a
mishandling of funds, the Division/Deparhnent Director will make a verbal report of the event to the
Chief of Police and the City Manager within a twenty-four hour period. These verbal reports are to be
immediately followed by a written account of the event and circumstances surrounding the incident.
The DeparUnent Director will file a police report and the Police Deparhnent will conduct an
investigation and forward their findings to the City Manager.
Upon review of the findings of the police investigation, the City Manager after consultation with the
Depmh~,ent Director will determine the appropriate actions, if any, to be taken. If the police
investigation indicates the involvement of a city employee, the Director of Human Resources shall be
notified and appropriate administrative actions shall be initiated
Following the Police investigation, a report of the findings will be made to the Director of Fiscal
Operations. The Director of Fiscal Operations will conduct an audit to determine any changes to improve
the cash handling procedures. The Director of Fiscal Operations will prepare a report which will include
an analysis of findings and any recommendations for improvement of cash handling procedures. These
recommendations should be discussed with the Depas:Unent Director in order to arrive at solutions for
improved cash handling.
CITY OF DENTON, TEXAS
CASH HANDLING
CERTIFICATE OF RESPONSIBILITY
I, ~aave read and understand the City of Denton
Cash Handling Regulations, Policy Number 403.01 and have completed a course of instruction and training' on the
Deparm~ent of Fiscal Operations Cash Handling Training Manual. A copy of. the Policy and Cash Handling Training
Manual were provided to me on
I agree to be the fund custodian of and be held responsible and accountable for the daily collection of city funds
according to the City of Denton Cash Handling Regulations, Policy Number 403.01 and the Depa,iment ofFisca! .
Operations Cash Handling Training Manual for the Department located at .. inthe amount of $
I have also been informed and understand that surveillance camera may be used to monitor city funds at this location.
Signed:
Custodian
Date
Date
Date
Department Director
Department of Fiscal Operations Representative
AGENDA INFORMATION SHEET
Agenda No.~
Agendaltern~ , ,'TL . ....
Date .
AGENDA DATE:
DEPARTMENT:
ACM:
January 25, 2000
Human Resources
Kathy DuBose ~
SUBJECT
Receive a report, hold a discussion and provide staff direction regarding a telecommuting policy.
BACKGROUND
In April of 1999, the Human Resources department was approached with a telecommuting
proposal from the Police department. The Police department had an incumbent in the Crime
Analyst position that had to relocate to Austin, Texas. Based on the incumbent's demonstrated
performance and potential, the department wanted to continue her employment with the City of
Denton as a full-time employee via telecommuting. The department also projected a cost
savings of approximately $10,000 over a five (5) year period. This proposal launched a pilot
program. Technological arrangements were coordinated through the Technology Services
department and the employee began telecommuting in May of 1999.
The pilot program ended in September of 1999 when the incumbent resigned from her position
as the Crime Analyst. However, staff recognizes the potential of this program and is
recommending expanding the program city-wide. Each department director will determine the
positions in his/her department that will be suitable for telecommuting.
Telecommuting is a work alternative that allows employees to work from home or a remote
location when it is mutually beneficial to the employee and the employer. Many benefits to the
City and community have been identified as a result of telecommuting. These benefits include,
but are not limited to, the following:
Employer
· Enhances employee recruitment and retention
· Improves employee work performance/productivity
Reduces turnover and absenteeism
· Increases morale
· Reduces office expenses
· Potentially eases accommodation of disabilities
Employee
Improves job satisfaction
Allows for greater flexibility to establish a work environment that is most suitable
Allows for job retention of the mobility-limited and physically impaired
Allows for greater flexibility to choose own work hours
· Eliminates commuting aggravation (rush-hour traffic, parking, etc.)
· Potentially saves money (gas, car maintenance, business dress, etc.)
Community
· Promotes air quality
· Reduces fuel consumption
· Decreases peak-hour congestion and traffic accidents
· Reduces the need for road and highway construction and maintenance
Although there are many benefits to telecommuting, there are some challenges that staff will
need to address with some administrative procedures. Department directors will work closely
with the Human Resources department to establish a telecommuting agreement for an employee
who telecommutes. In turn, the Human Resources department will work closely with the
telecommuting employee to ensure he/she understands the guidelines of the program, job
expectations, and compensation as well as other benefits.
RECOMMENDATIONS:
Staff recommends the implementation of telecommuting as long as department directors have the
discretion to determine which positions in their organization are ideal for telecommuting.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This will be the first discussion with the City Council. However, a telecommuting presentation
was presented to the City Manager, Assistant City Managers and department directors in
September of 1999. This group supported the idea of telecommuting and expressed the desire to
implement a telecommuting program for the City of Denton.
FISCAL INFORMATION
Individual departmental reductions or increases in cost will vary depending on the position
involved.
EXHIBITS
Telecommuting Proposal
Policy/Agreement
Powerpoint Slides
Respectfully submitted:
~/om~ ~our~s
Telecommuting Program
Overview
INTRODUCTION
In April of 1999, the Human Resources department was approached with a telecommuting
proposal from the Police department. The police department had an incumbent in the Crime
Analyst position that had to relocate to Austin, Texas. Based on the incumbent's demonstrated
performance and potential, the department wanted to continue her employment with the City of
Denton as a full-time employee via telecommuting. The department also projected a cost
savings of approximately $10,000 over a five (5) year period. This proposal launched a pilot
program. Technological arrangements were coordinated through the Technology Services
department and the employee began telecommuting in May of 1999.
The pilot program ended in September of 1999 when the incumbent resigned from her position
as the Crime Analyst. However, staff recognizes the potential of this program and is
recommending expanding the program city-wide. Each department director will determine the
positions in his/her department that will be suitable for telecommuting.
WHAT IS TELECOMMUTING?
Simply defined, telecommuting is working full or part-time from a home work site or satellite
office. While employees may be hooked up to the main office via a sophisticated computer
network, it is possible to telecommute, with as little as a pen, paper and telephone.
Telecommuting is a growing option in the way local governments conduct business and provide
service. The workfome is highly competitive, most jobs are portable, and pertinent information is
easily accessible from remote areas through voice mail and computers. While these factors make
it easier to consider telecommuting, other factors may make it necessary. Changes in our lifestyle
have begun to dictate a need in our work styles. Creating a more family friendly work
environment and reducing environmental issues caused by the increase in commuting drivers
play a significant role in considering telecommuting options for the organization.
Telecommuting is a voluntary arrangement that may be terminated at any time by either the
employee or the manager. Telecommuting employees do not lose any of their benefits,
compensation, insurance, vacation or sick time. Any specific equipment or unique compensation
will be determined on a circumstance-driven basis and included in the telecommuting agreement.
WHAT'S IN IT FOR THE EMPLOYEE, EMPLOYER AND COMMUNITY?
As indicated, telecommuting emerged from a growing need for City staff to implement
alternative ways to retain exemplary employees as well as devise effective ways to deliver
quality service. Other anticipated benefits associated with telecommuting include:
Employer
Enhances employee recruitment and retention
Telecommuting programs enable the City to recruit from a wider audience, tap into new
labor pools such as physically-challenged, elderly or geographically-remote employees.
Faced with long, stressful commutes to and from work each day, employees may look for
employment closer to home. By allowing them the option of avoiding this commute,
telecommuting can help employees stay on the job. Also, because employees view
telecommuting as a job benefit, morale and motivation are increased. Job turnover, and
therefore recruitment costs and training expenses, are reduced. Telecommuting also creates
flexibility in acconunodating employee needs during family crisis, disability or relocation.
Improves employee work performance/productivity
Telecommuting employees have more continuous work time due to less distractions, reduced
commute time, and enhanced opportunity to work at their peak times versus the time
designated by the organization (ie. eight to five). Additionally, the employee has more
flexibility to create a work environment more conducive to their work style.
e
Reduces turnover and absenteeism
Telecommuting can reduce illness caused by stress. Also, in the case of emergencies such as
a sick child or car breakdown, a telecommuter can take care of the problem and still spend
the rest of the day working, instead of calling in sick.
Increases morale
Telecommuters typically have less job-related stress and are more satisfied with their job.
This helps increase morale in the organization.
Reduces office expenses
Employees who telecommute often do not need City office space and can share offices or use
them on alternate days. Fewer parking spaces are needed as well. These benefits can add up
to significant savings.
Potentially eases accommodation of disabilities
Allowing a person to work from home may provide increased flexibility to accommodate for
a disability protected under the American's with Disabilities Act.
Employee
1. Improves job satisfaction
Happier, more relaxed telecommuters feel better about themselves, their employer and their
performance.
2. Allows for greater flexibility to establish a work environment that is most suitable
Telecommuters typically work from home. As a result, they can establish a work
environment more suitable.
3. Allows for job retention for the mobility-limited and physically impaired
4o
e
With telecommuting, the mobility-limited and physically impaired are free from the hassels
of everyday challenges associated with commuting which could possibly help with job
retention.
Allows for greater flexibility to choose own hours
Because telecommuters are not in the office, they have greater flexibility in choosing their
own work hours.
Eliminates commuting aggravation (rush-hour traffic, parking, etc.)
Telecommuters typically work from home or a remote location closer to their home. As a
result, they do not have to drive during rush-hour traffic to get to the office, and they do not
have to fight for parking spaces.
Potentially saves money (gas, car maintenance, business dress, etc.)
Telecommuters can save money on gas and car maintenance since they do not have to
commute to the office everyday. Additionally, since they are typically working from home,
telecommuters do not have to spend as much money on work attire and grooming (i.e.,
haircuts, make-up, etc.). Telecommuters also have a tendency to save money by not going
out to eat for lunch or buying snacks from the vending machine.
Communit~
Promotes air quality and reduces fuel consumption
Telecommuting reduces the number of employees traveling to, from and during work
especially during peak times. This can significantly reduce traffic, smog and fuel usage.
0
Decreases peak-hour congestion and traffic accidents
Since telecommuters do not have to travel to, from and during work hours, peak hour
congestion is minimized. Additionally, fewer cars on the road can help minimize traffic
accidents.
0
Reduces the need for road and highway construction and maintenance
Telecommuting reduces the number of cars on the road which reduces the need for road and
highway construction and maintenance.
CLOSING REMARKS
There is no question that the telecommuting program is a bold initiative and exciting work
alternative for the City of Denton. As an organization, we continue to explore ways to improve
the quality of worklife of our employees as well as enhance service to our citizens.
Telecommuting provides the organization with yet another vehicle by which to accomplish these
goals in a fiscally responsible manner.
CITY OF DENTON
POLICY/~IDMINSTRATIVE PROCEDURES/ADMINISTRATIVE DI~CTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
103.02
SUBJECT: SPECIAL CATEGORIES OF EMPLOYMENT INITIAL EFFECTIVE DATE:
TITLE: TELECOMMUTING LAST REVISION DATE:
POLICY STATEMENT
It is the policy of the City of Denton to consider the work altemative of telecommuting which
would allow regular full-time, regular part-time and contract employees to work from home or a
remote location when it is mutually beneficial to the organization and the employee and when it
complies with guidelines as set forth by the City.
Telecommuting is not a widespread employee benefit, but an alternative method of meeting the
needs of the City. Since telecommuting is a privilege, the organization has the right to refuse to
make telecommuting available to an employee and to terminate a telecommuting arrangement at
any time.
Employees are not required to telecommute and employees have the right to refuse to
telecommute if the option is made available to them. Employees who do choose to telecommute
have the right to cease telecommuting and return to his or her former in-office work pattern at
any time.
ADMINISTRATIVE PROCEDURES
I. Telecommuting Profile
A. Not every employee, supervisor, or job is appropriate for telecommuting. The
specific nature of the job will indicate whether or not telecommuting is feasible.
Possible jobs to consider for telecommuting would be those jobs that do not require
constant face-to-face interaction with customers or other employees; field positions
that could go directly from home to customers and back are also viable options.
Positions where an employee works alone in performing tasks may also be well
suited. These tasks may include:
Planning
Scheduling
Preparing performance reviews
Writing reports
Audits
Research and analysis
Conceptualizing, reading and writing
Conducting business by telephone
Working with data
POLICY/ADMINSTRA TIVE PROCED URES/ADMINISTRA TIVE DIRECTIVE
TITLE: TELECOMMUTING ~F. NO. 103.02
While the nature and responsibility of a job are key factors in determining whether or
not telecommuting is an option, personal traits and characteristics of the employee
and supervisor must be considered.
Ideal Telecommutine Manager
n Has strong communication skills
Manages by results and not by monitoring work hours
n Delegates work easily
Is well organized
Open to new ideas
Trusts his or her employees to do a good job
Ideal Telecommuting Employee
Is self-motivated
Has high productivity
Requires minimal supervision
n Has a high degree of job knowledge and skill
Possesses strong organization and time management skills
II.
Telecommuting Guidelines
The decision to allow an employee to telecommute will be left to the discretion of his
or her department director and will be coordinated with the Director of Human
Resources or designee. To protect the rights of all involved, employees and their
managers will develop and sign a Telecommuting Agreement (Exhibit A). The
Director of Human Resources or designee will assist in drafting the agreement
ensuring that it meets with organizational and legal approval. This document
explains the guidelines of the telecommuting program, outlines job expectations, and
specifies work hours.
B. If an employee currently works for the City of Denton, he/she must have satisfactory
performance to be eligible to participate in the program.
C. Salary, Benefits and Worker's Compensation
Regular full-time and part-time employees participating in the telecommuting
program will maintain the same salary, benefits, and insurance coverage. Only
the work location will change on certain days. Contract employees are not
eligible for such benefits.
POL IC Y/AD MINS TRA TIVE PR OCE D URES/AD MINIS TRA TIVE DIRECTIVE
I TITLE: TELECOMMUTING P. EF. NO. 103.02
Liability for job-related accidents will continue to exist at the designated off-site
location during the approved work schedule. Employees who telecommute will
be responsible to maintain safe working conditions at the designated off-site
location and should practice the same safety habits that he or she would in the
office environment. In case of injury, the employee should contact his or her
supervisor immediately to get instructions for obtaining medical treatment. The
City of Denton assumes no liability for injuries that occur in the employee's off-
site work location outside of the agreed-upon work hours. To ensure that safe
working conditions exist, the employee's supervisor has the right to make on-site
inspections at mutually agreed upon times.
D. Work Hours/Schedule
The total number of work hours per pay period will not change due to
participation in the telecommuting program. Non-exempt employees will be
responsible for providing a bi-weekly time sheet according to City of Denton
standards.
Departmental requirements take precedence over the schedule and telecommuting
arrangements specified in the Telecommuting Agreement if there is a scheduling
conflict. Management will provide the employee with advance notice if at all
possible when flextime schedules or telecommuting must be curtailed.
Employees are required to report to the office when requested.
3. Employees should be available by telephone during the specified work hours and
should notify the office in the event that they leave the off-site work location.
The telecommuting employee must be at the main work location as specified in
the telecommuting agreement and must attend any regularly scheduled meetings.
The employee's department director has the discretion to alter this requirement
with the approval of the Director of Human Resources or designee.
E. Work Plan and Assignments
A telecommuting work plan will be developed by the employee and his or her
supervisor outlining the days for teleeommuting and the work to be performed
during those days. Any changes to the agreed upon work plan must be reviewed
and approved by the supervisor in advance.
The telecommuting employee will consult with the supervisor, through mutually
agreed upon mode(s) of communication to receive or review completed
assignments.
10
POLICY/ADMINSTRATIVE PROCEDURES/ADMINISTRATIVE DIRECTIVE
II TITLE:
TELECOMMUTING
REF. NO. 103.02
F. Equipment and Office Supplies
If an employee requires PC connectivity, coordination with the Director of
Technology Services should be obtained to ensure that proper access is available
in order for the employee to properly perform his or her job responsibilities.
Anti-vires protection software should be installed on all equipment not owned by
the City of Denton in order to protect hardware and software security and data
integrity. Any software needed must be used in accordance with the license
agreement provided in the software documentation. Cost for purchasing
connectivity equipment and software should not be excessively expensive in order
to allow an employee to telecommute. A cost benefit analysis should be
performed in order to determine the rate of return on such an investment if it is
costly.
Office supplies will be provided by the City of Denton and should be obtained
during days of on-site work. Any out of pocket expenses will not be reimbursed
to the employee for supplies normally available in the office unless prior approval
is granted by the employee's supervisor.
The employee understands that all equipment loaned by the City of Denton should
be maintained in good condition and should only be used for performing job
responsibilities. Upon resignation or termination of this agreement, the
telecommuting employee agrees to return the equipment in good working order
and in comparable condition as when loaned. Regular wear and tear as a result of
standard usage will be taken into consideration.
The security of the City's property in the employee's home is as important as it is
in the office. Telecommuting employee's are expected to take reasonable
precautions to protect the equipment from theft, damage or misuse.
G. Confidentiality and Security
1. Restricted-access materials will not be taken out of the office unless approved in
advance by the employee's department director and/or supervisor.
Telecommuting employees must take reasonable precautions to ensure the
confidentiality and security of City information. Breach of confidentiality or
security could terminate the telecommuting agreement and or jeopardize the
employee's continued employment with the City of Denton.
11
POLI C Y/AD MINS TRA TIVE PR OCED URESMD MINIS TRA TIVE DIRECTIVE
TITLE:
TELECOMMUTING
KEF. NO. 103.02
Ho
Dependent Care: The telecommuting employee will not undertake the primary care
of a dependent child or provide primary care for an elderly adult at the off-site
location during the agreed-upon work hours. However, if a dependent child is ill, the
employee may on a temporary basis provide care for that child, subject to approval of
his or her supervisor.
I. Coordination with Sick Leave and Family Medical Leave (FMLA)
Telecommuters are expected to comply with departmental policies and procedures
for using accrued sick leave. Employees using accrued sick leave should not
perform any work unless prior approval is obtained from his/her supervisor.
Employees on FMLA should not perform any work unless prior approval is
obtained from his/her supervisor AND the Director of Human Resources or
designee. Under no circumstances will an employee be allowed to perform work
while on FMLA unless written permission from the employee's doctor(s) is
obtained.
Jo
Tax Liability: Any income tax implications of maintaining a home office area as a
result of telecommuting are entirely the responsibility of the telecommuter.
Telecommuters are encouraged to seek professional advice in this area.
K. Telecommuters are expected to comply with all City of Denton policies and
procedures.
12
TELECOMMUTING AGREEMENT
Exhibit A
Telecommuting, or working from another location such as home or an office close to home, is a
work alternative that the City of Denton may choose to make available to employees when a
mutually beneficial situation exists.
Telecommuting is not an employee benefit, but rather is an alternate method of meeting the
needs of the City. Employees do not have the "right" to telecommute; either the employee or the
City can terminate the arrangement at any time with or without cause.
Employee Name:
Department/Division:
Supervisor:
Telecommuting Start Date:
These are the conditions of telecommuting agreed upon by the telecommuter and his or her
supervisor:
1. The employee agrees to work at the following location:
Address:
City, State:
Phone Number:
The employee will telecommute
The employee's hours will be as follows:
Zip Code:
Fax:
days per week.
When requested, the employee agrees to provide the supervisor a Telecommuting Work
Plan which identifies the assignments to be worked on during telecommuting hours.
The following equipment will be used by the employee in the remote work location:
This equipment will be provided by the
( ) employee
( ) City
( ) both
13
If applicable, please list City assets to be used
o
The employee understands that all equipment loaned by the City of Denton should be
maintained in good condition and should only be used for performing job responsibilities.
Upon resignation or termination of this agreement, the telecommuting employee agrees to
retum the equipment in good working order and in comparable condition as when loaned.
Regular wear and tear as a result of standard usage will be taken into consideration.
The security of the City's property in the employee's home is as important as it is in the
office. Telecommuting employee's are expected to take reasonable precautions to protect
the equipment from theft, damage or misuse.
The following is the arrangement agreed upon for handling telephone calls made by the
telecommuter from the remote work location for City business:
The employee agrees to call the central office to obtain his or her messages at least
times per day.
The employee agrees to obtain from the central office all supplies needed for work at the
alternate location; out-of-pocket expenses for supplies regularly available at the City
office will not be reimbursed unless prior approval is granted by the employee's
supervisor.
Additional conditions agreed upon by the telecommuter and the supervisor are as follows:
The contents of this agreement do not in any way constitute the terms of a contract of
employment and should not be construed as a guarantee of continued employment with the City
of Denton. Employment with the City of Denton is on an "at-will" basis which means that the
employment relationship may be terminated at any time by either the City or the employee for
any reason not expressly prohibited by law.
I have reviewed the above information with
her participation in the City's telecommuting program.
prior to his or
14
Date Supervisor
Date
Department Director
Date
Director of Human Resources
The above information has been discussed with me, and I have been provided a copy of the
Telecommuting policy.
Date Employee
15
17
Aoenda No. ,zg~,~; .....
Agenda Item_~ '-~,r ~ ,
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 25, 2000
Solid Waste
Howard Martin, 349-8232
SUBJECT:
Receive a report, hold a discussion, and give staff direction concerning proposed Solid Waste
regulations and related rate adjustments.
BACKGROUND:
Last year, the City Council adopted an amendment to the Solid Waste Ordinance relating to
bulky items, unauthorized use of waste containers, adequacy of service, and contamination of
recycling sites. Upon adoption, the City Council instructed staff to monitor the effectiveness of
the new ordinance.
Staff determined that the portion of the ordinance relating to bulky items and trash around
dumpsters was not as effective as had been desired. To address the need for mechanisms that
would rid our community of this blight, all commercial customers were invited to'a public
meeting held on June 6, 1999, at the Owsley Community Police Station. Approximately 50
customers came to this meeting in which the issues were discussed and possible solutions
identified. Three commercial customers were appointed to serve on a committee consisting of
representatives from Keep Denton Beautiful, Code Enforcement, Solid Waste, and Legal, with
Greg Hedges of Denton Police Department acting as the group facilitator. After several meeting
with committee members, modifications to the ordinance and procedures were developed and
presented at three additional public meetings to receive feedback from our customers.
The committee suggested strict enfomement of the existing regulations and has made several
other recommendation discussed below. Aggressive enforcement was began on August 30,
1999, and as a result some managers of apartments in Denton have hired someone to check their
property daily including weekends to keep their properties clean and to avoid charges or a
citation. Many apartment managers have revised their contracts and/or provided information to
tenants on proper handling and disposal of solid waste, and some have placed specific
instructions to their residents on the dumpster. Many have increased the level of service to
ensure that there is adequate space available to accommodate their tenants solid waste, while
others have decided to absorb the cost associated with a lower profile dumpster which is easier
for the tenants to use.
FSshared\dept\golid Waste\PUB lnformation~UB-ActivitiesRelatedToBulkyltem,doc
Several apartment manager are successfully prosecuting individuals who have illegally used their
dumpster by catching them in the act or searching through the waste and finding papers with the
individuals name and address and filing a complaint with the municipal prosecutor. Others have
worked with the Solid Waste Department to move their dumpsters on-site to a location, which is
less accessible to an illegal dumper.
Code Enforcement has mailed over 184 billings for collection of trash and bulky items as of
October 1, 1999. Solid Waste has increased service for 113 Customers since November 1998.
Two cases have been filed in municipal court due to excessive violations as of October 1, 1999.
There is a major difference in the appearance of the community due to strict enforcement
activities.
OPTIONS:
Adopt or reject the proposed ordinance and policy revisions.
RECOMMENDATION:
The ad-hoc advisory committee recommends adoption of the ordinance as proposed, which the
committee recommends moving the collection day to the first Thursday of the month, continuing
once per month bulky item collection, on a call-in basis, expand the definition and number of
bulky items collected at no charge, establish fees for collection of trash or bulky item in violation
of the ordinance and notification of rule and procedure changes. The Bulky Item Citizen
Committee further recommends that dumpsters should be moved from the Curb to the premise
being served wherever containers can be accessed safely. The citizen committee also strongly
recommended strict enforcement of the existing regulations in the interim period.
ESTIMATED SCHEDULE OF PROJECT:
See attached Advertising Schedule.
PRIOR ACTION/REVIEW (Council, Boards, Commission):
City Council adopted Solid Waste ordinance amendment in November 1998. Due to concerns
related to the effectiveness of the ordinance a work session was held with the City Council late
last summer at which enhanced enforcement activities and potential ordinance modification and
procedural changes were discussed.
FISCAL INFORMATION:
Collection of trash and bulky items has been performed by the Code Enforcement contractor.
The total cost of collections as of October 1, 1999, has been $12,260 which is being funded by
the Solid Waste Department. Two hundred forty three work orders have been processed, 184
F 5shared\dept\golid Waste~UB InformationkPUB-ActivitiesRelatedToBulkyltem.doc
FISCAL INFORMATION;.
Collection of trash and bulky items has been performed by the Code Enforcement contractor.
The total cost of collections as of October 1, 1999, has been $12,260 which is being funded by
the Solid Waste Department. Two hundred forty three work orders have been processed, 184
locations had items out when the contractor arrived on site and 184 billings were mailed totaling
$12,260. Prior to the beginning of the enforcement program on August 30, 1999, notices were
mailed to all multi-family property owners on the GIS. However, as enforcement progressed a
number of violations were businesses other than multi-family. Inasmuch as they had not received
a notice other than the one mailed out in November 1998, after adoption of the ordinance
amendment, it was felt that another notice was needed to be on legitimate legal grounds.
Therefore, a decision was made to forgive or not to implement liens on properties which had not
been notified. Subsequently all commercial solid waste customers were mailed a postcard
notification. As a result 52 billings were forgiven due to notification concerns which amounted
to $4700.
BID INFORMATION:,
The Code Enforcement contractor was already under contract and therefore bidding for these
services was unnecessary.
MAP:
' Respectfully submitted:
Charles S. Watkins
Director of Solid Waste
Exhibits:
Red-Lined Ordinance Changes
Solid Waste Rate Ordinance
Bulleted Summary
Advertising Schedule
F: shared dept ,qohd \X,'a~;lc ptJl3hllbl'nlauon pL. 13- ',,ct '. mcsRelated l-oBulk'., Item dc, c
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLD WASTE AMENDING SECTION
24-5 TO CLARIFY THE LANGUAGE REGARDING UNAUTHORIZED USE OF ANOTHER'S SOLID
WASTE CONTAINER: AMENDING SECTION 24-6(a) TO ADD MANAGER OR AGENT AS
PERSONS WHO ARE HELD RESPONSIBLE FOR COMPLYING WITH SECTION 24-6
AMENDING SECTION 26-6(b) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS
NEXT TO A SOLID WASTE CONTAINER; ADDING A NEW SECTION 24-13 TO ESTABLISH FEES
FOR THE REMOVAL OF ANY BULKY ITEMS PLACED IN, ON, OR AROb~D A SOLID WASTE
CONTAINER IN VIOLATION OF CHAPTER 24; PROVIDING FOR A REMOVAL OF ANY BULKS.'
ITEMS THAT ARE LEFT IN, ON, OR AROUND A SOLID WASTE CONTAINER IN A MAN.~ER
THAT DOES NOT ALLOW THE LID OF THE SOLID WASTE CONTAINER TO CLOSE WITH ALL
OF THE SOLID WASTE COMPLETELY ENCLOSED IN THE CONTAINER; PROVIDING FOR A
SEVERABILITY CLAUSE: PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; PROVIDING FOR A EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS:
Section 24-5. Disposal of garbage, trash or rubbish only in authorized locations.
~, ,I-.~,i r ill
(a) It shall t. .... ~,..c,,, e~. an;.' per.sen to ~: .....xe,.~.t.~,,e trash or ....... h any
place ;" *'~ "~"' other '"~" aa pro..'idcd in this chapter or aut!:orizzd by the city. No
person o~,, place any ~,;a ,xazt: in tko solid ,.vaztz ..... ~ ~- of anotF, er:
attthcriz:d ~ J~ sc ~',' :he person or persons who pay thc solid
collection service.
(a) It shall be unlawi~d for ans~ person to dispose of garbage, trash or rubbish in
" place in the city. other than as provided in this chapter or authorize8 by the city. No
person shall pla~e any solid waste, bulky items or any other n{aterial in, on or next to the
solid waste container of another: unless authorized to do so by the person or persons who
pay the charge tbr the solid waste collection service.
SECTION 1. That Section 24-6ta) of the Code of Ordnances shall be amended to read as
tbllows:
Sec. 24-6. Receptacles for trash and rubbish.
(a) Every o,.;ner, occupant, iellallt or 10s5¢~ Uslng or occupying ail':'
' ott ......t t~r .... ;a.~..~, or commercial puI~oS~q
or o,, ,.c ...............1,~ .
,,,N~ ........ r~ptaclcs of ~ufticient ~i"a and
shall provide ..... ~ maintain ~u: ...... -~ ..... ct'
.... ~ · , ..... ~-t=~ aritho
...... ~ .... ~,~ .~ ........ ~ ..... tr~t raS~id: v..uch acc
Every owner, manager, agent occupant, tenant, or lessee of any buildmg, house.
or structure within the cmporate limits of the city shall provide and maintain suitable
containers or receptacles of sufficient size and number to hold the garbage, trash and
rubbish which accumulates on the premises.
~ near a solid wa:ts :cntainer in
waste container' . -'~-~'.' c!osc with
...... IlO ...... ~ the Itt~tthe sa!id .c ~om~ ..... :
all .h~ nc!id waste ccmpletelv w*flm~ the container. It cha![ be a defense to v,o ........n
............ ~ ti .... d v ~t >t ..... ~ ~ ' ' i .... as dcEned
under ....... ~ ......... ~ ......
in Section 2 ! 2, and {f the bulkx ~mwa5 placed next tc 'k'= 'c-'~;'~'
eigSt (IS) hem's hot, re the tin~t~*~ed tbr pick up ofbu!ky items,
4
' (bi It shall be unlawful to place solid waste in, on or near a solid waste container in
a manner that does not allow the lid of the solid waste container to completely close with
all the solid waste completely within the container·
It shall be a defense to prosecution under this section if the solid waste placed
next to the container is bulky item as defined in Section 24-2, and if the bulky item is
placed next to the container less than forty-eight hours before the first Thursday of each
month, which is the time designated for pick-up of bulky items. The defense does not
apply if the person placing the bulky it.em in, on or near the solid waste container was not
authorized to use the solid waste container.
SECTION 3, That Section 24-13 of the Code of Ordinances entitled "Fees for Cleaning Area
Surrounding Solid Waste Container" shall be added and shall read as follows:
Sec. 24-13. Fees for Cleaning Area Surrounding Solid Waste Containers.
. . . .. ;Os
(a) If bulky items are left next to, m, onLor ne.a[, a s?d ~was. t,_e c~t_a~5[ a~n¢;~a
of Section 24-6(b) or 24-6(c), then a forty-five aonar tee for me ~*ntu ..... .
bulky item shall be charged to the person who pays the fee for the solid waste contamer.
For each additional bulky item removed, a ten-dollar fee per item shall be assessed unless
. the bulky item is an appliance containing CFC's or PCB's. If the bulky item is an
appliance containing CFC's or PCB's, the fee shall be twenty dollars per appliance·
(b) If solid waste, other than bulky items, is left in, on, or near a solid waste
container in violation of 24-6(a) or 24-6(b), then a sixty-five dollar fee shall be charged to
the person who pays the fee for the solid waste container for the removal of up to one
cubic yard of solid waste. An additional fee of thirty dollars for every additional cubic
yard of solid waste up to eight cubic yards shall be assessed unless the solid waste excess
eight cubic yards:.
ore than eight cubic yards of waste are left in, on, or near a solid waste
(c) L . _Jf.._m.(.;~ 'on of~Section 24 6(a) or 24-6(b) the person who pays the fee for the
container iii v~u,,~tl '
solid waste container must lease appropriate equipment as specified by the solid waste
deparunent and provide the labor for loading.
· unlawful for a person receiving notice to remove solid waste under Section
(d) It is ................ d within forty-eight hours of the notice·
24-13(c) to fail to nave al me sona wast~
iht bulk items per month will be picked up without any charge if the
(e) Up to e g . Y ....... :~ ~o~ th n 48 hours before the designated
bulky items are left by me $o[1(1 waste eontautwt ...... a -
pick-up time and if the bulky items are not appliances containing PCB's or CFC's.
SECTION 4. An individual adjudged guilty of the provisions of this ordinance shall be guilty of a
misdemeanor and punished by a fmc not to exceed Five Hundred Dollars ($500.00).
· City of Denton
SECTION 5~ That this ordinance shall be cumulative of all other ordinances of the
and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6, That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
5
SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its
passage, arid 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.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEUDLE OF
RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 98-266, AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5,
26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE;
AMENDING THE CHARGES FOR INACCESSIBLE AND UNSERVICEABLE
.CONTAINERS; AMENDING THE CONTAINER LOCK INSTALLATION AND REMOVAL
CHARGE; AMENDING THE BRUSH FEE CHARGE FOR BRUSH BROUGHT TO THE
CITY OF DENTON LANDFILL; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENETON HEREBY ORDAINS:
SECTION l. That the charges for solid waste collection services as attthorized by'
Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of
Chapter 24; and by Section 29-90 of Article IV of Chapter 32 of the Code of Ordinances of the
City of Denton, Texas, are hereby established as follows:
SOLID WASTE RATE SCHEDULES
PAGE
SWR Residential Solid Waste Collection Service -
SWC Commercial and Institutional Solid V,,'aste Collection Service 3
8
SWL Sanitary Landfill Use
SCHEDULE SWR
RESDENTIAL SOLID WASTE COLLECTION SERVICE
(Effective 10/01/99)
APPLICATION
Applicable to individual family unit solid waste collection service. Individual family unit
includes each side of duplex, each living unit per subdivided lot, and nay unit or 1Mng space in
which a person or single family resides.
MONTHLY RATE
$12.90 per 30 days
SURCHARGE (State of Texas statutory charge for landfill use)
S0.10per 30 days
The surcharge referenced above is hereby authorized to be remitted to the State as required by
law, and should the State Legislature increase this fee. such increase is hereby authorized to be
charged and collected.
M.INIMUM BILLING '
$13.00 per 30 days
OTHER CHARGES
There will be no charge tbr the collection of bagged clippings and leaves, or brush and tree limbs
which are cut and stacked in 4' lengths, if the combined grass leaves,brush total volume is not
over eight cubic yards per week. Any combination of grass, leaves, and brash is appropriate.
One cubic yard o(grass or leaves equals 6 bags.
Bagged grass and leaves over eight cubic yards ~48 bags) is charged at 50c per additional bag.
Brush and tree l'imbs over eight cubic yards are charged at 55.00 per cubic yard IBr all cubic
yards.
The charge for appliances containing CFC's or PCB's will be 520.00
A service deposit in the minimum amount of S26.00 will be charged for basic residential solid
waste se~'ice.
8
PAGE 2
SCHEDULE SWC
COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE
(Effective 10/01/99)
APPLICATION
Applicable for all commercial or institutional solid waste collection service.
MONTHLY RATE
A. DUMPSTERS (Regular Sen'ice)
1. 2 YARD DUMPSTER (Existing 2 Yard customers only)
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Week 'Per Week Per Month 30-Days
1 2 8
2 4 16
3 6 24
4 8 32
5 '10 40
'6 12 48'
$ 32.15
S 64.20
S 96.25
S 128.40
· 5160.45
5192.55
2. 3 YARD DUMPSTER
Number of Times
Collected Per Week
Cubic Yards Cubic Yards Rate Per
Per Week Per Month 30-Days
1 3 12
2 6 24
3 9 27
4 12 48
5 15 6O
6 18 72
S 38.00
S 76.00
5114.00
5152.00
5190.00
5228.00
P.\GE 3
3. 4 YARD DUMPSTER
Number of Times
Collected Per Week
6 YARD DUMPSTER
Number of Times
Collected Per Week
5. 8 yARD DUMPSTER
N~amber of Times
Collected Per Week
Cubic Yards Cubic Yards Rate Per
Per Week Per Month 30-Days
4 16 $ 43.40
8 32 $ 86.80
12 48 $130.15
t6 64 $173.50
20 80 $217.00
24 96 $260.30
Cubic Yards Cubic Yards Rate Per
Per Week Per Month 30-Days
6 24 S 54.65
12 48 5109.30
18 72 5164.00
24 96 $218.65
30 120 5273.30
36 144 5328.00
Cubic Yards Cubic Yards Rate Per
Per Week Per Month 30-Days
8 32 S 66.20
16 64 5132.40
24 96 5198.60
32 128 S264.75
40 160 5330.95
48 196 S397.15
The 2 yard dumpster senqce is only available to existing 2 yard dumpster customers as of
September 30, 1997. Nexv 2 yard dumpster service will not be offered to any customer. Existing
customer receiving 2 yard dumpster service that d scontinue 2 yard service may not reinstate 2
yard dumpster service.
10
PAGE 4
B. DUMPSTER SERVICE (Temporary)
Type of
Container
Rent
Per 30-Days
Service Charge
3 cubic yard dumpster $ 9.70
4 cubic yard dumpster $12.50
6 cubic yard dumpster $16.25
8 cubic yard dumpster $19.00
$38.00 per pickup
$47.00 per pickup
$61.00 per pickup
$70.00 per pickup
C. DUMPSTER SERVICE (Refill and Extra Pickup)
Type of
Container
Service Charge
2 cubic yard dumpster
3 cubic yard dumpster
4 cubic yard dumpster
6 cubic yard dumpster
8 cubic yard dumpster
$15.50 per pickup
$21.50 per pickup
$28.25 per pickup
537.50 per pickup
S47.00 per pickup
D. 6 CY COMPACTOR
Number of Times
Collected Per Week
Cubic Yards
Per Wek
Cubic Yards
Per Month
1 21 91
~ 42 t 82
3 63 273
Rate Per'
30 Days
$172.90
S345.80
S518.70
E. OPEN-TOP CONTAINERS
Type of Rent
Container Per 30-Days
Service Charge
15 cubic yard open.top $ 53.00
20 cubic yard open top $ 66.00
30 cubic yard open top S 79.00
40 cubic yard open top S100.00
Sl35.00 per pickup
76.00 per pickup
S258.00 per pickup
S344.00 per pickup
OPEN-TOP WEIGHT SURCHARGE
A S45.00 surcharge per ton will be assessed to all open-top customers whose waste is in excess
of the established maximum tonnage per container size.
11
PAGE 5
OPEN-TOP MAXIMUM TONNAGES
15 cubic yard open-top
20 cubic yard open-top
30 cubic yard open-top
40 cubic yard open-top
3 Tons
4 Tons
6 Tons
8 Tons
F. COMPACTORS
Type of
Container
Rent
Per 30-Days
Service Charge
20cubic yard compactor
25 cubic yard compactor
30 cubic yard compactor
42 cubic yard compactor
$159.00
$192.00
5236.00
5307.00
$160.00 per pickup
$183.00 per pickup
$207.00 per pickup
5263.00 per pickup
BASE MINIMUM COMMERCIAL CHARGE
A base minimum commercial customer charge of 515.00 per 30-days will be charged to all
commercial solid waste customers
SHARED COMMERCIAL CONTAiNERS
Shared commercial containers will be limited on a cubic yardage basis to a minimum of 1 cubic
yard per'customer.' The maxihmm numbeF of customer with shared accounts per dumpster is as
stated.
Dumpster Size
2 CY 2
3 CY 3
4 CY 4
6 CY 6
8 CY 8
Maximum Number of Customers
SPECIAL WASTE
Disposal of"Special Waste" as defined
by the State of Texas Municipal Solid
Waste Management Regulations. Acceptance
of special waste is subject to Federal and State
laws and regulations, and the City has the right
to refuse to accept waste.
Rate Per Cubic Yard
$17.50
12
P..\GE 6
SURCHARGE (SWC)
An additional 3.5% charge will be assessed to each 30-day period (excluding rental charge) to
compensate for the State of Texas surcharge for solid waste received at landfills. The City staff
is hereby authorized to remit such charge to the State, and should the State Legislature increase
this fee, such increase is hereby authorized to be charged and collected.
OTHER CHARGES
A delivery fee of $45.00 per container will be charged to all customers for open-top containers
and compactors. A delivery fee of $30.00 per container will be charged to all customers tbr
temporary dumpster service.
A relocation fee of $30.00 will be charged for each open-top or compactor container that is
relocated at the customer's site.
A $25.00 fee will be charged for each request for same day pickup service for open-top and
compactor customers who receive pickup service upon demand.
A charge for inaccessible and unserviceable containers will be assessed. The charge will be
$45.00 for roll-off containers, and 530.00 for dumpsters
A $112.00 fee will be charged for container lock installations provided by the City of Denton.
$70.00 will. be charged for container lock removal.
A.charge of $400.00 pet 30-days will be chtirged' for pre-crusher rental.
A charge of S300.00 will be assessed to all open-top customers who have containers whose
waste weighs in excess of 9 tons.
A deposit on open-tops and temporary dumpsters will be charged based upon one-sixth 1 6) of
the estimated annual billing amount or service contract.
A nfinimum of once per week Pickup service is required for putresible (food) waste containers.
A charge of S17.50 per cubic yard will be charged for whole trees and stumps delivered to tl~e
Denton landfill.
The charge for appliances that contain CFC's or PCB's will be S20.00
13
PAGE7
SCHEDULE SWL
SANITARY LANDFILL USE
(Effective 10/01/99)
APPLICATION
Applicable to individuals and commercial entities that use the City's sanitary landfill site, with
solid waste originated inside the city limits of Denton, Texas.
RATES AND CHARGES
Type of Vehicle
Charge Per
Vehicle Per Load
l. Automobiles and station wagons, pickup
trucks less than one-half ton.
$8.60
2. Motor vehicles with a carrying load $30.10
capacity of 2 cubic yards but less than 5
cubic yards such as one-half ton pickups.
'3. Pickup trucks with side boards and all other S86.00
vehicles with a carrying capac!ty ih excess.
of 5 cul:Jid'yards but less than 10 cubic
yards.
4. Vehicles xvith carrying capacity m excess S129.00
of 10 cubic yards but less than 15 cubic
yards.
5. Vehicles with carrying capacity in' excess S172.00
of 15 cubic yards but less than 2{) cubic
yards.
6. 5258.00
Vehicles with carrying capacity' in excess
of 20 cubic yards but less than 30 cubic
yards.
7. $344.00
Vehicles with carrying capacity' in excess
of 30 cubic yards but less than 40 cubic
yards.
8. Vehicles with carrying capacity of 40 cubic
yards or more
5430.00
p.x(iti s 1 4
APPLICATION
Applicable to individuals and commercial entities who are not residents of the City of Denton or
any customer with solid waste that does not originate from inside the city limits of Denton,
Texas.
RATES AND CHARGES
B. INDIVIDUAL USERS
Type of Vehicle
Charge Per
Vehicle Per Load
1. Automobiles and station wagons, pickup
trucks less than one-half ton.
$10.00
2. Motor vehicles with a carrying load 535.00
capacity of 2 cubic yards but less than 5
cubic yards such as one-half ton pickups.
3. Pickup trucks with side boards and all other S 100.00
vehicles with a carrying capacity in excess
of 5 cubic yards but less than 10 cubic
yards.
4. Vehicles'with carrying capacity in excess 5150.06
of 10 cubic yards but less than 15 cubic
yards.
5. Vehicles with carrying capacity in excess S200.00
of 15 cubic yards but less than 20 cubic
yards.
6. Vehicles with carrying capacity in excess S300.00
of 20 cubic yards but less than 30 cubic
yards.
7. Vehicles with carrying capacity in excess 5400.00
of 30 cubic yards but less than 40 cubic
yards.
8. Vehicles with carrying capacity of 40 cubic
yards or more.
5500.00
15
PAGE 9
APPLICATION
Applicable to customers who submit for deposit leaves, grass clippings, brush, trees, and stumps
shall pay the following rates:
RATES AND CHARGES
INDIVIDUAL USERS
Type of Vehicle
Charge Per
Vehicle Per Load
1. Unbagged and uncontaminated leaves and $1.00 CY
grass. ·
2. Bagged and uncontaminated leaves and $1.00CY
grass.
Any type or size vehicle with
uncontaminated loads of brush in less than
6' lengths.
4. Any type or size vehicle with
uncontaminated loads of brush in greater
than 6' lengths.
5. Any type or size vehicle with contaminated
bagged or unbagged leaves, grass, or brush
of any length.
6. Whole trees and stumps.
S1.00 CY
S3.00 CY
$8.60 CY
517.50 CY
OUTSIDE THE CITY SOLID WASTE HAULERS
The City Manager may enter into contracts with outside the City of Denton solid waste
haulers for regular use of the Denton sanitary landfill site at various negotiable rates
beneficial to the citizens of Denton.
All such contracts mav contain conditions of operation, disposal, and delivery as the City
Manager or his designee shall detem~ine necessary for the efficient operation of the
Denton landfill site and the method of billing and collection for such use.
PAGE 10 1 6
E. TIRE CHARGES
1. Automobile tires not shredded, quartered or
halved.
2. Truck tires not shredded, quartered or
halved.
SPECIAL WASTE
Disposal of "Special Waste" as defined by the
State of Texas Municipal Solid Waste
Management Regulations. Acceptance of
special waste is subject to Federal and State
laws and regulations, and the City has the right
to refuse to accept waste
UNSECURED LOADS
· Applibs to solid waste loads that are not
secured wi'th a tarpatdin or other equipment
that prevents material from spilling along and
within the right-of-way of public access roads
serving landfill site.
Charge Per Tire
$4.O0
$6.00
Rate Per Cubic Yard
$17.50
Rate Per Load
512.00'
SURCHARGE (SWL)
An additional 3.5% charge will be assessed on all service to the landfill to compensate tbr the
State of Texas surcharge tbr all solid xvaste received at landfills. The City staff is hereby
authorized to remit such charge to the State. and should the State Legislature increase this tee.
such increase is hereby authorized to be charged and collected.
LIMITATIONS
Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be
redeemed for their face value. The customer must pa,,,' the difference between the current rate
and the face value of the permit. The customer is not entitled to a refund if the face value of the
permit exceeds the current rate.
P.&GE 11 1 7
SECTION 2. That the Director of Solid Waste Department of the City of Denton is
authorized to deny the use of the landfill to customers for providing false information regarding
the residency of the individual or the origin of the solid waste.
SECTION 3. That it is in the public interest that the provisions of Sections 26-3, 26-4,
26-5, 26-7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code or
Ordinances shall expressly apply to City of Denton Solid Waste service.
SECTION 4. That all ordinances or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent, or in conflict with the terms or
provisions contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or the application thereof to any person or under any circumstances is
held invalid by any court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the City Council of the City of Denton, Texas
hereby declares it would have enacted such remaining portions despite any such invalidity.
SECTION 6. That this ordinance shall become effective, charged, and applied to all solid
waste sen'ices rendered on and after October 1, 1999; and a copy of said rates, fees, and charges
shall be maintained on file in the Office of the City Secretary.
18
PAGE 12
SUMMARY OF BULKY ITEMS/TRASH OUTSIDE DUMPSTER
COMMERCIAL CUSTOMERS
SOLID WASTE TO PROVIDE BULKY ITEM COLLECTION ONCE PER MONTH FOR
COMMERCIAL CUSTOMERS.
THE COLLECTION WILL BE PROVIDED ON THE FIRST THURSDAY OF EACH
MONTH.
· To receive this service the customer must call the Solid Waste Commercial Department at 349-
7151, and request a collection at least 48 hours ahead of the scheduled collection.
> UP TO EIGHT (8) BULKY ITEMS MAY BE PLACED FOR COLLECTION.
Each item over eight (8) will be charged at $10 per item. (Appliances not containing CFC's or
PCB's may be included. Eight items per billing address. Appliances with CFC 's/PCB's cost S20
each for collection or provide docume~itation of proper removal.)
Customers engaged in a business or activiO', which leads to tile generation of bulks.' items or
appliances receive no _fi'ee service and must arrange for collection and disposal at their own
expense. (.,Vo fi'ee service for fitrniture stores, or appliance outlets.)
Customers generating items too large to fit into their Solid [Vaste container..which are not
defined lis bulky items, or .appl~'ances must arrange for collection ctmf disposal of the items at
their expense.
CUSTOMERS WILL HAVE A 48-HOUR TIME PERIOD TO PLACE BULKY ITEMS
BESIDE WASTE CONTAINER FOR COLLECTION.
· BullO' items mm' not be visible./)'om any £ublic right-of-way at any time other than 48-hours
prior to the established nto~tthJv collection.
ITEMS UNLAWFULLY DUMPED UPON YOUR PREMISE MUST BE REMOVED FROM VIEW.
These items will be collected on the first ?hursdav of the month as long as you call in and place
for collection. Failure to remove the l'tems will result in collection and charge of S45 fee for first
item and $10. OO for each additional item.
UNLAWFUL PLACEMENT OF BULKY ITEMS ON CURB OR NEXT TO DUMPSTER OUTSIDE
THE 48-HOUR WINDOW.
· Bulky items placed outside the specified collection time frame will be collected by the Solid
Waste Department. A tee of 545 will automatically be charged for first item and S10.00 for each
additional item. 1 ~
}:: shared dep! Solid Was ¢ Commercial Bulk.', Items PROP()SI~DI:ORIM I K'~I [ lix. ISC~-)LI.E('I'ION doc
CUSTOMER COMMENTS
The Solid Waste Department has received a number of complaints regarding the Method
of enforcement and billing as follows:
Reporting of trash/bulky items, which are not visible from the street or from
public property. One customer stores materials around dumpster, which is not
visible from the street such as, carpet, carpet pads, pallets, etc. and provides an
opportunity for his employees to collect this material and haul to market in Dallas.
The customer contends that we should not be reporting this, a private solid Waste
Service would not be doing this. Solid Waste personnel have discontinued
reporting of items not visible from street.
Reporting of trash/bulky items when customers clean the property daily.
Customers have complained that they collected the waste but by the time the
contractor gets there other waste is there which gets collected and they get billed
for without having an opportunity to clean it up. To deal with this issue all work
orders' are now screened by a Solid Waste Supervisor who confirms the presence
of the trash/bulky item in the field within 24-hours of its being reported. Items
still out are referred to Code Enforcement.
Another customer complains that they have numerous properties all over town
and requests that we call his firm instead of faxing the work order to Code
Enforcement. The customer states that Code Enforcement gives 10:d. ays'notice of
grass and weed violations and we should give similar notice. If staff did this for
this person then we would have to do it for all.
Several customers have complained that if Denton was not the exclusive Solid
Waste service provider the customers would not be punished like this. One
complaint is that when they had a private hauler he would pickup items beside the
dumpster and he didn't have to worry about it. Others question the role of the
Solid Waste Department in enfomement by complaining that private haulers
would not be involved in enforcement. Others say that this is nothing more than a
way for Solid Waste to increase revenues by gouging the customers.
Some chronic violators are tuming in other chronic violators.
There is a major difference in the appearance of the community due to strict enforcement
activities.
FSshared\dept\Solid Waste~PUBlnformation\CUSTOMER COMMENTS,doc 2 0
AGENDA INFORMATION SHEET
AGENDA DATE: January 25th, 2000
DEPARTMENT: Planning Departm~ing Inspections Division
ACM: Dave Hill, 349-83 I'~~
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the rationale and policy
options available for implementation of a residential rental property licensing and inspection
program.
BACKGROUND
The City of Denton Comprehensive Plan, adopted on December 7th, 1999, contains a recommendation
calling for the development of program for periodic inspection and enforcement of city codes with
respect to apartment structures. Nearly half of the dwelling units in Denton were located within multi-
family structures, and typically rented to tenants. In addition, some percentage (as yet unknown) of
single family homes, manufactured homes, and mobile homes are used for rental purposes. The
Inspections Division has prepared a preliminary assessment of the issues involved with a residential
rental property licensing and inspection program for Council review.
The information provided in this report is not exhaustive. Staffhas prepared a general summary to
allow Council to determine if a detailed proposal should be developed, and if so, to give Council the
opportunity to provide instructions as to the general structure of the inspection program, or to identify
additional research that should be conducted.
INTRODUCTION
In an effort to ensure proper maintenance of city rental properties, the Inspections Division
staff has researched several maintenance and inspection ordinances currently utilized by area
cities. These ordinances are designed to prevent the decline of apartment buildings resulting
from inadequate maintenance practices as well as ensure that fundamental life safety issues are
addressed.
PURPOSE
The primary purpose of a rental inspection program is to protect the public health, safety and
welfare of the citizens of Denton by establishing minimum standards governing the
construction, use, occupancy, management and maintenance of rental structures. In addition,
enhanced use of rental properties provides aesthetic and property value benefits, and helps to
preserve affordable housing stock that is very difficult to replace.
OBJECTIVES
Four major objectives have been identified that justify rental property inspection programs:
1. To ensure proper maintenance of rental structures through a regular inspection program.
2. To remove or rehabilitate deteriorated rental structures throughout the city.
3. To eliminate the substandard and health or safety threats associated with some rental units.
4. To proactively address substandard conditions rather than to react to tenant complaints.
EXISTING CONDITIONS
The characteristics of rental housing are not available because rental data is not kept for single
family, manufactured homes, and mobile homes that are rented. Data is maintained, however,
for multi-family structures. The table below contains information compiled in October 1999 by
the City of Denton Inspections Division:
# Apt. Complexes
400
Total#Units
13,908
# Units < 5
Years Old
886
# Units 5 - 10 #Units 10-
Years Old 15 Years Old
74 3240
# Units 15-20
Years Old
# Units > 20
Years
2089 7619
Should further study be warranted, staffwill conduct research to determine the number of
rental units for other dwelling types. Existing data indicates that more than haifofthe multi-
family structure in the city are 20 years old or older, and building inspectors and code
enforcement officers have witnessed structural conditions associated with rental units that do
not comply with city codes or pose significant threats to human health and safety.
OPTIONS
Six options have been prepared for discussion purposes:
Option 1
Inspect all apartment units on an annual basis. Through this approach every unit
would be inspected on an annual basis. Considering that a certain percentage of
individuals would not consent to having their apartments inspected, a proportionate
amount of time would be spent in the processing of inspection warrants.
Option 2
Inspect all apartment units older than_five Fears of age on an annual basis. This approach
would result in a reduction of approximately 1900 units to be inspected or 15% of the total
units.
Option 3
Inspect all units every three years and those complexes that receive an unsatisfacto~
inspection grade for a minimum of two consecutive years_following the initial
inspection. If during that two~vear period there are no unsatisfacto~ scores then the
complex mq¥ be placed in the revolving three-year inspection process. This approach
awards those complexes that maintain their properties to meet or exceed the City of
Denton standards. This type of inspection procedure would be the most cost effective
as well as achieving the overall goal of building safety since all units would be
inspected initially. Those that pass will be placed on a three-year revolving schedule
and those that fail will be inspected each year until a passing grade is received for two
consecutive years.
Option 4
Annually inspect only those units where permission has been granted. This approach
would be the least controversy to tenants since the inspectors would be invited into the
units to perform the inspection. Many individuals who fear or otherwise have
opposition to this perceived intrusion will not grant permission for the inspection, thus
resulting in substantially fewer units being inspected.
Option 5
Inspect only unoccupied units on an annual basis. Given an approximate vacancy rate
of eight percent only 1100 of the 14,000 units would be inspected.
Option 6
Inspect only the common areas for violations on an annual basis. Exterior inspections
could greatly increase the visual appearance of a complex. However, these limited
inspections would do nothing to insure that proper maintenance is being performed or
that safety concerns are being addressed within the individual dwelling units.
RECOMMENDATION
Staff recommends that a mandatory approach be taken if rental inspections are conducted. Option 3
provides an incentive to maintain code compliance, an approach that staff also recommends. Staff
wishes to work with rental property owners to establish reasonable compliance timeframes, but must
also balance this objective with expectations of tenants and neighboring property owners.
ESTIMATED SCHEDULE OF PROJECT
5.
6.
7.
8.
January 2000 - Hold a discussion and receive direction from the City Council regarding the
proposed rental licensing and inspection program.
January-March 2000 - Hold neighbor meetings with rental property owners, managers and
tenants to discuss the proposed ordinance.
April 2000 - Report to the City Council on the results of the neighborhood meetings and
receive further input regarding this ordinance.
May - July 2000 - Draft ordinance for public review and comment.
August 2000 - Draft ordinance to council.
September - October 2000 - Adoption of Residential Rental Inspection Program Ordinance.
November - December 2000 - Hire & train personnel, set up procedures
January 2001 - Initial inspections to commence.
PRIOR ACTION/REVIEW:
None
FISCAL INFORMATION:
Estimated Funding Requirements:
Option 1 - 1 Supervising Inspector, 2 Inspectors / Trucks / Supplies
Option 2 - 1 Supervising Inspector, 2 Inspectors / Trucks / Supplies
Option 3 - 1 Supervising Inspector, 2 Inspectors / Trucks / Supplies
Option 4 - 2 Inspectors / Trucks / Supplies
Option 5 - 2 Inspectors / Trucks / Supplies
Option 6 - 1 Inspector / Truck / Supplies
$150,000
$150,000
$150,000
$105,000
$105,000
$ 60,000
Staff recommends that the total cost for this program be funded through fees associated with the
licensing program. If option 1,2 or 3 is implemented, the annual inspections fee would be
approximately $12.00 per unit. Options 4 and 5 would have an annual cost of approximately $7.50 per
unit, and Option 6 would result in an annual cost of approximately $4.50 per unit.
SURVEY OF VARIOUS CITIES REGARDING THE APPLICABILITY OF ANNUAL
MULTI-FAMILY INSPECTIONS
City Multi-Family Frequency of Is Inspection Annual
Inspections Inspection Performed If Inspection
Performed on Occupant Does Fee per
existing Not Grant Unit
structures Permission
Arlington Yes Annual Yes $ 8.52
Austin No N/A N/A N/A
College Station No N/A N/A N/A
Carrollton No N/A N/A N/A
Dallas Yes Annual Yes 2.00
Euless Yes Annual No 7.80
Ft. Worth Yes Annual Yes 6.00
Hurst Yes Annual Yes 7.80
Irving Yes Bi-Annual Yes 8.52
Lewisville No N/A N/A N/A
Lubbock No N/A N/A N/A
Richardson Yes Annual No 2.00
San Marcos No N/A N/A N/A
Waco No N/A N/A N/A
PROPOSED NOTIFICATION PROCEDURES
Regardless of the selected inspection procedure all residents will be notified of the pending inspection.
The purpose of the notification is to inform the tenants of the upcoming inspection as well as what
types of violations the inspector will be looking for. The notification should have a space for the tenant
to authorize or deny entry. These notifications would then become part of the permanent inspection
record for the complex. An additional space should also be provided that authorizes a police officer to
be present during the inspection.
FUNDING OPTIONS
Option 1
Option 2
Option 3
Fund the entire program from annual licensing fees. This approach would result in a
charge of approximately $12.00 per unit per year. Additional re-inspection fees should
also be considered to cover costs associated with re-inspecting those complexes that fail
the initial inspection. This funding philosophy would be in keeping with other fees
charged by the building inspections division.
Fund a portion of the program from licensing fees and a portion from general fund
monies.
Fund the entire program through general fund monies.
Creg ¥
Buildi~
cheil
~)fficial
Respectfully Submitted:
Do~ug P~ow ll~'~
Planning & Development Director
ATTACHMENT I
~otting Second Floor Balcony Decl~
I Rotting Deck Joisq
~)amaged Comer Suppor~
~oose Guardrai~
~)eteriorating Decking and Joists1
Deteriorating Sheathin~
Damaged Laundry Room Dooq
~amaged and Rotting Unit Doo~
Rotting Wood[
[Oete~
~otting Boarc~
~eteriorating Soffit~
~aulty Electrical Wirin~
AGENDA INFORMATION SHF~ET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 25, 2000
Planning & Development~~
Dave Hill, 349'8314
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the City of Denton Small
Area Plan Annual Report.
BACKGROUND
On January 6, 1998, City Council passed a Resolution No. R98-002, creating the City of Denton Small
Area Planning Program. The Small Area Planning program is designed to address specific areas in
greater detail than in the comprehensive plan by pro~,iding additional analysis, recommendations, and
implementation guidelines.
Resolution No. R98-002 also requires the submittal of an annual report. The City of Denton 1999
Small Area Planning Program Annual Report is attached as Attachment 1.
OPTIONS
Staffasks that Council members review the annual report and determine if it accurately reflect past
activities and identifies activities for the year 2000 that are consistent with Council priorities.
RECOMMENDATION
Staffrecommends continuation of the Small Area Planning Program. The Fry Street Plan was a
successful start, and the lessons learned will benefits future planning efforts.
PROJECT SCHEDULE
The schedules identified for different activities are noted in the annual report.
FISCAL INFORMATION
The cost of each plan for publication and meeting materials, beyond already budgeted city staff hours,
is estimated to be $8,000-$10,000.
ATTACHMENTS
1. City of Denton, Texas Small Area Planning Program 1999 Annual Report
2. Resolution authorizing a small area planning program; authorizing a small area
planning program for Fry Street and Downtown areas
3. Draft Small Area Planning Orientation pamphlet
4. Resolution adopting the Fry Street Small Area Plan for recommendations and
implementation actions for area improvements
5. Downtown University Core District Map
6. Southeast Denton Map
Respectfully submitted:
Douglas[~. Powell, AICP
Planning and Development Director
Prepared by:
J)edra Den~e-Ragland, AI~P 0
Small Area Planning Manager
Attachments 5 and 6 are located in the City Secretary's Exhibit File
ATTACHMENT 1
City of Denton, Texas
SMALL AREA
PLANNING PROGRAM
Prepared By: Dedra Ragland, AICP
Small Area Planning Manager
Michelle Lazo
Small Area Planner !
City of Denton Planning & Development Department
City Hall West
221 N. Elm
Denton, Texas 76201
January 25, 1999
CITY OF DENTON
SMALL AREA PLANNING PROGRAM
1999 ANNUAL REPORT
The City of Denton Small Area Planning Program was created by City Council on January 8th, 1998.
The program started slowly in 1998 and has accelerated in 1999. As required by Resolution No. R98-
002, an annual report outlining the activities of the Small Area Planning Section of the Planning and
Development Department must be submitted to City Council. This is the first Small Area Planning
Program Annual Report, and covers portions of 1998 and all 1999 activities. The following is an
itemized accounting of the Small Area Planning activities from inception of the program in 1998 to the
end of 1999:
Small Area Planning Orientation Pamphlet
A Small Area Planning Orientation pamphlet was drafted as a citizen's guide to neighborhood
planning in Denton. It is intended to assist and guide neighborhoods interested in having a small
area plan prepared for the area. It is a general overview of the small area planning process--
respecting that each neighborhood is unique and operates under a variety of circumstances. A city
team version has also been drafted to help small area team members understand their individual
and collective roles in the small area planning process.
Fry Street Small Area Plan
The City Council adopted by resolution, the Fry Street Small Area Plan on June 15, 1999. The Fry
Street Small Area Plan is the first in a series of specific community plans to build on the work of
the Denton Comprehensive plan. The plan provides a number of recommendations and strategies to
address the physical and social concerns identified by Fry Street area stakeholders. Since the
plan's adoption, staff has been working to implement the recommendations contained in the Plan.
Implementation efforts include the elements identified below:
Establish a public private partnership between the City; the Fry Street area merchants, property
owners and stakeholders; and the University of North Texas.
Capital Improvements
A funding request of $250,000 for the 2000-2005 Capital Improvement Program project
list was approved in the January 15, 2000 Bond Election. The funds will be utilized to
make street, sidewalk and other traffic related improvements in the Fry Street area
providing that area property owners and merchants create a Fry Street Public
Improvement District (FSPID).
Formation of a Public Improvement District
City staff is working with area merchants and property owners to draft a petition to the
City to designate the Fry Street area as a PID.
1999 Annual Report - Small Area Planning Program
o
Create a Fry Street Zoning Overlay District to address off-street parking requirements; building
densities, area and height requirements; location and consolidation of solid waste containers;
regulation of open glass containers and to amend the sign regulations for the District.
Fry Street Zoning Overlay District Regulations
Council will hold a public hearing and consider adoption of the Fry Street Zoning
Overlay District in early 2000. The primary regulations included in the Overlay District
are:
Off-Street Parking Requirements
Remote off-street parking amended from five hundred feet to within one thousand
(1,000) feet of the building or use being served.
Non-residential, including restaurant, retail, private club, on-premises sale of beer
and/or wine off-street parking shall be provided one space for each four hundred
(400) square feet of floor area.
Area and height requirements
Allowable building coverage:
Allowable FAR:
Height Restriction:
100%
2:1
3 stories (not to exceed 45')
Centralized/Consolidated Dumpsters and Revetments
The Solid Waste Department has encumbered $20,000 for dumpster revetments in
the Fry Street area. In addition, the funds will also be utilized for a concrete drive,
slab and apron for the containers to be placed on and security lighting.
Glass Containers
Council will hold a public hearing and consider adoption of an Ordinance amending
Chapter 24 "Solid Waste" of the Code of Ordinances of the City of Denton adding an
additional article "Possession of Open Glass Containers in Fry Street District" to
address litter and safety concerns resulting from open glass containers in the District.
The Fry Street Small Area Plan received the Midwest Section of the Texas Chapter American
Planning Association Project Planning Award on December 17, 1999.
The Downtown University Core District (DUCD) and the Southeast Denton Scopes of Work were
approved by City Council on August 24, 1999 to begin October 1999 and January 2000,
respectively.
Downtown University Core District Plan
The Downtown University Core District (DUCD) is a special district identified in the recently
adopted Comprehensive Plan for the City of Denton. The DUCD is a set of unique and special
needs areas that have been grouped together because of similar characteristics and because they
merit special planning attention. The District is located in the heart of the City.
1999 Annual Report - Small Area Planning Program 5
Proiect Initiation and Baseline Analysis
The first phase of the project was initiated on November 1, 1999. Small area planning
staff has surveyed the planning area, identified 14 potential small area planning sites
(sub-districts) that have some common identifying characteristics and concerns within
the district. A preliminary description of the sub-districts has been compiled in
preparation for a more detailed analysis.
City team members for the District plan have also been identified and several two
meetings have taken place to begin formulating long and short-term goals.
Southeast Denton Small Area Plan
The Southeast Denton Area has been identified as an area in need of revitalization and
rehabilitation and as having unique characteristics, issues and attributes warranting special
attention. The Southeast Denton Small Area Plan represents the first program planning effort
intended to address residential neighborhood issues.
Project Initiation and Baseline Analysis
The first meeting of the Southeast Denton Neighborhood Association (SEDNA) was
held on November 15, 1999. Small area planning staff attended the meeting and gave a
brief overview of small area planning, future small area planning efforts in southeast
Denton and the net benefits of a small area plan for the Southeast Denton neighborhood.
Denia Neighborhood Small Area Plan
The Denia Neighborhood Plan Scope of Work was approved by City Council on October 26, 1999
and is scheduled to begin March 2001.
The Denia neighborhood has been identified as a potential small area planning candidate. The
Denia neighborhood is unlike other small area planning candidates because it appears to be
relatively stable. Planning and Building Inspection staff have preliminarily identified a number
of site-specific issues. Further research will be conducted and presented to Council in late 2000
to determine the proper course of action.
The Small Area Planning Section has prepared the following goals for completion of several planning
activities:
1. Develop specific standards for selecting future small area planning candidates.
Target Completion Date: June 2000
1999 Annual Report - Small Area Planning Program 6
Fry Street
Small Area Plan Implementation
Public Improvement District
Assist property owners with the Fry Street Public Improvement District designation.
Target Completion Date: March 2000
Centralized/Consolidated Dumpsters and Revetments
Select one block in the Fry Street area and prepare agreement with property owner to
relocate and consolidate dumpsters, design revetment specifications, develop revetment
design, identify all associated costs and request for proposals to contract the revetment
construction.
Target Completion Date: May 2000
Downtown University Core District (DUCD) Plan
Public Input and Plan Development
Collect data, develop more intensive sub-district profiles and conduct formal meetings
with area stakeholders to survey and prioritize issues and goals.
Target Start and Completion Date: March 2000 through August 2000
DUCD Sub-District Small Area Plans
Prioritize and submit to Council a list of potential sub-districts for small area planning
consideration. Initiate small area planning efforts for the fourteen "sub-districts"
identified within the Downtown University Core District.
Target Start Date: June 2001
DUCD Small Area Plan Priorities:
1. Sub-District 1: Downtown Square. The Downtown "core,"
which includes the Square is the major center for culture,
entertainment and recreation in the community and region. The
growth of new commercial centers in the community and region
threaten the prominence of Downtown retailing.
2. Sub-District 2: South Elm-Locust Corridor and Carroll
Boulevard (East). Addressing the aesthetics and traffic access on
the Elm-Locust corridor is of immediate concern.
3. Sub-District 5:Fort Worth Drive Corridor. Ft. Worth Drive is a
major entranceway/corridor into the heart of Downtown Denton.
Its appearance influences impressions of Denton's local and
regional image.
4. Sub-Districts 7: University of North Texas
Sub-District 13: Texas Woman's University. These two
Universities are within a few blocks of the retail core of the
Downtown area. With their combined student population and
employees, these two universities provide a market to the
Downtown University Core District area. There is a strong need
to address student housing, recreational and cultural facilities,
and access and linkages to the Downtown.
1999 Annual Report - Small Area Planning Program 7
Southeast Denton Small Area Plan
Proiect Initiation and Baseline Analysis
Survey planning area, conduct preliminary meeting with SEDNA, NICE and area
stakeholders to gather information on area boundary, issues and concerns.
Target Start Date: late January 2000 through April 2000
Public Input and Plan Development
Conduct formal meetings and round table discussions with area stakeholders to
prioritize strengths, weaknesses, opportunities and threats. Develop long and short-term
goals and vision for the area.
Target Start Date: June 2000 through December 2000
Denia Neighborhood Plan
Preliminary Project Initiation
Develop an interim action plan to resolve issues on a site-specific basis
Target Completion Date: early to mid February 2000
Project Initiation and Baseline Analysis
Reassess the need for a Denia Small Area Plan following the completion of the
Development Code.
Target Assessment Date: November/December 2000
Target Start Date: March 2001
1999 Annual Report - Small Area Planning Program
^ SOLtrrIoN ^ AR A
WHEREAS, the City of Denton is fommlating a new comprehensiveplan to be adopted
-bY the City .Council; and ·
· .WHEREAs, the. Sffiali Area Planninl~..Progr .m'q...w. ill a. ddreS.s Sp. eCific areas in~r_e, ater detail
than In the comprehensive plan bY provm~nl agamon.a!.anaiysls, r. ecommen, aa. uons, and
implementation guidelines for specific areas in l~enton ano me extratemtorial junsciiction; and
WHEREAS, residents, business owners and oth.er stakeholders in the specific area will
assist in developing land use, transportation, and public unprovements needs for their area; and
WHEREAS, a small area planning doc.um, ent or deve. lopment guide, will be cre.a, ted for
each area to nrovide direction on long-term anti snort-te,m planking issues for the specific area
while demon'~trating consistency with the comprehensive plan; and
e all Area Plarmin Pro ram is an interdisciplinary a roach to
WHEREAS, th Sm . g.
nlannine relying on and requiring the cooperation oran ~lty or o.,enton aepartments anti other
governmental entities and t~e approval of the Denton C, ty Council; and
WHEREAS, annually, the Pla~n~ng ~d D..~velop.m. en.t~.D~p .a-,~. ent will sub.mit t.o the .City
Council the Small Area PDnrttng .Program ana.wm pro. viae mIo.rmau..on on. curren~.ana previous
small area. plans, the .Status of unplementat~on pr.ojects, ana anst ot potential areas for
consideration and priontization for the next'year; ana
WHEREAS,' the planning dep.a,_,~nt~,r,e~o~F~l~,tha' small area plans be develoPed for
the Fry Stree~ and Downtown areaS; n~ lnl~r~.c~"~ ,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVe:
Section I. That the Denton City Council adopts the Small Area Pl~n~ Program and
authorizes the initiation of small area pl_,,s for the Fry Street and Downtown areas.
Section II. That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED on this the -- day of_
,1998.
ATTEST:
~IENNIFER WALTERS, CITY SECRETARY
APPROVED ,4S TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
ATTACHMENT 3
SMALL AREA PLANNIN
ORZENTAT ON
INTRODUCTION
What is small area planning?
Small area planning simply stated is neighborhood planning. Neighborhood planning is an
opportunity for citizens to shape the type of neighborhood they would like to live in and
their overall quality of life. The neighborhood planning process involves citizens, local
stakeholders, city departments, community organizations and institutions working
together to address land use planning and service delivery issues. The goal of the small
area planning program is to promote mutual responsibility and joint problem solving.
A neighborhood plan:
· Represents all of the groups that make a community;
· Identifies neighborhood strengths and assets;
· Identifies neighborhood needs and concerns;
· Establishes goals for improving the neighborhood;
· Provides recommendations for how to reach those goals;
· ~uides future development; and
· Directs the policy and financial decisions of local government.
How will a plan help a neighborhood?
Neighborhood plans adopted by the Denton City Council will provide direction to the
various city departments that provide services to a community. Neighborhood planning
provides an opportunity for concerned residents and the various neighborhood interests
to come together to address short and long range planning issues. There are many
advantages to working together on a plan. Collaboration demonstrates to the community
at large and the City that the target community has the desire and initiative to develop
and carry forward the goals for an improved community. Tt also demonstrates that the
Cify i~ willin~ +o be a par~ricipafin~ partner and ~erve a~ a catalyst to drive the t~rget
community to action. A plan will further help the neighborhood in the following ways:
· Provides a vision and guidance for what the neighborhood interests want done;
l0
· Provides direction to the City regarding programs, services, and capital
improvements appropriate for the community; and
· Allows business interests to know what businesses are needed and what development
will be encouraged.
What is the City Team role?
The role of staff in preparing a neighborhood plan is one of technical support. City
staff will assist by providing some of the following:
· Demographic, Land Use and Zoning Data;
· Research and Analysis;
· Mapping;
· Field Dote
· Coordination with other deportment and city services;
· Tools to identify, clarify and prioritize issues; and
· Methods to determining goals, objectives and action plans.
In this capacity, City staff will provide valuable research in the development of the
small area plan, expertise and knowledge related to specific issues and serve as an
immediate point of contact for the neighborhood.
TEAM MEMBER DON'Ts
· Tell the target neighborhood how their community should be planned
· Tell the target neighborhood what we as the City cannot and will not do
· Tell the target neighborhood that the City is not in the business of "giving away"
service
· Bash or "nay-say" stakeholder solutions without providing alternatives
TEAM MEMBER he's
· Provide alternatives and recommendations that improve the City's coordination of
services to the neighborhood
· Change and challenge traditional ways of providing service delivery
· Keep an open mind
· Respect ideas and opinions of stakeholders and peers
· Convey a unified"front"
What is the Neighborhood's role?
The vision and leadership for neighborhood planning must come from the community.
Plans are best implemented when a community can claim ownership in the proposed
initiatives. Neighborhoods working on a plan will be expected to take a leadership role in
the following:
· Boundary Determination;
· Organizing Community Leaders
· Citizen Communication
· Participating in a Public-Private Partnership to Achieve Plan Objectives
· Determining Needs and Assets; and
· Leading in Developing a N~ethod for Plan ;[mplementation
II.
GETTING STARTED
;Ideally, the neighborhood stakeholders should be responsible for writing a plan for
their neighborhood. All interest groups affected by the plan should have the chance to
help write the plan. The idea is to have neighborhood plans developed by the
neighborhood by involving the people who: live in the neighborhood, own property in the
neighborhood, own businesses in the neighborhood, and the major institutions in the
neighborhood such as churches and schools. Unfortunately, many neighborhoods do not
have an organized group of individuals who can take on this responsibility, oversee tasks
so that recommendations and strategies are implemented or have the technical
resources and expertise needed to put together an effective and organized plan of
action. The City Team will have to serve in this capacity at times, while allowing the
stakeholders to maintain ownership in the plan.
Work Plan and Schedule
The work plan should be the document that establishes the activities that will need to
take place in order to complete the plan. This document should be developed by both
staff and stakeholders and will, in all likelihood, be revised on a number of occasions as
the level of involvement in the small area planning process increases.
Defining Boundaries
Planning area boundaries, in most cases, should be selected by the neighborhoods within
the proposed planning area. Planning areas need to reflect common interests,
geographic features and shared services. In some cases, it will be necessary for staff
to determine preliminary boundaries as a point of reference.
III.
FINDING OUT ABOUT THE
NEIGHBORHOOD
Identifying Issues
Neighborhood stakeholders will need to determine what are the important issues and
prioritize those issues through a series of meetings, workshops, surveys and a SWOT
(Strengths, Weaknesses, Opportunities, and Threats) analysis. The team will be
responsible for providing the necessary research, assistance and facilitating of these
different methods to identify critical issues.
Zdent/£F/n9 Strengths and 14/ea/~ness
Strengths and weaknesses are qualities of the neighborhood itself. The stakeholders
must be responsible for identifying these qualities and prioritizing them.
_rdenti£y/n9 Opportun/t/es and Threats
Opportunities and threats refer to activities that could affect the neighborhood, for
better or worse. 5oma activities can be both opportunities and threats. The
neighborhood might benefit from revitalization and economic development after the
construction of a project. However, some might see the same project as a threat if the
development changes the character of the neighborhood or displaces long-time
residents. Staff and stakeholders must be sensitive and aware of these types of issues.
Neighborhood Vv'o~l<shops
Neighborhood Workshops provide an opportunity for the neighborhood at large to help
identify issues and solutions. These workshops should take place early in the process to
introduce neighborhood planning and then later to identify issues, goals and solutions.
The workshops should also include presentations by City Team Representatives to
explain what each representative does, how he or she might be involved and able to help
the neighborhood and to serve as a front line point of reference for questions and
concerns that may arise throughout the planning process.
13
Neighborhood Surveys
Interviewing residents is an important way of gauging the pulse of the neighborhood.
Surveying includes:
· boor to boor
· Mail-out
· Telephone
· 5ingle point of contact
Other -Tssues -Tdent/£/cation Tools
· Top $ or 5 issues - A workshop exercise asking participants to list the top 3 or 5
issues that ore most important to them and categorizing them according to planning
topic. Once these issues have been identified, develop a way to get the participants
to vote on them and then ranking them.
· Photographs - Ask neighborhood stakeholders and interests to participate in a
camera exercise where photographs ore taken of neighborhood strengths,
weaknesses, opportunities and threats supporting the SWOT analysis indicated
above. Each picture taken is documented on a sheet of paper which indicates where
the photograph is; location, date, day and time of day; a brief explanation describing
why it is a strength, weakness or opportunity, and a brief explanation proposing how
the photographed condition could be improved.
· Video - Another way to document strengths, weaknesses and opportunities is through
the use of a camcorder. The resulting video can be narrated to emphasize important
neighborhood issues. The video is useful to view with the stakeholders, City Council
and other boards and commissions.
Collecting and Analyzing Znformation
Collecting, analyzing and compiling information on the neighborhood is an important part
of the neighborhood planning process. Team members will be asked to toke the lead and
responsibility for this phase of the process.
]:V. WR]:T'J:N6 THE NE]:6HBORHOOD PLAN
The final content of the neighborhood plan will reflect the character and interest of
the neighborhood.
Specific Elements of the Plon
The Plan will include:
· Context of Neighborhood Planning (How the neighborhood fits into the City)
· Neighborhood History and Development
· Neighborhood Profile (Demographics)
· Description of Existing Conditions (Land Use, Zoning, Housing Condition, etc.)
· ]Issues and Concerns
· Vision of Desired .State (Goals and Objectives)
· Action Plan (Recommendations and ResourcesO
· ]implementation Strategy (Timelines and Accountability)
Plan Adoption
City Council will adopt the plan by resolution or by ordinance.
Plan iZmplementation
Once adopted, the action plan identified in the small area plan is the primary tool for
implementing the Neighborhood Plan. It lays out what will be done, when and by whom.
To be realistic, if the stakeholders and staff don't keep on top of the plan's
implementation strategy, over time, institutions and bureaucracies will become forgetful
and the document will collect dust on a shelf.
Once the plan has been adopted, ultimately it will be the stakeholders' responsibility to
ensure that the plan's strategies, goals and objectives are being met. The stakeholders
must hold themselves and City staff accountable for the plan's implementation.
RESOLUTION NO./~ 4~/-
A RESOLUTION ~OPT~G THE FRY ST~ET S~LL ~A PL~ FOR'
~COMME~ATION8 ~ IMPLEMENTATION ACTIO~SFOR
IMPROVEME~S; A~ PROVID~G ~ EFFECTIVE DATE.
ATTACHMENT 4
WHEREAS, the City of Denton is fommlating a new comprehensive plan to be adopted
by the City Council; and
WHEREAs, the Comprehensive ·Plan.will set a framework.for planning and strategy
development for the entire City of Denton, and a small area plan, throUgh the Small Area
Planning Program, will supplement the comprehensive plan with more detail necessary to guide
everyday community development decisions; and
WHEREAS, the City Council adopted the Small Area Planning Program and authorized
the initiation of a small area plan for the Fry Street Area on January 6, 1998; and
WHEREAS, the Fry Street Small Area Plan is the first in a series of specific community
plans to build on the work of the'comprehensive plan, which is currently under review; and
WHEREAS, through a review process with Fry Street area residents, business owners
and other area stakeholders, a framework of recommendations on future land use, transportation
and public improvements has been formulated to assist with ~t/~ure decision-making and ease-by-
case development of the Fry Street area; and
WHEREAS, the Fry Street planning area is identified as the area bounded by Welch
Street to the east, Oak Street to'the north, Avenue B to the northWest, Avenue A to the southwest
and Mulberry street to the south; and
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
Section I. That the Denton City Council adopts the Fry Street Small Area Plan and
its recommendations.
Section II.. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED on this the 15 dayof June , 1999.
JAC~_~[~LER,' MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTQ, RNEY
16
AGENDA INFORMATION SHEET
No.,
Agenda Item..
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 25th, 2000
Planning & Developmen~/
Dave Hill, 349-8314
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the draft interim residential and
nonresidential development standards ordinance.
BACKGROUND
The interim residential and nonresidential development were reviewed during City Council's January
11th work session. Continuing legal review of the ordinances indicated that further changes were
needed, and the schedules for adoption were delayed. A summary of changes is provided below:
Changes to the Residential Interim Regulations
1. Language was added throughout the ordinance to make it clear that the ordinance is a text
amendment to the City's existing codes.
This draft expands the applicability section to include all residential developments in the City.
Thus the exemption section had to be revised. The exemption section was revised to provide
for the following exemptions:
(a)
(b)
(c)
(d)
(e)
a residential development application that qualifies as a minor plat and does not
exceed 5 acres in size; P&Z requested an exemption for small developments.
an application for approval of a conveyance plat; It was believed that
subdivisions for the sole purpose of sale should be exempt.
a residential development application subject to and consistent with a residential
zoning application that was approved on or after April 7, 1998 and prior to the
effective date of this ordinance; The previous draft required project plans for
developments that received prior approval between May 1, 1997 and April 7,
1998. It is believed that it doesn't make much since to require a project plan for
that limited time period.
a non-residential portion of a Planned Development that is affected by this
ordinance;
a residential development within an agricultural zoning district;
a residential development application that either was approved or that was
accepted for filing prior to the effective date of this ordinance that shows either
the lot layout for single-family dwellings or the size of or building footprint for a
multi-family dwelling, or any subsequent application for that residential
development, provided that such application is subsequently approved and
further provided that the requirements for submission of a design plan shall
apply to all subsequent applications; or This was added to avoid individual
(g)
requests for relief from applicants making vesting claims. Note a design plan
section was added.
a residential zoning application pending on the zoning docket on the effective
date of this ordinance which was not subject to or was granted relief from the
residential moratorium ordinance, but only to the extent of approval of the
pending application. This was added due to the belief that council may want to
exempt pending applications.
A "Design Plan" requirement was added for residential developments considered to be partially
exempt. A partial exemption refers to applications approved or received prior to the effective
date of the interim ordinance that show single-family lot lay-out or multi-family building size
or footprints.
The May 1st, 1997 date was deleted from the draft ordinance. Several attempts to determine
equitable requirements for ordinance compliance for residential applications approved between
May 1 st, 1999 and April 7th, 1998 were complex and confusing. Staff believes that, if a date is
to be chosen as a cut-off, only one date should be used. The April 7th, 1998 date marks the
adoption of the Denton Plan Policies, and was selected due to stronger relationship to the
Comprehensive Plan and the interim ordinance.
Some definitions were revised. There is now a separate definition for residential zoning
application.
Approval procedures for zoning plans are the same as for zoning amendments. Approvals for
. project plans are made by City Council after courtesy notice as provided in the City Code.
Design plans are approved by P&Z, with right of appeal to City Council.
The current draft makes clear that both Chapter 34 (Subdivisions) and Chapter 35 (Zoning) are
being amended.
Changes to the Nonresidential Interim Regulations
No changes have been made to the Nonresidential Interim Regulations as drafted and reviewed on
January 11th, 2000. Minor changes may be made prior the February 8th, 2000 City Council / P&Z joint
public hearing.
OPTIONS
1. Accept the draft ordinances in their current form.
2. Make revisions to the ordinances as necessary.
RECOMMENDATION
Staff recommends adoption of the ordinances.
ESTIMATED PROJECT SCHEDULE
Residential Interim Regulations
January 25th, 2000 City Council work session
January 26th, 2000 P&Z recommendation
February 1st, 2000 City Council action
Nonresidential Interim Regulations
January 25th, 2000 City Council work session
January 26th, 2000
February 8th, 2000
February 9th, 2000
February 15th, 2000
P&Z work session
Joint City Council / P&Z public hearing
P&Z recommendation
City Council action
PRIOR ACTION/REVIEW
Residential Interim Regulations
November 9th, 1999
December 1 st, 1999
December 7th, 1999
December 7th, 1999
December 13th, 1999
December 14th, 1999
December 14th, 1999
December 15th, 1999
January 11th, 2000
Council instructions to draft the interim ordinance
P&Z work session briefing
Joint City Council / P&Z public hearing
City Council adoption of Residential Moratorium Ordinance 99-440
Staff meeting with developers
City Council work session review
City Council Residential Moratorium replacement, Ordinance 99-473
P&Z deliberations
City Council work session
Nonresidential Interim Regulations
December 14th, 1999 City Council work session review
December 14th, 1999 GR & C moratorium ordinance adopted by City Council
January 1 lth, 2000 City Council work session review
FISCAL INFORMATION
The draft ordinance will increase the cost of residential development, in terms of both development
review processing and actual construction. Until the new development code in ready for adoption, the
interim code provides a transition toward higher expectations of development quality as indicated in
the comprehensive plan.
ATTACHMENTS
1. Draft Ordinance: Residential Interim Regulations
2. Draft Ordinance: Nonresidential Interim Regulations
Respectfully~itte~
l~Hill
Assistant City Manager, Development Services
Approved zoning cases: May, 1997 through April 7, 1998
Case Request Location Date Ordinance
Number Approved Number
Z-97-004 Detail Plan PD-104, Hobson @ FM1830 05/06/97 97-121
Z-97-009 O to MF-1 923 N. Elm 05120197 97-141
Z-97-010 MF-1 to GR 215 E. University 05~20~97 97-140
Z-97-011 Detail Plan PD-35, Bent Creek Estates 07/15/97 97-205
Z-97-012 Ato LI East Shady Oaks 06/17/97 97-161
Z-97-013 Development Plan PD-162, Summit Oaks 06/17/97 97-162
Z-97-014 Ato LI/HI 31 acres along 1-35W 09/23/97 97-279
Z-97-016 Detail Plan PD-163, Wind River Amenity Ctr 07/15/97 97-195
Z-97-017 Detail Plan PD-161, Woodrow @ McKinney 07/09197 by P & Z
Z-97-018 SUP DISD Service Center @ Mayhill 08/15/97 97-209
Z-97-019 Detail Plan PD-12, Gateway Motors 12/16/97 97-368
Z-87-020 Detail Plan PD-90, Beverly Park 09/02/97 97-235
Z-97-021 Detail Plan PD-164, Sundown Amenity Ctr 09/23/97 97-280
Z-97-022 Detail Plan PD-42, RonJon Industrial Park 02/03~98 98-019
Z-97-024 SF-7 to MF-1 1301 Bernard Street 10/07/97 97-294
Z-97-025 Detail Plan PD-144, 1160 N. Bonnie Brae 12/02/97 97-340
Z-97-026 Detail Plan PD-165, Wal-mart gas station 02/17/98 98-038
Z-97-028 PD to LI Post Office site @ Colorado 02/03/98 98-018
Z-97-030 2F to C Parkway near Bolivar 01/06/98 98-007
Z-97-031 Detail Plan PD-162, Summit Oaks 01/07/98 by P & Z
Z-97-032 SF-10 to O Sundown Ranch along Teasley 02/03/98 98-017
Z-97-033 PD to MF-1 1228 Avenue A 03/17/98 98-075
Z-98-001 Ato O 110Woodrow 03/17/98 98-073
Z-98-003 Detail Plan PD-9, Fairoaks Elderly Housing 03/17/98 98-074
Z-98-004 Detail Plan PD-41, PebblebrookApts. 03/03/98 98-062
Z-98-006 Ato LI Baruch Property @ N. Hwy77 04/07/98 98-099
Z-98-008 C to MF 216 Maple Street 04/07/98 98-098
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS 34 AND
35 OF THE CITY OF DENTON CODE OF ORDINANCES;ESTABLISHING INTERIM
STANDARDS, REGULATIONS AND PROCEDURES FOR APPLYING POLICIES OF
THE ADOPTED COMPREHENSIVE PLAN TO RESIDENTIAL DEVELOPMENTS
PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR
ADMINISTRATION OF SUCH STANDARDS AND REGULATIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive
Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan;
and
WHEREAS, the City of Denton has enacted by Ordinance No. 99-440 a moratorium on
certain residential development applications pending the adoption of interim standards for residential
development; 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 is in the public interest that standards and regulations implementing the
Comprehensive Plan be applied to residential developments during the intervening time period; and
WHEREAS, it appears that substantial applications for approval of residential developments
are 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, Chapter 219 of the Texas Local Government Code authorizes municipalities
to enact regulations defining the consistency between comprehensive plan proposals and
development regulations; and
WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City
Council concerning the adoption of this ordinance was held on December 7, 1999; and
Page 1 of 28
WHEREAS, it is in the public interest that the City establish interim standards and
regulations to be applied to residential developments in the City as text amendments to the City's
development regulations; and
WHEREAS, the City is desirous of allowing property owners to proceed with development
applications for residential use pending the adoption of permanent revisions to the Land
Development Code, subject to interim standards that safeguard the health, safety and general welfare
of the community.
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS:
SECTION I. Interim Development Regulations.
The following provisions hereby are adopted as interim development regulations and text
amendments to Chapters 34 and 35 of the Code of Ordinances of the City of Denton, as hereinafter
stated, pending the adoption of permanent revisions to the City's Code of Ordinances that implement
the policies, goals and strategies contained in the adopted Comprehensive Plan concerning
residential land use, growth management, housing and provision of open space. Pending adoption
of such permanent revisions, these interim development regulations shall supersede conflicting
provisions of the City Code of Ordinances, including in particular and without limitation Chapter
34, Subdivisions, and Chapter 35, Zoning, and shall read as follows:
Section A. General Provisions
1. Intent and Purposes.
It is the intent and purpose of these regulations:
ao
to impose limitations and additional standards and regulations on residential
developments within city limits in order to render such standards and
regulations consistent with the policies, goals and strategies concerning
residential land use, and related growth management, housing and open space
objectives set forth in the newly adopted Comprehensive Plan, pending
adoption of revisions to Chapters 34 and 35 and other applicable provisions
of the City's Code of Ordinances (which changes hereinafter collectively are
referred to as the "Development Code") that implement such policies, goals
and strategies;
bo
to permit property owners to submit residential development applications
during such interim period, in order to receive preliminary or final approval
from the City for such projects, subject to limitations herein set forth; and
Page 2 of 28
to integrate these interim regulations as a text amendment to the City's
existing development regulations governing residential use during the
pendency of this ordinance.
do
to replace temporarily existing procedures for residential developments within
planned developments with new procedures that apply new standards for
approval of planned developments.
Applicability.
These interim regulations apply to all residential developments within the City of
Denton except as otherwise provided herein. All residential development
applications shall be processed, reviewed and decided in accordance with these
interim regulations except as otherwise provided herein.
Exemptions.
This ordinance does not apply to:
(a)
a residential development application that qualifies as a minor plat and does
not exceed 5 acres in size;
(b) an application for approval of a conveyance plat;
(c)
a residential development application subject to and consistent with a
residential zoning application that was approved on or after April 7, 1998 and
prior to the effective date of this ordinance;
(d)
a non-residential portion of a Planned Development that is affected by this
ordinance;
(e) a residential development within an agricultural zoning district;
(f)
a residential development application that either was approved or that was
accepted for filing prior to the effective date of this ordinance that shows
either the lot layout for single-family dwellings or the size of or building
footprint for a multi-family dwelling, or any subsequent application for that
residential development, provided that such application is subsequently
approved and further provided that the requirements for submission of a
design plan shall apply to all subsequent applications; or
(g)
a residential zoning application pending on the zoning docket on the effective
date of this ordinance which was not subject to or was granted relief from the
Page 3 of 28
residential moratorium ordinance, but only to the extent of approval of the
pending application.
Duration.
These interim regulations shall remain in effect until such time as the City enacts its
Development Code to implement the policies, goals and strategies concerning
residential land use, and related growth management, housing and open space
objectives set forth in the newly adopted Comprehensive Plan.
Effect on Other Regulations.
It is the intent of this ordinance that the standards set forth herein supercede any
conflicting standards under existing development regulations that apply to the
development application. It is the further intent of this ordinance that provisions of
existing development regulations not in conflict with provisions of this ordinance
remain in effect and that such provisions apply with full force and effect to the
development authorized under this ordinance.
Section B. Definitions.
For purposes of this ordinance, the following terms are defined to mean:
Accepted for filing means the status of a residential development application following
submission and acceptance as complete by the Director of all application materials and
documents required by the City Code of Ordinances. In addition, a residential development
application shall not be considered accepted for filing if there is a required condition
precedent to the filing that has not been fulfilled.
Affordable Housing means housing that qualifies for the City of Denton Homebuyer
Assistance Program, as determined by the City of Denton Community Development
Division.
City means the City of Denton, Texas.
Community Activity Center means the area defined and described by such term in the City
of Denton Comprehensive Plan.
Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the
Code of Ordinances of the City.
Conveyance Plat means a minor plat as defined and provided for in Chapter 34 of the City's
Code of Ordinances.
Page 4 of 28
Density, gross, means the maximum number of dwelling units allowed under the zoning
classification per unit of land. Gross land area includes all the land within the boundaries
of the particular area, excluding nothing. (The Illustrated Book of Development Definitions,
CUPR, 1981) Gross density will be computed by dividing the maximum allowed number
of dwelling units by the total area within the project; rounded to the nearest tenth, using
standard rounding techniques.
Density transfer means the removal of the right to develop or build, expressed in dwelling
units per acre, from land on one portion of a subdivision, project or zoning district to another
portion ora subdivision, project or zoning district where such transfer is permitted.
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.
Downtown University Core District means the area defined and described by that term in the
City of Denton Comprehensive Plan.
DRC means the city's Development Review Committee.
Environmentally Sensitive Areas means a feature of the landscape in its natural condition
before any grading, excavation, filling or other man-made alteration, including but not
limited to, floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded
area, and topography that exceeds 7% slope. Such features generally are depicted on the City
of Denton Environmentally Sensitive Areas Map
Final plat means a final plat as defined in Section 34-11 and as provided for in Section 34-15
of the Code of Ordinances of the City.
Floodplain means the area designated as subject to flooding from the base flood (one-
hundred-year flood) on the flood insurance rate map. The floodplain includes the floodway.
Floodway means a river, channel or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. Normally, the floodway will include the
stream channel and that portion of the adjacent land areas required to pass the base flood
(one-hundred-year flood) discharge without cumulatively increasing the water surface
elevation any point more than one (1) foot above that of the pre-floodway condition,
including those designated on the flood insurance rate map.
Page 5 of 28
Floodway fringe means the area located within the floodplain and outside the floodway.
Minor Plat means a minor plat as defined and provided for in Chapter 34 of the City's Code
of Ordinances.
Multi-family dwelling means a building or portion thereof which is designed, built, rented,
leased, or let to be occupied as three (3) or more dwelling units or apartments or which is
occupied as a home or place of residence by three (3) or more families living in independent
dwelling units.
Neighborhood Center means the area defined and described by such term in the City of
Denton Comprehensive Plan.
One-family dwelling, attached or Single-family, attached means a dwelling which is joined
to another dwelling at one (1) or more sides by a party wall or abutting separate wall and
which is designed for occupancy by one (1) family and is located on a separate lot delineated
by front, side and rear lot lines.
One-family dwelling, detached or Single-family, detached means a dwelling designed and
constructed for occupancy by one (1) family and located on a lot or separate building tract
and having no physical connection to a building located on any other lot or tract and
occupied by one (1) family.
Open space means any parcel or area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open space.
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-t 8 of the Code of Ordinances of the City.
Property owner means an all inclusive term denoting the person with primary responsibility
toward the city to see that these development rules and regulations and the ordinances of the
city are complied with. The term includes person, firm, corporation, partnership or agent,
attorney-in-fact, manager or director, developer. Such term as used in this chapter always
includes one (1) or more of the persons enumerated in this section who own all or any part
of the land which is contemplated to be developed.
Qualified masonry product means brick, stone, stucco or masonry material that replicates
brick, stone or stucco.
Page 6 of 28
Regional Activity Center means the area defined and described by such term in the City of
Denton Comprehensive Plan.
Recreation facility means a place designed and equipped for the conduct of sports, leisure
time activities and other customary and usual recreational activities.~
Residential development means a project to establish a residential use,, including associated
structures and appurtenances, on real property located within the city limits of the City of
Denton, currently zoned for residential uses or for which a residential zoning application is
proposed and that requires approval of a residential development application prior to
development.
Residential development application means a request to establish a residential use on real
property located inside the city limits of Denton, including without limitation the following:
mo
a request to approve or amend a detailed plan in a Planned Development for
which a development plan previously has been approved;
a request to approve a general development plan, preliminary plat or final plat
application;
a request to approve a building permit for a structure designed to contain
multi-family dwellings; or
D. a residential zoning application.
Residential development application includes the application form and all accompanying
documents and exhibits required of the applicant by the City for development review
purposes.
Residential use means either a multi-family dwelling, two-family dwelling, one-family
dwelling, attached, or one-family dwelling, detached.
Residential zoning application means an application for zoning or rezoning for residential
use on real property located inside the city limits of Denton. Residential zoning application
includes the application form and all accompanying documents and exhibits required of the
applicant by the City for development review purposes.
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 and includes an application to
amend or approve a concept plan, development plan or detailed plan.
Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a
public right-of-way.
Page 7 of 28
Two-family dwelling means a single structure designed and constructed with two (2) living
units under a single roof for occupancy by two (2) families.
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 and includes the establishment of a planned development and approval of a concept
plan, development plan or detailed plan.
Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances
of the City.
Section C. Minimum Standards
The standards contained in this ordinance are minimum standards. These interim
development regulations are not intended to limit the discretion of the City Council to deny
a residential development application that achieves the minimum standards contained in this
section, or to condition the application based upon overall considerations of health, safety
and general welfare.
Section D. Amendments to Chapter 34
Chapter 34 of the City Code of Ordinances, Subdivision and Development Regulations,
hereby is amended to provide:
1. Zoning Plan And Proiect Plan Required
Notwithstanding any other provision of Chapter 34 of the Code of Ordinances to the
contrary, and except for exempt applications, no application for approval of a
general development plan, preliminary plat or final plat shall be accepted for filing
until a zoning plan and project plan have been approved for the residential
development designated in the plat application and any plat application that is not
consistent with the approved zoning plan or project plan will be denied. For
purposes of this section, the term "plat" includes "replat."
2. Design Plan Required.
Where only a design plan is required by this ordinance, no application for approval
of a general development plan, preliminary plat or final plat shall be approved until
the design plan has been approved for the residential development designated in the
application, and any plat application that is not consistent with the approved design
plan shall be denied. For purposes of this section, the term "plat" includes "replat."
Section E. Amendments to Chapter 35.
Page 8 of 28
Chapter 35 of the City Code of Ordinances, Zoning, hereby is amended to provide:
1. General Provisions.
The standards contained in this section E shall be applied to residential developments
through zoning plans, project plans or design plans, which must accompany or
precede residential zoning applications or residential development applications, in
accordance with the following:
a. Zoning Plans and Procedures.
(1)
Every non-exempt residential zoning application shall be
accompanied by a zoning plan.
(a)
If the residential zoning application is to amend an
existing concept plan, development plan, detailed
plan, or comprehensive site plan in an existing
Planned Development, the zoning plan shall be in lieu
of such application. The approved zoning plan shall
thereafter supercede any prior approval of such plans
within the Planned Development.
(b)
If the residential zoning application is to establish a
new residential zoning district, including a Planned
Development, the approved zoning plan shall become
a part of the zoning for the district. In the case of a
Planned Development, the zoning plan shall be in lieu
of a concept plan for the Planned Development.
(2)
No non-exempt residential development application shall be
approved until a zoning plan has been approved for the land
described in the application. The approved zoning plan
thereafter shall become a part of the regulations for the
residential district in which the property is located, and
supercedes any inconsistent provisions of district regulations.
(3)
Zoning plans shall be processed and decided in accordance
with the procedures governing zoning amendments in section
35-7 of the City Code of Ordinances. The City Council may
impose on zoning plans such conditions as are necessary to
assure that the standards governing zoning plans and the
purposes of these interim regulation are met.
Page 9 of 28
Co
(4)
The property owner may elect to reserve portions of the
property for future residential development for development
approval after the adoption of the City's Development Code.
Such tracts shall be clearly indicated on the zoning plan.
The City Council also may modify or condition zoning plan
approval on the reservation of portions of the proposed
development until the City has adopted the Development
Code that implements the policies, goals and strategies
concerning residential land use, and related growth
management, housing and open space objectives set forth in
the newly adopted Comprehensive Plan.
Project Plans and Procedures.
(1)
No residential development application for land subject to an
approved zoning plan shall be approved until a project plan
has been approved for the land described in the application
that is consistent with the approved zoning plan. If changes
are proposed to the approved zoning plan, the amendments to
the zoning must be approved applying standards applicable to
zoning plans and using procedures for approving zoning
plans.
(2)
Project plans shall be reviewed and decided by the City
Council following public hearing and notice to property
owners in accordance with the City's Courtesy Notice
procedures. The Council may impose on project plans such
conditions as are necessary to assure that the standards
governing project plans and the purposes of these interim
regulation are met.
Design Plans and Procedures.
(1)
Every residential development partially exempt under Section
A.3(f) shall require an approved design plan. The design
plan shall be approved prior to approval of a building permit
for multi-family and prior to approval of a final plat for single
family.
(2)
The design plan shall be reviewed and decided by the
Planning and Zoning Commission, subject to appeal to the
City Council.
Criteria
Page 10 of 28
The City Council or the Planning and Zoning Commission, as the
case may be, shall determine whether to approve, approve
conditionally or deny the application for approval of a zoning plan,
project plan or design plan in accordance with the standards in these
interim development regulations and with the City's Comprehensive
Plan, pursuant to the discretion vested by state law or city charter.
Zoning Plans.
a. An application for approval of a zoning plan shall contain the following:
(1) Project name, vicinity map, scale, north arrow, and date.
(2) A general layout of the development, showing the general
configuration and location of proposed land uses for the property to
be developed for residential land use and any contiguous property in
unified ownership.
(3) A computation of residential density for each type of residential use,
consistent with standards set forth in this ordinance.
(4) Any reservations or dedications proposed.
(5) Location of all Environmentally Sensitive Areas, including any field
inspection information that provides more detail for clarification
purposes, and an indication of any planned mitigation to changes to
natural features.
(6) All open space to be preserved, together with intended density
transfers, consistent with standards set forth in this ordinance.
(7) All recreation facilities proposed, consistent with standards set forth
in this ordinance.
(8) In the case of single family and two family development, the proposed
range of lot sizes and the numbers of lots within each proposed
category.
(9) A summary of proposed design elements, if any.
(10) An assessment of public facilities, demonstrating the adequacy of or
provision for public facilities serving the proposed development.
(11) Proposed compatibility measures to be incorporated into the project
design, including adjacent density, building materials, garage
standards, or buffering and screening from adjacent uses.
(12) Zoning designations adjacent to the proposed development.
(13) The proposed method, connection, provider, and location of:
(a) The proposed water system.
(b) The proposed wastewater system.
(c) The proposed method of drainage of the property.
(d) The proposed method of erosion and sedimentation control.
Page 11 of 28
(15) Location of drainage ways, environmental buffer zones, or public
utility easements in and adjacent to the proposed development.
(16) Location and size of existing utilities along or within any easement.
(17) Limits of 100-year floodplain and floodway.
(18) A Traffic Impact Analysis shall be required for any proposed site
development that can be reasonably expected to generate more than
1,000 vehicle trip ends during a single day and/or more than 100
vehicle trip ends during a single hour.
(19) Drainage Study.
(20) Water and Wastewater Demand Calculations.
(21) Location of existing utilities.
(22) Any other information deemed necessary by the Director to analyze
the project.
Standards Applicable to Zoning Plans
(1) Nature of Standards
The standards contained in this section are minimum
standards. These interim development regulations are not
intended to limit the discretion of the City Council to deny an
application for zoning plan that achieves the minimum
standards contained in this section, or to condition the
application based upon overall considerations of health, safety
and general welfare.
(2) Density Consideration
In considering the approval of a zoning plan the City Council
may consider the current zoning of the subject property, the
densities recommended by the Comprehensive Plan, the base
densities, density criteria, density transfers and density
increases set forth in this ordinance and overall considerations
of health, safety and general welfare.
Base Density
Except as otherwise provided in this ordinance, no residential
development shall have a gross density that exceeds the "base"
residential density standards set forth below. The actual number of
dwelling units allowed may be less than the maximum theoretically
allowed for the residential development under base density, based
upon overall considerations of health, safety and the general welfare.
Further, all other density limitations contained in the City's adopted
Page 12 of 28
do
eo
zoning district regulations apply to residential developments.
(1) For single-family developments, three (3) dwelling units per
gross acre.
(2) For multi-family or single-family attached developments, eight
(8) dwelling units per gross acre.
Additional Density Criteria
The following additional density criteria may be considered in
evaluating a zoning plan:
(1) For multi-family developments within:
(a)
If requested by the applicant, an appropriate density
for Community Activity Centers may be fourteen (14)
units per gross acre.
(b)
If requested by the applicant, an appropriate density
for Regional Activity Centers and the Downtown
University Core District may be twenty (20) units per
gross acre.
(c)
Multi-family Concentrations. The size of multi-family
concentrations in Neighborhood Centers shall vary
from 100 to 200 dwelling units in one location
depending on access to a specific category of
thoroughfares.
i
ii
iii
Direct access to freeway - 200 units.
Direct access to primary or secondary arterial
- 150 units.
Direct access to collector street - 100 units.
Multi-family concentrations shall be located at least ½
mile from the nearest multi-family concentration.
Density Transfer
Residential density may be transferred from environmentally
sensitive areas, provided that such areas are dedicated to the public or
separately platted as common areas for usable open space. Maximum
density transfer shall be computed according to the following rules:
Page 13 of 28
(1) Base residential density shall be expressed as gross density.
(2)
The base residential density shall be separately computed for
each residential tract and for each residential comprehensive
plan category included within the site, exclusive of floodplain
areas.
(3)
For environmentally sensitive areas, gross density shall be
assigned according to the following rules:
(a)
a density of zero, if no density is proposed to be
transferred; or the area is required to be dedicated in
order to meet the requirements of the City's park
dedication ordinance;
(b)
a density of fifty percent (50%) of the base residential
density for environmentally sensitive areas for which
density is proposed to be transferred;
(c)
a density of 0 dwelling units per gross acre for
floodway areas.
f. Requirements for Increased Density.
(1) General Criteria
An increase in base residential density may be authorized by
the City Council if, based upon the zoning plan, the proposed
residential development provides amenities that:
(a)
mitigate the impacts of residential densities greater
than that of the base residential density;
(b) provide superior project design;
(c)
increase project open space, pursuant to criteria
covered in this ordinance;
(d)
enhance the quality and usability of open space for the
project and preservation of natural features
preservation within the project;
(e)
benefit the community as a whole, in addition to
benefiting the residents of the development;
Page 14 of 28
(2) Maximum Densities
(3)
Density increases may be awarded based upon the criteria
contained in this section: However, gross density shall not
exceed:
(a)
For single-family developments, four and one-half
(4.5) dwelling units per gross acre.
(b)
For multi-family, single-family attached, or single-
family attached developments located in MF districts
within;
Existing Neighborhoods and Neighborhood
Centers, twelve (12) dwelling units per gross
acre.
ii.
Community Mixed Use Centers, twenty (20)
dwelling units per gross acre.
iii.
Regional Mixed Use Centers and the
Downtown University Core District, thirty-six
(36) dwelling units per gross acre.
Specific Criteria for Increased Density
(a)
Open Space - A density increase not exceeding ten
(10) percent can be achieved by meeting the following
schedule:
The first one (1) percent increase in density
may be awarded if the project plan designates
five (5) percent of the project land area for
open space.
Subsequent one (1) percent increases in
density may be awarded for each additional
one (1) percent of designated open space.
(b)
Recreational Facilities - A density increase not
exceeding ten (10) percent can be achieved if a
proposed development qualifies for the maximum
credit offered by the park land dedication
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requirements of Article III, Chapter 22 of the Code of
Ordinances of the City.
(c)
School Site Dedication - A density increase not
exceeding ten (10) percent can be achieved through
the dedication of a School District approved site.
(d)
Housing Affordabilit¥ - A density increase not
exceeding ten (10) percent can be achieved with a
.project having a minimum of 50% of all dwelling
units eligible to participate in home ownership
programs offered by the City of Denton.
(e)
Design Features - For every three of the following
design features listed below, an increase in density of
0.1 units per acre may be awarded. These design
features, if used, must be indicated on the Zoning
Plan. Such a density increase may be conditionally
approved subject to a more detailed depiction on a
project plan. Where a particular design feature
pertains to a standard that already is required to some
degree for base density approval, increased density
will be considered only to the degree that the
proposed amenity exceeds such requirements.
(i)
Roadway connectivity to adjacent
development - one street connection for each
650 linear feet of adjacency.
(ii)
Street trees ~ One (1) street tree per 50 linear
feet of lot boundary adjacent to a street.
(iii)
Variety of lot sizes - At least twenty (20)
percent of residential lots within the project
must be less than eighty (80) percent of the
average lot size. At least twenty (20) percent
of the residential lots within the project must
be greater than one hundred twenty (120)
percent of the average lot size.
(iv)
Hike and bike trails - Hike and bike trail
independent from sidewalks is provided that
connects public facilities or dedicated flood
plain areas.
Page 16 of 28
(g)
(v)
Common parking areas ~ Parking areas are
provided within the right of way in other than
parallel parking form subject to approval of an
appropriate design.
(vi)
Traffic calming devices - Approved traffic
calming devices are incorporated into the
street patterns.
(vii)
Fences - Along an arterial or collector street,
fencing is constructed of qualified masonry
products, incorporates such design features as
accent columns, articulation, or caps. Along
an arterial and collector street, openings in
fences to provide visual entry into the project
area and the use of berms if appropriate.
(viii)
Landscaped area or art - Landscaped features
such as fountains, gardens, or other features
that enhance the project. Art such as
monuments or other sculptural objects that
enhance the project may also be considered.
Such elements must be visible and accessible
to the public.
(ix) Transit facilities - the provision of bus turn-
outs and covered seating areas for bus riders.
Compatibility Standards
(1)
Zoning plans must demonstrate that the
proposed development is compatible with the
existing and planned adjoining uses and the
character of the neighborhood in which the
project is located. Specifically the following
standards should be incorporated into Zoning
plans.
(a)
Density. The density of the developed
area of the project within 500 feet of
adjacent residential development
should not exceed the average gross
density of the adjacent residential
Page 17 of 28
development within 500 feet of the
project boundary. This provision
should not reduce project density
below the base density.
(b)
Masonry. If the majority of dwelling
traits within 500 feet of the boundary
of the project have at least 50% of all
elevations (excluding windows and
doors) comprised of qualified masonry
products, then all dwellings within the
project should have elevations
comprised of no less than 75%
qualified masonry products.
(c)
Garage Spaces. If the majority of
dwelling units within 500 feet of the
boundary of the project have at least
two enclosed parking spaces (garage
spaces), then all dwellings within the
project should have at least two
enclosed parking spaces.
(2)
Landscaping and screening shall be used to
ensure compatibility with adjoining uses
according to the following standards:
(a)
For existing uses adjacent to proposed
single-family residential development:
Existing multi-family and single
family attached uses shall be screened
with the following attributes:
(i) Minimum bufferyard width of
10 feet;
(ii) Minimum number of canopy
trees equal to 1 per 25 linear
feet of bufferyard; and
(iii) Minimum number of
understory trees equal to 1 for
each canopy tree.
Page 18 of 28
(b)
For existing uses adjacent to proposed
single-family (detached) or multi-
family or single-family (attached)
residential development:
Existing non-residential uses other
than Industrial or manufacturing uses
shall be screened with the following
attributes:
(i) Minimum bufferyard width of
15 feet;
(ii) Minimum number of canopy
trees equal to 1 per 20 linear
feet of bufferyard; and
(iii) Minimum number of
understory trees equal to 1½
for each canopy tree.
Existing industrial or manufacturing
uses shall be screened with the
following attributes:
(i) Minimum bufferyard width of
20 feet:
(ii) Minimum number of canopy
trees equal to 1 per 15 linear
feet of bufferyard; and
(iii) Minimum number of
understory trees equal to 2 for
each canopy tree.
(g) Adequate Public Facilities
(1)
The land proposed for development must be
served adequately by essential public facilities
and services. No development application
subject to these interim development
regulations may be approved unless and until
adequate public facilities exist or provision
has been made for water facilities, wastewater
facilities, drainage facilities and transportation
facilities which are necessary to serve the
development proposed, whether or not such
Page 19 of 28
3. Project Plans
facilities are to be located within the property
being developed or offsite.
(2)
Proposed public improvements shall conform
to and be properly related to the City's
subdivision regulations, applicable master
plans and capital improvement plans.
(3)
The City may require the phasing of
development or improvements in order to
maintain current levels of service for existing
public services and facilities or for other
reasons based upon maintaining the health,
safety and general welfare.
a. Proiect Plan Requirements.
A project plan shall contain the following:
(1) All of the information contained in a zoning plan.
(2) All amenities and design features for which a density increase
has been approved or conditionally approved in the zoning
plan.
(3) Street names and locations of all existing and proposed streets
within or on the boundary of the proposed development,
right-of-way, pavement widths, sidewalks, and bikeways.
(4) Lot layout with dimensions for all lot lines and lot area.
(5) Location and use of all proposed and existing buildings,
driveways, fences and structures within the proposed
development. Indicate which buildings are to remain and
which are to be removed.
(6) Density and area calculations:
(a)
(b)
(c)
The total area in the development.
The number of dwelling units in the development
(include multi-family units by the number of
bedrooms in each unit, e.g., ten (10) one-bedroom, 25
two-bedroom, etc).
Area and percentage of the total project area coverage
by:
i Structures.
Page 20 of 28
(7)
ii
nl
iv
v
vi
vii
Streets, roads, and alleys.
Sidewalks.
Recreation areas.
Landscaping.
The total area covered by tree canopy at
maturity of the trees.
Parking areas.
Location and size of all existing and proposed public utilities
in and adjacent to the proposed development with the
locations shown of:
(a) Water lines and diameters.
(b) Sewers, manholes and cleanouts.
(c) Storm drains and catch basins.
(d) Fire hydrants.
(e) Location and size of all public utility easements.
(8) Location, size, access, and screening of all dumpsters.
(9) Location, size and use of contemplated and existing public
areas within the proposed development. A topographic map
of the site at a two foot contour interval.
(10) Location of all parking areas and all parking spaces, ingress
and egress on the site, and on-site circulation.
(11) Use designations for all areas not covered by buildings,
parking, or landscaping.
(12) Locations of all significant landscape features including, but
not limited to, any existing healthy trees of a caliber greater
than six (6) inches, generally forested areas, and creeks,
wetlands, 100 year floodplains, or ponds existing on the site.
Indicate any planned mitigation to changes of a natural
feature.
(13) A landscape plan showing in detail the location, type, and size
of the proposed landscaping and plantings.
(14) The elevations, surface area in sq. ft., illumination type, height,
and construction (material and style), and locations of all
proposed signs for the development.
(15) The typical architectural elevations for all multi-family
buildings proposed on the property. All project plans shall
indicate the material, color, texture, windows, doors, and
other design features of proposed structures, including all
visible mechanical equipment, such as for heating and
cooling. Elevations shall be submitted drawn to scale of one
(1) inch equals ten (10) feet or greater.
Page 21 of 28
(16) Any other information deemed necessary to analyze the
project.
b. Proiect Plan Standards.
(1) Minimum Project Plan Standards
The following minimum standards of project design shall be
addressed in the project plan:
Open Space
(a)
Allocation of usable open space shall be made to each
phase of a proposed residential development,
according to the minimum open space requirements
established for the base density. In the event that
common open space is not to be provided
proportionally by phase, the property owner shall
execute a reservation of open space by grant of
easement or covenant in favor of the City, authorizing
the City to dedicate all or a portion of such reserved
area to common open space in the event that the
development is not completed.
(b)
The design and improvement of open space shall be in
accordance with the following standards:
(i)
Open space areas shall be linked to existing
and planned public open space areas to
provide an overall open space system for the
City consistent with the City's open space
plans.
(ii)
Open space areas shall be arranged so as to
maximize access and utilization by residents
of the planned residential development
project.
(iii)
Where open space improvements are to be
provided, active recreation facilities shall be
installed. A safe, secure and barrier-free
system of walking or equestrian trails, paths,
bikeways, and/or walkways shall be designed.
The system shall link residences with
Page 22 of 28
recreation areas, schools, commercial areas
and public facilities.
(c)
All multi-family developments over 25 units must
provide a minimum of fifteen (15) percent open, space.
(d)
Recreational Facilities - All developments of 5 or more
dwelling units must provide park land or fees in lieu
of land according Article III, Chapter 22 of the Code
of Ordinances of the City.
(e)
Underground Utilities - All developments must
provide for underground utility installation, excepting
electrical main sub-station feeders.
(f)
Interconnected streets - all streets must connect to
other streets at both ends, or provide for the future
connection when adjacent to undeveloped property.
(g)
Garage door orientation and setbacks - 40 percent of
all garage doors may not face the street. Garage doors
of detached garages built in the rear yard of the
primary structure and those on a comer lot that face a
secondary street are excluded. No more than three (3)
consecutive dwelling elevations may have garage
doors in the same plane (orientation and setback). Of
those garage doors that face the street, at least sixty
(60) percent must have setbacks of at least four (4)
feet behind the primary front wall of the dwelling.
(2) Lot Size
(a)
The standard minimum lot size for single-family
detached dwellings at base density without density
transfers or increases shall be 10,000 square feet.
(b)
With density transfers from Environmentally Sensitive
Areas, base density may be converted to a mix of
single-family residential lot sizes, with an average lot
size of 6,000 square feet subject to compliance with
other development standards contained in these
interim regulations.
Page 23 of 28
4. Design Plan
(c)
With density transfers from Environmentally Sensitive
Areas and density increases, base density may be
converted to a mix of single-family residential lot
sizes, with an average lot size of 5,000 square feet
subject to compliance with other development
standards contained in these interim regulations.
Design Plan Requirements.
a. A design plan shall contain the following:
(1) Street names and locations of all existing and proposed streets
within or on the boundary of the proposed development,
right-of-way, pavement widths, sidewalks, and bikeways.
(2) Lot layout with dimensions for all lot lines and lot area.
(3) Location and use of all proposed and existing buildings,
driveways, fences and structures within the proposed
development. Indicate which buildings are to remain and
which are to be removed.
(4) Density and area calculations:
(a) The total area in the development.
(b) The number of dwelling units in the development
(include multi-family units by the number of
bedrooms in each unit, e.g., ten (10) one-bedroom, 25
two-bedroom, etc).
(c) Area and percentage of the total project area coverage
by:
i
ii
iii
iv
V
vi
vii
Structures.
Streets, roads, and alleys.
Sidewalks.
Recreation areas.
Landscaping.
The total area covered by tree canopy at
maturity of the trees.
Parking areas.
(5)
Location and size of all existing and proposed public utilities
in and adjacent to the proposed development with the
locations shown off
Page 24 of 28
(a) Water lines and diameters.
(b) Sewers, manholes and cleanouts.
(c) Storm drains and catch basins.
(d) Fire hydrants.
(e) Location and size ofall public utility easements.
(6) Location, size, access, and screening of all dumpsters.
(7) Location, size and use of contemplated and existing public
areas within the proposed development.
(8) A topographic map of the site at a two foot contour interval.
(9) Location of all parking areas and all parking spaces, ingress
and egress on the site, and on-site circulation.
(10) Use designations for all areas not covered by buildings,
parking, or landscaping.
(11) Locations of all significant landscape features including, but
not limited to, any existing healthy trees of a caliber greater
than six (6) inches, generally forested areas, and creeks,
wetlands, 100 year floodplains, or ponds existing on the site.
Indicate any planned mitigation to changes of a natural
feature.
(12) A landscape plan showing in detail the location, type, and size
of the proposed landscaping and plantings.
(13) The elevations, surface area in sq. ft., illumination type, height,
and construction (material and style), and locations of all
proposed signs for the development.
(14) The typical architectural elevations for all multi-family
buildings proposed on the property. All project plans shall
indicate the material, color, texture, windows, doors, and
other design features of proposed structures, including all
visible mechanical equipment, such as for heating and
cooling. Elevations shall be submitted drawn to scale of one
(1) inch equals ten (10) feet or greater.
(15) Any other information deemed necessary to analyze the
project.
Section F.
Relief Procedures
The applicant may petition the City Council for relief from these
interim development regulations 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
Page 25 of 28
o
imposition of the residential density limitations or other development
standards 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 residential density limitations
or other development standards contained in these interim
development regulations, in the absence of permanent
revisions to the City's Land Development Code that
implement the provisions of the comprehensive plan
jeopardizes the City's best interests in preventing such
effects;
(b)
the suitability of the proposed residential uses in light of land
uses allowed in the zoning districts on property adjacent to
the proposed site;
(c)
the impact of the proposed residential 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 City's Development
Code;
(f)
the total expenditures made in connection with the proposed
residential 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
The City Council may take the following actions:
(a) deny the relief request;
Page 26 of 28
o
(b) grant the relief request; or
(c)
grant the relief request subject to conditions consistent with
the criteria set forth in this section.
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 II. ENVIRONMENTALLY SENSITIVE AREAS MAP
The Environmentally Sensitive Areas Map, attached hereto to as Exhibit A, is hereby incorporated
into this ordinance, and shall be used to assist in the evaluation of zoning plans and project plans for
compliance with requirements pertaining to preservation of Environmentally Sensitive Areas.
SECTION III. 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 end the provisions of this ordinance are severable.
SECTION VI. RECISSION OF MORATORIUM
Ordinance 99-473, adopted by the City Council on December 14, 1999, shall be rescinded and
repealed in its entirety upon the effective date of this ordinance. Ordinance 99-440, adopted by the
City Council on December 7, 1999, and having been replaced by Ordinance 99-473, shall remain
rescinded and repealed.
SECTION V. SAVINGS CLAUSE.
Save and except provisions hereby amended or superseded, all remaining sections, sentences and
paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect.
SECTION VI. EFFECTIVE DATE.
This ordinance shall become effective upon the date of its passage and approval.
PASSED AND APPROVED this the day of ., 2000.
JACK MILLER, MAYOR
Page 27 of 28
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
Page 28 of 28
C:\WINDOWS\TEMP\INTERIM NONRESIDENTIAL STANDARDS. 1-:~0-00g2.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING
INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED
COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND
CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS
PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING
FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive Plan
for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the location
and intensity of retail and commercial land uses; 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 nonresidential developments are
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 of Denton has enacted Ordinance 99-474 and Ordinance 2000-017,
establishing and amending a moratorium pending the adoption of interim standards for applying the policies
of the comprehensive plan for certain specified commercial development applications; and
WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact
regulations defining the consistency between comprehensive plan proposals and development regulations;
and
WHEREAS, a joint public hearing between City Council and the Planning and Zoning Commission
was held on February 8, 2000; and
WHEREAS, the City is desirous of allowing property owners to proceed with development
applications for nonresidential uses pending the adoption of permanent revisions to the Land Development
Code, subject to interim standards that safeguard the health, safety and general welfare of the community;
and
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THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS:
Section I. Interim Development Regulations.
The following provisions hereby are incorporated as interim development standards pending the adoption
of permanent revisions to the City's Code of Ordinances that implement the policies, goals and strategies
contained in the adopted Comprehensive Plan concerning nonresidential land uses. Pending adoption of
such permanent revisions, these interim development regulations shall supersede conflicting provisions of
the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and
Chapter 35, Zoning, and shall read as follows:
SECTION A. GENERAL PROVISIONS
1. Intent and Purposes.
It is the intent and purpose of these regulations:
to facilitate proper and detailed evaluation of nonresidential zoning and rezoning
applications within city limits in order to render such applications consistent with the
policies, goals and strategies concerning land use, land use intensity, and related
growth management objectives set forth in the newly adopted Comprehensive Plan,
pending adoption of revisions to Chapters 34 and 35 and other applicable provisions
of the City's Code of Ordinances (which changes hereinafter collectively are referred
to as the "Development Code") that implement such policies, goals and strategies;
to facilitate proper and detailed evaluation of nonresidential preliminary and final plat
applications within city limits in order to render such applications, to the extent
allowed by law, consistent with the policies, goals and strategies concerning land use,
land use intensity, and related growth management objectives set forth in the newly
adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35
and other applicable provisions of the City's Code of Ordinances (which changes
hereinafter collectively are referred to as the "Development Code") that implement
such policies, goals and strategies;
Co
to permit property owners to submit applications for nonresidential development
during such interim period, in order to receive preliminary or final approval from the
City for such projects, subject to limitations herein set forth; and
do
to integrate the limitations and standards herein imposed with the City's existing
development regulations governing retail and commercial land uses during the
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pendency of this ordinance.
2. Applicability.
These interim regulations apply to the following types of nonresidential development
applications. Requirements of this ordinance vary according to the type of application
submitted for approval:
Standards for zoning plans and project plans apply to the following types of development
applications and must be satisfied prior to approval of such applications. Standards for
zoning plans and project plans apply to the following types of development applications.
Standards for zoning plans must be satisfied prior to approval of such applications.
Standards for project plans may be satisfied at the same time or may be deferred, with
City Council approval, for satisfaction at a later time, but no later than prior to or
contemporaneous with preliminary plat approval:
(1)
an application to amend the City's zoning map to a nonresidential zoning
district classification provided for in the existing City Code of Ordinances,
including a Planned Development District containing nonresidential land use
classifications;
(2)
an application to amend a Concept Plan or Development Plan containing
nonresidential land use classifications in an existing Planned Development
District,
(3)
an application to amend a Detailed Plan for nonresidential land use
classifications in an existing Planned Development District, where the
proposed changes to the detailed plan involve land use, lot size, lot
dimensions, lot coverage, or building size; or
(4)
an application to approve a zoning application proposing nonresidential land
use classifications accompanying an annexation agreement;
Standards for project plans apply to the following types of development applications
and must be satisfied prior to approval of such applications:
(1)
an application to approve a Detailed Plan for nonresidential land use
classifications in an existing Planned Development District, in which a
Concept Plan or Development Plan was approved for the property and which
does not propose changes to such Concept plan or Development plan;
(2)
an application to amend a Detailed Plan for nonresidential land use
classifications in an existing Planned Development District, in which a
Concept Plan or Development Plan was approved for the property and which
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does not propose changes that involve land use, lot size, lot dimensions, lot
coverage, or building size; or
(3)
an application to approve development on undeveloped land involving an
existing nonresidential zoning district; or
(4)
an application to replat land within an existing nonresidential zoning district,
that increases the intensity of proposed land uses, through increases in
building size, lot coverage, or traffic generation.
All new and pending nonresidential Planned Development Detailed Plan, preliminary
plat or final plat applications that are not required to submit a Zoning Plan as per
Section A.2.a., shall be evaluated for Comprehensive Plan Consistency, subject to
the standards and limitations as herein set forth.
Any application to amend a Concept Plan, Development Plan or Detailed Plan in a
Planned Development District(s) must include all contiguous, undeveloped land in
unified ownership within such District(s), and all such land is subject to the
requirements of this ordinance.
Exemptions.
This ordinance does not apply to:
a. any nonresidential development application accepted for filing prior to December 15,
1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on
or after April 7, 1998; or
b. any final plat that has been approved.
Duration.
This ordinance shall remain in effect until such time as the City enacts its Development
Code, as reflected in Section 1.2.a, to implement the policies, goals and strategies conceming
nonresidential land uses and related growth management objectives set forth in the newly
adopted Comprehensive Plan.
Effect on Other Regulations.
It is the intent of this ordinance that the standards set forth herein supercede any conflicting
standards under existing development regulations that apply to the development application.
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It is the further intent of this ordinance that provisions of existing development regulations
not in conflict with provisions of this ordinance remain in effect and that such provisions
apply with full force and effect to the development authorized under this ordinance.
SECTION B. DEFINITIONS.
For purposes of this ordinance, the following terms are defined to mean:
AccePted for filing means the status of a development application following submission and
acceptance as complete by the Director of all application materials and documents required by the
City Code of Ordinances. In addition, a development application shall not be considered accepted
for filing if there is a condition precedent to the filing that has not been fulfilled.
City means the City of Denton, Texas.
Communit~ Activity Center means the area defined and described in the City of Denton
Comprehensive Plan.
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 application means the application form and all accompanying documents and exhibits
required of the applicant by the City for development review purposes and includes any of the
following applications for nonresidential uses: zonings, rezonings, planned developments, concept
plans, detailed plans, development plans, preliminary and final plats.
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.
Downtown Universit~ Core District means the area defined and described in the City of Denton
Comprehensive Plan.
DRC means the city's Development Review Committee.
Environmentallg Sensitive Areas (ESAs) means a feature of the landscape in its natural condition
before any grading, excavation, ~qlllng or other man-made alteration, that is shown on the City o£
Denton Environmentally Sensitive Areas Map. These areas may include, but are not limited to,
floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and
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topography that exceeds 7% slope.
Finalplat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the
Code of Ordinances of the City.
Floodplain means the area designated as subject to flooding from the base flood (one-htmdred-year
flood) on the flood insurance rate map. The floodplain includes the floodway.
Floodway means a river, channel or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Normally, the floodway will include the stream channel
and that portion of the adjacent land areas required to pass the base flood (one-hundred-year flood)
discharge without cumulatively increasing the water surface elevation any point more than one (1)
foot above that of the pre-floodway condition, including those designated on the flood insurance rate
map.
Floodwavfringe means the area located within the floodplain and outside the floodway.
Neighborhood Center means the area defined and described in the City of Denton Comprehensive
Plan.
Nonresidential, nonresidential ~oning district or nonresidential uses means any land use that is
not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one-family
dwelling, detached uses. This definition includes all land uses listed in Section 35-77 of the City
of Denton Code except all uses listed under "B. Primary Residential Uses" and "J. Agricultural
Type Uses - Farm or Ranch."
Planned development means a planned development district as defined in Chapter 35, Article IV
of the Code of Ordinances of the City.
Preliminarvplat 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 all inclusive term denoting the person with primary responsibility toward
the city to see that these development rules and regulations and the ordinances of the city are
complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-fact,
manager or director, developer. Such term as used in this chapter always includes one (1) or more
of the persons enumerated in this section who own all or any part of the land which is contemplated
to be developed.
Qualified masonr~ product means brick, stone, stucco or masonry material that replicates brick,
stone or stucco.
RegionalActivitv Center means the area defined and described in the City of Denton Comprehensive
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Plan.
Rezonin~ 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 and includes an application to amend or approve
a concept plan, development plan or detailed plan.
Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public
right-of-way.
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 the
establishment of a planned development and approval of a concept plan, development plan or
detailed plan.
Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes
approval of a concept plan, development plan or detailed plan.
Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the
City.
SECTION C. ZONING PLANS
1. Zoning Plan Requirements.
Every nonresidential development application identified in Section A.2.a shall be
accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's
decision whether to approve, approve with conditions or deny the nonresidential
development application, based upon the standards set forth in this section; provided that all
other standards applicable to the nonresidential development application have been met. If
the development application already contains the information and documents set forth in this
section, then such application may be treated as a zoning plan and shall be evaluated under
the standards in this section. If the application is approved or approved with conditions, the
zoning plan shall be incorporated as a part of the approval.
A zoning plan shall contain the following:
ao
Project name, vicinity map, scale, north arrow, and date.
A general layout of the development, showing the general configuration and location
of proposed land uses for the property to be developed for nonresidential land use
and any contiguous property in unified ownership.
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c. Any reservations or dedications proposed.
d. Location of all Environmentally Sensitive Areas, including any field inspection
information that provides more detail for clarification purposes, and an indication of
any planned mitigation to changes to natural features.
e. All open space to be preserved consistent with standards set forth in this ordinance.
f. An assessment of public facilities, demonstrating the adequacy of or provision for
public facilities serving the proposed development.
g. Proposed compatibility measures to be incorporated into the project design, including
adjacent density, building materials, or buffering and screening from adjacent uses.
h. Zoning designations adjacent to the proposed development.
i. The proposed method, connection, provider, and location of:
(1) The proposed water system.
(2) The proposed wastewater system.
(3) The proposed method of drainage of the property.
(4) The proposed method of erosion and sedimentation control.
j. Location of drainage ways, environmentally sensitive areas, or public utility
easements in and adjacent to the proposed development.
k. Location and size of existing utilities along or within any easement.
1. Limits of 100-year floodplain and floodway.
m. A Traffic Impact Analysis shall be required for any proposed site development that
can be reasonably expected to generate more than 1,000 vehicle trip ends during a
single day and/or more than 100 vehicle trip ends during a single hour.
n. Vehicular linkages, if any, to adjacent properties in accordance with access
management principles.
o. Drainage Study.
p. Water and Wastewater Demand Calculations.
q. Location of existing utilities.
r. Any other information deemed necessary by the Director to analyze the project.
2. Standards Applicable to Zoning Plans.
a. Nature of Standards
The standards contained in this section governing zoning plans are minimum
standards. These interim development regulations are not intended to limit the
discretion of the City Council to deny a residential development application that
achieves the minimum standards contained in this section, or to condition the
application based upon overall considerations of health, safety and general welfare.
b. Comprehensive Plan Consistency Standards.
(1)
Land Use Plan and Land Use Intensity.
Zoning plans for nonresidential uses must demonstrate consistency with the
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standards set forth in the comprehensive plan, including the land use plan and
district designations.
(2)
Environmentally Sensitive Areas.
Environmentally Sensitive Areas (ESAs) shall be indicated on the Zoning
Plan and preserved to the fullest extent possible. Zoning Plan applications
shall indicate the extent to which ESAs have been preserved, alternatives that
have been evaluated to avoid detrimental impacts, and proposed methods to
mitigate disturbances deemed unavoidable.
(3)
Compatibility Standards.
Zoning plans must demonstrate that the proposed development is compatible
with the existing and planned adjoining uses and the character of the area in
which the project is located.
(a)
Masonry. If 50% of the structures located within 500 feet of the
boundary of the project have at least 50% of all elevations (excluding
windows and doors) comprised of qualified masonry products, then
all structures within the project should have elevations comprised of
no less than 75% qualified masonry products.
(b)
Landscaping and Screening. Landscaping and screening shall be used
to ensure compatibility with adjoining uses according to the
following standards:
(1) For existing single-family residential land uses adjacent to
proposed nonresidential development:
i. Minimum bufferyard width of 20 feet:
ii. Minimum number of canopy trees equal to 1 per 15 linear
feet ofbufferyard; and
iii. Minimum number of understory trees equal to 2 for each
canopy tree.
(2) For existing multi-family residential land uses adjacent to
proposed nonresidential development:
i. Minimum bufferyard width of 15 feet:
ii. Minimum number of canopy trees equal to 1 per 20 linear
feet of bufferyard; and
iii. Minimum number of understory trees equal to 1½ for
each canopy tree.
(3) For existing nonresidential land uses considered to be lower in
land use intensity adjacent to proposed nonresidential development
considered to be higher in land use intensity:
i. Minimum bufferyard width of 10 feet:
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ii. Minimum number of canopy trees equal to 1 per 25 linear
feet of bufferyard; and
iii. Minimum number of understory trees equal to 1 for each
canopy tree.
(4) Adequate Public Facilities
(a)
The land proposed for development must be served adequately by
essential public facilities and services. No development application
subject to these interim development regulations may be approved
unless and until adequate public facilities exist or provision has been
made for water facilities, wastewater facilities, drainage facilities and
transportation facilities which are necessary to serve the development
proposed, whether or not such facilities are to be located within the
property being developed or offsite.
Proposed public improvements shall conform to and be
properly related to the City's subdivision regulations,
applicable master plans and capital improvement plans.
(2)
The City may require the phasing of development or
improvements in order to maintain current levels of service for
existing public services and facilities or for other reasons based
upon maintaining the health, safety and general welfare.
SECTION D. PROJECT PLANS
1. Project Plan Requirements.
Every nonresidential development application identified in Section A.2.b and which is not
exempt under Section A.3 shall be accompanied by a project plan. In addition, every
development application identified in Section A.2.a which deferred satisfaction of project
plan requirements at the time of approval of the zoning plan must receive project plan
approval prior to or contemporaneous with preliminary plat approval. The project plan shall
be the basis for the City Council's decision whether to approve, approve with conditions or
deny the residential development application, based upon the standards set forth in this
section; provided that all other standards applicable to the residential development
application have been met. If the development application already contains the information
and documents set forth in this section, then such application may be treated as a project plan
and shall be evaluated under the standards in this section. If the application is approved or
approved with conditions, the project plan shall be incorporated as a part of the approval.
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A project plan shall contain the following:
eo
All of the information contained in a zoning plan.
Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development, right-of-way, pavement widths, sidewalks,
and bikeways.
Lot layout with dimensions for all lot lines and lot area.
Location and use of all proposed and existing buildings, driveways, fences and
structures within the proposed development. Indicate which buildings are to remain
and which are to be removed.
Area calculations:
(1) The total area in the development.
(2) The gross floor area of all existing and proposed strucures.
(3) Area and percentage of the total project area coverage by:
i. Structures.
ii. Streets, roads, and alleys.
iii. Sidewalks.
iv. Recreation areas.
v. Landscaping.
vi. The total area covered by tree canopy at maturity of the trees.
vii. Parking areas.
Location and size of all existing and proposed public utilities in and adjacent to the
proposed development with the locations shown of:
(1) Water lines and diameters.
(2) Sewers, manholes and cleanouts.
(3) Storm drains and catch basins.
(4) Fire hydrants.
(5) Access, location, and screening of all dumpsters.
(6) Location and size of all public utility easements.
Location, size, and use of contemplated and existing public areas within the proposed
development.
A topographic map of the site at a two-foot contour interval.
Location of all parking areas and all parking spaces, ingress and egress on the site,
and on-site circulation.
Use designations for all areas not covered by buildings, parking, or landscaping.
Locations of all Environmentally Sensitive Areas including, but not limited to, any
existing healthy trees of a caliber greater than six (6) inches, generally forested areas,
and creeks, wetlands, 100 year floodplains, or ponds existing on the site. Indicate any
planned mitigation to changes of a natural feature.
A landscape plan showing in detail the location, type, and size of the proposed
landscaping and plantings, and all calculations necessary to indicate compliance with
Chapter 3 1 of the Code of Ordinances.
The elevations, surface area in sq. ft., illumination type, height, and construction
(material and style), and locations of all proposed signs for the development.
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n. The typical architectural elevations for all structures proposed on the property. All
project plans shall indicate the material, color, texture, windows, doors, and other
design features of proposed structures, including all visible mechanical equipment,
such as for heating and cooling. Elevations shall be submitted drawn to scale of one
(1) inch equals ten (10) feet or greater.
o. Any other information deemed necessary to analyze the project.
Proiect Plan Standards.
Minimum Project Plan Standards
The following minimum standards of project design shall be addressed in the project
plan:
(1) Underground Utilities - All developments must provide for underground
utility installation, excepting electrical main sub-station feeders.
(2) Interconnected streets - Where applicable, all streets must connect to other
streets at both ends, or provide for the future connection when adjacent to
undeveloped property.
(3) Architecture - Architectural design should be appropriate for the use and
location of the proposed land use. Building orientation should be toward the
street, with prominent major entrances designed to be attractive and
functional also facing the street. Building scale should be compatible with
nearby structures in terms of height, mass, and bulk. Mechanical equipment
or storage areas should not be visible from the street. Facades should
incorporate windows, offsets, jogs, or other distinctive changes to avoid
visual monotony.. Where appropriate, rooI~s, alcoves, porticoes, and/or
awnings should be used for pedestrian climate protection. Building materials
should be appropriate for the use and location of the development.
(4) Garage door orientation and setbacks - Garage doors should not face any
adjacent street frontages, except alleys. Where site limitations preclude the
opportunity to orient garage doors away from the street, other design
measures should be employed to screen or minimize visibility from public
rights-of-way.
(5) Access management principles should be employed to minimize traffic flow
disruptions on collector and arterial streets.
(6) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to
a street.
(7) Pedestrian Circulation and Linkages - The Project Plan should provide safe
and convenient pedestrian circulation appropriate to the proposed land use.
Pedestrian linkages to adjacent properties should be facilitated in appropriate
locations.
(8) Parking Visibility - Parking areas should be screened from public rights-of-
way to the extent possible. When visible from public fights-of-way, parking
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areas should be organized in smaller sub-lots to avoid lage, uninterrupted
expanses of pavement.
(9) Lighting - Lighting shall be designed in a manner that will not shine upward,
minimizing the diffusion of light into the atmosphere, and shall not shine on
adjacent properties.
(10) Traffic calming devices - Approved traffic calming devices should
incorporated into the street patterns where appropriate.
(11) Fences - Fencing should be treated as a design element, and be visually
appropriate for its proposed location. Attention should be paid to details such
as use of qualified masonry products and design features as accent columns,
articulation, or caps. If used along an arterial and collector streets,
consideration should be given to openings in fences to provide visual entry
into the project area. The use ofberms is encouraged.
(12) Landscaped area or art - Landscaped features such as fountains, gardens, or
other features that enhance the project are encouraged. Art such as
monuments or other sculptural objects that enhance the project may also be
considered. Such elements should be visible and/or accessible to the public.
(13) Transit facilities - the provision of bus turn-outs and covered seating areas for
bus riders should be considered, depending on site location, levels of activity,
and type of site visitation.
SECTION E. COMPREHENSIVE PLAN CONSISTENCY
1. Requirements.
Every nonresidential development application identified in Section A.2.b or Section
A.2.c, which does not require the submittal of a Zoning Plan pursuant to Section C,
and which is not exempt under Section A.3, shall be subject to a separate evaluation
of Comprehensive Plan Consistency. No such development application shall be
accepted for filing until the requirements of this Section E have been satisfied. Such
development applications shall be considered incomplete until such requirements are
satisfied.
a. New Applications
Prior to filing a nonresidential development application consisting of a Planned
Development Detailed Plan, preliminary plat, or final plat that is not subject to
Section C - Zoning Plan requirements, a petition shall be submitted to the Director
of Planning and Development requesting an evaluation of Comprehensive Plan
Consistency.
Upon making a finding of consistency, the Director shall in writing notify the
petitioner that the development application shall be reviewed in accordance with
regularly scheduled procedures. Upon making a finding of inconsistency, the
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Director shall place the application on the next available City Council agenda,
whereupon the City Council shall determine if a rezoning petition will be initiated
on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be
notified in writing that the development application review process will be resumed
in accordance with regularly scheduled procedures. In such case the development
application will be accepted for filing.
b. Pending Applications
Pending Planned Development Detailed Plans, preliminary plats, or final plats that
have been filed before the effective date of this ordinance, and are not subject to
Section C - Zoning Plan requirements, must be evaluated for Comprehensive Plan
Consistency before any further processing of the application is allowed. The Director
of Planning and Development shall prepare an evaluation of Comprehensive Plan
Consistency for each individual application within thirty (30) days of the effective
date of this ordinance.
Upon making a finding of consistency, the Director shall in writing notify the
petitioner that the development application shall be reviewed in accordance with
regularly scheduled procedures. Upon making a finding of inconsistency, the
Director shall place the application on the next available City Council agenda. The
City Attorney shall prepare a determination and advise the City Council of the status
of vested rights with respect to the application. The City Council shall then
determine ifa rezoning petition will be initiated on behalf of the City. Ifa rezoning
petition is not initiated, the petitioner shall be notified in writing that the
development application review process will be resumed in accordance with
regularly scheduled procedures.
SECTION F. PROCEDURES
1. Application requirements.
No development application subject to these interim development regulations shall be
approved without submission and approval of a zoning plan or a project plan, as provided
herein, consistent with the standards in this ordinance. If the application is approved, the
approved zoning plan or project plan shall be incorporated as an element of the approval.
2. Processing of and decision on plans.
(a) Zoning Plans
Zoning plans shall be processed and decided by the City Council in accordance with the
same procedures designated in existing development regulations for processing and
decision set forth in Section 35-7 of the City Code of Ordinances.
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(b)
Project Plans
Project plan applications may be submitted, reviewed, and decided by City Council
concurrently with Zoning plan applications or as independently reviewed development
applications. Review and decision on Project plan applications shall be made by City
Council, upon notice to residents of property located within 500 feet of the Project plan
property, in accordance with established Courtesy Notice procedures.
(c)
Comprehensive Plan Consistency
Comprehensive Plan Consistency evaluations shall be conducted by the Planning and
Development Department, and the Director of Planning and Development shall make
an administrative determination of consistency in accordance with Section E. Should
the Director make a determination that requires referral to City Council for further
consideration due to Comprehensive Plan inconsistency, the City Council shall decide
by simple majority whether to allow the development application to be accepted for
filing and/or continue the review process as regularly scheduled, or whether to initiate
a rezoning of the subject property determined to be inconsistent.
3. Decision on application.
The City Council shall determine whether to approve, approve conditionally or deny the
development application based upon its decision on the zoning plan or project plan in
accordance with the standards in these interim development regulations and pursuant to the
discretion vested in it by state law and city charter.
3. Project timing
The property owner may elect to reserve portions of the property for future
nonresidential development for development approval after the adoption of the City's
Development Code. Such tracts shall be clearly indicated on the zoning plan.
The City Council may modify or condition zoning plan approval on the reservation
of portions of the proposed development until the City has adopted the Development
Code that implements the policies, goals and strategies concerning residential land
use, and related growth management, housing and open space objectives set forth in
the newly adopted Comprehensive Plan.
5. Relief requests
The applicant may petition the City Council for relief from these interim development
regulations by requesting such relief in writing. The request for relief shall be
considered by the City Council in conjunction with action on the project plan and
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development application.
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 nonresidential
development standards 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:
(1)
whether granting relief from the nonresidential standards contained in these
interim development regulations, in the absence of permanent revisions to the
City's Land Development Code that implement the provisions of the
comprehensive plan jeopardizes the City's best interests in preventing such
effects;
(2)
the suitability of the proposed nonresidential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed site;
(3)
the impact of the proposed nonresidential use on the transportation and other
public facilities systems affected by the development;
(4)
the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the surrounding properties;
(5)
the likelihood that sufficient relief will be provided to the applicant following
adoption of the City's Development Code;
(6)
the total expenditures made in connection with the proposed nonresidential
development in reliance on prior regulations, including the costs of installing
infrastructure to serve the project;
(7) any fees reasonably paid in connection with the proposed use; and
(8)
any representations made by the City concerning the project and reasonably
relied upon to the detriment of the applicant.
d. The City Council may take the following actions:
(1) deny the relief request;
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(2) grant the relief request; or
(3)
grant the relief request subject to conditions consistent with the criteria set
forth in this section.
6. 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 II. Environmentally Sensitive Areas Map.
The Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this
ordinance, and shall be used to evaluate development applications as stipulated in all references to
Environmentally Sensitive Areas.
Section III. Amendment of Chapter 34
Section 34-13 of the Code of Ordinances is hereby amended to add the following paragraph (d):
(d) No plat shall be accepted for filing until the zoning of the property has met Comprehensive
Plan consistency requirements if such consistency requirements are required by the City of Denton's
Interim Nonresidential Development Regulations, adopted by Ordinance No.
Section IV. 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 end
the provisions of this ordinance are severable.
Section V. Recission of'Moratorium
Ordinance 99-474, adopted by the City Council on December 14, 1999, and Ordinance 2000- 017, adopted
by City Council on January 4, 2000, shall be rescinded and repealed on the effective date of this ordinance,
except as follows: The moratorium shall be extended beyond the original expiration date and shall continue
for all pending development applications which are subject to the Comprehensive Plan consistency
requirements as provided in Section E.b. The moratorinm for such development applications shall continue
until such time as the requirements of Section E are satisfied.
Section VI. Effective Date.
17
C:\WINDOWS\TEMP\INTERIM NONRESIDENTIAL STANDARDS. 1-20-00#2.doc
This ordinance shall become effective upon the date of its passage and approval.
Section VII. Savings Clause.
Save and except provisions hereby amended or superseded, all rema'ming sections, sentences and paragraphs
of the Code of Ordinances of the City of Denton shall remain in full force and effect.
PASSED AND APPROVED this the __ day of January, 2000.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
JACK MILLER, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
BY:
18
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
/
January 25, 2000
Legal Department
Herbert L. Prouty, City Attorney
Agenda No.~
Agenda Item,~ , .........
SUBJECT - Receive a report, hold a discussion, and give staff direction regarding a planned
development sunsetting ordinance which sets time limits on all steps and processes in planned
development districts.
BACKGROUND - Attached is the most recent draft of the ordinance which would amend
Article IV "Planned Development Districts" of Chapter 35 "Zoning" of the Code of Ordinances
to provide for time limits on all steps and processes in planned development districts. This is the
latest version of the so-called "PD sunsetting ordinance" which was considered first at your June
8, 1999 work session and revised for consideration at your June 22, 1999 work session and was
deferred from consideration on your December 14, 1999 work session. There are three changes
to the ordinance from the June 18th draft. First, the first "whereas" clause now specifically
mentions the recently adopted Denton Comprehensive Plan. Another change is to substitute
Arabic for Roman numerals. Finally, Section 1 is amended to include some reference to concept
plans.
The ordinance is based on Councilmember Burroughs' idea. His concept is that the various
stages of the PDs - concept plan, development plan, and detailed plan - all be subjected to time
limits. This would include retrospective as well as prospective PDs. If the time limit expires,
then there would be notice to the developer/owner. They would have some grace period - such
as 60 days - to submit the next stage in the development process for review and action by the
Planning & Zoning Commission and the City Council. If the developer did not submit the next
stage within the grace period, the zoning would be brought back to you for reconsideration. If it
came back for reconsideration, it would be your option to initiate rezoning, provide for an
extension of the time limit, or an extension of the time period with various conditions.
Most of these concepts have been incoqoorated in this version of the PD sunsetting ordinance as
follows:
Time limits have been established for each step in the process with the exception of the
filing of a concept plan, including the filing and approval of the development plan and
detailed plan. The reasoning here is that with PDs requiring some sort of concept plan as
a condition of the initial zoning and with the interim regulations requiring a zoning plan,
there may be no need for time limits on concept plans. A development plan must be
submitted within two years of the establishment of the planned development district. A
detailed plan must be submitted for approval within one year of the development plan. A
detailed plan can also expire under §35-156 of the City Code which states that all detailed
plans approved after February 15, 1991 are valid only for two years.
Notification to the property owner 60 days before the time limits expire will be required.
The property owner will be notified in the event that the expiration of the time limits
triggers the staying of additional steps in the process and possible rezoning in accordance
with the Zoning Enabling Act and Chapter 35 of the City Code.
Following the expiration of the right to submit a development or detailed plan, the
Planning & Zoning Commission and the City Council will consider the expired PD
ordinance. The Commission will conduct a public hearing and follow all notice and
hearing procedures for a zoning amendment. The Commission will make a
recommendation to the Council whether the PD should be allowed to proceed or should
be rezoned. The Council then ultimately makes a determination as to whether the existing
PD can continue with the current land uses to proceed in the process, whether additional
conditions will be placed on the PD to allow it to continue to proceed through the
process, or whether the property will be rezoned. In making this decision, the Council
will consider the existing PD's compatibility with the comprehensive plan, the growth
management strategy, surrounding land uses, whether the failure to submit in a timely
manner is justified, or whether the property owner would be deprived of the economic
viable use or a vested right. The Council may agree to allow the applicant to continue in
the process. It may place any conditions it deems necessary on the planned development,
including placing additional time limits on the next steps in the process.
The ordinance applies to any development plan or detailed plan for which a
recommendation has not been made to the City Council by the Planning & Zoning
Commission and to any other development or detailed plan filed after the effective date
of the ordinance. In other words, the ordinance does have both a retrospective and a
prospective effect.
Some additional alternatives to the language in the June 18th draft are included within Terry
Morgan's June 18, 1999 memo which - because of the confidential attorney-client privilege - is
included as an attachment to the City Attorney's status report. Additionally, we will discuss any
issues regarding the recent vested rights statute in the status report. Finally, the final language of
the interim residential and commercial regulations may have an impact on the provisions of this
ordinance. We expect Terry will be able to attend this work session. He will be able to explain
these provisions in more detail.
PRIOR ACTION/REVIEW - As indicated above, the Council first considered this PD ordinance
at its June 8, 1999 workshop. It was then rescheduled for the June 22, 1999 workshop, but the
item was postponed. It was then placed on your December 14, 1999 workshop agenda, but was
again postponed.
ADDITIONAL CONSIDERATIONS AND RECOMMENDATION - The Council may first
want to determine whether the PD time limit ordinance is necessary if the Council adopts interim
development regulations similar to those which you are currently considering, or whether some
aspects of the PD time limit ordinance should be considered as a part of the interim development
regulations. The establishment of time limits on various steps of the PD process with
requirements of notice and a grace period will involve more staff time to consider some of the
PDs involved in the process. Attached is a document which Dave Hill prepared in June showing
the number and status of all PDs based on the estimates from the concept plan. Dave may
Page 2
provide additional information on the status of these PDs at your meeting. Staff is seeking your
direction regarding what action you want us to take on this ordinance, including any changes.
Respectfully submitted,
Page 3
DRAFT JANUARY 20, 2000
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IV "PLANNED DEVELOPMENT DISTRICTS"
OF CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON TO PROVIDE FOR TIME LIMITS ON ALL STEPS AND PROCESSES IN THE
PLANNED DEVELOPMENT DISTRICTS; PROVIDING FOR CERTAIN ACTION By THE
PLANNING & ZONING COMMISSION AND THE CITY COUNCIL IN THE EVENT THAT
STEPS IN THE PROCESS ARE NOT TIMELY COMPLETED; PROVIDING FOR CONSID-
ERATION OF THE CONFORMANCE OF A PARTICULAR PLANNED DEVELOPMENT
DISTRICT TO THE COMPREHENSIVE PLAN AND OTHER DENTON LAND USE POLI-
CIES AND REGULATIONS; PROVIDING FOR APPLICABILITY TO CERTAIN PLANNED
DEVELOPMENT DISTRICTS; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000
FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are a number of planned development districts that are in excess often
years old and whose concept plans, development plans, or detailed plans are inconsistent with the
recently adopted Denton Comprehensive Plan and other cun'ent land use regulations and policies
of the City of Denton; and
WHEREAS, the City Council deems it in the public interest t(~ place time limits on ac-
tions required under all planned development districts in order to require conformance with cur-
rent land use regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Division 3 "Applications and Submissions" of Article IV of Chapter
35 of the Code of Ordinances of the City of Denton is hereby amended by adding new Sections
35-177 through 35-178, which shall read as follows:
Sec. 35-177. Time Limits on Submission of Development Plans and Detailed Plans.
In a planned development district, progress toward development of a project shall occur
within the following time periods:
(a) Failure to Submit Development Plan. A development plan or a detailed plan instead
of a development plan shall be submitted for approval within two (2) years from establishment of
the Planned Development District, unless otherwise provided by agreement. If a development
plan or detailed plan in lieu of a development plan for all or a portion of the project is not
· submitted within such period, the authority to submit such development plan shall expire.
(b) Failure to Submit Subsequent Development Plan. If the project is to be developed in
phases, a $ubsoquont dovolopmont plan shall bo submittod within two (2) yoars fxom tho approval
of a detailed plan for the preceding phase. If a subsequent development plan is not submitted
within such period, authorization to submit such development plan for that portion of the prop-
erty or other subsequent development plans for the property shall expire.
(c) Failure to Submit Detailed Plan. A detailed development plan shall be submitted for
approval within one (1) year from approval of the applicable development or concept plan. If a
detailed plan is. not submitted within such period, or in the event a detailed plan has expired pur-
suant to section 35-156 of this Chapter and following any extensions granted under such provi-
sion, authorization to submit a detailed plan shall expire.
(d) Duties of Director. The City, through its Director of Planning, shall keep track of all
of the time limits set forth above and shall notify the owner of the land of the approaching expi-
ration of the time limit to a particular zoned planned development through a notice to the last
known address of the land owner sent by certified mail, return receipt requested, at least sixty
days prior to the expiration of any time limit set forth above.
(e) Stay of Process. Upon expiration of any of the time limits for any step in the planned
development process set forth in this section, an application for the development plan or detailed
plan, as the case may be, shall not be accepted for filing or further processed, pending the out-
come of the procedures set forth in section 35-178.
Sec. 35-178. Staying of Steps in Process.
(a) Following the expiration of the right to submit a development plan or detailed plan,
as set forth in section 35-177, the Director of Planning will place the planned development ordi-
nance for the property on the agenda of the Planning and Zoning commission for its considera-
tion. Notice of the Commission's action shall state that the regulations governing the plarmed
development district may be modified. The Commission shall conduct a public hearing and shall
apply procedures for a zoning amendment pursuant to section 35-7 of this Chapter. The Com-
mission thereafter shall recommend to the City Council whether the right to submit a develop-
ment plan or detailed plan should be reinstated, or whether the property should be zoned to an-
other classification.
(b) The Commission's recommendation shall be referred to the City Council for consid-
eration in accordance with the procedures applicable to zoning amendments. The Council shall
determine whether the right to submit the development plan or detailed plan should be reinstated,
or whether the property should be rezoned to another classification. In making such determina-
tion, the Council shall consider the following factors among others:
(0
whether the planned development district is consistent with the adopted compre-
hensive plan and growth management strategy;
(2)
(3)
whether the uses authorized in the planned development district are compatible
with existing and planned land uses adjacent to the site;
whether there are extenuating eircum~tance~ justifying thc failure to submit a de-
velopment plan or detailed plan during the .applicable time period; and
whether rezoning the property to another classificati°n constitutes confiscation of
a vested property fight or deprives the owner of the economically viable use of the
land.
(c) The Council may take the following actions:
(1)
reinstate the right to submit the applicable development plan or detailed plan
within a time certain, subject to any conditions that may be appropriate to ensure
that significant progress will be made toward development of the project;
(2) modify the planned development district regulations applicable to the property; or
(3)
direct that proceedings be instituted to change the zoning classification of the
property in accordance with applicable procedures.
(d) In granting exceptions to the time limits phase as set forth herein, the City Council
may require any conditions as will, in its judgment, be consistent with the purposes set forth in
this chapter and its other land use policies and regulations. The conditions which the City Coun-
cil may place on the planned development may include placing additional time limits on the next
step in the process.
SECTION 2. Applicability. This ordinance shall apply to applications for approval of a
development plan or detailed plan as follows:
To any development plan or detailed plan instead of a development plan, for which a recom-
mendation has not been made to the City Council by the Planning and Zoning Commission
by the effective date of this ordinance;
2. To any other detailed plan that is filed after the effective date of this ordinance.
SECTION 3. That any person violating any provision of this ordinance shall, upon con-
viction, 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 4. That if any section, subsection, paragraph, sentence, clause, phrase, or word
in this ordinance, or application thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining por-
tions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION 5. That save. and except as amended hereby, all the sections, subsections,
paragraphs, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances of the City
of Denton shall remain in full force and effect.
SECTION 6. 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 (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. PROUTY, CIT~ !ORNEY
BY: ~~J// /
AGENDA INFORMATION SHEET
Aoenda Item /
AGENDA DATE: January 25th, 2000
DEPARTMENT:
CM/DCM/ACM:
Planning & Developme~/~
Dave Hill, 349-8314
SUBJECT
Receive a report, conduct deliberations, and determine appropriate actions to be taken, including
potential initiation of rezoning, regarding two nonresidential development projects considered to be
inconsistent with the City of Denton Comprehensive Plan, identified as follows:
a. Ryan-Teasley: an approximate 13.7-acre commercial and multi-family site included within
the boundaries PD-93, an approximate 30.4-acre tract located on the southwest comer of Ryan
Road and Teasley Lane.
b. RNW Addition: an approximate 8.3-acre commercial site included within the boundaries of
PD-16, an approximatel 1.2-acre tract located on the southwest corner of Teasley and Teasley.
BACKGROUND
The two properties identified above were identified during the January 11th Council work session as
potentially inconsistent with the comprehensive plan. Further information has been requested (see
attached P&Z staff reports) regarding these properties, and consideration will be given to potential
initiation of rezoning.
The current status of each project is as follows:
PD-93: A Detailed Plan application for the 9.4-acre multi-family portion of the site is
scheduled to be heard by the Planning & Zoning Commission on January 26th, 2000.
PD-16: An application to amend the approved Detailed Plan the 8.3 retail portion of the site
was heard by the Planning & Zoning Commission on November l0th, 1999. The P&Z
recommended denial, 7-0, and the property owners declined to appeal to City Council. The
property owners then filed an application for a preliminary plat for the approved Detailed Plan,
which was then suspended by the Commercial and Retail Moratorium Ordinance on December
14th, 1999.
OPTIONS
1. Instruct staff to initiate rezoning petitions for the two properties.
2. Decline to initiate rezoning petitions and allow the interim development standards currently under
review to affect the subject properties as stated in the ordinances.
RECOMMENDATION
Staff recommends that Council's decision be based on the individual characteristics of each case.
ESTIMATED PROJECT SCHEDULE
No project schedule has been determined for the subject properties.
PRIOR ACTION/REVIEW
Each property has been reviewed previously. The attached staff reports provide further review detail.
FISCAL INFORMATION
None
ATTACHMENTS
1. PD-93 Planning & Zoning Commission Staff Report
2. PD-16 Planning & Zoning Commission Staff Report
Respectfully s~_~e~
Dav-e~l -Asst'stant ~:'~ Manage~ment Services
PLANNING AND ZONING COMMISSION
STAFF REPORT
Subiect: Ryan Rd / Teasley Case Number.: Z-99-096
Staff: Larry Reichhart, Dev. Review Manager Aqenda Date: January 26, 2000
Continue a public hearing and consider making a recommendation to the City Council concerning
the detailed plan for a Planned Development (PD-93) encompassing approximately 13.7 acres.
The detailed plan proposal is for a 159 unit multi-family residential development and 4.3 acres of
commercial development. Due to the commercial moratorium, the applicant has removed the
4.3 acres of commercial development from this proposal.
Location:
Size:
LOCATION MAP
The property is located at the southwest corner of Teasley and Ryan Road.
9.5+ acres
Applicant:
Dale and Craig Irwin
525 S. Carroll Blvd.
Denton, TX 76201
Owner:
Golden Triangle Joint Venture
2112 W. Spring Creek, #200
Piano, TX 75023
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 rec.reation, 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.
"The~e. are three'(3) types of plans that may be used in the planned development process; concept
plan, 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 regulations.
The developer is requesting approval of a detailed plan for this 13.7+ acre site (See enclosure1). This
site is a portion of an original 31+ acre site that was approved as PD-93 on April 2, 1985, which
included 17 acres of single-family development, 10 acres of multi-family development and 4 acres of
general retail. (See enclosure 2) This proposal is for 159 multi-family units (with a total of 250-350
bedrooms) on 9.4+ acres equaling 17 units per acre and 6 commercial pad sites on 4.4+ acres. The
Concept Plan approval allowed for 17 units per acre accounting for 159 units on the proposed 9.4
acres. Other restrictions of the Concept Plan (Ordinances No. 85-68) that effect this proposal include;
1. Multi-family housing which abuts single-family housing should not exceed two-story
construction height. (the applicant has limited the multi.family units adjacent to the
single-family housing to 1~ stories (max. 35') with no 2~d story windows facing the
single-family properties.)
2. Parking lot lights should be positioned away from residential buildings. (a note to this effect
and/or lighting details should be included on the plans)
3. Screening shall be provided to protect multi-family hOusing from commercial retail activities and
also buffer single family housing from multi-family developments. (The proposed screening
should be indicated on the General Landscape Pla,n,)
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
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.
(lO) -.-
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)
Section 35-155 of the city code contains the following provision: "The commission or the city
council may impose conditions concerning the location, use, arrangement, construction or
development of the district in order to ensure the appropriate use of the district and to protect
surrounding properties. (Ord. No. 91-016, § I, 2-5-91)." Staff interprets this section to apply to a
PD Concept Plan, Development Plan, or Detailed Plan as appropriate, and in correlation to
required information related to the corresponding plan. As such, Concept Plan conditions would
be related to information contained in Section 35-174, and Detailed Plan conditions would be
related to Section 35-176 information. Since this project is .a, proposed PD Detailed Plan, staff has
provided an evaluation based on minimum information reqUired as per Section 35-176, and has
also checked for consistency with the previously approved Concept Plan.
The Comprehensive Plan identifies this property to be within a "Neighborhood Center" area (See
enclosure 5). The adopted Growth Management Strategy states that these areas are to be developed
in an inwardly oriented manner with a focus upon the centers of the neighborhoods. The center would
contain uses necessary to support the surrounding neighborhood including retail uses such as
convenience grocery, barbers, or small professional offices, higher density residential uses such as
townhomes, park uses, including central neighborhood "greens" and institutional uses such as fire
stations, schools, libraries and transit nodes.
The proposed land use is somewhat consistent with the intent of "Neighborhood Center" with
townhouse style units around the perimeter of the multi-family portion of the site and the
proposed commercial area within walking distance to the residential areas. It is not, however,
inwardly oriented and the site design and density is Potentially inconsistent with the plan.
1. Transportation
A. Trip generation
A traffic impact analysis (TIA) identifying impacts and required mitigation will be required prior
to platting.
B. Access
Access will be from both Ryan Road and Teasly Lane and will be shared between the multi-
family and commercial developments.
C. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
This site has access to existing water and sanitary sewer lines (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. The location Of th.e proposed monument signage is indicated on
both sides of both entriesl
5. Off-Street Parking
Parking will be provided per code requirements.
6. 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).
7. Open Space
This 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 dedication and park development fees. Park Land Dedication or fees in lieu
is required at the time of platting and Park Development Fees will be required at the time
building permits are issued.
8. Lighting --
Lighting on the property should be designed and maintained so as not to shine on or othenvise
disturb, surrOunding residential property or to shine and project upward to prevent the diffusion
into the night sky.
9. Environmental Quality impacts
No negative environmental impacts have been identified.
April 4, '1985 -A Planned Development (PD-93) Concept Plan, for the subject property, was
approved by Ordinance No. 85-68 allowing for single-family, multi-family and commercial
development. The site plan for the single-family portion of the development was also approved
by Ordinance No. 85-68.
September '19, 1996 - An Amended Detailed Plan for the single-family development is
approved by the Director of Planning and Development.
The subject property is not platted and would need to be ~latted prior to any development.
Notice of the zoning request was published in the Denton Record-Chronicle on Sunday May 2,
1999. Forty-four (44) property owners were notified and ninety-nine (99) courtesy no. tices were
mailed. As of this writing, there has been Forty-one (41) responses, thirty-nine opposed
(equalling over 20% opposition)an~ two (2) neutral to the request.. (See enclosure 8)
Neighborhood meetings were held on January l0th and January 19"~. Issues raised at the
meetings included:
· Property Values decreasing due to the presence of Multi-family
· Security
· Increased traffid
· Dumpster location
· Privacy (windows looking into adjacent back yards)
· Closeness of the buildings to the property line
· What constitutes adequate buffering (brick wall, evergreen hedges, wood fences)
The applicant responses included:
· Moving the buildings from 10 foot to 15 foot from the property line.
· Limit the adjacent buildings to 1 ~ stories (35' max.) adjacent to the single-family houses
with no 2nd story windows facing the single family properties.
· Proposed a evergreen hedge
· Willing to relocate dumpsters
· Willing to roarrango opon ~paco.
The applicant has stated his willingness to revise the Detailed Plan bu',has not received a clear
indication from the neighbors as to what revisions should b~'undertaken, No consensus was
arrived at regarding issues such as, the minimum distance the buildingS should be from the
property line, what type of fencing and landscaping should be utilized as a buffer, the maximum
height of the buildings, what type of building materials should be on the back of the buildings,
Although the minimum requirements of a Detailed Plan are present, a number of outstanding
issues still exist. Staff recommends that the commission takes input from the applicant and the
neighbors and then gives the applicant directiOn as to what revisions should be pursued.
Staff recommends continuing Z-99-096 to February 9, 2000 to allow the applicant time to address
the issues related to the Detailed Plan.
I move to continue Z-99-096 to February 9, 2000.
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
· 4. postpone cor~sideration.
5. Table item.
1. Detailed Plans.
2. PD-86 Concept Plan and Ordinance.
3. Vicinity Map.
4. Zoning Map.
5. Land Use Map
6. Utility Map.
7. Denton ModilitYPlan Map
8. 200' Property Owner Notification Map and responses.
ENCLOSURE
· I'
tJfjl :' ~i ~ j I j ~ J . i
10.
11.
ENCLOSURE 2
NO.
AN OPd)INANCE 'AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS
SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, BY ORDINANCE NO. 69'1, AND AS SAID F~AP APPLIES TO
APPROXI~L~TELY 30.3595 ACRES OF LAND SITUATED IN THE ELI' PICKETT
SUltVEY, ABSTRACT NO. 1018, DENTON COUNTY, TEXAS AND SITUATED AT THE
SOU~{WESTERN CORNER OF RYAN ROAD AND TEASLEY LANE INTERSECTION; TO
PROVIDE FOR A PLANNED DEVELOPMENT "PD" DISTRICT ZONING CLASSIFICATION
AND USE DESIGNATION FOR SAID PROPERTY; AND DECL~ING ~N EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
..SECTION I.
That a Planned Development "PD" District Zoning Classification and
Use designation is hereby established for all of the property described
below under the Comprehensive Zoning Ordinance of the City of Denton,
Texas:
All that certain tract or parcel of land situated in the Ell'Pickett
Survey, Abstract No. 1018, Denton County, Texas, being part of a
(called) 117.5 acre tract in a deed from Gover C. Stuart to J. T.
Stuart on the 21st day of January, 1930, as recorded in VolUme 225,
Page 528, Deed Records of said County, and being all of a (called)
31.027 acre tract described in., ~.,Deed from B. Thomas McElroy =o Mrs.
Marsha Stuart Savage and Robert Mark Stewart on the 24=h day of
December, 1975, recorded in VolUme 769, Page 557, Deed Records of said
County, and being more fully described as follows:
BEGINNING at a steel pin on the north line of said 117.5 acre tract
and of said Pickett Survey about the middle of Ryan Road at the north-
east corner of a 26.171 acre tract out of said 117.§ acre tract at a
point 1035.84 feet east of the northwest, corner of said tract and of
said Survey;
THENC~ north 89042'49" east with the north line of' said 117.5 acre
tract and said Survey in Ryan Road a distance of 1013.11 feet =o a
corner on the west right of way of Farm to Market Road 2181;
THENCE south 33049'45'' east with said right of way a distance of 85.28
feet to the beginning of a curve;
THENCE southerly with said right of way around a curve to the
having a central angle of 32°24' and 00", a chord of south 17°37~45''
east, a distance of 774.09 feet, a radius of 1387.3 feet and an arc
length of 784.50 feet to a right of way post at the end of said curve;
THENCE south 01°25'45'' east with said right of way 294.5 feet to a
steel pin at the northeast corner of a 58.103 acre tract off the south
end of said 117.5 acre tract;
THENCE south 89°53' 'west, a distance of 1199.88 feet =o a steel pin at
the southeast corner of said 28.171 acre tract;
THENCE no~t~ 00°07'~4'' west, 1100.57 feet to. the place of begi'~ning
ann contaxnzng in all 31.0154 acres of land, there being 0.6559 acre
within Ryan Road, leaving a net of 30.3595 acres of land.
SECTION II.
That in approving this planned development district ordinance, ~he
City Council hereby approves the final site plan, attached hereto, for
designated as multifamlly (MF) district and general retail (GR) 'on the
site plan attached hereto, a final comprehensive site plan shall be
required to be submitted and approved' as parc of this ordinance in
accordance with Article 11, Appendix B-Zoning of the Code' of'
Ordinances. '
Z-1702/PAGE ' 12.
That the development of the-~roperty shall be in substantial
compliance with all comprehensive site plans approved herein or
hereafter, and attached hereto and made apart herein for all purposes.
SECTION IV.
That prior to issuance of any certificate of occupancy for the use
o£ any bulldin$ within the planned development district, the followinS
conditions shall be met:
1. Nulti-family housing which abuts single family housing should not
exceed two-story construction height.
2. Parking lot lights should be positioned away from residential
buildings.
3. Screening shall be provided to protect multi-family housing from
commercial retail activities and also to buffer single family
housing from multi-family developments.
4. The platting and building requirements of Appendix A and B of the
Code of Ordinances for sin$1e family housing (SF-7), . including
front, side and rear setbacks, and maximum lot coverage, shall be
applicable to the proposed single family development (SF-6).
5. All other engineering, planning, and building requirements not
controlled by these conditio.~s must conform to the Zoning and Land
Development Regulations and.' other plans and ordinances of the City
of Denton.
SECTION V.
That the City Council of the City of Denton, Texas, hereby finds
that such zoning is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City' of Denton, Texas,
and with reasonable consideration, among other things for the character
of the district and for its peculiar suitability or particular uses,
and with a view to conservinS the value of the buildings, protecting
humah lives, and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION VI.
That this ordinance shall be in full force and effect immediately
after its passage and approval, the required public hearings having
heretofore been held by the PlanninS and Zoning Commission and the
City Council of the City of Denton, Texas, after giving due notice
thereof.
~H~-O7 S~-W*K~, ~AYOR ~
' CI~ OF DE~ON, T~S ~
ATTEST:
CHARLOTTE ALLEN~ CITY -SECRETA~ !.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOP. M:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1702/PAGE 14.
ENCLOSURE
?~-'Z-99-096 (Ryan Rd. I Teasley Ln., PD-93)
NORTH
SITE
VICINITY MAP
15.
Agenda Date: January 12, 2000 Scale: None
ENCLOSURE 4
~,Z-99-096 (Ryan Rd. / Teasley Ln., PD-93)
NORTH
.I l__
PD. g3
SITE
A
ZONING MAP
16.
A
Agenda Date: January 12, 2000 Scale: None
ENCLOSURE
~7.-99-096 (Ryan Rd. I Teasley Ln., PD-93)
NORTH
LAND USE MAP
Texas Lo~el Government Code 219.005
'A comprehensive plan shall not constitute zoning regulations
or establish zoning district boundaries'
17. ·
Adopted Ord No 99.439
December 7, 1999
Agenda Date: January 12, 2000 Scale: None
ENCLOSURE 6
~-Z-99-096 (Ryan Rd. I Teasley Ln., PD-93)
NORTH
UTILITY MAP
Hydrants
Water Line (W. L.)
Sewer Line (S. L.)
Elec. Lines
18.
Agenda Date: January 12, 2000 Scale: None
ENCLOSURE 7
~--Z-99-096 (Ryan Rd. I Teasley Ln., PD-93)
NORTH
SITE
DENTON MOBILITY PLAN MAP
Freeways
Primary MajOr Arterials
Secondary Major Arterials
,.,." ';../" Collectors
19.
Agenda Date: January 12, 2000 Scale: None
ENCLOSURE 8
?-. Z-99-096
(Ryan Rd. @ Teasley)
NORTH
SITE
500' Notification Limits
ROBINSON
200'-500' NOTICE MAP
20.
Agenda Date: Janua~ 12,2000 Scale: None
Z-99-096 (Ryan Rd./Teasley) - Opposition
Number Street Name Comment *=
3009 Overlake Dr. Glenn ,~.
I believe that our nG~i3~orhood will lose property value due
to apartments being built. The apartments will seem
3904 Overlake Dr. Huff overbearing on our homes.
do not feel the zoning in this area is consistent. We have
upscale single-family housing, mobile home lots and now
you would like to bring in multi-family units. Property
values will decrease and the value of our neighborhood will
3908 Overlake Dr. · Patrick decrease.
3909 Overlake Dr. Glenn
3912 Overlake Dr. Bergman
3913 Overlake Dr. Haddlock
3917 Overlake Dr. Harper
am very opposed! This will make my property value
3920 Overlake Dr. Williams lower.
3925 Overlake Dr. Domes
3932 Overlake Dr. Oldham
3936 Overlake Dr. Muller
3937 Overlake Dr. Carter
3941 Overlake Dr. Noto
3945 Overlake Dr. Boso
I was led to believe that the area would be Doctors Offices:
3952 Overlake Dr. Young This I feel will hurt property values and quality of life.
3953 Overlake Dr. Deramo
3956 Overlake Dr. Goggin
3957 Overlake Dr. DuBois
3961 Overlake Dr. Clark
2220 Wildwood Lane LeBrun will be at every meeting to fight this
2305 Wildwood Lane .Tandif
2308 Wildwood Lane Richter
Neither I nor my wife have any interest of having a multi-
family dwelling in our backyard~ We moved to a residential
location to get away from ail aspects of apartment life. We
also moved to a Residential location as an investment in
our future, and this proposed plan will severely devalue the
2309 Wildwood Lane George land and housing in the immediate area.
Teasley Lane is already too crowded - many accidents at
Ryan, Windowed and Robinson. Property value would go
2312 Wildwood Lane Steward down.
2313 Wildwood Lane Wright
Having multi-family housing on this property will lower the
2316 Wildwood Lane Moore property value on the homes in this neighborhood.
2317 Wildwood Lane Cartwright
We already are adjacent to two Mobil home parks which
have a high density population. We do not want the
additional density or additional traffic flow. Additional traffic
flow to an existing heavy flow will cause problems for our
neighborhood children. We want a quite and safe home for
2321 Wildwood Lane Garner our kids.
2325 Wildwood Lane Tinsman Opposed, no apt. only houses.
2400 Wildwood Lane Watson
2401 Wildwood Lane Johnson
Z-99-096 (Ryan Rd./Teasley) - Opposition
I do not want to see apartments on this property, I think this
woUld be detrimental to my prop~e .rty value, and would
create an even mor. e_d~ngerous traffic situation than
2404 Wildwood Lane Thomas already exists.
2405 Wildwood Lane Grisson
Multi-family (apts) will depreciate property value, increase
traffic in an already congested area. We also have safety
concerns if apts. Should be built - over population in small
2408 Wildwood Lane Deeb area.
2409 Wildwood Lane ! Brown
2417 Wildwood Lane Franklin
2420 Wildwood Lane Smith
2421 Wildwood Lane Brown/Raper We request rezoning of the property to single family.
NEUTRAL
Although neutral in opinion, would prefer the property for
3928 Overlake Dr. Mandviwalla single-family residential.
am willing to keep an open mind until I see the plans. A
2300 Wildwood Lane Ressler big complex or highrise will get a definite no though.
A NING AND ZONING COMMISSION
STAFF REPORT
Sub|ect: PD-16 Detailed Plan
Staff: Larry Reichhart,
Development Review Manager'
Case Number: Z-99-081
Agenda Date: November 10, 1999
Hold a public hearing and consider making a recommendation to City Council regarding a Detailed
Plan for 8.3 acres located at the southwest corner of Teasley and Lillian Miller. The proposal is to
develop a retail center.
-- Golden Triangle Mall
SITE
LOCATION MAP
Location:
~-Size:
Southwest corner of Teasley and Lillian Miller
approximately 8.3 acres
AppliCant: The Sheldon Development Co. Owner: Alexander Management Co.
14643 Dallas Parkway, Suite 910 4811 Bluffview
Dallas, TX 75240 Dallas, TX 75209
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 forsimilarland 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.
There are three (3) types of plans that may be used in the planned develOPment process; concept
' plan, 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.
Di~A'i.L~i~.:~i~i~::~:.Th-iS pla~:;i~.!{~: fin:~i ~P i~::th~ P~ii~nd !~'::'rei~:~'i!~ed :~l~or to any
~l~!~P~i~iii~i~i smaller tra~t~!~ ~m:i:fi~ d'~10~; ~i~hs At~ °th~i§e known prior
{(~==.i~z~n_-~'~ ~ ~taiied Plan ~i~ ~:~ t~ ~sta~ii~ ~h~ ~'is~tdct and.b~i:~e ~iY ~uired plan
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.
Rlename
..~The applicant is requesting approval of an amended Detailed Plan for an 8.3 acre portion of the
Planned Development 16 (PD-16) zoning district located at the southwest corner of Teasley (FM
2181) and Lillian Miller (See Enclosure 2). The proposed detailed plan would allow the construction
of an 11,347 square foot retail/pharmacy store and a 52,816 square foot grocery store. (See
Enclosure !). A Detailed Plan.for this corner, approved by .City council as Ordinance 91~007 on
January 22, 1991, currently provides for the development of a 80,200 square foot main building and
a 6,000 square foot pad site on this property. (See Enclosure 11) The proposed Detailed Plan, if
approved, would replace the Detailed Plan currently in effect for this property.
The property is bordered to the west by Sam Houston Elementary School and to the south by the
Denton South Branch Library and a fire station. Directly to the north of the .property across Teasley
is vacant property zoned SF-10 and owned by the Church of Jesus Christ of Latter Day Saints.
Directly to the east of the property across FM 2181 is vacant land zoned Office Conditioned (O[c]).
(See Enclosure 3)
The existing approved detailed plan could be developed without additional zoning approvals.
The following comprehensive plan analysis was conducted on the proposed detailed plan. For all
intensive purposes, this analysis holds true for the existing approved detailed plan. By comparison,
~'~"t. he existing detailed Plan would allow for the development of more retail space, produce higher traffic
· and provide less Open space (see Staff AnalYSiS for a more detailed comparison)..
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area.
T.hese~reas are intended to be developed primarily fo[ s!~..n.,gl~ ~milY [?~dential development.
Ne~gb~borhoo~ls~ar~b~s~j~Ci ~rk:~:oflsm~'l]~o~c~l/reta~!~enters~!~.p. aced a ~a ..
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 zoning to be somewhat
consistent with the 1988 DDP objective of providing retail centers within Iow intensity
residential areas at ~/= mile intervals, and somewhat inconsistent with the trip intensity
standards of the t988 DDP (see Enclosure 8)
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 zoning to be inconsistent with the policies of the 1998 DP (see Enclosure
9),
Rlenarne
Although a comprehensive plan analysis is not required for a Detailed Plan, one is provided for
info~i~ational purposes. The land use component of the pending-comprehensive plan identifies
-~.this site as an area of existing neighborhoods with infill compatibility. As such, the proposed uses
are compatible with the type of service expected within a neighbOrhood center. The size and
design compatibility, however, need to be appropriate with a neighborhood Character.
1. Transportation
A. Trip generetion
The proposed development would generate approximately 2,610 trips per day if built out as retail
(see Table 1). This is 2112 more trips or three hundred twenty-four percent (324%) more than the
allowed trip generetion in a Low Intensity Area. The 1988 DDP states that if a specific request
violated the general policy of proportionate allocation a determination should then be made
whether there are planning consideretions that would warrent approval of a disproportionate
allocation of intensity, such as the location Of the proposed development in reference to existing
public facilities such as the existing street pattern and designation.
Table 1. Proposed Retail Trip Generation
Land Use Average Trip Acres Estimated Total Trip
Generation* ScI. Ft. Generation
General Retail 40.67 trips/1,000 sq. ft. -- 64,163 sq. ft. 2609.51
DDP Allowed Trip 60 trys/day/acres 8.3 -- 498
Generation
Difference ' ' 2;H2
* Calculations provided by the Institute of TransPortation Engineers, 1991.
B. Access
Access to the propOsed development will be provided to the east-west and the north-south legs
of Teasley Lane (FM 2181).
C. Road Capacity
Teasley (FM 2181) is identified as a primary major arterial road by the 1998 Denton Mobility Plan.
Teasley is currently constructed as a four (4) lane divided street without parking. As such, its
designed treffic capacity currently allows for a tolerable treffic flow of up to 19,100 trips per day.
The most recent traffic counts for Teasley indicate that there is adequate capacity to handle the
calculated trips that could be generated by the proposed development. A traffic count on Teasley
west of Lillian Miller taken on January 6, 1999 indicated a traffic volume of 9,561 vehicle trips per
day. This leaves an excess capacity of 9,539 trips, indicating that adequate capacity exists for the
proposed development. Another traffic count on Teasley south of the intersection indicated a
traffic volume of 4,299 vehicle trips per day. This leaves an excess capacity of 14,801.
Rlename
Because Teasley is identified as a primary major arterial road by the 1998 Denton Mobility Plan,
it is eventually intended to be designed as a six (6) lane divided street without parking, providing
six (6) lanes of through traffic. Once expanded, Teasley's designed traffic capacity allows for a
tolerable traffic flow of up to 27,900 trips per day.
A Traffic Impact Analysis (TIA) will be required of the developers at the time of platting. The
applicant has informed staff that a TIA is.currently Under preparation.
D. Pedestrian Linkages
Sidewalks along all public streets are required. Linkages from sidewalks to all building entrances
on the interior of the site are required per Texas Accessibility Standards (TAS).
Utilities
This site has access to existing water and sanitary sewer lines (See Enclosure 4). The existing 8-
inch water line running through the property will have to be relocated to the frontage of the property
along Teasley. Additional fire hydrants will be required to be installed at time of construction.
e
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.
Signs "
The propoSed detailed plan identifies four monument signs. All signs should be compatible with
the overall architectural theme of the development.
Sm
Off-Street Parking
New development must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances. The proposed Detailed Plan is in compliance with Code.
6, 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). The proposed
Detailed Plan is in compliance with Code.
7. Open Space and Recreational Areas
Nonresidential properties are not required to participate in the development of PUblic recreational
areas.
Rlename
8. Lighting
Lighting on the property should be designed and maintained go ns not to shine on .or therwise
disturb surrounding residential property or to shine and project upward to prevent the diffusion into
the night sky. This restriction will need to be written in as a condition of the Ordinance approving
the Detailed Plan.
9. Environmental Quality impacts
No major impacts are anticipated.
October 16, 1973 - The subject property was annexed into the City of Denton and placed in the
Single Family Dwelling (SF-10) zoning district and land use classification by Ordinance 73-27. The
property was intended to be zoned PD, but was erroneously zoned SF-10 by the wording of the
ordinance.
December 18, 1988 - The subject property's erroneous zoning was corrected by Ordinance 88-
205. The subject property was legally rezoned from Single Family Dwelling (SF-10) to Planned ..
Development 16 (PD-16).
January 22, 1991 -A Detailed Plan for the subject property was approved by Ordinance 91-007.
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, October 31,
1999. Eleven (11) property owners within two hundred feet were mailed legal notices and Eight-two
(82) residents within five hundred feet were sent courtesy notices informing them of the request (See
Enclosure 5). As of this writing, there has been One (1) response opposed to request.
A neighborhood meeting was held on the evening of Wednesday, November 3, 1999 at the South
Branch Library, Neighbors voiced a variety of concerns regarding the proposed amended detailed
plan (See Enclosures 6 and 7) and as a whole were clearly in opposition to the detailed plan as
presented,
A second neighborhood meeting has been scheduled for Monday, November 8, at 6 pm at
Houston Elementary cafeteria,
Rlename
~/hat follows is a comparison of the proposed Detail Plan with the Detailed Plan that is currently in
effect for the subject property:
Current Detail Proposed Detail
Plan Plan
Difference
Total Building Coverage 86,200 ft2 64,163 ft2 22,037 ft= reduction (25%)
Maximum Building Height 24' 35' 9' increase
Total Parking Spaces 469+ 321+ 148 less'
Plantable Area * 40,000 ft2*+ (11%_+)75,041 ft= (21%_+) 35,041 ft= more
Traffic Generation** 3,306_+ trips/day 2,610_+ trips/day 696_+ trips/day less
Trees*** 58 159 101 more
approximate
** using the Institute of Traffic Engineers' 1991 Trip Generation Manual standard for general retail of 40.67 trips per 1,000 ft~
*** 125 trees would be required per code
An analysis between the existing detailed plan and the proposed detailed plan shows that the
proposed site plan is superior. Not only for the reasons identified in the table above, but the
proposed plan also eliminates three curb cuts (two curb cuts along the northern property line and
,~"~ne along the western), 'and increases the buffer to the school site.
AlthoUgh neither the existing detailed plan nor the proposed detailed plan is in total compliance
with the 1988 Denton DeveloPment Plan (DDP)or the 1998 Denton Plan Policies (DPP), nor would
they be in compliance with the 1999 Draft Denton Comprehensive Plan, staff believes that an
analysis of the detailed plans must be tempered with the understanding that the detailed plan
approved in 1991 provided for the construction of the fire station and the library; thereby providing
a public benefit associated with the PD.
Given that the applicant is asking to amend the detailed plan, staff believes that further analysis of
the proPosal is appropriate. Given the recommendations of the 1988 DDP, the 1998 DPP and the
Draft Comp Plan, staff believes that the size of the proposed grocery store is inappropriate for this
site. An inventory of existing grocery stores (see Enclosure '10) reveals that a clear split exists
between stores that can be categorized as serving a neighborhood (20,00 :!: sq. ft. to 35,000+ sq.
ft.) and stores serving a larger region (43,000+ sq. ft. to 66,000_+ sq. ft.). Staff believes that the
size of the grocery store should be reduced to an area' less than 35,000 sq, ft.. A 30,000 sq. ft. to
35,000 sq. ft. grocery store is appropriate for servicing a neighborhood as identified in the Draft
Comprehensive plan. .
Other issues that were raised during the neighborhood meetings that need to be addressed
include:
· Architecture (amount of brick, unifying elements between the proposed buildings, including site
.~--" amenities and design details)
Rlename
Traffic (the applicant ha.s indicated that a Traffic Impact Analysis is being conducted and
should be completed prior to the P&Z hearing)
Safety (Ho~/to prevent cars from traveling into the school site bus loop, pedestrian' Safety, F'"
especially school children along Teasley)
Preserving existing site vegetation.
Storm Drainage
Due to the amount of public concern and the number of issues raised at the neighborhood
meeting, staff recommends that Z-99-081 be continued to provide the applicant time to provide
additional information related to a floor plan of the proposed gmce~ store, signage details,
arcMtectural details, safoty issues, traffic, drainage and other concerns raised by the board or
citizens.
Conditions that could be placed on an approval of Z-99-081 include:
That the amount of square footage allocated towards grocery sales be limited to a
maximum of 35,000 square feet.
That 80% of all exteriors be brick masonry.
That signage be limited to a monument style with architectural details to blend with the
proposed buildings.
That the northwestern most parking 10t be reduced in size to provide additional buffering to
the school site and to preserve as many ex[sting trees as possible.
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.
I move to continue Z-99-081 to the next scheduled meeting.
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
Rlename
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Proposed Detailed' Plan
Vicinity Map
Zoning Map
Utility Map
200'-500' Notification Map'
Neighborhood Meeting Sign-in Sheets for November 3, 1999 (6 pages)
List of Concerns Expressed By Citizens at Neighborhood Meeting (2 pages)
1988 Denton Development Plan (DDP) Policies
1998 Denton Plan (DP) Policies (2 pages)
Inventory of Grocery Stores
Existing Ordinance with existing Detailed Plan (8 pages)
Site Photographs
IRlename
ENCLOSURE 1
~1
o!
!
De~le~ S~te Plan
i492.S~
" 'ENCLOSURE 2
,-~,,-99-081 (PD-16 Detailed Plan)
NORTH
VICINITY MAP
Agenda Date: November 10, 1999
Scale: None
11.
ENCLOSURE 3 ·
~-~Z-99-081 (PD-16 Detailed Plan)
NORTH
ZONING MAP
.d
Agenda Date: November 10, 1999
Scale: None
ENCLOSURE 4 ~
~7,-99-081 (PD-16 Detailed Plan)
NORTH
UTILITIES MAP
Hydrants
Water Line (W. L.)
Sewer Line (S. r.)
Ii
Agenda Date: November 10, 1999
Scale: None
13.
ENCLOSURE 5
~,99-081 (PD-16 Detailed Plan)
NORTH
Elementary School
200'-500' NOTICE MAP
Agenda Date:
November 10, 1999
Scale:
jl~
None
ENCLOSURE 6 /
15.
17.
18.
ENCLOSURE 7
Z-99-081 (PO-16 Detailed Plan)
Comments and concerns raised at the November 3, 1999
neighborhood meeting
Site Issues
· What about lighting? I don't want the glare from all those lights shining into
my bedroom.
· You should use footlighting or lighting bollards instead of light poles.
· We want the buildings to have a brick exterior.
· The design of the site needs to be unified; the Eckerds and the Wal'Mart
need to have the same amhitectural look.
· We want monument signs instead of pole signs.
· What affect will this development have on drainage and flooding?
· Why are all the trees being bulldozed? Why can't some of the trees be
saved?
Operational Issues
· What about smells and noise coming from truck loading dock?
· A 24-hour store will generate noise and traffic at all hours of the night and it
might attract crime as well. We do not want a 24-hour store operating in our
neighborhood.
· ' Since Wal'Mart is a discount operation, is this going to be a discount grocery
store? What kind of people will this business attract?
Use & Zoning Issues
· This "Neighborhood Market" concept has been identified as part of a year-
long test marketing scheme by the Dallas Morning News. What happens if the
store fails or if Wal'Mart decides to pull the plug on this concept? We do not
want to be stuck with an empty building.
· Wal'Mart is a high-volume retail operation. I don't think their business
philosophy is applicable to a grocery store. I think their concept is destined to
fail.
· Why would Eckerd's build where another pharmacy is located?
· Why can't the zoning at this corner be changed by the city?
· Why are these old PD plans still valid? The city needs to go back and do
some rezoning.
· Why not other uses, such as an office complex? Why does it have to be
retail?
· This is not an appropriate development next to an elementary school.
November 3, 1999 neighborhood meeting (continued)
Traffic & Safety Issues
· How much new traffic will this development generate?
· What about congestion caused by people entering and exiting the
development?
· Where should the driveways go?
· Why can't the number of driveways be reduced?
· What about children being run over by the increased traffic this will bring?
· What about shoppers pulling out into the bus loop?
Other Issues
· What kind of effect will the development have on my property values?
· Why can't Wal'Mart try this concept in one of the empty Food Lion stores on
the north side of town?
· There is nothing we need from this development that we don't already have.
?-.The 1988 Denton Development Plan (DDP) shows this area to be Within a Low Intensity Area.
;hese areas are intended to be developed primarily for single family residential development.
Neighborhoods are to be serviced by a network of small commemial/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 flnds 'the proposed zOning to be inconsistent
with both the policies and trip intensity standards of the 1988 DDP.
The table below provides a summary of the 1988 Denton Development Plan policies applicable to this
project:
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development Rating vs. Policy
51gnificanUy Somewhat
POLICY COMMENTS Inconsistent Inconsistent Consistent
Intent. These areas represent primary
housin§ areas within the Ob/with small
retail centers at 1/~ mile Intervals. X
Zntenslty. To be consistent with the Nlowed [ntensib/= 60 trips/acre
Plan, a development should not exceed its Allocated Intensib/= 498 trips/site
allocated intensity.
(the location next to two Primary Hajor
' Arterials allows for Increased Intensity) X
Site Plan Control. Strict proPerty PD provides site plancontrol
development control within 1,600 Feet of
ex~ng Iow.denstb/residential areas. X
Traffic Design. A__r~s___ should be
provided to ensure that mulU-family or
non-residential uses have access to
collectors or larger arterials with no direct
access through residential streets. X
Open Space, Suffident green space, Heets landscape ordinance
recreational fadllties and diversity of parks
are provided, X
Public ParUdpaUon, Input Into
planni~j by neighborhood assodaflons and
coundls ls encouraged. X
Land Use Diversity, Non-rasldenUal and
multi-family development Is encouraged to
a limited degree, X
Manufactured Housing, This form of Not applicable,
single-family housing may be compaUble
with developments In the Iow Intensity
areas subject to conditions,
Strip Commerdal, Any form of The proposed plan Is not Identified as
continuous st~p commerdal Is strongly 'strtp" commerdal
discouraged In/or near Iow Intensity areas, X
Rlename
23.
.__~The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in .
~,valuating the consistencY of proposed development with the long range vision for the city, Staff
finds the proposed zoning to be inconsistent with the policies of the 1998 DP,
The table below provides a summary of the 1998 Denton~Plan Policies applicable to this project:
Denton Plan
Policy Analysis Summary
Development Rating vs. Policy
CATEGORY POL1;CY ]nconsistent :~_~e~;~; Consistent
Transportation. Compliments Denton's Long-Range Thoroughfare Plan. ,~.~.;~-~t~ ~.--'~-~';~9';~"~:~: X
Promotes Access Hanagement Practices "
Optimizes operations for emergency service providers and
other public service providers. ::;;~"~;~J~ X
PromOtes public transportation system. : -~-~;~'~ =~ ~ X
Conbtbutes to the Denton Trails network.
Stormwater Drainage. Protects ZOO-year floodplain areas In accordance with
Denton's watershed management plans. :
Conforms to local subdivision regulations.
Contributes to regional detention fadlities.
Provides for natural ~parian environment along floodplain.
Upgrades exi~ng substandard drainage systems as Infill -
and redevelopment occur. :~~- .X
Water and Develops and maintains propert~ and private
Wastewater. 'infrastructure. ~:: X
Creates opportunity for oversizing water and wastewater
lines to meet future development demands.
Provides review of proposed water and wastewater :~.~;~,-<~-. ~_,.
Infrastructure to ensure public safety and health.
~~: x
Promotes Infill Improvements over new line extensions. ~-~; X
Elect~c. Provides underground electric service for new residential
and nonresidential development. : ~~ X
Solid Waste. Promotes effident a~em to all development for solid
waste se~ce delivery. [;~ X
Parks and Recreation. Locates parks and recreation fadlities In accordance with
the Parks and Eecreation Strategic Plan.
Enhances parks and recreation opportunities for residents.
Preserves floodplain for parks and open space to aid In
floodplain conservation efforts.
Nlows combining of parks with other public fadlities to
achieve cost-effective delivery of public services.
ResidenUal development should dedicate land or fees in
lieu of land for neighborhood parks.
Enviranmental Quality. Promotes preservation of natural resources.
Integrates environmental protection with economic
growth and community development. .~X_~
Rlenan~
24.
11
Denton Plan
Policy Analysis Summary
Development Eating vs. Policy
Not
CATEGORY POLICY Inconsistent Applicable Consistent
Neighborhoods. Provides access to public and community fadlitJes for
residential neighborhoods.
Encourages a mixture of land uses that benefit residents.
Protects and preserves existing neighborhoods. X
Promotes bicycle and pedestrian traffic within and
between neighborhoods to reduce vehicular I~ips. ........ ~=~,~.~ <~.~ ~,~, X
Housing. Provides a range of housing types that appeal to differing
economic and individual life-styles.
Offers a variety of single-family lot sizes, building sizes,
and price ranges.
Preserves eHsting housing, Induding affordable housing.
[hcreases infill housing opportunities.
Economic Contributes to a strong and diversified local economy by
Diversification. Increasing employment and expanding the tax base. ~,~ X
Government, Encourages Intergovemmental coordination to provide
cost-effective public serviceS. ~ ~,~ X
Urban Design. Addresses community appearance In a comprehensive
manner. I X
Diversifies architectural'appearance of built environment. ~,~.~! X
Neighborhood infill development should be compatible
with existing land uses and buildings. X i
Protects and preserves Denton's archib%tural, culLural and .........
historical resources.
Enhances the appearance along major entranceways.
Promotes the preservation of trees and landscaping. X
Public ~nvolvement. Provides an opportunity for public opinion during the
planning pro,?m. (¢~ r X
Rlename
25.
ENCLOSURE 10
-..]< .
Inventory of Grocery Stores
Store Address Size (Sq. Ft.) ClaSsification
Wal-Mart Loop 288 Large RegiOnaI
Albertsons 2434 S. 1-35E 66,800 Community
Albertsons 2321 W. University . 61,000 Community
Kroger 2231 S. Loop 288 48,000 Community
Kroger 500 W. University 46,700 Community
Winn-Dixie 719 S. 1-35E 45,000 Community
Sac-N-Save 1500 N. 1-35E 43,600 Community
Piggly Wiggly 619 E. Sherman 33,500 Neighborhoods
,Food Lion 1505 E. McKinney 31,100 (Vacant) Neighborhoods
Food Lion .. 3020 N. Locust 28,400 (Va,cant) Neighborhoods
Winn-Dixie 600 W. University 27,300 (Converted) Neighborhoods
Piggly Wiggly 3601 E. McKinney 21,300 Neighborhoods
Piggly Wiggly Acme @ Ft. Worth 20,300 (Vacant) Neighborhoods
The Cupboard Congress @ Elm 15,900 Specialty
Source:
Telephone survey, October 25, 1999
City of Denton GIS building
Rlename
26.
ENCLOSURE 11 ~..
'." " .- ORDINANCE NO. '~ ..... "' '
PLAN FOR -1'1.20. ACRES` OF .T~E 'PLANNED DEVELOPMENT' DISTRICT LOCATED AT
THE SOUTHWEST' CORNER OF LIT.LTAN MIr,T.~.R PARKWAY AND TEAST.~y LANE;
PROVIDING FOR A PENALTY IN THE HAXIMUM AMOUNT 'oF $2,000 FOR
VIOLATIONS THEREOF; 'AND PROVIDING FOR AN EFFECTIVE DATE.
WHER~S, NCNB Texas National Bank and the City of Denton have
petitioned for the approval of a new detailed plan for 11.20 acres
of.a planned development district; and
WHE~F%S, on January 9, 1991, ' the Planning and Zoning
Comm~ssion recommended approval of the new plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY bF DENTON HEREBY ORDAINS:
SECTION I. That for the property described in Exhibit A,
attached to and incorporated into this ordinance by reference, the
new detailed plan shown as Exhibit B, also attached to and
incorporated into this. ordinance by reference, is approved for the
· district in accordance with article 11 of Appendix B-zoning of the
Code of Ordinances. ~ .
· ~ That any person violating any provision of this
ordinance' shall, upon conviction, be fined a s,~ not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate ·and distinct offense.
· u~ That thi~ 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 (10) days of the
date of its passage.
PASSEDAND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYAp~-
DEBRA A. DRAYOVITCH, CITY ATTORNEY
27.
EXHIBIT A
FIELD NOTES
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the C. Poulallier Survey A-1006 and being all'of
a tract shown by deed to 'FIRST NATIONAL BANK, TRUSTEE recorded in
Volume 718, Page .57'Deed Records
of a tract deeded to t of Denton.County. Texas and a
Page 334 Deed RecOrds ~d %t~33 37 _Te~as recorded in Volume ~0~!
· ,, Q~u part or a tract shown by deed
the City of Denton, Texas recorded in Volume 2423, Page 154 Real
Property Records and being more particularly described as follows:
BEGINNING at the northwest corner of said First National Bank
tract and in the existing southerly right-of-way line of F.M.
2181 and in a curve to the right whose radius is 671.2', and
central angle is 4° 55' 27";
THENCE easterly along said curve and right-of-way an arc distance
of 57.68' to a point;
THENCE north 70° 14' 16" east and crossing the State of Texas
tract 62.74' to a point;
THENCE south 89° 43' 04" east a distance of 422 60' to a point
for a corner; ·
THENCE south 1o 04' .i7" east a di~rtance .of '290.74' to a point
in the nOrtherly right-Of-way line/6f F.M. 2181;
THENCE. south 1° 46" 45" east' a~d crossing F.M. 2181 a distance
of 366.43' to a point for a corner;
THENCE south lo 10' 05' east a distance 'of 293.21' to the
southeast corner of said First National Bank tract;
THENCE south 88° 49' 55" west with the south line of said First
National Bank tract 493.17' to its southwest corner;
THENCE north 1o 10'
for a corner;
THENCE north 24° 23'
for a corner;
THENCE north 1O 10' 05" west a distance of 334.0'
of Beginning and containing 11.20 acres of land.
05" west a distance of 504.7' to a point
00' west'a distance of 123.63' to a point
to the Point
0707E/58
DEV£LOPNr-NT STANDARDS
CONC ~-PT PLAN EXHIBIT
DETAZLBD PbAN
Statement of Zntent of Owner=
Redesign ex/stin~ PD 16 which is for retail use~ to include the southwest corner
of Lillian Miller Parkway and Teaslez Lane and include a tract to he used for a
new libYary and fire station. There is"no increase fn square footaRe for retail
uses and the size of the ~etail tract has decreased by almost an acre.
e
Statement Indicating Relation to Denton Development Guide:
Development standards are stated on the site plan and conditions.
If not other-
wise stated, than the appropriate standards in the Denton Development Guide prevail
3. Total Number of Acres in Proposed District:
11.2056 acres
4. band Uses and Total Number of Acres in Each Parcel or Tract:
a. Single Family Detached
b. Slngle.~amily Attached,(townhouses, cluster, etc.)
c. Attached Patto~Garden/Zero hot Line
d. Duplex
e. Nulti-~amiiy
f. Office
g. Neighborhood Service
h. General Retail
i. ¢ommerola~
bigh~ Zndustcia!
k. Heavy Indust=ial
1. O~het (specify)
Institutional
Total Proposed Acreage
OaVeiopme~ $=andacd_~F ~
Page 2 (,_/i;
'.5.
Oft-site ZnEormacion - ad~acent or surrounding Za. nd uses, zoning, Streets,
drainage Eacilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.)
Tra~f£c and Transportation - indicate existing and proposed streets, packing lo:s,
loading areas, access points. (Shown on concept or detailed plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
6,467 trips Note: The only increase is [,295 trips attributed to the institution:
uses since the retail exist in PD 16.
Buiidings~
a. App:oximate location. (Shown on concept or detailed plan.)
b. Maximum height:
one story, 24 feet
c. Minimum setbacks: (Shown on concept or detailed plan.)
Per Code
de
Maximum gross floor area (square feet) loc nonresidential=
Library - 30,000 sg. ft.'{ fire station 7=000 sq. ft.~ retail-office u~es _
86,200 sq. ft. '
"Residential Subdivision=
a. Number of units per acre (density):
N/A
b. Number and location of lots: (Shown on concept or detailed plan.}
c. Minimum size, width and depth of lots= (Shown on concept or detailed plan.)
d, Minimum e~ont, side and rear yard setbacks= (Shown on concept oc detailed p~an.)
PageOeV~l°pmen~3 ~Candaca~ ,i C '
Water and Dca£nage - approximate location oE all existing o~ p~o~osed creeks,
ponde, lakes, E£oodplaina, other water retention ~r major d=a£nage facllit£es
and improvements. (Shown on concept or detailed plan.}
10.
Utilities -'location oE all major sewer, water or elect=Lcal lines and fac£1£ties.
(Shown on concept o~ detailed plan.) '
Location of tcees 3' in diameter - six (6) ~ee~ from g~ound level.
(Shown on concept o~ detailed plan,)
12.
Open space - location and s£ze of greenbelts, parks, common and rec=ea=ional aceas.
(Shown on concept or detailed plan.)
Per Plan
13.
Screening - location, type and size of all fences, be=ms o= screening features.
(Shown on concept or detailed plan.)
Per Plan
14.
Dev'elopment Schedule (concePt plan) - showing specific date detailed plan will
be subm£tted, date to start construction and complete construction, and rate of
development. AIl dates should indicate month and year.
Detail Plan submitted
ADDITIONAL REQUIRESENTS FOR. A DETAILED
15. Landscaping Plan -majo= featuces and types of landscaping to be used.
See Plan
r. evelot=menc Scanaac,~s~; ,..'
t=age 4 ._ '
16.
Signs - show location, ty~e and size on detaLled plan~ otherwise, signs must
conform to ArtiCle 17 oE khe Zon£ng Ordinance.
Wfll conform to Artfcle 17
17. sidewalks. (Shown,on detailed' Plan.}
18. All information required for preliminary plat 'in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate prat is reguired.)
19.
Development Schedule (detailed plan} - indicating start and completion of
construction and the rate of development. All'dates should indicate month
and year.
ab
3/87
llli'llil: ':fl :J
-'i,- iii
:],,lj] Il l
;!;I j j J
1
PO II ZONING
Z-90-016
TABT,~. OF PERMITTED'USES
RETAIL SALES ESTABLISHMENT: Any establishment wherein the primary
occupation iS'the'Saie or rental of merchandise or goods in small
quantities, in broken lbts or parcels, not in bulk, for use or
consumption by the immediate pUrchaser. For the purpose of this
Ordinance, however, retail sales establishments shall not be deemed
t? include mortuary or funeral parlor, off-premise sale of beer and
wine, paWn shop, second-hand stores,' used furniture or rummage
sale, animal clinic or hospital with outside runs or pens.
PERSONAL SERVICE ESTABLISHMENT: Any building wherein the primary
occupation is the repair, care of, maintenance or customizing of
personal properties that are worn or carried about the person or
are a physical component of the person. For the purpose of this
ordinance, personal service establishments shall include but need
not be limited to barber shops, beauty parlors, pet grooming
establishments, laundering, cleaning and other garment servicing
establishments, tailors, dressmaking shops, shoe Cleaning or repair
shops, and other similar pIaces of business..
OTHER PERMITTED USES
Eating Establishments
Safe Deposit Boxes
Business Schools
Medical Offices'
Health Studios
Auto Laundry
Fire Station or
Similar Public
Safety Building
Gasoline Service Station
Day Nursery or Kindergarten School
Public Library
Theater less than 500 seats
Financial Institutions
Travel Agency
Professional Offices
Small Appliance Repair shOPs
ENCLOSURE 12
Z-99-081 (PD-16 Detailed Plan) PHOTOS
hoto 1. A view of the site from the nodhwest
)rner of Teasley and Liliian Miller.
Photo 2. Looking north from the site across
Teasley.
into 3. Looking east from the site across
+asley.
,?~5' A view of the site from the South
Library.
-16 Det¢~iled Pla. P~otos
Photo 4. Looking west from the site at Sam
Houston Elementary School.
Photo 6. Looking south from the site at the
South Branch Library.
Handout to Council 1/25/00. o
215 E. McKINNEY DENTON, TEXAS 76201 * (940) 349-8307 * FAX (940) 349-8596
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
January 25, 2000
Mayor and Members of the City Council
Michael W. Jez, City Manager
Property at Teasley Lane & Lillian Miller parkway
Earlier today an individual left the attached letter asking that we forward this to you for your
information. This letter pertains to item 1.b. in the Special Called Session, the RNW Addition.
City
"Dedicated to Quality SerVice"
www. cityofdenton, corn
DELIVERED BY MESSENGER
December 2, 1999
Mr. Tom Caldwell
The Sheldon Development Company
14643 Dallas Parkway, Suite//910
Dallas, Texas 75240
BankofAmerica
PO Box 83150';
"" Tel
.f -~.:' Fei<
Re: Teasley Lane & Lillian Miller Parkway, Denton
Dear Tom:
You have asked me to give you a brief history of the Alexander family's ownership of the
property at Teasley Lane and Lillian Miller Parkway and our dealings with the City of Denton
and the Denton Independent School District. Enclosed is a graphic that helps illustrate the story.
Our banl~ pnrchased the property in 1974 as an investment for the Alexander family. It had strait
· retail zoning when we bought it. it also had frontage on the original Teasley Lahe which curved
around the northeast side of the property. Later, Teasley was straightened toT into Lillian Miller
Parkway, but the curved Teasley continued to be open to traffic.
In 1988 the Denton'Fire Chief contacted ns regarding the possibility of having the Texas
Department of Transportation abandon the curved Teasley. The City of Denton had acquired the
triangle formed by the curved Teasley and the straightened Teasley and wanted to build a fire
station there. Since the site was too small for their needs, they wanted to have TXDOT abandon
the curved Teasley and sell it to the City. Our consent was required to have the street abandoned
and to allow the City to purchase the portion of the right-of-way that fronted on the Alexander
property.
Recognizing that the triangle ~vas an inefficient site for the fire station (a fact the Fire Chief
readily acknowledged), we suggested that the City acquire the right-of-way from TXDOT and
exchange it for a better site at the south end of the Alexander property. When the transaction was
eventually consummated, the Alexanders received 1.962 acres and the City received 2.83 acres
plus a 30-foot access/egress easement that they had to have in order for their returning fire trucks
to have a sufficient turning radius. The size and shape of the City's tract made it possible for the
City to build library on the ~ite in addition to the fire station. Despite the difference in the size of
the exchange parcels and the granting of the easement, the Alexanders did not ask for an)'
monetary consideration. ' .....
Mr. Tom Caldwell
December 2, 1999
Page 2
Because of factors involving TXDOT and the City, it took nearly'three years to complete the
exchange, and at several points the City was prepared to abandon the plan and build the fire
station on the triangle. The exchange obviously benefited both tire Alexanders and the City;
however, it would not have happened if we had not persisted in our efforts to bring it about.
Because the triangle was zoned for municipal use, we applied to have it changed to retail in order
to conform to the rest of the Alexander tract. At the City's request, tire entire property was
rezoned as a Planned Development with the site plan that exists today.
T`,vo years after the exchange ,,vas consummated, the Denton Independent School District
reqnested that we grant them an access/egress easement across the same easement that had been
granted to the City. The easement was needed in order for parents to drive into the back of Sam
Houston Elementary School to drop off and pick up their children, thus avoiding the traffic on
Teasley Lane. The Alexanders granted the easement without hesitation and asked for no
monetary consideration.
· The Alexander Family has exercised exemplary cooperation and good citizenship in its dealings
xvith the City and the School District. :I hope this will be taken into consideration when they
again conside? your site plan ame'ndment.
Very truly 5~. urs, ,/
Howard Compton, CPM, CCIM
Vice President
(214) 209-1628
cc: John A. Alexander
EL~,MENTARY $CIIOOL TRACT
LILLIAN MILLER PARIOYAY
ELE~IENT~¥ SCIIOOL TRACT
LILLIAN MILLER PARIGYAY
CONCEPT SITE PLAN
LILLIAN MILLER & TEASLEY
DENTON, TEXAS
GOOD FULTON & FARRELL ARCHITECTS
Deloitte &
Touche
Ö
DeloitteTouche
Tohmatsu
City of Denton, Texas
Reporl to Management
Year Ended September 30, 1999
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CITY OF DENTON, TEXAS
TABLE OF CONTENTS
Auditor Prepared
Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting
Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
Standards
1-2
Independent Auditors' Report on Compliance with Requirements Applicable to Each Major
Program and Internal Control Over Compliance in Accordance with OMB Circular A-133
3-4
Auditee Prepared
Supplementary Schedule of Expenditures of Federal and State Awards
5-6
Notes to Supplementary Schedule of Expenditures of Federal and State Awards
7
Auditor Prepared
Schedule of Findings and Questioned Costs
8
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Deloitte &
Touche
0
Deloitte & Touche LLP
Suite 2950
301 Commerce Street
Fort Worth, Texas 761 02
Telephone: (817) 347.3300
Facsimile: (817) 347-3380
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL
OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
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The Honorable Mayor and Members of the City Council
City of Denton, Texas:
I
We have audited the general purpose financial statements of the City of Denton, Texas, ("City") as of
and for the year ended September 30, 1999, and have issued our report thereon dated December 23,
1999. We conducted our audit in accordance with generally accepted auditing standards and the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
Comoliance
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As part of obtaining reasonable assurance about whether the City's general purpose financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct
and material effect on the determination of financial statement amounts, However, providing an
opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do
not express such an opinion, The results of our tests disclosed no instances of noncompliance that are
required to be reported under Government Auditing Standards,
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City's internal control over financial
reporting in order to determine our auditing procedures for the purpose of expressing our opinion on
the general purpose financial statements and not to provide assurance on the internal control over
financial reporting, Our consideration of the internal control over financial reporting would not
necessarily disclose all matters in the internal control over financial reporting that might be material
weaknesses, A material weakness is a condition in which the design or operation of one or more of
the internal control components does not reduce to a relatively low level the risk that misstatements in
amounts that would be material in relation to the financial statements being audited may occur and not
be detected within a timely period by employees in the normal course of performing their assigned
functions, We noted no matters involving the internal control over financial reporting and its
operation that we consider to be material weaknesses, However, we noted other matters involving the
internal control over financial reporting that we have reported to the management of the City in a
separate letter dated December 23,1999.
DeloitteTouche
Tohmatsu
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This report is intended for the information and use of the Mayor and City Council, management and
federal and state awarding agencies and pass-through entities and is not intended to be and should not
be used by anyone other than these specified parties.
l)~; í~
LI..P
December 23,1999
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Deloitte &
Touche
0
Deloitte & Touche LLP
Suite 2950
301 Commerce Street
Fort Worth, Texas 76102
Telephone: (817) 347.3300
Facsimile: 1817) 347-3380
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS
APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER
COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
Comoliance
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We have audited the compliance ofthe City of Denton, Texas ("City"), with the types of compliance
requirements described in the US, Office of Management and Budget (OMB) Circular A-I33
Compliance Supplement that are applicable to each of its major federal and state programs for the year
ended September 30,1999. The City's major federal and state programs are identified in the summary
of auditor's results section ofthe accornpanying schedule of findings and questioned costs,
Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its
major federal and state programs is the responsibility of the City's management. Our responsibility is
to express an opinion of the City's compliance based on our audit.
We conducted our audit of cornpliance in accordance with generally accepted auditing standards; the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations, Those standards and OMB Circular A-133 require that
we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the
types of compliance requirements referred to above that could have a direct and material effect on a
major federal or state program occurred, An audit includes examining, on a test basis, evidence about
the City's compliance with those requirements and performing such other procedures as we considered
necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion,
Our audit does not provide a legal determination on the City's compliance with those requirements,
In our opinion, the City complied, in all material respects, with the requirements referred to above that
are applicable to each of its major federal and state programs for the year ended September 30, 1999,
Internal Control Over Compliance
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The management of the City is responsible for establishing and maintaining effective internal control
over compliance with requirements of laws, regulations, contracts and grants applicable to federal and
state programs, In planning and performing our audit, we considered the City's internal control over
compliance with requirements that could have a direct and material effect on a major federal or state
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program in order to determine our auditing procedures for the purpose of expressing our opinion on
compliance and to test and report on internal control over compliance in accordance with OMB Circular A-
133.
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Our consideration of the internal control over compliance would not necessarily disclose all matters in the
internal control that might be material weaknesses. A material weakness is a condition in which the design
or operation of one or more of the internal control components does not reduce to a relatively low level the
risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be
material in relation to a rnajor federal or state program being audited rnay occur and not be detected within a
timely period by employees in the normal course of performing their assigned functions. We noted no
matters involving the internal control over compliance and its operation that we consider to be material
weaknesses,
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Schedule of Exoenditures of Federal and State Awards
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We have audited the general purpose financial statements of City of Denton, Texas, as of and for the year
ended September 30, 1998, and have issued our report thereon dated December 23, 1999, Our audit was
performed for the purpose offorming an opinion on the general purpose financial statements taken as a
whole. The accornpanying schedule of expenditures of federal and state awards is presented for the purpose
of additional analysis as required by OMB Circular A-] 33 and is not a required part ofthe general purpose
financial statements, This schedule is the responsibility ofthe management of City of Denton, Texas, Such
information has been subjected to the auditing procedures applied in our audit of the general purpose
financial staternents and, in our opinion, is fairly stated, in all rnaterial respects when considered in relation
to the general purpose financial statements taken as a whole,
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This report is intended for the information and use of the Mayor and City Council, management and federal
and state awarding agencies and pass-through entities and is not intended to be and should not be used by
anyone other than these specified parties,
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December 23, ]999
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CITY OF DENTON, TEXAS
SUPPLEMENTARY SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS
YEAR ENDED SEPTEMBER 30, 1999
Federal Grantor! Federal Passed
Pass-Through Grantor! Grant CFDA Through to
Program Title I.D. Number Number Expenditures Subrecipients
U S Deoartment of Housin.
and Urban Develnoment
Community Development Block Grant B-94-MC-48-0036 14,218 10,555
Community Development Block Grant B-95-MC-48-0036 14,218 11,323
Community Development Block Grant B-96-MC-48-0036 14.218 197,593
Community Development Block Grant B-97-MC-48-0036 14,218 365,138 $ 27,111
Community Development Block Grant B-98-MC-48-0036 14,218 734,112 149,547
Community Development Block Grant B-99-MC-48-0036 14.218 53,535
Home Investment Partnership M-94-MC-48-0223 14,239 47,371
Home Investment Partnership M-95-MC-48-0223 14,239 104,327
Home Investment Partnership M-96-MC-48-0223 14.239 167,240
Home Investment Partnership M-97-MC-48-0223 14.239 83,792
Home Investment Partnership M-98-MC-48-0223 14,239 191,890
Home Investment Partnership M-99-MC-48-0223 14,239 ~
Total U,S, Department of Housing
and Urban Development 2,028,190 176,658
U S Deoartment of the Interior
National Park Service
Texas Historical Commission 48-94-90065.006 15,914 1,261
II S Deoartment ofTransoortation
Passed Through State Department
of Transportation:
Federal Transportation Grant (1) TX-90-X416 20.507 10,827
Federal Transportation Grant (I) TX-90-X446 20,507 690,501
Federal Transportation Grant (I) TX-90-X474 20,507 40,956
National Maximum Speed Limit 589XXF6020 20,600 42,374
Occupant Protection Grant 589XXF6028 20,600 20,090
Teen Sell Then Jail Grant 589XXF6023 20,600 20,737
Intersection Traffice Control Grant 589XXF6025 20,600 25,063
Total U,S, Department of Transportation 850,548
U S Deoartment of Justice
COPS Ahead 95CCWX031 I 16,726 845,325
Delinquency Preventionllntervention JT-98-J07-13805 16,540 155,205
Local Law Enforcement Block Grant 97-LB-VX-2858 16,592 168,098
Total U, S, Department of Justice 1,168,628
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CITY OF DENTON, TEXAS
SUPPLEMENTARY SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS
YEAR ENDED SEPTEMBER 30,1999
Federal Grantorl
Pass-Through Grantorl
Program Title
Grant
I.D. Number
U S Deoartment of A.riculture
Passed through State Department
of Health and Human Services:
Food Services Grant
061-1002
Federal Environmental Protection A.encv
EM PACT Grant
R827065-01-9
Total Environmental Protection Agency
Total Federal Programs
Office of the Governor - Criminal
Justice Division
Family Services Unit
Confiscated Property
Tobacco Compliance
SF-00-A23-14621
S855
Total Office ofthe Governor
Telecommunication Infrastructure
Fund Board
QE-1999-LTAIS-1
Total State Programs
TOTAL FEDERAL AND STATE A WARDS
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Federal
CFDA
Number
Expenditures
Passed
Through to
Subrecipients
10,559 ~
66,708 ~
88,889
4,175,277
N/A
N/A
N/A
N/A
57,671
26,565
~
87,545
~
164,214
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$4,339,491
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CITY OF DENTON, TEXAS
NOTES TO SUPPLEMENTARY SCHEDULE OF EXPENDITURES OF FEDERAL AND
STATE AWARDS
SEPTEMBER 30,1999
t.
BASIS OF ACCOUNTING
The supplementary Schedule of Expenditures of Federal and State Awards is prepared on the
modified accrual basis of accounting, Expenditures are recognized when they become a demand
on current available financial resources. Encumbrances are used during the year for budgetary
control purposes and lapse at fiscal year-end.
2.
REPORTING ENTITY
The City of Denton, Texas, for purposes of the Supplementary Schedule of Expenditures of
Federal and State Awards includes all the funds of the prirnary governrnent as defined by GASB
Statement 14,
3.
PASS-THROUGH AWARDS
The City of Denton receives certain federal awards from pass-through awards of the State of
Texas. The amounts received are commingled by the State of Texas with other funds and cannot
be separately identified. The total amount of such pass-through awards is included on the
Supplementary Schedule of Expenditures of Federal and State Awards,
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CITY OF DENTON, TEXAS
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED SEPTEMBER 30,1999
I. Summary of Auditors' Results:
1. Type of auditor's report issued on the financial staternents: unqualified
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2. No internal control findings required to be reported in this schedule were disclosed in the audit
of the financial statements.
3. Noncompliance which is material to the financial statements: none,
4, No internal control findings required to be reported in this schedule were disclosed in the audit
of compliance of the major programs,
5. Type of auditor's report on compliance for major programs: unqualified,
6. Did the audit disclose findings which are required to be reported under See, _5IO(a): j]Q,
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7. Major programs include:
U, S, Department of Housing and Urban Development
Home Investment Partnership CFDA #: 14,239
U, S, Department of Justice
COPS AHEADlUniversal Hiring
CFDA #: 16,726
8, Dollar threshold used to distinguish between Type A and Type B programs: $300.000,
9, Low risk auditee: roo
II.
Findings Related to the Financial Statements:
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The audit disclosed no findings required to be reported,
III. Findings and Questioned Costs Related to the Federal and State Awards
The audit disclosed no items required to be reported.
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Deloitte &
Touche
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DeloitteTouche
Tohmatsu
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City of Denton, Texas
Single Audit Repolts
Year Ended September 30, 1999
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Touche
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Deloitte & Touche LLP
Suite 2950
301 Commerce Street
Fort Worth, Texas 76102
Telephone: 1817) 347-3300
Facsimile: 1817) 347-3380
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December 23, 1999
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Honorable Mayor and Members of City Council
City of Denton, Texas:
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In planning and performing our audit of the general purpose financial statements of the City of the
Denton, Texas (the "City") for the year ended September 30,1999 (on which we have issued our report
dated December 23, ] 999), we considered its internal control in order to determine our auditing
procedures for the purpose of expressing an opinion on the general purpose financial statements and
not to provide assurance on the City's internal control. Such consideration would not necessarily
disclose all matters in the City's internal control that rnight be material weaknesses under standards
established by the American Institute of Certified Public Accountants. A description of the
responsibility of management for establishing and maintaining the internal control, and of the
objectives of and inherent lirnitations in such controls, is set forth in the attached Appendix, and should
be read in conjunction with this report, A material weakness is a condition in which the design or
operation of one or more of the internal control components does not reduce to a relatively low level
the risk that misstatements caused by error or fraud in amounts that would be rnaterial in relation to the
financial statements being audited rnay occur and not be detected within a timely period by employees
in the normal course of performing their assigned functions. We noted no matters involving the City's
internal control and its operation that we consider to be material weaknesses as defined above.
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The recommendations included in this report concern administrative and operating matters that resulted
from our observations during our audit and are not based on a special study.
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This report is intended solely for the information and use ofthe City Council, managernent and
appropriate federal and state agencies, and is not intended to be and should not be used by anyone other
than these specified parties, We would be pleased to discuss these observations and recommendations
further with you and to assist you in implementing them,
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Yours truly,
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Deloitte Touche
Tohmatsu
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NEW ACCOUNTING STANDARD
Observation
In June 1999, the Governmental Accounting Standards Board ("GASB") issued its Statement No, 34, "Basic
Financial Statements - and Management's Discussion and Analysis - for State and Local Governments," This
statement will require dramatic changes to the way that the City collects information about transactions,
records certain transactions in its ledgers, and reports its financial information in accordance with generally
accepted accounting principles,
Statement No. 34 changes the framework of financial reporting for state and local governments and represents
an important change in the history of accounting and financial reporting for state and local governments. A
partial list ofthe requirements of this new standard follows:
Management's Discussion and Analysis ("MD&A") - similar to what is required by public companies
when reporting to the Securities and Exchange Commission
Govemmentwide financial statements on a full accrual basis
Statement of activities on a "cost-of-service" basis
Separately reporting only rnajor funds (as defined in the statement)
New definitions of fund types
Cash flow statements must be prepared using the direct method
Recording infrastructure assets
Depreciating all fixed assets
Budget comparisons, including original and amended budgets, as required supplemental information
Several of these changes may require significant research and preparation on the part of the City prior to the
year of implementation,
Recommendation
Obtain an understanding of the provisions of Statement No, 34. Management should determine a plan of
action with regard to implementation of this statement. The plan might include such things as redefining the
funds used by the organization, the availability of data (for example, the cost of fixed assets), the ability ofthe
organization to collect and summarize the necessary data (for example, direct and indirect costs of activities
for reporting on the statement of activities), the expected time line for gathering this information and the
resources available or to be procured to achieve that time line, Should additional resources be determined to
be necessary, appropriate funding and budget adjustments should be pursued,
Response
The City is aware of the changes needed to implement the Governmental Accounting Standards Board
("GASB") Statement No, 34, "Basic Financial Statements - and Management's Discussion and Analysis - for
State and Local Governments", Staff has taken a proactive approach to ensure compliance, Staff is devising a
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plan of action with regard to implementation of this statement. One staff member's time will be primarily
devoted to working on this plan. Because of the complexity of the provisions involved with this statement,
and the staff time involved a new accounting position has been added in the 2000 fiscal year, The Accounting
staff has already attended several seminars to obtain an understanding ofthe provisions of the new statement
and will continue to take advantage of like opportunities. The City plans to be prepared prior to the year of
implementation,
CASH MANAGEMENT
Observation
Bank reconciliations were not consistently completed on a timely basis, The reconciliation of the operating
bank account was brought up to date during the year end closing procedures, when reconciliations for March,
June, and Septernber were prepared. However, as bank reconciliations are a detective control, failure to
perform reconciliations on a timely basis increases the time period for which an error could go undetected and
can increase the difficulty of correcting such an error.
Recommendation
Reconcile all accounts monthly; such reconciliations should be reviewed by appropriate personnel to ensure
timely detection and correction of errors, thereby reducing the risk involved with misappropriations of cash,
The individual bank accounts which are no longer needed and have had no activity should be liquidated and
the funds placed into the general operating account. Cash is the most susceptible asset to acts of fraud or
theft, and therefore it is critical that these appropriate controls are in place and functioning over these assets.
Response
Staff agrees with this observation and has made the necessary organizational changes to ensure reconciliations
are completed timely, All accounts will be reconciled monthly and reviewed by appropriate personnel to
ensure timely detection and correction of errors,
CLOSING PROCEDURES
Observation
The City currently maintains no formal closing procedures to ensure all appropriate adjusting and closing
journal entries have been made, As a result, individuals in new positions do not have a complete list of
procedures to be performed or recurring entries to be recorded during the closing process.
Recommendation
Document all closing procedures including all of the recurring adjusting journal entries required to perform
the year-end close, Documented procedures will help rnanagement assess the efficiency and effectiveness of
the closing process and determine if any changes are necessary, This would also allow the close of the
ledgers and the preparation of the financial statement to occur on a rnore timely basis.
ResDonse
Staff is aware of the need for formal closing procedures and has already taken steps in creating these
procedures, During this year-end audit a formal checklist was used to ensure all entries and reconciliations
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were performed, Staff is also devising policies and procedures for a closing system that will allow individuals
in new positions to have a complete list of procedures to be performed, The new closing system will also
assist staff in verifYing all recurring entries are recorded in the proper period, The City is implementing a
new financial system this year. The new system will allow better controls and more accurate financial
reporting.
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APPENDIX
MANAGEMENT'S RESPONSIBILITY FOR AND THE OBJECTIVES AND
LIMITATIONS OF THE INTERNAL CONTROL
The following comments concerning management's responsibility for internal control and the objectives of
and the inherent limitations in the internal control are adapted from the Statements on Auditing Standards of
the American Institute of Certified Public Accountants, .
Management's Responsibility
Management is responsible for establishing and rnaintaining internal control. In fulfilling this responsibility,
estimates and judgrnents by management are required to assess the expected benefits and related costs of
internal control, policies and procedures.
Objectives
The objectives of internal control are to provide management with reasonable, but not absolute, assurance
regarding the achievement of objectives in the following categories: (a) reliability of financial reporting,
(b) effectiveness and efficiency of operations, and (c) compliance with applicable laws and regulations,
Limitations
Because of inherent limitations in any internal control, errors or fraud nevertheless may occur and not be
detected. Also, projection of any evaluation of the internal control to future periods is subject to the risk that
procedures may become inadequate because of changes in conditions or that the effectiveness of the design
and operation of policies and procedures may deteriorate,