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February 01, 2000 Agenda
AGENDA CITY OF DENTON CITY COUNCIL February 1, 2000 Aaenda No.~.-~-.~-'~ Agendalte~m~., ...... 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, February 1, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:15 p.m. and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 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 MEET1NG 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. Regular Meeting of the City of Denton City Council on Tuesday, February 1, 2000 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. February Yard-of-the-Month Awards Proclamations a. Dianne Baker Day b. American Heart Month Resolution of Appreciation a. Consider approval of a resolution of appreciation for David Ayers. CITIZEN REPORTS 5. Receive a report from Willie Hudspeth regarding tree removal from his property. City of Denton City Council Agenda February 1, 2000 Page 2 6. Receive a report from Jimmy Wagner regarding a water line on Carpenter Road. 7. Receive a report from Lonnie Hillard regarding loud stereo systems in cars. Receive a report from Nell Yeldell regarding noise and actions of concrete company in area. 9. Receive a report from Ross Melton regarding "joy-riding". CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 10-24). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 10-24 below will be approved with one motion. If items are pulled for separate discussion, they wilt be considered as the first items under "Items for Individual Consideration". 10. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of promotional commercials from Charter Media, Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with pertinent provisions of Chapter 252 of the Texas Local Govermnent Code exempting such purchases from the requirements of competitive bidding; and providing an effective date. (Purchase Order #02707 to Charter Media in the amount of $36,608.00) 11. Consider adoption of an ordinance awarding a contract for the purchase of materials, supplies or services as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue; providing for the expenditure of funds therefor; and providing an effective date. (Purchase Order #02706 to Informix in the amount of $42,560) 12. Consider adoption of an ordinance awarding a contract for the purchase of materials and services as approved by the State of Texas General Services Commission through a Qualified Information Service Vendor (QISV) Catalogue; providing for the expenditure of funds therefor; and providing an effective date. (Purchase Order #02772 to Canon USA, Inc., c/o Datamax in the amount of $27,341) 13. Consider adoption of an ordinance approving the expenditure of funds for the purchase of software maintenance for the mainframe computer available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date. (Purchase Order #00627 to IBM Corporation in the amount of $76,989.43) City of Denton City Council Agenda February 1, 2000 Page 3 14. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, supplies or services providing for the expenditure of funds therefor; and providing an effective date. (Bid #2445 - Position Test Board Operation Systems awarded to Watthour Engineering Co., Inc. in the amount of $37,500) 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Wheel Loaders and Motorgrader; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2433 - Rubber Tire Wheel Loaders and Motorgrader awarded as listed, total expenditure $837,563) 16. Consider approval of a resolution of the City of Denton, Texas approving city policies regarding telecommuting by city employees; providing for a severability clause; and declaring an effective date. 17. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and the City of Lake Dallas for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 18. Consider approval of 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. 19. Consider adoption of an ordinance of the City Council of the City of Denton designating a Depository for City funds for a term beginning March 1, 2000 and ending February 28, 2002; authorizing the Mayor to execute a Depository Contract with Texas Bank as the primary depository; authorizing the City Manager and other City employees to transact business with the Depository; and providing for an effective date. 20. Consider adoption of an ordinance authorizing the City Manager to execute a sewer main cost participation agreement between the City of Denton and Kaufman and Broad of Dallas, Inc. for the city's participation in the oversizing of sewer mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. 21. Consider adoption of an ordinance authorizing the City Manager to execute a water main cost participation agreement between the City of Denton and Lennox Oaks-II, L.P. for the city's participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. 22. Consider adoption of an ordinance amending the City of Denton Code of Ordinances, Chapter 26, Utilities, and amending and superseding Ordinance No. 99-373, by establishing uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric utility service in the City of Denton, Texas; providing definitions; requiring such users to obtain a franchise from the city prior to such use; prescribing the compensation to be paid to the City by providers; prescribing the conditions under which such users may use and occupy the public rights-of-way; requiring undergrounding of conduits; requiring joint City of Denton City Council Agenda February 1, 2000 Page 4 use of poles and conduits; requiring the maintenance of maps and data regarding facilities in public right-of-way; providing for enforcement of the regulations and franchises granted thereunder; providing for two penalties in the amount of $150.00 each, for each violation thereof; providing for two penalties in the amount of $100.00 each, for each violation thereof; providing for other and further legal remedies in the event ofprovider's violation of the provisions of this ordinance or of any franchise; providing for governmental immunity of the City and its employees; providing for insurance; providing a severability provision; providing an effective date; and ordaining other provisions related to the subject matter hereof. 23. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 24 of the Code of Ordinances of the City of Denton regarding solid 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(a); amending Section 24-6(b) to provide that the defense to placing bulky items next to a solid waste container only applies to persons authorized to use that solid waste container; adding a new Section 24-13 to establish fees for cleaning the area surrounding solid waste containers; providing for a severability clause; providing for a savings clause; providing for a penalty clause; providing for an effective date; and providing for publication. 24. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 99-294, as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing for an amendment to that part of the Residential Solid Waste Collection Service Schedule (SWR) and for an amendment to that part of the Commercial and Institutional Solid Waste Collection Service Schedule (SWC) respecting the charge for collection of appliances; providing for a repealer; providing for a severability clause; and providing for an effective date. PUBLIC HEARINGS 25. Hold two public hearings and consider the following actions to initiate implementation of the Fry Street Small Area Plan: ao Consider approval of a resolution amending the Fry Street Small Area Plan off- street parking recommendation to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area. The adopted plan recommends the creation of a special zoning district that eliminates off-street parking requirements. Hold a public hearing and consider adoption of an ordinance amending Chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street Overlay Zoning District" and 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, as amended said map applying to 12.42 acres of land as is more particularly described herein, to provide for the creation City of Denton City Council Agenda Febmary 1, 2000 Page 5 of a special zoning overlay district in accordance with the provisions of the Code of Ordinances; said district to be known as the Fry Street District; providing for a penalty in the maximum amount of $2000.00 for violation thereof; providing a severability clause and providing for an effective date. Co Hold a public hearing and consider adoption of an ordinance amending Chapter 24 "Solid Waste" of the Code of Ordinances of the City of Demon, by adding Article IV "Possession of open glass containers in Fry Street District"; providing a severability clause; providing a penalty in the maximum amount of $500.00 for violations thereof; and providing an effective date. 26. This item has been withdrawn. 27. Continue a public hearing and consider rezoning approximately 47 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property is located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. Development of a single-family subdivision with a minimum 5,500 square foot lot size is proposed. The Planning and Zoning Commission recommends approval (6-1) with conditions. (Z-99-046, £akeview Ranch - PD) 28. Continue a public hearing and consider rezoning approximately 410 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning district on about 192 acres. The property is located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. Development of a mix of single-family lots and housing types is proposed. The Planning and Zoning Commission recommends approval (7-0) with conditions. (Z-99-072, Lakeview Ranch) ITEMS FOR INDIVIDUAL CONSIDERATION 29. Consider adoption of an Ordinance of the City of Denton, Texas, amending Chapters 34 and 35 of the City of Demon 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. (The Planning & Zoning Commission recommends adoption, 3-4, with conditions.) 30. Consider adoption of an ordinance amending Section 2-83(c) of Article III "Boards, Commissions, and Committees" of the Code of Ordinances of the City of Denton establishing an attendance policy and broadening the excused absence requirements; providing a savings clause; providing a severability clause; and providing an effective date. 31. Consider adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed City of Denton City Council Agenda Febmary 1, 2000 Page 6 property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-96, Silver Dome at Cooper Creek) 32. Consider the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: ao Ryan Road, west of Teasley - 22.98 acres, zoned SF-7. (Affected by Ordinance 99-473) This request has been continued from the January 18th City Council meeting due to a tie vote, 3-3. bo Ace Business Park, Meadow Street, between Inman and Dougherty, zoned Commercial. (Affected by Ordinance 99-474) This request was denied by City Council on January 11th, 4-2. Payne Storage Lockers, 520 Fort Worth Drive, zoned Commercial. (Affected by Ordinance 99-474) This request has not been previously reviewed by City Council. 33. do Ashton Dallas Residential, L.L.C., Teasley Lane south of Robinson Road - 58.351 acres, zoned SF-10. (Affected by Ordinance 99-473) This request has not been previously reviewed by City Council. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 99-473 to extend the term of the moratorium established pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified residential development applications prior to adoption of a revised land development code; providing for a savings clause; providing for a severability clause; and providing for an effective date. 34. 35. Consider approval of a resolution appointing a special five (5) member Oversight Committee to monitor, evaluate, and report on the progress of the five-year Capital Improvements Program, subject to the authorization of the voters at the Bond Election on January 15, 2000; and providing an effective date. Receive a report, conduct deliberations, and determine appropriate actions to be taken, including potential initiation of rezoning, regarding two development projects considered to be inconsistent with the City of Denton Comprehensive Plan, identified as follows: 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. bo 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. 36. Consider nominations and appointments to the City's Boards and Commissions. City of Denton City Council Agenda February 1, 2000 Page 7 37. Miscellaneous matters from the City Manager. 38. New Business This item provides a section for Council Members to suggest items for future agendas. 39. Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 40. Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ., 2000 o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET Ag~.da NO,_ g2~-t/t/ ~.oend~ ~//~/~0 Oate_ "' AGENDA DATE: DEPARTMENT: ACM: February 1, 2000 Materials Management Kathy DuBose, Fiscal and Municipal Services Question concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT: An Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of promotional commercials from Charter Media, Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with pertinent provisions of Chapter 252 of the Texas Local Government Code. exempting such purchases from the requirements of competitive bidding; and providing an effective date (Purchase Order 02707 to Charter Media in the amount of $ 36,608.00). BACKGROUND: A customer survey conducted by the University of North Texas, concluded customers lacked the awareness of Denton Municipal Electric (DME), and did not have the desired image or brand loyalty to the electric utility needed to be competitive in a deregulated market. The survey results showed that cable television would be an excellent medium to advertise with, bccanse (54.2% of the sample customer base surveyed subscribed to Charter Media. In response to the survey results, DME contracted with Charter Media (formerly know as Marcus Media) in February of 1999, to improve DME's image and brand identity among Denton area customers. Charter Media produced and aired three (3) commercials on nine (9) different networks, for a seven and one-half (7-1/2) month period. DME's Marketing Division was instructed to report the effectiveness of the commercials to the Public Utility Board (PUB) by conducting a new survey of the current customer base. The PUB would use the results to determine if future DME promotional commercials would be economically feasible. The survey concluded on October 15, 1999, at 5:00 p.m. Three hundred customers responded to the survey. This was an acceptable quota sample of the current customer base providing a 94.5% confidence rate, 5.5% margin of error, with 50% of market penetration. Survey results found 72% of the customers that responded to the survey have cable television. Results concluded that 93.5% of the survey respondents with cable television have viewed DME commercials. Seventy-seven percent felt positive about their viewing experience, 18% were indifferent, and 5% did not respond. Thus, allowing us to conclude the cable television marketing campaign has been effective in reaching customers and branding Denton Municipal Electric with a positive image. Agenda Information Sheet February 1, 2000 Page 2 OPTIONS: 1. Approve contract with Charter Media and continue to strengthen awareness of the exis~n~ofDME in order to position the electric utility to compete in an impending deregulated market. 2. Reject contract with Charter Media resulting in a lack of name recognition and a potential loss of market share. RECOMMENDATIONS: In effort to continue to improve awareness and build brand loyalty to DME by Denton citizens, the Marketing Division proposes to contract with Charter Media and air four (4) thirty-second commercials on nine (9) cable networks. ESTIMATED SCHEDULE OF PROJECT: October 1, 1999 through September 30, 2000 PRIOR ACTION/REVIEW (Council, Boards, Commission): Public Utilities Board reviewed the survey results on November 1,1999. The PUB approved the contracting with Charter Media to produce and air four (4) thirty-second commercials on nine (9) cable networks on December 6, 1999, by a unanimous vote. FISCAL INFORMATION: The cost to air commercials on nine (9) different networks for a period of twelve months is $36,608. 'Agenda Information Sheet February 1, 2000 Page 3 BID INFORMATION: Charter Media is the only cable provider in Denton. Respectfully submitted: Sharon Mays Director of Electric Utilities Prepared by: Jessica )ames - Public Information Specialist Reviewed by: Tom Shaw, C.P.M. Purchasing Agent Attachment 1: Purchase Order 02707 to Charter Media 1327.Agenda ATTACHMENT 1 O 0~° ~o~ >'co <D O O O O O 0 0 0 O O 0 O O O (30 O ~O ' ~O O O ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA, DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; . AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 02707 TO CHARTER MEDIA IN THE AMOUNT OF $ 36,608.00). WHEREAS, Section 252.022 (a)(7) of the Texas Local Government Code provides that procurements of certain items or services that are only available from one source, as described therein, need not be submitted to the competitive bid process; and WHEREAS, the City Council wishes to purchase promotional commercial spots pertaining to Denton Municipal Electric ("DME") from the City's sole local cable provider, Charter Media, which services are presently available from only one source, and are pemfitted in accordance with Section 252.022 of the Texas Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of services, as described in the "Purchase Order" listed below, and on file in the office of the City's Purchasing Agent, is hereby authorized and approved: PURCHASE ORDER VENDOR AMOUNT 02707 CHARTER MEDIA $36,608.00 SECTION 2. That the acceptance and approval of the above item shall not constitute a contract between the City and Charter Media submitting the price quotation for such commercials until Charter Media shall comply with all requirements specified by the City's Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts or other related documents relating to the item specified in Section I. hereof, and the expenditure of funds pursuant to said contract or written order, is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 02707 SOLE SOURCE-ORDINANCE ~ EE ~ c ooocooc'~c o~ ~ooc m I I ADVERTISING INSERTION ORDER CHARTER MEDIA/CITY OF DENTON, TEXAS [PAGE 2l Acceptance by the Advertiser: day of AGREED AND APPROVED by the City of Denton, Texas on this the ,2000. CITY OF DENTON, TEXAS A Municipal Corporation By: Michael W. Jez City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Contracts\00\Charter Media - DME Contract-Order page 2.doc AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Materials Management Agenda No. A. oenda Item ~ /// Date Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal ServicesV SUBJECT: An Ordinance awarding a contract for the purchase of materials', supplies or services as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue; providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 02706 to Informix in the amount of $42,560). BACKGROUND: The Technical Services Division continues to seek to improve the City of Denton's access to information. Purchase Order 02706 to Informix is for the acquisition of a software package to help facilitate easier and faster access to information. Data reporting and analysis will be easier with this package as well. Additionally this software will reside in a different IBM RS6000 machine from our transactional systems, improving performance of the Customer Information Billing System (Harris) and the Court Specialist System (Municipal Court). Finally this is the first step in the future goal of integrating all of our systems into one centralized data repository. RECOMMENDATION: We recommend Purchase Order 02706 be approved to Informix in the amount of $42,560. ESTIMATED SCHEDULE OF PROJECT: The proposed sottware is available for shipment in ten workdays. Installation should be completed in 3 to 5 days. FISCAL INFORMATION: Purchase Order 02706 will be funded from Long Range Technology Plan account (771-044- COMP-9847-9107). PURCHASE ORDER INFORMATION: This purchase order is for the acquisition of a 10-user software license for Metacube Rolap Development Software. The Metacube Rolap Development Software is listed on Informix QISV catalogue and is designed to make access to information and data easier and faster. Agenda Information Sheet February 1, 2000 Page 2 Respectfully submitted: Tom Shaw, C.P.M2, 349-7100 Purchasing Agent Attachment 1: Purchase Order 02706 to Informix Attachment 2: QISV Certification Attachment 3: QIVS Catalogue Price Quote 1324.Agenda ATTACHMENT 1 O d o o o o o o O o o 0 0 0 ('4 0 0 0 0 0 0 Cq ('4 0 0 0 0 0 0 0 0 0 O1 (D O% 0 0 O O O O O O O O 0 0 0 0 0 ATTACHMENT 2 Informix Software, Inc. VID # (QISV VID # (13 digits)) QISV Ordering Address: 1250 S. Capital of Texas Hwy. Building 2, Suite 300 Austin, Texas 78746' This is a true and accurate copy of the catalogue approved with the General Services Commission. Effective Date of catalogue: December 1, 1999 Return to GSC QISV Listing Return to Informix Home Page Vendor Contact Information QISV Contact Information Contact Person: Carl Sandberg Phone #: 512-480-8363 Fax #: 512-329-2791 E-Mail Address: carl. sandberg(~informix.com Product / Services Information 208 [Computer Software for Microcomputers [(preprogrammed) 1208-30 iComputer A!ded Des~gn and Vectonzat!0n i208r37 tpat~se ............ i208-54 [Intemet 208 67 Programming: BASIC, ASSEMBLER, Computer ~ [Assisted ~ng!ne~fing..T.0o!s (CA~SE),..Li.bra[i~ '9.s i208-87 . :!Tools. Programming and CASE i -~h^ ]Computer Software for Mini and Mainframe i ' ZU9 i :i ,Computers (preprogrammed) ~209-30 iComputer Atded Design and Vectonzatlon 1209-37 Datable ................. i209-54 !ntemet i iProgramming: BASIC, ASSEMBLER, Computer i209-67 :' ' .... es i IASslsted Engmeenng T?o!s.(CASE),.Llbr.an !209-87 Tools. Programming and Q~SE i 918 ICgn, s~!~tingServices [918~29 . Computer- Software, Consulting. Services [ 920. ,D~Ia ~r0cessing S~rvices ~920-04 !Applications Sottware (for mainframe systems) 920 07 'Applications Sotlware for Microcomputer Systems: . ~ IBusiness ......................... !920-34 [Data and Media conversion services [920745 1 r i920-47 ISupport Services, Computer i920:49 iSy~tems~xequtive So~are~ M~!nfrme .920-56 iSystems/Exe~utive So.are, Microcomputer 1920-63 !Systems/Executive Software, Minicomputer Catalogue Information NOTE to State Agencies: If this Qualified Infonuation Systems Vendor provides consulting services and if the value of the consulting contract is reasonably foreseen to exceed $15,000.00, please refer to the Texas Government Code, Subtitle F, Chapter 2254. NOTES to all Eligible Purchasers: Only Automated Information System (AIS) products and services may be purchased from this catalogue. Products not eligible for the catalogue purchase procedure must be edited out by the ' vendor. 2of3 I/lq/aao:31 AM ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE ORDER OF MATERIALS, SUPPLIES OR SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 02706 TO INFORMIX 1N THE AMOUNT $42,560). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase necessary materials, equipment, supplies or services in accordance with the procedures of state laws on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 02706 INFORMIX $42,560 SECTION II. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION III. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV: That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 02706-PO STATE ORDINANCE AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Materials Management Agenda Item Questions concerning this acquisition may be directed to Tom Shaw 349-7100 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance awarding a contract for the purchase of material~ and services as approved by the State of Texas General Services Commission through a Qualified InfoJmation Service Vendor (QISV) Catalogue; providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 02772 to Canon USA, Inc., c/o Datamax, in the amount of $27,341). BACKGROUND: The high volume copy machine currently available to City Hall is located in the basement and is scheduled for replacement. The new proposed copier is a digital copier, capable of producing high quality, high volume copies directly from a PC network. The copier will be located in the City Manager's area in City Hall. It produces 60 copies per minute and can be networked with up to five PC's or utilized as a conventional copier. RECOMMENDATION: We recommend Purchase Order 02772 to Canon USA, Inc., c/o Datamax, for an Image Runner 600 Digital Copier be approved in the amount of $27,341. ESTIMATED SCHEDULE OF PROJECT: The new copier can be delivered in approximately 30 days and the old copier has a 30 day cancellation clause. The new PC driven copier should be in operation the first week of March 2000. FISCAL INFORMATION: This copier will be funded from Material Management Working Capital funds. Each user will be charged $.051 per copy. Estimated copy volume is 25,000 copies per month. Not included in the purchase price is a maintenance contract in the amount of $4,164 per year for 3 years to paid monthly on a separate purchase order. PURCHASE ORDER INFORMATION: Purchaser Order 02772 to Canon USA, Inc., c/o Datamax, is for the purchase of a high quality PC network driven digital copier. It is, capable of 60 copies per minute directly from a PC screen or from the copier glass. It will be located in the City Manager,S area amJreplace~the copier currently located in the basement. '~ Agenda Information Sheet February 1, 2000 Page 2 Respectfully submitted: Tom Shaw, C.P.M.', 349-7100 Purchasing Agent Attachment 1: Purchase Order 02772 to Canon USA, Inc., c/o Datamax Attachment 2: QISV Certification Attachment 3: Price Quotation 1325Agenda ATTACHMENT 1 O 0 O O O O O O ~O ~D 0~ O O O O O O O O O ~' O (D 0 0 0 0 0 ~0 0 0 0 0 0 0 o 0 o 0 0 o ,-~ 6'4 0'~ '~ 0 0 0 0 0 0 I,LI o u o o o o o ATTACHMENT 2 State of Texas Catalogue QISV Catalogue # TX411998 VID# 1-13-256-1772-501 C~40N U.S.A., INC. Canon U.S.A., Inc. 3200 Regent Boulevard Irving, Texas 75063 Attention: Carol Stallings This is a tree and accurate copy of the catalogue approved with the General Services Commission. Effective Date of Catalogue: November 19, 1999 This catalogue has been updated. Last version dated September 17, 1999 GSC QISV MAIN PAGE Contact Person: Carol Stallings Phone Number: (972) 409-7927 Fax Number: (972) 409-7934 E-mail Address:cstallings~cusa.canon.com For Contract Administration 2110 Washington Blvd Arlington, VA 22204 Phone Number: (703) 807-3182 Fax Number: (703) 807-3189 Catalogue Products/Services Terms and Conditions Requests for Product Information 01/12/00 WED 09:59 FAX 972 409 7934 STATE of TEXAS ATTACHMENT' 3. Sample P.O. INVOICE City of Denton PO// 215 East McKinney QISV# TX411998 Destination of Goods CONTRACTOR (Must be a street addrass) Canon USA.,INC City of Denton c/o Datamax 215 East Mo~innoy 3200 Regent Blvd. Denton, TX 76201 Ixving, Tx 75063 PHN:972-.409-7802x6333 Atto: Mike Wright FAX:972-409-7934 DESCRIPTION QUANTITY UNIT QISV Discounted QISV Contact Agent: Karen Smith Phn: 940-349-8436 Fax: 940-349-7302 Imagemuner 600 1.00 $ 23,876.00 $ 16,972.00 D2 Finishtr 1.00 $ 8,366.00 $ 6,303.00 Multi PDL Board 1.00 $ 4,653.00 $ 3,985.00 Dealer supplied dealer supported Connect pac $550.00 discount on Co~ect pac $ (469.00} Price Good till January 31st Total $ 36,895.00 $ 27,341.00 February Price increase~. $1,836.05 February Total ~..~V~ $ 29,177.05 'l Please make order out l/ko thi~ smnple. By Authorized Signature ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS AND SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 02772 TO CANON USA, INC., C/O DATAMAX, IN THE AMOUNT OF $27,341). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS,' the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 02772 CANON USA, INC., C/O DATAMAX $ 27,341 SECTION II. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 1II. That should the City and persons'submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantifies and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ord'mance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 02772-PO STATE.ORDINANCE AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Materials Management AgendaNo. Agenda Item~ ~ ,/L~ , Questions concerning this acquisition may be directed to Alex Pettit 349-8495 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance approving the expenditure of funds for the purchase of soitware maintenance for the mainframe computer available from only one source in accordance with the provision for Stat6 Law exempting such purchases from requirements of competitive bids; and providing an effective date (Purchase Order 00627 to IBM Corporation, in the amount of $76,989.43). BACKGROUND: Pumhase Order 00627 is for the annual maintenance agreement for the software required to operate the LGFS Financial System, the EIS Human Resources System and the current Property Tax System on our IBM maintenance computer. Included in the maintenance agreement are trouble-shooting services, maintenance and repair as well as upgrades or improvement releases during the contract period. RECOMMENDATION: We recommend Purchase Order 00627 for Sotlware Maintenance issued to IBM Corporation be approved in the amount of $76,989.43. ESTIMATED SCHEDULE OF PROJECT: This is a twelve month agreement from October 1, 1999 through September 30, 2000. FISCAL INFORMATION: This soRware maintenance service contract will be paid in monthly payments. Funding is available in the Technical Services Division budget account (770-044-0080-8521). PURCHASE ORDER INFORMATION: This purchase order is for the sole source acquisition of software maintenance service available' only from IBM Corporation. This sof~vare is required to operate the Financial, Human Resources and Tax subsystems of our mainframe computer. Chapter 252 of the State and Local Government Code exempt sole source acquisitions from the bid process. Agenda Information Sheet February 1, 2000 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ' Attachment 1: Purchase Order 00627 to IBM Corporation 1326.AGENDA ATTACHMENT 1 o IAI ~ E~o o o o o o o O O o o o n. 0 0 {~ o ,~ o e* ee M o 00 o o o o 0 0 0 ~u~.z .; ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE MAINTENANCE FOR THE MAINFRAME COMPUTER AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00627 TO IBM CORPORATION, IN THE AMOUNT OF $76,989.43). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 00627 IBM CORPORATION $76,989.43 SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Depathnent. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 00627 SOLE SOURCE ORDINANCE AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Materials Management Kathy DuBose, Fiscal and Municipal Services"~ Aoenda Item / / / __ Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of materials, supplies or services providing for the expenditure of funds therefor; and providing an effective date (Bid 2445 - Position Test Board Operation Systems awarded to Watthour Engineering Co., Inc., in the amount of $37,500). BACKGROUND: (See Tabulation Sheet) RECOMMENDATION: We recommend Bid 2445 be awarded to the lowest bidder, Watthour Engineering Co., Inc., in the amount of $37,500 bid tabulation items lA & lB. We also recommend bid tabulation items IC and 2 not be purchased at this time. ESTIMATED SCHEDULE OF PROJECT: The test board can be delivered in approximately 84 days after receipt of an order or approximately the third week in May 2000. PRIOR APPROVAL: The Public Utility Board considered this acquisition and recommended approval January 24, 2000. FISCAL INFORMATION: The acquisition of this test board will be funded from 1999/2000 budget fund account (610-134- 1034-3950-9233-C0579R). BID INFORMATION: This bid is for the purchase of a two-position test board and operation system. This equipment is intended for use by the Electric Metering Division to test and calibrate electric meters and socket bases. This is a computer driven te~t center capable of multiple types of watt horn; test with accuracy of +/-0.003%. Agenda Information Sheet February 1, 2000 Page 2 Attachment 1: Tabulation Sheet 1323 .AGENDA Respectfully submitted: Tom Shaw, C.P.Mi, 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET Bid # 2445 POSITION TEST BOARD OPERATION SYSTEMS No~ Qty. I DESCRIPTION VENDOR VENDOR Engineering Len T. Deloney Two Position Electric Meter 1 1 Testboard Meter Test Board A Test Board $19,500.00 B Test Station $18,000.00 C 2Rm-11-08 Standard Upgrade $7,200.00 TOTAL $44,700.00 $50,500.00 Test Board Operating Computer $5,475.00 $3,360.00 2 DELIVERY 84 Days 90-100 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2445 - POSITION TEST BOARD OPERATION SYSTEMS AWARDED TO WATTHOUR ENGINEERING CO., INC., IN THE AMOUNT OF $37,500). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be. used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2445 ALL Watthour Engineering, Co., Inc. $37,500 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantifies and specified stuns contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2445 SUPPLY. ORDINANCE. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Materials Management Agenda No.._-~-~.~--~.~ Agendaltem, Oate/ op . Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services'~ SUBJECT: An Ordinance accepting competitive bids and awarding a cofitract for the purchase of Wheel Loaders and Motorgrader; providing for the expenditure of funds therefor; and providing an effective date (Bid 2433 - Rubber Tire Wheel Loaders and Motorgrader awarded as listed below, total expenditure $837,563). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each item as listed: Item # Description Supplier Price Buy Back Net Cost .1 4 Cu Yd Loader Future Equipment $134,852 $102,493 $ 32,359 lA Extended Warranty Future Equipment $ 2,672 $ 2,672 lB Service Agreement Future Equipment $ 11,016 $11,016 (3 Year) Total $ 46,047 Item # Description Supplier Price Buy Back Net Cost 2 5 Cu Yd Loader Future Equipment $204,430 $143,715 $ 60,715 2A Extended Warranty Future Equipment $ 3,794 $ 3,794 2B Service Agreement Future Equipment $ 14,334 $14,334 (3 Year) Total $ 78,843 Item # Description Supplier Price Buy Back Net Cost 3 6 Cu Yd Loader Clemons Tractor $282,510 $175,308 $107,202 3A Extended Warranty Clemons Tractor $ 6,950 $ 6,950 3B Service Agreement Clemons Tractor $ 13,675 $ 13,675 (3 Year) Total $127,827 Item # Description Supplier Price BUy Back Net Cost 4 Motorgrader Future Equipment $146,480 $130,655 $15,825 4A Extended Warranty Future Equipment $ 2,102 $ 2,102 4B Service Agreement Future Equipment $ 14,748 $14,748 (3 Year) Total $ 32,675 Agenda Information Sheet February 1, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: Delivery for the recommended machinery is quoted to be from 45 to 90 days after receipt of a purchase order. FISCAL INFORMATION: The acquisition of the four pieces of machinery will be funded from Motor Pool Lease Account (720-025-0584-9104) in the amount of $837,563. At the end of 3 years each supplier has agreed to a guaranteed buy back price totaling $552,171 for a net cost to the City of Denton of $285,392. BID INFORMATION: This bid is for the acquisition of three Rubber Tire Wheel Loaders and one Motorgrader. Theseare replacement vehicles approved in the budget process. Included with the bid purchase price are extended warranties, three year service agreements and a guaranteed buy back from the supplier at the end of 36 months. The buy back concept lowers our machine cost, allows for accurate budgeting and assures the dependability associated with new equipment. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1328.AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2433 Date: 1/13/00 Rubber Tire Loaders and Motor Grader Clemons Progressive Future Continental Crescent Darr ii ii?iiiiiiii?iiii iiiiii!i!i~i~iii~i~?~i Tractor Tractor Equipment Equipment Machinery Equipment 4 Cubic Yard Loader $151,731 $119,810 $134,852 $139,350 $137,500 $152,609 Extended Warranty $ $4,425 $1,825 $2,672 $3,130 $1,580 $3,287 Optional Service Contract (36 Months) $ $9,496 $10,500 $11,016 $13,236 $16,000 $10,092 Guaranteed Buy-Back Agreement $94,025 $30,000 $102,493 $81,036 $85,000 $85,500 Price $ 5 Cubic Yard Loader $224,936 $182,055 $204,430 $200,000 NB · $182,083 Extended Warranty $ $5,685 $2,355 $3,794 $3,425 NB $3,543 Optional Service Contract (36 Months) $ $12,527 $12,750 $14,334 $16,060 NB $10,511 Guaranteed Buy-Back Agreement Price $ $139,596 $45,000 $143,715 $117,289 NB $96,500 6 Cubic Yard Loader $282,510 NB NB $349,430 NB $258,169 Extended Warranty $. $6,950 NB NB $6,250 NB $5,109 Optional Service Contract (36 Months) $ $13,675 NB NB $19,037 NB $10,241 Guaranteed Buy-Back Agreement $175,308 NB NB $192,709 Price $ NB $1251500 Motor Grader NB NB $146,480 $139,800 NB $158,732 Extended Warranty $ NB NB $2,102 $4,720 NB $3,719 Optional Service Contract (36 Months) $ NB NB $14,748 $18,550 NB $8,680 Guaranteed Buy-Back Agreement Price $. NB NB $130,655 $76,000 NB $128,300 Delivery 60-90 Days 45-90 Days , 120 Days Addendum 1 Yes Yes Yes Yes Yes Yes NO BID RESPONSES RDO Equipment Zimmerer Kubota ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WHEEL LOADERS AND MOTORGRADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AND EFFECTIVE DATE (BID 2433 - RUBBER TIRE WHEEL LOADERS AND MOTORGRADER AWARDED AS LISTED BELOW, TOTAL EXPENDITURE $837,563). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT. 2433 1 Future Equipment $148,540 2433 2 Future Equipment $222,558 2433 3 Clemons Tractor $303,135 2433 4 Future Equipment $163,330 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the temts, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepte, d. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant, thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2433 SUPPLY. ORDINANCE 1-00 AGENDA INFORMATION SHEET Aoenda irem ....... Date AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 1, 2000 Human Resources Kathy DuBose ~ SUBJECT A resolution of the City of Denton, Texas approving city policies regarding telecommuting by city employees; providing for a severability clause; and declaring an effective date. BACKGROUND On January 25, 2000, staff presented the City Council with an overview of tdecommuting and the benefits such a program would provide to the City and the community. To reiterate, the benefits associated with telecommuting include 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 Staff is now bringing the Telecommuting policy statement to the City Council for adoption. Upon approval of the Telecommuting policy statement, staff will work on fine-tuning the administrative procedures to ensure smooth implementation and administration of the program. RECOMMENDATION Staff recommends adoption of the Telecommuting policy statement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Manager, Assistant City Managers and Directors were presented with an overview of telecommuting in September of 1999. This group supported the idea of telecommuting and expressed the desire to implement telecommuting city-wide. A telecommuting overview was presented to the City Council on January 25, 2000 FISCAL INFORMATION There is no immediate fiscal impact associated with the adoption of the Telecommuting policy. Individual departmental reductions or increases in cost will vary depending on the position involved. CITY OF DENTON POLICY/ADMINSTRA TIVE PROCED URES/ADMINISTRA TIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 103.02 SUBSECT: 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 alternative 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: n Planning [] Scheduling [] Preparing performance reviews Writing reports [] Audits Research and analysis Conceptualizing, reading and writing n Conducting business by telephone n Working with data POLICY/ADMINSTRA TIVE PROCED URES/ADMINISTRA TIVE DIRECTIVE I TITLE: TELECOMMUTING REF. NO. 103.02 B. 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 Manaeer Has strong communication skills Manages by results and not by monitoring work hours 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 Has a high degree of job knowledge and skill Possesses strong organization and time management skills II. A. Bo 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 fights 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. 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. POLICY/.4DMINSTRA TIVE PROCEDURES/ADMINISTRA TIVE DIRECTIVE TITLE: TELECOMMUTING REF. 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 telecommuting 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. 2. The telecommuting employee will consult with the supervisor, through mutually agreed upon mode(s) of communication to receive or review completed assi~mnents. POLICY/ADMINSTRATIVE PROCEDURES/ADMINISTRA TIVE DIRECTIVE I 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-virus protection software should be installed on all equipment not owned by the City of Denton in order to protect hardware and sof~are security and data integrity. Any software needed must be used in accordance with the license agreement provided in the sofl~vare 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. POLICY/ADMINSTRA TIVE PROCED URES/ADMINISTRA TIVE DIRECTIVE TITLE: TELECOMMUTING REF. NO. 103.02 H. 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 cimumstances will an employee be allowed to perform work while on FMLA unless written permission from the employee's doctor(s) is obtained. 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. 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 If applicable, please list City assets to be used 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. 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 mason not expressly prohibited by law. I have reviewed the above information with her participation in the City's telecommuting program. prior to his or Date Supervisor Date Department Director Date Director of Human Resources 10 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICIES REGARDING TELECOMMUTING BY CITY EMPLOYEES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Denton, Texas recognize that advancing technology provides the opportunity to consider alternative working arrangement concerning employees; and WHEREAS, The Director of the Human Resources Department for the City of Denton has presented a policy that would allow the consideration of the work alternative of telecommuting which would allow regular full-time, regular part-time and contract employees to work from home or a remote location, for the Council's consideration; 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 103.02 "TELECOMMUTING" 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. 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 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 resolution, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000 'ATTEST: JENNIFER WALTERS, CIT.-Y SECRETARY JACK MILLER, MAYOR BY: F:Xshared\dept\LGL\Our Documents\Resolutions\00\Telecommuting policy.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F:~shared\dept~LGL\Our Documents\Resolutions\OO\Teleconunuting policy.doc AGENDA INFORMATION SHEET OD -00 Agenda Item. Oate Ii ,' ! AGENDA DATE: February 1, 2000 DEPARTMENT: CM: Police ~ Michael W. Je SUBJECT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and the City of Lake Dallas for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: This represents the second year for an interlocal agreement with the City of Lake Dallas for the impoundment and disposition of dogs and cats. The estimated number of animals delivered to the City of Denton under this agreement should not result in conditions of overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to the City of Lake Dallas for the impoundment and disposition of animals delivered to the City of Denton f~om the City of Lake Dallas: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days. (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, the City of Lake Dallas agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amount of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequent day per animal held for reclamation by the owner. (2) A holding fee in the amount of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequent day per animal held in quarantine as a rabies suspect. (3) Fifteen dollars ($15.00) for each animal euthanized. (4) Thirty-five ($35.00) for each decapitation and shipment. OPTIONS 1. The City can choose not to enter into the interlocal agreement with the City of Lake Dallas. 2. The City can approve the ordinance and enter into the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and interlocal agreement with the City of Lake Dallas. 1. The interlocal agreement provides a valuable service to the citizens of Lake Dallas. 2. The housing and disposal of dogs and cats is not projected to create a hardship to the current Animal Control operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement was approved by the City of Lake Dallas. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. During the first year of the agreement, Lake Dallas delivered no dogs or cats to the City of Denton and there is nothing to indicate an increase in animals received as a result of this renewal. Re~ully submitted, Prepared by: J ,w. ght SupportLOp'erations Captain ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SA~3 AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OFTHE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Lake Dallas for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance 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 F:kshared\depfiLOL\Our Documents\Ordinances\9~l~rake dallas animal control.doc STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON ~ This Agreement made and entered into by and between the City of Dent°n, TeXas, acting herein by and through its Mayor, duly authorized by ordinance of the City Council of said City (hereinafter called "Denton"), and the City of Lake Dallas, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereafter called "Lake Dallas"). WHEREAS, Denton and Lake Dallas are both local governments with the authority and power to contract; and WHEREAS, Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, Lake Dallas desires to obtain impoundment and dispOsition services, for' dogs and cats rendered by Denton, as more fully hereafter described, for the benefi~ of the residents of the City of Lake Dallas, Texas; and WHEREAS, Lake Dallas and Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal .Cooperation Act and contract pursuant thereto; and WHEREAS, Lake Dallas and Denton have the authority to perform the services set forth in this Agreement individually in accordance with Texas Government Code §791.01 l(e); and WHEREAS, Lake Dallas will make all payments for services out of available current revenues and Denton agrees that the payments made by Lake Dallas hereunder will fairly compensate it for the services provided; NOW, THEREFORE, the City of Lake Dallas and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CITY OF DENTON: Holding of Dogs and Cats. Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of Lake Dallas under the following terms and conditions: Holding Period for Dogs and Cats. Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. Holding Fees for Impounded Dogs and Cats. For the purpose of this Agreement, Denton will charge Fifteen ($15.00) dollars for the first day or part of a day and Five ($5.00) dollars for each subsequent day holding fee that an animal is held at the Animal Control Center. In dete,mining the meaning of the tetra "animal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. Co Holding of Quarantine Animals. Denton agrees to accept and hold rabid suspects in quarantine for Lake Dallas when conditions permit, and such action is authorized by a representative of Lake Dallas. do Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Fifteen ($15.00) dollars for the first day or part of a day and Five ($5.00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing. Upon request of Lake Dallas, Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be thirty- five dollars ($35.00) for each head shipped. COVENANTS OF THE CITY OF LAKE DALLAS: Financial Responsibilities. In order to reimburse Denton for its costs incurred under this Agreement, Lake Dallas agrees to pay for the holding fees and euthanasia fees on dogs and cats received from Lake Dallas or its authorized agent if the animal(s) is not reclaimed by the owner. These fees will be assessed on the following basis: Euthanized Animal: $15.00 for the first day or part of a day and $5.00 for each subsequent day holding fee for each animal as determined herein, plus $15,00 euthanasia fee. Page 2 b. Adopted Animal: $15.00 for the first day or part of a day and $5.00 for each subsequent day holding fee for each animal as determined herein c. Head Shipments: $35.00 shipping fee. Denton will collect impound fees duly authorized by Lake Dallas and as specified in this paragraph from the owners of dogs and cats received from Lake Dallas. Impound fee monies will be applied to fees owed Denton by Lake Dallas for animals not reclaimed by the owner: IMPOUND FEE 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $70.00 3. Lake Dallas agrees payment shall be made within forty-five (45) days of receipt of invoice by Lake Dallas. II. Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Denton's employees and agents, Denton's subcontractors and/or contract laborers doing work under a contract or agreement with Denton in performance of this Agreement with Lake Dallas. Lake Dallas agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Lake Dallas's employees and agents, Lake Dallas's subcontractors and/or contract laborers doing work under a contract or agreement with Lake Dallas in performance of this Agreement xvith Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. III. The fact that Lake Dallas and Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither Denton nor Lake Dallas waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exemise of governmental functions. Page 3 IV. The term of this Agreement shall be for a period of one (1) year, commencing as of December 1, 1999 and ending November 30, 2000. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on December 1 of each year if Lake Dallas and Denton agree in writing on or before the first day of December to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other. This Agreement represents the entire and integrated agreement between Denton and Lake Dallas and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Denton and Lake Dallas. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. VII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions/ordinances extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the __ day of .,1999. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR Page 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF LAKE DALLAS, TEXAS ATTEST: CITY SECRETARY CITY ATTORNEY BY: Page 5 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Fiscal Operations Kathy DuBose Fiscal and Municipa! Services Aoenda No.,, Aoenda Item-- SUBJECT Consider a Resolution of the City of Demon, Texas approving revised City policies regulating the handling of cash by City employees; and declaring an effective date. 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) This item was presented and discussed at the January 25, 2000, City Council Worksession and was recommended for adoption. FISCAL INFORMATION N/A. Re~ectfully su~itt~ 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 foims 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'uResolutions\99\Cah Management Policy.doc CITY OF DENTON P^OE l OF lo 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 random drawer audit conducted under the direction of the Director of Fiscal Operations. 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. 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 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 III. Bo 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. 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. 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. Allow 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. IV. 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. Bo 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; 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; 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. V. Liability for Loss As between a department and its officers and the Director of Fiscal Operations, the department 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. VI. 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 of a 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. 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. 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. VII. 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. No funds are to be established out of cash receipts by any department. Upon establishment of a 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. VIH. 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 Depa~hnent 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. 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. 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. IX. 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 where only the designated cashier or custodian, and the Department or Division Head, have keys and access to the funds. B. Provisions should be made in departments where more than one cash fund exists to secure all funds which are not being utilized. Only the Department 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 the cash fund and the Department or Division Head should maintain keys and have access to the funds. 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 thc 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 1. 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. 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. The petty cash fund is to be reconciled on a daily basis by the fund custodian. 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. 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. Each petty cash voucher must be accompanied by a receipt ticket upon reimbursement or return of unused funds. 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. 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 twenty-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: 1. Loans to employees 2. IOUs for employee personal use 3. Cashing personal checks for the Department/Division Head, petty cash custodian, or other employees 4. 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 1. 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 ora 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 Director's 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's records. XI. 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 of 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 Cheeks from a Change Fund 1. Cashing of personal, payroll, and expense checks 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 ftmd. 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. 3. 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. XIL 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. Interdepartmental deposits made to the Customer Service Division shall be made according to the procedure as outlined below. City agencies, or departments, 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 departments 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 departments over the weekend. Deposits for these departments should also be made the day prior to a scheduled holiday to remove all cash during a holiday. A. Preparation of a Deposit All departments making deposits will be fumished with a three (3) part deposit slip. All 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 department name, in the lower right hand comer of the slip. 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. 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 Deposits shall be made to the Customer Service Division. 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 department's own record. 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. Each time a deposit is made, a new bank bag will be issued to the person making the deposit. Each department 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 department, 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 car service on a daily basis. 3. It will be the responsibility of the Department 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 between 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. 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. 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. E. 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. 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. 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. XIH. Regulation of Return Checks 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, f'mes, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and returned to the City of Denton. The fee plus the base amount of check will be payable to the city by means of cash, money order, or cashiers check. Ifa 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 Upon discovery that a possible theft has occurred the Division/Department 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/Department 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 Department Director will file a police report and the Police Department 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 Department 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 Department 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 Department 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 Department of Fiscal Operations Cash Handling Training Manual for the Department located at in the amount of $ I have also been informed and understand that surveillance camera may be used to monitor city funds at this location. Signed: Custodian Department Director Date Date Date Department of Fiscal Operations Representative AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Fiscal Operations Kathy DuBose ~ Fiscal and Municipal Services SUBJECT Consider approval of an ordinance of the City Council of the City of Denton designating a Depository for City funds for a term beginning March 1, 2000 and ending February 28, 2002; authorizing the Mayor to execute a Depository Contract with Texas Bank as the primary depository; authorizing the City Manager and other City employees to transact business with the Depository; and providing for an effective date. BACKGROUND This item is to acquire a bank depository for public funds from eligible financial institutions. The agreement will not cover any investment transaction activities other than safekeeping services and possible purchase of certificates of deposit within a predefined limit. The City plans to manage its own investment portfolio. The contract period will be for two years beginning March 1, 2000 and ending February 28, 2002 with a provision for three additional one year extensions up to three additional years or five total years under the same terms and conditions of the contract, subject to the mutual agreement of both parties. The primary objectives of the depository agreement are: · To employ a Bank that is both capable of providing high quality banking services and willing to be attentive to the City's money matters; · To maximize the total dollars eamed by the City on invested monies in order to be prudent and effective custodians of the taxpayers' financial sources; · To maintain a good working relationship with the depository Bank; and To adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the marketplace. To fully comply with the requirements of Texas Local Government Code Chapter 105, as amended, The Texas Government Code, Chapter 2257, and all other applicable laws. Exhibit A (Fee Schedule) indicates the specific services and the amount charged for each service. The actual usage of the individual services will vary creating a variance in the total annual expenditure. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Investment Committee reviewed this proposal at a Special Called Meeting on January 7, 2000 and recommended the stipulation that the City request proposals no later than February 2003. FISCAL INFORMATION Payments of depository agreement charges will be taken from budgeted funds in the Treasury Division account = 100-042-024M-8935. Respectfully submitted: Diana G. Ortiz ~ Director of Fiscal Operations CITY OF DENTON BANK BID SUMMARY FY 1999-2000 First State Bank Bank One (g) Texas Bank Approx. Service Service Service Monthly Fee Per Total Fee Per Total Monthly Fee Per Total Monthly Activity Item Monthly Fee Item Fee Item Fee BASIC BANKING SERVICES Account and depO.sl_tory eervi~cee: ACCOunt maintenance 8 10.00 80.00 5.00 40.00 5.00 40.00 Zero balance account maintenance 6 0.00 0.00 5.00 30.00 5.00 30.00 Debits posted 3000-- 0.06 180.00 0.06 180.00 0.055 165.00 Credits posted 700 0.04 28.00 0.10 70.00 0.10 70.00 Items deposited: On us 750 0.04 30.00 0,02 11.25 0.04 30.00 Foreign items 12-(~00 0.04 480.00 0.03 336.00 -0.03 300.00 Cash management -- 1 50.00 50.00 8 20.00 160.00 0.00 0.00 Serial sort: Item -~,~661-'-]-' '-6~63- .... iD~O6--- ~)__ 0.04 0.00 _0-00 0.00 0.00 0.00 0.00 0.00 _M on t_.~_y minimum .... 1_ ...... ___50._0_0 ......... 50.0~0~ Funds transfer: ~n~o_minj __A-o___--_ <b_~_ .-_~.~_-~..-T_ 15_ 0.0--0_~i~ ........ 6_.0~0 ...... !~0.00 ..... 0.00 0.00 Repetitive (out~oin~).' Domestic -- 34 (b)------3~0-0 ....... ~;~ ........ ~0 ...... ~:~-- -- 5.00 170.00 Internal ___1_ (~) _.___0.0_0 ...... 0~._0_0__ 3.00 3.00 0-.00 0.00 Non~)&. --D*--~meStic 1 =(b) 5.00 5.00 6.00 6.00 5.00 5.00 Internal -1 (b) 0.00 0.00 4.00 4.00 0.00 0.00 Mail advice .... 64 0.00 0.00 2.00 128.00 0.00 0.00 Automated clearing house services: Deb~t/Credit On~l~nabon 2 0.00 0.00 10.00 20.00 _15.00 30.00 Dat---a transmissio~ 1000 0.05 50.00 0.08 80.00 0.04 40.00 3.00 3.00 0.00 0.00 Return nOtice 1 _ ~_ _0~00_ ....... 0~0~0 __ ......................... ~ ....... 0.05 0.05 0.00 0.00 0.00 0.00 Maintenance .............................. 0.00 0.00 Other Balance and pre_viousd~j~_o~in~ ....... -(~) ---0~00- -De-'bq*t~~ - ____ 370o (b) 0.00 0.16 ~92.00 0.00 ...... 0.00 0.00 Terminal ................................................. 0.00 0.00 Other Vault services: _Cha~e~ Order: (~)~p_ c_h_a_r~_e_ Coin -- - ...... .07/roll 0.00 0.00 0.00 0.00 ._ Curmn~ --- 30/strpJ~ 0.00 0.00 0.00 0.00 Deposit Process nL ............ -0~'0' .................... 0.--0~ ......... 0.~b- .... 0.00 0.00 Other ............... _ ---- __~_-_-'_-~-j -p'- -' _--_-_-~- -" -~-'~_ 0.00 0.00 0.00 0.00 Other Services: Automat~ment_ __ ...................................... __1__0___ (_b)~ _3_._0_0 ...... _3_0.0~0___ ~:b~- ...... ~.-~ ...... 0.00 0.00 A u t_o~n, t in__q.ui_,ry_ 0.00 0.00 0.00 0.00 0.00 0.00 I~fficient funds: ........ ~0 ......... ~-5~ ........ ~-~-(~ Return item 50 3.00 150.00 1.50 75.00 2.50 125.00 _Rede,~it reclear ---'-1- 3.00 3,00 1.00 1.00 __ 2.50 2.50 ................................Automated tax payment ~- 0.-~6 ..... -0~'(~ ..... 0.00 0.00 Deposit correction - 0,00 0,00 ~ 0.00 0.00 0.00 0.00 Debit/credit adjustment 0.00 0.00 0.00 0.00 --- 0.00 0.00 Other: Sto_~ments Written Recluests ~)- 15.00 0.00 1,493,05 , 2,126.25 1(~07.50 CITY OF DENTON BANK BID SUMMARY FY 1999-2000 First State Bank Bank One (g) Texas Bank Approx. Service Service Service Monthly Fee Per Total Fee Per Total Monthly Fee Per Total Monthly Activity item Monthly Fee Item Fee Item Fee S~ia~ s~av!cEs ......................... I~RB tr~i~ 6 8.00 48.00 z~).uu 1 o. 15.00 90.00 :~TC ~b , ~---'~-": _ 1~___ ' - ':.:~__07~0_'0_.: ::7: :'2_~J:~J_~_~_: ........ 2_5_.0__0 3~0 15.00 180.00 1 10.00 10.00 0.00 0.0 0.00 ___ 0.00 ~: '-:.~ !' ! ~ ~:: ~:~:: .. ........................................................... ?i~ ~: ........................... _-:: 6 0.10 0.60 0.oo . 0.00 0.00 ~ ....... ~-- -' 0:~6 .... i~:~--- ~.To ~.~ o,oo o.oo ~ SecurityMai~,: : ........°- 2.00 50.00 0.00 0,00 DepOsitor~ (P~C; :DTC) ........... -_'~:: ___~_-:_~_ .......... ~'.i3-6 ......... -~ ~: 6-0 ..... o.oo o.oo MiS~ellaneo,us Fees 0 80,00 0.00 35.00 0.00 0.~-0 0.00 :: : : 469.60 597.56 420.00 : : ; ; ; 1,962.65 2,723.81 1,427.50 Less Monthly Lock Box Fees (187,50) Less Bank One Investment Transactions 3 25 /75.00) 1,962.65 2,461.31 1,427.50 j~.~h~.,~i~l~,~T~:~' .'~:: i 30.00 30.00 ~'~;~ ~ ~ "' ' .... ....... ~- b .... ~ .... 0~ .... 000 000 0.00 ~<~t ~ ~. __3_5_00__ ~b~_ ....................... _f~ .................. . ......... ~~i)~.);: ', _:..Z_._3500_ ~___ 0,93 ____~__08.00__ ...... 9.._05 .... 175.00 0.00 o.ou ~l;J~'~[t~l~ 3500 ' ~) 0.04 0.00 u.uu .... _ ~!~ --~s~-- ...... b:~ ...... ~2~.56--"-(ci----~ ..... ~.o~--~' o~ o.oo ~- I~t~ ,:~ :_~_= ; ........................................................................ :; :l~ej" s. ~; '-- ! ::~:'~ -~-5- ....................................... -~.5~- :-7-:-'-:~--::'--'-: ...... ¥ ................................ ~-.~- 0.00 ;:~=~ ~-- -~'-'~'-~ .... i ............................... ~, ...... ~O:ob- ........ 6;~6- : ~lel - : : ......................... c(~____,_~ ..... -.-- ___ 4 10.00 40.00 c(c~ 10.00 0.00 ____ __ ~ :? .......... i~'- -: iii _:~. '_- '~: '-: ................................... ~ ~ '"~ '~,~ '~' ~': :~: ~':'--~'-'~-?-- ................ 50 O0 35 O0 35 O0 100 O0 100 O0 I~lbiltl~l~arl'~e-:: := : 50.00 . _ ....... -_-- _ ..... - .... __. ~'-~--: :. ' ............................. 40,00 40.00 ~J:~: ~'~'-~ --%=~,~ ..... ~ '~ ...... ;~:~ --- -?~ ' --~):bl ......... ~-~-0~-- ~..~-;~ 455 O0 ~I~:~"l~l~ : ~ ~ ~-'~-- ~'f'/- 0 03 105 O0 :,~~--_-.__~_. ; ~ o=,~,_ ._~ ~ (d_ o.oo o.oo :~ : 1 oo.uu oo.v~ 0.00 0.00 ~Oa~:int~en~:-; :~:~77----'~' ...................................... 5-0: o-~ ..... ~--o.o-~ ..... ~" := : : : 757.50 : : .~7: : 786.00 665.00 2,748.65 3,126.31 2,185.00 Annual 32,983.80 37,515.72 ~6,220.00' (a) This represents an additional .01 vs..06 charge for debits posted (b) Cash management (c) No extra charges for positive pay. Is included in account reconciliation. Charges shown are if account reconciliation is not purchased. (d) statements and images are not available via CDROM; however, these will be available via the internet in 2000 at no charge (e) Depending on the services the city chooses, either partial or full reconciliation fees will be incurred, not both. Also, either CD Rom or serial sort charges. (f) will be available by year 2000; however, bank did not submit cost schedule for services. (g) Any out-of-pocket safekeeping expenses incurred to be paid by the customer. Also, Bank One has offered the City $5,000 to be utilized for new supplies (bags, checks, deposit slips) if awarded the contract. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING A DEPOSITORY FOR CITY FUNDS FOR A TERM BEGINNING MARCH 1, 2000 AND ENDING FEBRUARY 28, 2002; AUTHORIZING THE MAYOR TO EXECUTE A DEPOSITORY CONTRACT MTH TEXAS BANK AS THE PRIMARY DEPOSITORY; AUTHORIZING THE CITY MANAGER AND OTHER CITY EMPLOYEES TO TRANSACT BUSINESS WITH THE DEPOSITORY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 'the City of Denton has notified all the banking institutions within the City of its intent to receive applications for the perfomxance of depository services and the custody of City funds for a term beginning March 1, 2000, and ending on February 28, 2002, with three possible one-year extensions of the Contract not to extend beyond February 28, 2005, in accordance with the requirements of Chapter 105 of the Local Government Code; and WHEREAS, the City of Denton has received an application for depository services from a banking institution desiring to be designated as the primary depository for both operations and payroll accounts and standard banking services as requested in the proposal; and WHEREAS, after such opening, the City Council found, on the basis of the bid application, that Texas Bank has submitted the application offering the most favorable terms and conditions to the City for the handling of such funds; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That Texas Bank is hereby selected and designated as the primary depository for operations and payroll accounts and banking and depository services beginning March 1, 2000, and ending February 28, 2002, with three possible one-year extensions of the Contract through February 28, 2005, in accordance with Chapter 105 of the Texas Local Government Code. The Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute a depository contract with Texas Bank, substantially in the form of the attached Contract. SECTION 2. That the Contract, including all attached exhibits, with this depository having its office and place of business in the City of Denton, Texas, shall be attached hereto and made a part hereof, and the same is hereby in all things approved and accepted. SECTION 3. That the following officials: Michael W. Jez, City Manager; Rick Svehla, Deputy City Manager; Kathy DuBose, Assistant City Manager for Fiscal & Municipal Services; and Diana G. Ortiz, Director of Fiscal Operations, are hereby authorized to transact business with the above listed institutions regarding daily banking transactions or investments for the City of Denton. SECTION 4. That the City Manager is authorized to make the expenditure of funds and fees and take the actions as indicated in the attached Contract and exhibits. SECTION 5. That this ordinance shall become effective immediately upon its passage 'and approval, PASSED AND APPROVED this the day of ~ 2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / FAshared\dept~LGL\Our Documents\Ordinances\OO\depository ordinance.doc DEPOSITORY SERVICES CONTRACT STATE OF TEXAS § COUNTY OF DENTON § ARTICLE 1. SELECTION AND TERM Texas Bank, hereinafter referred to as "Depository" at P.O. Box 760, Weatherford, Texas 76086, a bank located in the State of Texas and the deposits of which are insured by the Federal Deposit Insurance Corporation, was duly selected in compliance with the terms and provisions of Tex. Loc. Gov't Code Ch. 105, Tex. Loc. Gov't Code §131.903, Tex. Tax Code §6.09, and all other applicable laws, by the City Council of the City of Denton located in Denton County, Texas hereinafter referred to as "City" to serve as the depository of the funds of City. The action of the City Council was duly taken and the Depository is to serve pursuant to this Contract for a period of two years, beginning March 1, 2000 and ending February 28, 2002. Provided, however, that this Contract may be extended for up to three additional one-year terms at the request of the Depository and upon the approval of and sole discretion of the City through its City Council. Depository also agrees that the City shall have up to 60 days from the date the City Council designates it as the City's depository to transfer all municipal funds covered by this Contract from its current depository to Depository. Under no circumstances shall the term of this Contract extend beyond February 28, 2005 or the maximum term allowed by law. It may be sooner terminated by Depository's failure to adhere to all requirements of this Contract. ARTICLE 2. OBLIGATIONS OF DEPOSITORY A. The Depository shall pledge to the City and deposit in safekeeping and trust with another bank acceptable to the City approved security as defined or referred to in Tex. Loc. Gov't Code §105.031, et. seq. and the Collateral for Public Funds Act, Chapter Act, Chapter 2257 of the Texas Government Code, in an amount of market value sufficiently adequate to protect all funds of City on deposit with Depository during the term of this Contract, but not less than that required by Tex. Loc. Gov't Code Ch. 105, Tex. Gov't Code §2257.022, the City's Investment Policy, and all other applicable laws. Depository shall execute the Depository Pledge Agreement attached to this Contract as Exhibit "A" and made a part hereof as if written word for word herein. All deposits, including accrued interest, are to be fully collateralized in accordance with the above terms. Depository will be responsible for determining daily if the collateral is sufficient in accordance with this Contract, the Depositories for Municipal Funds Act, the Collateral for Public Funds Act, and all other applicable laws. Pledged securities will be listed as an addendum to the Depository Contract in Exhibit "A". Pledged securities will be held by the Federal Home Loan Bank in joint custody with the City and the Depository. Provided further that: 1. The approved securities shall be of the kind defined or referred to in Tex. Loc. Gov't Code §105.031 and Chapter 2257 of the Texas Government Code and acceptable to the City, and the amount pledged shall be in a total market value as directed at any time by the City Council in accordance with standards acceptable to the City Council and as required by applicable laws. 2. The conditions of the pledge of approved securities required by this Contract are that the Depository shall credit the account(s) of City with the full mount or all State of Texas Warrants presented to Depository for the account of the City no later than the banking day next following the day of Depository's receipt of such warrants; that Depository shall faithfully perform all duties and obligations devolving upon Depository by law and this Contract, including specifically the duty to collect with diligence checks, drafts, and demands for money deposited with Depository; pay upon presentation all checks or drafts drawn on order of the City in accordance with its orders duly entered according to the laws of Texas; pay any time deposit or certificate of deposit of City in Depository upon maturity or after the period of notice required, and faithfully keep, account for as required by law; and faithfully pay over, at maturity or on demand, as City may elect, to any successor depository all balances of funds the City then has on deposit with Depository. 3. The pledge of approved securities required by this Contract shall be a continuing pledge, ceasing only upon the later of the termination of this Contract or the fulfillment by Depository of all of its duties and obligations arising out of this Contract (and a continuing security interest in favor of City shall attach immediately upon any such pledge to all proceeds of sale and to all substitutions, replacements, and exchanges of such securities, and in no event shall such continuing security interest be voided by any act of Depository). But notwithstanding the foregoing Depository shall have the right, with the consent City, to purchase and sell and substitute or replace, any and all of the approved securities pledged pursuant to this Contract with other approved securities, provided that all of the other conditions of this Contract are adhered to by Depository, and such pledge shall be in addition to all other remedies available in law to City. 4. This Contract shall become binding upon City and Depository only upon approval by the City Council of the Contract and the application attached hereto. To the extent of conflict, if any there be, between this Contract and the application, Exhibit "B", and any of the attached exhibits, the terms of this Contract shall control. Nothing in the terms and conditions of the application (Exhibit "B"), including without limitation, any indemnity or venue clauses, shall control or reduce the obligations of Depository under this Contract, it being the intent of the parties that the terms of this Contract shall control and be binding over any conflicting provision in the exhibits. All conflicts in the exhibits shall be resolved in accordance with Article 2 A. 10 of this Contract. 5. Upon execution, Depository shall immediately furnish or cause to be furnished to City original and valid safekeeping or trust receipts issued by the bank holding the approved securities pledged pursuant to this Contract, marked by the holding bank on their face to show the pledge and market value as required above. City shall promptly furnish two executed copies of this Contract, photocopies of all such receipts, and photocopies of new receipts for substitutions and additions and written notice of deletion, when made, to Depository. 6. On the execution date of this Depository Contract the Depository agrees to pledge an amount that is equal to funds anticipated to be on deposit from day to day. 7. Any closing or failure of Depository, or any event deemed by City to constitute a closing or failure of Depository, shall be deemed to have vested full title to Page 2 all approved securities pledged pursuant to this Depository Contract in City. City is hereby empowered to take possession of and sell any and all of such pledged approved securities, to the extent not forbidden by law, whether in safekeeping at another bank or in possession of City, and City is specifically so empowered by Depository. 8. Depository agrees that it will act, and the City hereby designates Depository as its primary depository, with both parties agreeing that all funds herein shall be deposited and invested in compliance with all applicable local, state, and federal laws including, but not limited to, the Depository for Municipal Funds Act, Chapter 105, §105.001-105.092 of the Texas Government Code (V.A.T.C.S.); the Collateral for Public Funds Act, Chapter 2257, §2257.001-2257.083 of the Texas Government Code (V.A.T.C.S.); the Public Funds Investment Act, Chapter 2256, §2256.001-2256.104 of the Texas Government Code (V.A.T.C.S.); the City Charter and Code of Ordinances of the City of Denton, Texas as amended; and the Investment Policy adopted by the City. It is also the intention of the parties hereto, in conformance with the above-mentioned laws, that the City shall remain at maximum flexibility to invest its funds prudently to earn the highest rate of return consistent with the City's Investment Policy and all other applicable requirements of the law. 9. Depository shall, in retum for the City depositing its funds in the Depository, provide professional banking services as an independent contractor for the charges as set forth in the Depository's application dated November 29, 1999, which application is attached hereto as Exhibit "B" and made a part of this Contract for all purposes. 10. Depository shall perform all those banking services set forth in Exhibit "A"; its application attached hereto as Exhibit "B"; the City's Request for Applications for the Performance of Depository Services, which is attached hereto as Exhibit "C" and made a part of this Contract for all purposes; and Exhibit "D", Cash Management Contract, which is also attached hereto and made a part hereof for all purposes. In case of conflicts between this Depository Contract and the aforementioned exhibits or in case of a conflict between such exhibits, the conflict will be resolved as follows: First, this Depository Contract controls over all exhibits; second, Exhibit "A" controls over Exhibits "B", "C", and "D"; third, Exhibit "C" controls over Exhibits "B" and "D"; and fourth, Exhibit "D" controls over Exhibit "B". 11. Depository shall (a) keep the municipal funds covered by this Contract, (b) perform the duties and obligations imposed on the Depository by law and under this Contract, (c) pay on presentation all checks drawn and personally payable on a demand deposit account with the Depository, (d) pay all transfers properly payable as directed by the designated employee or officer chosen by the city, (e) provide and maintain security at the level required by Tex. Gov't Code Ch. 2257, and (f) account for municipal funds as required by law. B. Depository warrants that each computer, hardware, software, and firmware product or equipment utilized by Depository to deliver financial and depository services under this Contract shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by Depository, provided that all other interfaces (e.g., hardware, Page 3 software, firmware) used in combination with such product properly exchange data with it. If this Contract requires that the Depository's equipment or products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to Depository's products and equipment as a system. The duration of this warranty and the remedies available to the City for breach of this warranty shall be as defined in, and subject to, the terms and limitations of Depository's standard commercial warranty or warranties contained in the contract(s), provided that, notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to City under this warranty shall include repair or replacement of any Depository-utilized product or equipment whose non-compliance is discovered and made known to Depository in writing and Depository, in accordance with Article 6 hereof, shall indemnify City against losses caused by any breach of this warranty. Nothing in this warranty shall be construed to limit any rights or remedies the City may otherwise have under this Contract with respect to defects other than Year 2000 performance. ARTICLE 3. ADDITIONAL SECURITY Subsequent to the execution date of this Contract, should the amount of deposit exceed that which is initially pledged, said amount will be increased, and the safekeeping receipts of the additional securities will be provided in accordance with Paragraph A(5) of Article 2 herein. ARTICLE 4. ADDITIONAL DEPOSITORIES This Contract shall be non-exclusive and the City reserves the right to designate secondary or additional depositories and to, if necessary, enter into Depository Agreements for other City funds with other banks in Denton County or adjacent counties whenever the interests of the City may demand. The City also reserves the right to contract with other financial institutions under separate contract if the City determines that additional financial services are necessary in the administration, collection, investment, and/or transfer of municipal funds. ARTICLE 5. LEVEL OF COMPETENCY Depository and its officers and employees performing services hereunder agree that in the performance of these depository services, they shall be responsible to the level of competency and shall use the same degree of skill and care as presently maintained by other practicing professionals performing the same or similar types of work in the State of Texas. ARTICLE 6. INDEMNIFICATION Depository shall indemnify and hold harmless the City, its officers, agents, and employees from loss, damage, liability, or expenses on account of any claims, damages, or injuries, whatsoever to all persons including employees of Depository and City, including without limitation breach of the Year 2000 Warranty set forth in Article 2.B., which may arise from any negligence, error, or omission in the performance of this Contract on the part of Depository or any breach of its obligations or duties under this Contract, and Depository shall defend, at its own expense, any suits or other proceedings brought against the City, its officers, agents, and employees, and shall pay any expenses to satisfy all judgments or losses whatsoever which may be incurred or rendered against them or the City. Page 4 ARTICLE 7. EXHIBITS All exhibits attached to this Contract are considered to be integral parts of same, and Depository will fully comply with the terms and conditions of same. ARTICLE 8. VENUE For purposes of determining venue and the law governing this Contract, services performed under this Contract are performed in the City and County of Denton, Texas. Any suit or dispute regarding this Contract shall be decided and settled in a court of competent jurisdiction sitting in Denton County, Texas. ARTICLE 9. COUNTERPARTS This Contract may be executed in any number of counterparts, and each such counterpart shall be deemed for all purposes to have the same effect as if all parties to this Contract had signed one and the same signature page of this Contract. ARTICLE 10. TERMINATION A. The City and Depository shall, as a matter of right without necessity of default on the part of City or Depository, terminate this Contract at any time by giving the City or Depository 90 days prior notice in writing. Should Depository default in any of its obligations to City under this Contract, City shall give Depository notice of default in writing, and Depository shall have 30 days from receipt of the notice to correct the default. If Depository fails to remedy default within this time, City, at its sole option, may cancel this Contract and Depository shall be fully responsible to pay City any and all damages caused by its default. Depository shall be paid for all services satisfactorily performed in accordance with this Contract up to date of any termination hereunder. Depository's filing of a petition in bankruptcy or being declared insolvent by a federal bank regulatory agency shall be considered a material breach of this Contract. Nothing herein shall deprive City of any other remedies in law and equity to enforce the terms, conditions, and obligations of this Contract including, but not limited to, instituting suit for damages or, in the alternative, specific performance of this Contract. B. In the event of termination, Depository shall fully cooperate with the City to transfer all municipal funds to the new depository designated by the City. ARTICLE 11. NOTICES All notices required under this Contract must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: CITY: DEPOSITORY: Michael W. Jez, City Manager City of Denton 215 E. McKiuney Denton, Texas 76201 Texas Bank Gwen Chick P.O. Box 760 Weatherford, Texas 76086 Page 5 Either party may change the address to which notice is sent by giving the other party notice of the new address in the manner provided in this section. ARTICLE 12. ASSIGNMENT Depository shall not assign any interest in this Contract and shall not transfer any interest in this Contract (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. ARTICLE 13. BINDING EFFECT This Contract shall be binding upon and enure to the effect of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Contract. ARTICLE 14. ENTIRE AGREEMENT This Contract and the attached exhibits constitute and express the entire agreement between the parties and shall not be amended or modified except by written instrument signed by both parties. ARTICLE 15. AUTHORITY TO CONTRACT Depository hereby does represent to the City that its officer or officers who have executed this Contract have full and complete capacity and authority to execute a binding Depository Contract which is effective, for all purposes, as to all services to be provided and all terms and obligations under this Contract. ARTICLE 16. DUPLICATE ORIGINALS This Contract is executed by the City and the Depository in three copies, all of which shall be deemed originals. IN WITNESS of which this Contract has been executed on this the 1st of February, 2000 by the duly authorized officers of Depository and City. CITY OF DENTON: By: Date: __ Name (Print): Jack Miller Title: Mayor Address: City of Denton 215 E. McKinney Denton, Texas 76201 Page 6 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY TEXAS BANK By: ~-~ Date: AUTHORIZED SIGNATURE Name (Print): ~t~./e~ ~ ~C~ Title: ~.-/-/(~r-V- ~ff l N P, tOCt^t- Page 7 BANKS Bank of the West 903 Providence St. Denton, Texas 76201 Bank One, Texas 1200 W. University Drive Denton, Texas 76207 Farmers & Merchants State Bank 416 W. University Drive · Denton, Texas 76201 First Federal Savings Bank o£North Texas 321 W. Oak Denton, Texas 76201 First Savings Bank - Merchant Services 100 W. Oak Denton, Texas 76201 First State Bank of Texas 101 S. Locust Denton, Texas 76201 Guaranty Federal Bank 1444 W. University Drive Denton, Texas 76201 Northstar Bank of Texas 400 N. Carroll Blvd. Denton, Texas 76205 Point Bank P.O. Box 278 Pilot Point, Texas 76258 Provident Bank - Denton 2220 San Jacinto Blvd. Denton, Texas 76205 Texas Bank P.O. Box 1977 Denton, Texas 76202 AGENDA INFORMATION SHEET Agenda rdo. Agenda Item_ ,, (--Y . - AGENDA DATE: DEPARTMENT: ACM: February I, 2000 Utility Administration Howard Martin, 349-8232 SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR THE CITY'S PARTICIATION IN THE OVERISZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANACE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE. BACKGROUND: This project consists of approximately 1,974 linear feet of 15-inch and 1,774 linear feet of 18- inch off-site sanitary sewer extension from Leatherwood Street to Hickory Creek Ranch development south of Hickory Creek Road and west of FM2181 (See Exhibit I for location map). Hickory Creek Ranch required an 8-inch off-site sewer main for serving their development. The off-site portions of sanitary sewer were upsized to 15-inch and 18-inch at the request of City of Denton. This was requested to provide gravity sanitary sewer service to any potential future developments in this drainage basin. This also eliminated developers to consider a lift station and pump wastewater to the north. This oversize agreement is in an amount not to exceed $55,780.00. OPTIONS: Funds are available for oversizing of the sanitary sewer. Extending an 8-inch sanitary sewer will limit the area of service and will require City to install a parallel line to the 8-inch for any potential growth. RECOMMENDATIONS: The developer has submitted a request for oversize participation based on the construction cost (Exhibit II). This amount has been examined by staff and found to be reasonable. Staff recommends City's participation in oversize agreement with Kaufman and Broad. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISION) None ESTIMATED SCHEDULE OF PROJECT: The project is already complete and approved by the City of Denton. FISCAL INFORMATION: None BID INFORMATION: None MAP: Exhibit I Prepared by: P.S. Arora, P.E. Engineering Administrator Exhibit I: Exhibit II: Exhibit III: Exhibit IV: Location Map Cost Estimates CIP detail Sheet Ordinance and Agreement Respectfully submitted: Jim Coulter Assistant Director Wastewater Utilities N o 3AIWO O00MW3HIV3] EXHIBIT I 09/09/99 THU 14:34 FAX 214 636 0447 C & B DALLAS ~002 City of Denton Sewer Oversiging Participation Prepared by Carter & Burgess, Inc. DEVELOPER COSTS UNIT TOTAL COST PRICE AMOUNT PERCENT $16.50 $0.00 0% $16,50 $18,628.50 BASE COST $16.50 511,830.50 BASE COST $o,oo $o.oo 0% $16.50 $19,321.50 SASE COST $16,50 $o.00 0% $16,50 $9,949.50 BASE COST So,oo $o.0o 0% $2.6oo,oo SLO,OOO.OO 100~ $1,700.00 $27,200.00 BASE COST 50.00 so.oo 0% $2.00 S?,496.00 100% 51.00 $3,746.00 100% $108,174.00 CITY OF DENTON PARTICIPATIO UNIT TOTAL PERCENT PRICE AMOUNT AMOUNT $o.oo $o.oo 0% $3.50 $3,951.50 OVERSIZE $11.50 $6,245.50 OVERSIZE $2o,oo $2,56o.oo 100% $14.50 $16,970.60 OVERSIZE S0.00 $0.00 0% $14.50 $8,743.50 OVERSIZE $0.00 $0.00 0% $o.00 $0.00: 0% $600,00 $12,800.00 OVERSIZE! s2,5oo,oo s2,5oo,oo 100% $o.oo so.oo 0% $0.00 $0.00 0% $55,780.00 Carter & Burgess, Inc, EXHIBIT II PROJ 11 I'LE: (G) OVEIL~[ZE SENVERLINF~ F~I'IMATED COST: $1~ (z 1~) GROUP ASSIGNMENT: DF~CRIPI'iON: Money allocated to pay the difference in construc~m cost o/~ · mnitary m line size rrm the minimm requirat de~jn size indklted h the mbdivi~on regulations to · larger diameter tine size needed in the futm. t for in~reased frowth in an undeveh)ped nrta, meet incruud vohnnes d wusuq~ due to future [row~h or ntw subdivisiom md bminemes in an undevdoped area. BOND REV AIC OTH~ TOTAL TOTAL IST YR S110 S~~ S0 $0 SI# TOTAL 21~) Ylg 0 · · 0 O TOTAL ;)RD YR O O 0 0 0 GBANDTOTAL SI# SO # # SI# ;.~ ~,!~:.~, ,,~.~%~ .... ~ "~r ~,~,~=;~''~', . ~.~ .~ '-~ S1# 913~ ENCUMBRANC'~ TOTAL $1# COMMENTS: $100 S0 $~ S0 $1~ 0 0 0 · 0 EXHIBIT Ill ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be designed, installed, and constructed by Kaufman and Broad of Dallas, Inc. in an amount not to exceed Fifty Five Thousand Seven Hundred Eighty Dollars and no cents ($55,780.00), in accordance with {}34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX. LOC. GOV'T. CODE {}212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Sewer Main Cost Participation Agreement Between the City of Denton and Kaufman and Broad of Dallas, Inc. for the oversizing of ten (10") inch off-site sewer main to fifteen (15") inch and to eighteen (18") inch sewer mains; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to Kaufman and Broad of Dallas, Inc. entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION 2. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ? t ~ S:\Our Docurnents\Ordinances\99\Sewer Main Cost Particip Agrmt-K&B of Dallas ord.doc THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. WHEREAS, Kaufxnan and Broad of Dallas, Inc. hereafter referred to as "Developer", whose business address is 2611 Westgrove, Suite 101, Carrollton, Texas 75006 wishes to develop and improve certain real property named "HICKORY CREEK RANCH" (as shown in Exhibit I, attached hereto and incorporated herein, by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such real property with adequate sewer service by designing, constructing, extending, and installing a sewer line of an inside diameter of ten inches (10"), hereafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said sewer main to provide for an "oversized" sewer main to expand its utility system and to insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City AGREE as follows: 1. Developer. shall design, install, and construct approximately 1,974 linear feet of fifteen (15") inch and 1,774 linear feet of eighteen (18") inch sewer mains and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities. This Development Contract is attached hereto as Exhibit II and incorporated herein by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas. 3. Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. City's share in the cost of the Oversized Facilities. Based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Fifty Five Thousand Seven Hundred Eighty Dollars and no cents ($55,780.00). City may elect one of the following methods to determine City's share of the cost: a) Developer shall prepare plans and specifications and fumish them to City. City shall competitively bid the required line and the Oversized Facilities in accordance with Chapter 252 of the Texas Local Government Code. The difference in the bids shall be used to determine the City's share, subject to City's maximum participation in cost as specified in this Agreement; or b) Developer shall prepare plans and specifications and take bids on the required line and the Oversized Facilities. City shall pay Developer the least amount of the following: (1) The difference in the bids for the required line and the Oversized Facilities; or (2) Thirty percent (30%) of the bid on the Oversized Facilities as provided for in §212.072 of the Texas Local Government Code: or (3) '$55,780.00, the maximum participation cost allowed herein. The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing, or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface,. or other site conditions; differences in the calculated and actual per linear feet of pipe or. materials needed .for the Oversized Facilities; Developer's decision as to the' contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. 5. The City will make monthly payments for its share of the Oversized Facilities. The Developer shall submit monthly pay requests on forms provided by the City. The Developer's engineer shall verify that each pay request is correct. Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain 10% of the total dollar amount until the project is accepted. Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 6. To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the fight to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities. 7. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Utilities for City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement; and Developer shall, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall temdnate. 10. This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 11. This Agreement shall not be assigned by Developer without the express written consent of the City. 12. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED in duplicate original counterparts by the duly-authorized officials and officers of. the City and the Developer, on this the day of ., 2000. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: /~~ ~-~) .... DEVELOPER" KAUFMAN AND BROAD OF DALLAS, INC. ATTEST: By: By: S:\Our Documents\Contraets\99~Sewer Main Cost Particip Agrmt-K&B of Dallas.doc N ~ ~ 3AIWO O00MW3H/¥39 ~ STAT~ OF T/DfAS COUNTY OF DI~gTON .DEVh'L Op~ CONTRACT com'~cr ~o..,, ~09 ~ler~ ~(AUFMAN & BROAD OF DALLAS hemm%r refermd lo as .Owner,. whose bus/n~ss address /s 2611 WESTGROVE~ SUITE '101 PAGE 1 /~ Wher~s, tim Own=- e/c~s ~o constnm tim rmprovemen= w/tho,,, contmcfmg with anoth=r party as ~,,,~ conn'a~or,/n wh/ch case the prov/sions of ~ corm'a= wh/ch mi'~r tn 'Own:r" or 'Conna=tnr" slmll m~an ~ Own~ as named above; or whos= bus/ness address is h=rcaficr r=fcrmd'tu ,as 'Conwac~or~; and CID,, become public property,, ar: prop~Tly constr~r~d specific~=i.ons and tha~ paTm~t is mad: thcr:i'or;, Wh=r~s, Owner and Conwactor r=co~ that th= Cily has an/nmr=s~/n cnsur/nt ~ha= the Improvem=ms subjec~ to ~ agr~m=nr, wMch w/II, upon comple~/on and acc~ranc~ by the /n ~=or~_c= w/th '~ City's WITNF~SETH As tn the/mprovemems tn/~ dedicated m the pubI/c, as spec/fled/n ~bit A, attached her=to and ~ncorpommd by r=f=r=nc=, ~o be ~al/ed and constructed a~ ~IcI~oRy cR EE~ the Owncr, Cont:r-~'r~ ~md ~__~D', ~n colL~..~on of ~ mtm,~! promises and covcn~.n~ con.ed herd=, ~ = fo//ows: 1. Coven~t~ otCorrtr~___~,r_. Comra~oratr~.s as foIIow= (a) Socc/fic~t/ons. To consm~ and ~-,-~3 - PA/~2 the procedure, spec//icaz/ons and standards conta/n~d/n Div/s/on 12 and :12 o£ t/~ ~ ~t'an~dard $~e~ifiratfons for Public Works Co~nstruct/on. North Centra/Texas as amended, and a//add~ndums thereto, and a~ other regu/at/ons, ord/nanc~S or spec/fir, at/ohs app//cable ~o such /ncorpora~d ber~/n by re£erence and be/ng made a part of th. ~t as though wr/nen here/n. (b) ~l~~C~~~l. Tests and Orders Owner and Contractors Warrann,. That all work on th~ Improvements sba/! be performed/n a good and workman/ik~ rnmm=r and to the sat/sfaction oftbe City Engineer or Ms repr~Sentati;e. The Civ' Engin~ s~/I d¢cid~ ali qttes~io~, wMch ar/~e as to the qua//~y and ~c~abiliV of rnater/a/s fumish't'd, work p~f'ormed, and the/nt~pretazion of sp~ificazions. Guarantee for a per/od of one y~ar ~'om the dam o£6.~ acceptance a~ work as r.a/led for/n the sp~:ificat/on and contract documertts to be fr~ ~om d~ects/n m-*~-.r/als and workm..~hip. Owner, contractor and the/r sur~t~ ~.. the case mar b~ shal/rem~y any str..h d~£~/n mra~ds and workmansh/p and pay for any d~,,,age to the work or to other work guam-tee for a p~riod of one year from the date of ~ acc~m~:e all work as called/'or in the sp~:ification and contract cloture=ars to b~ fr~ from d=i'~ts in -,,-_~iais and/or fadliti= which .shall appear within one year flora the dam of ~ compIetion and a~eplm~ by the ~ty. The ¢o,,*,actor shal/fi~r,~,h the Cit7 Eng/ne~ or Ms r~:~':santaz/ve w/th ~ery maso-,ale ~ ~r asc=za/n/ng wbeth= or not the work p=formed ~as/n a:cordan~ w/th the spec/fica~on~ app//cable th=~to. An7 work done or mater/a/s urn/ w/thom suitable insp~a/on by the City m.y b~ or&red removed and rcpla~/a~ Conn-a~or's exp~ns~ 0whir, ~he ConWa~r and fl~ir surety on the P~/'onnanc~ bond -~h~!I and do h=r=b¥ warran~ and ~mam~ i'or a period of one year from th~ da~ o~fi~,! a~P~anoe all work as called for in the speciflc~on and conwa~ documenu to be fi~ fi'om de.i'e~i~ in mar~-ials and worl~an.~p. Owner, contractor and th~ surely as ',he case may b~ s~.!I.ztmcdy any such d~fects in m~T~rials and work. mans~p and pay for any damage to ~_~ worlc or to other work or ~iliti~s which ~all appea' w/thin one y~ar from the da~ of final acceptance by tim Cily. The City En~r or I,i, d~/gn~ shall ..p~... onn per/od/c inspect/ohs of the work and shall perform a final insp~/on pr/or to the work b~/ng turned over m ~he. ¢it~ and an . inspection 30 da~s prior to thc. ~pL, afion of one year fi. om thc date of t%~! ccimPldiort and acc~tan-~e of the work by the Ciiy. UpOn £ailur~ of the Contractor to allow for ir~pecllon, to te.~ ~ To prov/~ ~or /m'urance i~ a~o~ with tlm /nsurance requ/mman~s appllcable m ~~ ~ ~ ~ ~ I~ 1~6 ofDi~on I of ~ ~ For PubIi~ W~ C~om NoF~ C=.~ T~s~ ~ ~ ~ ~o~ - PA(ii~ 4 (b) Retaina~e: F/nd Pavm~n~ /This ~on (c) a~ ~d Con. mr ~ no~ ~ ~m~ p~.~ ~ ~ s~ gor dolI~ ~o~t o~ ~e con~ ~ ~ ~ ~ ~pm~ or ~c~cc of ~c ~vemen~ (c) Hncumbrances. That upon completion and appmva/ or acceptance of the Improvements of the CitT, th~ Improvements ~h~. becom~ the property of the City free and clear of all lie. ns, claims, ~ or e=umbraar~s of any kind. LC at= acceptance of the Improwmr~ts, any claim, Ii,n, ~h~ge or ~cumbra~¢e is rn~a% or found to ~ against the hnpro~.m~, or lami declined w the Cily, to wtfid: ~hey are affixed, fl~ Own=r and Conwac~r ~is/icd and ml=ased or promptly post a bond with the Ciiy/n th~ amount of such cla/m, Ii,n, PAGt~ 6 rd) ~Iil~Letlzlt!5..c,l~ Ti~ Ow~r.~,~l and h~r~by does ~~, ~ ~ Ci~, i~ offi~ ~ts ~ ~loy~ ~m ~ ~ ~o~ ~, ~ ~ d~s~pffon b,~a~ht for ~ on ~o~ of~y ~j~ or ~ed by ~y p~o~ p~so~ ~ ~p~ on ~o~t of~ op~om of~ Con~or, agcn~ ~ploy~ or mbcon~; ~ ~ ~o~ of ~ ne~g~nt Con~or, ~ a~cn~, ~ploy~ ~ ~co~n ~ co~on of shall pay any judgment, with co~s, which rosy be obtained aga~-~ thc Cily grow/rig out o£~¢h injury or ctamag . (e) Am'~ment ConlTollina 'l'bat th~ pmv/~on ofthi~ agra-men! sh~II ~ontrol over any conflicting prov~ion of any contra~t between the Owner and Contm:tor as. to the 3. ~. 7~,!;-upon proper completion or,he Improvements in accorctance 4. Venue and Oovereln!; La,,,. The panics herein agree ~ thi~ ¢ollll-d~ -~hn~i be ez~for~eable in Denton Courtly, T~cas, and ii'legal a~ion is nec~ry in com~ecfion ~herewkh. exclusive veau~ ~ He in D~on County, T~xas. The m-ms and provis/o~s of-,h;~ con~ra~ sh~I be co~n~cl h a~co~mce w/th fl~ laws and court dedsions afthe St~*~ of Tcxas. $. Sue~ss°r and ~, This conua~ _~I b~ binding upon and inur= to th~ b=n:~ of tl~ panics hereto, flzir zespe~ive su~essors ami assigns. - PAGe7 CONTRACTOR ATTEST: J~i~ l:t{' W,~L Y,~IiS, CITY SECRETARY CITY OF DENTON, APPROVED AS TO LI~CAL FORM: ~ERT L. PROUTY, CF/'Y ATTORNEY BY: - PAGH 1~ E~hibit 1 Hickory Creek Ranch Phase Bond Estimate Summary Paving Onsite $ 331,832.00 Offsite 97,676.00 Excavation - Roadway Water System Sanitary Sewer Onsite Offsite 116,453.00 112,180.00 Drainage System TOTAL BONDED AMOUNT $ 429,508.00 126,930.00 137,306.80 228,633.00 346,990.00 $1,269,367.80 See Attached Schedules for Detailed Cost Estimates *** V E R I F I E D 8 Y CARTER & E UR G E S S,, I N C. PRELIMINARY CONSTRUCTION COSTS PROJECT NAME: HI~ORY C~EEK P~ ACREAGE: 27.10 ~. LOTS: 86 p H A S E= I CREATED: 18-Aug-98 BY: T~ C I T Y~ DENTON R E V I S E D= (~{~ B~ APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AHOUNT D. STREET AND ALLEY PAVING 6' ~EIN~CON~ STREET ~T. SY 8,530 $20.00 $170,600.00 7' ~EINPORC~DCONC~ETE STREET ~. SY ~.~5 $21.~0 $114,917.50 6" LI~ ~ ~- LI~ (32 ~]~) SY 14,~86 $2.~5 $40,386.50 ................................................... ~ .................................................................................. PA~ ~ ~ 41 $8.~0 $~28.00 ...................................................................................................................................... ~I~ ~ ~S ~ 6 $600.00 $3,600.00 ..................................................................................... ~1~000.00 S~~E ~ I $1,000.00 ...................................................................................................................................... $S00.00 $500.00 ...................................................................................................................................... ~ZC B~ ~ 1 $500.00 $500.00 ~I~ ~ ~ 0.0% $0.00 $0.00 SUB - T O ~L g T ~E E T p A V I NG $331,832.00 E'. E X CAVA T I O N A(~ 27 $1, O00.00 $27,100.00 C~EA~ING A~ G~BBIN~ ................................... ............................................... $1.60 $46,080.00 STREET AND RI(]~T*OE-MAY EXCAVATION CY 28,800 LOT 86 $200.00 $17,200.00 ROUGH LOT (~ADII~ ..... ~ .............................. LOT 86 $75.00 $6,450.00 FINAL LOT GRADING ........................... LOT 86 $350.00 $30,100.00 ~I~OSIC~ CONT~ ................................ I~PECTION FE~ pERCeNT 0.0% $0.00 $0.00 SUB - TOTAL E X C AV AT I O N S125,930.00 INC. 4 \JOB\SLD\ 97237401\~DA':~. · )::%:.,:~:.::"..:798. TUE 16:38 FAX 214 638 0447 C & B DALLAS ~** T H I S E S T I MAT E HAS BEEN COMPLETED ON L I M I T E D USED ONLY FOR PROJECT EVALUATION. · ** COMM I TM ENT S BASED ON T.H I S ESTIMATE, INFORMATION AND SHOULD PE I OE TO MAKING FINANCIAL THESE NUMBERS SHOULD BE *** VE R I F I E D BY CARTER & BURGESS, I N C. ~1015 972374010 / 11 PRELIMINARY CONSTRUCTION COSTS PROJECT NAME: SI(:{ORY CR~KRAN~ ACREAGE: 0.00 P H A S E: i (~ 2181) CREATED: 18-A~g-98 C I T Y: D~TON REVISED: FILE NAME: ~151 P R I NT E D: 18-Aug-98 REVI~: APPROXIMATE UNIT TOTAL DS SCRi PT i ON UNIT QUANTITY PRICE AMOUNT D. S T R E E'T AND ALLEY P A V I NG 6' ASH~LT PAV~T ~ B ~ 3,128 $11.75 $36,754.00 6w ~ ~ I~. ~ (32 ~/~) ~ 3,128 ~.7~ $8,602.00 ~C ~ SI~ ~ 4 $150.00 S600.00 ~ ~ & ~ ~ 2,500 $10.00 $25,000.00 ~P~ - 4" S~ ~ 800 $1.10 $880.00 ~C ~ ~ 900 $8.00 _ $7,200.00 ~C ~5~ ~, i $3,000.00 $3,000.00 SUB - TOTAL STREET ~AV I NG ' ~97,676.00 S U M M A R Y D. STREET A~ ~ pAV~NT $97,676. O0 TOTAL CONSTRUCTION COST Ad~ a3~ a~lttlcmal 30% to conczete ~ve~ent ~cices if ~ ~bc cc~=cete ~11 ~ u~ed ( < 7000 SY ). ~=timace usumes min/~um 100 lot co~scrucCt~ l~astng. List A~tm~ci~ ! l ! C~RT~R & Bt~t-~w-eS, INC. 1 \JG~\gLD\9~2'IT4010\~A~' Hickory Creek Ranch . = .- Phase I Utiiltlee Detailed Costs for Utilities. fi.om Competitive Bide dated 9/22J08 Item Unit Qty. Unit Price Extension Section A -Water Distribution 5- Watermain If 2,376 13.00 30,888.00 1Z' Watermain If 2,800 16.00 44,800.00 6' Gate Valve & Box ea I 350.00 350.00 5- Gate Valve & Box ea 7 500.00 3,500.00 12" Gate Valve & Box ea 6 900.00 5,400.00 8'x8' TS&V ea 1 2,000.00 2,000.00 Connect to Existing Waterline ea I 500.00 500.00 Std. Fire Hydrant Ass'm ea 7 1,700.00 11,900.00 3/4' Std. Service Connections ea 86 340.00 29,240.00 2'/Ur Release Valve ea 1 2,000.00 2,000,00 Trench Safety If 5,176 1.00 5,176.00 Watadine Testing, Complete If 5,176 0.30 1,552.80 Total - Section A 137,306.80 Section B - Sanitary Sewer System 8' PVC San. Sewer If 2,893 13.00 37,609.00 15' PVC San. Sewer If 1,263 20.00 25,260.00 Std. 4' dia. San. Sewer Manhole ea , 12 1,700.00 20,400.00 Std. Ctaanout ea I 550.00 550.00 2000 PSI conc. Encesem't If 20 30.00 600,00 San, Sewer Testing If 4,156 1.00 4,156.00 4' Svc. Connections ea 86 300.00 25,800.00 Trench Safety If 4,156 0.60 2,078.00 Total - Section B 116,453.00 Section B-t - Offslte Sanitary Sewer 15' PVC San. Sewer If . '1,5g0 28.00.. 44,520.00 1~,' PVC San. Sewer~ If 1~085 31.00 33,635.00 Std. 4' dia San. Manhole ea 5 1,700.00 8,500.00 Std. 5' dia San. Manhole ea 6 2,500.00 15,000.00 Connect to ExisL San, Sewer ea 1 2,500.00 2,500.00 Sanitap/Sewer Testing If 2,675 1.00 2,675.00 Trench Safety If 2,675 2.00 5.350.00 Total - Section B-1 112,180.00 Section C - Storm Sewer System 18" RCP if 786 26.00 20.436.00 21' RCP If 44 28.00 1,232.00 24' RCP If 836 31.00 25,916.00 27' RCP If 236 35.00 8,260.00 36' RCP If 83 51.00 4,233.00 7'x4' Box If 150 175.00 26,250.00 8'x4' Box If 504 185.00 93,240.00 7'x5' SOX If 212 370.00 78,440.00 6' Std. Curb Inlet ea 9 1,700.00 15o300.00 12' Std. Curb Inlet ea 2 2,500.00 5,000.00 Triple 18' sloped headwall ea 2 2,000.00 4,000.00 35- Type B Headwall ea I 1,200.00 1,200.00 2 x Tx5' Type B Headwall ea 2 4,000.00 8,000.00 8'x4' Type B Headwall ea 1 3,000.00 3,000.00 Tx4' Type B Headwall ea I 2,500.00 2,500.00 Grouted rod~ rip-rap sy 395 65.00 28,675.00 Grade to Drain cy 300 5.00 1,500.00 Trench Safety if 2,851 8.00 22,808.00 Total - 8e=Uon ¢ O~o,sso,oo TOTAL UTILITY COST 712,929.80 EXCUTED IN THREE COUNTERPARTS P~ORMAN~ ~OND Bond No.: Ill 2739 2501 Premium: $11,424.00 STATE-- OF T~'r~S ~ co~ OF D~m ~ Kaufman and Brogd of Dallas, Inc. of County, Texas. h_~reinafUer called P---/.ncipal ar.d Fireman's Fund Insurance Company a Ca--~orm~ion c.~gar~i==d u~der =he lawu.-.of che $=a=e of California ' Texas, a M,~icipal Co~Ora=ton, ~n D~on called' "CiZy" ~ ~= ~enal s~3m cf One Million Two Hundred Sixty-Nine Thousan~ . Three Hundred Sixty-Seven and'80/100' Doll.s, lawf,,l money of the U~e~ sum well =~d =~ly =o be ~M- we b~ o,,~selves, o~ hairu, exe~ors, a~jnis=~n~rs. =~4 ~cc=ssorm, join=ly ~nd several!y. Hickory Creek Ranch Phase which is ~co~o~=ed, ~" if ~i==-n ~ for ~r~ h~~, ~d shall no=ice of w~rh ~fica=io~- =o the ~a~ berg her~ ~ivad; bond, venue shm!l lie ~ Den:on or the PI~=, Specifica:ions, Drawings, eZc., acco~Y~ =he same shall ~ =y wise affec= ins ob!iga=ion on =his bond, each one' of w~ch s~ll be deemad -~ original, th~s =he 25th ~ay of · Sep=ember. , !S '98 '. '" ' Kaufman..and Broad of Dallas, Inc. Fireman's Fund Insurance Comoanv BY: ATTO~~~A CT, Tracy Asto~ PO~ OF A."'/ORArEY OF ~O~,ni-,v MUST BE ATT3~-~.~m. ~ATE OF BOND MUST NOT BE PR/OR .TO DATE OF CONTRACT ~ATE OF POW=_~ OF ATTORNEY C~2~TIFIC~tTION MUST NOT BE PRIOR TO ~ATE OF CURTRACTOR BOND. PAGE_ TWO State of California County of Los Angeles On September 25, 1998 before me, Maria Escobar, Notary Public, personally appeared Tracy Aston personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and a.cknowled.ged to .me that he/she/they executed the same in hlslherlthelr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or. the entity upon behalf of whiCh the'person(s) aCted, executed the instrument. WITNESS my hand and official seal. Maria Escobar POWER OF ^r~'oa.'~Y FIREMAN'S FUND INSU~NCE CO.ANY ~NOW A~ M~N ~Y THeE P~K~: %at FI~MAN'~ ~ND [N~U~N~ COMPANY. a Co~ration duly org~i~ and ~$tin$ under the ~¢ $~te of ~ifo~a. and ha~ng itl p~ncip~ office in the County of M~n. ~te of C~fo~a. h~ made. conltitut~ and a~ointed, and ~ pr~nu make. constitut~ ~d appoint : '- --- TRACY ASTON --- LOS ANGELES CA iu tr~e :md lawful Attorney($}.in. Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge a~d deliver any and all bonds, undertaking, recognizance~ or other written obligations in the nature thereof. a~d to bind the Corlx}ration thereby as fully and to the same extent as if such b~nds were signed by the President. se.~Jed with the co~orate s~ of the Co~ratio~ ~d duly attcat~ by iu S~r~. hereby ratif~n$ and confi~in8 ~l that the ~d Attomcy(s)-in-Fa~ may do in {he prcmi$~. ~s ~w~ of atto~ is ~ant~ pursuit to ~icle VI [. ~io~ 45 ~d ~ of By-laws of FI~N'S ~N D [NSU ~CE CO MP~NY now in Mil force and ~ A~e V~. Appointment ~d Authority of R~idemt ~d~, Attome~d$-Fa~ ~d Ageo~ to a~t ~M P~ and ~e ~oa 45. Aa~ia~efft. ~e Chorea of the ha~ of Di~to~. the P~ideut, any Vi~P~deut or any otb~ ~u autho~ by the Boa~ of ~to~, the Ch~mau of the ~d of D~o~, the P~ident or any Vi~P~ident may, from dine to ~e, ap~int R~ident ~ut ~ aud Attomey~a-Fa~ to ~p~m and act for nad on ~b~f el the ~o~dou and Alcan to n~pt I~ p~m and m~e np~n~ for and on ~b~f of the ~Oe ~. Autbod~ ~e authod~ of tach R~dem ~aat ~m~, Attomeys~a-Fa~ and AgeuU sh~ ~ ~ p~d~ la the i~mmeut e~den~ug Iheir Ippoialmen(, Aay such appointmem and ~ autho~ty gnut~ the~by may ~ ~vok~ a~ any ~e by ~e ~a~ of Di~o~ er by 1u7 ~a empowe~ to m~e ~cb appoiatmeut:' ~s ~wer of attorney is sign~ and s~ under and by the authority of the follo~n8 R~olutiofl adopt~ by the Bo~d of Dir~ors of FI~'S ~ND INSU ~NCE COMPANY at a m~tin8 duly ~l~ and held on the 7th day of August. 1984. :md ~d R~olu~on h~ not ~n ~end~ or re,ed: '~SOL~D. that the signature of ~y Vice*Pr~ident. ~istant S<ret~. ~d R~id~t ~sis~t S~ of tMs Co~rafion. ~d the Co~ration may be af~ or pdnt~ on any power of attorney, on any rev~tion o f any ~wer of atto~, or on ~y c~ifi~te and ~y ~wer of atto~ey, any revootlon of :my power of atto~ey, or ce~ifi~te ~n8 such fa~ile signature or fa~imile :~ u~n the Co.ration:' · ~ml.t.o be hereunto afFtxed this fir h " STATE OF CALIFORb~IA COUN~'Y OF N~RIN IN WITNF. SS WHEREOF. FIREM.~d'q'S FUND iNSURANCE COMPAN~ b~ caused thee presents to be signed by ia Vi~-Preaident. and its corporate ..... dayof AII~uRr. · 19' 96 . FIREMAN'S FL/ND .{NSURAfiCE COMPA~qY ss. By On this 6ch dayof AuguSt 19 9 6, bcforc mc personally came M.A. Mallonc¢ . to me kflo~, who. being by me duly swo~. did d~sc ~d ~y: that he is Vice. Pr~idcnt of F[~'S ~ND INSU~N~ COMPLY. thc Co~ration d~fi~ in and w~ch cx~t~ thc above instmm~t; that he knows the ~ of ~d Co~ration: that the s~ af~ to the ~d iost~mcnt is such co,rate ~: that it wM :o af~ by or,er of the Bo~d of Oir~ota of ~d Co~oration a~d that he :i~ Ms a~e th~o by Eke order. IN WI~S~ W~E~OF. [ have h~nto ~t my h~d ~d afr~ my offici~ s~. the ~y ~d v~ h~ ~st a~e ~tten. STA~ OF CALIFORNIA ~ u. CO~Y OF L thc u~d~si~. R~idem ~sis~t ~ o~ F[~'S ~D [NSU~N~ COMPAq. a CAL[FO~ Co~radou. ~ H~BY C~RT[~ that thc ~or~oin~ ~ at~ch~ PO~ R OF ~FIuR~Y r~ ia ~uU force ~d h~ not b~n r~ok~: and ~u~ore that ~icle VI [. ~io,s 4~ ~d ~ of · c By.laws o~ ~bc Co~orafion. ~d the R~olu~oe of th= ~=d of Dir~ors: Mt fo~h in ~c Pow~ of Artom~, =caow in ~or~. Si~d~attheCouu~yofM~..Da~the 25th 4ayo~ Sepcember ~9~8 3C~711 EXECUTED IN THREE COUNTERPgRTS .Bond No.: 111 2739 2501 Premium: Included KaY'man and Broad of IC~OW Ar_r~ ~ MY T~'----S-~ i=R~'M~N'TM: ~a= ~ .. Dallas, Inc. '' Of ~ ~f of_Car°ll~°n Cm~n~ ~ , ~ ~he S~a ~f Texas am ~r~cipal, ~ Fireman's Fund Insurance, Company .... ~ne,Mill~on TwQ Hundre4 6T? ine Thousand Three un,rem ~l~y-~even an~ ,, cun~--n~ ~i~ ~ O~, da~ed ~= .25th ~y of September 98 2' .~u Hickory Creek Ranch Phase ..' ~0~, ~ CO~ON OF ~ O~r. IGATIO~ IS maid pr~ci~al shall ~=y all c!a~ =up~lyLng labor Kaufman and Broad of Dall...as: ,~nc. 2611Westgrove Dr., Suite 10i · Carollton, TX 75006 Fireman',~.,Fund Ins.r~n~ C~mn~v Attorney-in'Fact, Tracy Aston A~r~sS: 17542 E. 17th Street' Tustin, CA.92680 Thru n--~e and address of the R~,sidan= Aqant of Surety is: Lupe Tamayo 2000 Bering Dr., Suite 900 Houston, TX 77057-3790 ~-~--. State of California County of Los Angeles On September 25, 1998 before me, Maria Es¢obar, Notary Public, personally appeared Tracy Aston personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their · signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,'executedthe instrument. WITNESS my hand and official seal. COMM. #104786 [ NOTARY PUBLi(~. cAUFORNtA ~ Corem. Expires Jan. 16, 19§9 'r LOS ANGELES CouNTY ..~ Maria Escobar GENERAL POWER OF A-m'Oe,'~V FIREMAN'S FUND INSU~NCE CO'ANY ~NOW A~ MEN BY THeE P~E~: ~at FI ~MAN'S ~ND [NSU~N~ COMPANY, a Co~ration duly org~i~ and ~sdng under the laws of · c S~c of ~i/o~a. and havin8 its pdncip~ of~ce in ~hc County of M~a, S~te of C~fo~a, b~ made, constitu~ and appointed, and d~ by pt~nU make, constitute ~d appoint ' : '---- TRACY ASTON --- LOS ANGELES CA its true and lawful Attoraey(s)-in. Fact, w~th full power and authority hereby conferred in its name, place and stud, to execute, seal, acknowledge a~d deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof_. and to bind the Corporation thereby as fully a~d to the .~me extent as if such bonds were signed by the President..waled with the corporate seal of the Corpor:,don and duly attest~ by i~ S~re~, hereby ratif~n8 ~d confl~ing ~1 ~hat the ~d Atto~cy(s)-in-Fa~ may do in thc premis~. ~s ~w~ of attom~ is ~t~ pursuit to ~icle VII, S~io~ 45 ~d ~ of By-laws of FI~N'S ~N D INSU~CE COMP~ now in full force and eff~. ~A~de YH. A~oiatme~ ~ud Autho~ty of R~ide~t ~H~, Attomey4~-F~ ~d Age~ to ~t ~ P~ ~ad M~e Ap~. ~oa 4S. Ap~Ja~eot. The Ch~sa of the ~t~ of Di~to~. the P~ideut. any Yi~P~dem or any other ~u autho~ by the Baa~ of ~o~, the Ch~iu of the ~d of O~ofl, the P~iden( or toy Vi~P~ideut may, from fine to ~e, ap~ia( R~ident ~ut ~ and Atto~ey~a-Fi~ to mp~nt and act for and on ~h~( of the ~o~fiou iud Aleu~ to a~pt I~ p~ and m~e ap~nn~ for and on ~b~f of the ~ondoa. ~oa ~. Authority. The 1utbod~ Of ~cb ~idenl ~lut ~u~, Alto~eys~n-F~ and Aieu~ sh~ ~ u p~d~ in the i~ment e~den~ns their ap~iatmen(. Aa7 such appointment and ~ authority g~at~ the~by may ~ ~ok~ at any ~e by ~e ~l~ o( Di~o~ pt by any ~a empowe~ to ~e ~ch appoiatmeut/' ~s ~wer of a~to~ is slgn~ and s~ under and by thc authority of thc foUo~ng R~oludon adopt~ by the 9o~d o~ Dir~ors o~ F[~'S [NSU~NCG COMPANY at a m~dn8 duly ~ and held on the 7th day of August. 1984, and ~d R~ludofl h~ not ~n ~end~ or re.ed: "~SOL~D, that the signature of ~y Yice-Pt~ident, ~sistam ~ret~, ~d R~ident ~sls~nt S~ of t~s Co~ra~ofl. ~d the s~ Co.ration may be aff~ or p~flt~ on any power o[ atto~ey, on any rcv~don o f any ~wer o~ atto~ey, or on ~y cenifi~tc relating thereto, by radicle, and ~y ~w~ of atto~ey, any revo~don of any power of 3tto~cy. or cefl~fi~te ~fl8 such fan.lie signature oF fa~imile s~ sh~l be v~d ~d Biffing u~fl thc Co.ration:* IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY h~ caused thee presents to be signed by its Vice-President, and its corporate seal to be hereunto afl'~ed this STATE OF CALIFORNIA COUNTY OF MARIN ..... day of FIREMAN'S FUND [NSURANCE COMPANY On this 6: h day of ~ S t 19 9 6, before me personally came M.A. Mallonee to me known, who. being by me duly swot11, did delaose and say: that he is Vice-President of FIRI~MAN'S FUND INgURANCE COMPAJqY, the Corporation described in and which ex~cuted the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate se~: that it was so aff'~ed by order of the Board of Directors of said Corporation and that he sig~led Ms name thereto by like order. IN WITNESS WHEREOF, ! have hereunto set my hand and affixed my official seal. the day and ye. ar herein first above written. CER ttt tCATE }-. I, the undersigned, Resident Assist:mt Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNLat Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remal~ in fuIl force ~nd h~ not been revoked; and furtfiermore that Article VI I, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and t~'.aled at the County of Maria. Dated the 25th day of September .19_98 .... 3643711-FF-3-95 Agenda No..~2-,~-~ Agenda Ite_mi ~ / Date_ ,~//'//~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 1, 2000 Utility Administration Howard Martin, 349-8232 SUBJECT: AN ORDINACE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LENNOX OAKS-II, L.P. FOR THE CITY'S PARTICIATION IN THE OVERSIZING OF WATER lVIAINS AND IN ACCORDANCE WITH THE TERMS AND CONDIDTIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURERS IF FUNDS THEREFOr., AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: %x Lennox Oaks-II, L .P. extended 3,062 linear feet of 12-inch water line to provide service to Oakmont - II development (see Exhibit I). The development required an 8-inch water line to serve their property. The City's Water Distribution System Master Plan called for a 12-inch water line to be built along this general route. City of Denton requested the developer to install a 12-inch water line and agreed to participate in the oversize of the water line from 8-inch to 12- inch. This will allow the future development south of Robinson Road to get service by extending water line from this 12-inch water line without facing any capacity problems. OPTIONS: Funds are available for oversizing of the water line. Installing an 8-inch water line will limit the area of service and will require City to install a parallel line to the 8-inch water line for any potential future growth. RECOMMENDATIONS: The developer has submitted a request for reimbursement for the City's oversize participation. Staff recommends City's participation in oversize agreement with Lennox Oaks-II, L. P. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) None ESTIMATED SCHEDULE OF PROJECT: This project is already complete with waterline in service. FISCAL INFORMATION: There is $100,000.00 allocated in bonds every fiscal year for City to participate in water line oversize agreement. When a developer extends water or sewer lines into an area, the developer is required by the City's Code of Ordinance to install water and sewer lines of sufficient size to serve the new area. A copy of FY 1999 CIP sheet is attached. BID INFORMATION: None. MAP: Exhibit I. Respectfully submitted: Tim Fisher Assistant Directoi' Water Utilities Prepared by: P. S. Arora Engineering Administrator Exhibit I: Exhibit II: Exhibit III: Exhibit IV: Location Map Cost Estimate FY 1999 CIP Data Sheet Ordinance and Agreement PROJECT LOCATION 3062 LINEAR FT 12" WATERLINES. OAKMONT II SECTION I F EXHIBIT I OAKMONT II SECTION I oVERsiZED WATER MAIN FOR CiTY PARTICIPATION CITY' REQUIRED DESIGN: DESCRIPTION '~2;' Water Meln w/Embedmeni ,12' Valve CITY REQUIRED TOTAL QU~I~TII'Y B UNIT UNIT PRICE $17.70 $922.15 TOTAL $54,1g'T.40 $7r377.20 DEVELOPER REQUIRED DESIGN: DESCRIPTION 8" Waler Main w/Embedment 8" Valve DEVELOPER REQUIRED TOTAL QUANTITY 8 UNIT L.F, Ea. UNIT PRICE $12.18 $509,70 TOTAL $37,29,5.18 $41077,60 $41,312.78 SUMMARY: CiTM REQUIRED DESIGN DEVELOPER REQUIRED DESK3N CITY PARTICIPATION TOTAL $61,574,80 ($41 ~372.76) $20,201.84 EXHIBIT II PROJ TITLE: (G) OVERSIZE WATERLINES ESTIMATED COST: $100 (x 1000) GROUP ASSIGNMENT: DESCRIPTION: PURPOSE: Money allocated to pay the difference in construction cost of increasing a waterline size from the minimum required design size indicated in the subdivision regulations to a larger diameter line size needed in the future for increased growth in an undeveloped area and comply with Master Plan. Subdivision regulations specify the minimum required waterline for new development based on projected usage of a newly platted area. During Development Review, the City will agree to pay for additional costs to increase the Developer's minimum required waterline size to meet increased demand for water due to future growth of new subdivisions and businesses in an undeveloped area. ENCUMBRANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL 1 ST YR $100 $0 TOTAL 2ND YR 50 $0 TOTAL 3RD YR $0 $0 GRAND TOTAL $100 $0 $0 $0 $100 $100 50 $0 $0 $0 S0 $0 $0 $0 $0 50 $0 50 S0 $0 50 $0 $100 $100 $0 $0 $0 ENCUMBRANCE DATES: Encumbered as spent. PHASE DATE AMOUNT OBJECT # General Purchase General Purchase Inspection Construction Miscellaneous ENCUMBRANCE TOTAL COMMENTS: AS SPENT $100 9138 5100 TOTAL $100 $0 $0 $100 EXHIBIT III ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LENNOX OAKS-II, L.P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by Lennox Oaks-II, L.P. in an amount not to exceed Twenty Thousand Two Hundred One Dollars and Eighty-Four Cents ($ 20,201.84), in accordance with {}34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX. LOC. GOV'T. CODE {}212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton and Lennox Oaks-II, L.P. for the oversizing of approximately 3,062 linear feet of eight (8") inch on-site water main to a twelve (12") inch water main; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to Lennox Oaks-II, L.P., entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION 2. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,, 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\99\Water Main Cost Particip Agrmt-Lennox Oaks-Il ord.doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LENNOX OAKS-II, L. P. WHEREAS, Lennox Oaks-II, L.P. hereafter referred to as "Developer", whose business address is 6116 North Central Expressway, Suite 1313, Dallas, Texas 75206 wishes to develop and improve certain real property named "OAKMONT" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such real property with adequate capacity by designing, constructing and installing a water line of an inside diameter of eight inches (8"), hereafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City AGREE as follows: 1. Developer shall design, install, and construct hpproximately 31062 linear feet of · twelve'(12") inch water maihs and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities. This Development Contract is attached hereto as Exhibit II and incorporated herein by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas. 3. Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. City's share in the cost of the Oversized Facilities. Based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Twenty Thousand Two Hundred One Dollars and eighty-four Cents ($20,201.84). following methods to determine City's share of the cost: b) City may elect one of the Developer shall prepare plans and specifications and fumish them to City. City shall competitively bid the required line and the Oversized Facilities in accordance with Chapter 252 of the Texas Local Government Code. The difference in the bids shall be used to determine the City's share, subject to City's maximum participation in cost as specified in this Agreement; or Developer shall prepare plans and specifications and take bids on the required line and the Oversized Facilities. City shall pay Developer the least amount of the following: (I) The difference in the bids for the required line and the Oversized Facilities; or (2) Thirty pement (30%) of the bid on the Oversized Facilities as provided for in §212.072 of the Texas Local Government Code: or (3) $20,201.86, the maximum participation cost allowed herein. The City shall not, in any case, be liable for any additional cost because of delays-in beginning, continuing, or completing construction; changes in the price or cost of materials, . supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or .unspecified, relating to the construction of the Oversized Facilities. 5. The City will make monthly payments for its share of the Oversized Facilities. The Developer shall submit monthly pay requests on forms provided by the City. The Developer's engineer shall verify that each pay request is correct. Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain 10% of the total dollar amount until the project is accepted. Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 6. To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities. 7. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Utilities for City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement; and Developer shall, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate. I0. This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 11. This Agreement shall not be assigned by Developer without the express written consent of the City. 12. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED in duplicate original counterparts by the duly-authorized officials and officers of the City and the Developer, on this the day of , 2000. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "DEVELOPER" LENNOX OAKS-II, L.P. ATTEST: By:~ S:\Our Documents\Contracts\99\Water Main Partieip Agrmt-Lennox Oaks-II LP.doc PROJECT LOCATION ~ r,.) UJ 12" WATERLI NE~ OVERSIZED FACILITIES OAKMONT II SECTION Engine~r/d~v~lopm~on~act PROfECT NO. CONTRACT NO. THE STATE OF TEXAS § COUNTY OF DENTON § DEVELOPMENT CONTRACT ~hereas, Lennox 0ak:.II, L.-P. hereafter referred to as "Owner," whose business address is 6116 Suite 1313, Dallas, Texas 75206 is the owner of real property located in the corporate limits of the City of Denton, or its exUaterrito~ialjm-isdiction; and Whereas, Owner wishes to develop the prOperty and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the be~nnlng of construction of said development, a development contract in accordance with Section 212.071 of the Local Government Code is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] PAGE 1 EXHIBIT II En gineeffd~,elopmemcon~-ac~ ~ ~re~, ~e O~er elec~ to co--ct ~e ~provemen~ ~out con~c~g ~ ~o~er p~ ~ p~e con~ctor, ~ w~ch c~e ~e pro~sio~ of ~s con. et w~eh refer to "O~er" or "Con~or' s~ me~ ~e O~er ~ named above; or ~ ~e~, ~e ~er elee~ to m~e ~ch ~provemen~ here~er set fo~ by con~c~g~ Pate Brothers Const~e~fon. ~ne , whos~ b~ss ad~ss is 780 We~t. ~msfield ~hwaM ~ Kennedale ~ Texas 76060 , here~er mfe~ed to ~ "Con~ctor"; ~d ~e~, O~er ~d Con~ctor ~o~e ~t ~e Ci~ h~ ~ ~terest ~ e~g ~ ~e ~pmvemen~ ~bje~ to ~s a~emen~ w~ch ~I, upon comple~on ~d accep~ce by ~e CiV, b~ome public prope~, ~' properly co~kucted ~ accor~ce ~ ~e Civ's ' ~ecifica~O~ ~d ~t pa~em is made ~ergfor; ~SSE~ As to ~e ~provemenB to be de.cared to ~e public, ~ ~ecified ~ E~bit A, a~ched hereto ~d ~co~omt~ by reference, to be ~ed ~d co~h*uct~ at Oa~ont ~I. SectioB I, 5000'Sta~e School Rd, Denton, Texas the Owner, Contractor and City, in consideration of their mut~m! promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specii:icatlons. To construct and Lnstall the Improvements in accordance with PAGE 2 Engine~r/d~v¢lopmen~ontr~t the procedures, specifications and standards contained in Division .II and III of the .City's Standard Specificationg for Public Works Construction, North Central Tex~ as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, sUch specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. Co) Authority of City Engineer; Inspections, Tests and Orders Owner and Contractors Warranty. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions, which arise as to the. quality and acceptability of materials fumished, work performed, and' the interpretation of specifications. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. Owner, contractor and their surety as the case may b~ shall remedy any such defects in materials and workmanship and pay for any. damage to the work or to other work guarantee fora period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and/or facilities which shall appear within one year from the date of final completion and acceptance by the City. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable PAGE 3 Engineet/developmen~:ontract inspection by the City may be ordered removed and replaced at Contractor's expense. The Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. Owner, contractor and their surety as the ease may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the City. ' The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days prior to the expiration of one year from the date of final completion .and acceptance of the ~vork by the City. Upon failure of the Contractor to allow for inspection, to'test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- ized or condemned work or materials, or t° follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of sUch failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this PAGE 4 En§ineer/developmen~:ont~tct provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Con~truetion. That the means and'methods of comixuction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. (e) Books and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the municipality. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the followh~g security requirements shall apply: (i) The Owner or Developer shall provide a performance bond in an mount not less than the amount necessa~ to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall-be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. The Owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City. (ii) If the cost of completing the improvements at the time building permits are issued is an amount of $15,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the improvements, as determined by the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring PAGE 5 En gineer/deveio pmen~contract completion of the improvements without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final completion and aecep~nCe of the work by the City. (b) Retainage; Final Payments. [This provision (¢) applies only where the Owner and Contractor are not the same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agrees that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence including Owners affidavit that all indebte&ess has been paid, that all indebte~ess connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work h~ve been paid or otherwise satisfied. (e) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Impro~;ements, any claim, lien, charge or encumbrance is-made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such Claim, lien, charge or PAGE 6 £ngineer/developmen~r, on~act (d) Indemnification. The Owner shall and hereby does indemnify, defend and save h~,mless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in consmaction of the improvements; and shall pay any judgment, with costs, which may be obtalned against the City growing out of such injury or damage. (e) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the · constmedon of the Impgovements. 3. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 5. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. PAGE 7 LENNOX OAK .IT, L~'P'~ BY: LENNOX INVESTNENTS, INC. GENERAL PAI~TNEI~ LLOYD D. BLAYLOCK- PATE.BROT~RS CONSTRUCTION CiTY OF DENTON, TEXAS ATTEST: d~~FALT~, CITY SECRETARY APPRoVeD AS TO LEGAL FORM:'. HERBERT L. PRoLrrY, CITY ATTORNEY PAGE AAA04 6FD THE STATE OF TEXAS COUNTY OF DENTON § PERFORMANCE BOND c0 0T Bond #8155-24-96 KNOW ALL MEN BY THESE PRESENTS: That Pate Brothers Construction, Inc., 780 W. Mansfield Hwy., Kennedale, TX. 76060 of Tarrant County, Texas, hereinafter called Principal and Federal Insruance Company, 15 Mountain View Road, Warren, NJ. 07059 a Corporation organized under the laws of the State of Indiama and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Six Hundred & Twenty-Two Thousand~ Four Hundred and Seventeen Dollars and 06/100 ($622,417.06. ) Doll'ars, lawful money of the United States, for the payment of which sum Well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, khe Principal entere~.d into a certain contract with Owner, dated ~ the day of Au)q , 1998 , in the proper perform~nce of which the City~ of Denton, Te---~, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Utility Construction at Oakmont II, Section 1 in Denton, TX. NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, which i$~ncgrporated, as if written word for word herein, and shall also well' and truly cause to be performed and fulfilled all the covenants, te~ms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter be made including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within one year from the date of final completion, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the . ~ day of P~INC I PAL SURETY Pate B~others Construction, Inc. Federal Insurance Company ~alle, Vice-President ATTEST: BY: AT~OP~NEyiIN-FACT Roy E. Simmons NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. PAGE TWO · Surety, for value received, stipulates and a~rees change, extension of time, alteration or addition tod~he te~ no of the oontrac~,'-or to the work performed thereunder, or the plans, sp_e_ci.fi.c.atio, n.s/ o.r. drawings accompanying the same, shall .in any way azzec= ~=s omAiga~on on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this E ~ day of 19 98 . Pate Brothers Construction, Inc. Principal ,i~;glas~isballe, Vice-President Address: 780 w. Mansfield Hwy. Kenne~ale, TX. 76060 Federal Insurance Company Surety Roy E. ~Simmons, Attorney-£n-~'acn Title AdS.ess: 19221 IH-45'South. Ste. 550 Conro, e. TX. 77385' (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Chubb Companies 1445 Ross Ave., Ste. 4200, Dallas, TX. TX.--.2520Z. :-=~..=:.,~ ......... AAA0184D Rev. 07/28/94 PB - 4 STATE OF TEXAS COUNTy OF DENTON. .NT BOND S Bond #8155-24-96 KNOW ALL MEN BY THESE PRESENTS: That Pate Brothers Construction, I Of the City of Kennedale County of Tarrant , and the State of Texas as principal, and ederal Insurance Com an - authorized under the laws of the State of Texas to act as~ surety on bonds for principals~ are held and firmly bound unto Lennox Oak II, L.P. Six Hundred & ~TwgDty-Two_TbQB~od' Four Hundred OWNE~, in the penal sum of And S.v~_nt~mn uoiiars an~ ub/IOO -~ =: '~ Dollars ($~) for the payment .where?f, the s.aid Principal and Sur.ty bind themselves and thear hears, adminastrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ~__ day of 'for U~ction at 0akmont II, Section 1 in Denton, TX. to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Y NOW~ .~._F~,. THE CONDITION OF THIS OBLIGATION . ~t i~ t~.e_sald PrLncapal shall uav all cla' ~-e ...... ,_~S ~U.CH. nu ma=erlal to h~, ...... = .... ~ ~_ . !~m .... ~m~ng la,or .......... --T. ~?.~u~=un=rac=or an :ne prosecution of the wus~ prova=e= zor in sa~ contract, then this obli ' road, otherwise to remain in full ........ ~ataon shall be the ' _at this bond' is executed Pursuant to PB - 3 POWER OF ATI'ORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3856 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckaann Lee and Elaine Lewis of Conroe, Texas each its true and lawfulAttorrtey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or othe~ise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. · 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3.Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21 s t da, of January 19 98 /. ?-. ~,-:~-:..;,,, ,,.'. . ~ofinet6'C~. Wendel - / Aa,~.i...,~l.~ S~reta~ ~' .'., Vies President STATE OF NEW JERSEY ~ se. County of Somerset J On this 2[st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertaon and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Swom to before me ,~ate above w~t~an. "Notary ~ubli¢ IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15-10-0183 (Ed. 8-95) GENERAL WENDIE R WALSH Notary Public, St~ts o! New Jersey No. 0054~04 Cemmission Expires A~ril 18, 1 g98 FRODUCER 713430-6000 Alexander and Alexander of Texas, Inc. Aon Risk Services ' ~ 2000 Bering Drive, Suite 900 Houston TX 77057-3790 ~NSURBD Pate Brothers Construction 780 W. Mansfield HWY Kennedale, TX 76060 .......... ::::::::: ::::::~': ::::*:*:::'*":::::::::::*::::";'*: :::: "":::: * "* ::::: ::: ::i 07/15/1998 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A TIG INSURANCE COMPANY COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OB OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXpiRATION UMITS TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) GL31374305 01/01/1998 01/01/1999 2,ooo,ooo GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY -- CLAIMS MADE IX I OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBtLE UABILrrY CA31374304 01/01/1998 01/O1/1999 1,000,000 ~,000,000 [,000,000 50,000 S,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY ' EACH OCCURRENCE $ FIRE DAMAGE (Any one fire} $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ 1~ 000,000 BODILY INJURY (Per person) BOO LY INJURY (Per accident) ' PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS '.NON-OWNeD AUTOS ' GARAGE LIABILITY ANY AUTO ~THER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYE~S' LIABILITY THE PROPRIETOR/ ~ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL XLB97524151 WCN80068059 01/01/1998 01/01/1998 01/01/1999 01/01/1999 EACH OCCURRENCE $ 10 f 000 f 000 AGGREGATE $ 10~000~000 $ 1,000,000 X ] WCSTATU- JOTH- 1 TORY LIMITS ER EL EACH ACCIDENT EL DISEASE -POLtCY LIMIT ]., 000 ~ 000 EL DISEASE - EA EMPLOYEE $ 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC~'~U;n BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL II~IUE,KI~I~Xlll MAIL 30 DAYS WRITTEN NOTICE TO THE CE~I'i~F;I~I~.E HOLDER NAMED TO THE lEFT, I:Xt;el"l' 10 DAYS NOTICE FOR NON-PA BUT FAILURE TO MAIL SUCH NOTICE SHAI,L IMPOSE NO 08UGATtON OR LIABILITY OF ANY KIND UPON THE COMPANY, iTS AGEN~]I OR REFRESENTATR/ES. o PHILIP D. RH~D ~...~.. ......... ~ ........... LENOX OAK II, L.P. 6116 CENTRAL EXPWY, SUITE 1313 DALLAS TX 75206 (104). I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS OAKMON' , SECTION 1 ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION AND WAIVER OF SUBROGATION IS PROVIDED IN FAVOR OF LENNOX OAK II, LP AND CITY DENTON AS REQUIRED BY WRITTEN CONTRACT. CANCELLATION CLAUSE INCLUDES NOTICE OF MATERIAL CHANGE.COVERAGE AVAILABLE ONLY TO THE EXTENT OF THE POLICIES. PRODUCER 713-430-6000 Alexander and Alexander of Texas, Inc. Aon Risk Services - 2000 Bering Drive, Suite 900 Houston TX 77057-3790 INSURED Pate Brothers Construction 780 W. Mansfield HWY Kennedale, TX 76060 :.=.:.:.:.~:.. :.:.:.:.:.:.:.:.: .o~'a~ .:.:.:.:o:.:~.:.:!~.~i~:~.:.:...::::::,¥~:::¥:::¥:::.:.~:::::::::::::¥:::~:, ~ ~::::~:::~ ¥:¥.:::~:::~:~.:~:::~ 07/15/1998 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A TIG INSURANCE COMPANY COMPANY B COMPANY C COMPANY D : x:::::::: :::::.::::::;:::: ~;::: :: t:: ::: ::: ::'c:::::: :::: ?~$::~: :~::::~'" ?.~: ~': :::: ~:::i::::::~: :::: :'~::::: ~.?.:::~: :::.:::: :::: ::~:: :;[:i$'.'~ :: ~:.~:::: ::: :: ::~: ::~f:::: Lc::: ::¥:: ¥:: :~;:': :::; :~::..!: ::; ::~ :~:::~:?: :?:[:i: :?~ :.":. :!: :!:~: :.'.': :: :~::':.!:::?:: ??:~:~; ~'::': ~ ::':.~:~'! ~::~:::~ ::': ::.: :;:.":-~: :~ ::: ~:;: ?::~ :~: :~ :i: ~ :!:~:?-~ :~: ~:~ :~::(: :?? :~: :i:~.!:::::: ~:.~ .%,< ~:i: :]: ."'.~:~: ?. ~: :~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE (MM/DD/YY) GL31374305 01/01/1998 01/01/1999 COMMERCIAL GENERAL LIABILITY -- CLAIMS MADE IX I OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS WI~ED AUTOS GARAGE UABlUTY ANY AUTO EXCESS MASlMTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND CA31374304 XLB97524151 WCN80068059 01/01/1998 01/01/1998 01/01/1998 01/01/1999 01/01/1999 01/01/1999 EMPLOYERS'UABIUTY THE PROPRIETOR/ ~INCL PARTNERS/EXECUTIVE OFFICERS ARE: I IEXCL UMITS GENERAL AGGREGATE PRODUCTS - COMP/DP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) ~OMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY =er accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY~ EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU- EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE * EA EMPLOYEE 2,000,000 i,000,000 1,000,000 1,000,000 S0,000 5,000 1,000,000 $ 10,000,000 10,000, 1,000,1 1,000,01 1,000 DESCRIFT1ONOFOPERATIONS/LOCATION$/VEHICLESlSPECIALITEMS OAKI~IOHI Il, ,~ECTIOH 1 ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION AND WAIVER OF SUBROGATION IS PROVIDED IN FAVOR OF LENNOX OAK II, LP AND CITY OF DENTON AS REQUIRED BY WRITTEN CONTRACT. CANCELLATION CLAUSE INCLUDES NOTICE OF MATERIAL CHANGE.COVERAGE AVAILABLE ONLY TO THE EXTENT OF THE POLICIES. .................................................. ~......~ .......................... : ....................... ~:.~ .................... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...................... ~:...~, · ........... .~.=~.-'-:~.~.-'~..-.::.:~.~:.~..~..~'~:.':" ~.?.~,~:.:~:,~:~.~';~'~.:~*:~:~::~:~...~ ..,'~;:.~,~:~,:~ (112). I CITY OF DENTON 215 E IVlcKINNEY DENTON, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl. LEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~]F.,~(X]~ MAIL 30 DAYS wRn'FEN NOTICE TO THE C~T~i~I...~E HOLDER NAMED TO THE LEFT. I:XU=~'T 10 DAYS NOTICE FOR NON-PA E BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS ~GENT$ OR REPRESENTATIVES. AUTHORtZEOREPRESENTATIVE ....~ /r //' ' ,.~ PHILIP D. RHODE_S.,....C....p..c.. ...................................... . ............ . ............... ~..,.~::~;:~.:~:.,::..:~::::.:~>..:.~:~.:,~.~:,~:~,:~.~: THE AMERICAN INSTITUTE OF ARCHITECTS Oakmont II - Section I DENTON, TEXAS UTILITY CONTRACT 98002 Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULdT~,r) SUM t987 EDITION THIS DOCUMENT HAS IMPORTANT L F, GAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It ha~ been approved and endorsed by The Associated General Contractors of America.. · AGREEMENT. made as o'f the Ninety-Eight. BETWEEN the Owner: (Name and addres0 and the Contractor: (Nara~ ami address) The Project is: (Name and location) The Engineer is: (Name and address) in the year of Nineteen Hundred and LENNOX OAK l~ L.P. 6116 CENTR.AL EXPWY', SUITE 1313 DALLAS, TF_,XA8 75206 (214) 696-9933 PATE BROTI~,RS CONSTRUCTION'~'INC. 780 WEffr MANSFIELD HIOHWAY KENNED,~L~:~ TEXAS 76O60 (s17) 4s3.o~9 OAKMONT II~ SECTION I DENTON, TEXAS USA PROFESSIONAL SERVICES GROUP, INC. 8700 S'~-~ Fmev,~.y, Suite 400 Dallas, T~xm 75247 (214) 63*3300 The Owner and Contractor agree as set forth below. COl~fight 1936, 1951, 1955, 1961, 1963, 1966, 1974, 197~, © 1987 by the American Insfitu~ of Archltee~ 1735 New York Avenue, N.W., Ww~hin~oa, D.C. 20~06. P~ction of the martial ~ m' SUbs~ntlal quotafia o~it~ proviz'om without v~ittea tm~i:,~qlo~ of the AIA vio!**~ the copyfisht lav~ of th~ United 8t~s and v~ be subj ~-'t to legal l~OS~eutlom AIA []O~UM~Y A~07 * ABBREVIATED OWN~R-CONTIm. a. CrOR AGKEEM~NT, NINTH EDITION · AIA® · O l~ TR£ AMI~,ICAI, I IN dl/ldTl~ OF ARCHITECTS, l T~5 i',{EW yORF. AI/I~IU~ N.W. WASHINGTON. D.(3. ~ A107-1987 I ARTICLE THE WORK OF THIS CONTRACT 1.1 The contmaor s~u ex,ute t~e ~t~e work des~bed in the Contract Doo!ments, for complete installation of water, sanitary sewer and storm sewer facilities on the Site, together with all related improvements and facilities, MI as described in the Contract Doenments to the City of Denton Standards and Specifications. The Site shall mean the real property described on Exhibit A attached to this agreement ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of Commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (lnsen th~ date of commenc~men& ~f it c~ff~rs from th~ date of tl~ Agreement or, if appllcabl~, ~at~ that the date will b~ fixed in a noti~t to proceed) 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (lna~tt ~nt calendar date or tmrn~r of calendar &~ra a~r tt~ date of comm~ncttmtrd: Also in~rt any re~uir~men~ for earlier Su~tan~al Completion of c~rt~n ponion~ of tl~ Wor~, if not stored els~lt~r~ in tht Contract Doeumenta) , subject to adjustments of th!~ Contract Time as piovided in the Contract Docnments. Cns~n prov~on~ if any, for t~nUda~d dan~s r~ta~ng ~ f~tur~ ~o con~te on #n~ ) (See Exhibit E, Item 14.5.2) ARTICLE 3 CONTRACT SUM 3.1 The Owner sboil pay the Contractor in ~rrent funds for the Contractor' s performance of the Comxact the Contract Sum of Six Hundred Twenty Two Thousand Four Hundred SeventeenDoHars ($622,417. 06 ), subject to additions and deductions as proveded in the Contract Documents. ovm~om'lcs, c~R Aolu~rr · ~ ~mo~ · ,x~® · © 1~7 AI0?-qgS? 2 7~5 NEW YORK AV~N~.~ N.W~ W.~'~IIIqGTON, D.C. 20~06 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:. N/A (State the anm~rs or other iduntfficatton of a~cepted alternates ~f decision~ on other alternatives ar~ to be made by the Owner subsequent to the e:cecutfon of this Agr~men& attach a schedule of ~uch other altarnat~ sho~ng tha amownt for each and tbe date until which that amount L~ vail,t ) ;~.;) Unit prices, ff any, are as follOWs: See attached Exhibit B The Contract Sum has been determined as set forth on Exhibit B and is subject to adjustment as therein provided ARTICLE 4 PROGRESS PAYMENTS 4.t Based upon Applications for Payment submitted to the Engineer by the Contractor and Payment Recommendation letters issued by the Engineer and approved by the Owner, the Owner sb~n make progress payments on account of the Contract S-m to the Contractor as provided below and elsewhere in the Contract Doo~ments. The period covered by each Aopllcation for Payment shall be one calendar month ending on the last day of the month, or as follows: 4.1 See Addendum (Exhibit "E") 4.2 (Insert rate of inter~t agr~d upon, if wn),.) 4.2 and 4.3 See Addendum (Exhibit "E") {TIsur~ laws and r~cpttr~mante undar tl~ Federal Truth in Lenc~ng ~l a[ similar siate and local consumer credJt laws and other regulations at the Owner '~ and Contractor '~ l~hicipal pl~ces of tnt~ns~ the locatfon of tho Project and elsuwh~r~ trt~ aff~ the ~olfdl~, of tl~ l~rovi~oa I~gal ad, fca should be obtt~nad ~ res~ct to daci~ons or moddficat~on~ and regaling requtremante such at written dlsdo~res or waivera) AIA DOC~U~ENT At07 * ABBP&WIATED OWNEB..CONTRACTOK AGP..EE,MI~IT * ~ EPrrlON · .~[A~, · O 1987 T~ ~JUC_~ ~s. rrm-m o~ ,~acm'mcrs, t ?~ h'~w vov.~ AVa'faS, ~.W~ wns~m~a'zo~ ~ ~C°~ A107-t987 3 ARTICLE S FINAL PAYMENT 5.t Final payment, constituting the entire unpaid b~l~nce of the Contract Sum, shall be r,~t~, by the Owacr to the Contractor thirty (30) days after the Work has been fully completed, the Conuact fully performed, and a final Payment Recommendation letter has been issued by the Engineer. 5.1.1, 5.2, $.3 and 5. 4 See Addendum (Exhibit "E"") ARTICLE 6, ENUMERATION OF CONTRACT DOCUMENTS 6.~ The Contract Documents are listed in Article 7 and, except for ModLfications issued a/ret execution of this Agreement, are enumerated as follows: 6.t.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Documem Al07, 1987 Edition. 6.¶ .2 The Supplementary and other Conditions of the Contract are those contained in the Project M~nual dated , arc as follows: Doe-merit Title Pages N/A 6.1,3 The Specifications al~ those contnined in the Project ~mmi dated as in Subparagraph 6.1.2, and are as follows: (Either lizt lha SpecO~cation. v here or r~f~ to an ~hfbit attached to thf~ Agre~rnen&) Section Title Pages N/A A[~ ~OOUM~MT At 07 · ABBREVIATED OWNER-CONTRACTOR AGREEMENT ' NINTH EDITION ' 'MA~ ' O 19~/ A107-1987 4 (Either ~ th~ Dra~ngs here or r~f~r to an ~hibit attached to tt~s ~gr~en~nt ) Number ': Title See attached Exhibit C unless a different date.is nhovatlglOw: Date 63.$ The 3ddenda, dam/, are as follows: Number Title Date Addenda issued prior to execution of this Agreement, as described on Exhibit E and made part of this contract. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements arc also citnmgratcd in thin Article 6. 6.1.6 Other do~!ments, if ally, forming l~t oft. he Contract Documents are as follows: ~ any addJaonal docum~nt~ which am tntond~d to form par~ of t;~ Contract Docur,~nta) N/A GENERAL CONDITIONS ARTICLE ? CONTRACT DOCUMENTS ?.~ The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of thin Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as ff required by alt; performance by the Contractor shall be reqllixed only to the extent consistent with the Contract Dooments and reasonably inferable from them as being necessary to pro,!,_;~ the intended results. 7.2 Tho Contract Detriments nhall not. be. construed to create a contractual relationship of any kind (1) between the Engineer and Contractor, (2) between the Owner and Subcontractor or Sub-subconUaa~r or (3) between any persons or entities other than tlm Owner and Contractor. 7.3 Execution of the-Contract by the Contractor is a · representation that the Contractor has visited the site and become familiar with the local conditions under which- the Work is to be performed. 7.4 The term "Work" means the construction and sen, ices required by the Contract Document% whether completed or partially completed, and includes all other labor, material% equipment and services provided or to be provided by the Contractor to fnIfiB the Contractor's obligations. The Work may constitute the whole or a pan of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and legal description of the sim. 8.2 Except for permits and fees which are the respenm~ility of the Contractor under the Contract Do~men~, tha Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 8.3 If the Contractor fails to timely cermet Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and 'direct the Work, uimg the highest skill and attention~ The Contractor shall be solely responsible for and have control over construction means, methods, teohniqtles~ sequences and procedures and for coordinating all portions of the Work under the Conmact, unless Contract Documents give other specific inm'uctions concerning 9.2 Unless otherwise provided in the Contract Documents, ~ Contractor shall provide and pay for labor, materials, equipment, tools, consmsction equipment and machinery, water, heat, utilities, Um~sportation, and other facilities and services necessary for the proper execution and complefien'of the Work, whether temporary or l~o~ancnl and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons canying out the Contract. The Contractor shall, not permit employment of ,milt persons or persons not skilled in t_~sks assigned to them. 9.4 The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will be of Contract ~ecified q. allty and new unless otherwise required or permitted by the Contract Documents, that the Work will be free float defeots not inherent ill the q~mllty required or permitted, and that the Work will conform with the requirements of thc Contract Documents. Work not conforming to these requixements, including substitutions not properly approved and authorized, may be considered defective. The Contractor shall furnish sati~actory evidence as to the kind and q, nllty of materiain and equipment 9.'t. 1, 9.4.2~ 9.4.3 and g. 4.4 8ec Add~ttdum (~xhlblt A~ ~O~Ja~.wr &¶~ · ABBP~VIAT~D O~Ot4T~.~CTO[[ AGKEE MENT · NINTH EDr~ON · A~A~ · © 1987 THIi AbffiRICAN I~ ~ 1 [ IuT~ OF AP.C Hr~c~s. IT&~ NEW YORK. AVI~IUE, N,W. WASHINGTON, D.C, 20~6 A107-1987 $ 9.6 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, cons. ruer, use, and other similar taxes which are le~lly enact.ed when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, and_ shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of Work 9.6 The Contractor shall comply with and give notices required by laws, ordin_ances, rules, regulations, and lawfifl orders of public authorities bearing on performance of the Work The Contractor shall promptly notify the Engineer and Owner if the Drawings and Specifications are to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contzactor's employees,. Subcontractors and their agents and employees, and other persons performing portions of the Work under the Contract or any contract with the Contractor. 9.8 The Contractor shall review, approve and submit to the Engineer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Docmnents with reasonable prompmess. The Work shall be in accordance with approved submittals. When professional certification of performance criteria of material.q, systems or equipment is required by.the Contract Documents, the Engineer shall be entitled to rely upon the acemacy and completeness of such certifications. 9.9 The Contractor shall keep tho premises and surrounding area free fxom accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor nhall remove f~om and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall prOVide the Owller and Engineer access to the Work in preparation and progress wherever 9.11 The ConWactor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof; but shall not be responsible for such defense or loss when a panicnlar design, process or product of a particular mann~ctllrer or manufacturers is required by the Contract Documents .nless the Contractor knows that there/s or will be an infringement of patent. 9.12 & 9.12.1 See AddendYm f~xhibit "E") 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not exceed to the liability of the Engineer, the Engineer's consultants, and agents and employees of any of them arising solely out of (1) the preparation or approval of maps, clrawings, opinions, reports, sui~eys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions by thc Engineer, the Engineer's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 9.12.3 See Addendum (Exhibit "E") ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Engineer will provide administration of the Contract in accordance with the Contract Document& 10.2 The Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on-site observations as an Engineer, .the Engineer will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against de, feets and deficiencies in the Work t0.3 The Engineer will not have control over or chorge of and will not be responm31e for consmmtion me~ns, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's v~I)ons~3ility as provided in Paragraphs 9.1 and 16.1. The Engineer will not be responsible for the Contractor's failure to carry out the Work in accor~nce with the Contract Documents. 10.4 Based on the Engineer's ob~rva,ous and evaluations of the progress of the work and the Contractor's Applications for Payment, the Engineer will review and after consultation with Owner recommend the amounts due tho Contractor and will issue Payment Recommendation Letters in such amounts. 10.8 The Engineer will interpret and decide matters coneernmg performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. AiR DO~UMBI~ At0? * ABB~vlATI~D OWN~K-CONTRAC'I'Og. A~ * N1NTIt EDrllOl~ * AIA~ * O 1~' THE Ab~R.ICAN IR = ~ ~UI'E O1~ AP, Clil'IT~'I~ 173~ NEW YORI~. AVENU~ N.W, WASH~G'IObl, D.C. 20006 A'107-1987 7 The Engineer will make initial decisions on all claims, disputes or other matters in questions between the Owner and Contractor, but will not 'be h-able for results of any interpretations or decisions rendered in good faith. Tho Engineer decisions in matters relating to aesthetic efr~ win be final ff consistent with the intent expressed in the Contract Documents. All other decisions of the Engineer except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.$ See Addendum (Exhibit "E' 10.6 The Engineer will have authority to reject Work which does not conform to the Contract Documents. 10.7 The/;.'ngincer will review and approve and/or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Doo~ments. ARTICLE t t SUBCONTRACTS 1 t.t ^ Subcontractor is a po;sun or entity who has a direct contract with the Contractor to perform a po~on of the Work at . the. ~te. t-i.12 Uniess othcm'ise stated in the Conmact D~c'm~ents or the bidd~g mqni~ements, the Contractor, as soon as pra~cabl¢ a~er award of the Contract, shall fiu'~sh in writing to the £or cash o£ the p~cipat po~om of the Work The Con.actor shaU not contract with any Subcontractor, g~ccept tho~¢ i~nti~d Jn ~ritin~ by Contrector to 0~#~. Contracts between thc Contractor and Subcontractors shall mqt~c each Subcontractor, to ~ extent o£ the Work to be po;formed by thc Subcontractor, to be hotrod to the Contract by the t~ms o£ the Contract Doo~ments, a~l to assame tow[rd the Contractor, by thc Cantmct Documents, assm~s toward the ARTICLE t 2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.t The Owner reserves the right to pe~orm cm~ra~o~ or operations related to the Project with the Owner's ow~ forces, ~ to ~v~d sepa~te contracts in connection with other po~ons o£ the Project or other construction or operations on the 12.1.1 See Addendum (Exhibit "E") 12.2 The Contractor shall afford the Owner and separate contractors reasonable oppommity for the introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs. 12.3 Subject to Article 14.3 hereof, costs mused by delays, improperly timed actim'ties or defective construct/on shall be borne by the party responsible thereof. ARTICLE 13. CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modifications, the Contract Sum and Conhact Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Engineer, or by written Construction Change Directive signed by the Owner and Engineer. 13.2 The Contract Sam and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined only by written agr~ment. ARTICLE ~4 TIME t 4.t Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. t4.2 Thc date of Substantial Completion is the date recommended by the Engineer and approved by the Owner in accordance with Paragraph 15.3. 14.3 If the Contractor is delayed at any time in progress of the Work by Changes ordered in the Work by labor disputes, fire, unusual delay in deEweries, abnormal adverse weather conditions not reasonably anticipatable, nnavoidable casualties or any muses beyond the Contractor's control and fault, or by other muses which the Engineer determines may jll.q~ delay, then the Contract Time ahali be extended by change Order for such reasonable time mutually agreed upon by the Owner, Engineer and Contractor. AIA ~OOUMB#Y &t0? · ABBREI~ATF. D OWI, mR-CONTI1ACTOR AC_,P.~ME'NT · Nit, flit EDITION · alA~ · O tgg/ THE Ab~RICAN INSTITUT~ OF ARCHrFI/CTS, t TM ~ YORK AV~ N.W~ WASHINGTON, D.C. 20006 A107-1987 8 14.2, 14.3, 14.4, 14.$.2, 14.$.3, 14.$.4 See Addendum (Exhibit "E") . ._ ARTICLE 15 PAYMENTS AND COMPLETION t 5.1 Payments shall be made as provided in Article 4 and 5 of thi.q Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make paymgll~ properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of thg Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence th_at the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the' anticipated delay, or (7) failure to carry out the Work in accordance with the Contract Documents. t5.3 When the Engineer agrees that the Work is sub~an~ally complete, fig Engineer will issue a letter of Substal~tiM Completion. The Contractor shall take all precautions for safety of, and shall provide necessary protection to prevent damage, injury or loss to: 1. employees on the Work and other persons who may be 2. the Work and materials and equipment to be incorporated therein; and 3. other persons and/or property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, roles, regulations and lawful orders of public authorities bearing on safety of persons and prolgrty and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the sit~ mused in whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 16.1.2 and 16.1.3, except for damage or loss atm~outable to acts or omi.qsions of ti~ Owner or Engineer or by anyone for whose acts either of then may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 9.12, unless otherwise agreed .to in writing. 15.3 See Addendum (Exhibit "E") 15.4 Final payment shall not become due until the · Con.~or has delivered to the. Owner a complete.release of all liens arisilig.out of this Contract o~ receipts in fl~ COverhlg all labor, materials and equipment for which a lien could be fled, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments arc mode, the Contractor &h~ll ~fund to thc Owner all money that thc Owner may be compelled to pay in discharging such Uen. including all costs and reasozmblc attorneys' fees. 15.5 The making of final payment shah consO~e a waiver of claims by thc Owner, unless otherwise agreed to in writing. Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitllte a waiver of claims by that payee excelX those previously made in writing and identified by that payee as nn~ttled at the time of final Application for payment, unless otherwise agreed to in t~riting. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be respon~le for initiating, maintninlng, and supervising aH safety precautions and programg in connection with the performance of the ContracL 16.2 The Contxa~or ~hall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE t7.1 The Contractor shall purchase from and maintain iii a company or coml~nies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims illlder workers or workmen's compensation acts and other emPloyee benefit acts which are applicable, claims for damages lo:amc of bodily injury, including death, and f~om ¢laim~ for damages other than to the Work itself; to property which may arise out of or result from the Contractor's operations under the Contract, whether' such. ope~raiions be by the Contractor or by a Subcontractor or any one directly or indirectly employed by any of them. This insurance ~hall be written for not less than limits of liability specified in the Contract Doolments or required by law, whichever coverage is greater, and shall in~lllde contractual liability ill~llra~ce applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be with the Owner prior to the commencement of the Work t7.2 The Owner tholl be re;l~on.qible for iml'ehaqing and maintaining the Owner's usual liability insurance. Optionally, NA DO~UM~lrr Al0/' · ABBR.EVL~.TED O'W~[..CONTIL~'rOR AGI~EMENT · ~ EDITION' 2t .2. 21.3. 21.4. 21.5. 21.6. 21.7. 21.8. ARTICLE, 21 OTHER CONDITIONS OR PROVISIONS So tong as' (~Wn~r is not in default under the Contract, Contractor shall not voluntarily permit any laborer's, materialmen's, mechanic's or other similar lien to be filed or otherwise imposed on any pm of the Work or the property on which the Work is performed. If any laborer's, materialmen's, mechanic's or other similar lien or claim thereof is filed and if Contractor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, Owner shall have the right to pay all sums necessary to obtain such release and discharge and deduct all mounts so paid from the Contract Sum, or deduct same from the next succeeding Application for Payment until the total amount of same shall be recouped as Owner may elect. Contractor shall indemnify and hold Owner hamfless from all claims, losses, demands, causes of action or suits of whatever nature arising out of any such lien or that part of the Work covered therebyl The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, representations and agreements with respect thereto not incorporated in the Contract Documents are hereby superseded. This Agreement can be modified or amended only by a document duly executed by the parties hereto. Contractor shall not assign all or any part of this Agreement or any monies due or to . become due hereunder without the prior written consent of Owner. Owner may, without the consent of Contractor, assign this Agreement to any other patty or entity, provided Owner continues to be responsible for the performance of such assignee of Owner's ' obligations hereunder. Subject to the foregoing, this Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This Agreement shall be governed by and construed under the laws of the State of Texas. See Exhibits & B, C, D, E, F, G and H attached hereto and incorporated herein by reference. See Addendum (Exhibit '~E") See Addendum (Exht"oit "E") This Agreement entered into as of the day and year first written above. LENNOX OAK II, LP. PATE BRO~ CONSTRUCTION By: Lennox Investments, Inc., General Parmer 1 t At 07-1987 AIA DOCUMENT hlO?- AIIBRE3/IAIF-.D OwNII~'CON'I~R AGR'EEMIllqT ' [''~['H EDITION ° AIA~ ' O 1987 Tffi; ~CAI, I llflST~t/rl; OF ARCHITIICTS, t't35 KSW YORX AV'n'NU;, N'.W~ WASHII'IGTON D.C. 2~06 EXHIBIT "A" FIELD NOTES OF SITE BEING a tract 0r~pa~.~:el of land situated in the Stephen Hembrie Survey, Abstract Number 643, in the City of Denton, Denton County, Texas, and being part of that tract of land conveyed to Lennox Oaks II, L.P. by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number and being more particularly described as follows: " BEGINNING at a one-half inch iron md found for the Northwest comer of said Lennox Oaks tract, said comer being on the South line of a tract called 100 acro tract conveyed to the State of Texas for Denton State School at Denton, Texas by Deed recorded in Volume 435, Page 0012, Real Property Records of Denton County, Texas; THENCE North 87°01'55' East along the North line of said Lennox Oaks tract and along the South line of said Denton State School tract, a distance of 470.00 feet to a one-half inch iron rod with cap marked 'USA INC, RPLS 2026" set for comer, hereinafter called one-half inch iron rod set, said iron rod being the beginning of a non-tangent curve to the left having a central angle of 14°58'01", a radius of 1780.00 feet, and a chord bearing and distance of South 25°29'28" West, 463.66 feet; THENCE in a Southwesterly direction departing the North line of said Lennox Oaks tract and the South line of Denton State School tract and along said non-tangent curve to the left, an aro length of 464.98 feet to a one-half inch iron rod set for comer;, THENCE South 86°33'17~ East a distance of 699.11 feet to a one-half inch iron rod set for comer;, THENCE North 74°16'00" East a distance of 126.69 feet to a one-half inch iron rod set for ~mer;, THENCE South 15.~44'00= East a distance of 106.50 feet to a one-half inch iron rod set for comer;, THENCE North 74°16'00~ East a distance of 50.00 feet to a one-half inch iron rod'set for comer;, ' THENCE' Sou~h 15°44'00" East a distance of 8.02 feet to a one-half inch iron rod set for comer;, THENCE North 74°16'00" East a distance of 117.00 feet to a one-half inch iron rod set for comer;, THENCE SoUth 15°44'00- East a distance of 360.00 feet to a one-half inch iron rod set for comer;, THENCE South 74°16'00" West a distance of 117.00 feet to a one-half inch iron rod set for comer;, THENCE South 15°44'00' East a distance of 304.36 feet to a one-half inch iron rod set for comer;, THENCE South 74°16'00" West a distance of 50.00 feet to a one-half inch iron rod set for comer;, THENCE South 15°44'00, East a distance of 37.54 feet to a one-half inch iron rod set for comer at the beginning of a curve to the left having a central angle of 16°46'36', a radius of 275.00 feet, and a chord bearing and distance of South 24°07'18" East, 80.23 feet; THENCE in a Southeasterly direction along said curve to the left, an aro length of 80.52 feet to a one-half inch iron rod set for comer, THENCE South 57°29'24" West a distance of 55.19 feet to a one-half inch iron rod set for comer;, THENCE South 19°10'14" East a distance of 130.89 feet to a one-half inch iron rod set for comer;, EXHIBIT "A" FIELD NOTES OF SITE Page 1 of 2 WATER: DESCRIPTION EXHIBIT "B" CONTRACT SUM QUANTITY UNIT UNIT PRICE TOTAL 12" Water Main w/Embedment 6" Water Main w/Embedment 12" Valve 6" Valve 2" Eclipse Blow off Hydrant Cast Iron Fittings Concrete Blocking 1" Water Service 2" Water Service Fire Hydrant Connect to Existing Main Remove & Replace HMAC Testing 3062 L.F~ 4129 L.F. 8 Ea. 20 Ea. 3 Ea. 4 Ton 13.3 C.Y. 116 Ea. 1 Ea. 8 Ea. 1 Ea. 45 S.Y. 7,191 L.F. $17.70 $11.38 $922.15 $422.42 $916.39 $1,127.67 $67.66 $353.90 $639.33 $1,115.18 $338.30 $30.45 $0.63 $54,197.40 $46,988.02 $7,377.20 $8,448.40 $2,749.17 $4,510.68 $899.88 $41,052.40 $639.33 $8,921.44 $338.30 $1,370.25 $4,530.33 WATER TOTAL SANITARY SEWER: DESCRIPTION QUANTITY UNIT UNIT PRICE $182,022.80 TOTAL 8" Sewer Main w/Embedment Std. 4.0' Diameter Manhole Std. 4.0' Diameter Drop Manhole Cleanout 4' Sewer Service 8" Cap Trench Safety TV inspection Testing Lilt Station Force Main Manhole over Existing 24" Main Force Main Testin~l SANITARY SEWER TOTAL 5,444 L.F. 14 Ea. 3 Ea. 3 Ea. 116 Ea. 4 Ea. 6499 L.F. 54.90 L.F. 5490 L.F. 1 L.S. 1,055 L.F. 1 Ea. 1,055 L.F. $15.83 $1,291.18 $1,837.21 $153.44 $177.00 $34.96 $1.13 $0.84 $0.57 $62,695.71 $11.77 $1,001.37 $0.33 $86,178.52 $18,076.52 $5,511.63 $460.32 $20,532.00 $139.84 $7,343.87 $4,611.60 $3,129.30 $62,695.71 $12,417.35 $1,004.37 $348.15 $222,446.18 DESCRIPTION STORM SEWER: QUANTITY UNIT UNIT PRICE TOTAL 8'x6' Box Culvert 66" Class III R.C.P. 42" Class I11 R.C.P. 42" Class I11 R.C.P. 36' Class III R.C.P. 30' Class IV R.C.P. 30" Class III R.C.P. 27" Class III R.C.P. 24" Class IV R.C.P. 24" Class III R.C.P. 125 L.F. 431 L.F. 284 L.F. 103 L.F. 225 L.F. 223 L.F. 378 L.F. 205 L.F. 86 L.F. 151 L.F. EXHIBIT "B" - CONTRACT SUM Page 1 of 2 $193.05 $147.79 $57.17 $72.80 $43.90 $38.74 $34.80 $31.63 $32.08 $28.72 $24,131.25 63,696.05 $16,236.28 $7,498.40 $9,878.00 $8,639.52 $13,155.24 $6,484.61 $2,759.07 $4,337.06 STORM SEWER (cont.) 21' Class III R.C.P. 18' Class III R.C.P. 7' Dia. Manhole ~ '- 5' Dia. Manhole 4' Dia. Manhole Junction Box 20' Curb Inlet 10' Curb Inlet 8' Curb Inlet Wye Connection 27' Cap 8~(3' Type 'B' Headwall Rock Rip Rap Grade to Drain Remove Existin~l Headwall 32 334 1 1 2 1 2 2 12 10 1 1 64 32O 1 L.F. L.F. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. S.Y. L.F. Ea. $26.70 $23.69 $4,418.19 $2,320.74 $1,463.71 $12,439.56 $2,355.98 $1,577.89 $1,399.72 $28.20 $140.96 $4,115.47 $55.03 $14.67 $338.30 STORM SEWER TOTAL SUMMARY: WATER TOTAL SANITARY SEWER TOTAL. STORM SEWER TOTAL $854.47 $7,913.20 $4,418.19 $2,320.74 $2,927.42 $12,439.56 $4,711.96 $3,155.78 $16,796.64 $282.00 $14Q.96 $4,115.47 $3,521.92 $4,694.40 $33a.3o $182,022.8,0 $222,446.18 $217,94~_J)9 $622,417.07 All items to be constructed per the City of Denton Standards and Specifications. Items to include all means of construction, required for prOper installation (complete in place), including .but not limited to: labor, supervision, equipment tools, materials, backfill, compaction, final cleanup, and acceptance. Traffic contrOl to be provided and maintained by Contractor thrOughout construction 'at Contractor's .expense. It shall-be the .Contractor's responsibility to 'restore street ground elevations to within one tenth of a foot to that existing at the time the Project was released for utility construction.. Payment for this surface restoration shall be subsidiary to the pdce bid for the various items throughout the project. No separate payment will. be. made. It is acknowledged and agreed that the actual amount of Work to be performed and materials, to be furnished, under this. Agreement may vary from the foregoing estimates. Payment shall be for the actual amount of such Work done' and materials, furnished at the. unit prices· shown above. The actual measured, or computed length, area, solid contents, number and weight only shall be used to determine quantities for final, payments;, no. extra or customary measurements, may be used. Any adjustment to the Contract Sum set forth in Article 3 by reason of any variance in quantity of Work performed, or matedal furnished shall be made only by Change Order. EXHIBIT "B" - CONTRACT SUM Page 2 of 2 EXRfRIT "C' SHEETINDEX 2. 3. 4. 5. 6. 7. 9. 10. 11 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. · ' .27. 28. 29. 30. 31. 32. 33. 34. COVER SI~E ET'I' FINAL PLAT (SHEET 1 OF 2) FINAL PLAT (SHEET 2 OF 2) WATER & SANITARY SEWER PLAN SANITARY SEWER PROFILES - LINES "S-1", "S-2' & "S-3" SANITARY SEWER PROFILES - LINES "S-4", "S-6" & "S-7' SANITARY SEWER PROFILES- LINES "S-5", "S-8", "S-9", "S-10", "S-11" & "S-12" WATER PROFILE - LINE "W-I' UTILITY PROFILES - LINE "W-I" & FORCE MAIN LIFT STATION SITE PLAN & DETAILS · DRAINAGE AREA MAP STORM SEWER PLAN AND PROFILE - LINE STORM SEWER PLAN AND PROFILE - LINES "D-I' & "D-6" STORM SEWER PLAN AND PROFILE - LINES "D-2", "D-3", "D-4" & "D-5~ PAVING PLAN AND PROFILE - Harvard Drive PAVING PLAN AND PROFILE - St, John's Drive PAVING PLAN AND PROFILE - Villanova Drive PAVING PLAN AND PROFILE - Marquette PAVING PI:AN AND PROFILE - Stanford Drive PAVING PLAN AND PROFILE - Centenary Drive PAVING PLAN AND PROFILE - Robinson Road LOT GRADING PLAN LOT GRADING PLAN LOT GRADING PLAN LOT GRADING PLAN STORMWATER POLLUTION PREVENTION PLAN STORMWATER POLLUTION PREVENTION PLAN CITY DETAILS - WATER DISTRIBUTION SYSTEM DETAILS CITY DETAILS - SANITARY SEWER DETAILS CITY DETAILS - STORM SEWER DETAILS CITY DETAILS - STORM SEWER DETAILS CITY DETAILS - STANDARD CONCRETE PAVING DETAILS CITY DETAILS - STANDARD ASPHALT PAVING DETAILS CITY DETAILS - STANDARD ASPHALT PAVING DETAILS EXHIBIT "C" DRAWINGS~FICATIONS Page 1 of 1 o o All insurance coverage required as herein set forth shall be at the sole cost and expense of Contractor and its subcontractors and suppliers, and all deductibles shall be assumed by, for the account of, and at the sole risk of said Contractor and its subcontractors and suppliers. Except where prohibited by law, all insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation against Owner, its agents, servants, invitees, employees, co- lessees, co-venturers, affillated companies and their insurers. All insurance policies shall be endorsed to provide that it may noi be cancelled or modified except upon thirty (30) days prior written notice to Owner. All insurance policies slaall be with such insurance companies as are satisfactory and acceptable to Owner. Contractor shall deliver to Owner for its inspection all insurance policies required hereunder or such other evidence of compliance with the foregoing insurance requirements as is satisfactory and acceptable to Owner. Contractor shall maintain or cause to be maintained all insurance required by this Exhibit in full force and effect during the entire term of this Agreement and for a period of five (5) years following Completior~ Not later than thirty (30) days prior to the expiration of any such policy of insurance, Contractor shall deliver to Owner evidence satisfactory to Owner that such policy has been renewed or replaced. EXI~IT D Pase 2 of 2 EXHIRIT "E" ADDENDUIVI TO ABBREVIATED FORM OF AGKEEMENT ' ; BETVgEEN OWNER AND CONTRACTOR THIS ADDENDUM to Abbreviated Form of Agreement Between Owner and Comractor ("Agreement") shall amend, supplement, modify, delete and replace by substitution (or where applicable, be inserted as) the indicated provisions of the Agreement. Wherever the terms hereof are inconsistent with the Agreemem, the terms hereof shall be controlling. SUPPLEMENTARY TERMS. OF AGREEMENT 4.1 On the twenty-fifth (25th) day of each month during performance of the work or the first weekday after the twenty-fifth, Contractor shall submit to the Owner, through the Engineer for their approval an Application for Payment in form and substance satisfactory to Owner for the period ending on the twenty-fifth of each month. Each Application for Payment shall be for a sum not greater than ninety pereem (90%) of that portion of the Contract Sum properly allocable to labor, date of such Application for Payment, less the aggregate of previous payments made by Owner. Within twenty-five (25) days alter submission of each Application for Payment, provided no default by Contractor has occurred and is continuing hereunder, Owner shall make payment to Contractor for such mounts thereof which have been approved by the Engineer and Owner. 4.2 Each Application for Payment shall contain the following certification by ContractOr: eri~ym There.are no lmowa mechanic's or mat efts lien claims outstanding 'at the 'date of this Application for Payment and no condition or state of facts exists which would give Contractor reason to believe that any such claim may be made. All due and payable bills with respect to the Work have been paid to date or are included in the amount requested in the Application of Payment. Except for such bills not paid but so included, receipts and waivers from all Subcontractors and materialmen for Work done and materials furnished to the effective date of this Application for Advance have been obtained in such form as to constitute an effective waiver of lien under the laws of the State of Texas. Contractor shall promptly pay all bills for labor and materials performed and furnished by others in connection with the performance of the Work. Owner may require as a condition precedent to the making of any payment hereunder that (i) Comractor submit evidence satisfactory to Owner that no unpaid claims exist for any labor, materials, ser~..'ces or other obligations incurred by Contractor, any Subcontractor or supplier in the performance o Page 1 of 6 4.3 5.1.1 5.2 '5.3 5.4 9.4.1 the Work hereunder and that no condition or fact exists which would cause Contractor to believe that any such claims be thereafter asserted and (ii) Contractor, its Subcontractors and suppliers execute and deliver the Owner a . ~neral release and waiver of liens in form acceptable to Owner. Owner may withhold from any amount included in any Application for Payment (including the Final Application) amounts deemed appropriate by Owner by reason of any of the following: (i) written qualifications or exceptions of Engineer or Owner to any Application for Payment; (ii) claims of Subcontractors or payments for labor or materials made in the Work; (iii) Contractor's failure to perform any obligation under this Agreement or under any other Contract Document; (iv) defective Work or (v) the making, assertion or threat of any claim, action, suit, proceeding, expense, liability, damage or injury for which Contractor may be liable under Section 9.12 of this Agreement. In addition to the not in derogation of the provisions of Paragraph 15.3 herein, the issuance of a Payment Recommendation letter shall constitute a recommendation to the Owner by Engineer with respect to the amounts to be paid to Contractor. Such recommendation shall be non-binding on Owner, and Owner shall be entitled to refuse to make payment on any Payment Recommendation letter if Contractor is in default. Upon completion (hereinafter defined), Contractor shall submit a final Application for Payment ("Final Application") which shall set forth all amounts due and remaining unpaid to Contractor in respect of the Contract Sum. Upon approval thereof by Owner and Engineer and satisfaction of all other conditions to final payment thereunder, provided no default by Contractor has occurred and is continuing hereunder, Owner shall pay to Contractor the amount dueunder such Final Application. The Fmal'Application shall not'be payable until (i) thirty (30). days shall have expired after Completion, (ii) the surety company or eompames tssuing labor and material payment bonds and perfoimance bonds, if any, shall have consented to payment of the fmai application ('fii) Contractor shall have delivered to Owner a complete release of all liens arising out of this Agreement and the Work, together with an affidavit of Contractor that the release includes and covers all materials and services for which a lien could be fried; and (iv) Contractor shall have delivered to Owner all warranties and guaranties which are applicable to any part of the Worlc Completion shall mean the full and complete perfo~-~iiance of all Work in accordance with the Contract Documents. Completion shall not have occurred until the City of Denton, Texas shall have accepted the Work in accordance with all laws, ordinances, rules, regulations and lawful orders of any govemmentai authority having jurisdiction over the Work or the Project shall have been satisfied. The warranty provided in Paragraph 9.4 shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Page 2 of 6 9.4.2 9.4.3 9.4.4 9.12 9.12.1 Contract Documents, and such warranty shall be interpreted to require Contractor to replace defective materials and equipment and re-execute defective Work which is disclosed to the Contractor by the Owner within a period of one (1) year after final completion of the entire Work. The Contractor shall issue in writing to the Owner as a condition precedent to final payment a "General Warranty" reflecting the terms and conditions of this Paragraph 9.4 for all Work under the Contract Documents. Except when a longer warranty time is specifically called for in the Specification Sections or is otherwise provided by law, the General Warranty shall be for twelve (12) months and shall be in form and content otherwise satisfactory to Owner. Warranties shall become effective on a date established by the Owner and Engineer in accordance with the Contract Documents. This date shall be the date of Final Completion of the entire Work, unless otherwise provided in any Certificate of Partial Final Completion approved by the parties. To the fullest extent pem~itted by applicable law, Contractor shall and does agree to indemnify, protect., defend and hold harmless the Owner, Owner's partners, affiliated compames of Owner and of any partner, Engineer and their respective officers, directors, shareholders, employees and agents (collectively the "Indemnities") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, ldnd or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part), (i) the work performed hereunder, or any part thereof~ or (ii) any act or omission of Contractor, Any subcontractor of Contractor anyone directly or indirectly employed'by them, or anyone that they control, or exercise · control over (collectively the "Liabilities"). Contractor shall promptly advise Owner in writing of any action, administrative of legal proceeding or investigation as to .which this indemnification may apply, and Contractor, at Contractor's expense, sh_a_ll assume on behalf of Owner (and the other Indemnities) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Owner; provided, however, that Owner shall have the fight, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Contractor to fully perform in accordance with this indemnification paragraph, Owner, at its option, and without relieving Contractor of its obligations hereunder, may so perform, but all costs and expe~es so incurred by Owner in that event shall be reimbursed by Contractor to owner, together with interest on the same from the date any such expense was paid by Owner until reimbursed by Contractor, at the rate of interest provided to be paid on judgments, under the laws of the State of Texas. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts or other employees' benefit acts. It is understood and agreed that Paragraph 9.12 above is subject to, and Page 3 of 6 9.12.3 10.5 12.1.1 14.2 expressly limited by, the terms and conditions of TEX. CIV. PRACT. & REM. COND ANN. §§130.001-130.005 (Vernon Supp. 1989), as amended. Contractor shall not be obligated under Paragraph 9.12 to indemnify or hold 'harmless Engineer or an agent, servant, or employee of Engineer from liability or damage that is caused by or results from gross negligence of the Engineer in the rendition or conduct of professional duties called for or arising out of the Contract Documents and the plans, designs or specifications that are a part of the Contract Documents. R is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Paragraph g. 12, suchlegallimitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the rninlmum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. is hereby modified to include the following at the end of the paragraph: The Engineer (if the matter is referred to the Engineer for initial decision) will review claims and within ten (10) days after receipt ora claim will either (i) reject the claim in whole or in part, (ii) recommend approval, or,the claim in whole or in part, (iii) request the claimant provide additionat information in support of the claim: or (iv) suggest a compromise. The Engineer's action under the preceding 'sentence sba_!! be reported to the Owner and the Contractor. If a claim is not resolved after consideration of the foregoing and of any further evidence provided to the Engineer, the claimant shall be entitled to pursue its claim in any lawful manner, subject to any limitations contained in the Contract Documents. Any recommendation of the Engineer for the disposition, of any claim shall not be binding on the Owner or the Contractor. Owner agrees that its separate Contracts for both the utility work and the paving work on the project shall contain conditions identical or substantially similar to these, including those portions relating to insurance and waiver of subrogation. Upon notification from the Contractor that the Work is ready to be reviewed for Completion, the Owner and Engineer shall review the Work, and the Engineer shell promptly prepare and submit to the Owner and the Contractor a list of portions of the Work to be completed or corrected and shall report such other qualifications and exceptions as the Engineer and Owner may deem appropriate. Within thirty 00) days after the issuance of such list, Contractor shall remove, remedy, cure, correct or complete all items on the list and all qualifications and exceptions contained therein. Thereafter, the Owner and Engineer shall review the work and upon determination by Page 4 of 6 14.3 14.4 14.5.2 14.5.3 14.5.4 15.3 Engineer and Owner that completion has occurred, the Engineer shall issue a letter that completion has occurred to the best of their knowledge. In,the-event that the work is delayed by strikes, lockouts, embargoes, acts of God, national emergency, fires, unavoidable casualties or other causes beyond the control of Contractor and not contributed to in any manner by Contractor, the time for completion may be extended by the number of days by which the work is so delayed; provided; no such extension shall be granted unless Contractor shall have given Owner written notice of such delay within three (3) days after commencement of such delay. Extension of the time for completion shall be Contractors exclusive remedy in the event of any delay caused by or resulting .from any act or omission by Contractor. Contractor shall be entitled to receive no compensation for any riel.ay.or hindrance to the work caused by or resulting from any act or onuss~on by Contractor. Owner and Contractor agree that final completion (herein so called) shall be achieved when this Agreement has been fully perfomied by Contractor, and Contractor has delivered to Owner a final status letter from the City of Denton stating that all utility work has been accepted. Contractor shall have fifteen (15) working days from the date that Contractor receives notice from Engineer to proceed to achieve final completion (the "Final Completion Date"). If Contractor has not achieved final completion by the Final Completion Date (75 working days), Contractor shall be assessed a penalty of $450.00 for each day after the Final Completion Date for which Contractor has not achieved Final Completion, with no maximum penalty. ' Any lost working days shall be defined and accounted for by'Engineer and Owner or its representative and Contractor will be hotly, ed as necessary.of the status of the lost working day count. If Contractor aoes not agree wnn said lost working day count, a third party, agreeable to Owner and Contractor, will be selected to make a final dete~i~finafion of actual lost working days. As used throughout this Contract,. the term "working day" shall be defined to mean any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit hours between 7:00 a.m. and 6:00 p.m., provided, however, if in any week there are less than five (5) "working days" as defined herein, Saturday shall be included as a "working day", subject to the weather and other conditions set forth herein. is hereby mOdified to include the following at the end of the paragraph: As a consideration of final completion acceptance, the Contractor shall certify that all remalrting work, the same being solely ora "punchlist" nature, will be completed within thirty (30) consecutive calendar days or as agreed uPon following the date of final completion ("Final Completion"). Page .5 of 6 20.3 20.4 20.5 21.7 21.8 Notwithstanding the foregoing, the Owner may refuse to make payment on any certificate of final completion or any Payment Recommendation letter (including, without limitation, the final Payment Recommendation Letter) for any default of the Contractor. The Owner shall not be deemed in default by i'e'ason of withholding payment while any of such defaults remain accrued. Notwithstanding anything herein to the contrary, the Contractor's right to terminate the Contract Documents. shall always be subject and subordinate to the fight of any lender on the project to assume the position of Owner under the Contract Documents. In addition to Owners right to remove Contractor from any part of the work pursuant to the Contract Document,. Owner may, at any time, at will and without cause, temfinate any part of the work or any subcontract or all remaiaing work for any reason whatsoever by giving seven (7) days' prior written notice to Contractor specifying the work or subcontract to be terminated. If the work or any subcontract is so terminated, Owner shall incur no liability to Contractor by reason of such tet¥rdmation, (the basis for such payment shall be as provided in the Contract Documents) and for costs directly related to work theretofore and thereafter performed by Contractor in terminating such work or subcontract including reasonable demobilization and cancellation charges provided said work is authorized in advance by Engineer and Owner. No payment shall be made by Owner, however,, to. the. extent that such work or subcontract is, was or could have been terminatea under the Contract Documents or an equitable adjustment is made or denied under another provision of the Contract Documents. In case of such termination, Owner will issue a Construction Change Directive or anthorize a change order in making any required adjustment to the date of Final Completion and/or the Contract Sum. For the part of the work terMnated, the applicable provisions of the Contract Documents shall continue in full · force and effect as to all work performed prior to the effective date of termination. For the remainder of the work, the Contract Documents shall remain in full force and effect. Rights and remedies of Owner and Contractor under this Article 20 shall be non-exclusive and shall be in addition to the cumulative of all other remedies available to such parties at law or in equity, subject only to any express limitation provided in this Agreement. Contractor agrees to indemnify and hold its partners harmless from and against all claim% demands,, c_a_uses of action a~.d. expens? ('.mcluding,..but not limited to, court costs and attorney's fees) arising out or or m connecuon with the Work performed by Contractor, notwithstandln$ any claimq or allegations by any party that Owner's negligence contributed to any such indemnified claim, demand, cause of action or expense. Contractor to provide, as an incidental cost, required city maintenance bond. Page 6 of 6 EXHIBIT G OWNER CERTIFICATION ;STORM WATER POLLUTION PREVENTION PLAN OWNER CERTIFICATION OF STORM WATER POLLUTION PREVENTION PLAN FOR OAKMONT II, SECTION I The owner for the above named construction site is identified below and must sign the following certification statement. Name of Owner:. Address: Telephone Number: Lennox Oak. II, L.P. 6116 N. Central Expwy, Suite 1313 Dallas, Texas 75206 (214) 696-9933 Certification Statement: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with. a systemdesigned .to assure, that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the inforl¥~ation submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." This certification is hereby signed, in reference to OAKMONT II, SECTION I: Name: ,~,~v~uo ~ ~.~( _T'J~. LP. Title: Signature: ~ Date: Page 1 of 1 EXHIBIT H TEXAS SALES TAX EXEMPTION CERTIFICATE [Name o~ purchaser, firm or aaency Addreea (~eat & number, P.O. B~x or Route number) City, State, Z~p ~:~e Phone (Area c~de and number) I, the pumhaser named above, claim an exemption from payment of sales taxes for the purchase of taxable items described below or on the attached order or invoice from: Seller. Street address: City, State, Zip code: Description of items to be purchased, or on the attached order or invoice: Pumhaser claims this exemption for the following reason: I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provisions of the state, city, metropolitan transit authority, city transit department. and/or county sales and use tax laws and Comptroller roles regarding'exempt .purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market value for the period of time used. I undemtand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and that upon conviction may be fined not more than $500 per offense. NOTE: This certificate cannot be issued for the purchase, lease or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VAUD Sales and Use Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do n.ot. send the completed certificate to the Comptroller of Public Accounts. Page 1 of 1 ~ ~P~ ~urray Co~c~on Co., Znc. I l~t~,,~nous Casua~ Co. 5L5 No, KeaLy ~v~ue ~ev~s~LLe, ~ 75057 c ..... O Cert$f~ca~o ho~do: policies AGENDA INFORMATION SHEET AgendaNo. O0-Og~ ~ Agendaltem. ,~. , AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 1, 2000 Legal Department Herbert L. Prouty, City Attomey SUBJECT: AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES, CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE NO. 99- 373, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHT-OF- WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $150.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $100.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR OTHER AND FURTHER LEGAL REMEDIES IN THE EVENT OF ANY PROVIDER'S VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. BACKGROUND: This agenda item pertains to essentially the re-enactment of the City's existing electric right-of-way ordinance. The Legal Department will provide you with supporting detailed legal advice and recommendations about why this action is advisable in the City Attomey's Status Report to the Council which will be issued Friday, January 28, 2000. Because this agenda item involves possible issues and strategies respecting the legal effect of the previous ordinance, and the desirability of making certain minor changes of form in the right-of-way ordinance to protect the City's position, in order to properly discharge our duties to the Council as our client, we choose to communicate the applicable legal advice through that vehicle, to achieve the necessary confidentiality and to maintain the attorney-client privilege. PRIOR ACTION/REVIEW: The Council considered, approved, and enacted the electric fight-of-way ordinance now in effect, Ordinance No. 99-373 at its open meeting of October 12, 1999. In the month prior to its action, the Council received legal advice fi:om its attorneys preparatory to the final draffing and the ultimate enactment of the ordinance. ALTERNATIVES: We will provide you with the possible alternatives in our City Council Status Report referenced above, as your alternatives involve your assessment of several legal issues and risks. RECOMMENDATION: The Legal Department recommends that the Council enact the proposed electric right-of-way ordinance in the form, or substantially in the form, of the ordinance provided to you herewith. Additional detail supporting our recommendation will be provided to you in the above- referenced status report. Attachment I --- Proposed Ordinance Respectfully submitted, Herbert L. Prouty / City Attorney Prepared by: Assistant City Attorney S:\Our Documents'aMiscellaneous\00XAgenda Info Sheet - CC - Re-enact Elec Reg Ord 020100.doe ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES, CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE NO. 99- 373, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHTS- OF-WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $150.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $100.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR OTHER AND FURTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER'S VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. WHEREAS, the City of Denton finds it in the public interest to provide that every entity using the Public Rights-of-Way for the provision of Electric Utility Service shall, because of the Page 1 overriding public health, safety and welfare considerations associated with the provision of this service, comply with uniform regulations goveming such use; and WHEREAS, the City of Denton finds it in the public interest to retain control over the use of Public Rights-of-Way by providers of Electric Utility Services to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use of limited Right-of-Way space and to protect the public investment in Right-of-Way; and WHEREAS, Article XIII of the City Charter of the City of Denton authorizes the City to prohibit the use of any street, alley, highway, boulevard or grounds of the City by any public utility without first obtaining the consent of the City expressed by ordinance and paying compensation as prescribed by the City, and upon such terms and conditions as the City shall provide; and WHEREAS, the City of Denton finds that the granting of fi'anchises for such use of the Public Rights-of-Way under the provisions of this Ordinance to providers of Electric Utility Service is the best means of assuring that the above-described interests of the City are promoted; and WHEREAS, the protection of the public health, safety and welfare will be furthered by the standardization of such right-of-way regulations; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That this Ordinance expressly amends and supersedes Ordinance No. 99- 373, previously enacted by the Denton City Council on the 12th day of October, 1999. SECTION 2: That Chapter 26 of the City of Denton Code of Ordinances respecting Utilities, is hereby amended to add the following provisions, at Article VII thereof, entitled "Uniform Regulations to Govern the Use and Occupancy of Public Rights-of-Way by Providers of Electric Service in the City of Denton," by adding Sections 26-240, et seq. thereto to read as follows: Section 26-240: Definitions. For the purposes of this Ordinance and for franchises granted hereunder, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning. These definitions shall be subject to revision after review by the City to account for changes necessitated by retail competition in the electric utility industry commencing January 1, 2002. (a) "City" shall mean the City of Denton, Texas, a home rule municipal corporation. (b) "Corporate limits" shall mean the corporate limits of the City as said limits are now established or as such limits may hereafter be extended. (c) "Customer" shall mean any person, finn, partnership, association, corporation, company or organization of any kind served by a Provider hereunder within the City. (d) "Electric Utility Service" shall include all sales of electricity, net of customer credits, to all customers within the corporate limits of the City. (e) "Electric Utility System" or "System" shall mean an electric power system installed and operated in the City which shall include, but not be limited to, the generation, transmission and distribution facilities, equipment and administrative services necessary to provide electric service for any use to the City and such extensions, additions or reductions as may hereafter be made. (f) "Gross Revenues" shall mean all revenues received by the Provider from the provision of Electric Utility Service within the corporate limits of the City to all customers within the City. (g) "Person" shall mean any person, firm, partnership, association, corporation, municipal corporation, company or organization of any kind. (h) "Provider" shall mean any Person who owns, operates, or otherwise controls an Electric Utility System for the provision of Electric Utility Service within the City. (i) "Public Rights-of-Way" shall mean ail of the public streets, alleys, highways, and public thoroughfares of the City, as they now exist or may be hereafter constructed, opened, laid out, or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated, or annexed to the City. Section 26-241: Franchise required. (a) Any Person who desires to occupy Public Rights-of-Way for the purpose of providing Electric Utility Service to any Person or area of the City must obtain a franchise from the City hereunder and comply with all provisions of this Ordinance and the franchise granted hereunder. The franchise granted by the City shall be granted in accordance with Article XIII of the City Charter, and shall authorize the Provider to use and occupy the present and future Public Rights-of-Way for the purpose of constructing, erecting, owning, suspending, installing, extending, renewing, repairing, maintaining, operating and conducting within the city limits of the City, a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable solely for the provision, support, or control of the Electric Utility System, and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System. Page 4 (b) A Provider seeking to obtain a franchise shall make application therefor with the City. Such application shall consist of completing the Application Form provided by the City and filing the completed form with the City, along with the required Application Fee of $500. Upon receipt of the completed Application Form and the Application Fee, and after reasonable opportunity for review of same, the City shall, by ordinance, grant a franchise to the applicant as provided herein. (c) A franchise granted hereunder shall be limited to the provision by Provider of Electric Utility Services. In the event Provider desires to use its existing facilities, or construct new facilities, in order to provide telecommunications service, local interconnection, network access service, leased fiber optic capacity, video programming service or any other telecommunications or telephony service to existing or potential customers, Provider must obtain additional and separate authorization f~om the City for such activities to be conducted in the Public Rights-of-Way prior to their commencement, as provided by state law, including the payment of appropriate fees therefor. (d) Franchises granted hereunder shall cover the geographical area of the entire corporate limits of the City, but shall not be construed to expand or limit a Provider's service area granted by the Public Utility Commission of Texas. The City limits are subject to expansion or reduction by annexation and contraction of municipal boundaries. In accordance with state law and regulations of the Public Utility Commission of Texas, a franchised Provider may provide service to any and all areas that may be annexed to the City under the same terms and conditions of this Ordinance as the current areas now included within the City. If the City approves any expansion or reduction of its corporate limits by annexation or contraction, the City will provide written notice to the Provider. The Provider must revise its payments due to any P~e5 expansion or reduction by annexation or contraction within a reasonable time after notice by the City, but no later than sixty (60) calendar days after receipt of notice. (e) Franchises may be granted for a fixed term, not to exceed twenty (20) years. (f) A franchise shall not be assignable without the express, advance, written consent of the governing body of the City, which consent shall not be unreasonably withheld; such consent to be evidenced by an ordinance that fully recites the terms and conditions, if any, upon which such consent to assign is given. Section 26-242: Compensation to be paid to the City. (a) As compensation for the fights and privileges conferred by a franchise granted pursuant to this Ordinance, Provider shall be required to pay to the City, each quarter, a sum of money equal to four percent (4%) of the Provider's Gross Revenues as defined herein. (b) Each quarterly payment required by this Ordinance and the franchise shall be equal to four percent (4%) of the preceding quarter's actual said Gross Revenues. Each payment shall be due and payable on or before the last business day of the first month following the end of the preceding quarter by electronic funds transfer or by other means that provide immediately available funds to the City on the day the payment is due. These payments (insofar as the City has legal power so to provide and agree) shall be in lieu of, and shall be accepted as payment for all of Provider's obligations to pay other charges for the rental of the Public Rights-of-Way, franchise taxes, or other taxes of every kind; save and except ad valorem taxes, sales and use taxes, special taxes and assessments for public improvements, and any fees associated with the use of City-owned poles. (c) The compensation payable to the City by Providers as consideration for their use and occupancy of Public Rights-of-Way may change for Providers with franchises extending beyond January 1, 2002, in accordance with Section 33.008, Public Utility Regulatory Act of Page 6 Texas ("PURA") (Tex. Util. Code §33.008). For "electric utilities," as defined in PURA, the City shall determine the franchise fee to be paid by Providers using the criteria set forth in §33.008, PURA. The new franchise fee shall be effective as of January l, 2002, and shall replace the calculation of the franchise fee described in subsections (a) and (b) of this section. For electric cooperatives, the City shall determine the franchise fee to be paid by such Providers, also in accordance with the criteria set forth in § 33.008, PURA, and the new franchise fee shall be effective upon the implementation by the electric cooperative Provider of customer choice. Section 26-243: Underground conduits; use by City of conduits and poles. (a) Provider shall install underground at no expense to the City all electric power distribution facilities within new residential subdivisions or commercial developments. The City may require facilities to be moved underground at the City's expense. (b) Representatives of both the City and the Provider shall meet periodically to: (i) Consult and plan together regarding projects to be undertaken pursuant to this section. The Provider shall provide non-binding "ballpark" cost estimates for planning purposes at no cost to the City. The final decision as to which projects are selected rests with the City, subject to the provisions of this section. The specific scheduling of projects rests with the Provider, which shall make every reasonable effort to complete such projects within the time requested by the City; (ii) Review the City's undergrounding program, including conversions, public projects and replacements, which have been accomplished or are underway by the Provider at the City's expense and request, together with the City's plans for additional undergrounding; (iii) Review the status of technology in the field of electric undergrounding; Page 7 (iii) Review the construction and operation and maintenance costs of underground lines versus overhead lines; and (iv) Review public projects anticipated by the City. Such meetings shall be held to achieve a continuing program for the orderly undergrounding of electric lines in the City. (c) When undertaking a project of undergrounding pursuant to subsection (b) of this section, the City and the Provider shall work with other utilities or companies that have their lines overhead to have all lines undergrounded as part of the same project. When other utilities or companies are placing their lines underground, the Provider shall cooperate with these utilities and companies and undertake to underground Provider's facilities are part of the same project where feasible; provided, however, the Provider shall have no such obligation absent reimbursement of the Provider's cost by the City. (d) The Provider shall use its best efforts to coordinate its installation of new underground facilities with preexisting underground facilities of other companies. (e) If Provider, in its sole discretion, determines that it has spare ducts in its underground conduits, or spare pins, crossarms, or space on any of its poles not then necessary for the provision of Electric Utility Service, and not needed for future anticipated load growth or emergencies, Provider shall permit the City to use one such duct in each conduit, or reasonable spaces on poles, or both, for the City's police and fire alarm wires, traffic control wires or cable, fiber-optic lines connecting City facilities, or other similar, appropriate non-commercial, governmental uses, provided that such use by the City is in compliance with the National Electric Safety Code and at the expense of the City. If Provider constructs or extends additional conduits or erects additional poles, the City may require the Provider to provide one such duct in each Page 8 conduit, or reasonable space on poles, or both, for the City's own use as aforesaid. In either event, the City shall pay Provider a fair rental therefor. (f) City shall not sell, lease or otherwise make available its rights to use Provider's facilities as set forth herein to any third party for commercial purposes. Such rights are provided solely for the non-commercial use of the City for governmental purposes. However, this restriction shall not prevent the City fi.om using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City, so long as no resale or other commercial use of such facilities shall occur. (g) Provider is not authorized to license or lease to any person or entity or any other public utility, any right to occupy or use the City's Public Rights-of-Way for the conduct of any private business or pursuit. Section 26-244: Construction and maintenance; excavation. (a) The construction, maintenance, and operation of Provider's Electric Utility System shall be subject to lawful police regulations and ordinances of the City, including, but not limited to, Sections 25-71, et seq., Denton Code of Ordinances. The placement of poles, excavations, and other construction in the streets, alleys, and other Public Rights-of-Way, shall interfere as little as practicable with the use of the streets, sidewalks, and alleys, and with the use of private property. The City shall have the right and power, at any time to order and require Provider to remove and abate any pole, wire, cable, or other structure that is unnecessarily dangerous to life or property. In the event the Provider, after notice, fails or refuses to act within a reasonable time, the City shall have the power to remove or abate the same at the expense of the Provider, all without compensation or liability for damages to Provider. (b) Whenever the Provider shall cause any opening or alteration to be made in any of the Public Rights-of-Way for the purpose of installing, maintaining, operating or repairing its Page 9 Electric Utility System, the Provider must obtain a permit as required in Sections 25-71, et seq., Denton Code of Ordinances. The work shall be completed at no expense to the City within a reasonable time. The Provider shall, upon the completion of such work, restore such portion of the Public Rights-of-Way to as good or better condition as it was before the opening or alteration was so made and will promptly remove any debris. Should the Provider fail to complete restoration after ten (10) calendar days' notice provided in writing by the City to Provider, the City may repair such portion of the Public Rights-of-Way that may have been disturbed by the Provider, and the cost shall be charged to the Provider. (c) The Provider shall be responsible for the payment of all repair or maintenance costs incurred as a result of any defects, impairments, or substandard condition in the Public Rights-of-Way caused by the work of the Provider for two years after the City's acceptance of the completed work; provided however, that the Provider remains responsible for repair and maintenance costs beyond the two year period when it has been notified by the City in writing of a defect, impairment, or substandard condition within the two year period. (d) On or before the effective date of a franchise granted hereunder, and as a condition precedent to the effectiveness of the franchise, the Provider shall deposit with the City Finance Director a surety bond in the amount of $50,000, payable to the City and securing the payment of repair or maintenance costs incurred as a result of any defects, impaim~ents, or substandard condition in the Public Rights-of-Way caused by the work of the Provider or resulting from Provider's activities in the Public Rights-of-Way. The required surety bond must be with good and sufficient sureties, issued by a surety company authorized to transact business in the state, and satisfactory to the City Attorney in form and substance. (e) No provisions of this Ordinance shall be construed to prohibit City from imposing inspection or permitting charges and fees for excavation, maintenance and restoration projects by Page 10 Provider, and requiring adequate security therefor, to assure appropriate planning, construction, inspection, completion and restoration of such projects. (f) Engineering plans for those projects involving significant construction in Public Rights-of-Way shall be submitted to the City for approval no later than thirty (30) calendar days prior to the commencement of construction, which approval shall not be unreasonably withheld or delayed by the City. (g) Except for emergency repairs or emergency paving cuts, a permit shall be obtained from the City prior to the initiation of any construction, repair, replacement, paving cuts, or other excavation within Public Rights-of-Way. All reasonably practical alternatives to making paving cuts will be required before paving cuts will be permitted. In addition to any other permit requirement, the Provider shall submit a plan that provides for compliance with all federal, state, and City requirements, including, but not limited to, construction and restoration standards, stormwater quality regulations, traffic control regulations, and the Texas Professional Engineering Practices Act. Any plans submitted shall be detailed to the satisfaction of the City's Director of Engineering and Transportation. If any work is to be done by an independent contractor or subcontractor, the Provider must identify, in writing, that contractor and any subcontractors to the City before a permit is issued. For the permit, the City may require information as necessary so that adequate notification, communication, and points of contact for the Provider or its contractor may be established. (h) In the event Provider undertakes emergency repairs, excavations, or paving cuts for which a permit has not been obtained that result in any disruptions to the public's or the City's use of Public Rights-of-Way, the Provider shall deliver notice to the City of such repairs, excavations, or paving cuts no later than the end of the next working day following initiation of the work. In the event such emergency repairs, excavations, or paving cuts are required on an Page 11 arterial street during peak traffic periods, i.e., 7-9 a.m. or 4-6 p.m. Monday through Friday, the Provider shall verbally notify the Denton Police Department at the time of commencement of such work. (i) Erosion and sedimentation during construction or repair work shall be controlled in accordance with the ordinances and regulations of the City generally applicable to excavations within the City, as amended or revised from time to time. Permanent erosion control shall be required upon completion of all work. Effective environmental and pollution control measures shall be maintained in accordance with City, State, and Federal requirements. (j) When Provider shall make or cause to be made excavations or shall place obstructions in any Public Rights-of-Way, the Provider shall place, erect, and maintain barriers and lights to identify the location of such excavations or obstructions, consistent with the Manual of Uniform Traffic Control Devices, and as further directed by the City and the Texas Department of Transportation. (k) Work done in the Public Rights-of-Way shall be planned and executed to minimize time of construction and disruption to traffic and the general public. The work site must be rendered safe to traffic and the general public in accordance with nomial utility practice prior to workers leaving the site each day. Once started, work must proceed without interruption to completion, including restoration and clean-up. (1) Except for emergencies as determined by the Provider or under special cimumstances as determined by the City's Director of Engineering and Transportation, work hours for work in the Public Rights-of-Way will be 8 a.m. to 5 p.m. or darkness, whichever occurs first, for all areas other than along major thoroughfares. Work on or along major thoroughfares will be limited to the hours of 9 a.m. to 4 p.m. unless otherwise specifically permitted by the City. Page 12 (m) Provider shall have the authority to trim trees upon and overhanging Public Rights-of-Way (including sidewalks and driveways), after providing written notice to affected customers, so as to prevent the branches of the trees from coming into contact with the wires and cables of the Provider, provided that all trimming is done in compliance with the National Electric Safety Code and City Code provisions, and at no expense to the City. (n) The City shall have the right to deny a permit for any proposed new or additional facilities within the Public Rights-of-Way if it determines there is insufficient space to accommodate the facilities, or if the Provider, or its subcontractors, are not in compliance with existing City ordinances and standards or previously issued permits. (o) Provider and City may agree that City shall perform paving cuts, excavation, or other construction or repairs in the Public Rights-of-Way on behalf of Provider, at such reasonable price and upon such reasonable terms as Provider and City may agree. In the event of such agreement, then with respect to the work to be done by City pursuant to that agreement, the provisions of this Section shall not apply to Provider. Section 26-245: Joint use of poles, trenches, and conduits. (a) In order to reduce the number of poles and to avoid public safety concerns and visual clutter, the Provider may be required to attach its wires to poles owned and maintained by another Person, or to permit the wires of another public utility to be attached to the poles owned and maintained by the Provider, upon reasonable terms and for just compensation for any additional facilities of Provider that may be required. (b) In the event that Provider and such other public utility are unable to agree on terms and compensation, or if same are not otherwise resolved or determined within a reasonable time, then disputes arising under this Section shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be Page 13 by a panel of three arbitrators: one selected by the Provider, one selected by the other public utility, and one experienced in the matters at issue and selected by the Provider and the other public utility in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding as to any matters submitted under this Section. All costs and expenses incurred in connection with any such arbitration proceeding (including reasonable attorneys' fees) shall be borne by the party against which the decision is rendered, or, if no decision is rendered, such costs and expenses shall be borne equally by the Provider and the other public utility. If the arbitrator's decision is a compromise, the determination of which party or parties bears the costs and expenses incurred in connection with any such arbitration proceeding shall be made by the arbitrator on the basis of the arbitrator's assessment of the relative merits of each party's position. The parties shall instruct the arbitrator to render its decision no later than ninety (90) calendar days after submission of the dispute. (c) The Provider may require such other public utility to furnish evidence of adequate insurance and provide indemnification covering the Provider, and adequate bonds covering the performance of such other public utility attaching to the Provider's poles, as a condition precedent to giving permission to such other public utility to attach wires to Provider's poles. Provider's requirements for such insurance and indemnity must be reasonable. (d) Provider shall not be required to attach its wires to the poles of another public utility or to permit the wires of another public utility to be attached to Provider's poles if it can be satisfactorily shown: (i) that Provider will be subjected to increased risks of interruption of service or liability for accidents; Page 14 (ii) the poles, wires, and appurtenances of such other public utility are not of the character, design, or construction required by, or are not being maintained in accordance with modem electric utility practice; or (iii) sufficient clearance or space is not available on the pole. Wires shall be located on poles in compliance with applicable safety standards and shall not interfere with the erection, replacement, operation, repair, or maintenance of the wires and appurtenances of any other public utility occupying the poles. (e) Provider's distribution feeder lines may be constructed as overhead lines, but such lines shall be designed and constructed in an "armless" manner, to the extent such design and construction is technically feasible, with no more than two (2) such lines per Right-of-Way. "Armless" type construction means cross-arms up to four (4) feet in length phase to phase, or two (2) feet in length pole to phase. (f) Provider may be required by the City to share trench space with another public utility for the placement of cables, wires, or ducts underground. Compensation to the Provider as well as the terms of sharing trench space shall be resolved as provided for in subsection (a) of this Section. Also, Provider may require insurance and indemnification, as provided in subsection (a) of this Section. Duets, cables, or wires shall be placed in trenches in compliance with applicable safety standards and in a manner that does not interfere with Provider's cables or wires, as provided in subsection (b) of this Section. (e) Nothing herein shall modify or abrogate the power of the City to require any holder of a franchise from the City to allow use of its facilities by any other holder of a City fxanchise under Article XIII of the City Charter. Page 15 Section 26-246: Conformance with public improvements. Whenever, by reason of any changes, without limitation, of any street, sidewalk, curb, alley, highway or public way, or in the location or manner of constructing any water or wastewater pipe, gas pipe, storm sewer, or other underground or overhead structure for any governmental purpose whatsoever, other than siting of competitive electric facilities owned by the City, it shall be deemed necessary by the City to remove, alter, change, adapt, or conform the underground or overhead facilities of Provider located in the Public Right-of-Way, such alterations or changes shall be made as soon as practicable by Provider when ordered in writing by the City, without claim for reimbursement or damages against the City. Provided, however, if said requirements impose a financial hardship upon the Provider, the Provider shall have the right to present alternative proposals for the City's consideration. The City shall not require Provider to remove its facilities entirely f~om a street, sidewalk, curb, alley, highway, or public way unless suitable altematives are available for relocation of its facilities. Section 26-247: Provider to maintain and file maps and assist in determining Provider's use of Public Rights-of-Way. (a) The Provider shall cooperate with the City at all times by providing timely and complete information regarding the location of its conduits, poles and facilities, along with such maps, plats, construction documents and drawings as may exist or as may be created from time to time. Provider and City shall cooperate and coordinate their efforts to make the most efficient and economical use of their respective facilities. The Provider shall at all times keep on file in the office of the City's Director of Engineering and Transportation ("Director"), a current map, in a digital format compatible with the City's Geographic Information System ("G.I.S."), of the Provider's Electric Utility System within the City. As extensions or modifications of facilities are made from time to time, the Provider shall periodically file with the Director updated digital Page 16 maps showing those extensions or modifications so that the City will have current and accurate information regarding the location and characteristics of the System. The digital information shall include the location of the facilities comprising the Systems, and all other information maintained by the Provider pertaining to the City's administration of the franchise, including the depth of any buried transmission or distribution lines, to the extent such infom~ation exists. If such information is not available in digital format, a hard copy shall be provided. A hard copy of the digital maps may be requested by the City and shall be provided by the Provider if so requested. (b) The City will use the information provided by Providers pursuant to this Section only for the purposes of protection and management of the Public Rights-of-Way. The data base provided by Provider in its entirety will be treated as competitive information and will not be disclosed in whole or in part, except that portions of such data may be provided to third parties as necessary for efficient management of the Public Rights-of-Way. Section 26-248: Work by others. (a) The City reserves the right to lay, and permit to be laid, storm sewer, gas, water, wastewater and other pipelines, cables, and conduits, and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under the Public Rights-of-Way occupied by the Provider. The City also reserves the right to change, in any manner, any curb, sidewalk, highway, alley, public way or street. In permitting such work to be done, the City shall not be liable to the Provider for any damage so occasioned, but nothing herein shall relieve any other Person from responsibility for damages to the facilities of Provider. (b) In the event that the governing body of the City authorizes someone other than the Provider to occupy space under the surface of the Public Rights-of-Way, such grant shall be subject to the rights herein granted or heretofore obtained by the Provider. In the event that the Page 17 governing body of the City shall close or abandon any Public Right-of-Way that contains existing facilities of the Provider, any conveyance of land within such closed or abandoned Public Right-of-Way shall be subject to the rights herein granted or heretofore obtained by Provider. Provided, however, that the Provider may be ordered to vacate any land so conveyed, if an alternate route is practicable, and if the Provider is reimbursed by the Person to whom the property is conveyed for the reasonable costs of removal and relocation of its facilities. (c) If the City shall require Provider to adapt or conform its Electric Utility System, or in any way or manner to alter, relocate, or change its property to enable any other Person to use, or use with greater convenience, said Public Right-of-Way, Provider shall not be bound to make any such changes until such other Person (except the City) shall have undertaken, with good and sufficient bond, to reimburse the Provider for any cost, loss, or expense which will be caused by, or arise out of such change, alteration, or relocation of Provider's property. Provided, however, that the City shall never be liable for such reimbursement due to Provider from such Person. Section 26-249: Accounting; audit; inspection. (a) The Provider shall maintain, at its local office or principal place of business within the State, adequate books and records relating to the performance of its obligations under this Ordinance and its franchise. The Provider shall maintain its books and records in a form and with coding sufficient to identify its Gross Revenues through December 31, 2001 and, beginning on January 1, 2002 and to the extent such information is available to Provider under applicable regulatory provisions, the number of kWh of electricity delivered by the Provider to each retail customer whose consuming point of delivery is located within the City, intending thereby to separately identify these relevant records of its System in the City in order to facilitate the City's review of the fi'anchise fee payments. The records of the Provider applicable to its performance Page 18 under this Ordinance and its franchise shall be made available upon not less than ten (10) working days notice for inspection by the City at any time during normal working hours, subject and regulatory provisions regarding the confidentiality of customer-specific to statutory information. (b) City may cause, upon reasonable written notice, an audit to be made of the books and records of Provider relating to Provider's performance under this Ordinance and its franchise. The omission by the City to exercise its rights to any audit at any time shall not constitute a waiver of such right. City shall have the right to select auditors to make the audit. Provider shall make available to the auditor personnel and such records as are relevant to such audit, and shall make no charge to the City therefor. Provider shall assist the City during any audit conducted under this Ordinance, including answering questions and providing any requested records or information. Provider shall endeavor to provide requested records or information within twenty-one (21) calendar days of having received a written request therefor. If the Provider cannot so provide such records and information, then on or before such twenty- first day after receiving the request therefor, the Provider shall notify the City or its representative that the requested records and information will be made available within an additional fourteen (14) calendar days, and the information and records shall be so provided. The cost of an audit pursuant to this provision shall be borne by the City, unless the audit reveals an underpayment of fees in excess of two percent (2%), in which case the Provider shall pay for the audit. (c) Upon request by the City, but no less than annually, the Provider will prepare a statement of its estimate of Provider's Gross Revenue and the number of kWh to be delivered in the City for the period covered by the statement signed by an authorized representative of the Provider, in such reasonable form and detail as City may from time to time prescribe, sufficient Page 19 to show the source and method of calculation of Provider's Gross Revenue. The acceptance of any statement or payment shall not estop the City from asserting that the amount paid is not the amount due or from recovering any deficit by any lawful proceeding, including interest. (d) In the event the Provider shall be determined to have under-remitted the fee required by this Ordinance, the Provider shall pay, in addition to the underpayments, interest on the underpayments at the rate often percent (10%) per annum from the time of the underpayment until payment is made. In the event of underpayment of fees, the Provider shall also pay to the City ten percent (10%) of the total underpayment as a penalty for noncompliance with this Ordinance. Any penalty of less than One Hundred Dollars ($100.00) shall be waived as a de minirnus violation. Section 26-250. Penalties. (a) For the violation of any of the following provisions of this Ordinance or of its franchise, penalties shall be paid by Provider to the City within fifteen (15) calendar days of written notice of assessment by the City, in addition to any other rights or remedies which the City may have at law or in equity: (i) For failure to complete construction in accordance with agreed plans, unless the City specifically approves the delay, Provider shall pay a penalty of One Hundred Dollars ($100.00) per day for each day that the failure continues; or (ii) For failure to provide data, documents, reports, or information required to be furnished hereunder to the City, or to reasonably cooperate with the City during an audit required under the terms hereunder, Provider shall pay a penalty of One Hundred Dollars ($100.00) per day for each day the violation occurs or continues; or Page 20 (iii) For failure to comply with any financial obligation required herein, Provider shall pay a penalty of One Hundred Fifty Dollars ($150.00) per day for each day that such noncompliance continues; or (iv) Commencing ten (10) calendar days following the adoption of a resolution or an ordinance of the City that finds and determines a failure of Provider to comply with operational or maintenance standards as required by this Ordinance, Provider shall pay a penalty of One Hundred Fifty Dollars ($150.00) per day for each day that such noncompliance continues. (b) Prior to imposing a penalty under subparagraphs (i) through (iii) above and/or adopting a resolution under subparagraph (iv) above, the City shall give the Provider written notice and a period to cure, not to exceed five (5) working days. If the Provider fails to cure the alleged problems within the prescribed time period, the Provider's alleged failure to comply shall be heard at a public meeting of the City Council. The Provider shall be given written notice of the public meeting no later than five (5) calendar days prior to the posting date of the agenda for the City Council meeting at which such resolution is scheduled to be considered by the Council. The notice to the Provider shall include a list of the failures complained of. Provider shall have an oppommity to address the Council at such public meeting. Section 26-251: Forfeiture and termination. (a) In addition to all other rights and powers retained by the City under this Ordinance or otherwise, the City reserves the right to forfeit and temfinate a franchise granted pursuant to the provisions hereof and all rights and privileges of the Provider hereunder, in the event of an uncorrected material breach of its terms and conditions. A material breach by Provider for purposes of this Section, shall include, but shall not be limited to the following: Page 21 (i) Violation of any material provision of this Ordinance or a franchise granted hereunder, or any rule, order, regulation or detemfination of the City made pursuant to this Ordinance that is not cured or corrected in accordance with the provisions of this Ordinance; or (ii) An attempt by Provider to evade any provision of this Ordinance or its franchise, or to practice any fraud or deceit upon the City or its residents. (b) The foregoing matters described in paragraph (a) above shall not constitute a material breach of this Ordinance if the violation occurs without fault of the Provider, or occurs as a result of circumstances beyond Provider's control which could not have been avoided as a result of the exemise of reasonable care. Provider shall not be excused by mere economic hardship, or by the misfeasance or malfeasance of its directors, officers, agents, or employees. (c) The City shall make a written demand that the Provider comply with any such provision, rule, order, or detennination under or pursuant to this Ordinance or its franchise. If the violation by the Provider continues for a period of thirty (30) calendar days following such written demand, without the City receiving written proof and substantiation from Provider that the required corrective action has been taken, or is being actively and expeditiously pursued, the City may take under consideration the issue of termination of the franchise of Provider. The City shall set a hearing, and shall cause to be served upon Provider, at least fifteen (15) calendar days prior to the date of such hearing, a written notice of intent to request such temfination and the time and place of the hearing. Public notice shall be given of the hearing and the issue or issues which the City is to consider. At said hearing, the governing body of the City shall hear and consider the issue or issues and shall hear any person interested therein. At said hearing, the governing body of the City shall determine, in its sole discretion, whether or not any uncorrected violation by the Provider still exists. Page 22 (d) If the City shall determine that an uncorrected material violation by the Provider still exists, and was the fault of the Provider, and within its control, and could have been avoided with the exercise of reasonable care, the City may declare the franchise of the Provider forfeited and terminated; or in the alternative, the Council may grant to Provider a further period of time to cure the violation. (e) The failure of the City to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Ordinance shall not be construed as a waiver or relinquishment for the furore of any such temi or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by the City unless said waiver or relinquishment is in writing and signed by the City. Section 26-252: Other legal remedies. (a) Nothing herein contained shall limit or restrict any legal rights that the City may possess arising from any alleged violation of this Ordinance or its franchise by Provider. The City retains all other rights, both legal and equitable, to which it is entitled under the law. (b) Nothing herein contained shall limit the Provider's fight to appeal a determination, act, or order of the City as provided for by the Constitution and laws of the State of Texas, including the Public Utility Regulatory Act of Texas, as amended, or its successor statute. Section 26-253: Legal capacity of provider. The Provider shall be a legal entity with legal capacity to operate, construct, reconstruct, and maintain an electric transmission and distribution system in the City in its properly certificated service area. Page 23 Section 26-254: Governmental immunity. All of the provisions contained in this Ordinance are hereby declared to be for a public purpose, and are in the interests of the health, safety, and welfare of the general public. Any member of the governing body of the City, or City official or employee charged with the enforcement of this Ordinance, acting for or on behalf of the City in the discharge of his or her official duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from any and all personal liability for any damage that might accrue to any person or property as a result of any act required or permitted in the discharge of his or her said duties. Section 26-255: Insurance. Provider will insure against all the risks undertaken pursuant to its franchise, including the indemnification required in the franchise. Such insurance may be in the form of self- insurance to the extent permitted by applicable law, under a Provider-approved formal plan of self-insurance maintained in accordance with sound accounting and risk-management practices. Such insurance coverage or plan of self-insurance is subject to the approval of the Risk Manager of the City, whose approval shall not be unreasonably withheld or delayed. A certificate of insurance shall be provided to the City annually, no later than October 1 for each year during the term of Provider's franchise, evidencing such coverage, and additionally within thirty (30) calendar days of any substantial change in the nature of its coverage under this Section. Should Provider elect to self-insure, its annual notice to the City shall contain information clearly identifying the process for filing a claim against such coverage. Section 26-256: Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or the application thereof to any person or circumstances is held invalid by any court of Page 24 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 of this Ordinance despite any such invalidity. SECTION 3: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by law. SECTION 4: That this Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage; and it is accordingly SO ORDAINED. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR By:. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: [ ~ , S:\Our Documents\ordinances\00\Electri¢ ROW and Regulatory Ordinance 012600.doc Page 25 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Solid Waste Howard Martin, 349-8232j~ NO. ~enda Ire Oate SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID 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(a); AMENDING SECTION 24- 6(b) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO USE THAT SOLID WASTE CONTAINER; ADDING A NEW SECTION 24-13 TO ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE CONTAINERS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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 7, 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, and the committee also consisted 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 meetings 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 enforcement of the existing regulations and has made several other recommendations discussed below. Aggressive enforcement 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 C:\WINDOWS\TEMP\Feb I Cl.doc tenants on proper handling and disposal of solid waste, and some have placed specific instructions to their residents regarding 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. Several apartment managers 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 individual's 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. Them 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 locations had items out when the contractor arrived on site and 184 billings were mailed totaling C:\WINDOWS~TEMP\Feb I CC Item.doc $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. Respectfully submitted: Charles S. Watkins Director of Solid Waste Exhibits: Ordinance Bulleted Summary Advertising Schedule C:\WINDOWS\TEMP\Feb 1 CC Item.doc F:~SHARED~DEPT~LGL\Our Documents\Ordinances\OO~Bulky Items Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID 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(a); AMENDING SECTION 24- 6(b) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO USE THAT SOLID WASTE CONTAINER; ADDING A NEW SECTION 24-13 TO ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE CONTAINERS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That Section 24-5(a) of the Code of Ordinances shall be amended to read as follows: Sec. 24-5. Disposal of garbage, trash or rubbish only in authorized locations. (a) It shall be unlawful for any person to dispose of garbage, trash or rubbish in any place in the city, other than as provided in this chapter or authorized by the city. No person shall place any solid waste, bulky items or any other material 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 for the solid waste collection service. SECTION 2. That Section 24-6(a) and (b) of the Code of Ordinances' shall be amended to read as follows: Sec. 24-6. Receptacle for trash and rubbish. (a) Every owner, manager, agent, occupant, tenant, or lessee of any building, house, or structure within the corporate 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. (b) 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 a 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. The defense does not apply if the person placing the bulky' item 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. (a) If bulky items are left next to, in, on, or near a solid waste container in violation of Section 24-6(b) or 24-6(c), then a forty -five dollar fee for the removal of the first bulky item shall be charged to the person who pays the fee for the solid waste container. For each additional bulky item removed, a ten dollar fee per item shall be assessed unless the bulky item is an appliance containing chlorinated fluorocarbons (hereinafter referred to as cfc's) or polychlorinated biphenals (hereinafter referred to as pcb's). If the bulky item is an appliance containing cfc's or pcb's, the fee shall be twenty dollars per appliance. 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 exceeds eight cubic yards. (c) If more than eight cubic yards of solid waste are left in, on, or near a solid waste container in violation of Section 24-6(a) or 24-6(b) the solid waste department shall provide written notice to the person who pays the fee for the solid waste container requiring the person to lease appropriate equipment as specified by the solid waste department and provide for the removal of the solid waste. (d) It is unlawful for a person receiving notice to remove solid waste under Section 24-13(c) to fail to have all the solid waste removed within forty-eight hours of the notice. (e) Up to eight bulky items per month will be picked up without any charge if the bulky items are left by the solid waste container less than 48 hours before the first Thursday of each month 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 fine not to exceed Five Hundred Dollars ($500.00). SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Denton 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. SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the 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. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: COMMERCIAL BULKY ITEMS/TRASH REQUIREMENTS Up to eight (8) bulky items collected for no charge (appliances without CFC's/PCB's will be considered as bulky items). Eliminates the charge for appliances not containing CFC's/PCB's. Establishes $20 fee for appliances with CFC's/PCB's. Establishes fees for collection of non-compliant bulky items set outs or trash around dumpsters. Unlawful to place bulky items for collection unless within 48-hours of scheduled monthly collection. Bulky item collection moves to first Thursday of each month. Dumpsters should be moved off curb where feasible (even if a parking space is sacrificed). Ordinance changes Policy changes \\SVC-UTIL\VOLl~shared\dept',Solid Waste\CCInfo\COMMERCIAL BULKY ITEMS For CC 012500.doe Memo To~ From: Re:. Chartie Watkins, Director of Solid Waste KJersten Dieterle, Utilities Communication Coordinator 11/30/@9 Bulky item education plan The following is a brief outline of the educational efforts tbr the bulk2,' item ordinance changes. 1) Denton Record-Chronicle and Denton Business and Communi~' News press coverage of changes and enforcement date 2) Letter to all commercial customers outlining ordinance changes, reasoning and effective dates 3) Direct mail color post card reminder to all businesses about changes and dates 4) Update of Commercial Customer handbook 5) Placement of Commemial Customer handbook on city web site 6) Notice of changes in Chamber of Commerce monthly publication ** The Residential Customer brochure mentions that residential customers can set bulky items out or take them to the landfill, how to handle appliances, and theft ofsemce. These are going out in November's utility, bills. · Page 1 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 1, 2000 Solid Waste Howard Martin, 349-8232 A0enda No.., ~-~) 7 noenda ~tem,,, ~,~ ~ Date ~'7/ I/0 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 99-294, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING FOR AN AMENDMENT TO THAT PART OF THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWR) AND FOR AN AMENDMENT TO THAT PART OF THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWC) RESPECTING THE CHARGE FOR COLLECTION OF APPLIANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 du_mpsters 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 7, 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, and the committee also consisted 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 meetings 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 enforcement of the existing regulations and has made several other recommendations discussed below. Aggressive enforcement 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 regarding the dumpster. Many have increased the level of service to ensure that there is adequate space available to accommodate their tenants solid waste, while C:\WINDOWS\TEMP~Feb 1 CC Item2.doc others have decided to absorb the cost associated with a lower profile dumpster which is easier for the tenants to use. Several apartment managers 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 individual's 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 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 C:\WINDOWS\TEMP~Feb I CC Item2.doc 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. Respectfully submitted: Charles S. Watkins Director of Solid Waste Exhibits: Rate Ordinance Bulleted Summary Advertising Schedule C:\W1NDOWS\TEMP\Fcb 1 CC Item2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 99-294, AS AUTHORIZED BY cHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING FOR AN AMENDMENT TO THAT PART OF THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWR) AND FOR AN AMENDMENT TO THAT PART OF THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWC) RESPECTING THE CHARGE FOR COLLECTION OF APPLIANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 7th day of September, 1999, the City Council passed and approved Ordinance No. 99-294 which established the City's Solid Waste Department service rates for the fiscal year beginning October 1, 1999; and WHEREAS, the Residential Solid Waste Collection Service Schedule (SWR), was attached to and made a part of said Ordinance, and in pertinent part provided under "Other Charges" that: "The charge for the collection of appliances is $10.00 per appliance"; and WHEREAS, the Commercial and Institutional Solid Waste Collection Service Schedule (SWC), was attached to and made a part of said Ordinance, and in pertinent part provided under "Other Charges" that: "The charge for the collection of appliances is $10.00 per item"; and WHEREAS, the City Council has received information and recommendations from Staff regarding rate structure and related issues regarding the Solid Waste Department service respecting the collection of appliances as well as the collection of appliances containing the hazardous substances commonly referred to as "CFC's" [Chlorofluorocarbons] and "PCB's," [Polychlorinated Biphenyls] from both residential and commercial Solid Waste Department customers; and WHEREAS, the City Council has determined that it is appropriate and in the public interest that the above and foregoing Solid Waste Department rates respecting the collection of appliances should be amended to read as follows: Schedule SWR shall hereafter instead provide that: "The charge for the collection of appliances containing CFC's or PCB's is $20.00 per appliance." Schedule SWC shall hereafter instead provide that: "The charge for the collection of appliances containing CFC's or PCB's is $20.00 per appliance;" NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Schedule of Rates for Solid Waste Department service as provided for in Chapter 24 of the Code of Ordinances of the City of Denton, Texas, and as provided for in · Ordinance No. 99-294,'is hereby amended, only to the extem specifically recited in the preamble to this ordinance. SECTI°N 2. That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 3. 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 4. 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 5. That this ordinance shall become effective, charged, and applied to all applicable solid waste services rendered on and after February 1, 2000;. and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the day of ~ 2000. JACK MII,LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F:~hared\depfiLOL\Our Documents\Ordinances\00~olid Waste Rate Ord Amend (Appliances) 2-2000.doc PAGE 2 COMMERCIAL BULKY ITEMS/TRASH REQUIREMENTS Up to eight (8) bulky items collected for no charge (appliances without CFC's/PCB's will be considered as bulky items). Eliminates the charge for appliances not containing CFC's/PCB's. Establishes $20 fee for appliances with CFC's/PCB's. Establishes fees for collection of non-compliant bulky items set outs or trash around dumpsters. Unlawful to place bulky items for collection unless within 48-hours of scheduled monthly collection. Bulky item collection moves to first Thursday of each month. Dumpsters should be moved off curb where feasible (even if a parking space is sacrificed). Ordinance changes Policy changes F:Xshared\deptXSolid Waste\CCInfo\COMMERCIAL BULKY ITEMS For CC 012500.doc Memo To~ Charlie Watkins, Director of Solid Waste KJersten Dietede, Utilities Communication Coordinator 11/30/99 Bulky item education plan The follov, mg is a brief outline of the educational efforts tbr the bulk)' item ordinance changes. I ) Denton Record-Chronicle and Denton Business and Community News press coverage of changes and enforcement date 2) Letter to all commercial customers outlining ordinance changes, reasoning and effective dates 3) Direct mail color post card reminder to all businesses about changes and dates 4) Update of Commercial Customer handbook 5) Placement of Commercial Customer handbook on city web site 6) Notice of changes in Chamber of Commerce monthly publication ** The Residential Customer brochure mentions that residential customers can set bulky items out or take them to the landfill, how to handle appliances, and theft of service. These are going out in November's utility bills. · Page 1 AGENDA INFORMATION SHEET Agenda No, & 0 -, 00'7 Agenda Item ~ Date ,~t ../- O o AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 1, 2000 Planning & Developmen~/ Dave Hill, 349-8314~k~ SUBJECT Hold two public hearings and consider the following actions to initiate implementation of the Fry Street Small Area Plan: Consider approval of the resolution amending the Fry Street Small Area Plan off-street parking recommendation to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area. The adopted plan recommends the creation of a special zoning district that eliminates off- street parking requirements. Hold a public hearing and consider adoption of an ordinance amending Chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street Overlay Zoning District" and 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, as amended said map applying to 12.42 acres of land as is more particularly described herein, to provide for the creation of a special zoning overlay district in accordance with the provisions of the Code of Ordinances; said district to be known as the Fry Street District; providing for a penalty in the maximum amount of $2000.00 for violation thereof; providing a severability clause and providing for'an effective date. Co 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, by adding Article IV "Possession of open glass containers in Fry Street District"; providing a severability clause; providing a penalty in the maximum amount of $500.00 for violations thereof; and providing an effective date. BACKGROUND The Fry Street Small Area Plan was adopted by City Council on June 15, 1999. The plan provides a number of recommendations and strategies to address the physical and social concerns identified by Fry Street area stakeholders. The plan recommendations include: ra Egtabligh a public private partnership between the City; the Fry Street area merchants, property owners and stakeholders; and the University of North Texas. Specifically, the public-private partnership includes: · A CIP funding recommendation of $250,000 to make street, sidewalk and other traffic related improvements in the Fry Street area that is contingent upon area ae property owners and merchants creating a Fry Street Public Improvement District (FSPID). · Create a Fry Street Public Improvement District to generate limited proceeds that will help finance needed public improvements in the Fry Street area that are above and beyond the basic level of services provided by the City. 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. Off-street parking requirements for non-residential development A significant concern regarding the Zoning Overlay District involves off-street parking requirements. The plan recommends thc elimination and exemption of non-residential development from the provision of off-street parking with the establishment of density requirements for massing, height, building coverage and floor to area ratios (FARs). The plan approved on June 15, 1999 by City Council contains the following recommendations related to off-street parking regulations: Exempt all non-residential development from the provision of off-street parking requirements with the following provisions: Allowable building coverage: 100% Allowable FAR: 2:1 Height Restriction: 3 stories (not to exceed 45') Due to concerns regarding eliminating parking in the area and how it adversely impacts the surrounding residential areas, the following revision to the above recommendation is provided: As an interim measure to be reevaluated by City Council at a later date, reduce the off-street parking requirements to 1:400 with the following provisions: Allowable building coverage: 100% Allowable FAR: 2:1 Height Restriction: 3 stories (not to exceed 45') Specific wording changes to the parking recommendation included throughout the plan are provided as an attachment to this report. Fry Street Zoning Overlay District The Fry Street Zoning Overlay District is intended to consolidate zoning regulations; relax the current off-street parking requirements to increase expansion and redevelopment opportunities while establishing consistent parking regulations, restricting area and height so that new development and redevelopment remains consistent with existing development; address litter and beautification aesthetics by removing solid waste containers off the streets and sidewalks to more centralized locations, while screening the containers; and provide for consistent and uniform signage in the area. The physical appearance, area aesthetics and the condition of facilities and streets in the Fry Street area are among the most frequent items of concern noted by area stakeholders during the public participation process. Many area residents are sensitive about perceptions of the community as one of crime, transience and disinvestment. There is widespread belief that future investments will be suppressed by such stigmas. The Fry Street Zoning Overlay District is designed to aid in revitalization that is compatible with and will serve to enhance the character of the Fry Street area and to remove such stigmas. Glass Containers A revitalization goal included maintaining a litter and trash free environment in the Fry Street area in an effort to promote a more positive image and identity. According to area stakeholders, the proliferation of litter in the Fry Street area aids in fueling negative stigmas associated with the Fry Street area. Of particular concern is the prevention and elimination of litter by glass containers and injury from broken glass containers. A glass container ordinance prohibiting the possession of open glass containers in the Fry Street District is recommended. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 26, 1999 - City Council Work Session. Council members received a report and held a discussion regarding the implementation of the Fry Street Small Area plan, including the creation of a Fry Street Zoning Overlay District. Council members directed staff to characterize the relationship of eliminating parking in the area as it affects the surrounding residential areas and identify additional scenarios of parking at different ratios and the affect of these alternatives on the merchants and property owners expansion and redevelopment opportunities. November 9, 1999 - City Council Work Session. Council members received a report and held a discussion regarding the Fry Street Zoning Overlay District and the parking alternatives at different parking ratios. Council members directed staffto conduct one additional stakeholder meeting to present the Fry Street Small Area Plan, its recommendations, the Zoning Overlay District regulations, specifically the proposed off-street parking options and to present the results of the meeting to Council at another work session. December 12, 1999 - City Council Work Session. Council members received a report and held a discussion regarding implementation of the Fry Street Small Area Plan, specifically the creation of a Fry Street Zoning Overlay District. Staffpresented to Council members the results of the Fry Street area stakeholder meeting held on December 6, 1999. Council members directed staff to initiate a zoning amendment process to create a Fry Street Zoning Overlay District to reduce all off-street parking requirements to 1:400; determine the location and consolidation of solid waste containers; and to amend the sign regulations for District. January 12, 2000 - The Planning and Zoning Commission held a public hearing to consider making a recommendation to the City Council regarding the creation of a Fry Street Zoning Overlay District. FISCAL INFORMATION Implementation of the plan requires both short-term and long-term public improvements that will primarily be the responsibility of the City. Area enhancements will require a financial commitment of $200,000-$280,000. P & Z RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of the Ordinance amending Chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street Overlay Zoning District" and amending the zoning map of the City of Denton. RECOMMENDATION Implement the Fry Street Small Area Plan by enacting the following actions separately: ao Approve the resolution amending the Fry Street Small Area Plan's recommended off- street parking requirements to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area, while keeping all other provisions the same as provided in Attachment 2 of this report. Adopt the Ordinance amending chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street Overlay Zoning District" as provided in Attachment 3 of this report. Adopt the 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" as presented in Attachment 4 of this report. ATTACHMENTS 1. Resolution adopting the "Fry Street Small Area Plan for Recommendations and Implementation Actions for Area Improvements" 2. Resolution amending the Fry Street Small Area Plan off-street parking recommendation 3. Ordinance amending chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street Overlay Zoning District" 4. 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" Respectfully submitted: Douglas S.[Pox~e-ll, Planning and Development Director Prepared by: Dedra Denre Ragland, AIC1b 0 Small Area Planning Manager RESOLUTION A RESOLUTION ADOPTING THE FRY STREET SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS. FOR AREA IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. ATTACHMENT 1 WHEREAS, the City of Denton is formulating 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 gu!de 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 future decision-making and case-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 day of June , 1999. JAC~.~ E/LER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATT~, RNEY RESOLUTION NO. A RESOLUTION AMENDING THE FRY STREET SMALL AREA PLAN FOR OFF- STREET PARKING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has formulated a new comprehensive plan to be adopted by the City Council; and WHEREAS, the Comprehensive Plan sets a framework for planning and strategy development for the entire City of Denton, and a small area plan, through the Small Area Plam~ing Program, supplements 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 City Council adopted the Fry Street Small Area Plan as the first in a series of specific community plans to build on the work of the comprehensive plan on June 15, 1999; 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 future decision making and case-by- case development of the Fry Street area; and WHEREAS, through additional review with Fry Street area residents, business owners, other area stakeholders and City Council have agreed that the off-street parking recommendation will be revised to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area, while keeping all other provisions the same as provided in Exhibit A; 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the Denton City Council amend the Fry Street Small Area Plan off- street parking recommendations as adopted by Resolution 99-025 as provided in Exhibit A which is attached to and made a part of this ordinance for all purposes. SECTION 2. That save and except as amended hereby the remaining sections, sentences and clauses of the Fry Street Small Area Plan and Resolution 99-025 shall remain in full force and effect. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: Page 2 of 2 EXHIBIT A Fry Street Small Area Plan ZOning Overlay District Recommendation Amendments The Fry Street Small Area Plan: page 50 These spaces could be made available to tenants wishing to convert existing structures for uses other than those for which they currently qualify as a legally non-conforming use. Spaces could also be used for a limited amount of new construction. However, the Building Inspections Division would review any new construction that would cause a net loss of available parking in the area on a case by case basis. This option does not change the fact that two major property owners control the majority of the available parking in the Fry Street area. It also does not address the problems with variances, illegally non-conforming uses, and legally non-conforming uses. or b. A Fry Street Zoning District is created (PT-4/PT-5) and all parking requirements in the Fry Street area, as an interim measnre to be reevaluated at a later date by City Council will be rednced to 1 off-street parking space per 400 sq. ft. of floor area for all nonresidential nses criminated and -'~-~:" ...... : ........~u~' .... ,,...:" '-~,~ ~,~'~'~"~-~. . . Density recommendation: Massing guidelines and Floor to Area (FAR) minimums for new and existing construction will be developed. Anyone attempting to rezone properties outside the established Fry Street Area boundary for purposes of expanding the district will be subject to denial by the Board of Zoning Appeals and the City Council A ...... :~,:-, ...... · ........ ~ ~-~ ....... ,~,~ ......... will allow for the expansion of existing businesses v ........ j ~d pave the way for redevelopment in the area. A F~ Street Zoning Overlay District will also minimize criminate the problems with variances, illegally non-confo~ing uses, and legally non-confo~ing uses. Also, by setting density restrictions, the likelihood of uncontrolled growth in the area is lessened. As is the case with the first option, the Building Inspections Division would review any new construction in the F~ Street area on a case by case basis. or c. Set "area wide" parking requirements and treat the Fry Street area as a single business entity in relation to parking. This option would determine parking requirements for the entire Fry Street area by comparing the total square footage of all businesses within the boundaries of the area to the total number of parking spaces available in the area. The number of spaces required would be based on a ratio of one space for each 200 sq. ft. of floor area for restaurant/bars and retail uses and one space for each 300 sq. ft. of floor area for office uses. This option allows for the expansion of existing businesses and paves the way for new businesses to locate in the area. It also eliminates the current problems with illegally non-conforming uses and legally non-conforming uses by making all uses conforming. Also, by setting parking requirements based on certain uses, the likelihood of uncontrolled growth in the area is lessened. This option also alleviates the problems associated with the fact that two property owners control the majority of the parking in the area. As is the case with the first two options, the Building Inspections Division would review any new construction in the Fry Street area on a case by case basis. Also, in instances where new construction or the conversion of existing structures creates a need for additional parking spaces, the individual or entity responsible for the increase will work together with the Fry Street District and the City to seek... lO ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD ARTICLE XI "FRY STREET OVERLAY ZONING DISTRICT" AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS S.AME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69-1, AS AMENDED SAID MAP APPLYING TO 12.42 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE KNOWN AS THE FRY STREET DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; PROVIDING A SEVER. ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 12, 2000, the Planning and Zoning Commission, after review of the Fry Street Small Area Plan, held a public hearing thereon, and recommended the creation of an overlay zoning district to be called the Fry Street District; and WHEREAS, on February 1, 2000, the City Council, after reviewing the Fry Street Small Area Plan, and recommendation thereof by the Planning and Zoning Commission, held a public hearing on the creation of. the proposed Fry Street District; and WHEREAS, the City of Denton recognizes the important role that the Fry Street Area plays in the community as well as in the lives of many college students; and WHEREAS, the overlay zoning district for the Fry Street District and the regulations contained herein are designed to aid in redevelopment and revitalization that is compatible with and will serve to preserve the unique character in the Fry Street Area; and WHEREAS, the City Council of the City of Denton hereby finds that the creation of an overlay zoning district for the Fry Street District as' provided herein is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 35 of the Code of Ordinances of the City of Denton is hereby amended to add Article XI so as to read'in its entirety as follows: ARTICLE XI. FRY STREET ZONING ovERLAy DISTRICT Sec. 35-411. Fry Street District Established. There is hereby established a special zoning overlay district to be known as the Fry Street District. The Fry Street District is defined as that area approximately 12.42 acres in size which is bounded by Welch Street to the east, Oak Street tol~e North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest. The Fry Street District is also depicted on Exhibit "A", attached hereto and incorporated herein by reference. The zoning map of the City of Denton, Texas, adopted on the 14th day of January 1969, as an appendix to the Code of Ordinances of the City of Denton, .Texas, under ordinance 69-1, as amended, is hereby further amended to show the property herein described as the FrY Street District to be a special or small area district, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon. All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street District regulations as provided for in this article. Sec. 35-412. Purpose and Intent. The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential & commercial density. Sec. 35-413. Short Title. This article may be cited as the Fry Street District Regulations. Sec. 35-414. Off-Street Parking. The provisions of section 35-301 of the Code of Ordinances of the City of Denton shall apply to the Fry Street District, except as modified as follows: ac Remote parking. Remote off-street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on whj.'ch the building or use being served is located, provided that the required off- street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served. Co Non-residentiaL including restaurant, retail, private club, on-premises sale of beer and/or wine: One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater. Multi-family residential. Multi-family residential development shall be required to provide parking according to the following schedule: Efficiency units: one and one-fourth (1.25) space Units with 1 bedroom: one and one-half (1.50) space Units with 2 or more bedrooms: one space for each bedroom 12 Page 2 of 6 Fraternities, Sororities, Boarding and Lodging Houses. One (1) space for each bedroom. Sec. 35-415. Area and Height Requirements. The provisions of section 35-91 of the Code of Ordinances of the City of Denton shall apply to the Fry Street District, except as modified as follows: a. Minimum lot area. 1. Residential uses: 2. Non-residential uses: 3. Mixed uses, including residential: 6,000 square feet No minimum lot area No minimum lot area b. Minimum lot depth. 1. Residential uses: 100 feet c. Minimum lot width. 1. Residential uses: 60 feet d. Maximum building coverage. 1. Residential uses: 2. Non-residential uses: 3. Mixed-uses that include residences: 50% 100% 80% e. Floor/Area Ratio. 1. 'Residential uses: 3:1 2. Non-Residential uses: 2:1 3. Mixed-uses that include residential: the top story of any structure 3: 1, provided that residential comprise Required Yards, 1. Residential'uses: Front: Side: Rear: 1. Minimum of 30 feet from centefline of street. No required yard Minimum of 10 feet Non-Residential uses: Front: Minimum of 30 feet from eenterline of street. Side: No required yard Rear: No required yard Mixed-uses that include residential: 13 Page 3 of 6 Front: Side: Rear: Minimum of 30 feet from centerline of street. No required yard Minimum of 10 feet for any floor that includes residences Height Regulations. No structure may exceed 3 'stories. Overall building height, including HVAC equipment, roof systems, vent stacks, chimneys, etc., may not exceed 45 feet in height. Residential densities. The maximum number of apartment units that can be constructed on a site, while observing regulations including floor area ratio, building coverage, parldng, height and setbacks, shall require a minimum land area in accordance with the following schedule: 1. EfficienCy: 1,000 square feet 2. One bedroom apartment: 1,200 square feet 3. Each additional bedroom per apartment: 300 square feet Sec. 35-416. Multi-Family Uses. Multi-family residential uses shall be allowed within any zoning district within the Fry Street District. Sec. 35-417. Solid Waste Containers. Location. Solid waste containers in the Fry Street District shall be located off the street in a centralized location, to the rear of a building served by the container, and shall be screened with devices made of masonry or wood. b) Consolidation. Consolidation of containers is required of every owner, occupant, tenant, or lessee of any business, commercial, or institutional property, or other property not entitled to residential solid waste collection service. Each owner, occupant, tenant, or lessee of any business, commercial, or institutional property shall arrange, by contract with the city, commercial solid waste collection and disposal services from the city's solid waste division, except as otherwise specified in Chapter 24 of the Code of Ordinances of the City of Denton, Texas. c) Other provisions. All service charges and container regulations shall comply with Chapter 24 of the Code of Ordinances of the City of Denton. See. 35-418. Sign Regulatio~ns. · The provisions of Chapter 33 of the code of Ordinances of the City of Denton, shall apply, except as follows: 14 Page 4 of 6 ProhibRed signs. Ground and monument s!gns shall not be permitted within the District. b. Allowed signs. Non-Residential. All non-residential signs in the Fry Street District shall be wall signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured. Residential. All residential signs in the Fry Street District shall be wall mounted signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured. Signs shall be limited to the purpose of indicating the name of the residential development (apartment, condominium, etc.) or for informational or regulatory purposes. Mixed-uses that include residential. Wall signs shall be allowed only on those stories of a building that include non-residential uses. Sec. 35-419. Conflict with Other Regulations. To thc extent thc provisions of this article conflict with any other ordinances of the City of Denton, the provisions of this article shall control. All provisions of other City of Denton ordinances not in conflict with this article shall remain in full force and effect. SECTION 2. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fine.d a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage,.and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR Page 5 of 6 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ~4~ /-q-. ~ 16 Page 6 of 6 EXHIBIT A 17 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24 "SOLID WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY ADDING ARTICLE IV "POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN $25.00 NOR MORE THAN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas hereby finds that a public nuisance of carrying glass open containers in public places has been created in that area of the City of Denton commonly known as the Fry Street District; and WHEREAS, such nuisance includes the accumulation of broken glass in and about public sidewalks and streets within the Fry Street District; and WHEREAS, the City Council of the City of Denton hereby finds that it is in the public interest to prohibit the possession of glass open containers, with certain exceptions, within the Fry Street District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 24, "Solid Waste", of the Code of Ordinances of the City of Denton, Texas is hereby amended to add ARTICLE .IV "POSSESSION OF OPEN GLASS CONTAINERS IN THE FRY STREET DISTRICT" soas to read in its entirety as follows: ARTICLE IV. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT Sec. 24-71. Definitions. Fry Street District: refers to the area as described in Zoning Ordinance No. as the Fry Street District. The Fry Street District is generally bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the southeast, and Hickory Street to the southwest, which is depicted in Exhibit "A" attached hereto and made a part hereof by reference. Glass Container: means any glass bottle or receptacle, closed or capable of being closed. Sec. 24-72. Prohibition Of Open Glass Containers. \\C H - LG LWOL I kshared~t~G L~Our ~l~unlcnts',Ordln a~\O0~3[~.~ ContaJn~-Co~¢ Amend,d~ (A) Prohibitions. No person shall possess )~ithin the Fry Street District upon or t~f~,~ , immediately adjacent to any right-of-Way,' street, sidewalk, pedestrian way, or ~~°~)~r~a;~ ~ ~;~i~c~f~~,~ e,~Fp~j,(~, o p e n ed. (B) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District: (1) Baby bottles containing products for consumption by babies; '. (2) Glass drug containers containing prescription drugs; (3) Glass containers that are being transported in a trash bag directly to a trash or recycling container for disposal or recycling purposes; (4) Glass lined vacuum picnic containers or thermos bottles, and (5) Any container as permitted by Texas Alcoholic Beverage Code Ann. § 28.10(b). Sec. 24-74. Discretion of Police Officer. Whenever any police officer shall, in the exercise of reasonable judgement, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 24-73(A), he may, if he deems it necessary for the preservation of public peace and safety, order that person to leave that place and surrender the open glass container. Any person who shall refuse to leave or surrender an open glass container after being ordered to do so by a police officer shall be in violation of this section. SECTION 2. If any provision of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five Hundred dollars ($500.00). Each day such violation shall be continue or be permitted to continue, shall be deemed a separate offense. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of passage. PASSED AND APPROVED this the day of .,2000. Page 2 of 3 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ~~ Page 3 of 3 EXHIBIT A 2] 1 2 4 6 7 g 9' 10 11 12 13 14 15 16 17 lg 19 2O 21 22 23 24 25 Page 5 Clark is l~m to anSWer that and I wani to give thc Co-~-,~on full time to speak with ;¢rr~ ir there ~ any concerns that they have before I add anything els~ or give stafPs recommendation. MR. ENGELBRECltT: okay. We would llke to hear a report on where we stand with regard to the issues of tho road and the bridge. MR. REED: ~he reason i'bring this up is Jerry Clark has a time schedule tonight. I want to make sure we have enough time ir you have questions to have that discussion. MR. ENGELBRECHT: Great. Okay. MR. CI. ARK: Members of the Commission, basically, we've been working with the developer. The transportation issues are not completely solved yet but ! think ~'re making progress towards those. We've reviewed the traffic study, have done significant analysis, and I think we're working out probably or have worked out 90 percent of those issues. That's not completely confirmed yet and that's why the conditions are in your backup. The major issue involves the location of where the secondary arterial is going to be and that has not been completely determined. I can go into detail ~n that if you want or just t~ll you that that's still up in CondonsoIt .. · .. .. 5.':'y. age 7 I maj~rlty of tho issues. ~ rest r~lato to's~ific 2 improvcn~..-~ at apcchqc intersections and we a~ moving 3 rapidly towa~rd~;~olving tho percentages of ~ayment 4 towards, or ~ d~v¢lol~r towards thos~ im~rowm~ts. 5 Obviously, if t~ State comes in on MeKinnoy S~t, which 6 some of you have ~ on the bond commi~ and improv~ 7 that fu'st, th~n thc-y don't have to do nny of those $ improvements. But. most of tl~ otho' on~ ar~ on City. 9 struts and would eltho' have to bo done by this d~w¢lol~r l0 or a d~¢lop,:r that develops l~t'or~ then. Do~ t~t l~Ip 11 you any? 12 MP,. E~O£LnRECh"r: Ar0 the~ questions? Yes, 13 Mr. Williams. 14 MP~ WILLIAMS: lwas in la-la land when you 1 ~ mentioned who would pay for th~ million dollar brldg~. 16 Could you r¢lx~t that, please? l? MR. CLARK; 'rh~ actual crossing of Pecan lit Creek is probably going to I~ a City ~xp~nditur~. 19 That's th~ one at tl~ south end b~tween Case 46 and 20 Pn~crv¢ and that will b~ a multFmillion dollar brldgo ill by [ho time it's all done but that's ~sential to mak~ 22 tbo connection. 23 MR. WlLLIAMS: okay. Is that currently in 24 th~ Englnex=ing budget, Public Works budget? 25. MR. CLARK: It will actually probably end up Page 6 the air. The developer wishes to move it outside of his development and that would move it to a route to the west of Trinity or down Trinity Road. And right now staff is recommending that it be moved to Trinity Road because that is where the cars will go immediately anyway. We're not sure that that other route, where we will get no immediate right, of-way, helps us and so we feel that these can be worked out but they haven't been as of yet. The lower end is contingent on the upper end. Obviously, your zoning Case 46, I think is tho number. And if the road is moved over to Trinity, it wil! Uso thc same bridge ~ what would have been used with that most western route and that is a shorter bridge ~ad will actually save on the cost. The City will probably be the one that ends up building that unless some other huge development comes into this area and changes the whole make-up of it. You're probably looking at a multi-million dollar bridge to get across Pecan Creek there. So this move over wilt save aM that will happen either at Trinity or i. fit's moved farther west. I think there's one other issue. One of the positive benefits if Trinity is used is it would be upgraded ~mmcdiatcly. It's kind of a seal-coat road. We would upgrade it to City standards. I think that's the Page. 8 I in a drainage budget. The bridges have been mOVed to 2 drainage. 3 MR. WILLIAMS: Currently, it's not a current 4 budgeted item today? 5 MR. CLARK: It's not budgeted. So the ' 6 actual connection from Case 46 to The Preserve is 7 sev~'al years off. So this north/south arterial is 8 probably several years off which me, ns most of the 9 traffic will come down either to McKinney or they'll go 10 north up to 380 or they'll feed in on Mills and Blagg. 11 Do you understand those roads'?. Are you up-to-date on 12 those roads? 13 MR. ENGELBREcHT: Mr. Williams, does that 14 answer your question? 15 MR. WILLIAMS: It left me a little bit moro 16 confused. 17 MR. ENOELBRECHT: All right. We'll go on Iii and then we can come back. Ms. Oourdie. 19 MS. GOURDIE: '~hat's what I was wondering if 20. you could show us a visual as to what you're talking 21 about. It is confusing when you say moving it to the 22 west versus where it's proposed. 23 MR. CLARK: I should have used this in the 24 first place. I apologize. This is -- the curr~t ~at'are Plan calls for it to either come here or on 26 .... o 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 6 ? g 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 · CondonsoItTM Trinity. Those options were put in in December of 1998 1 ~o if you look at your old Thoroughfare Plan, I mean, the 2 existing Mobility Plan, as it's oallcd, it shows it coming right here throvgh the development. Thc 4 developer is interested in moving it out of that section. They've alre~y built the two lanes up here 6 and if any more lanes are built up here, the Gity will 7 construct those. 8 · This sccti0n, they want to have more of a 9 rcsMential character. They've proposed to move it over l0 here. I think we're right now tending to think this is Il the bettcr solution slncc thcre's no right-of-way lined 12 up here and no developers contributing now and no 13 proposed developments in those areas. So we're thinking 14 that this is the best route for thc thoroughfare. This 15 is the bridge that I was talking about right here. 16 We're also as one of the conditions asking'that before ' 17 this development proceeds on, that this bridge be 18 addressed. This bridge is a critical link to make sure 19 that traffic can come between here and here without just 20 completely loading up these two rural roads. So they 21 have a significant amount of traffio coming hero and 22 they'll have a significant amount of traffic coming 23 here. We feel this is, as far as the thoroughfare, that 24 this will be the best solution. 25 MP,. R/SHEL~ Those tWO l'oad~ al~, what, ~s and ~ ~ Y~, ~S iS ~illa and ~at's Bla~. MS. ~zm ~ ~s I'm ~1~ · ~'t wc a~dy adjmt o~ MobiH~ Phn at a p~ious m~ting ia w~ch we ~ gong ~ c~n~ it ~ ~ ~d~ mu~ ~at you're proposing w~ch is Tflni~ ~7 I ~H~e ~ had a big mmgng about ~; ~'t P~nning and ~ning ~ssiou ~do a ~o~en~Hon on Page l0 1 3 4 $ 6 10 I1 that amendment. That's n~ver been taken forward to Council pending resolution et' this zoning cas;, ' basicaUy. ~ CLARK: That's a good point. MS. C, OUP. ol~ okay. So pending resolution of this zoning cas;, ti~ recommendation wasn't put forward because ~'re waiting on what's happening here. Oh, wow. sm. MCNmL~ · what was the recommendation? M& c, otrant~: 'that w~ switch tl~ Mobility Plan, which originally shov, x:d the outer loop which went along tho lake there, to the ot',,e~'_ dotted llnt which is Trinity Mi!la because it was supposedly economically more feas~le. The problem with the third rou~ which ~i,: Page 1 l is the One to th,~.,e~, is.it goes ~ough an .... " individual's property and that gentleman we do not know ff he v}et~ld give right-°f-way. MR. MC'NEILL~ We..~t~ not east?" ' MS. 6OURDIE: I'm sorry. West, correct. And becau.~ that's private propexty right now, I believe all of us were very concerned that this may never become public, right-of-way and this is why the Trinity Road was ' chosen as the alternative Mobility PIan objective. Okay. So I'm -- so that's nil right now, so we're still on the old Mobility Plan because it's. been lying !n wait. Okay. That's what I needed to know. This is why it was very confusing to me. MR. CLARK: I'm glad you brought that up. That's a very good point. MS. GOURDIE: Thank you. MR. CLARK: Appreeiate it. IvlR. ENOELBRECHT: Mt'. Rishel. . MR. R~SHEL: DOCS the property adjoin or touch Thc Preserve pro~rty to the south? MR. CLARK: It comes right to the creek and then obviously on the other side that is The Preserve. So right here, they're opposite sides of the creek of Pecan Creek. MR. DONALDSON: I believe between then-1 is ' ' Page Co~s of Engineer land. ·, ~ IusnEu SO ~ don't physigaUy abut? Ma. DONALOSON: Correct. ~ ~USHEU okay. Thank you. MR. ENOELBREGH'f; ~a'. Will{alii& ~ WILL~IS: Yeah. I nccd to ~ a little bit mom about this Mobility Plan that has somcthing to do with this property because I'm trying to fred out - because what I heard was thc Mobility -- thc recommendation is based upon thc approval or disapproval of'this zoning. And maybe I heard that wrong. 12 ~q. CL~.t~: okay. Let me start ovcr onthat. 13 On the Mobility plan it outlines our goals for 14 transportation for thc next -- 15 MIL WILLIAM$: t understand what a Mobility 16 Plan is. 17 Ma. Ct.tazm tknowit. I'm just tryiagto 18 lead Jato it. I apologlzo if that was not very - 19 MR. WILLIAMg: In other word.% I don't want ~0 ~ be here till ZOO o'clock. 21 MR. Ct. ARg: sure. If you want to chang¢ the 22 Mobility Plan, what it requires is an amendment. What the 23 dev¢lot~r had proposed with this amendment, when we came 24 ia we proposed that this would probably b~ t~ betta' 25 solution aad th~ dswlolm' was not ia agreement with that 1 2 3 5 6 ? 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ._."CondenseItTM Pa~ 13 at the th~ and we am negotiating with them now. But the officlal amentl~ent has not proceexled ~n. If we go with 2 Trinity, it was actually shown as an alternate and we'll check with legal and see if all we have to do is delete 4 one of thc two alternates. Thls was shown as one 5 alternate and this was shown as another. This was shown 6 as the primary and this waslthe alternate..We'll se~ if 7 all we have to do is delete that off and we re~.. y don't 8 have {o have a hearing Or we may have to have a hearing. 9 We haven't conf'trmed that yet. Once this issue is 10 resolved, then we'll do it. But the amendment of the 11 Mobility Plan makes it official where the route is 12 suppo~xl to go. If it's on Trinity, then this will go 13 down to just like a residential street and come offthe 14 map. 1 Iv~,. WlU2AMS: okay. Now, I've heard that 16 this Commission made an amendment and it's sitting 17 somewhere sera,lace. 18 MR, Ct. ARK: They made a recommendation to 19 the City Council. 20 l~m. ~LUAMS: Okay. It left here and went 21 to City Council. 22 MR. CLARK: It hasn't gone to City Council 23 yet. It hasn't been put on an agenda but your 24 recommendation stands until it's either not pursued or 25 page 14 City Council adopts it or adopts something different. MR. V/lit.tAMS: okay. Before I can vote on this, I'm going to need to read that amendment because I'm voting in the dark if I don't read that. ~,m. ct~: Okay. I'll get that for you. I'll go do~ and run a copy of it and get that for you. Ma. wra.v~s: Okay. Thank you. MR. ENGELBRECHT: MS. Gourdie. Sis. GOb'~I£: Are the roads Blagg and Mills able -- I drove down them when I went through this property and they are very rural, to say the least. Where are we going to send the property while we -- thes~ people -- I mean, I guess what I'm trying to ask is build-out time versus time for the roads, are we just going to be putting undue stress on these rural roads for these folks that llve there or what are we really going to be doing here? I~LR. CLARK: 'they am very rural and that's one of the things that we're negotiating. I think Mills is the one that is proposed to carry 1,000 trips a day. The impact on this one is minimal. But this one is proposed to carry 1,000 trips a day and one of the things that we're -- and that's one of the things that's not resolved yet is that we're not so sure if we're going to nm 1,000 trips a day on it that it shouldn't t:~' .P. age 15 have some improvements to it. M§.'OOUPd~m: But thLn is outside of the property oinaers, of the development's property? MR. CLARK: It'S outside the pr61mly owner but if they run 1,000 trips a day, then we want to make sure that we've looked at that carefully. MS. C.,OUm~IE: And is it in our ability to have them f~x the road. up to -- · ' ' MR. cLARK: To'the amount that they generate the impact, yes, it is. MS. COUP, DIE: okay. Thank you. MR. CLARK: And they have to bring it to a minimum standard wbem it's safe. MS. COURD1E: 'thank you. MR. £NGEt3REchrr: Other questions? MR. MCNEILL: When wa$ that resulutinn sent forward to the Council? That was just after I got on the Commission, wasn't it? Wasn't that the last two or three months that that was here? And we had this same diseussinn about shall it come right straight down or shall it go west and that was the resolution we passed forward. Okay. Thank you. MR. CLARK: It was in late August, early September. MR. ENGELBRECHT: If we recommend -- let's Page. 16 assume for a moment that the Trinity Road, since that was our recommendation let's assume that's the route that's going to be taken, what will be the requirement of this developer with regard to that stretch from McKinney to the new Lakview Boulevard? ~ CLARK: 'that's also one of the things that still hasn't been sealed, what impact that -- they haven't agreed on the impact and what they are willing to improve yet. Do you want me to tell you what we're recommending? MR. ENGELBRECHT: Yeah. I want to know because I'm not at all ¢,omfortable with trying to move any of that traffic dOwn'those little roads and then over to Mayhill. That's why this whole plan was put together, Lakeview Boulevard and the design was to --the purpose was to carry that traffic from this area through there. MR. CLARK: We're recommending two lanes be improved from her~ to her~ and that this ~0rld~e b~ installed, two lanes of it. MR. MCNEILL: On your map there -- excuse me for interrupting -- on your map where is University, 380 -- McKinney, where's McKinney? · That's McKinney right there. Okay. MR. ENOELBP. ECHT: ~xry, when you say 9n 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 · '.CondensoltTM Page.17 improved, are you talking curb, gutter, two-lane curb and gutter? MR. CIAR~'. Yes, two-hne City standards. M~ l~O£L~m~-rr: All right. Yes, Mr. Rishel. MR. RISHEL: AS yOU talked about the road that comes down from University south and it's currently two lanes. Is.that what you said, Jerry? · MR. CLARK: Yes, twO lanes from here to here. MR. IUSHEL: And you said if we wanted to take that to four lanes, we'd need to do that on our own as a City. Do we own the right-of-way on that? MR. CLARK: Yes. Tnere*s 80 foot of fight-of-way. MR. RISHEL: Thank you. MR. ~rG£LBRECHT: Okay. Other questions? Well, I think that answers my questions with regard to the northern link from McKinney up. Basically, what we need is a condition that until that road is repaked and that bridge is built, nothing goes anywhere. That's the wayI see it. MR. CLARK: That's generally what we're recommending through those conditions that Planning is put in the report. · . .. Page 18 I MR. £NG£LBKECHT: Okay. Now going south, 2 now we've got the other link of this thing. Now, right 3 there except is it now right there or is it moved over 4 !r. mediatcly across Trinity Road? 5 MR. CLARK: If this is moved and they really 6 have no impact then this becomes a residential street. 7 This becomes a residential street and this will really 8 become somebody clse'~ issue. This one will be -- when 9 these propeRies develop, then wc'll get thls section. 10 You had a zoning case come in I think for a mobile home 11 community, that gives you some opportunities there. 12 MR. DONALDSON: Yeah, that's gone away 13 MR. I~qGELBRECHT: But that's the problem 14 with moving it over to Trinity Road is is that all of a 15 sudden that link dght there now becomes a piece in 16 waltlng, ifyouwill, lf we had taken the eastem 17 route, then this developer would have been requLred to 18 construct that link of Lakeview Boulevard? 19 MR. CLAR~: 20 MR. ENGELBRECHT: could I get that other one 21 back up there? All of a sudden you switched maps on mc 22 now. Thank you. 23 MR. CLARK: Basically, we would have got it 24 down to here but they don't 8cncrate thc need for this 25 bridge but we would have had it from here. Thc thing is I '1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 24 ~5 thlnlc wc m going to b~ all right with this ff we get, since it's.'.co~aUcted here, ffwe get this bridge in place and ~6'get thc two lanes down to hcr~ bo:ause a lot [ of thdr traffic will usc their resldential"street. This sort of traffic will feed down. Some here might come up and use this. MR. ENG£LBRECHT: well, n'ght. · MR. CLAret! ,~.lot of their traffic, but then it will COme in here and come to Mayhill and come to 288. A certain percentage of it is going to come up here and use 380. IviR. ENGELBRECHT: Exactly. But we're losing that link that they would have built two lanes right there? MR. CLAP. Z: Yeah. This link which would have been on there is not going to be provided for here. So, yeah, we are losing that. MR. P, ISHaL.' But it's a lot less bridge to Cross. MR. CLARK: Yeah, we are saving some money with the bridge. This bridge is going to be between 500 and 800 feet shorter. MR. ENGaLBP~CHT: Okay. All Hght. MR. CLARK: SO that's going to reduce our costs. There are two bridges this way but they're still Pag.e I shorter than the one that comes aCross hare. 2 MR. ENGELBRECHT: .arid The Prc..~e will 3 build upo- 4 MR. CLARK: I know now, I apolog~v¢~ I need 5 to mention before, the real advantage whleh they've 6 brought up all along on this is a thoroughfare over in 7 this area, over in this area, is really serving -- which 8 it's serving this area, it's better to have it in the 9 middle than it is clear over on one side. 10 MR. ENGELBRECHT: Yeah, and the bridge is 11 shorter. 12 MR. CLAret: That's thc maj°r benefit we gain 13 arid I think the benefit of that hopefully Will outweigh 14 thc loss we have here and dso thc gain we have from the 15 shorter bridge bere. So there arc somc real positive 16 tMngs in that. I apologize for not mentioning that. 17 MR. ENG£LBRECHT: Okay. Now, Thc Preserve 18 will bring it up to where? 19 MR. CLARK: The Preserve is going to bring 20 it up to right here. 21 MR. ENGELBRECHT: All right. 22 MR. CLARK'. That's Pecan Creek. This is 23 Pecan Creek right here. 24 MR. mSH~U South of the creek. 25 ~R. ct~u~: yeah. That will stop on the Page 21 I south side. ' 2 lvUC I~G~-LSP. F. Cltr: Yeah. So we have to'figure 3 Out a way to get the bridge in and get that link down in 4 order to link that all the way up. 5 MR. CLAP~: YeS. 6 MIL E~GELBRECHT: And what's the astimat~ on 7 . that little link, not the bridge, but thc link of road for S two lanes? 9 MR. Ct~ARK: A quarter million, just a guess. 10 MR. ENGELBRECHT: 'that's to do it. That's not 11 to acquire the right-of-way? 12 MR. CLARK: NO, not to acquire right-of-way. 13 MR. ENGELBRECHT: Assuming we have thc 14 right-of-way? 15 M~ CCam:: v. ight. 16 MR. IUSHEL: Is there any leverage in that? 17 MR. CLARK: If the developer gave lis a 18 right-of-way you could probably count that as a 19 leverage. There is no State involvement on that. The 20 thing that the State is talking about working is working 21 with the developer through a bridge program to try to 22 get this bridge in place because the State would like to 23 sec this in to help. They're aware of the congestion here 24 and this would actually help some along -- when 258 is 25 being built relieve a little traffic, too. 'Page 22 I MR. ~,~6ELSREcrrr; Are they going to assist 2 us with that larger bridge at this point? 3 MR. CLA~X: we have no offers yet. 4 MR. ENGELBRECHT: Okay. You don't have any? 5 Okay. All right. 6 MR. CLk~,K: This is an existing bridge so 7 the program they have wou. ld put some money into it. S There is no bridge here. b, 9 MR. ENGELBRECHT: okay. Any other 10 questions? Thank you. And you're going to get the -- 11 M~ CLA~K: Copy for Mr. Williams. 1:2 MR. ENGELBRECHT: Okay. Very good. 13 MR. WILLIAMS: Thank you. 14 MR. ENGELBRECHT: Mr. Reed. 15 MR. REED: 1'11 start off by correcting 16 myself earlier. I did forget that we have received 17 three responses from property owuers. Two of them are IS in favor. They did not write anything but they are in 19 favor. We did receive one in opposition and it is from 20 a property owner which is adjacent to the 072 request. 21 And if we get the document camera back, the property 22 owner owns property up here. And, basically, let me show 23 the zoning map also demonstrates that that particular 24 prol~ located up here is in 1'D426. ! had mentioned 25 earlier that this property was down-zoned, if I could I say that~ from PD-126 down to Ag back in 1997. A 2 portion of.~e P~ remained and that was the northern 3 portion arid th&t'was for non-residential uses. And also 4 another portion was kept. But the portlon'to the north 5 Of this property is for non-residential uses. I think 6 there may be some Multi-Family, as well. 7 MR. DONALDSON: There's Cg~rleral Retail, 8 Multi-Family, and Light Industrial, 9 MR. REED: And it's important that I point 10 that out because the concern of the property owner up I l there says that they have concern with the request for 12 one-family dwelling, SF-7, being adjacent to their 13 property, which has a Planned Development zoning 14 designation. And often the Commission is sensitive when 15 there's different residential zoning. In this case, 16 it's Multi-Family, General Retail, Commercial abutting 17 what would be SF-7 for this request. And I'm going to 18 pass this around. 19 And I thank Jerry Clark for going over 20 transportation so elcquently. That is, of course, one 21 of the major issues of this zoning request. Tho other is 22 its compatibility with surrounding zoning and its 23 consistency with our Comprehensive Plan. Concerning 24 those issues, I'll address that we Fred at staff level 25 · tha~. the request is consistent. And if you look at the Page 24 I request for the groperty on the south side of MeKinney for 2 5,500 square foot lots and balance that with the remaining 3 property, some 410 acres where they're golng'for a mix of 4 SF-~, SF-IO, and SF-13, we fred that in total this request 5 offers a mix of lot sizes and, therefore, provides 6 something that is consistent with our Comprehensive Plan, 7 as well as the 1998 Growth Management Plan and land use 8 draft Land Use Plan. 9 As far as its compatibility, well, there's 10 not much out there right now except for some single- 11 family residences on larger acreage and a lot of ETJ. 12 And, of course, we don't control the property adjacent 13 to the request which is already in the ETJ. so we do 14 find this consistent and compatible in so far as it can 15 be with existing land uses. And I'll point out that the 16 developer is also -- the applicant in this case is also 17 the developer of the Lakeview Ranch property which is 18 the one-acre subdivision with 155 lots that's already 19 out there. So I think he can best address how is this 20 compatible with one-acre lots. I'll be happy to answer 21 any questions. 22 MR. ENGELBRECHT: Questions, Commissioners? 23 It appears not at this time. Thank you. Is tho 24 petitioner or petitioner's representative present? If you would give us your name and business address for the 3 0. Pa'oe 9.1 - Pa~e 24 ~ Cond~ns~ItTM Pag~.'25 I rocor& 2 MI~ SPAIn:. My ~ame is Paul Spain. Busings address is 700 Lakevicw Boulevard. We're the only ones 4 out there, basically. If I could st~t out by tcfll,g 5 you about our f~t pha.~. The cnfim project is 735 acres. The £u~t phase which we am &vdoping out at 7 Lakcvlew Ranch here that you see is 157 lots on 273 8 acres. A huge £u~t phase, all lots one to five acres 9 in size. In that project we have started On the amenity 10 center and we've star~l on the entryway off of 380, we've 11 paved 1,000 to 1,200 feet ofenttywayoffof380 to get 12 the address on 380 and get the look. 13 The amenity center, sales center is under 14 construction now. As you see, it has very much of a ranch 15 feel. That's under construction about 2,000 square feet. 16 That will house a pool in the back for the community, 17 community rooms, kitchen, restrooms, and also a sales 18 office while there is sales going on out them. 19 We also have plans for the first phase, 20 horse trails. We've met with Ed several times and since 21 we back up to the Corps, we'd like to turn the dirt bike 22 trails into horse trails and have a little better. We 23 do have some of the lots deed restricted so that they 24 can have horses. Some of them are large enough too where 25 you could go out the back of your lot directly onto the · .. Page 26 I Corps land and ride and tie into Lake' Ray Roberts. It 2 would be really beautiful. If I could walk through the 3 project sort of phase by phase because it's awfully large. 4 I'm not sure, who was the letter in opposition from? fi MR. ENG£LBKECHT: Mr. Bullard. 6 MIL SPAIN: He'S Our neighbor to the north. 7 Mr. Bullard ac~ually grew up right in here. 8 MS. GOUP~IE: ¥?~ Spain, thank you. That's 9 much better. l0 MIl. SPAIN: Part of the original Bass track 11 was north of our tract and it was a higher zoning of 12 ' Retail, Mt~Iti-Family and Industrial. This land for the 13 . most part is flat other than it has some mesqUite trees. 14 Mr. Bullard also owns over here to the west. He worked 15 cooperatively with us to give us the right-of-way. We 16 built the road and put in a water line and he allowed us 17 to do the landscaping, put up a fence to really improve 18 the area. He's been cooperative. The property adjoining 19 that would I~ parcel A is about 82 acres and is basically 20 treeless. There are a few trees down here in this comer 21 and some over here along the creek. For the most part 22 it's pretty fiat and wide open. Again, it was our. 23 intention that Blagg Road would be cllmluated once 24 Appaloosa is put in. This place we call the enclave 25 because it's sort of a private little area. It has corps 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of cnglncer property over here. Again, it does have th~ higher zon"mg to the north of it. And to the south of it, it has Pro/~ty that was also part of tho original Bass and has patio homes and five and elghi unit per acre , residential zoned bere. That's the reason for the 7,000 square foot request hem as the rnlnlmurn site. Because of our neighbors, as they develop, we're looking at industrial multi-family, on one side and intensity Of five to eight on the other side. However, certainly if We am' successful with what wc'm proposing and devcloplng now, we will continue doing so. Again, this is a rrdnlmum. With the zoning around us, we feel like that's a good land us~. Tract B is thc tract paralleling A. Spotted trees up in this area. It gees along the creek, originally planned for one creek to go down the middle and basically reflect this, which it may, in fact, do. W~'vo requested on that some 84 acres SF-10. ~nother part of that tract iS a 15 acre parcel down here which gees along the creek and is awfully attractive. Tract No. C is probably the prettiest, it's just under 200 acres. It's pretty heavily wooded, the corps is over on this side. The creek running along the north side. It have various owners on the west, mobile home parks, tractors, old cemeteries, and then the organic farm here as it swings over to the cast. But from this - ' ' Page ~ 1 part up, it adjoins the corps and is a solid lot 6f woods ' 2 and it's just gorgeous. There's quite a bit of 3 topography. Again, that was one of our original reasons 4 for wanting the zoning moved over. In this area, we have 5 come up with a plan for it. We have planned two lots per 6 acre on this property because of the topography. We feel 7 like the lots have to be larger to save the trees where 8 the lots are platted. We roll out of that into parcel D 9 which is pretty fiat and has a water tank. We have a plan 10 there to give to the scbool system, a school site for an 11 elementary school, 12 and a half acres. They've requested 12 that it have a park next to it so'we are also going to 13 give a park two and a half next to it, so the school site 14 will be 15 acres. 15 To the north of that -- although parcel D we 16 am requesting 7,000 square foot lots between the school, 17 the park and then what Ed would like to do with the rest 18 of this right here is have a community-wide park and that 19 may be in fact a part of the bond election which we really 20 supported. 21 If you cross McKinuey you run into the other 22 ptece down here which we haven t explored as much. It's 23 pretty overgrown, but we did learn from Weldon it used 24 be a motorcycle track and they put the th'es at the edge 25 +urns. We ought somebody was dumping tires out PI.ANNING ANT) ZONING OCTOBER 20. 1999 Page 25 - Page 28 CondonsoltTM Pag0 29 l~er~ by t~ thousands. It turned out that they wer6 uslng 1 those for their motorcycl~ iracC. But v~ haven't ~xpiored 2 thls, altho-gh you can see it's a lltt~ wooded. The 3 topography is fairly fiat. It would b~ a nlc~ littlc 4 co~anunlty with th~ corps on th~ back south sldc. So vm 5 plan her~ that would allow an area wbe~ you would have 6 people that didn't want a. large lot, would allow something 7 8 9 10 11 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 more m~!ntainablc, again, deed rcstrictnd, tightly. conlrolled, mor~ oPen spac~ fi1 'thc community. In tho overall.735 acres, overall deaslty of 2.3 units l~r acre, no commercial, no atiached housing, Parcel C which is just under 200 acres in the sort of center of ~ property. Parcel D is 51 acres will have the school ilte~north side of McKinnc¥. And then parcel E which is our Po. MS. C.~URDIE: Thank you. MR. ENGELBRECHT: Mi'. Morgno. MR. MORE'NO: Yes, sir, Mr. Spain. Have you seen this letter or fax from Mr. Bullard~. Mike, is !t approprlatg to share this letter with Mr. Spain? Mr. Spain, I'm not sure what he's asking for here. I'm having difficulty understanding his suggestion: I would all single family attached zoning. As wc did this plan, as wc came up with it, thc one thing s~ did is wc had public hearings in tho community to se~ what tho community felt about it all. Our first one was thc nortbcm section. Tho second one was for th~ center section of tho property. And tho third was for tho southern section. Mark attended all meetings. We had anywhcr~ from 20, 25 l~oplc at tl~ various meetings to hear what thclr thoughts and concerns wc~. And I don't believe we had an)' opposition to any of thcm. We met with thc neighborhood and I think we Inave their support. We a~ missing some of the owners in that neighborhood. Ms. McN~ has come again. Shc's one of our neighbors over tz~ on this piece. Thc other Mr. and'Mrs. Yaton arc one of thc three Page 30 1 houses here that arc in the middle of the project. And 2 Mrs. Wilkerson and ber husband live up here in the comer· 3 We'vc tried to work with the neighborhood on all the 4 different issues that come up as we develop in the area 5 and hope that we have their support. We'd certainly be 6 open for any other questions· 7 MIL ENGELBRECI~.: COmmiSSiOners. Ms. s Gou~die. ~ 9 MS. GOURDIE: Mi'. Spain, I guess I'm a littlc 10 perplexed, could you just clarify, again, for mc one more 11 time, the northern half of the prell'fy, right above the 12 pha.~ !; you said that they ~vould b6 SF'?'s whlch w°uld be 13 abutting the pD to ~,he n0rth of the property which would 14 be followed by a tract right underneath it, correct. I 15 bellcvc that is thc -- what was thc zoning on that? 16 MIL SLAIN: Five to eight units per acre patio 17 homes. 18 MR. DONALDSON: That's a remnant of PD 126. 19 MIL RISHEI.: someone cls~ owns that? 20 MR. ENGELBREChrr: Right. 21 MS. C, OURDIE: I guess is that part of what 22 v,~'re discussing tonight? What exactly are we discussing 23 tonight? 24 MIL SPAIn: We are discussing parcel A which 25 is to our north and east. Parcel B, 85 on our west. lOOO 12 like for you to kind of interpret that for us if you can 13 or if you havc a bettor understanding than I have. I'll 14 give you a moment and be quiet. 15 MR. SPAIN: I think he's asking for a 700 fcct 16 buffer of one acre lots -- isn't that right what it says? 17 MR. MOP, ENO: That's what I think it says. 18 What's your reaction to that? 19 MR. SPAIN: It'S normally the other way 20 around. 21 MR. ENGELBRECHT: DO you have any other 22 questions? 23 MR. MOP. ENO: No, I just wanted to sea if you 24 were reading it the same way I was. 25 MR. SPAr. N: He is concerned that as people Page 3..2 I move into our single family, they won't find his 2 industrial or multi-family as compatible as neighbors. 3 MR. MOP, ENO: But going to the larger lots, 4 would make it worse, I would think. 5 MR. SP,~N: That would be my perspeCtive. 6 MIL MORENO: Okay. Thanks. ? MR. ENOELnP. E¢trr: Mr. McNcill. 8 MR. MCI, IEILL: In response to Commissioner 9 Gourdie's question. What we're considering tonight shows 10 -- thc first item on the Agenda is Case 46. That's just a 11 small piece down at the bottom. 12 MR. SPArt¢: Excuse me. That is right, They 13 do have 46 first.. 14 MR. MCNEILL: That's thc on[y thing wc arc 15 considering right now. 16 MIL SPAIN: It is confusing. I apologize for 17 that. Because of thc different ~O versus straight zoning 18 we had to separate that. 1~ MR* MC~EILL: L~t mO fOJ~OW-l.l~) ell that then. 20 In your drawing there, let me see -- show me where 46 is. 21 That's this piece fight there. 22 MIL S?AIN: It's just north of the creek. 23 MIL MCNE~LL: Right. And the blue is the lake 24 out here to thc right? 25 MR. SPArta: Yes. Okay. 3 2. Paoe ~9 - Pa~¢ 32 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25. Condons~itTM Page 33 MR. MOqF-ILU okay. But it will bo compatible with tho r~t of yom' development. 'rha~'s not anything · s~ia] about 46, ia tberc? Mm SPAIN: rt's just on tt~ otho' sldc of Trinity. MIL ~OELBRF..Clrr: Mr. Rishel. ~. ms,mu would ye.u,, wh/Ic you*re ~lklng about that parcel and D above that, show mc tbe access to th~ -'or potential access to tha Corps prego'ry. MR. sPAn,~: what ~ talked about with Ed again, v/~ ]lave thc road - our lntcrlor theme road, for a lack of a better word, meanders up in hare and then follows th~ road. But right in through hare it comes right through ho~ so school would b~ on this side and then Ed becau.~ - again, th~ topography is great on it. This would be a g~at location for soccer fields, regiooal things. He was also thlnldng with our encouragement that it would then give them access into the corps, into lake, which we*ye been over in Cn'al~vine and Southlake and they*ye mad~ tremendous use of corps property for a dollar a year. Tbey have great bike trails and all sorts of otl~' u~e~. We just thonght that would be a great addition for thc City of Denton to get to thc lake. So w~ suppor~d that and encouraged it, that wc would -* that would be really good for thc community. 1 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a truly unique area. We're up he~ sort of in a hidden area, Part of town..To get people here, we're going to have i6 ~a~e'something sp~ial. And we've got to ~ave thc trees, which people love, and create'an open space wMch they llkc, and have a community in which they wih drive a little farther to go to. And that's what wc're in thc process of trying to do. · MR. W~LUAMS: 'thank you. MR. ENG£LBRECm': Mr. McNeilL MR. MCNEILL: I forgot to mention that I wanted to thank you for the permission to go to bed before 4:00 last week. I thank you for volunteering to movc to this evanlng. MR. SPAIN: My pleasure. MIL ENGBLBRECHT: Other questions? I'vc got several. The issue of the access to the Corps land, I'd like to better understand what you and the Parks Department are talking about, a number of acres of your property or simply just a small access area to get into thc Corps area? MR- SPArta: what Ed has shown an interest in is including, which I think is part of the bond clecfion for the parks, was to acquire some 20 to 30 acres here, basically thc rcmalnder of thc east sidc of the road up to the trees, up to the water, thc water tank, which would b¢ · ' ' ' Page 34 I MR- ENGELBRECHT: MY. Williams. 2 MR. WILLIAMS: Just to keep mc happy, when you 3 an example, say football fields and not soccer fields. 4 But, seriously, the question that I was wanting to ask you Page ~ ' this area. - MR. ENGELBRECHT: Okay, And that would be all the way down and abut that little park that's shown on the map now? 5 is, basically, your philosopt/y in regards to amenities and 6 in your SF-5.5 area. You made avcry general statement. 7 I would just like to know your philosophy about the 8 amenities with those, ,,~naller lots. 9 MR. SPA~'~: People with smaller lots may not 10 want to maintain a large lot, but they still want open 11 space in theix community. They tend to want it in areas 12 in which they can go to and visit and enjoy, whereas not 13' having to mow on their own basis. So we have put that 14 down there which allows us to develop a smaller lot and 15 put in open spaces throughout the community where the 16 residents can use. And with Pecan Creek on the south, 17 that's a great public area. They would be able to go up 18 Pecan Creek and tie into the lake. It has great potential 19 for recreational walking, jogging. We thought this was a 20 great area for that. Plus it allows us a wide variety of 21 products and lot sizes. We'll be offering auywhere from 29_ 5,500 to five-acre lots which gives us a real marketing 23 advantage. 24 But our philosophy on the development is we 25 have to, in order to be sucoe~ful, offer the home buyer 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 MR. SPAIN: Correct. MR. ENOELBRECHT: Okay. MR. SPAIN: SO you would essentially have, if you were driving into the project from the south, you would have an elementary school on the right and then a 30 to something acre park that could expand into the Corps right behind it. MR. ENGELBRECHT: All right. And they've talked to you about purchasing that and prices and all that sort of thing and you're aware of all that? MR. SPAIN: Yes. MR. EN~ELBRECHT: Okay. You did not mention in your report anything about work you'll be doing or plan to do, and I know you're still in negotiations, but that's my big concern, the road. Wc*v~ got to get the folks across here and what are we going to do about Trinity Road and the bridge? Not the bridge to thc south, I mean, that's ours. But the bridge to the north. I went out there and drove through it and I know where you're talking about across the creek there. MR. SPAIN: Thc only problem with thc bridge PLANNING AND ZONING OCTOBER 20, 1999 33. Page 33 - Page 3~ . 'CondonsoltTM Page37 I to the unrth'~cr°SS Pecan Creek is a million end a 2 quarter dollars. That is thc only problem, That burdcn 3 on us doing Iow dcnslty is cxt~ne. Our cost in Phase 2, 4 our cost ~ lot is up $0 pcrccnt because of that bridge. 5 So w~just - w~ understand the brldg~ is n__e~_~. A 6 million and a quart~ is a lot of dollars. ~mt'$ why 7 have gotten with the Highway D~artmcnt, w~'vc gotten with 8 ' th~ County, and w~ ax~ trying to push. an altcmgfi¥c 9 · funding for that that wc can do. 10 ).m.~oELn~c~r: okay. So, basically, ~ 11 just - that's all talking now. Wc don't - you'r~ 12 negotiating with them or discussing with them but 13 don't have any fwm plan. Nobody has a f'wm plan at 14 thls point. 15 ~m. sPAr~: ~Jght. 16 M~. E~O£LaREcm': 'that goc~ to th~ bridge. 17 What about Trinity Road? 18 M~. sPAn~: we just met with Jerry about a 19 week or so ago and he told us about tl~ need to improve 20 Trinity. Our traffic cnglnccrs tell us that Trinity in 21 its prc~ent stat~, that our road, our theme road through 22 our project and Trinity will handle aH the traffic in 23 area. Tho reason b~ing is because if you look, this is a 24 peninsula down here. It doesn't go anywhc~ and won'( 25 until thc concmtc bridge is in. Nobody comes hc~ unless · Page 38 1 they're going to this area. People going out go west and 2 they go north. Anybody in our project will take our spine 3 street and go north or they will take McKinney or Mills 4 and go west. Our people won't be using Trinity because 5 it's parallel and it doesn't get thoro anywbem. We can 6 tell you the quickest ways in and out is west and north. 7 So we hear that reztucst and we are analyzing now whether 8 we'~e better off putting ~e road back onto our project, 9 which wc don't want to do. But to put in two lanes down 10 Trlnity means we completely remove all of Trinity in its 11 current location. We'd have to acquire the right-of-way 12 to widen it and I'm not surc that we're up to the task of 13 making all the neighbors angry at'us because it eertainiy 14 would. And that's a big cost for a road that our 15 residents will not usc. Our traffic shows that our road, 16 which we will be improving on our property, and have even 17 offered to do so. in a larger state than needed, plus 18 Trinity will be adequate to carry the traffic. 19 But, ~aln~ that's, you know, that's our 20 discussions ongoing with traffic. But those arc our 21 thoughts on it. That it's an awful expensive thing to put 22 on us to do. And, again, all these costs make developing 23 low density cxtrean¢ly hard lx~ausc there's just not a lot 24 of lots to awn'age it over. Wc ar~ at half the traffic 25 projected for low density development and that's half the I houses, wMch means that's half the lots bearing all thc 2 costs for~c mca. So it's -- what we're hying to do is 3 get with th~ Highway Department, comc up with other ways 4 of funding it that am morc attrlbutable't~ thc general 5 ~xca rather th~n just our project. 6 MR. I~GELBP. ECh"r: okay. There appears to be 7 no other questions. Thank you very much. Is therc 8 · anYone presan.t ~,ho would like'to speak in favor of the 9 petition? Anyone present to speak in favor of th~ 10 petition? In that case, is therc anyone prcsent -~ oh. 11 Come on down. If you would give us your n'ame and 12 address for the record. 13 MS. MCNA'IT: I'm Ms. McNatt and my property is 14 adjoining the development. And I would like -- what I 15 would like since we're talking about Trinity Road, see, 16 they have abandoned the road south of our property) 17 Trinity. And then they're trying to abandon Blagg Road 18 that goes right in front of our house. We would like for 19 Blagg Road to stay open because of the traffic from 380 20 comes down on Blagg Road and goes onto Lakeview. And 21 that's what wc would like to do is have Blagg Road stay 22 open, not abandoned, because we either have to go up to 23 University to get out, or go down to Trinity, cast of our 24 house to go north. And that's thc way we'd have to do it. PLANNING AND ZONING 25 They've opened it up right now so we can get through. But I construction is going on at University in Denton. 2 MR. ENGELBRECHT: So you can go west on 3 Blagg Road? 4 MS. MCNATT: Yes. Take Blagg and get on 5 Lakeview. And that is thc only thing, only objection 6 that I have is to keep Blagg Road open. I mean, that's ? what we would like. But all the other, we arc in favor 8 of all that. That's all right with us. 9 MR. ENGELBRECHT: Ali right. Have you 10 talked to the developer about Blagg Road? 11 MS. MCNAIT: Talked with who? 12 MR. ENGELBRECHT: Thc developer~ Mr. Spain, 13 have you talked to him'?.. · 14 MS. MCNATh Yes, and they've ~ot it olY~n 15 now for us. But it's -- I don't know how long it's 16 going to be open. Wo want it, we'd like for it to be 17 permanent' but just whatever, it would be so much better IS best for the traffic that all goes through there. 19 MP.. ~OEt. BRECHT: Mr. Clark, thc City 20 engineer is here and we'll ask him to address that issue 21 about how they have that planned because he'll be 22 locking over that. Jerry, do you want to come down and 23 talk about that for this good lady? 24 MR. CLARE: Basically what -- thcrc'$ four 25 I havc been platted across Blagg Road and right 34. Page.40 OCTOBER 20, 1999 ~___ Pa~e 37 - Page 40 6 ? 8 9 l0 11 12 14 16 I? 18 19 2O 21 22 23 24 1 2 4 6 ? 8 9 10 11 12 13 14 IS 16 17 15 19 21 22 24 25 · .'CondmaseltTM Pag~ 41 now I tMnk there's an amending plat. Is that correct? Am you go'rog to do that amending plat? MR. SPAIN: Yes. MR. CLARK: They're going to do the amending plat that dissolves those four lots so that Blagg Road can stay in shape for awhile. But ff they put the four lots back through another amending plat or whatever it ta~.cs, e~,entually Blagg Road would go away. So if you ' · -- an amending plat,.basieally, it docs away With some lots. What that allows Blagg to do is stay op~a while other roads open up in the area. When other roads, other transportation avenues open up in the area, then Blagg can be shut down or when you review those and if you don't want it shut down, then you make your recommendation at that th'ne. But you'll get two mom looks at it. No, you won't get the amending plat. Would they get the one that comes back after that? Would that just be an amending plat again? MR. DONALDSON: It would be an amending plat again. MR. CLARK: well, I guess if you want Road to stay open, you better talk about it now. But we don't ~ -- MR. ENGELBRECHT: Would you put that map back up there So you could -- "Page 42 MR. RISHEL: The mobility map. MR. ENGELBRECHT: show us where the McNatt's are at on Blagg Road. Obviously, they have to have a way to get in and out so something Will be done, but what's the plan7 MR. CLARK: These arc the lots, the four lots that go across this road. Two? Okay. There are two lots that go across the road, .and, basically, those will have to be done away with to keep Blagg Road open. If you look at the Mobility Plan, Blagg's up hem, that little section right then:. It's right there. And you've got other roads in the area. I think this connects in eventually. Doesn't it connect them in down here? MR. DONALDSON: 'trinity goes north to 380 but it's bccn abandoned. MR. CLARK: I guess what they're talking about, as we look at their map, is that these folks are kind of just limited to this road here. Can't they go -- this will be opened here, won't it, so they could come in and go through the subdivision to get out to here? Would that be there, Mark? ~ DONALDSON: When Parcel A is developed, there will be a connecting road from Lakevicw to Trinity. Vfnen that is in place then Blagg could be abandoned. MR. IUSHEL: And where docs Ms. MoNatt llve? PLANNING AND ZONING 1 2 there. 4 6 7 8 9 t0 I1 12 13 14 IS 16 17 18 19 20 21 22 23 24 ......... ' 7 '-'-::7Page 43~ MR. DONALDSON: she's ~hat parcel right m~ BUCEK: ~t mc ~f~ yo~ ~o~ on how ~s wor~. ~y publio r~d ~ oMy go away · c ab~dom~t pr~ ~d ~c ab~do~ would go to ~uncH. And ~ b~ on ~e ab~don~ ~ ~ey wo~d do ~c~ ~ng pla~ on~ ~ ~cH ab~dons . ~at r~d. So ~c~ is a t~o for pubHo ~put at ~at point. M~ ~NA~SON: That h~ ~ abandoned a~dy. MR. BUCEK: Oh, ~6 p~ you*r~ ~ng about? M~ ~NA~SON: In order to plat it ~1. Wc'w ~ ~ng about doing ~ ~ng plat and put an ~t on ~cm j~t to ~ow mlativcly info,al a~s across ~o~ lots. So'on~ ~ al~ativc r~d is in pla~, ~ ~cre ~11 ~ ~o~er ~ng plat to ~ovc ~c ~t. M~ eucsm so d~t now it is j~t a pdva~ ~t ~at McNaR h~. ~c public ~t to u~ BI~ h~ a~dy ~ ~ away. MR. ENGELB~CHT: Ms. McNaR, do you undcrs~nd what ~cy*vcjust ~id to yoU? I don*t. Page / ' I MR. DONALDSON: Ms. McNatt's daughter does.' 2 MR. ENGELBRECHT: Okay. 3 MR. SPAIN: when we had the public hearing 4 for the abandonment of Blagg Road, Ms. McNatt and some 5 of the other homeowners came in and said; I need a way to 6 get out. It was my understanding from that meeting that 7 I couldn't abandon Blagg until I built my other road 8 going to Trinity which gave them a way out. There was 9 some confusion with our plans and what we have to do 10 now. So we ,;moved the road. They, again, voiced their 11 concern of no access and we replaced the road. We arc 12 rcplatting two lots to give an casement, continue to. 13 have Blagg Road go toLakevicw until the n6w road is 14 continued into Trinity, which would then give the 1S residents in this area direct access to Trinity west and 16 south. So I believe it's been addressed. 17 MR. ENG£LBRECHT: SO when you're finished, 18 they will still come onto what used to bo Blagg Road? 19 MR. sPAnq: when it's finished there will be 20 road, Appaloosa Way which will cut through hcrc and tlc 21 ontoTrinRy. It will be more of a semi-coliector, I 22 guess, because anybody in this area could use it to go to 23 Trinity to Lakeview Boulevard directly. 24 mR. DONALDSON: without going on 380. [ 2S MR. ENGE .LBP. ECKr: Yeah. My point being OCTOBER20, 1999 35. Page 41 - Page 44 Page'45 I right now thcy cvldentl~ havc a ddvcway on Blagg Road. I 2 mean, thelrddvewayisrightdown'°nto'BlaggRoad. So 3 when you're finished, tha'~ will still be'a piece of Blag$ 4 Road, their pavement there, and they'll come out on that, 5 go down to Trinity, and then up to Appaloosa and out. 6 Okay. 7 MR. SPAIN: yeah.. I think We*re very much 8 conCerned also about getting them out so we want to be 9 safe. ' 10 MR. ENG£LBP, ECHT: SO right now they're just 11 coming in from thc west. There's an easement you're doing 12 over on thc west side so they can get in somehow. 13 MR. SPAIN: Thc easement is on these two 14 lots. We are currently platting to try to sell those 15 lots. Those lots are huge. 16 MR. ENGELBRECHT: Mr. Williams, did you have 17 any-- 18 MR. WILLIAMS: NO, he answered my question. 19 MR. ENGBLBRECHT: All right. Is there 20 anyone else present to speak in favor of the petition? 21 In that case, is there anyone present to speak in 22 opposition to the petition? Yes, ma'am. Would you give 23 us your nm~le and address for the record, please. 24 MS. GIBBS: I'm Cecily Gibbs and I live 25 presently on South Fort Worth Drive. I work for the Page 46 I University of North Texas in the School of Communications 2 on Environmental Education and Projects. My concern is if 3 this is going to backup to the Trinity River and the 4 floodplain, what is going to be done to keep from those $ properties flooding in the future? We already have a 6 situation that the City is involved with thc developer, 7 and the Mayor of thc City of Denton involved with thc 8 devei°per that built in the'floodplain on the other side, 9 the west side of Loop 288. And the people are not happy 10 with the apartment complex that is built there because 11 every time it rains, they have water in their apartments 12 and they have. rats and everything else. And they are 13 really having a problem with this every time it rains 14 because the developer did not build the property up high 15 enough and the City allowed him to build in the 16' floodplain. And that is my concern for that. How is that 17 being addressed with the developer? 18 MR. ENG£LBI~CHT: we'll ask -- we will 19 addr~,ss that in a few moments. Thank you. Is there 20 anyone else present who would like to speak in 21 opposition to this petition? Anyone else present to speak 22 in opposition? In that case since there was opposition, 23 the petitioner has an opportunity for rebuttal. 24 MR. $PAIN: WC note that as a concern and uot 25 opposition. Because we'r~ adjoining the Corps, the Corps, .. 'CondenseltTM · .. -. · ' "."=P.~ia¢ 4'/ I by deed, ~ bought the majority or the property. They :2 also have.~n'ea~ernent up to the 537 contour Hne wMch is 3 generally def'~l on all of our plats and everything where 4 they*ye gone out in the field and locat~l'it. We cannot 5 do very much in that elevation line whlch is basically the 6 100-year floodplain or higher for the lake. So we am ? restrictext by that from there and all the way up Cooper 8 · creek and also qur south end which are our main flcod 9 areas. So our engineers will handle all of our on-site 10 drainage quite adequately. And, again, that was one of 11 the reasons we liked the center part with the low 12 densities because we plan to keep all the creeks open. I 13 think we have to come before y'all for approval of that 14 but our plan is to keep -- there's thre~ or four drainage 15 ways through there that we plan to back lots onto, have 16 parks onto, maintain them. But we're not planning any 17 major reclamation in the project. 18 MR. ENGEI.BRECHT: MI'. Rish¢l. 19 MR. RISHEL: In other words, you're not 20 filling into anything that was currently the 100-year 21 floodplain? 22 MR. SPAIN: COrrect. 23 MR. RISHEL: Thank you. 24 MR. EIq6£LBRECHT: That being the end of the 25 rebuttal, the public hearing is.91osed. Mr. Reed, do you · ' Page .48 I have any final staff remarks? 2 MR. REED: DO~S anyone elsa have any 3 concerns about the comment or the concern addressed by 4 the lady and how, what -- her concern is about existing 5 development on the west side of the Loop or what I'd say 6 is on the inside of the Loop and how this development 7 would actually occur? There's a big difference between 8 those two. We today have regulations that clearly 9 handle that type of development close to the floodplain. 10 The development that she's talking about occurred back 11 when we actually didn't have these stringent standards. 12 Okay. 13 I'd just like to point out that the zoning 14 Ca~ Z-99-046, the 47.3 acre propeix'y on the south side 15 of McKinney is a PD. YOU will see a detailed plan come 16 back for that so it's at that time that you'll approve 17 the exact site design of the property. And as I Ill indicated in the staff report, recent cases for smaller 19 lots with PD ~-oning designation have had s6m¢ cond{tlons 20 but we've done that at the detailed plan stage because 21 it makes sense to attach conditions specific to a site 22 design as opposed to a general conCept. So I just 23 wante~ to point out that you will see a detailed plan 24 come forward for that piece of property. !25 Contrary to that on the r~maining 410 acres 3 6. Page 45 - Page 48 PLANNING AND ZONING OCTOBER 20, 1999 , . CondcnsoltTM '.. I bctw~m ~s.~s0 and 426, is it, or between U .m.'vo-slty a~d I transpo .rt~.~ion issues, they can t pour any coner~te ~'ut 2 Mcg~n,~,, that is for straight zoning. Tho coadi~ons 2 tberc and start building. 3 that staffhas a~ched addr~sc~ t~ coacc~ of thc 3 . '~'i~.. D: Actually, it says that thc 4 concentration of traffic and thc adequate facilltic~ to 4 building pernuts cannot bc issued " ~ handle h'afflc l~merated by this development. Wo think ~ MIL MCNEILL: Right, Cannot be issued. 6 it's fair to attach thc conditions that we've stated in 6 MR. REED: A plat can b8 approved and roads 7 our staff r~port. We fccl that thc ratuest is consistent 7 and other public facilities can be put in. 8 'with our Co. mprchcnslvo Plan. And wc recommend approval 8 MR. MCNEILL: okay. All right. I don't 9 with thc conditions atta¢t~xl. 9 ha.v6 a problem with that then. Thank you.' . 10 ~. ~OELBS~vc~rr: ~vir. McNcill. l0 MR. ENGELBRECHT: Yes, l~,_r. Bueek. 11 ~ Ma,~tu ~ had a question on your 11 MR. BUCEK: I don't want you to lose sight 12 rccommcndatioas here that's in our backup matcrlal. I'm 12 of the fact that thc Srnlth tract that you had here the 1 $ confused that wc'w got so many clPs and plans. What 13 other clay, they don't agree with what our opinion is. 14 is thc 1998 Denton Plan Policies? 14 We believe that on the detailed plan we can make th¢~c ! 5 ~ I~E~. ~'hc Dcntcon Plan Policies arc 15 kind of changes. Their argument to you was that if you 16 attached to thc staff report and th~'tc Encinsurc 6. 16 didn't have it in thc concept plan, you weren't going to 17 Enclosure 6 lists thc policies which va:re adopted back 17 be able to change it later. Rcrncmber thclr attorney was 18 in1998, lt was t~c last quarter of '98. lg here. So just to let you know, it's not an open and 19 ~ MCh~LU okay. Tl~n my s~cond qu~tion 19 shut issue with us. And so certainly the issues that 20 on your conditions, number one and two, I'm talking about 20 lvlr. Spain had mentioned about all the open space that's 21 tho 46 now, if this is going to como back again, tl~n why 21 going to be in the 5,500 square foot lots, thaPs an 22 are we putting these r~trlctions on ther~ at this time 22 issue that you wait to the detailed plan and there's 23 about the building pa'mits and tho roadway components and 23 always some concern on the legal staff if Mx. Spain sells 24 so forth? What's ti~ logistics of putllng that on at this 24 OUt and the next d~veloper, will he take the Art Anderson 25 point instead of waiting until the detailed plan comes 25. approach on the Smith tract that you don~t have any say. Page 50 Page I back? 1 So you've got to be comf0rtable'with what you do on t'ha 2 IvlR. REED: This right here do~s not tie the 2 issue. 3 develol~r down to a condition which restricts his exact 3 MR. ENGELBRECHT: Thank you. Mx. Moreno. 4 s~te design. These conditions address the overall 4 MR. MOP. ENO: YeS. Mx. Reed, I didn't fully 5 property sum. As he mentioned, this is part of a $ understand which development Ms. Gibbs'was speaking to 6 propa'ty which has -- excuse me for hcsltating -- some 6 that was having the flcoding problems. 7 700-plus acres. When we have a large development like 7 MR. I~£D: I believe she was referring to a 8 this, the City has the ,opportunity to look at it 8 property that's not even adjacent to this property here 9 comprehensively and address the concerns of adequate 9 but is on the inside of Loop 288. I believe Jerry Clark 10 transportation facilities. I0 knows the apartment complex that she is referring --the 11 We actoally did this for The Pr~rve, Ivlr. I 1 Singing Oaks -- Spencer Oaks. And they're immediately 12 McN¢lll, which was prior to your term her~ on the P&Z 12 adjacent to the Loop, aren't.they, north of McKinncy? 13 Cow.~sslon. With The Preserve, which was a PD. We 13. .MR. ENG£LBRECHT: It's ac. ross from the power 14 actually attached to the zoning an improved TIA which said 14 plant. 15 that as each tract developed, cataln transportation 15 MR. MOP. ENO: That's a fairly new 16 irnprovc-ments would be made. And, again, for large 16 development. 17 developments we're able to look at the overall impact it 17 MR. RE£D: Okay. I was referring to -- 18 has on our transportation facilities. Wber~as, whan we 18 MR. MOP. ENO: And I thought that's what she 19 have a small tract, say, 100 acres which has a frontage on 19 was talking about so I didn't understand, why the 20 one road or maybe two roads for short distances, we 20 standards were different just a year or two ago than 21 typically den~t get into that because it's a 21 what they are today. 22 straight-forward issue which is handled during- 22 MR. RE£D: I'm sorry. I was referring to a 23 subdivision. 23 different apartment complex. 24 MR. MCN£1LL: what those two conditions are 24 MR. CLARK: well, obviously we n~,A Mr. 25 basically saying is until we resolve thes~ 2~ Ho¢lting here beeause he's running the drainage but I'm PLANNING AND ZONING OCTOBER 20, 1999 Page 49 - Pag~ 52 -4.7 4 $ 7 $ Il ]2 ]$ ~7 20 21 22 23 24 25 .......................... Condeas~ItTM · .. Page 53 not aware, I haven't received'any Calls of what We'r~ talking about on the drainage on this. So ff them is a probl~n, I'm not aware of it. But, ob~,iouSly, Mr. Heelting and the utilities runs drainage now. MR. l~n; Thank you, MR. ENO£LBRECHT: Let me interject one item he~ I think right now because we don't get as much of .that drainage information as we used to since ' engineering is not directly doing that the way they us&l to. I would llke for you to go ahead and check on that, Jerry, since Mr. Hoclting isn't here. Find out if we do have a problem out there at Spencer Oaks becaus~ that is a new development. That's not even two years old. MR. ClAI~: Okay. I'll bring you a report MR. £NGELBKECHT: Okay. Thank you. MR. MCNEILL: That doesn't affect this back. issue? MR. ENGELBRECHT: NO, no. But there shouldn't be a problem out there. Okay. Ms. Gourdie. MS. GOURDIE: Thank you. I would like to know if this is the appropriate time or not and maybe you can help me, Wayne. In straight zoning is strictly the SF-?, blah, blah, blah, and concern with Mr. Bullard's concern about the property being up against th9 ?v with a Page 54 I Light Industrial. I know that in the Unicorn Lake 2 property we had a buffer of, I guess it was 50 feet up to 3 100 feet placed as a condition on the property. Would 4 this be the appropriate time to bring something up like $ that to help divide the Light Industrial from the homes? 6 MR. REED: Yes. 7 MS. GOURDIE: Okay. Thank you. 8 MR. E~C}£L~ch~r:. Mr. Williams. 9 MR. WILLIAMS: Yes. I like things clear-cut 10 and I'm having some serious concerns about the amendment 11 to the Mobility Plan because I don't like to be involved 12 in anything that I'm not. in control of.and tho. developer 13 has no control over' the Denton'Mobility Plan~ And I'm 14 very concerned that it hasn't been sent to Council since 15 there was a recommendation or it hasn't ~ mentioned 16 it's going to Council. It's sitting someplace. And can 17 somebody explain to me, am I somewhere out in left field 18 of what's going on here becau.~ it's ~ passed by this 19 Commission; however, it's sitting somewhere -- it's 20 sitting somewhere. 21 MR. ~i'G£L~REclrr: we just asked staff to 22 address that and-- · 23 ~ BUCEK: bet me be sure you understand the 24 process. There are a lot of cases where someone will come 25 in here with Ag zoning and will ask you to recommend s~-? .. 5. ',Page 55 I to the City Council, And then for whatever reason the 2 deal falls.fl-..zough and it never goes to City Council. The 3 same_, thlng~ a it6veloper can come in and ask that the 4 Mobility Plan bo amended based on, lik~' in this case, the $ zoning case is going to come forth. For whatever reasen 6 if the developer doesn't want that to go to Council at 7 that time, we never know if the development has died, Mr. 8 Williams, or'what has happened. But it's the call of the 9 ' developer ifhe wants to take forth his sugg~ted l0 amendment. 11 I think, and we can have if you want the 12 developer to respond. I think the developer wants to 13 take them up together, I'm assuming, or lias another 14 plan. But we can't require the developer to take that 1 $ amendment to the Mobility Plan up to Council if he 16 doesn't want to. The only issue before us today is the 17 zoning and the Mobility Plan issue comes up at the 18 platting stage ultimately. Ultimately, when it's 19 platted -- 20 MR. WILLIAMS: I'm reading what I have here. 21 It says conditions and so I'm trying to get some 22 clarification on this because, like I said, I like things 23 cut and dried, either aye or nay because all these -- 24 MR. ENOEt. n .P,~CHT: Good luck here. 25 MR. WILLIAMS: -- conditions, and this Page 56 I condition to me is rather weird b~cause i read the 2 Mobility Plan and I understand what you're saying that 3 the developer needs to take it up. But it says -, but 4 I'm still kind of confused. Maybe somebody can explain to '5 me who was here and voted on this where it wOUld be dear as mud. 7 MR. nUCEK: ret me take a shot at this 8 issue. I think what staff is trying to do by those 9 conditions, I think they're trying to put the developer 10 ca notice that when you come in for your plat, you're 11 not going to have a plat recommended for approval if 12 these issues aren't resolved. And so that's why that's 13 · in there. But what I'm saying to you is at any point 14 that the developer has thc zoning he desires, and in 15 this case these are straight zoning categories except 16 for the ?D, ence he has that zonlng in place, be has the 17 gght to como in with the plat. When he comes in with 18 thc plat, fight now he's moving with the Mobility Plan 19 the way it looks today because there has been no 20 recommendation taken to Council. And so the qucation is 21 v, tem that road falls in his SF-7 or his 8F-10 or 8F-13, 22 he's taking a risk. And that's what those conditions 23 are intending to do. But, Wayne, you may want to say 24 more to that. I don't know. Is that correct? 25 MIL REED: Yes. PLANNING AND ZONING OCTOBER 20, 1999 Page 53 - Page 56 l 2 3 4 7 8 9 i0 t! 12 ]4 17 ~8 t9 2O 2] 22 24 25 1 2 4 $ 6 ? 9 i0 11 12 13 14 16 17 18 19 20 21 22 24 25 .., CondcnseltTM MR. wmuA~s: okay.. Becaaso I'm having some problems -- because I don't think D~ton's infrastructure is ready for this dcvclopment and I guess that's where I'm having a big problem. · MR. REED: Commissioner Williams, I then if I could explain that these conditions address 6 your concern. I'll makc my example what I learned from 7 The Preserve. We as a community alto.had a concern 8 about how'Thc Pre~c would impact transportation in 9 ' thc vcry southern end of our community and also that it i0 was in thc area designated for Lakeview Boulevard to 11 touch I-BS. And so we hcld their feet to thc irons also 12 and we worked closely with that dcvclot~r to insure that 13 as building permits were issued, increasing households, 14 increasing trips generated~ putting more vehicles on our 15 roads, that adequate transportation facilities w~rc put in 16 place prior to thom homes being put in. 17 What wc'm doing with this condition is exactly the same. We're saying before you can get any 19 building permits, a traffic impact analysis has to be 20 approved and a TIA, or traffic impact analysis, outlines 21 what the developer will install prior to tbes~ building 22 permits being issued. What does that glvc us as a 23 community? It gives us some piece of mind that we're 24 going to have adequate fac!litles to handle the traffic 25 : page 58 that they generate. So we're saying that there's a relationship between this land use and thc public 2 interest of adequate transportation facilities. But 3 secondly, wc'rc saying we're only going to require of you 4 a fair share of the development or of the transportation. 5 The fair share is what thcy generate. 6 MR. ENGELBRECHT: Other questions? Yes. 7 The Condition 3 on 07.2~ h. as to do with -- cxcuse mc, 8 Condition 2. Yes. That's thc brldgc over Cooper Creek 9 and that's thc creek to the north. Okay? MR. REED: That is correct. MR. ENGELBRECHT: Is thcrc any rca.son why that isn't put'on 3, ~S WCll? I mea~., put on the other case? MR. REED: Thc reason why is this, it's not contiguous with that creek crossing. And staff would like to point out that actually that is called out for the Case No. 72 simply to, again, put the devcloper on notice that that is part of tiffs consideration of transportation improvements. It actually will be addressed in thc 'PA as part of the TI~ But I th;nk we're clarifying it as a very important component that has to be resolved. M~ ~O£LBRECHT: well, this is even a more dense piece than if you're going to get north to 350 and 1 2 3 4 5 where and how ~m the.~ folks going to get out 0fh~. They're either- going to have to go 380 or thcy're goin~ to have [~'igo'McKinncy. And we'd prefer they go 38~ I thlnk because that's gning to keep thelh out there and keep them off thc loop. And so to mc, that bridgc is just as important for this plecc because thcy'rc not going to go south. Wc'vc got no bridge and we're not going.to have one for a wMle, whidh wc really need to work on that if this is going to be an important whole development over here. The City needs to do'it's part but wc need to make sure wc've gSt those other pieces and I don't understand why that component wasn't in this one, as well. Ivm. REED: It would be fair to put it in that one. MR. ENGELBKECHT: The ot~er question I had has to do with there's no mention, as lvfr. Bucek pointed out, therc's this issue of if you approve a concept plan, what room do wc have to maneuver at the detailed plan schedule? There is no mention I believc of open space in thc PD. I recognlzc that wc have a park across thc strcct but that is ultimately across a four-lane street, road, highway. And was there consideration given by staff to require that therc be some requirement for some.open spacc in thcrc, at least in a statement of · Page the percentage? And they can spread it out however or ' in some manner. MR. DONALDSON: We would like to do that but we don't have the tools right now in our codes to require it. MR. ENGELBRECHT: This is a PD. MR. DONALDSON: It's not a required piece of information in our code. MR. ENGELBRECHT: Okays for that reason it's 10 not. 11 MR. DONALDSON; It's more a legislative 12 function than an administrative function. 13 MR. ENOELBI~ECHT: Okay. In that case, I · 14 will simply ask of staff from your professional 15 perspective, what would be an appropriate portion of 16 open space in a PD with Single-Family of $,$00 square 17 foot lots? 18 MR. REED: Could I ask first for a 19 clarification? Are you asking for public open space or 20 private open space? Private being, one, an area which 21 is maintained by thc Homeowner's Association. 22 MR. ENGELBRECHT: Yeah, I'm talking about 23 Homeowner's Association. I wasn't thinking of it b~ing 24 dcdieated to the City or anytMng else, but open space 25 such that thcrc's some in there. PLANNINO AND ZONING OCTOBER 20, 1999 Page 57 - Page 60 5 6 7 lO Il 12 14 15 16 17 18 19 20 21 22 23 24 25 .:~ COndonsoitTM MR. BUC. E~'. Wayne, let me be sure that I'm ' 1 clear to respond to that. Do we have a *~ on my copy I 2 don't have the concept plan on the I'D. no the 3 Comm;~oners have that? 4 MR. REED: There*s actually the concept plan 5 is Enclosure 1. 6 MR. MCNEILI~ It's the same as th~s colored 7 one here. : ' 8 MR. RSED: And it d°es show the ~atim property but it calls out that Parcel. And I did, because 10 this is such a small print, include a second page which 11 blew up tho land use table. TMstahierighthcrcshows 12 everything that's required for a concept plan as far as 13 minimum area, setbacks, and such. 14 MR. BUCEK: Thc only part of Enclosure 1 that 15 really relates to this zoning case is that part that's 16 south of McKinney7 17 MR. m~ED: Correct. And if you look on thc page 9, it's referred to as Parcel E. 19 MR. BUCEK: Okay. 20 MR. MCNEILL: Parcel P or PHI? 21 MR. mS~.V: 'rhcrc is a formula in our park land 22 dedication which calls out that, I believe -- 23 MR. DONALDSON: It's rougl'fly one acm for 24 each !40 housing units to meet our neighborhood park 25 'Page 62 I criteria. 2 MR. ENGELBRECHT: So basically that would be 3 two acres in this particular case. 4 MR. DONALDSON: A two-acre minimum. $ MR. ENGELBRECHT: My concern hem is, as Mr. 6 Bucek pointed out, if we have not asked for the open ? spa~ up front then we could have some difficulty in 8 requiring it on the detailed plan if it was not stated 9 on the land uso summary. I0 MR. BUCE~: Right. Now, some of the concept 11 plans you get don't show open space and they'll just 12 have an asterisk and they'll say a f. ertaln percentage 13 will be that. But you have gotten some, and the problem 14 happened on the Smith tract, I think that they showed 15 the open sPace. I'm not sure but I believe they did. 16 So there's no question once you show it, it definitely 17 becomes a question about can you do it on the detailed IS plan change the boundaries of that. So it may be a plus 19 to you that it's not shown but I tMnk the issue that's 20 here is that w~thout any stat~acnt oi' concept in thc 21 concept plan about any open space required, the 22 statements that Mr. Spain will do us no good when YOu get 23 to the detailed plan stage. 24 MR. DOlqALDSON: Another criteria that you 25 could use is that for a manufactured home park we PLANNING AND ZONING :: ~'P. ',age 63 require that eight percent of the land be set aside as open space..:- . ~ I~O~.LeRF. CHT: And eight percent in this case would be? ' ' MR. DONALDSON: Three and a half acres, MR. I~TGELBRECHT: SO we could go somewhere, for example, s~y a minimum of three acres be set aside for op~ space? .. Ms. GOURDIE: TO accommodate for the higher density. MIL ENG£LBRECHT: Right. Another question, Mr. Rexxi, I notice in thcs~ we always get this business of you have a recommended motion and it always has this part about that it's consistent with the Denton Development Plan, it's consistent with the Denten Plan Policies. And, in fact, almost always you have at best -- there's always one cheek mark that's marginally consistent or even once in a while, an inconsistent. And so ff the motion is made in that manner and we don't ~ with all of those, we'd have to vote against the motion, wouldn't we? MIL PEEn: You would change the motion. MR. ENGELBRECHT: Or we could ask for a friendly amendment. But I guess my question is why do Page 64 I yOU do that? Personally, I'd just as soon see those out 2 of there. It would mako tho motion a lot shorter. 3 MIL REED: I'd be happy to do that. 4 MR. ENGELBRECHT: And we're not always sure 5 whether we agree with that fact that it's consistent or 6 not. Maybe other Commissioners disagree with me. 7 MS. GOURDIE: We agree. Here, here. 8 MIL ENGELBRECHT: And in this case, all of 9 thcm l don't -- it just didn't secra to be neeessary. So l0 you believe that there's not a problem with putting -- 11 MIL REED: Well, I guess the reason why I put 12. it in there, and I definitely understand why you don't 13 necessarily agree with any or all of it, is you have to 14 plan or zone consistent with the Comprehensive Plan so 15 there has to be a basls for your motlon. That'sthe 16 oaly rcason I put it in there. So I'll be happy to take 17 itout. So you take it out, you kind of make your own 18 findings. 19 Mit_ Elq'OI~LIIRIiCI4T: go we can -- staff I:~llevea 2O that we could put three conditions on the ?D, as well as 21 on the other one and that we could request open space 22 without a problem? 23 MR. BUCEK: correct. 24 ~ E~OELeRECh'T: We probably should if we 25 .v,.~-~ *o see open space and want to ensure we have open OCTOBER 20, 1999 40. Page 61 - Page 64 Page I space at the detailed plan sta~e.. Yes, Mr. McNcilI. 2 MIL McNEn. I.: I guess I havca question now 3 that you'vc rals~ that question. What is our authority 4 to rcqukc h~m to havc open space? $ MIL l~'n: TO prevent the overcrowding of 6 population would be one. 7 MR. MCNEILL: Is that in an ordinance or in S the zoning requirement7 9 MR. i~£D: lhatis actually part of our 10 Zoning Ordinance. 11 MR. MCNEIL~ But that's -- is that hard and 12 fast or what's the rule for that? 13 MR. BUCE~: I think the way it works is if 14 you're on straight zoning, we have what we call 15 conditions you can add to a straight zoning ease. 16 There's like 15 and one of those is landscaping. Well, 17 on a PD you throw all of that out and you can come up with 18 any conditions you want. But, generally, it always 19 includes those same 15 can be in there and so it's part 20 of the landscaping issue is'the way you would handle 21 open space. 22 MR. ENGELBRECHT: But then where did you get 23 the number -- you're going to recommend three acres; is 24 that what you're saying? 25 . MR. ENGELBRECHT: The thr~ acres came from ~.. Con&ns~ItTM ., 1. dcdlcefion. -'Y~-P~ge 67 2 .M,JL MCNEILL: B~aUSe I don't have a probl~ 3 ~ ~ I j~ don't ~t ~ ~ ~bi~y ~ng we 4 w~t a p~k ~. ; $ ~ ~N~SON: NO. 6 ~ ~GE~C~: TO exp~d on my ~t a 7 li~e f~, I ~ a~ut ~s ~ wc ~ 8 . s~ply, ~ it's propo~ ~ it's ~ to us, it 9 d~ not ~ ~y o~ ~. ~s is~ d~ ~ 10 m~ufac~ ho~ing, $.5, ~,500 ~c f~t lots. ~e I 1 p~k in ~1 of ~t ~ is on ~e o~ side of. 12 Mc~nncy, ~fo~a~ly. I~ would ~ ~t if ~c w~ 13 a~ ~ ~e ~s l~d from ~ but ~c~ i~'L 14 M~ M~EILL: YO~'~ ~n~ abou~ for ~c 1~ URIc pi~ at ~c boRo~ on 46. 16 ~ ~GE~C~: ~t. ~ ~at o~er one, 17 ~t. Andsotogetto~op~k~c~fo~,wMch~c 18 mo~ d~ ~ ~y of ~ ~vc got ~ cm~ what 19 ~t~a~ly ~1 ~ a fo~-l~c r~ wMch is not t~ 20 g~. In ad~on, I would have ~Rle doubt ~at tMs 21 dcvelo~r ~11 ~ ~at ~e~'s o~ ~a~ in thcrc. 22 ~re ~1 ~ a clubbed. ~ ~ ~ some~ng. 23 And ~cre ~1 probably more ~ ~ ac~s. But ~cy 24. may ~11 it tome=ow. ~d ~e next ~y comes in, ~ 2~ ~ ~c S~ ~ct, and ~ys, hcy, ~at w~ not p~ Page 66 i a recommendation. 2 MR. DON~,mSON: Eight percent of 48 would 3 actually be 3.8 acres. 4 MR. ENGELBRECHT: Right. And I was sort of 5 splitting it. 6 MR. MCN£1LL: But where did you get thc 7 eight percent? 8 MR. DONALDSOn: Bight percent is an open 9 space requkement that we have in our Manufactured Home 10 Park Regulations. 11 MR. MCNEILL: But this is not manufactured 12 homes. 13 MR. DONALDSON: The density actually would 14 be very comparable. And then on the other side in our 15 Park Land Dedication Ordinance, thc formula is roughly 16 one acre per 140 homes. That's in the Park Land 17 Dedication Ordinance. 18 MR. MCNEILL: And that's really the -- 19 that's the question I had. Does that park land z0 dedication apply to this property? 21 MR. DON, al r~$ON: It will unie&s they address 22 it otherwise. They have the opportunity to make 23 donations uf land and that may, in fact, be appropriate 24 or an option for them in another part of their tract to 25 satisfy. Any number of ways to satisfy park land 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING OCTOBER 20, 1999 Page of the detailed plan -- I mean part of the concept plan ' so I don't have to do anything but just stick 5,500 square foot lots in there. And this just assures that no matter who has the land when, there has to be some open space. Me,. m~EO: If you're interested, I do know the formula for the park land dedication. If you want to compare why the manufactured home development would have to supply -- MR. ENGELBRECHT: Mark indicated it was one acre per 140 lots. MR. REED: It's 2.5 acres times the number of dWelllng uhits times 2.8 persons, divided by 1,000, you get the acres. That's the exact formula. MR. E~O£LBREchrr: Roughly 140. And then that would be two acres beceuse there's 280 proposecl units here. And then the park land -- the manufactured housing condition puts us up to 3.8 so I don't know. I threw out three acres, that's a compromise in between. MP,. MC'NEILL: I can livo With tha. t, MR. RISHEL: It may be amended to four. M~ ~o£LSmScirr: eight. And I'm not making · the motion anyway. Are there other questions? Mr. Rishel. Ma. IUSHED l just wanted to make sure that Page 65 - Page 68 ? 8 10 11 12 14 15 16 17 18 2O 21 22 25 Page 69 Mrs. Cdbi~s got her question answered and was .. MS. OIBB8: I do know this Federal government rullng they have to have certain amount of green space and that's why they put the senior citizen 6,000.00 unit on hold because they wanted to include the golf courses as MIL RI.qHEL: My question was did we get your other question answered. I didn't know wc had another qu~tion. Do you have another question? MR. ENGELBRECHT: NO, no. Let's not take that question up. MR. IUSHEL: Okay. Thank you. MIL ENG£L. BRECHT: okay. Are there any other .......... ~ohdonsoltTM · .. . ': ' '- ':-':.Page 71 I ~ ElColmna~cn-r: ~ight. Mr.'Donaldson. 2 I~...'OONALOSON: 'lbo question is whelher you 3 want to atta~h'~'condh~on to tho rczld~ntial 4 d~ciop~t ~hat buff~'s tt~ oth~_ us~ or ~i~:n the 15 otl~r land do~ d~velop, put conditions on that that 6 pro,:ets tho n:~ia,~_ tlal that may b~ 7 Ms. Ootmot,~ well I'm under lbo imp~sslon 8 that it's sirmdy ~ -~ tl~ c~ncept plan, tboY'vo 9 .' already set up the ~ordng, you said C,~eral Retail, you 10 saldLightlndaslrinl, and you saM Multi-Family. $otl~ I 1 zoning is almacly in place. It's now just coming ul~ 12 through wlth a concept plan; is that correct? I m~an, the 13 detailed plan. And if wo'r~ talking about issu~ of questions? MS. GOURDIE: I would like to just know on the straight zoning, the 72, if anyone else would like a condition that is what we've done before where Light 14 prcvlous zoning cases, wc might have a problem whlch these 15 r~sidcnts might not b~ protected because we've already got 16 the zordng in place. Coald they not easily say, boy, lt's 17 not part of the concc-pt plan? Industrial PD'$ and so forth are backed up against Single-Family homes. Since wc have talked about landscape as being an opportunity to put into the concept plan, I would like to see us put maybe a 20-foot landscape buffer and then maybe, depending on what the property is, up to a 100-foot buffer, which I guess includes part of the parking lot between the homes and the PO itself. MS. APPLE: Question. Page 70 I MR. F~O£t, Bl~Clrr: Yes, Ms. Apple. 2 MS. APPLE: That other is not in development 3 yet thot~gh, is it? So would we be putting a condition 4 on something that's not set in stone yet? You know, if 5 we put a buffer condition on them, what if the people -- 6 MIL EN(}ELBRECHT: Como back and replat. 7 Well, it can be -- in that statement it can be 8 contingent on tho zoning. So if the zoning changed, I'm 9 sure, could it not? Couldn't you put a condition on the 10 sr.? buffering the -- 11 MR. DONALDSON: well, it's a timing issue. 12 If the residential develops first, then we don't knOW la what the adjacent land use would be. 14 MIL BUCEK: The Bullard tract is zoned what? 15 Is it zoned LI? 16 MIL DONALDSON: It's within the old PD-126 17 and it has General Retail, Multi-Family, and Light 18 Industrial zone districts in it. 19 MIL BUCEK: Right. And he will ultimately 20 -- hc has a concept plan. Ho'Il have to come back with 21 a detailed plan when he docs that pm. And you can 22 look at that on his end and the question is do you want 23 to do it on-- 24 MR. DONALDSON: TI~ residential side or do you 25 want to do it on the industrial side? 18 ~ nvcr~:: well, I think your comment, why 19 your comment has merit is that it's zoned Agrlculmral 20 now which would m~an you would have one-acre lots and on 21 a one-acre lot ti~rc would bo a buffer between you and 22 him regardless of what !~ did. When you go to smaller 23 acreage, and I can't remember- what the acreoge is fight 24 now, them is some meant for that but, you know, without 25 having that concq~t plan in front of us, I don't know if Page,72 1 we've already put a buffer in the other case. Do you 2 recall? 3 MIL DONALDSON: I don't recall. 4 MIL BUCEK: And you're fight, when he comes 5 in for his detailed plan he may take the Smlth'tract 6 argument and argue he doesn't have to buffer. I mean, 7 you never know what will happen depending on who the 8 developer is. 9 MS. GOURDIE: Okay. Thank you. 10 Mil.. ENGELBRECHT: Traditionally, we have 11 requested the buffers on the conuncrcial, industrial. 12 The problem you would run here is if you put that 13 condition on, the.~'am SF-7'$. Ali the,~ little 14 homeowners are going to have these rcqukernents to 15 maintain a buffer yard which we've never really done. 16 We've never done that. As a matter of fact, I've argued 17 against a couple of those where they tried to do it at 18 Windsor and Bourdc Brae. They were going to put a fence 19 on the re~identlal side ~ a buffer. 20 MS. COUP, Dm: I just don't want to hear any 21 complaints out of no one when they start smelling those 22 restaurants right in their baekyard. I don't want to 23 hear it. 24 MR. ENO£LeR~c~rr: Mr, McNcill. 25 MtLMCNEILL: Yeah. I guesswhat I'dlike PLANNING AND ZONING OCTOBER 20, 1999 ~ Page 69 - Pa_~J2 1 2 3 4 $ 6 7 8 9 10 !1 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 1 2 3 4 $ 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 · Condons~ItTM '" Page 73 to say is we shouldn't put thc buffer requhc, ment on thi~ residential development. If the buffet is going to be required, it should be on this General Retail, Multi-Family, and the Light Industrial. That's the 4 responsibility of them to havc the buffet, not on the residential. 6 MR. mai-mD we agree with you. 7 Ma. I~OELltP, Eorr: .lea-. Williams. 8 MR. WILLIAMS: Yes. I would definitely like 9 for the Commissioners to look very, very elosdy at the 10 traffio conditions and the City. I know we ar~ a can-do I 1 clty but sometimes we may not be ready. And I would 12 like for Ils to look very, very closely at the 13 infrastructure. My daughter is only 17 so it's been 14 less than a year since I've had to drive and take her to 15 Ryan every morning. And, basically, I really don't 16 think our infrastructure and with the -- looking at the 17 coming up bond election, the bond package, I think we 18 may be ready. But tonight, I don't think -- and it's 19 not a reflection on Mr. Spain at all. I just don't 20 think we're ready for this. Our streets and traffic is 21 ready for this zoning, change in zoning tonight. 22 MR. ENGELERECHT: All right. Any other 23 comments? 24 MS. APPLE: I'm ready to move. 25 Page 74 MIL EN(3ELBRECHT: /Mid we would need to take each ~ individually for the motion, recommendations. School i, so Oongmed, io pa woula ~Oms ~ of ev~y furlong moue ~you do, wo~d you pl~ ~g yo~ h~d ~ I'm ~o~g a ~t ~ hem now, ff you have ~y o~er ~. Y~, ~. Wi~. ~ ~S:' we ~ yotlng.on 046, about ~at. ~ ~GE~C~: Okay. Pya got my ~. Any o~er ~t? I would l~e to ~k s~fjust b~efly, do we ~ow ~e -- ~d Je~ had to l~ve, do we ~ow approxlma~ly what ~e ~h~ule is for Me~nney for 380? I ~ow ~t it's mov~ up in ~e seh~ but I don't ~ ~ &~. Ij~t waned to ad~s ~at to ~. W~. M~ ~S: No. In o~er wot&, my s~t w~ inapprop6a~. I'm ~ng about 46. M~ ~LL~S: what I ~id w~ to~lly inappropfia~. M~ ~GELB~CHT: M1 fi~t. Any o~er Page discussion? In that case, vote, Plea~. Motion carries ' unanimously. All right. How, we move onto the second MS. APPLE: DO you want me to take it in the order of the Agenda? MR. ENGELBRECHT: Please. MS. APPLE: I move to recommend approval of Z-99-072 subject to the following conditions: that prior to the issuance of .any building permits, adequate transportation infrastructure shall be constructed in accordance with the traffic impact analysis or approved by the Transportation and Engineering 3 Agenda item. Ms. Apple. 4 MS. APPLE: I move to recommend approval of 5 Z-99-046 subject to tho following conditions: prior to 6 the issuance of any building permits adequate 7 transportation infrastructure shall be constructed in 8 accordance with the traffic impact analysis approved by 9 the Transportation and Engineering Department; two, that 10 the amendment to the roadway component of the Denton 11 Mobility Plan that proposes a new corridor south of · Department; that a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved; and, finally, that the amendment to the roadway component of the Denton Mobility Plan that proposes a new corridor south of Mills Road for Lakevlew Boulevard to tho west of the existing Trinity Road is resolved. MR. RISHEL: second. I~IL I~raELEP. ECHT: Okay. It's been moved and seconded to recommend approval with the conditions as outlined by staff. Any discussion on the motion? Yes, Ids. Apple. MS. APrLE: l just want to say in response to th~ comments that Commissioner Williams made, 18uass my feeling on it is because, like McKinuey Street where 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mills Road for Lakcvicw Boulevard to the west of the existing Trinity Road is resolved; and, three, that a minimum of thr~ and a half acres 1~ set aside for private open space due to the density. MIL MCNEILL: second. ~ RISI-mL: A friendly motion. Mil. lri, tOELEl~Ch"r: Pardon, Mr. Rishel. I didn't hear you. ~ mSrmL: A friendly amendment that what is two in the other thing that reads that a commitment of improvements to the Lakevlew Boulevard bridge over Cooper Creek as approved. I'd like that as a friendly motion. ~ ~'~O~L~P. ECRT: AS a friendly amendment? '1 PLANNING AND ZONING OCTOBER 20, 1999 Page 73 - Page 76 43. CondensoltTM I ~ RISHEL: Yes. 2 ~ ~o~sa.$~rrr: Ms. Appl~ you ~& ~ 3 motion. Basic~y, it's ~ - 4 ~ ms~u ~i~ it ~. 5 ~ ~o~: T~ b~ i~ ~t's ~ 6 ~ f~t c~c ~ ~s case. ~ ~. ~PL~ I ~ ac~t ~t f~y 8 ~t. 9 '. ~IL~ ~ s~ond ~ acc~t~t. 10 ~ ~G~LB~: ~ ~t. ~ you 11 bo~. So now ~ ~vc a me,on and s~ond ~ fo~ 12 con~ons. ~ ~ of ~ p~vio~ case and one for 13 3.~ ac~ mln~ o~n space. ~y &session on ~ 14 me,on? ~ ~at cas~ vo~ pl~sc. ~o~on c~ six 1~ ~ one. 16 ~. W~ voting in opposition) 17 ~ ~OELB~: ~d ~at conclud~ o~ Page 77 18 Agenda for this evening. Some have ask~xl with r~gard to 19 some discussion about our rules and I'm assnm!ng you would 20 like to see that on our next - 21 mR. DONALDSON': DO you want us to bring that 22 back for thc noxt mcctlng? 23 ~ MCNEILL; yes. 24 I~L DONALDSON: okay. 25 sia. ~o~ceP,~cn'r: All ri~t. Any other .! 2 And. Wben someone bas to jump in to be Co-Chair, I th/nk i 3 would'be n/ce for them to also know what they'r~ 4 responsible to do and what they can't 'do. 5 MR. MCI','EII~ It's not -- Vice-Chair, it's 6 not Co-Chair. 7 Ms. GOURD~' 'rlmuk you for correcting mc. 8 MR. MCNEILL: Yes. It's ~ntirely cliffcrcnt. '9 SiS. ~uSELsREcrrr: DUally noted. Mr. 10 Donaldson, did you get all that? Any other? 11 SiR. WILLIA3,B: Orientation for new 12 commissloncrs because I was very fortuhate coming on righ' 13 before the -- and when a person is coming on in November 14 would be totally in the dark. 15 MIL ENG£LBRECH'r: Wc don't have anyone 16 coming on at this time but wc will -- that's another item 17 for that is brlcf'mg for new personnel. Okay. That's it? 18 We're adjourned. Thank you. 19 20 21 22 23 24 25 Page 78 I input? 2 MR. WILLIAMS: ALSO, could you put what the 3 roles, one week, getting our material one week before 4 meetings. $ MR. ENGELBRECHT: Wc can talk about that but 6 we won't get it this time, 7 MR. WILLIAMS: NO. What I'm saying is could 8 it bo on our Agcnda~i?ms if we're going to talk about it 9 -- to discuss. l0 MIL MCNEILL: It will be part of the rules. 11 MR. WILLIAMS: Yeah, part of the niles to be 12 discussed. 13 MR. ENGELBREcHT: 'We can talk about that, I 14 can tell you thc staff-- 15 MR. WILLIAMS: I really don't care, because I 16 have a life outside of Planning and Z~.ning. 17 MR. ENGELBRECHT: Ms. Gourdic. 18 MS. GOURDIE: I would also like to know, and 19 being that we've got you as Chairman who's done this 20 beton: and Salty has bccn on a year and h~_~ ~ appointc~d 21 as the Co-Chair, and I'm not really sure how this works. 22 I'd like to also know what the Chair is responsible for, 23 what the Chair docs so we can everyone up to par as to how 24 the whole system works bccaus¢ I really don't think we 25 really know what goes on in your chair. And I think it OCTOBER 20, 1999 PLANNING AND ZONING Page 77 - Page 7 ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 (PD 179) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426), APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3 ACRES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-046) WHEREAS, Paul Spain, on behalf of Dieter Schwartz, has applied for a change in zoning for 47.3 acres of land from an Agricultural (A) zoning district classification and use designation to a Planned Development (PD) zoning district classification and use designation; and WHEREAS, on October 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 47.3 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development 179.(PD 179) zoning district classification and use designation with the approval of the concept plan attached hereto as Exhibit B and incorporated herein by reference under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Deparhnent. 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved by the Transportation and Engineering Department; and 3. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of tho oxi~ting Trinity Road i~ r~o. lwd. 4. That a minimum of 3.5 acres of. the property described herein is reserved as private open space, which is easily accessible to all residents of the neighborhood. 45. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. -SECTION 3. That any person violating any provision of this ordinance shall, upon conviCtion, be fined a sum not exceeding $2,000.00. Each day that a Pi:ovision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, w6rd, or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part so decided to be invalid or unconstitutional, 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 this ordinance shall become effective fourteen (14) days fi:om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the__, day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 4 6. Page 2 EXHIBIT A Field Notes for 47.3 ACRE TRACT south of McKinney Street (F.M. 426) All that certain 47.300 acre tract or parcel of land situated in the William Durham Survey, Abstract Number 330, Denton County, Texas, said tract being all of a called 'Tract I1' conveyed to McKinney Denton Property, L.P., a Texas limited partnership, by deed recorded in Volume 3128, page 0996 of the Real Property Records of Denton County, Texas, said 47.300 acre b-act being more Particularly described as follows: Beginning at a found ½' Iron Rod at the ocCUpied southwest comer of the herein descibed tract, said comer being South 86°55'27" East 7.0 feet from a Corps of Engineers monument marked P- 250-W; THENCE North 3°58. 25" East with the occupied West line of said McKinney Denton Tract and generally with a fence a distance of 2,340.84 feet to a found ½' iron md for the occupied northwest corner of the herein described tract on a circular curve concave to the Southwest and having a radius of 610.61 feet and a tangent bearing of South 55° 26' 27" East; THENCE run along the arc of said circular curve through a central angle of 8° 19' 16" for a distance of 88.68 feet to a found ½" Iron Rod; THENCE South 46° 46' 12" East in the south line of McKinney Street (Old McKinney Road) as described by deed in Volume .S page 366 Deed Records, a distance of 955.59 feet to a found Iron Rod; THENCE South 47° 27' 12" East with said McKinney Street a distance of 315.62 feet to a found ½" Iron Rod; THENCE South 1° 58' 17" West with the east line of said McKinney Denton tract and generally with a fence a distance of 1,472.35 feet to a Corps of Engineers monument marked P-250-C-W for the southeast corner of the herein described tract; THENCE North 86°55' 27" West with the south line of said McKinney Denton tract and generally with a fence a distance of 1,111.07 feet to the POINT OF BEGINNING, containing in all 47.300 acres of land, more or less. 47. EXHIBIT B ~ / Betty ~md Jock Lmey PO Box ~0~1 D~ton, TX 76206 S60 Dict:r Schwartz c;o NK & tU P~oper~e P.O. Box 941 Greensburg, PA 1550 550 I I /~tm. TX 78~0~ I I Dcvelopor: Tc~ra Bain: Inc. 700 Lakeview Blvd. Denton~ TX 76207 972-4105000 PO (ETS Existing Zone Typ. Land Use Summary Lakeview Ranch Denton, 'Texas 48. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 1, 2000 Planning Department ~/~ David Hill, 349-8314,~-"~'~J,4/ Agenda No. Agenda Item Date .~ ~ I' SUBJECT - Z-99-046 (Lakeview Ranch) Continue a public hearing and consider rezoning approximately 47 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property is located on the south side of MeKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. Development of a single-family subdivision with a minimum 5,500 square foot lot size is proposed (see Attachment 1). The Planning and Zoning Commission recommends approval (6-1) with conditions. BACKGROUND On November 16, 1999, Z-99-046 was continued to the January 4, 2000 City Council public hearing to allow the applicant time to address transportation related issues. Due to the residential moratorium, the case could not proceed on January 4, 2000. Relief from the moritorium was granted on January 11, 2000. The proposed concept plan for a maximum of 280 single-family lots with a minimum lot size of as5,500 square feet is the first step in the planned development process (see Attachment 1). A detailed plan would have to be approved prior to any development. The subject land area is located immediately south of 685 acres of contiguous land under common ownership, which is planned to be a residential community (see Attachment 2 - Enclosure 2 - area represented by the Lakeview Ranch subdivision and Z-99-072). Lakeview Boulevard may be extended south from its current location through this property and ultimately to 1-35 E through the Preserve development (see Attachment 2 - Enclosure 4). The subject property was rezoned in April of 1997 to an Agricultural (A) zoning district by Ordinance 97-107 (see Attachment 2 - Enclosure 2). It was rezoned in September of 1990 to Planned Development 126 (PD 126) zoning district by Ordinance 90-125. The property was annexed and classified as an Agricultural (A) zoning district in 1988. )~ The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and all of the 1998 Denton Plan (DP) Policies, except for the extension of new public water and wastewater lines (see Attachment 1 - Enclosure 7, Comprehensive Plan Analysis section). ~' Five (5) property owners were notified of the zoning request. One (1) response has been received. It in favor of the request (see Attachment 3). PRIOR ACTION/REVIEW The following is a chronology of Z-99-046, commonly known as Lakeview Ranch: June 2, 1999 - October 20, 1999 - November 16, 1999 - January 11, 2000 - Application Date P&Z Date City Council Public Hearing (Continued to January 4, 2000) Relief from the Residential Moratorium granted. Z.. 99-046 ('C 2 ttd Stc~If Rel~ort.r!oc ESTIMATED PROJECT SCHF~DULE The next step in the development process will be to submit an application for a detailed plan, which must bc approved by City Council. Thc subject property is not platted and will need to be platted prior to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are thc responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Cad Williams opposed) of this zoning request with the following conditions (sec Attachment 4): 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That a commitment for improvements to the Lakevicw Boulevard bridge over Cooper Creek is approved by the Transportation and Engineering Department; 3. That the amendment to the Roadway Component of thc Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakcvicw Boulevard to the west of thc existing Trinity Road is resolved; and 4. That a minimum of 3.5 acres of the property described herein is reserved as private open space, which is easily accessible to all residents of the neighborhood. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACItMENTS 1. Concept Plan. 2. Planning and Zoning Commission StaffReport, October 20, 1999, Z-99-046. 3. Property Owner Response (1). 4. Planning and Zoning Commission minutes from October 20, 1999. 5. Draft Ordinance. Respectfully subr~tted: Dou~ Powel[ - Director of Planning and Development Prepared by: Development Review Manager 99.046 ( ~(; 2 ~d SZ({L:['R~y~orLdoc o 2 , Mcl<kmey St. TX 76208 / ~,T~ PO'Box 60731 Denton, TX 76206 Dieter Schwartz c/o NR & PO l~ope~des, P.O. Box 941 Crreensburg, PA 15601 550 I I I I I Betty Loftey [ PO 9ox 507311 Dentoo, TX 7~.0~ Developer:. Terra B";% Inc. 700 Lakeview Blvd. D~aton, TX 76207 972-410-5000 ! I IPO B~x 5O731 /De~tcx% TX 76206 Existing Zono Typ. Land Use Snmmary ~-cel~ ~ l, andUs~ ~m. LotSL~ Max. Un~*,* Min. l~otl:)t~., l~m. LotWt~th Mia. l~tm~Ya~d ~a~SldaYa~,d Mia. P,t~Y~ud Lakeview Ranch D. enton 'Texas ATTACHMENT 2 PLANNING AND ZONING COMMISSION STAFF REPORT Agend~ No. Agenda Item Date Sub|ect: Lakeview Ranch (PD proposal) Staff: Wayne Reed, Planner II Case Number: Z-99-046 Aqenda Date: October 20, 1999 Continue a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 48 acres from an Agricultural (A) zoning district to a Planned Development zoning district using a concept plan that provides for a maximum of 280 single-family residences with a minimum 5,500 square foot lot size. .Location: ~LO.CATION .MAP · south:side of F.M. 426 .(McKinney Street) approximately 3,000 feet east of its intersection with Trinity Road. Size: 47.3 acres Z-99-0~6 PZ Staff Report 10-20-99.doc Applicant: Paul Spain Owner: Terra Bain, Inc. 2807 Brookshire Drive Southlake, TX 76092 Dieter Schwartz NR & RJ Properties, L.P. P. O. Box 941 Greensburg, PA 15601 Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. " Thera are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. ~ ~P~N £ Ti~i~ ~dl~ h' i'~i~t~i~d~d' t~ ~b'~ ~!~§t ~t~'l~'! i~'~i~ D ~'~°~'~ ~f°~la'~g~0~ long app~!m~mughfam Io~ns:;~[h~n t~e:bounaane~[:~e~sE~ctj DEVELOPMENT P~N - Th~ p~n is intended to be used most often as a se~nd step in ~e PD pm~ss. It includes the same info~mafion that is provided on ~e ~n~t plan, plus details as to the specific land uses and their boundaries. D~A]LED 'P~N -~]s plan is the final step in the pm~ss and is mqu~md prior to any devel~ment. ~For'smaller tracts or where final development plans am othe~ise known prior to rezoning, ~e-de~iled plan may be used to es~blish ~e dist~ and ~ ~e only ~md plan in the planned development process. It will contain info~afion sPed~c to the site. All'detailed plans should be in substantial compliance with landscape, sign, 'subdMsion and 'other regulations of the Code of Ordinances. When concessions from these re~gulations are'requested by a developer,':thereneeds to ibe-corresponding benefits that medt deviation.from those regulations. The proposed concept plan provides the m~n~mum intormation required by.the Chapter 35 of the Code of Ordinances ,(zoning ordinance}. Z-99-046 PZ Staff P, epo~t 10-20-99.doc The subject property is located immediately south of 685 acres of contiguous land owned by Mr. Schwartz, which is planned to be a residential community (see Enclosure 2 - area represented by the Lakeview Ranch subdivision and Z-99-072). The proposed development of the subject 47.3 acre tract of land is for small lots with a minimum lot size of 5,,500 square feet (see Enclosure 1 - Parcel E). The . request for a Planned Development (PD) zoning district will require the approval of a detailed (site) plan before any development occurs. Lakeview Boulevard will be extended south from its current location through this property and ultimately to 1-35 E through the Preserve development, ur~less the alignment is changed (see Enclosure 4). The surrounding land is undeveloped and is mostly outside of the city limits (see Enclosure 2). 1988 Denton Development Plan Analysis' The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about % mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. When connecting this request to the applicant's other zoning application (Z-99-072), staff finds the proposed rezoning to be consistent with both the policies and trip intensity standards of the t988 DDP (see Enclosure 6). 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating consistency of proposed development with the long range vision for the city. When connecting this request to the applicant's other zoning application (Z-99-072), staff finds the proposed rezoning to be consistent with the policies of the 1998 DP (see Enclosure 7). The draft Land Use Plan .identifies this property .to be within an "Neighborhood Center" area. The adopted Growth Management Strategy states that these areas are to be 'developed in an inwardly oriented manner with afocus 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 ~entral neighbo[hood "greens" and in--i~utional usessuch n.~.fire stations, schools, · libraries 'and hansit ~nodes. The -proposed land 'use 'is 'consistent '~vith .the intent of "NeighborhoOd Center" areas. · Z-gg-046 PZ Staff Report 10-20-99.doc 1. Transportation A. Trip generation The proposed development would generate approximately 2,674 trips per day if built out with 280 homes (an average of 5.92 lots per acre). This is .164 trips fewer trips or six percent (6%) less than allowed trip generation in a Low Intensity Area. Table 1. Proposed Residential Trip Generation Land Use Average Trip Average Acres Estimated Total Trip 'Generation du/acre Lots Generation Single-Family 5.5 (SF-5.5) 9.55 trips/day 5.9 du/acre 47.3 280 2,674 Allowed Trip Generation 60 trips/acre/day 47.3 2,838 Difference 6% below * Calculations provided by the Institute of Transportation Engineers, 1991. B. Road Capacity McKinney Street is identified as a primary major arterial road by the 1998 Denton Mobility Plan (see Enclosure 4). The future extension of Lakeview Boulevard south of McKinney Street is identified as a primary major arterial road. Therefore, both of these roads are designed to ultimately be six (6) lane streets without parking, providing six (6) lanes of through traffic. As such, their designed traffic capacities will allow for tolerable traffic flow of up to 27,900 trips per day; McKinney Street is currently constructed with two (2) lanes undivided without parking. Lakeview is not constructed south of McKinney Street: Trinity Road (a.k.a. Lakeview Boulevard) north of McKinney Street is currently constructed with two (2) lanes undivided without parking. The most recent traffic count on McKinney Street in the proximity of the subject property was conducted at Grissom Road, the entrance to the Royal Oaks Wheel Estates Manufactured Home Park, which is approximately 4,000 feet west of the site. It recorded 2,907 trips (per day). This is a dramatic reduction in trips on McKinney S[~et ~orn .ex'~fing traffic volume.fa~[her west-at RyaT] High School (11,544), Mayhill Road (12,609) and Loop 288 (12,554). These.traffic counts illustrate that existing traffic on McKinney Street is reduced on the eastern edge of Iown. ,At .the existing intersection of Trinity Road and McKinney Street, the-most .recent traffic count on Trinity'Road recorded 409 trips (per day). These roads will have adequate capacity to handle the calculated trips (see Table 1) that :could be generated.by the proposed residential .development. The.proposed. deVelopment will contribute to improvfng ~he mobility.of the.entire..cornmunity. -/he ultimate extension of Lakeview Boulevard from University Drive (Hwy.'380):to 1-35E ~vili provide an :aitemative 'north-to-south'route 'for the eastern portion'Of the,City'.of'Denton;:reiievi.ng~:trafficon . Loop 288. The proposed deveiopment~nDrth .of thesubject..~roperty (seeZ:99-.072. ~taff..report) will provide for the northern haft of.thls.proposed arterial; a portion of.Lakeview Boulevard was constructed with the public improvements associated with '1 ~keviewRanch, Phase l. :Ultimately, this arterial will connect with t-35 E through the Preserve development as growth occurs. The latter development is currently moving ahead with the platting of the first phase of its master plan, z-g9-046 PZ Staff Report 10-20-99.doc including over 4,000 feet of Lakeview Boulevard. The actual! construction of that portion of the road is undetermined and even more uncertain is the ultimate c~hr~ection to McKinney Street. The correlation between new development and road capacity is that as development in this part of town occurs, additional infrastructure will be constructed to handle the vehicular tdps generated so that the overall mobility (level of service) within the community is maintained. C. Access No single-family residential lot is permitted to have direct access onto a primary major arterial. The proposed subdivision would take access onto McKinney Street and the future Lakeview Boulevard. Both of these roads are identified as primary major arterials and will run through this.tract in a north-to-south direction, potentially reducing the overall density of this parcel (see Enclosure 4). Local (neighborhood) streets would have to be constructed to provide internal circulation within each subdivision. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This development will have to extend water and sanitary sewer lines. 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 or as established by a detailed plan. 5. Off-Street Parking. New development must provide parking according ~to the regulations of Chapter~35 [35-301) of the Code of Ordinances. Every single-family residence is required to provide two (2) off~street parking spaces. · 6. Landscaping This development will 'have to comply With.the .new Landscape'Code, .which requires fifteen (15) trees iper acre and twenty (20) percent of al! surfaces to remain pervious (plantable .area). 7. Open Space and Recreational Areas , This .residential ..development-.~v~ll. be. ~'equired .to -participate ..~]n ~the .,development -of .:public reoreational areas. '"Throucjh the iPark.Dedication 'Ordinance (08~03~J), this .development will contribute ~.parktand dedication and par]( development.fees, i'Dedicafion .~'equirements .are -required during the platting process. Park development fees are required pr'Dr to the issuance of building permits. Z-99-046 PZ Staff Report 10-20-99.doc April 15, t997 -The subject property was rezoned to an Agricultural (A) zoning district and land use classification by Ordinance 97-107 which amended the zoning ordinance and map for the City of Denton (see Enclosure 2). September 4, 1990 - The subject property was rezoned from Agricultural (A) zoning district to Planned development 126 (PD 126) zoning distdct and land use classification by Ordinance 90-125 'which amended the zoning ordinance and map for the City of Denton. 1988 -The subject property was annexed and classified as an Agricultural (A) zoning district. The subject property is not platted and will need to be platted prior to any development. I Notice of the zoning request was published in the Denton Record-Chronicle on October 3, 1999. Five (5) property ownere were notified of the request on October 2, 1999 (see Enclosure 5). As of this · writing, there have been no responses. . Staff recommends approval of Z-99-046. The property is located along McKinney Street, a pdmary major arterial, and the future alignment of Lakeview Boulevard, a secondary major arterial north oT' McKinney Street and a primary major arterial south of McKinney Street. Linking this request to the applicant's other application (Z-99-072), it provides a variety of residential lot sizes and housing types. It is consistent with the policies and trip intensity standards of the 1988 Denton Development Plan, the 1998 Denton Plan Policies, the 1999 Growth management Plan and Strategy, and the draft Land Use Plan. As part of 732 acres under common ownership, which is planned for residential development, this project will have a significant impact on the mobility of this area of town. It would be fair to attach a condition to 1his zoning request a requirement that links the development of this 3~operty to ~pecific public improvements that will provide ·adequate protection against detrimental .effects:that.,it .may otherwise have .on .the :mobility of this:area of.town. City ·Council has attached conditions to previous planned development zoning requests involving residential developments with lot sizes less than the minimum allowed by straight single-fam~zonbg districts, such as Single-fami!y 7 (SF:7) and so forth. The following list includes some.of.the most recentand/or common ones: v' Masonry · v' .Street Trees -/' Garage Orientation v' Pocket Parks Z-99-046 PZ Staff Report 10-20-99.doc However, these conditions have been brought out at the detailed (site) plan stage of development, rather than the concept plan. The request before the Commission is for approval cfa concept p/an. A detailed (site) plan provides the Commission and the City Council an opportunity to attach design related criteria to a development based upon a specific site design of a land use that is permitted by a concept plan. This procedure provides both the developer and the City more flexibility in the final step in the development process because conditions are then related to a particular site plan rather than a general concept. A concept plan is intended to establish the most general guidelines for a proposed development. I move to recommend approval of Z-99-046 finding that: 1. It is consistent with the 1988 Denton Development Plan; 2. It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; and 3. It contributes to a diversity of housing types and lot sizes within the community. And subject to the following conditions: 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) tha~ proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. 1, Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. I I 1. Concept Plan. 2. Vicinity Map. 3. Zoning Map. 4. Denton Mobility Plan Map. 5. 200'-500' Notification Map. 6, 1988 Denton Development Plan (DDP) Policies. 7. 1998 Denton Plan (DP) Policies (2 pages). 8. Draft Ordinance Z-99-OA6 PZ Staff Report 10-20-99.doc ENCLOSURE 1 I I I I '12. Z-99-046 (Lakeview Ranch) ENCLOSURE 2 NORTH VICINITY MAP Agenda Date: October20, 1999 13. Scale: None Z-99-046 (Lakeview Ranch) ENCLOSURE 3 NORTH ZONING MAP Agenda Date: October 20, 1999 14. Scale: None Z-99-072 (LAKEVIEW RANCH) ENCLOSURE 4 NORTH sPE.%~ ] ' 72 DENTON MOBILITY PLAN MAP ?~,, Freeways ,,'.',,, Primary Major Arterials ,,' ',,/ :SecOndary Major Arterials /'... / Co]lectors Agenda Date: October 20, 1999 Scale: None 15 Z-99-046 (LAKEVIEW RANCH) ENCLOSURE 5 NORTH 200-500 FOOT NOTICE MAP Agenda Date: October 20, 1999 Scale: None 16. ENCLOSURE 6 The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about % mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. The following is a summary of the 1988 Denton Development Plan policies applicable to thi§ project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy Significantly Somewhat POLICY COMMENTS Inconsistent Inconsistent consistent Intent. These areas represent primary housing areas within the City. X Intensity. To be consistent with the Allowed intensity = 60 trips/acre Plan, a development should not exceed its Allocated Intensity = 2,838 trips/site allocated intensity. X Site Plan Control. Stdct property development control within 1,600 feet of existing Iow density residential areas. X Traffic Design. Access should be provided to ensure that multi-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, recreational facilities and diversity of parks are provided. X Public Participation. Input into A neighborhood meeting was held by the planning by neighborhood associ.ations and developer with surrounding residents and coundls is encouraged, property owners. X Land Use Diversity. Non-residential and N/A - the proposal is for single-family multi-family development is encouraged to land use. a limited degree. Manufactured Housing. This form of N/A - the proposal is for single-family single-family housing may be compatible land use, not including manufactured with developments in the Iow intensity housing. areas subject to conditions. Strip Commercial. Any form of N/A - the proposal is for single-family continuous strip commercial is strongly land use. discouraged in/or near Iow intensity areas. Z-99-0'16 PZ Staff Report 10-20-99.doc 17. ----ENCLOSURE~7· ' /he 1998 Denton P~an (DP) is to be used in con]unction with the 1988 Denton Development P~an in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent 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 POLICY Inconsistent ; ~P~!!~!~i~; Consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan. ' ' "~': Promotes Access Management Practices ,:: :~.:, ~ ~ ~i .~;~; !~ X Optimizes operations for emergency service providers and other public service providers. Promotes public transportation system. ConMbutes to the Denton Trails network. Stormwater Drainage. Prn~¢~. 100-year floodplain areas in accordance with Denton's watershed management plans. Conforms to local sutx~visio~ regulations Conthbutes to regional detention fadliUes. Provides for natural dparian environment along floodplain. Upgrades existing substandard drainage systems as Infill ' ~;~:; and redevelopment occur. Water and Develops and maintains property and pdvate · Wastewater, infrastructure. ~:;.~;~ ~ ~;~: X Creates opportunity for oversizing water and wastewater lines to meet future development demands. ~~,~?~ ~=,. ~,~ ,~ ~. ~ ,~..,: X Provides review of proposed water and wastewater inffast~cture to ensure public safety and health. ;; ~;~i~;[~ X Promotes infill improvements over new line extensions. X Electric. PrOvides underground electric service for new residenUal and nonresidential development, i~!~ii~ X Solid Waste. Promotes effident access to all development for solid waste service delivery. , ?:~ X Parks and Recreation. locates porks and recreation facilities tn'accordance with the Parks and RecreaUon'Strategic P~an. ,: ?.~;;;;~:~7 '3( Enhances parks and recreation opportunities'for resident~ Preserves floodplaln for parks and open space to aid in floodplain conservation efforts. Re~denUal development-should ded]cote land or fees in : Env'~m~t~.~,] ~kra]'rty. I~omotes ~ese~a§on of natural resources. Zntegrates ewirorar~ntal protecaon with economic Z-99-0~6 PZ Staff Report 10-20-99.doc 1998 Denton Plan Policies Analysis (continued) .- Denton Plan Policy Analysis Summary Development Rating vs. Policy Not CATEGORY POLICY Inconsistent Applicable Consistent Neighborhoods. Provides access to public and community fadlities for residential neighborhoeds. Encourages a mixture of land uses that benefit residents. ,.~,~,~,~:~. X Protects and preserves existing neighberhoods. : ,~ ~ X Promotes bicyde and pedestrian traffic within and between neighborhoods to reduce vehicular Mps. =~ ~ X Housing. Provides a range of housing types that appeal to differing economic and individual life-styles. =~;~;~::~,~'~ X Offers a variety of single-family lot sizes, building sizes, and pdce ranges. ~,~ ~:~'~' · Preserves existing housing, Induding affordable housing. [ncreeses Infill housing opportunities. Economic C. onb-ibutes to a strong and diversified local economy by Diversification. Increasing employment and expanding the tax base. Government. Encourages Intergovernmental coordination to provide cost-effective public services. Urban Design. Addresses community appearance in a comprehensive manner. Diversifies architectural appearance of buil~ environment. Neighborhood infill development should be compatible .~ ........ ..... with existing land uses and buildings. Protects and preserves Denton's architectural, cultural and historical resources. Enhances the appearance along major entranceways. Promotes the preservation of trees and landscaping. ~::~:~, '~-~ X Public Znvolvement- Provides an opportunity for public opinion during the pl'anning process. .:~:~ .~ X Z-99-046 PZ Staff Report 10-20-99.doc 19. ENCLOSURE ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD ) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ~47.3 'ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426), APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOP, VIOLATIONS THEREOF; AND PROVIDING FOP, AN EFFECTIVE DATE. (Z-99-046) WHEREAS, Paul Spai~n, ~~ofDieter Schwartz, has applied for a change in zoning for 47.3 acres of land fi:om an~gri~lturaf'(A) zoning district claSsification and use designation to a Planned Developmentq/~,~q_~z~,,,g~l~ classification and use designation; and WHEREAS, o~(~r 20, 1999, the Planning and Zoning Commission recommended approval of the requeste~c'hange in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 47.3 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development (PD ) zoning district classification and use designation with the approval of the concept plan attached hereto as Exhibit B and incorporated herein by reference under the comprehensive zonh~g ordinance of the City of Denton, Texas, subject to the followin, flAkconditions: 1. Prior to the issuance of any building permits, adequate transportatior~t~u~re'~kk"' shall be constructed in accordance with a Traffic Impact AnalySis (T~Xal~v'~ by'the TransP0rtat~on and Engineering Depm hnent . ~Yk'X,~ *' ' 2. That the amendment to the Roadway Component of the Dent~,n~iRfol!ity Plan (DMP) that proposes anew corridor south of Mills Road for LakevieW'Bo-levard tothewest of the existing Trinity Road is resolved. SECTION 2. 'That th6!City?s'official~zoning map is :amended to.show the change in zoning ai.~rict cl~'sifieation. SECTION 3. 'That any person violating any .provision of this ordinance .sb~lk .upon conviction, be fined a sum not exeeed~rtg $2,000.00. Each da3' that aprovision offlais ordinance is violated shall constitute a separate and distinct offense:- 1 20.. SECTION 4. That this ordinance shall become effecti~,'e;feurteen (14) days fi:om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the · day of ,1999. ATTEST: %%¢~ JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ] 21. EXHIBIT A Z-99-046 Field Notes for 47~3 ACRE TRACT south of McKinney Street (F.M~ 426) All that certain 47.300 acre tract or pamel of land situated in the William Durham Survey, Abstract Number 330, Denton County, Texas, said tract being all of a called 'Tract I1' conveyed to ' McKinney Denton Property, L.P.; a Texas limited Partnership, by deed recorded in Volume 3128, page 0995 of the Real Property Records of Denton County, Texas, said 47.300 acre tract being more particularly described as follows: Beginning at a found ½" Iron Rod at the occupied southwest comer of the herein descibed tract, said comer being South 86°55'27" East 7.0 feet from a Corps of Engineers monument marked P- 250-W; THENCE North 3°58, 25" East with the occupied West line of said McKinney Denton Tract and generally with a fence a distance of 2,340.84 feet to a found ½' iron rod for the occupied northwest comer of the herein described tract on a cimular curve concave to the Southwest and having a radius of 610.61 feet and a tangent bearing of South 55° 26' 27" East; · THENCE run along the arc of said circular curve through a central angle of 8° 19' 16" for a distance of 88.68 feet to a found %" Iron Rod; THENCE South 46° 46' 12" East in the south line of McKJnney Street (Old M~Kinne~;' Road) as described by deed in Volume S, page 366 Deed Records, a distance of 955.59 feet to a found ½" Iron Rod; THENCE South 47° 27' 12" East with said McKinney Street a distance of 315.62 feet to a found ~' Iron Rod; THENCE South 1° 58' 17" West with the east line of said McKinney Denton tract and generally with a fence a distance of 1,472.35 feet to a Corps of Engineers monument marked P-250-C-W for the southeast corner of the herein described tract; THENCE North 86°55. 27" West with the south line of said McKinney Denton tract and generally with a fence a distance of 1,111.07 feet to the POINT OF BEGINNING, containing in all 47.300 22. NOTICE ATTACHMENT 3 IEARING Z-99-046 -- .. The Planning and Zoning Commission of the City of Denton will hold a public headng on Wednesday, October 13, 1999, to consider rezoning a 47.5 acre site located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road from an Agricultural (A) zoning district to a Planned Development (pD) zoning district (see map on backside). The property is legally described as Tract 11 out of the W. Durham Survey (Abstract 330), in the City .of Denton, Denton County, Texas. The purpose of the zoning change is to develop a single-family subdivision with a minimum 5,500 square foot lot size. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located ~t 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off inrperson: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The 'Commission is informed of the Percent .of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for" final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to .approve the zoning change. These forms are USed to calculate the percentage of landowner opposition. ~l~njavor of ~ Comments: Please circle one: Neutral to request Opposed to request · -'-' ...... " L' J Printed Name: ,~J/~i~ /~/~//~//~/_./~ ,'~//3' ~/~ ~~~ /' ' ' ~L'~"~.// - -{ ' I / . . ....... / UailingAddress: ~, ~V~/ ~ .L[,LAr r iNG& DEVE[OP;vlENT st.t z,p: Physi~l Address of Prope~ within 200 feet: ~3. ~/~/~~ CITY OF DENTON, TEXAS Z-99.046 200' NoUce. doc CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940,349,7707 23. ATTACHMENT 4 MINUTES '-'- *~ PLANNING AND ZONING COMMISSION. October 20, '1999 A,3endaltern_ ~et. J). --- Special Call meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 20, 1999, and began at 5:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney. Commissioners Present: Jim Engelbrecht, Elizabeth Gourdie, Salty Rishel, Susan Apple, Rud.y Moreno, Perry McNeill, and Carl Williams. Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Bucek, Assistant City Attorney; Larry Reichhart, Development Review Manager; Wayne Reed, Planner II; Jerry Clark, Director of Engineering and Transportation. Continue a public hearing to consider' making a recommendation to City Council concerning the rezoning of approximately 410 acres from Agricultural (A) zoning classification to a variety of zoning classifications, including Single-family 7 (SF-7) on 133+ acres, Single-family 10 (SF 10) on 85± acres, and Single-family 13 (SF-13) on 192+ acres. The property is located in east Denton, stretching from near Highway 380 to McKinney Street, near Trinity Road. (Z-99-072, Lakeview Ranch, Wayne Reed) Motion by Susan Apple and seconded by Salty Rishel to recommend approval with conditions to City Council, *Discussion of.item is included in Court ReP0rter's tranScript attached to this set of minutes (Page 1), ' - · Motion carries 7-0, Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approximately 48 acres of land from Agricultural (A) zoning classification to a Planned Development (PD) zoning classification allowing the development of 280 single-family residences. The property is located in east Denton, south of McKinney Street, approximately 3,000 feet east of its intersection with Trinity .' Road. (Z-99-0,4.6, Lakeview Ranch, Wayne Reed) Motion by Susan Apple and seconded by Perry McNeill to recommend approval with conditions to City Council. *Discussion of item is included in Court ReP0rter's transcript attached to this set of minutes (Page 1). Motion carries 6-1. Carl Williams opposed. 24. l 2 3 4 5 7 lO Il 12 13 15 16 17 20 21 22 23 2~ 25 PROCEEDINGS tyro. ~'~°m~m~am'r: Good cvenlng, everyone. At this ~ I'd like to call to order thc special called meeting of thc plnnrdng and Zoalng'Coml~lss|on for ' t~ City of Dcatons Tcxas for this Wedne~clay, October thc 20th, 1999. We have two items on thc Agenda this ~'VC~ing. ~omm~ssion~'~, t~ ~ ~Ochlg .bro!l~ht by same developer and arc all part of ~ same development. They just hapPen to bo across thc road, across McKinncy Street in one case. So ~ can hear both of these at one time and get thc staff reports and developer's report, ct cetera, and then we simply have two separate vot~s. Any objection? Okay. All fight. In that case, Iran 1 is to continue a public himrln$ and consider making a recommeaclation to City Council conccrnlng thc rczonlng of approximately 410 acrc~ from Agricultural classification to a varlcty of zoning classifications including s~-? on 133 acres, s~-lo on 815 acrc~, and Single-Family 13 on 192 acrc~. ~ property is located in cast Dcatan strctchlng from near Highway 380 to McKinncy Street near Trinity Road. At this tlmc, I'll open thc public hearing. Agenda Item No. 2 is to coatiaue a public hearing to coasider making a recommendation to City Council conccrnlng thc rczoaing of approximately 48 I bo gran~ocl an opportunity to spcak. Andffth~reis ~ '..Page3] 2 oppos;ti_o.n0 .t~ numbor six will come into play and thc 3 pctitloacr will bo allova:d fiw minutes to SlX~k in 4 rebuttal. Following that, I will clos~ tbo pdblic hearing. Staff will ,~-~e any final rcmarks. Commission will discuss tl~ petition and make thclr 7 recomm~datlon. Page 2 I acres of land from the Agricultural classification to a 2 Planned D~vclopment zoning classification allowing thc 3 development of 280 single-family residences. The 4 property is located in east Denton south of McKinney 15 Street approximately 3,000 fcet cast of its intersection 6 with Trinity Road. At this time, I'll open the public ? hearing for that Agenda item, as well. And I will ask 8 Mr. Rccd to provide ,ui with the staff report. 9 MR. REED: Thar~ you, Chairman Engelbrccht, l0 and good evening, Commissioners. I'll simply skip the Il usual paper that we go over, Is that all right? The 12 public proceedi, ngs, the public hearings proceedings, is 13 that all right since it's just one hearing tonight? 14 MR. ENGELBKECHT: ye, ah. 115 MR. REED: This was tip hero -- 16 MR. ENGELBRECHT: Oh, yeah. Let's review 17 the -- thank you. I forgot to review the proced.urcs for 18 public hearings. The Chair will open the public hearing. 19 Following that, the staff will read its petition, givo its 20 report, and make a rccomm~dation. Following the staff 21 report, that's number thr~ on the overhead, the 22 petitioner will be granted t~n minutes to speak to thc 23 petition. And following that, persons in favor of thc 24 petition will each be granted an opportu~ty to speak. 25 Following that, persons in opposition to the petition will PLANNING AND ZONING 8 A coupl~ of notes. Any speaker may b~ 9 allowed additional 6,x4 to speak by a vote of tlaxe . i 10 mcmbcrsofthoCommlssioa. Wcwouldaskcachslxakcrte 11 concern him or herself with prc~cntlng new infomlatlon 12 not given by pr~ous speakers. And, finally, 13 Commissioners may at any time ask questions of anyone 14 and call on th~ staff at any time and may adjourn to 1 $ closed session as allowed by law. Thank you, Mr. Reed. 16 Appreciate that. 17 lyre. RE~: I suppos~ now I'll summariz~ thc 18 rcqucst [~for~ us. TI~ applicant is requesting, on the 19 one hand, on the south ddc of McKinney on a 47-acm 20 tract for a small lot development of S,$00 squar~ foot 21 minimum. For that particular request, staff sent out a 22 public notice to five property owners and as of the 23 writing and as of today ~'w rcccqved no responses for 24 that pm-ticular request. For the other request, whlch is 25 thc larger.property on the north side of McK~nqeY and to · Page ' I the south of University Drive, staff sent out a total of ' 2 13 notices to property owners and as of this time 3 received no direct responses as far as the forms that 4 we've mailed out. I have given to the Commission, $ however, a letter typed up by a property owner in the 6 area indicating their support for the request. So ? public notice was du~,y noted. A courtesy notice had 8 gone out previously but I don't have the numbers in 9 front of mc. But that was sent out originally for thls 10 request. 11 Both of these properties were part of a 12 Planned Development, which in 1997 was re'zoned back to 13 Agricultural. Back in Scpt~mber of1990 thls cntlrc 14 property was zoned including what is now Lakeview R~nch 15 thc on~-acre subdivision that is already out thcr~ and 16 is not part of thc rcquast tonight, was zoned Planned 17 Development 126 for a mixture of resid~tial lot sizes. 18 So now we're ironically back h~re tonight to look at a 19 request to rezone it from Ag to a mix of.rcskk'ntial lot 20 sizes. 21 I would like to stat~ that one of the most 22 important parts about this zoning request involves its 23 impact on traffic or transportation infrastructure. And 24 I would like to ask if the Commission. has any concerns ~ o*-,,,,t traffic, that maybe wc look at that fwst as Jerry OCTOBER 20, 199! 2 5. Page 1 - Page 4 AGENDA DATE: DEPARTMENT: CM/I)cM/AcM: AGENDA INFORMATION SHEET February 1, 2000 Planning Department David Hill, 349-8314 Agendal,,10. ~ Oo - 0o."? ...... Agenda Item. 02, o~ Date ~ -/- ~ t'3 SUBJECT - Z-99-072 (Lakeview Ranch) Continue a public heating and consider rezoning approximately 410 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning district on about 192 acres. The property is located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. Development of a mix of single-family lots and housing types is proposed. The Planning and Zoning Commission recommends approval (7-0) with conditions. BACKGROUND On November 16, 1999, Z-99-046 was continued to the January 4, 2000 City Council public hearing to allow the applicant time to address transportation related issues. Due to the residential moratorium, the case could not proceed on January 4, 2000. Relief from the moritorium was granted on January 11, 2000. The subject property is a portion of 732 acres of contiguous land under common ..ownership, including the 47.3 acres represented by Z-99-046. This area is planned to be a residential community. The first phase of the development is already under way. It is a 276 acre subdivision commonly known as Lakeview Ranch with a minimum lot size of one (1) acre. There are 155 lots in this existing neighborhood. The remaining land is proposed to be rezoned to a variety of residential zoning districts as described above. The developer has constructed a portion of Lakeview Boulevard in conjunction with the first phase. It is currently a two (2) lane road, but will ultimately be constructed as a four lane divided primary major arterial from Highway 380 to MeKinney Street (see Attachment 2 - Enclosure 3). South of McKinney Street, this boulevard will be designed as a secondary major arterial as identified by the Denton Mobility Plan. This arterial is designed to extend south to 1-35 E through the preserve development.. .' The subject property was rezoned in April of 1997 to an Agricultural (A) zoning district by Ordinance 97-107 (see Attachment 2 - Enclosure 2). It was rezoned in September of 1990 to Planned Development 126 (PD 126) zoning district by Ordinance 90-125. The property was annexed and classified as an Agricultural (A) zoning district in 1988. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and all of the 1998 Denton Plan (DP) Policies, except for the extension of new public water and wastewater lines (see Attachment 2 - Enclosure 2, Comprehensive Plan Analysis section). Z-99..072 CC 2nd.['taff Report. doc Thirteen (13) property owners were notified of the zoning request. Two (2) responses have been received. One is fi:om Mr. Schwartz, the property owner of the land described in this zoning request. He is in favor of the request to rezone. The other is fi:om an adjacent property owner, who owns land along the northern boundary of Parcel A. He is opposed to the request (see Attachment 3). The opposition represents approximately ten pement (10%) of the land area within two hundred feet that is located within the limits of the City of Denton. pRIOR ACTION/REVIEW · The following is a chronology ofZ-99-072, commonly known as Lakeview Ranch: June 2, 1999 - Application Date October 20, 1999 - P&Z Date November 16, 1999 ~ City Council Public Hearing (Continued to January 4, 2000) January 11, 2000 - Relief fi:om the Residential Moratorium granted. ,ESTIMATED PROJECT SCHEDUI,F. The subject property is not platted and will need to be platted l~ii0r to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and School district. It will reqUire no short-term pUblic improvements that are the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (7,0) of this zoning request with the following conditions (see Attachment 4): 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is apprOved by the Transportation. and Engineering Department; and -. · 3. That the amendment to the RoadWay Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. Z-99-072 CC Jtut St~Jf Re7~ort. dc~. ATTACHMENTS 1. Parcel Map. 2. Planning and Zoning Commission StaffReport, October 20, 1999, Z-99-072. 3. Property Owner Responses (2). 4. Planning and Zoning Commission minutes from October 20, 1999. 5. Draft Ordinance. Respectfully submitted: Do~ag-?o~ell' Director of Planning and Development Prepared by: Development Review Manager Z-~-072 CC 2n~l,Fti~f Ret~orl. doc Z-99-072 (Lakeview Ranch) ATTACHMENT 1 NORTH REQUESTED ZONING MAP PARCEL ZONING ACRES A SF-7 81.71 B SF-10 84.09 C SF-13 191.72 D SF-7 50.84 Agenda Date: November 16, 1999 Scale: None PLANNING AND ZONING COMMiSSiON ... Agenda ,temLDate , o'~ =fJ'" '-?? .. STAFF REPORT Subject: Lakeview Ranch (Straight zoning proposal) .Staff: Wayne Reed, Planner II .... Case Number: Z-99-072 Agenda Date: October 20, 1999 Continue a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 410 acres from an Agricultural (A) zoning distdct to a variety of residential zoning districts, including Single-family 7 (SF-7) on 133+_ acres, Single-family 10 (SF-10) on 85+_ acres, and Single-family 13 (SF-13) on 192+_ acres (see large map). The intent is to develop a variety of single-family lots and housing types. Location: ' 'J_:OCATtON .between HWY 380 and .F.M. 425 in the proximity.of Trinity.Road ..~ize: 410 acres Z-99-072 PZ Staff Report I0-20-99.doc ' 5. i Applicant: Paul Spain Owner: Dieter Schwartz Terra Bain, Inc. NR & RJ Properties, L.P. 2807 Brookshire Drive P.'O. Box 941 ' 'Southlake, TX 76092. .. · Greensburg, PA 15601 The subject prope~ is a potion of 732 or so acres of contiguous land owned by Mr. Schwa~, including the 47.3 acres represented by Z-99-~6. This area is planned to be a residential community. The first phase of the development is already under way. It is a 276 acre subdivision commonly known as Lakeview Ranch with minimum lot sizes of one (1) acre (see large map - Phase 1). There are 155 lots in this existing neighborhood. The remaining land is proposed to be rezoned to a varie~ of residential zoning districts, including approximately 133 acres of Single-family 7 (SF-7), 85 acres of Single-family 10 (SF-10), and 192 acres of Single-family 13 (SF-13). The developer has ~nstmcted a potion of Lakeview Boulevard, a fOur lane divided prima~ a~erial, from Highway 380 down to the southern bounda~ of the Lakeview Ranch subdivision. This road is designed to e~end to F.M. 426 (McKinney Street) and ultimately, to 1-35 E through the Prese~e development. 1988 Denton Development plan'AnalYsis .. · - .. .- The 1988 Denton Development Plan (DDP) shows this area to' be wit'hin'~"L0w Intensity Area. These areas are intended to be developed primarily foi' single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about 1~ mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular tdp generation due to development within Low Intensity Areas is restricted to 60 tdps per day per acre in order to balance·land use with road capacity. Staff finds the proposed rezoning to be consistent ~vith both the policies and trip intensity standards of the ~988 DDP (see Enclosure 5). 1998 Denton Plan Policies Analysis The .1998 Denton Pian(DP).is to· be used in.conjunction with the 1988 ·Denton ·Development Plan in .evaluating ,consistency of proPOsed development.with the long range ~visi0n .for. the city; 'staff finds . the proposed rezoning to be consistent w~.h ~the policies of the '1998 DP (see Enclosure 6). The draft.Land Use Plan ide~i[iiies this property to be .within an "Neighborhood Center" area. The -adopted .Growth. Management Strategy·states .that these .areas are .to be :devel .oped.in an.inwardly .:oriented manner:with a focus:upon the centers of the nelghborhcocrs..~.The center~vould.contain uses · ~oessary:.{o :support the'~u~uunding ~:~ghbo~d'.~cluding.l~ ~uses ~uch ::-as-~}nvenience .groce[y, barbers, 'or small profess~ona! offices, .h~gtmr dens'try res~denfia! uses .-suc'n as'townhomes, parkuses including central neighborhood "greens"'and institutional uses'such as ~ire stations,.schools, l~rafies 'and ~rans'rt 'nocles. ~rhe proposed 'land use is 'consistent 'with the intent of "Neighborhood Center" areas. ' Z-99-072 PZ ~taff Report 10-2ff.99.doc Transportation " ' - A. Trip generation The proposed development would generate approximately 12,100 trips per day if built out with 1,267 homes. (an average of 3.09 lots per. acre), This is !2,500 .fewer trips or fifty-one percent (51%) lesS than alloWed trip generation in a Low Intensity Area.~ ,I Table 'i. Proposed Residential Trip Generation Land Use Average Trip Average Acres Estimated Total Trip Generation dulacre Lots Generation Single-Family 7 (SF-7) 9.55 trips/day 4.0 du/acre 133 532 5,081 Single-Family 10 (SF-10)9.55 trips/day 3.0 du/acre 85 255 2,435 Single-Family 13 (SF,13)9.55 trips/day ·2.5 du/acre 192 480 4,584 Allowed'Trip Generation 60 trips/acre/day 24,600 Difference ,, 51% below * Calculations provided by the Institute of Transportation Engineers, 1991. B. Road Capacity Biagg 'Road and Mills Road' are identified as collector streets bythe 1998 Der~t°n Mobil ty Plan (see Enclosure 3). These streets aro designed to be four (4) lanes undivided without parking. providing four (4) lanes of through traffic. As such, their designed..traffi .c c..a'pacity would allow a tolerable traffic flow of up to 14,900 trips per day. Both are curr~ently'0pet~ating as two (2)'lanes undivided without parking and are of substandard construction with approximately eighteen feet of pavement. The standard street design calls for eleven feet per lane. There are no'traffic counts for these roads. Lakeview Boulevard north of McKinney Street is identified as a secondary major arterial by the · 1998 Denton Mobifify Plan. This road is designed to be a four (4) lane undivided street ~thout parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for · a tolerable traffic flow of up.to 19,100.trips per day.. The northern portion .of.Lakeview. Boulevard 'is currently .constructed w'~d3 two .(2)lanes. Without.parking. 'There aro no traffic counts'.at this time asitis a new road. 'This .type of.road is designed to camj high'loads of traffic and will ~have adequate capacity to handle the calculated trips that could be .generated '.by the proPOsed .residential development. 'Lakev~ew~Boulevard w~i be extended soath'to'Mc~nneY-Street~moreoriess.a]ong the ex]sting 'Tfin~ Road .fight-bf~way. This road*is:cuu ~ntly.consb ucted With two (2)lanesundiVided ~/ithout :~pa~ng..At ~he intersection oTTfinity~P-,oad and ~cKinneyStreet. themost-mcent ~.~a~',c:count on '.-rrin'~'Road .recorded 409 trips (per day). ,'.Lakeview.-Boulevard ~a'll have ~adequate capacity ~o handle the calculated .trips-(see '-.Table '.'1):that .could .:be .generated .by :the~proposed ~esidential Zo99-072 PZ Staff Report lO-20-99.d(x: The proposed development will contribute ' ' " " · to Improwng the mobility of the entire community. The ultimate extension of Lakeview Boulevard from University Drive (Hwy. 380) to 1-35 E will provide an alternative north-to-south route for the eastern portion of the City of Denton, relieving traffic on Loop 288. The proposed development north of the subject property (see Z-99-072 staff report) will provide for the northem half of this proposed arterial; a .portion of Lakeview Boulevard was constructed with the public improvements.associated with Lakeview Ran~:h, Phase I. Ultimately, this artedal Will'Connect With 1-35 E through the PreServe development as growth Occurs. The latter development is currently moving ahead with the platting of the first phase of its master plan, including over 4,000 feet of Lakeview Boulevard. The actual construction of that portion of the road is undetermined and even more uncertain is the ultimate connection to McKinney Street. The correlation between development and road capacity is that as development in this part of town occurs, additional infrastructure will be constructed to handle the vehicular trips generated so that the overall mobility (level of service) within the community is maintained. C. Access The proposed subdivisions would have access onto Lakeview Boulevard. No single-family · residential lot will be permitted direct access onto this primary major arterial. The subdivisions will -also be adjjacent to Blagg Road and Mills Road, which are classified as collectors, that will intersect Lakeview Boulevard. Depending on the configuration of the .subdivisions, some neighborhoods may take access onto one of these two roads as opposed to Lakeview Boulevard. Local (neighborhood) streets will have to be constructed to provide internal circulation within each subdivision. D. Pedestrian LinkageS Sidewalks along all public streets are required. Utilities This development will have to extend water and sanitary sewer lines. Drainage and Topography New development will be required to design and construct a drainage system 1o 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 deve!oper must indicate the method by which the run- . · off will be carded .across the property or stored onthe property. . ~ · 4. Signs .As per.the ~gn ordinance. · ,5.' Off-Street Parking · 'New.development must provide partCmg ~rcording ~3/he ~eghlntion~.bTChaptey.35.(35-301) o~ the Code. oTOrdinances.:'Every single-farni!y.res]dence is required to provide, two..(2) off-street parking spaces. Z-99-072 PZ Staff Report 10-20-99.doc 8o I 6. Landscaping ~ This development'will have to comply with the new Landscape ~ode, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantab!e area). 7. Open Space and Recreational Areas This residential 'development will be required {o participate' in the development of. public recreational areaS. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required p.ri.'or to the issuance of building permits. April 15, 1997 -The subject property was rezoned to an Agricultural (A) zoning district and land use classification by Ordinance 97-107 which amended the zoning ordinance and map for the City of Denton (see.Enclosure 2). September 4, t990- The subject property was rezoned from Agricultural (A) zoning district to Planned development 126 (PD 126) zoning district and land use classification by Ordinance 90-125 whlch amended the zoning ordinance and map~or theCity of Denton. ~_1~988 -The subject property was annexed and classified as an'Agricultural (A) zoning district. , he' subject property is' not platted and will need to be platted priOr to any development. Notice of the zoning request was published in the Denton Record-Chronicle on Ootober 3, 1999. Thi~een (13) prope~ owners were notified of the request on October 2, 1999 (see Enolosure 4). As of ~is writing, there have been no responses. :staff recommends, approvai "of Z:99~72, .:The :prOperty lis located-~long a futUre"Primary .major - arterial and two collector streets. The variety of residential zoning districts is compatib]ewith exiSting .land uses in.the area. ':-The property is su,-ounded .by the City Of Denton's ex;J-a-territorial jurisdiction :(ETJ), ma~ing it impossible to stabilize or-predict land uses around the a~]ority~Of this site. The..request .is .consistent ~Vith .the _.-policies :and '_-Ifip ::~tens~ty ::standards :~)Y .:the .1988-_Denton .Development Plan, the '1998 Dent~n P~an'POlicies;the't 999 Growth mana~m~nt Plan 'and S[~ategy, and the ~lraft'Land .t:lse Plan. . development o~ this sZze w/il have a significant impac~ on.the mobility o~th~s area o~ town. It would Z-99-072 PZ Staff Report 10-20-99.dec effects that it may otherwise have on the mobility of this area of town. ". I move to recommend apprOvaI of Z-99-072 finding that' . . . I 1. It is consistent with the 1988 Denton Development Plan; 2. It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; 3. It provides for compatible land uses; and 4. It contributes to a diversity of housing types and lot sizes within the community. And subject to the following conditions: 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved; and 3. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview 'Boulevard t° the west of the existing Trinity Road is resolved. - · 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. · ' 1. Vicinity Map. 2, Zoning Map. 3. Denton Mobility Plan Map. 4. 200'-500' Notification Map. 5. 1988 Denton Development Plan (DDP) Policies. 6. 1998 Denton Plan (DP) Policies (2 pages). 7. Draft Ordinance Z-99-072 PZ Staff Report 10-20-99.doc ~'~9-072 (Lakeview Ranch) ENCLOSURE NORTH :-'"VICINITY ..MAP AgendaDate: O~ober20,1999 Scale: None E'NCLOS URE 2 Z-99-072 (Lakeview Ranch) NORTH --! Agenda Date: October 20, 1999 ZONING MAP Scale: None ~'~-99-072 (LAKEVIEW RANCH) ENCLOSURE 3 NORTH "DENTON "MOBILITY iPLAN MAP /~/-Freeways /.',,/-Prima .ry' Major 'Arterials ,,',',,/'SecondamJ :Ma]or'Arterials ./. \?~oltectors Agenda Date: .October 20, 1999' 1'3 o Scale: None ENCLOSU~ 4 Z-99-072 (LAKEVIEW RANCH) -200-500 .FOOT NOTICE. MAP.. Agenda Date: .October 20, 1999 NORTH. Scale: None ENCLOSURE 5 ~' .~ "~i988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about % mile intervals with direct access to a colleCtor type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity' Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. The following is 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 SignificanUy Somewhat POLICY COMMENTS zncensistent Inconsistent consistent Xntent, These areas represent pdmary housing areas within the City. X Zntenslty. To be consistent with the Allowed Intensity = 60 trips/acre Plan, a development should not exceed its Allocated [ntensity= 12,100 trips/site allocated intensity. X Site Plan Control. Strict property development ~ntrol within 1,600 feet of existing Iow density residenUal areas. X Traffic Design..Access should be ~- provided to ensure that multi-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, recreational fadlities and diversity of parks are provided. X Public ParflcipaUon, Input in.to planning by neighborhood assodations and coundls Is encouraged. X Land Use Diversity. Non-residenUal and N/A - the proposal is for single-family multi-family development is encouraged to land use. a limited degree. .. Manufactured Housing. This form of N/A- the proposal is for single-family single-family housing may be compaUble land use, not induding manufactured with developments in the Iow Intensity housing. areas subject to condiUons. Strip Commercial. Any form of N/A - the proposal is for single-family continuous strip commerdal is strongly land use. discouraged in/or near Iow intensity areas. Z-99-072 PZ Staff Report 10-20-99.doc 15. ENCLOSURE 6 /I 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 development to be consistent with the policies of the 1998 DP. The table below provides a.summary.of the 1998 Denton Plan Policies applicable to this.proje&t: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLZCY Transportation, Compliments Denton's Long-Range Thorought'are Plan. Promotes Access Management Practices Optimizes operations for emergency service providers and other public service providers. Promotes public transportaUon system. Contributes to the Denton Trails network. Sto~i~iwater Drainage, Protects 100-year floodplain areas In accordance with .. ~ .... · .. Denton's watershed management plans. Conforms to local subdivision regulaUons. Contributes to regional detention fadliUes. ~..~.,~.'~ Provides for natural dpaflan environment along floodp ain. Upgrades existing substandard drainage systems as Infill and redevelopment occur, ~ " Water and Develops and maintains property and private Wastewater, Infrastructure, ' ~ X C~eaLes opportunity for oversizJng 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 Elecl~c. 'andPr°~ldes underground electrlc service for new restdentialnonrestdential development, i.,r~t~~~"~ ' ~'x Sotid Waste. Promotes effident access to all development for sotld ' 'w~l~ ~vtce deliv~y. 'Parl~ and Rec~-ea[;om' -Lo~:ates perks and recreation fao'linesin accordance with i' ' ~~ ' the Parks'and Recreation Strategl~ Plan. ' ' '' " . ' . ~~ ". X 'preservas floc~pla~n ~r l~arks and open s~ace t~ aid in Allows com~nlng of parks with other public faalities to growth and eommunlty development. Z-99-O72 PZ Staff Report 10-20-99.d0c 16. 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy Not CATEGORY · . PoLZCy - Xnconsistent 'A~plIcable · ConsiStent Neighborhoods. Provides a~e~ to public and community fadlities for ~,~ ~ :~"~ ~;~ ~..~; residential neighborhoods. Encourages a mixture of land uses ~at benefit residents. X Protects and preserves existing nelghborhoods. Promotes bio/de and pedestrian traffic within and between neighborhoods to reduce vehicular trips. Housing. Provides a range of housing types that appeal to differing economic and Individual lifestyles. ~ X Offers a vadety of single-family lot sizes~ building sizes, Preserves existing housing, including affordable housing. ~ncreases In.fill housing opportunities. Economic Contributes to a strong and diversified local economy by Diversification. Increasing employment and expanding the tax base. Government. Encourages Intergovernmental coordination to provide cost-effe~ve public services. ,-q~ban Deslgm . Addresses community appearance In a comprehensive manner. - . Diversifies architectural appearance of built environment. Neighborhood Infill development should be compatible , ..... with existing lend uses and buildings, · Protects and preserves Denton's architectural, cultural and historical resources. ' Enhances the appearance along major entranceways. Promotes the preservation of trees and landscaping. ~~ X Public Znvolvement. Provides an opportunity for public opinion dudng the planhing process. .'X Z-99-072 PZ Staff Report 10-20-99.dec 1'7. i ENCLOSURE'7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 40836 ACRES' OF. LAND . TO .SINGLE-FAMII.Y . 7 (SF-7) ZONING. DISTRICT. CLASSIFICATION AND USE DESIGNATION ON 1:12,$$ 'ACRES,. SINGLE-FAMII-Y 10 (SF- 10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND' SINGLE-FAMII.Y 13 (SF-13).ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNBY STREET (F.M. 426) IN THE PROXIMITY OF TRINITY'ROAD; PROVIDING FOR A PENALTY IN T~ MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PRO~D~ FOP, AN EFFECTIVE DATE. (Z-99-072) WI~J 8p in, on behalf of Dieter Schwartz., has applied for a change in zoning for 408.:t6 a~e)}o~l~nd fi.om an Agricultural (A) zoning district classification and use designation to a $ingle-fa~l¥ 7 (SF-7) zoning district classification and use designation on 132.55 acres, Single- family 10 (8F-10) zoning district classification and use designation on 84.09 acres, and Single- family 13 {8F-13) zoning district classification and use designati6~ on 191.72"acres; and WHEREAS, on OctOber 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WI-IEREAS, the citY coUncil finds that the change in zOning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management. Strategies and Plan; NOW, TI-mREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 81.71 acre ~0mperty described in'the legal description attached hereto and incorporated herein ~ Exhibit A is ch~ged from an Agricultural (A) zoning district classification and use desi~g~to a Sin~le- £~nay 7 (SF-7) zoning m~trict dassifi~ation and use dcsignatio_n; ~t~l$,~ z~ng dist~rict :'." .!'i ":" '.ii' ' .' "! property resort-bed in the legal description attached hereto.and incorporated herein.as Exhibit C is 'changed'from an Agricultural (A) zoning ./llgh-ict classification and 'use desiL, n~tion to a ~ingle- :family 10 '(SF-10) zon]ng.'~$h-ict .classification anti use itesignation; that-the :zoning 'ilistrict · ~e~,~ficafian .:~nd q~.~e-..d~qL, n ,t;on 'of:the 219L72 :acm t~roperiy described in the ..leg~,l .xqe~eri~tion attaChekl hereto .anti incorporated herein 'as'E~qfit/it -'D is 4,hanged'from an ~gricultural (A) zo'nlng -di-~'ict e]ass',iqcation and use i]esiD2n_~fion to a Sinp, le-f~mily:13 .(sr:13) zoning :ai~trlot .classification mad use designation; and that the zoning district classification and use designation ortho 50.84.acre property described in .the legal description attached hereto and incorporated herein as Exhibit E is changed from an Agricultural(A) zoning district classification and use designation to a Single- 18. family 7 (SF-7) zoning district classification and use designation under the c-o'mpre~hensive'zoning ordinance of the City of Denton, Texas, subject to the following.Conditions: ~'~ 1. Prior to the issuance of any building permits, adequate transportation infi'astructur~ shall bo constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department. 2. · That a commitment for improvements to the Lakeview Boulevard bridge over Cooper · Creek is approved; and 3. That the amendment to.~t~adway Component of the Denton Mobility Plan (I)MP) that proposes a ne~ c~'~o'~outh of Mills Road for Lakeview Boulevard to the west of the existing.T..a~xit~,,X~o'~ is r~olved. SECTION. ~.x q~~t ~1~ City's official zoning map is mended to show the change in zoning district classificat~ofi'." SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. · SECTION 4. That this ordinance shall become effective'fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to caUSe the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,1999, ATTEST: JEN1N~.ER WALTRRR, CIIY ~_.C.R RTARY BY: JACK MILLER,<.}~'~gR APPROVe_ .B AS TO.LEGAL FORM: · . :IqF_.RBF. R.T L,-PROUTY,'CITY. ATIYORNEY BY: '. 19.· EXHIBIT A Z-99-072 Single Family (SF-7) POINT OF BEGINNING being a ~" Iron Rod S6uth 87~, 39' 53" East a distance of 1,762,98 feet to a ~' Iron Rod for comer;, fToHENCE South 02^ 29' 20" West along Trinity Road a distance of 20306,03 feet to a ~" Iron Rod rcomer;,. ' . .,. . . : THENCE North 87^ 07' 53" West along Blagg Road a distance of 1,403.40 feet to a ½" iron Rod for comer;, THENCE North 55^ 48' 41" West a distance of 131.63 feet to a point for corner;, :THENCE North 40^ 29' 30" East a distance of 222.22 feet to a point for corner; THENCE North 25^ 51' 36" West a distance of 164.43 feet to a point for comer; THENCE North 59^ 01' 32" West a distance of 40.87 feet to a point for corner; THENCE North 11^ 41' 25" East a distance of 13.74 feet to a point for comer; THENCE North 70A. O6' 2~" East a distance of 54.81 feet to a point for comer;· THENCE North 57^ 31' 14" East a distance of 88.39 feet to a point for corner; THENCE North 02^ 08' 18~ West a distance of 88.68 feet to a point for corner; THENCE North 34^ 46' 24" West a distance of 133.12 feet to a point for corner; THENCE North 09^ 48' 53" East a distance of 213.32 feet to a point for corner; THENCE North 03^ 07* 11" East a distance of 349.74 feet to a point for comer; THENCE North 20^ 19' 10" East a distance of 116.20 feet to a point for corner; THENCE North 89^ 34' 54" West a distance of 280.71 feet to a point for comer;, THENCE Noi [;, 00^.25° 08;' East a distance of 304.49:feet.to a point for comerjsaid point'being on the south right-of-way line of Appaloosa Drive (a 60' right-of-way); -J'HENCE North 1:)5^U5' ,~0" West departing said south right-oT-way 11ne a distance oT b"0;00 feet to · ap~int~n~en~rthright-~f~way~ine~fsaidAppa~saDrive~acircu~arcurvec~nc~ve-t~the- Southeast and having a radius Of 630.00 feet and a tangent bearing of South 84^, 54, 20" West;,' THENCE run along the arc ~)f said right-of-way line through a central angle ofO4^ 58' 57" for a · distance of 54.79 feet to a point for-comer; THENCE.North 00^.25..08, East departing said north Tkjht-of-~vay.line a dis ,t,t,t,t~ce:~f~588.52 feet to the POINT OF BEGINNING. . "Containing 81.71 acres, more or less. 20. EXHIBIT Single Family (SF-'I0) POINT OF BEGINNING being in the south right-of-way line of Blagg Road (a 60' right-of-way) South 87^ 13' 23" East along said right-of-way line a distance of 166.80 feet to a ~" Iron Rod for comer;, - THENCE South 02~' 15' 04".West departing Said right:of-way:line a distance of 880.43 feet to a ?olnt .for co~er; THENCE South 87^ 44' 57" East a distance of 40.00 feet to a point for comer; ;'THENCE South 02^ 15' 04" West a distance of 1,912.92 feet to a point for comer, said point being in the south right-of-way line of Draught Home Drive (a 60' right-of-way); THENCE South 87^ 44' 57" East along said right-of-way line a distance of 40.00 feet to a point for comer;, THENCE South 02^ 15' 04" West departing said right-of-way line a distance of 841.69 feet to a point for comer;, THENCE North 87^ 02'.12".West a distance of 102.72 feet to a ~A" Iron R.o.d for corner; · THENCE North 87^ 28' 16" West a distance of 683.76 feet to a point for comer; THENCE North 02^ 37' 02" East a distance of 3,636.80 feet to a ~A" Iron Rod at a fence comer · post for comer, said point being in the south right-of-way line of the aforementioned Blagg Road; THENCE South 87^ i3' 23" East along said right-of-way line a distance of 516.45 feet to the POINT. OF BEGINNING. ", Containing 61.29 acres, more or less. EXHIBIT C Z-9~072 Single Family (SF-10) POINT OF BEGINNING being a %" Iron Rod South 87^ 02' 12" East a distance of 102.72 feet to a point for comer;, THENCE South 87^ 02' 11" East a distance of 287,03 feet.to a point for comer;, THENCE South' 20^ 21'07" West a distance bf 52.88 feet to a point for Corner; THENCE South 12^ 44' 38" East a distance of 194.93 feet to a point for corner; THENCE South 15^ 05' 28" West a distance of 82.58 feet to a point for comer; THENCE South 32^ 19' 01" East a distance of 68.94 feet to a point for comer; THENCE South 77^ 34' 46" East a distance of 191.50 feet to a point for comer;, THENCE North 54^ 39' 49" East a distance of 497.70 feet to a point for comer, said point being oq the west right-of-way line of Lakeview Boulevard (a 60' right-of-way); THENCE North 82^ 35' 47" East departing said west right-of-way line a distance of 93.74 feet to a point for comer;, THENCE South 02^ 32' 12" West a distance of 583.6'J feet to a point for comer; THENCE North 87^ 09' 07" West a distance of 76.28 feet to a polnt for.corner, said point being on the east right-of-way line of the aforementioned Lakeview Boulevard; THENCE South 29^ 57' 13" West along said right-of'way line a distance of 333.44 feet to a point of curvature on a circular curve concave to the Southeast and having a radius of 480.00 feet and a tangent bearing of South 29^ 57' 13" West; · THENCE run along the arc of said right-of-way line through a central angle of 24^ 48' 06" for a distance of 207.78 feet to a point for comer; THENCE North 86^ 44' 34" West along Mills Road departing said right-of-way line a distance of 85.76 feet to a ~" Iron Rod.for comer; THENCE North 86^ 44' 32" West continuing along Mills Road a distance of 731.55 feet to a ~- Iron Rod for comer;, .THENCE North'01^ 33' 30" East a.distance of 10157.79 Yeet to'the POINT OFBEGINNING. -Containing 22.80 acres, m6re'6r less~ ' 22. EXHi[BTT C' · Z-99-072 _. ~" (ConL). ~"~iENCE North 48^ 20' 23" East a distance of 258.99 feet to a Corps of Engineers Concrete ,onument marked Q-294-W for comer;, THENCE South 02^ 27' 35" West a distance of 443.88 feet to a Corps of Engineers Concrete Monument marked Q-293-BW for comer;, · THENC'E South 02^ 28'. 16" West a distance'Of 9~t9~52 feet to a Cqrps Of Engineers Concrete Monument marked Q-293-W for comer; · · THENCE South 02^ 30' 01" West a distance of 1,339.23 feet to a %" Iron Rod for comer;, THENCE South 83^ 27' 47" East a distance of 352.07 feet to a %" Iron Rod for comer;, :THENCE South 02^ 27' 47" West a distance of 130.26 feet to a %" Iron Rod for corner;, THENCE South 81^ 13' 33" West a distance of 86.24 feet to a point for corner; THENCE South 68^ 27' 45" West a distance of 111.15 feet to a point for corner; THENCE South 55^ 08' 07" West a distance of 134.14 feet to a point for corner; THENCE North 83^ 40' 48" West a distance of 78.18 feet to a point for corner; THENCE North 63^ 27' 22" West a distance of t49.69 feet to a point for corner; THENCE South 25^ 57' 55" West a distance of 232.50 feet to a %" Iron Rod for comer;, . HENCE due West a distdnce of 767.70 feet to a Point for corner; ' · THENCE North 03^ 12' 5.7" East a distance of 550.34 feet to a fence corner post for corner; THENCE North 64^ 35' 24" West a distance of 413.13 feet to a %" Iron Rod for comer;, THENCE North 01^ 59' 31" East a distance of 706.01 feet to a %" Iron Rod for corner;, THENCE North 02^ 40' 18" East a distance of 2,126.97 feet to a fence corner post for comer;, THENCE North 1~4^ 51' 02".West a distance of 554.33 feet to a ronco'comer post fo~ comer;, THENCE North 05^ 48'02" West a distance of 10.33 feet to a fence comer post for comer;, · 'THENCE North 88^ 39' 36" West a distanceof-856.1~4 feet to a %" iron Rod for comer;, .' . THENCE North 02^ 51' 54" East alorig Trinity Road a distance of 527.49 feet to a ~" Iron Rod for THENCE South 88^ .~16' ~ 5" East a ~listance of 869.42.feet 1o a %".Jron.Rod for comer;, THENCE North '~ 6^.57'.*.38" East a'distance of 14§;4~ Ieet to a %" Iron Rod f6r comer;, · ' THENCE North'B2~ 26'-S2' West a distance of 707.37 fcc,, to a'%" Itoh Rod loc comer;, /'-~HENCE North 92^ 5~'.54" ~=n-~t along Trinlty.~oed a distance of 560.38 feet to a %" iron Rod for ..omer; 23. EXHIBIT C .. Z-99-072 -. .. THENCE North 02^ 51' 51" East continuing along Trinity Road a distance of 179 93 feet to a '~" .. Iron Rod for comer; ' THENCE North 02^ 51' 54" East continulng along and departing from Trinity Road a distance of 851.47 feet to the POINT OF BEGINNING. Cot{raining 191.72 acres, more or - EXHIBIT D Z-99-072 · .Single Family (SF-13) i POINT OF BEGINNING being a %" Iron Rod South 86^ 44' 34" East along Mills Road a distance of 85.76 feet to a point for comer, said point being in the east right-of-way of Lakeview Boulevard (a 60' right-of-way); THENCE South 86^ 44' 32" East continuing alsng Mills ROad a distance of 124.50 feet to apoint for calmer; THENCE North 43^ 16' 17" East along Trinity Road a distance of 97.99 feet to a point for comer; THENCE South 46^ 43' 40" East a distance of 62.76 feet to a point for comer; :THENCE S~uth 61^ 26' 46" East a distance of 184.15 feet to a point for comer; THENCE South 46^ 08' 37" East a distance of 116.88 feet to a point for corner; THENCE South 78^ 31' 18" East a distance of 205.51 feet to a point for comer; THENCE South 34^ 26' 15" East a distance of 113.77 feet to a point for corner; -I't-1ENCE South 57^ 53' 03" East a distance of 124.36 feet to a point f0~ corner;, THENCE South ~6^ 43'51" East a distance of 103.64 feet to a point for comer;, THENCE South 32^ 05' 28" East a distance of 151.09 feet to a point for corner; THENCE S;3uth 85^ 46' 40" East a distance of 51.22 feet to a point for cOrner; THENCE North 45^ 18' 48" East a distance of 133.07 feet to a point for comer; ;THENCE due East a distance of 60.95 feet to a point for comer; THENCE South 53^ 41' 10" East a distance of 81.26 feet to a %" Iron Rod for corner, THENCE South 03^ 13' 45" West a distance of 832.91 feet to a ½" Iron Rod for comer;, THENCE South 60^ 26' 45" East a distance o~ 546.89 feet to a'Corp~ O]~Eng~neers Concrete Monument marked Q-300-W for comer; THENCE South 37^ 06' 22" East a distance of 406.29 feet to a Corps o!.Engineers Concrete '-Monument marked Q-299-W for. comeT .. . THENCE South 40^ 44' 09, East a distance of 5512.9 feet tO a Corps of Engineers Concrete 'Monument marked Q-298.:W for comer;, · THENCE South -33^ 41' 46"-East a distance of 277.90 feet-to a Corps of Engineers-Concrete · .Monument marked.Q-297-W for c~.mer, , '~ THENCE South 25~.05' 59".West a distance' of ~J 52.09 ~et*to a Coq3s bf E.n'gineers~Concrete Monument mar~ed 1~-'296-1N for.comer. THENCE South 08~ 56' 29" West a distance of 298.82 feet to a Corps of Engineers Concrete Monument marked Q-295-W for comeT;, · EXHIBIT E Z-99-072 Field Notes for Parcel D - Single Family (SF-7} (including School and Park sites) POINT OF BEGINNING due East a distance of 767.70 feet to a ~" Iron Rod for corner;, THENCE South 63^ 27' 22" East.a distance0f.149.37 fee't to a poin~ for comer;, · ·: THENCE North 26~ 02' 37" East a distance of 168.76 feet toa point for c°mer; THENCE South 83^ 40' 47" East a distance of 122.65 feet to a point for comer; THENCE North 55^ 08' 07" East a distance of 150.52 feet to a point for corner; :THENCE North 68^ 27' 44" East a distance of 101.42 feet to a point for corner; THENCE North 81^ 13' 33" East a distance of 62.77 feet to a point for comer; THENCE South 87^ 32' 22" East a distance of 15.00 feet to a ~" Iron Rod for comer; THENCE South 02^ 27' 48" West a distance of 1,800.00 feet to a %" Iron Rod for corner; THENCE South 26^ 28' 54" West a distance of 274.05 feet to a ~" IrOn Rod for comer; THENCE South 42^ 52' 48' West a distance of 220.14 feet to a ½" Iron Rod for corner, 'said point being on the north right-of-way line of McKinney Street (F~M. 426); THENCE North 47^ 27' 12" West along said right-of-waY line a distance of 319.59 feet tca ½" Iron Rod for comer; . THENCE North 46^ 46' 12" West along said right-Of-way line a distance of 956.20 feet to a ½- Iron Rod for a point of curvature on a Circular curve concave to the Southwest and having a . radius of 710.61 feet to a point for comer and a tangent bearing of North 47^ 07' 12" West; THENCE run alongthe arc of said right-of-way line through a central angle of 16^ 29' 19" for a distance of 204.50 feet to a ~" Iron Rod for comer; THENCE North 03^ 12.' 57" East departing said right-of-way line a dis. tance of 1,016.11 feet to the POINT OF BEGINNING. · Containing 50.84 acres, more or less. 26. ~,~'. ~ATTACHMENT 3 ., ~ '" ;' NOTICE HEARING Z-99-072-- . CITY OF DENTON, TEXAS Z-99-072 200' No~ce. doc CITY HALL WEST · DENTON. TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 27. i'he Planning and Zoning Commission of the City of Denton will hold a public hearing on W~dnesda~,, October 13, 1999 to consider rezoning a 410 acre site located between University Drive (HWY 380) and McKinneY Street) F.M. 426 east of Mayhill Road from an Agricultural (A) zoning district to a Single- family 7 (SF-7) zoning district on 133 acres, Single-family 10 (SF-10) zoning district on 85 acres, and 'Single-familY '13 (SF-13) zoning distriCt On 192 acres zoning distric, t (see 'map on backside).' The property is legally described as'Tracts 20;23, 27A, 36,.40, 123; 124, 125, and 127 out'of the M~ Forrest Survey (Abstract 417) and Tract 10 out of the W. Durham Survey (Abstract 330), in the City of Denton, Denton County, Texas. The purpose of the zoning change is to develgp a mix of single-family lots and housing types. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public healing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Developme, nt Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process includes two public hearings designed to provide opportunities for citizen :--4tnvolvement and comment. Prior to the public hearings, landownerS'within two hundred (200) feet of he subjeCt prOperty are notified of the zoning request bY way Of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission i.s. informed of the percent of~? responses in support and in opposition. Second, the zoning petitior~ is fo~/a~l'ed to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent .of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: ~ In favor of reques~ Neutral to request Opposed to req'u_9.es.t ......... :..-'t Telephone Number: .'~'~//-~ c~ ~__ ~ Physical Address of Property within 200 feet: BUL~RD C. OHST INO NOTICE OF PUBLIC HEARING -: T~m PJ~n~g arid Zoning Gomml~k~ ofth~ C~ ~ ~ ~ a ~h~ S~et, near Trimty ~aO. The pu~ ~ng ~1 ~ ~M d~ ~ P~n~9 e~ Z~ Co~ion ~e~g t~ s~ erst0 p.m. in ~e ~ ~ ~m~m o[~ ~B. 216 E. M~ey D~ton, Te~s. Becauee ~ own property wlthl~ two hundred (ZOO) feet of the subject pro~,e~, ~ho Pia, nn~g and Zoning Commi~ion ~uld Eke to he~r how You feel about thl~ xeque.~t to oha~9~ zon~j and !nvRe~ you to attond the Public hear/nO, ,In addition, you are i~vited to ooml~lete this form end return it pr/or to tho date oflAe publ[= I~eanng. Comple~ng end returning t~a form doe= not prohib~ you from et~n~g and part~patl.g In ~e puhTic h~flng. You mey faxthe ~rm to (940) ~9-770T, mm'i ff to the address below. of drop it otTin Planning am:l 221 N. Elm St~t .. ~n~ Tex~ 7e20t A~: ~ Donald~ lnvo~nt eno ~m~t. Pdor to ~O ~bi~ h~fi~e, ~nd~em ~ 2~ ~et ~ ~ subje~' -.~ ....... ~na, ~ me z~ o~em of more ~an ~ petit of ~sJ~, ~n ~ ~ ~e ~ve~ vo~ ~ C~ ~u~ ere reqU~ ~ app~c ~e zo~ng mqu~t. Thee ~rms am u~ to ~1~ Comments: P~red Name: Ma~ing Address: C~,/8tme~3p: I:~one Number:. P/ease Cimlo One: In supporl of request Nou~'el to request SB~- I',~/~TT,,R DATBD 10-12-99 ATTACZ-bX':D AOdres~fPmPe~yvdtrdn200feet: Adj~cen~c ~co and $oul;h of SH-.380 and ad acon~ So the north roper~y line o~'~he property subjee~ ~o ~ OF DE~ON, TE~S Cl~ HALL WaST DENTON, TX ?e20~ f~e..~ 10/1.'2/.1,999 11:4.?, PA(~E 02 '.:.?. o2 VIA FAX (940) 349-770'/ Rnlph BuUard F. O. Box Addison, Texas 75001 · 9'/2/661-~474 Planning and Develop~tent Dcpartme,n 221 N. l':lm Swccl D~-~ton, Texa~ 76201 Attu: Mark I)onaldsem RE: Zoning Case Z-.99-072 C~ntlemen: A~ a property ovn~r adjacmtt to this zoning application, I have ~mle concern with thc request 13r One Family Dwelling (SF-7) being adjacent to my property tha~ has a Planned Devdopmem zoning. Specifically the pi) :rz)ning on my property permtt.f multi-ramily and Ii,hi industrial u~s that would be adjacent to Ihc $F-7 .zoning. The ba]an(~- of the applicant's property that is adjacent to my property is, al~ it is my understanding will remain, agrkultural and platted For a minimum of one a~ lots, As you are aw~¢, people will pm'chase homes or home sites and never check to detcm~ine the zoni.8 and permissible land uses that is next to them. The problom arises when the l~ermilxed uses of multi-family or lisht industti',tl are implememed. To alleviate this potential problet~ I would susgest thc Planning and 7.onin~ Commission require the applicant to c~mtinue with the aom'iaulmral zoning for one acre lot minimum cast of the e×istin.~ platted area cast of l.akevlew Blvd. fbr a minimum distance o!'700 feet (or a reasonable dls~ance that is in kccping with g, ood plannins pulicies and practice.x) south or their north property line before ccnmnencing with thc SF-7 Thank you fo~ your consideration of this request:' : . MINUTES '*: -..- Date_ I PLANNING AND ZONING COMMISSION ... October 20, 1999 Special Call meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 20, 1999, and began at 5:30 p.m. in the City Council Chambers at City Hall, 215 E. MCKinney. ' . · · . Commissioners Present: Jim Engelbrecht, Elizabeth Gourdie, Salty Rishel, Susan Apple, Rudy Moreno, Perry McNeill, and Carl Williams. Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Bucek, Assistant City Attorney; Larry Reichhart, Development Review Manager; Wayne Reed, Planner II; Jerry Clark, Director of Engineering and Transportation. 1. Continue a public hearing to consider making a recommendation to City Council concerning the rezonin9 of approximately 410 acres from Agricultural (A) zoning classification to a variety of zoning classifications, including Single-family 7 (SF-7) on 133± acres, Single-family 10 (SF 10) on 85± acres, and Single-family 13 (SF-13) on 192+ acres. The property is located in east Denton, stretching from near Highway 380 to McKinney Street, near Trinity Road. (Z-99-072, Lakeview Ranch, Wayne Reed) Motion by Susan Apple and seconded by Salty Rishel to recommend approval with conditions to City Council. ,Discussion of.item is included 'in Court Reporter's transcript attached to this set of minUtes (Page 1). ' . " ' ' . .Motion cardes 7-0. ' · 2. Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approximately 48 acres of land from Agricultural (A) zoning classification to a Planned Development (PD) zoning classification allowing the development of 280 single-family residences. The property is located in east Denton, south of McKinney Street, approximately 3,000 feet east of its intersection with Trinity - Road. (Z-99-0.4.6, Lakeview Ranch, Wayne Reed) Motion by Susan Apple and seconded by Perry McNeill to recommend approval with conditions to City Council, *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 1)~ ' · · .Motion cardes 6-1. Carl Williams Opposed. . Conde~seItTM ; I PROCEEDINGS 2 l~. lm0m._n_v, ecrrr: Good ~v~gng, everyone. 3 4 ~ ~g of ~ P~ng ~d ~n~m~sslon for 5 ~ Ci~ of ~n, T~as for ~s W~y, 6 ~ 20~ 1999. Wo ~vo ~o i~ on · 7 ~g~ ~ssion~, ~ ~ ~g bro~t by ~ ' 8 . s~v d~lo~ and ~ aH p~ o~ ~ s~e ~elopm~t. 9. ~t ~p~ ~ ~ across ~ across Mc~nn~ l0 S~t ~ on~ case. So ~ can ~ of~ at one Il ~ ~d ~ ~ s~ff ~o~ and d~el~'s ~o~ 12 et ~, and ~ we s~ply ~v8 ~o ~ vo~. 13 ~y obj~on? O~y. ~ g~t. 14 ~ ~at cas~ I~ 1 is ~ congnuv a IS public ~ng and consid~ m~ng a ~o~gon 16 Ci~ ~cil coning ~ ~ng of appro~a~ly 17 410 ac~ from ~c~l cl~sifi~fion ~18 of ~ng classifications inclu~ng s~7 on 133 ac~, 19 s~loon 8S ac~, and Singl~F~ly 13 on 192 ac~. 20 ~ pro~ E l~a~ in ~t ~n s~ng from 21 n~ ~y 380 ~ Mc~nn~ S~ n~ T~ Road. At 22 ~s fim~ I'H o~ ~ public ~ng. 2~ ~ I~ No. 2 is ~ con.ne a public 24 ~ng ~ consld~ ~ng a ~o~fion ~ Ci~ 25 ~cil cohering ~ ~ning of approx~a~ly 48 5 6 7 8 9 10 Il 12 lB 14 16 17 18 19 2O 21 22 23 24 25 ~ sran~d an oppo~ual~ ~o sp~. ,~d if ~-~ i~ opposition, ~ n~ ~u~. FOrGeS ~ I ~ clom ~ p~bNc ~ng. S~ ~Ve ~y final ~r~. ~ssion ~ ~scms ~o~m&gon. · . A coup~ ofno~; ~y · ' aHow~ ad~fion~ fl~ ~ ~ by a vo~ of ~ . m~ ot~ ~sslon. We wo~d ask ~ch s~ con~ ~ or ~ p~enfing n~ intonation not ~v~ by p~o~ ~. ~d, finally, ~ssion~ ~y at ~y ~v ask qu~fions of anyone and call on ~ s~ff at ~y clos~ s~sion as aHo~ by ~w. ~ you, ~. R~. App~ia~ ~t. ~ sv~ I ~ppo~ now I'H ~u~t ~fom m. ~ applicant is ~u~fing, on one hand, on ~ sou~ sld~ of Mc~nn~ on a 47-acm ~ct for a small lot d~clopmcnt of 5,~00 sq~ ~n~m, For ~t p~c,l~r ~u~ s~ff sent out a public notice ~ five pm~ o~ and as of ~fing and as of ~y ~'w ~dv~ no ~pons~ for ~t p~c~ ~u~t. For ~ o~ ~u~ w~ch is ~ ~pro~ on Page 2 I acres of land from the Agricultural classification to a 2 .Planned Development zoning classification allowing'the 2 3 development of 280 singlc-family residences. Thc 3 4 property is located in east Denton south of McKinney 4 5 Street.approxlmately 3,000 feet east of its intersection $ 6 with Trinity Road. At this time, I'll open thc public 6 7 hearing for that Agenda item, as well. And I will ask 7 8 Mr. Reed to provide ~ with the staff report. 9 Mm REEO: Thank you, Chairman Eng¢lbrecht, 9 10 and good evening, Commissioners. I'll simply skip the 10 11 usual paper that we go over. Is that all right? The 11 12 publio proccedi9gs, the public hcarlngs proccedlngs, is 12 13 thatall'right since it's just one hearing tonight? ' 14 MR. ENGELBKECHT: Yeah. 14 15 MR. REED: TMs was Up hct'~ -- 16 MR. ENOELBRECHT: Oh, yeah. Let's review 16 17 the -- thank you. I forgot to review the proced.ures for 17 18 publio hearings. The Chair will open the public hearing. 19 Following that, the staff will read its petition, give its 19 20 r~port, and m/Ll~ a recommendation. Following the staff 20 21 report, that's onrnber three on the overhead, the 21 22 petitioner will b~ grv~ted t~l m{nuteg to gpeak to the 22 23 petition. And following that, persons in favor of the 23 24 petition will each be granted an opporhmlty to speak. 24 25 Following that, persons in opposition to the petition will 25 · thc south of University Drlvc, staff sc-at out a total 13 notices to property owners and as of this ti~e received no direct responses as far as thc forms that wc've mailed out. I have given to thc Commission, however, a letter typexl up by a property owner in the area indicating their support for the request. So public notice was dually noted. A courtesy notice had gone out previously but I don't havc the numbers in front of mc. But that was sent out originally for this request. Both of these Properties were part of a planned. Dcvclopment, which in 1997 was rczoned back to Agrloultural. Back in Septcraber of 1990 this entire property was zoned including what is now Lakcvicw Ranch the one-acre subdivision that is already out there and is not part of the request tonight, was zoned Planned DevelOpment 126 for a mixture of residential lot sizes. So now we're ironically back here tonight to look at a request to rezone it from Ag to a mix of residential lot sizes. I would like to state that one of the most important parts about this zoning request involves its impact on traffic or Wansportation infrastructure. And I would like to ask if the Commission. has any concerns about traffic~ that mzyba we look at that first as Jerry PLANNING AND ZONING OCTOBBR 20, 1°n~ _ Pago 1 - Pago 4 31. .............. .' -Cond~nseltTM. .... . Page 5 i Clark is hero to answer that ~nd I want to gii/0~the 2 Commlg-eion full time to speak with lerry if there are 3 any concerns that they have before I ad.d anything else 4 or give staff's recommendation. $ MR. ENOELBRECHT: okay. We would like to 6 hear a rsport on where we stand with regard to the issues 7 of the road and the bridge. 8 MR. REED: The reason !'bring this up is. 9' Jero' Clhrk has ~ time schedule tonight. I want tO make ' 10 sure we have enough time if you have questions to have 11 that discussion. 12 MR. ENGELBRECHT: Great. Okay. 13 MR. CLARK: Members of the Commission, 14 basically, we've been working with tho developer. Tho 15 transportation issues are not completely solved yet but 16 I think we're making progress towards those. We've 17 reviewed the traffic study, have done significant 18 analysis, and I think we're working out probably or have 19 worked out 90 percent of those issues. That's not 20 completely confirmed yet and that's why the conditions 21 am in your backup. 22 The major issue involves the location of 23 where the secondar~ arterial is going to be and that has 24 not been completely determined. I can go into detail .on 25 that if you want or. just toll yOU that that's still up in Page 6 1 thc air. The developer wishes to move it outside of his. 2 development and that would move it to a route to thc west 3 of Trinity or down Trinity Road. And right now staff is 4 recommending that it be moved to Trinity Road because that 5 is wbero thc cars will go immediately anyway. We're not 6 sure that that other route, where wc will get no immediate 7 rightT0f-way, helps us and so wc feel that these can be g worked out but they haven't heea as of yet. The lower end is contingent on the upper 10 and. Obviously, your zoning Case 46, I think is tho 11 number. And if the road is moved over to Trinity, it 12 ' ~ use the same bridge as what Would have ~ used I 3 with that most westem route and that is a shorter · 14 brldge and will actually save on the cost. TheCity 15 wiR probably bo tho one that ends up building that 16 unless some other huge development comes into this area 17 and changes the whole makeup of it. You're probably IS looking at a multi-million dollar bridge to get aerass Ii} Pecan Creek there. So this move over will save and that 20 will happen either at Trinity or if it's moved farther 21 v/cst. 22 I think there's eno other is.9.g, eno ofth~ 23 positive benefits if Trinity is used is it would be 24 upgmdedlmmediately. It's kind of a seal-coat road. We ,25 would upgrade it to City atandar~s. I mink that's the 1 2' 4 $ 6 7 8 9 I0 11 12 13 14 15 16 17 lg 19 2O 21 22 23 24 25 majorlty of tho issues. TI~ rest relate to 'sPeCific impmvem.~, ts at sPecifio intersections and we ar~ moving rapidly tow~rd~"~esolvlag tho lX~Centages of payment towards, of tho &vdop~r towards those improvements. Obviously, if th~ Stag comes in on McKinney Strut, which some of you have been on tl~ bond committee, and improve~ that in'st, then t~ don't l~ve to do any of those improvements. But most Of thc othcr ones 'arc on City. streets and would eitlm' have to b~ don0by this deVelolm- or a developer that develops befor~ then. Do~ that help you any'? ~m. ~'~OELBP,~ca'r: A~e there questions? Yes, Mr. Williams. MIL WILLIAMS: I Was in la-la land ween you mentioned who would pay for the million dollar bridge. Could you t~peat that, please? ~ ct.~.Rm The actual crossing of Pecan Creek is probably going to be a City expenditure. That's tho one at tho south end between Case 46 and The Preserve and that will ~ a multi-million dollar bridge by tho time i/'s all done but that's essential to make tho connection. ~a. WILLt~.MS: okay. Is that currently in the Engineering budget, Public Works budget? ~ cctam: it will actuary probably end up · .' Page 8~ I in a drainage budget. The bridges have been moved to 2 drainage. 3 MR. WILLL~S: Currently, it's' not a current 4 budgeted item today? .5 MR. CLARK: It'S not budgeted. So the 6 actual connection from Case 46 to The Preserve is 7 several years off. So this north/south arterial is 8 probably several years off which means most of the 9 traffic will come down either to MeKinncy or they'll go 10 north up to 380 or they'll feed in on Mills and Blagg, 11 Do you und~stand thoso roads? Am you up-to-date on 12 those roads? 13 MP,. ENGELBRECHT: · Mr. Williams, does that ' 14 'answer your question? 15 MR. WILLIAMS: It left mo a little bit mom 16 confused. 17 MR. ENGELBRECHT: All right. We'll go on 18 and then we can come back. Ms. Gourdie. 19 MS. GOU~DIE: That's what I was wondering if 20 you could show us a visual as to what you're talking 21 about. It is confusing when you say moving it to the 22 west wrsus wher~ it's proposed. 23 MR. CLAR~ I should have used this in thc 24 first place. I apolol~, This is -- the 25 Thoroughfare Plan calls for it to either come here or on PLANNING AND ZONING OCTOBER 20, 199° . Page 5 - Page 32. 5 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 ..: CondenseItTM Trinity. Those options were put in in I)ec~a. bet. of 1998 so if you look at your eld Thoroughfare Plan, I mean, fig existing Mobility Plan, .as it's called, it shows it coming right hero through thc development. The developer is interested in moving it out of that · section. They've already built the two lanes up here and if any more lanes are built up here, the City will construct those. ... ·. ' · ' This s~cti0n,i they want to have more of a residential character. They've proposed to move it over here. I think we're right now tending to think this is the betttrr solution since there's no right-of-way lined up here and no developers contributing now and no proposed developments in those areas. So we're thinking that this is the best route for the thoroughfare. This is the bridge that I was talking about right here. We're also as one of the conditions asking that before this development proceeds on, that this bridge be addressed. This bridge is a critical link to make sure that traffio can COme between h~re and here without just completely loading up thc.sc two rural roads. So they have a significant amount of traffio coming here and they'll have a significant amount of traffic coming here. We feel this is, as far as the thoroughfare, that this will be the best solution. - MR. P~HEI.: Those two roads are, what, Mill~ and Blagg? M~ Ct. AR~ Yes, this is Mills and that's Bh~g. MS. C~OUROIE: I guess I'm pcrpl~cecl because didn't we already adjust our Mobility Plan at a previous meeling in which we were going to change it to tho middle route that yen're proposing which is Trinity Mills? I believe v~ had a big m~etlng about that, didn't w~? MIL DOIaALOSON: W8 had a briefing. TI~ P!*n_~ing and Zoning Commission made a recommendation on that amendment. That's never been taken forward to Council pending rosolufien of thls zoning case~ Pago 10 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 is the one to the east, is it goes through an individual'S p/ope~y and that gentleman we do not know ir ho w'o~ld ~v0 rift-or-way. MR. MCNE~LL: W~t, not east? · MS. GOURDIE: l'm sorry. We.st, correct. And Ix~ause that's private property right now, I bclicvc all of us were very concerned that this may never become Public. right-of-way and this is why the Trinity ROad was chosen as the alternative Mobility Plah obj~ctivc. Okay; So I'm -- so that's nll right now, so wc're still on the old Mobility Plan because it's. been lying in wait. Okay. That's what I needed to know. This is why it was very confusing to me. MR. CLARK: I'm glad you brought that up. That's a very good point. MS. GOURDI£: Thank you. MR. CLARK: Appreciate it. MR. ENGELBRECHT: Mr. Rishel. · MR. RISHEL: Does the property adjoin or touch Thc Preservc property to thc south? · MR. CLARK: It comes right to the ereek and then obviously on the other side that is The Preserve. So right here, they're opposite sides of the ercck of Pecan Creek. MR. DONALDSON: I believe bctweerl, them is 1 2 3 4 5 6 7 8 10 11 12 13 Corps of EnglneO. land. ~ RlSfiEL. S~ ~ dod;t phys!.cally abut? MR. DONALDSON: COrrect. MR. RISHEL: okay. Thank you. ~ ENOELBRECHT: MI'. Williams. MR. WILLIAMS: Yeah. I nccd to ~ a little bit moro about this Mobility. Plan that has something to do with this property because I'm trying to find out - because what I h~ard was tho Mobility -- tho rccommcndatlon is based upon tbo approval or disapproval of this zoning. And maybe I heard that wrong. ~ ct,~ okay. L~ mc start ov~r on that. On tl~ Mobility Plan'it outliocs oar goals for . basically. ~ ~ ~rhat's a good point. MS. ootreote okay. So pending r~olutlon of tlgs zoning case,, tt~ r~commendatlon wasn't put forward because w~'re waiting on what's happening he~o. Ob wow. MR. MCNEILL: What was t~ l~commcndatlon? ES. OOUSDm That We switch tho Mobility Plan~ which originally showed tbo outer loop which went along ti~ t,v~ tho~ to tl~ otlgr dotted li~ which is Trinity Mills because it was supposedly economically moro feasible. Tho problem with tho third rou~ which 14 transporiatinn for the next -- 15 M~ WmUA~S: ~understand what a Mobility 16 Plan is. 17 Ma. CtA~ ~knowit. I'm just trying to 18 lead into it. I apologlz~ ff that was not very - 19 M~. WiLUm~IS: m otter words, I don't want 20 to bo ~ till 2:00 o'clock. 21 tva,~ CCAgm Sur~. If you want to change the 22 Mobility Plan, what it requlr~ is an amendment, grant th~ 23 &v¢lolgr had proposed with this amendment, wben w~ came 24 in w~ proposed that this would prehably bo tho better 25 solution and tho develotgr was not in a~ent with that Page PLANNING AND ZONING OCTOBER 20, 1999 Page 9 - Page 12 1 2 3 4 5 6 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 l! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Parc 13 at thc time and wc am negot!afin~ With them now. But thc official amendment has not proceeded bn. If wc go with Trinity, it was actually shown as an alternate and wc'H check with legal and see if all wc havc to do is delete onc of thc two alternates. This was shown as eric alternate and this was shown as another. This was shown as the primary and this was"the alternate. We'll sec if al! we have to do is delete that off and w~ regll, y don'.t' have {o have a hearing Or we may ha~'e to have a hearing. We haven't confirmed that yet. Once this issue is resolved, then we'll do it. But the amendment of the Mobility Plan makes it official where the route is supposed to go. If it's on Trinity, then this will go down to just like a residential street and come off the map. MR. WILLIAMS: Okay. Now, I've heard that this Commission made an amendment and it's sitting somewhere someplace. MR. CLARK: They madc a reoommendation to the City Council. M~. WlLUAMS: okay. It left here and went. to City Council. lvIR. CLAg~: It hasn't gone to City Council yet. It hasn't been put on an agenda but your recommendation stands until it's either not pursued or · -" :"-:~age 15 [ tmvc somc unprovaments to it. ' MS. GOURDIE: BUt this is outside of the property o~v~-~, of the development's property? MR. CLARK: It'S outsldc thc pr6perty owner but if thcy run 1,000 trips a day, then wc want to make sure that we've looked at that carefully. MS. OOUI~IE: And is it in our ability to have them fix thc road. up to -- MR. CLARK: To'thc amount that they generate · ' ' Page 14 City Council adopts it or adopts something different. MR. WILLIAMS: Okay. Before I can vote on this, I'm going to need to read that amendment because I'm voting in the dark if I don't read that. lag. CLARK: okay. I'll get that for you. I'll go down and run a copy of it and get that for you. · MR. WILLIAMS: okay. Thank you. MR. ENOELBRECHT: MS. Gourdic. MS. 6OUm~IE: Are the roads Blagg and Mills 10 the impact, yes, it is. 11 MS. GOURDIE: Okay. Thank you. 12 MR. CLARK: And they have to bring it to a 13 minimum standard where it's safe. 14 MS. GOURDIE: Thank you. 15 MR. ENGELBRECHT: Other questions? 16 MR. MCNEILL: when wa~ that msolutlon sent 17 forward to the Council? That was just after I got on 18 the Commission, wasn't it? Wasn't that the last two or 19 three months that that was hero? And we had this same 20 discussion about shall it come right straight down or 21 shall it go weSt and that was the resolution we passed 22 forward. Okay. Thank you. 23 MR. CLARK: It was in late August, early 24 September. 25 MR. ENGELBRECHT: If We recommend -- let's able -- I drove down them when I went through this property and they are very rural, to say thc least. Where am ~ going to send thc property while we -- these people -- I mean, I guess What I'm trying to ask is build-out time versus time for the roads, are we just going to !~ putting undue str~s on th~ rtu'al roads for these folks that live there or what are we really going to be doing here? MR. CLARK: They are very rural and that's one of the thlngs that we're negotiating. I think it's Mills is thc one that is proposed to carry 1,000 trips a day. Tao impact on this one is minimal. But this one is proposed to carry 1,000 trips a day and one of the things that we're -- and that's one of the things that's not resolved yet is that we're not so sure if we're go'rog to nm 1,000 trips a day on it that it shouldn't : page 161 assume for a moment that t~e Trinity Road, since that was our recomrq, endation let's assume that's the route that's going to be taken, what will be the requirement of this developer with regard to that stretch from McKinney to the new Lakview Boulevard? MR. CLARK: That's also one of the things that still hasa't been settled, what impact that -- they haven't agreed on the impact and what they are willing to improve yet. Do you want me to tell you what we're PLANNING AND ZONING Page 13 - Page 16 OCTOBER 20, 1999 10 recommending7 11 MIL ENGELBRECHT: Yeah. ! want to know 12 ix~auso !'mno~ at all .comfortable with.try!ng t° move 1~ any of that traffic dnwn'th0se little roads and then 14 over to MayhilL That's why this whole plan was put 15 togethcr,.Lakcview Boulevard and thc design was to --thc 16 purpose was to carry that traffic from this area through 17 there. 18 MR. CLARK: Wc're recommending two lanes be Ii) improved from hero to here and that this bridge be 20 installed, two lanes of it. 21 MR. MCNEILL: On your map ther~ -- excuse me 22 for interrupting -- on your map where is University, 38.0 ' ' n ri~,ht 23 -- MeKinney, where s MeKinney?- That s Meg. in ey gn th . o y. MR. l~O£U~msch"r: ~ry, when you say $ 6 ? 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25. ~,' Cond~nseltTM .: Page.!7 improved, an: you talking curb, gutter, two-lane Curb and guRcr'? ~ CLARK: Yes, two-lane City standards. ~R. ~O~.L~REcn'r: All right. Yes, Mr. Rishcl. MR. luSrmL~ As you talked about the road that comes down from University south and it's currently two lanes. Is th.at what.you said, Jerry? · . MR. CLARK.. Yes, two lanes f~oTM hero to ' here. MR. RISHEL: And you said if we wanted to take that to four lanes, we'd need to do that on our own thlq~ we're going to he all nght with this ff we get, since it's. ~nstmeted he~e, if'we get th~s bridge in plac~ and ~get the two lanes down to hero Ix~ausc a lot as a City. Do we own the right-of-way on that? MR. CLARK: Yes. There's 80 foot of right-of-way. MR. RISHEL: Thank you. MR. ENGELBRECHT: okay. Other questions? Well, I think that answers my questions with regard to 4 of their traffic will usc their rcsidentlal ~z~et. This 5 sort of traffic will feed down. Some hem might come up . 6 and use this. 7 MP,. ENGELBRECh"r: well, fight. 8 · MR. CLARK? .~ lot of their traffic, b~t th~-n 9 it will come in hero and come to Mayhill and come to 10 25g. A certain percentage of it is going to come up 11 hero and us~ 350. 12 ER. ENGELn~.ECHT: Exactly. But we're losing the northern llnk from McKinney up. Basically, what we need is a condition that until that road is repaired and that brldgc is built, nothing goes anywhere. That's thc way I see it. MR. CLARK: That's generally what we're recommending through those conditions that Planning is put in the r~port. · ' "' Page 18 13 that link that they would have built two lanes right 14 there? 15 MR. CLARK: Ye, ah. This link which would 16 have been on thoro is not going to be provided for here. 17 So, yeah, we are losing that. 18 MR. RISHEL: But it's a lot less bridge to 19 cross. 20 MR. CLARK..' Ye.~h, we are saving some money 21 with the'bridge. This bridge is going to be hetw~n $00 22 and 800 feet shorter. 23 MR. ENGELBRECHT: okay. All right. 24 MR. CLARK: SO that's going to reduc~ our 25 costs. There arc two bridges this way but they're still Page 1 . MR. ENGELBRECHT: Okay. Now going south, 2 now we've got the other link of this thing. Now, right. 3 there except is it now right thoro or is it moved over 4 immediatdy across Trinity Road? 5 MR. CLARK: If this is moved and they really 6 have no impact then this begomes a residential street. 7 This becomes a residential street and this will really 8 become somebody clse'~.issue. This one will be -- when 9 these properties develop, then we'll get this section. 10 You had a zoning case como in I think for a mobile homo 11 community, that gives you some opportunities them. 12 MP~ DONALDSON: yeah, that's go.ne away. la MR. EIqO£LBRECh~: BUt'that's the problem 14 with moving it over to Trinity Road is is that all of a 15 sudden that link right there now becomes a pi~c~ in 16 waiting, if you will. If we had taken the eastern 17 rout~, then this developer would have been required to 18 construct that link of Lakeview Boulevard? 19 ~z. CLARK: Right. 20 MR. ENGELBRECHT: could I get that other one ~1 hack up them? All of a sudden you switched maps on me 2 now. Thank you. .' 23 ~ CLAret: Basically, we would have got it 24 down to hero but they don't generate tho need for this 25 bridge but we would have had it from here. The ,hi,~g is ! I shorter than the one that comes across hero. -~.- 2 MR. ENGELBI~CHT: And The Preserve will 3 build up -- 4 MR. CLARK: I know now, I apologize, I need 5 to mention before, the real advantage which they've 6 brought up all along on this is a thoroughfare over in ? this area, over in this area, is really serving -- which 8 it's serving this area, it's bett~r to have it in the 9 middle than it is clear over on one side. 10 MR. ENOELBRECn'r: yeah, and the bridge is 11 shorter. 12 MR. cLmaC: That's the major benefit we gain la ' a6d I thlnl~'the benefit ~f that liopofully Will OUtweigh' 14 the loss we have here and also the gain we have from the 15 shorter bridge here. So there are some real positive 16 things in that. I apologize for not mentioning that. 17 MR. ENGELBREOHT: Okay. Now, Tho Preserve 18 will bring it up to where? 19 MR. CLARK: .the Preserve is going to bring 20 it up to right hem. 21 MR. ENGELBRECnT: Al1 fight. 22 MR. CLAP, K: 'that's Pecan Creek. This is 23 P~can ~ right here. 24 MIL RlSm~U south of the crock. 25 MP,. CLInic: Yeah. 2'hat will stop on th~ PLANNING AND ZONING OCTOBER 20, 1999 _ P. age 17 - Page 20 35. 1 3 4 5 6 '7 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 10 11 12. · 13 14 15 16 17 18 2O 21 22 23 24 25 page 21 south side. MIL ENOELBRECHT: Yeah. So we have to figure Out a way to get the bridge in and get that link down in order to link that all the way up. MIL CLARK: Yes. MR. ENO~.LBKECHT: And what's the estimate on that little link, not the bridge, but the link of road for two lanes? . MR~ CE: A quarter million, just a guess: MR. ENGELBRECHT: That's to do it. That's not to acquire the fight-of-way? MIL Ct. ARK: No, not to acquire right-of-way. MR. ENGELBRECHT: Asstlmlng We have the right-of-waft MIL ct.Amc: ~ight. MIL RISHEL: IS there any leverage in that? MR. CLARK: If the developer gave us a right-of-way you could probably count that as a leverage. There is no State involvement on that. Thc thing that the State is talking about working is working with the developer through a bridge program to try to get this bridge in place because the State would like to see this in to help. They're aware of the congestion here and this would actually help some along -- when 288 is being built relieve a little traffic, too. I say that~ from l'D-12s down to Ag back in 1997. ~ ' 2 portion of...t~. PD Sc:iiiMn~.d and that was the northern 3 portion and th~ was for non-residential uses. And also 4 another portion was kept. But the portio~ to the north 5 of this property is for non-residential uses. I think 6 there may be some Multi-Family, as well. 7 MIL DONALDSOn: There's General Retail, $ Multi-Farml'y, and Light Industrial.' · :9 MIL RE£D: And it's important that I point 10 that out because the concern of the property owner up' I l there says that they have concern with the request for 12 one-family dwelling, SF-7, being adjacent to their 'Page 22 MIL I~i'GELBRECHT: Are they going to assist us with that larger bridge at this point? MR. CLARK: We have no offers yet. MR. ENGELBRECHT: Okay. You don't have any? Okay. All fight. MIL Ct. Amc: This is an existing bridge so the pr?gram they have would put some money into it. Tbere is no bridge here. ~ · MIL ~OEL~m~CHT: Okay. Any other questions? Thank you. And you're going to get the -- MIL C~: copy for Mr. Williams. .. MIL ~OS;L~R~ctrr: okay. Very good. Ma. Wr~UAMS: 'thank you. ' MIL ENGELBRECHT: Mr. Reed. MR. REED: I'I1 start Off by correcting myself earlier. I did forget that we have received three responses from property owners. Two of them are in favor. They did not write anything but they are in favor. We did receive one in opposition and it is from a property owner which is adjacent to the 072 request. And if we get the document camera back, the property owner owns property up here. And, basically, let me show the zoning map also demonsh'ates that that particular property located up here is in PD-12S. Ihad mentioned earlier that this property was down-zoned, if I could 13 14 15 16 17 18 19 2O 21 22 23 24 25 PLANNING AND ZONING property, wMch has a Planned Development zoning designation. And often the Commission is sensitive when there's different residential zoning. In this case, it's Multi-Family, General Retail, Commercial abutting what would be SF-? for this request. And I'm going to pass this around. And I thank Jerry Clark for going over transportation so eloquently. That is, of course, one of the ma]or..issues of thls zoning request. The other is its compatibility with surrounding zoning and its consistency with our Comprehensive Plan. Concerning those issues, I'll address that we find at staff level tha~. the requestis consistent. And if you look at the " ' Page 2.4. I request for the l~roperty' on the south skle of McYduney for 2 5,500 square foot lots and balance that. with the remaining 3 property, some 410 acres where they're going for a mix of 4 SF-?, SF-10, and SF-13, we f'md that in total this request 5 offers a mix of lot sizes and, therefore, provides 6 something that is consistent with our Comprehensive Plan, 7 as well as the 1998 Growth Management Plan and land use, 8 draft Land Use Plan. 9 As far as its compatibility, well, there's 10 not much out there right now except for some single- 11 family residences on larger acreage and a lot of ETJ. 12 And, of course, we don't control .the property adjacent 13 to the request.Which is already in the ET]. SO we do . 14 find this consistent and compatible in so far as it can 15 be with existing land uses. And I'll point out that the 16 developer is also -- the applicant in this case is also 17 the developer of the Lakeview Ranch property which is 18 the one-acre subdivision with 155 lots that's already 19 out there. So I think he can best address how is thls ~0 compatible with one-acre lots. I'll be happy to answer 21 any questions. 22 Ma. h'NOEt3RECItT: questions, Commissioners? 23 It appears not at this time. Thank you. Is the 24 petitioner or petitioner's representative p~t? If you 25 would give us your name and business address for the OCTOBER 20, 1999 36. Pa.'ge 21 - Page 24 6 9 10 11 12 13 14 15 16 1'7 18 19 2O 21 22 23 24 25 1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 2O Page.25 record. - MIL SLAIN:. My name is Paul Spain. Business address is 700 Lakeview Boulevard. Wo'r~ the only ones out there, basically. If I could start out by telling you about our firat phase. The entire project is 735 acres. The first phase which we are developing out at Lakeview Ranch hem that you .s~ is 157. lots on 273 acres. A huge lrust phase; all lots ope to five acres . in Size. In that project we have started 0nth¢ arnenlty center and we've started on the entryway off of 380, we've paved 1,000 to 1,200 feet of entryway off of 380 to get the address on 350 and get the look. The amenity center, sales center is under construction now. As you see, it has very much of a ranch feel. That's under construction about 2,000 square feet. That will house a pool in the back for the community, community rooms, kitchen, restreoms, and also a sales office while there is sales going on out there. We also have plans for the first phase, horse trails. We've met with Ed scvcrai times and since we back up to the Corps, we'd like to turn the dirt bike trails into horse trails and have a little better. We do have some of the lots deed restricted so that they can have horses. Some of them are large enough too where you could go out the back of your lot directly onto the · - - Page 26 Corps land and ride and tie into Lake'Ray Roberts. It would be really beautiful. If I could walk throvgh the project sort of phase by phase because it's awfully large. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of engineer, property over here. Again, it does have'fl~ higher zon~g to the north of it. And to the south of it, it has pro/~'ty!that va~s also Part of the original Bass and has patio homes and five and elgh[ unit per ac-re residential zoned here. That's the reason for the ?,000 square foot request here as thc minimum site. Because of our neighbors, as they dcvclop, we're looking at · industrial multi-family on one side and intensity of five to eight on the other si~c. However, certainly if Wc are' successful with what wc're proposing and developing now, wc will continue doing so. Again, this is a minimum. With thc zoning around us, wc feel like that's a good land use. Tract B is the Wact parallcling A. Spotted trees up in this area. It goes along the creek, oHginaily planned for onc creek to go down the middle and basically reflect this, which it may, in fact, do, WE've requested on that some 84 acres SF-IO. Another part of that Wact is a 15 acre parcel down here which goes along thc creek and is awfully attractive. Tract No. C is probably thc prettiest, it's just under. 200 acres. It's pretty heavily wooded, thc corps is over on this sldc. The creek running along the north side. It havc various owners on thc west, mobile home parks, tractors, old cemeteries, and then the organic farm bere as it swings.oyer to the east. But from this · · ' Page Part up, it adjoins the corps and is a solid lot ~f weeds ..... and it's just gorgeo~: There'.s quite a bit of topography. Again, that was one of our original reasons I'm not sure, who was the letter in opposition from? MR. ENGELBRECHT: MI'. Bullard. IvIR. SI, Ara: lie's our neighbor to the north. Mr. Bullard actually grew up right in here. · ' MS. C_~URDm: .M~. Spain, thank you. That's much better. MR. SPAIN: Part of the original Bass track was north of our tract and it was a higher zoning of Retail, Mu. lti-Family and Industrial. This land for the 4 for wanting the zoning moved over. In this area, we have 5 come up with a plan for it. We have planned two lots per 6 acre on this property because of the topography. We feel ? like the lots have to be larger to save the trees where 8 the lots are platted. We roll out of that into parcel D 9 which is pretty fiat and has a water tank. We have a plan 10 there to give to the school system, a school site for an 11 elementary school, 12 and a half acres. They've requested 12 that it h~ve a park next ~o it so'wc arc also going to most part is flat other than Rims'some mesquite trees. Mr. Bullard also owns over here to the west. He worked cooperatively with us to give us the right-of-way. We built the road and put in a water line and he allowed us to do the landscaping, put up a fence to really improve the area. He's been cooperative. The property adjoining that would be parcel A is about 82 acres and is basically treeless. There are a few trees down here in tMs comer and some over here along the creek. For the most part it's pretty fiat and wide open. Again, it was our.. intention that Bla~g Road would be cllmlnated once Appaloosa is put in. This place we call the enclave because it's sort of a private little area. It has corps 13 giVe a Park two and a half next to g, So the school site 14 will be 15 acres. 15 To the north of that -- although parcel D we 16 are requesting 7,000 square foot lots between the school, 17 the park and then what Ed would like to do with the rest 18 Of tiffS right hem is have a community-wide park and that 19 may be in fact a part of the bond election which we really 20 supported. 21 If you cross McKinney you run into the other 22 piece down here which we haven't explored as much. It's 23 pretty overgrown, but we did learn from Weldon it used 24 be a motorcycle track and they put the tires at the edge 25 of the tums. We tho~$ht somebody was dumping tires out PLANNING AND ZONING OCTOBER 20, 1999 Page 25 - Page 28 ::pag0 29 I ~ by ~ thousan~is. ~t tumid out ~t 2 ~ f~ ~ mo~rcyc~ ~cL But ~'~v~'t ~plo~ 3 ~s, ~&o~ you ~n ~ it's a ~ w~. 4 ~phy is f~ly ~t. It wo~d ~ a ~ ~i~ ~& ~ ~s on ~ back ~u~ sld~. So 6 p~ ~ ~t wo~d a~ow an ~ w~ you wo~d ~v~ 7 ~plc ~t ~'t ~nt a.~ lo~ wo~d a~ow somc~g 9 Con~ mo~ o~ space in'~ ~F. 10 ~ ~ ov~ ~3~ ac~, ov~ d~si~ of I l 2.3 uni~ ~ ac~ no co~cial, no a~c~ he,lng, 12 a~ slngl6 f~ly a~c~ ~ng. ~ 13 ~ ~ c~6 uP ~ i~ ~ on~ ~ng ~ ~d is we ~d 14 pubic ~ngs in ~ co~ ~ ~ w~t ~ co~i~ 15 felt about it ~. 16 s~gon. ~ s~ond one was for ~ ~ 17 pro~. ~d ~ ~d was for ~ sou~ s~tion. 18 ~k a~d~ a~ m~n~s. Wo ~d ~ from 20, 20 and con~s ~. ad I don't ~ w~ ~d any 21 opp~igon ~ any of ~. W~ met ~ ~ nei~borh~ 22 and I ~ wo haw ~ suppo~. Wo ~ ~ssing somo of 23 ~ o~ in ~t n~i~borh~. ~. McN~ has com~ 24 a~in. S~'s on~ of o~ n~i~bo~ ov~ ~ on ~s 25 pi~. ~ o~ ~. and ~s. Ya~n Page 30 1 houses hcro that arc in the middle of the project. And 2 Mrs. Wilkerson and hex husband live up hero in the comer. 3 We've tried to work with the neighborhood on all the 4 different issues that come up as we develop in thc area 5 and hope that we have their support. We'd certainly be 6 open for any other questions. 7 MR. ENGELBRECHT: Commissioners. Ms. 8 Gou~dic. " 9 MS. GOURDIE: MI'. Spain, I guess I'm a little 10 perplexed, could you just clarify, again, for me one more 11 time, the northern half of the property, fight above the 12' phase !; yOU said that they Would be SF-?'s which would be 13 abutting tho PD to }he north of the Property Which would 14 be followed by a tract right underneath it, correct. I 15 behove that is the -- what was the zoning on that? 16 MR. SPAIn: Five to eight units per acro patio 17 homes. 18 MR. DONALDSON: That's a remnant Of PD 126. 19 MR. PdStmU someone else owns that? 20 MP, F.~COE~m!CBT: Right. 21 MS. GOURDI~ I guess is that part of what 22 we're discussing tonight? What exactly am we discussing 23 tonight? 24 MIL SPAIN: We are discussing parcel A which 25 is to our north and east. Parcel B, $$ on our west. I Parcel C which is just under 200 acres in tha sort o~' ] 2 center of ~.o. property. Parcel D is 51 acres will havc ] 3 theschool'~ite~'~northsldeofMeKinney. And then parcel ] 4 E which is our I'D. '" 5 MS. COURDIE: Thank you, 6 MR. ENGELBRECHT: Mr. Moreno. 7 MR. MORENO: Yes, sir, Mr. Spain. Have you $ seen this letter or fax from Mr. Billiard?.. 'Mike, is !t 9 aPproprlat~ to sham this letter with Mr..Spaln? Mr. Spain, I'm not sum what he's asking for hero. I'm having difficulty understanding his suggestion. I would like for you to kind of interpret that for us if you can 13 or if you have a bettex understanding than I have. I'll 14 give you a moment and bo quiet. 15 MR. SPAIN: I think he*s asking for a 700 feet 16 buffer of one acre lots -- isn't that right what it says? 17 MR. MORENO: That's what I think it says. 18 What's your reaction to that? 19 MR. SPAIN: It*s normally the other way 20 around. 21 MR. ]~TGELBRECHT: DO you have any other 22 questions? 23 MR. MOP, ENO: NO, I just wanted to s~ if you 24 were reading it the same way I was. 25 MR. SPAFN: He is concerned that as people Page 32 I move into our single family, they won't find his ;.~ 2 industrial or multi-family as compatibl, e as nclghbors. 3 MR. MORENO: But going to the larger lots, 4 would make it wors~, I would think. 5 MR, SPAIN: That would be my perspective. 6 MR. MORENO: Okay. Thanks. 7 MR. ENGELBRECHT: Mr. McN¢ill. 8 MR. MCNEILL: In response to Commlssion~r 9 Oourdle's question. What we're considering tonight shows 10 -- the first item on the Agenda is Case 46. That's just a 11 small piece down at the bottom. 12 · .- MIL SPAIN:' Exeus~ me.' That is right, They 13 do have 46 first.. · :' 14 MR. MCNEILL: That's the only thing we are 15 considering right now. 16 MIL SPAIN: It is confusing. I apelogiz~ for 17 that. Because of the different I'D vexsus straight zoning 18 we had to scparat¢ that. Ii) MR. MCNE1LL: L~t me follow-lip on that then. 20 In your drawing them, let mo see -- show me wtgm 46 is. 21 That's this piece right there. 22 MIL SPAIn: It'S just north of the creek. 23 MR. MClV~LL: Right. And the blue is the lake 24 out ham to the fight? 25 MR. SI'AIN: Yes. Okay. 10 11 12 PLANNING AND ZONING OCTOBER 20, 1999 38. P. age 29 - Page 32 1 4 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25. 1 2 4 5 6 ? 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 25 24 Cond~ns~ItTM Page 3.3 Ms. MCi,rSU.U okay. But it will bo compatible with tho t~st of your dovolopmeet. Thor's not an)ah;ag · special about 46, i~ there? MR. ePAm: It's just on tho other side of Trinlty. MIL ~,~o~a~m~c~rr: Mr. Rishd. M~ msaau would you, while you'~ t4lking · about that l~areel aaa D above that; shOW me t~ access to .. · 1 3 4 6 7 8 a truly uniqu~ area. Wc'm up'he~ sort of in a hidden area, part of town..To get people here, we're going to have id }~a~)e'somcihing special. And we've got to save the tr~, which people love, and creat6'an open space which they like, and have a community in which they drive a little farther to go to. And that's what we're in the process of trying to do. · · ' ~R. imLUAMs: ~ you.' tho - or potential access to tho Corps property. MR. SPAIN: what we talked about with Ed is~ again, we hdv© ti~ road - our intcrlor theme road, for a lack cfa better word, meanders up in hero and then follows tho road. But right in thro,Eh ~ it comes right through her~ so school would bo on this side and then Ed because - again, tho topography is great on it. This would bo a great location for soccer fields, sq~ioaal th!ngs. He was also thinking with our encourag¢xaent that it would then give them access into tho corps, into tho lake,, which we've been over in Oral, vine and Southlake and they've made tremendous use of corps property for a dollar a year. They have great bike trails and all sorts of other us~s. We just thought that would bo a great addition for the City of Denton to get to tho lake. So we supported that and encouraged it, that we would - thovght that would bo really good for tl~ community. 9 MR. L~GEI~eCh'T: Mr. McNeill. 10 MR. MCNEILL: I forgot to mention that I 11 wanted to thank you for the permission to go to bed 12 before 4:00 last week. I thank you for volunteering to 13 move to this evening. 14 MR. SPAIN: My pleasure. 15 MR. ENGELBRECHT: Other questions? I've got 16 several. The issue of the access to the Corps land, I'd 17 like to better understand what you and the Parks 18 Department are talking about, a number of acres of your 19 property or simply just a small access area to get into 20 the Corps area? 21 '. MR. SPAre: what Ed has shown an interest in 22 is including, which I think is part of tho bond election 23 for the parks, was to acquire some 20 to 30 acres here, 24 basically the remainder of the east side of the road up to 25 the trees, up to the water, the water tank, which would be ." .- ' ' Page 34 MR. ENGELBREcHT: Ma'. Williams. MR. WiLLD, MS: lust to keep me happy, when you an example, say football fields and not soccer fields. But, seriously, the question that I was wanting to ask you is, basically, your philosopliy in regards to amenities and in your SF-S.S area. You made a very general statement. I would just like to know your philosophy about the amenities with those. ~s~naller lots. MR. SPAIN: People with smaller lots may not want to maintain a large lot, but they still want open space in their community. They tend to want it in areas in whi.'ch they can go to and visit and enjoy, whereas not. having to mow on their own basis. So we.have put that down there which allows us to develop a smaller lot and put in open spaces throughout thc community where the residents can use. And with Pecan Creek on the south, that's a great public area. They would bo able to go up Pecan Creek and tie into the lake. It has great potential for recreational walking, jog.~ing. We thought this was a gr~at area for that. Plus it allows us a wide variety of products and lot sizes. We'll be offering anywhere from $,500 to five-acre lots which gives us a real marketing advantage. But our philosophy on the development is we have to, in order to be suceeasful, offer the home buyer · ' Page ~ ' ~. ~sarea. 2 MIL ENGELBI~ITr: Okay..And that would be all 3 the way down and abut that little park that's shown on the 4 map now? ~i MR. SPAIN: COIT~t. 6 MR. ENGELBRECHT: okay. 7 MIL SPAIN: SO yOU would essentially have, 8 if you were driving into the project from the south, you 9 would have an elementary school on thc fight and then a 10 30 to something acre park that could expand into the 11 Corps right behind it. 12 MR. ~O~LS~.~c~'r: All right. And they've 13 .' talked' to YOU about purchasing thai and Prices and all 14 that sort of thing and you're aware of all that? 15 MR. SPAIN: Yes. 16 MIL ENG£LBRECHT: okay. You did not mention 17 in your report anything about work you'll be doing or 18 plan to do, and I know you're still in negotiations, but 19 that's my big concern, the road. We've got to get the 20 folks across here and what are we going to do about 21 Trinity Road and the bridge? Not the bridge to thc 22 south, I mean, that's ours. But the bridge to the north. I went out there and drove through it and I know wher~ 24 you're talking about across the cr~k there. MIL SPAIN: The only problem with thc bridge PLANNING AND ZONING OCTOBER 20, 1999 ~ Page 33 - Peg0 3( 39. ............ · 'CondCns~ItTM : " Page'37 to tho noflh across Pcoan Crc~ is a m0bon and a 2 quarter dollars. That is tho only problem. That bUrdcn 3 on us doing Iow deasity is'cxircmc. Our cost in Phase 2, 4 om' cost per lot is up $0 percent becau.~ of that bridge. 5 So w~ just -vm understand the bridg~ is needed. A 6 million and a quarter is a lo{ of dollars. That's why 7 bare got~a with ~ Highway Department, w've gotten with 8 tho County, and w~ are trying to push. an alternative 9 - funding for that that v~ cin do. ' 10 lV~ I~O£LBREC~: Okay. SO, basically, 11 just - that's all talking now. We don't - you're 12 negotiating with them or discussing with them but w~ 13 don't have any fh'm plan. Nobody has a fh'm plan at 14 this point. 15. ~a~. sP~a~: right. 16 M~ ~oELBPa~c~rr: lhat go~ to th~ bridge. 17 What about Trinity Road? 18 MR. SPAIN: We just met with Jen'y about a 19 week or so ago and l~ told us about t~ ne~d to improve 20 Trinity. Our traffic cnglneo-s tell us ~hat Trinity in 21 its present state, that our road, our theme road through 22 our project and Trinity will handle all ~ Waffle in 23 a~a. TI~ reason being is because if you look, this is a 24 peninsula down he~. It doesn't go anywher~ and won't 25 until tl~.concrete bridge is in. Nobody comes here unless page'38 I they're going to this area. People going out go west and 2 they go north. Anybody in our project will take our spine 3 street and go north or they will take MeKinn~,y or Mills 4 and go west. Our peopl¢ won't be using Trinity because $ it's parallel and it doesn't get them anywhere. We can 6 tell you the quickest ways in and out is west and north. 7 So We hear that request and we are analyzing now whether 8 we're better off putting the road back onto our project, 9 which we don't want to do. But to put in two lanes down 10 Trinity means we completely remove all of Trinity in its 11 current location. We'd have to acquire the fight-of-way : 12 to Widen it.and I'm not sure that we're up to thc task of 13 making all thc neighbors angry at'us'becaUSe it certainiy' 14 would. And that's a big cost for a road that our 15 residents will not use. Our traffic shows that our road, 16 which we will be improving on our property, and have even 17 offered to do so. in a larger ststc than needed, plus 18 Trinity will be adequate to carry the traffic. 19 But, ~galn, that's, you know, that's our 20 discussions ongoing with trifle. But tho~c arc our 21 - thoughts on it. That it's an awful expensive thing to put 22 on us to do. And, again, all these costs make dcvaloping 23 low deoslty extremely hard becausc there's just not a lot 24 of lots to average it over. We are at half thc traffic 25 projected for Iow density d~vclopmcnt and that's half thc 4 $ 6 7 10 11 12 14 15 16 17 18 91 2~ 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING OCTOBER 20, 1999 houses, which means that's half the lots bearing all the costs for~c area. So it's -- what wc're trying to do is get with th6 ~ghway ]~i)artment, come tip with other way~ of funding it that are more attributable'tb thc general area rather *h~n just our project. MR. t~GEt~REch~r: okay. There appears to be no other questions. Thank you very much. Is there · anyone present g'ho would like'to speak in favor.of the petition? Anyone present to speak in favor of the petition? In that case) is there anyone present -- oh. Come on down. If you would give us your name and address for the record. MS. MCIaATr: I'm Ms. McNatt and my property is adjoining the development. And I would like -- what I would like since we're talking about Trinity Road, see, they have abandoned the road south of our property, Trinity. And then they're trying to abandon Blagg Road that goes right in front of our house. We would like for Blagg Road to stay open because of the traffic from 380 comes down on Blagg Road and goes onto Lakeview. And that's what we would like to do is have Blagg Road stay open, not abandoned, because we either have to go up to University to get out, or go down to Trinity, east of our house to go north. And that's the way we'd have to do it. They've opened it up right now so we can get through. But · · Page 4~ , construction is going on at University in Denton. MR. ENGELBRECHT: So yoB can go we. it on Blagg Road? MS. MCNATr: Yes. Takc Binge and get on Lakeview. And that is thc only thing, only objection that I have is to keep Binge Road open. I mean, that's what wc would like. But all the other, we arc in favor of all that. That's all right with us. MR. E~£L~P, ECh'T: All right. Have you talked to the developer about Blagg Road? MS. MCNA'fT: Talked with who? MR. ENOELBRECHT: Thc developer, Mr. Spain, have you talked to him? . MS. MCNA'IT: YeS, and they*ye ~o[ it open now for us. But it'a -- I don't know how long it'a going to be oI~. Wc want it, wc'd like for it to be permanent, but just whatever, it would be so much better best for the traffic that all goes through there. MR. ENGELBRECHT: MI'. Clark, the City engineer is ha'o and w~'ll ask hlm to address that issu~ about how they have that planned because he'll be looking over that. 2erry, do you want to come down and talk about that for this good lady'? MR. CLARK: Basically what -- there's four lots that have been platted across Blagg Road and dght 40. Page 37 - Page 40 1 2 4 6 ? 9 10 11 12 14 16 17 18 19 2O 21 22 23 24 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 .. CondenseItTM : . · now I thlnk there's an amevd!~g plat. Is that correct? ! ~ DONALDSON: she's {hat parcel right :ow: [ Are you going to do that amending Plat? 2 tbere. ! ~ ~ They're going to do the amevdlng 4 MR. BUCEK: let me refresh yogr memory on plat that dissolves those four lots so that Blagg Road 5 how this works. Any public road can only go away thro% can stay in shape for awhile. But if they put the four 6 the abandonm~t process and the abandonments would go to lots back through another amending plat or whatever it 7 council. And th~a based on the abandonment, th~a they tal~.e% e,~entuaily Biagg Road would go away. So if you · 8 won!d do their amending plat, once th~ CO. uncll abandons -- an amending plat,.basically, Rd°%awaywith.som¢ 9. thatroad. So there is a timc for pubHc input at that lots. What that allows Blagg to do is stay open while 10 point. other roads open up in the area. When other roads, other 11 MR. DONALDSON: That has been abandoned transportation avanues open up in the area, then Blagg can 12 already. be shut down or when you review those and if you don't 13 MR. BUC£K: Oh, thc part you're talking want it shut down, then you make your recommendation at 14 about? that time. But yon'ii get two more looks at it. No, you 1 $ MR. DONALDSON: In order to plat it all. won't get the amending plat. Would they get the eno that 16 We've been talking about doing an amending plat and put com~s back after that? Would that just be an amending 17 an easement on them just to allow relatively informal plat again? 18 access across those lots. So'once the alternative road is MR. DONALDSON: It would be an amending plat 19 in place, then there will b~ another amending plat to again. 20 remove thc easement. MR. CLARK: well, I guess if you want Blagg 21 ' MR. BUCEX: SO right now it is just a Road to stay open, you better talk about it now. Butwe 22 privat~ right that McNatt has. Thc public right to use don't s~ -- 23 Blagg has already been taken away. MR. ENGELBRECHT: Would you put that map 24 MR. ENGELBRECHT: MS. McNatt, do you back up there So you could -- . : 25 understand what they've just said to you? I don't. '" ' ' ~Page42 .. page~. MR. mS~ELi The mobility map. I MR. DONALDsoN: Ms. McNatt's daughter doe~_,~ MR. maOE~gaCltr: show us where thc McNatt's. 2 MR. ~Gm~ .P~.C. HT: Okay.. are at on Blagg Road. Obviously, they have to have a 3 .. MR. SPAIn: when we had the public hearing way to get in and out so something will be done, but 4 for the abandonment of Blagg Road, Ms. McNatt and some what's the plan? 5 of the other homeowners came in and said, I need a way to MR. CLAR.'C: These are the lots, the four lots 6 get out. It was my understanding from that meeting that that go across this road. Two? Okay. There are two lots ? I couldn't abandon Blagg until I built my other road that go across the road,~.nd, basically, those will have to 8 going to Trinity which gave them a way out. There was be done away with to keep Blagg Road open. If you look at 9 some confusion with our plans and what wc have to do the Mobility Plan, Blagg's up here, that little section 10 now. So we removed the road. They, again, voiced their right there. It's right there. And you've got other 11 concern of no access and we replaced thc road. We are roads in the area. I think this coanects in eventually. 12 replatting two lots t° glv¢ an oasanent, continue to. DOeSn't it COnnect them in down here? : MR. DONALDSON: Trinity goes north to 380 but it's been abandoned. MR. CLARK: I guess what they're talking about, as we look at their map, is that these folks are kind of just limited to this road here. Can't they go -- this will be opened here, won't it, so they could come in and go through the subdivision to get out to here? Would that be there, Mark? MR. DONALDSON: When Parcel A is developed, there will be a connecting road from Lakeview to Trinity. When that is in place then Bla~ could be abandoned. ~ ~sl-m~ And where does Ms. McNatt live? PLANNING AND ZONING 13 'have Blagg Road gO to'Lakeview until the neW'roadis 14 continued into Trinlty, which would then give the 15 residcnts in this area direct access to Trinity west and 16 south. So I believe it's been addressed. 17 MR. ENGELBRECHT: SO when you're finished, 18 they will still come onto what used to be Blagg Road? 19 MR. SPAIN: when it's finished them will be 20 road, Appaloosa Way which will cut through here and tie 21 onto Trinity. It will be more of a soml-collcctor, I 22 guess, beceusc anybody in this area could usc it to go to 23 Trinity to Lakeview Boulevard directly. 24 MR. DONSvDSON: Without going on 380. 25 MR. ENGE ,~RECHT: Yeah, My point being OCTOBER 20, 1999 Page 41 - Page 41. Pago'4$ I lqght n°w they evidentl~t hav~ a'itrlveway (/n Blagg Road. I 2 mean, their driveway is right down'ento'Blagg Road. So 3 when you're Finished, there will still bYa piece of Blagg 4 Road, their pavement there, and they'll como out on that, $ go down to Trinity, and then up to Appaloosa and out. 6 Okay. 7 . . MR. SPAre: yeah.. I think ~c're vcry much s' concerned alSO ab0~!t getting them out so we want to be 9 safe. " " 10 MR. ENGELBRECHT: SO right now they'rc just 11 coming in from the west. There's an easement you're doing 12 over on the west side so they can get in somehow. 13 MR. SPAIN: The easement is on these two 14 lots. We arc currently platting to try to sell those 15 lots. Those lots am huge. 16 MR. ENGELBRECHT: Mr. Williams, did you have 17 any -o 18 MR. WILLIAMs: NO, hc answered my question. 19 MR. ~'~OELBm~CHT: All right. IS them 20 anyone else present to speak in favor of tho petition? 21 In that case, is them anyone present to speak in 22 opposition to tho petition? Yes, ma'am. Would you give . 23 us your name and address for the record, please. 24 MS. GIBBS.. rm Coolly Gibbs and I live 25 presently on South Fort Worth Drive. I work for the Page 46 I University of North Texas in the School of Communications 2 on Environmental Fxlucation and Projects. My concern is if 3 this is going to backup to the Trinity River and the 4 floodplain, what is going to be done to keep from those 5 properties flooding in the futura? We already have a 6 situation that the City is involved with the developer, ? and the Mayor of the City of Denton involved with the 8 deveioper that built in the floodplain on the other side, 9 the west side of Loop 288. And the people are not happy 10 with the apartment complex that is built there because 11 every time it rains, they have water in their apartments 12 ' and tbey have. rots and ~veojt~ng c!se. And they am. 13 really having a problem with this every time it rains 14 because the developer did not build the property up high 15 enough and the City allowed hl.m to build in tho 16' floodplain. And that is my concern for that. How is that 17 being addressed with the developer? 18 MR. ~,~o£t~P,~c~rr: we'll ask -- we will 19 address that in a few moments. Thankyou. Isthere 20 anyone else preset who wouid like to speak in 21 opposition to this petition? Anyone else present to speak 22 in opposition? In that cas~ since there was opposition, 23 the petitioner has an opportunity for rebuttal. 24 MR. SPAIN: We note that as a concern and not 25 opposition. Because we'r~ adjoining the Corps, tl~ Corps, PLANNING AND ZONING ...... .:-' condenseltTM · .. ' ' .' .. r--~,P.~ige 47] I by deed, .h~ bought' the maj0dty of tho property. They [ alS°'have..an'easer%nt up to the 537 contour line which is [ generally t~ef'~xt on all of our plats and everything where ! 1 2 3 4 5 6 7 8 9 10 12 14 15 16 17 18 19 20 21 22 24 25 2 3 4 they've gone out in t~ field and loeat~l'it. We cannot 5 do very much in that elevation line which is basically the 6 100-year floodplain or higber for the lake. Soweare ? restricted by that from there and all the way up Cooper 8 . creek and alSO oursouth end which are our main flood 9 areas. So our engineers will handle all of our on-site I0 drainage quite adequately. And, again, that was one of 11 the reasons we liked the center part with tho low 12 densities because we plan to keep all the creeks open. I 13 think we have to como before y'ali for approval of that 14 but our plan is to keep -- there's three or four drainage 15 ways through them that we plan to back lots onto, have 16 parks onto, maintain them. But we're not planning any 17 major reclamation in the project. 18 MR. E~O~.L~P, ECH'r: Mr. Rishel. 19 MR. RISHEL: In other words, you're not 20 filling into anything that was currently tho 100-year 21 floodplain?' .. 22 MR. SPAIN: Correct. 23 MR. RISHEL: Thank you. 24 MR. ENGELBRECHT: That being thc end of the 25 rebuttal, the public heating is .closed. Mr. Reed, do you · ' Page have any final staff remarks? MR. I~EED: DOCS anyone else have any concerns about the comment or the concern addressed by tho lady and how, what -- her concern is about existing development on tho west side of the Loop or what I'd say is on the inside of the Loop and how this development would actually occur? There's a big difference between those two. We today have regulations that clearly handle that type of development close to the floodplain. The development that she's talking about occurred back when we actually didn't have these stringent standards. Okay. I'd just like to point out.that the zoning' Case Z-99-046, tho 47.3 acre property on the south side of McKinncy is a rD. YOU will see a detailed plan come back for that so it's at that time that you'll approve tho exact site design of the property. And as I indicated in the staff report, recent cases for smaller lots with PD zoning designation have had some conditions but we've done that at the detailed plan stage because it makes sense to attach conditions specific to a site design as opposed to a general concept. So I just wanted to point out that you will see a detailed plan come forward for that piece of property. Contrary to that on the remaining 410 acres OCTOBER 20, 1999 42. Page 45 - Page 48 1 3 4 conccatration of traffic and tl~ adcqua~ £acilitlcs 5 lmndl~ h, affio l~ncrated by thls development. We think 6 it's fair to attach thc conditions that va~'vc stated in 7 our staff report. We foci that tho nXlUest is conslstcnt 8' .'with our C~.mprehcnsivc Plan. And v~ rec°mmcad app;oval 9 :with tho conditions attached. 10 MR. EIaO£LBREClt'r: Mr. McNeill. 11 M~ MCl,~LL: I had a question on your 12 mcommmdations here that's in our backup materlal. I'm 13 confused that w©'ve got so many cu,'s and plans. What 14 is th~ 1998 Denton Plan Policies? 15 M.~ REFt. 'tho Dcatoon Plan Policies am 16 attached to tho staff xcport and they'xo Enclosure 17 Enclosure 6 lists tho policies which wcrc adopted back 18 in1998. It was tho last quarter of '98. 19 M~ MCl, mILU okay. Then my second question 20 on your conditions, number one and two, I'm talking about 21 ti~ 46 now, if this is going to come back agaln~ then why 22 am w~ putting these restrictions on the~ at this time 23 about tl~ building poe, fits and the roadway components and 24 so forth? What's thc logistics of putting that on at this ~ Ua~SO and 426, is i~ or b~wee~ U ,~.v~rsi~y and ' I transportation issues, tbey po y concrete ~t [ tm for s ght conditi0us 2 ' them . 'start building. . that staff has attached a. ddresses the concern of thc : 3 ~:/tEED: Actually, it says that the / 1 2 3 4 6 7 $ 9 10 11 12 13 14 15 16 17 19 2o 21 22 23 24 4 building permits ca~ot be issued. 5 ~ MCNE1LL: Right, ca~not be issued. 6 MR. REED: A plat can be approved and roads 7 and other public facilities can be put in. 8 MR. MCNEILL: okay. 'All right. 'I don't 9 'havg a problem with that then.. Thank you. 10 , MR. ENGELBRECHT: Yes, ~v~. Bucek. 11 MR. BUCEK: I don't want you to lose sight 12 of the fact that the Smith tract that you had here the 13 other day, they don't agree with what our opinion is. 14 We believe that on the detailed plan wo can make these 15 kind of changes. Their argument to you was that if you 16 didn't have it in the concept plan, you weren't going to 17 be able to change it later. Remember their attorney was 18 here. So just to let you know, it's not an open and 19 shut issue with us. And so certainly the issues that 20 Mr. Spain had mentioned about all the open space that's 21 going tO .be in the 5,500 square foot lots, thaffs an 22 issu~ that you wait to the detailed plan and there's 23 always some concern on the legal staff if Mr. Spain sells 24 out and the next d~veloper~ will he take the Art Anderson point instx:ad of waiting until tl~ detailed plan comes 25: · ' ':,' Page 50 back? MR. REED: This right here docs not tie the developer down to a condition which restricts his exact site design. These conditions address the overall property sum. As he mentioned, this is part of a property which has -- excuse me for hesitating -- some 700-plus acres. When we have a large development like this, the City has the ,opportunity to look at it comprehensively and address the concerns of adequate transportation facilities. We actually did this for The Preserve, Mr. McNeill, which was prior to your term here on the P&Z CommiSSion. With The Preserve, which was a PD, We . act~_~a!!y attached to the zoning an improved TL~ which said that as each tract developed, certa!~ transportation improvements would be made. And, again, for large &vdopments we're able to look at the overall impact it has on our transportation facilities. Whereas, when we have a small tract, say, 100 acres which has a frontage on one road or maybe two roads for short distances, we typleally don't get into that because it's a straight-forward issue Which is ba-dled during' subdivision. ~ Ma, mmu what those two conditions are _~_._4¢ally saying is until w~ resolve them PLANNING AND ZONING OCTOBER 20, 1999 approach on thc Smith tract that you don't have anY saY. · · Page i So yot~'ve got to be comfortable'with what you do oB-th~- 2 issue. 3 MR. ENGELBRECHT: Thank you. Mr. Moreno. 4 MR. MOP. ENO: Yes. Mr. Reed, I didn't fully 5 understand which development Ms. Gibbs was speaking to 6 that was having the flooding problems. 7 MR. REED: I believe she was referring to a 8 property that's not even adjacent to this property here 9 but is on the inside of Loop 288. I believe ~erry Clark 10 knows the apartment complex that she is referring --the 11 Singing Oaks -- Spencer Oaks. And they're immediately 12 adjacent to the Loop, aren't.they, north of McKinncy? 13. .MIL ENGELBRECHT:`It*s ac. roSS from the power 14 plant. 15 MR. MORENO: That's a fairly ncw 16 development. 17 MR. REED: okay. I was referring to -- 18 MR. MOP.~O: And I thooght that's what she 19 was talking about so I didn't understand why thc 20 standards were different just a year or two ago than 21 what they ar~ today. 22 MR. REED: I'm sony. I was referring to a 23 different apartment complex. 24 MR. CLARK: well, obviously we need Mr. 2S Hoelting here because he's r~nlng the drainage but I'm _ _ Page 49 - ?ag 43. ·. Page 53 not aware, I haven't received'any ~alls of wh~t We're talldng about on t_bo drainage on th$.'s.' 80 if the~'is a problem, I'm not aware of it. But, obi, i'ously, Mr. Hoeltlng and.the utilities runs drainage now. Mm R~D: Thank you. MR. ENGELBRECHT: L~t me interject one item h .e..re. I think right, now beoause we don't get as mnch of '.that drainage information as wc used to since ' Mobility Plan be mended based on, likd in this case, the zoning case is going to come forth. For whatever reason if the developer doe.va't want that to go to Council at that time, we never know if the development has died, Mr. Williams, or ·what has happened: But it's the call of the 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 englnoefing is not directly doing that the way they used to. I would like for you to go ahead and check on that, leo'y, since Mr. Hoelting isn't hem. Find out if we do have a problem out them at Spencer Oaks because that is a new development. That's not even two years old. back. to the City CouncU. And then for whatever reason ~I~ [ deal falls _through and it neVer goes to City Council. The [ same ,h!n~i a aveloper can come in and ask that the developer if he wants to take forth his sugg~ted I think, and we can have if you want the developer to respond. I think the developer wants to take them up together, I'm assuming, or lias another issue? Mm CLARK: okay. I'll bring you a report MR. ENGELBRECHT: Okay. Thank you. MR. MCNEILL: That doesn't affect this MR. ENGELBRECHT: NO, no. But thcrc 9 10 11 12 13 shouldn't be a problem out them. Okay. Ms. Gourdie. MS. C, OUP, DIE: Thank you. I would like to know if this is the appropriate time or not and maybe you can help me, Wayne. In straight zoning is strictly the sF-?, blah, blah, blah, and concern with Mr. Bullard's concern about the property being up against the PD with a Page 54 Light Industrial. I know that in the Unicom Lake property we had a buffer of, I guess it was 50 feet up to 100 feet placed as a condition on the property. Would this be the appropriate time to bring something up like that to help divide the Light Industrial from the homes? 14 plan. But we can't require the developer to take that 15 amendment to the Mobility Plan up to Council if he 16 doesn't want to. The only issue before us today is the 17 zoning and the Mobility Plan issue comes up at the 18 platting stage ultimately. Ultimately, when it's 19 platted -- 20 MR. WILLIAMS: I'm reading what I have here. 21 It says condi, t,ions and so I'm trying to get some 22 clarification on this beeause, like I said, I like things 23 cut and dried, either aye or nay because all these -- 24 MR. ENGELBRECHT: oood luck here. 25 MR. WILLIAMS: -- conditions, and this . I 2 3 4 5 6 MR. REED: Yes. 7 MS. GOURDIE: okay. Thank you. 8 MR. ENGELBRECHT: MA'. Williams. 9 MR. WILLIAMS: Yes. I like things clear-cut 10 and I'm having some serious concerns about the amendment 11 to the Mobility Plan because I don't like to bo involved 12 in anything that I m not in control of and the developer . 13 has nocont~ol over'thc Denton Mobility Planl And I'm 14 very conoemed that it hasn't been sent to Council since IS there ~ a reeom.mendatlon or it hasn't been mentioned 16 it's going to Council. It's sitting someplace. And can 17 somebody explain to me, am I somewhere out in left field 18 of what's going on here because it's been passed by this 19 Commission; however, it's sitting somewhere -- it's 20 slttin$ somewhere. 21 lvlR. ENGELBRECHT: We just asked staff to 12 address that and -~ - ' 23 MR. BUCEK: Let me bo sure you understand the 24 precess. There are a lot of eases where someone will come 25 in hero with Ag zoning and will ask you to recommend 8F4 , . '. · Page56 I condition to me is fa{her weird because I read tho 2 Mobility Plan and I understand what you're saying that 3 the developer needs to take it up. But it says -- but 4 I'm still kind of confused. Maybe somebody can explain to 5 me who was here and voted on this where it would bo clear MR. BUCEK: Let me take a shot at this issue. I think what staff is trying to do by those conditions, I think they're trying to put the developer on notice that when you come in for your plat, you're not going to have a plat recommended for approval if these issues aren't resolved. And so that's why that's in there. But what I,m saying to you is at any. point that the developer has tho zoning he desires, and in this case the.se are straight zoning categories except for the 70, once he has that zoning in place, he bks the right to come in with the plat. When he comes in with the plat, right now he's moving with the Mobility Plan thc way it looks today because there has been no recommendation taken to Council. And so the question is w~ that road falls in his SF-7 or his SF-IO or SF-13, he's taking a risk. And that's what those conditions are intending to do. But, Wayne, you may want to say moro to that. I don't know. Is that correct? MIL ltRnn: yes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 PLANNING AND ZONING OCTOBER 20, 1999 P.age 53 - Page 56 - . ¥ CondensoItTM .. ............. PagE-57i MR. WILLIAMS: okay.: Because I'_m having some problems -- because I don't think Denton's infrastructure is ready for this development and I gu~s that's wbore I'm having a big probl~n. · MR. REED: Commissioner Williams, I think then if I could explain that those conditions address your concern. I'!1 make my example what I lcamed from Tho Preserve. We as a community also.ha'da concern about how'Thc Preier~c would impact transportation in 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 the very southern end of our community and also that it was in the area designated for Lakeview Boulevard to touch 1-35. And so we held their feet to the irons also and we worked closely with that developer to insure that as building permits were issued, increasing households, increasing trips ganerate~ putting more vehicles on our roads, that adequate transportation facilities were put in place prior to those homes being put in. What we're doing with this condition is exactly the same. We're saying before you can get any building permits, a traffic impact analysis has to bo approved and a TIA, or traffio impact analysis, outlines what the developer will install prior to these building permits being issued. What docs that give us as a community? It gives us some pieoc of mind that we're going to have adequate fac!lities to handle the traffic -' Pag~ 58 that they generate. So we,re saying that there's'a ' relationship between this land use and the public interest of adequate transportation facilities. But secondly, we're saying we're only going to require of you a fair share of the development or of the transportation. The fair share is what they generate. MR. E~O~.rB~CHT.' other questions? Yes. The Condition 3 on 07.2. has to do with -- excuse me, Condition 2. Yes. That's the bficlge over Cooper Creek and that's the creek to the north. Okay? MR. REED: That is correct. MR. ENGELBRECHT: Is there any reason why that isn't PUt on B~ gs Well? I mcat}., put on the other case? MR. REED: The reason why is this, it's not contiguous with that creek crossing. Andstaff would like to point out that actually that is called out for the Case No. '/2 simply to, again, put the developer on notice that that is part of this consideration of transportation improvements. It actually will be addressed in the 'HA as part of the TIA. But I think we're clarifying it as a very important component that Ins to be resolved. MIL ENGELBRECHT: well, this is even a moro dens~ piece tbo~ if you're going to get north to 380 and 1 2 3 4 5 6 7 9 i0 11 13 14 15 16 17 18 19 2O 21 22 24 25 where and hqw ~ these folks going to get out 0f'~. They're eith~ going to have to go 380 or they're going to have ib"~0 McKinuey. And we'd prefer they go think because that's going to keep thefia out there and keep them off the loop. And so to me, that bridge is just as important for this piece because they're not going to go south, We've got no bridge and we're not going.to have one for a whilo, which we really need to ' work on that if thls iS going robe an importan) whole development over here. The City needs to do Ws part but we need to make sure we've gSt those other pieces and I don't understand why that component wasn't in this one, as well. MR. REED: It would bo fair to put it in that one. MR. ENGEL~REctrr: Thc other question I had has to do with there's no mention, as Mr. Buock polntcd out, there's this issue of if you approve a coneept plan, what room do wc have to maneuver at thc detailed plan schedule? There is no mention I believe of space in tkc. PD. I recognize that wc have a park across tho street but that is ultimately across a four-lane street, road, highway. And was there consideration given by staff to require that there bo some requirement for some.open spaoc in there, at least in a statement of · Page I the percentage? And they can spread it out however 2 in some manner. 3 MR. DONALDSON: We would I'Ve to do that but 4 we don't have tho tools right now in our codes to 5 require it. 6 MR. ENGELBRECHT: This is a PD. 7 MR. DONALDSON: It's not a required piece of 8 information in our code. 9 MR. ENGELBRECHT: okay, for that reason it's 10 not. 11 MR. DONALDSON: It's more a legislative 12 function, than an administrative function.. 13 MR. ENOEIm .RECHT: Okay. In that case, I -. 14 will simply ask of staff from your professional 15 perspective, what would be an appropriate portion of 16 open space in a PD with Single-Family of 5,500 square 17 foot lots? 18 MR. REED: Could I ask first for a 19 clarification? Are you asking for public open space or 20 private open space? Private being, one, an area which 21 is maintained by the Homeowner's Association. 22 MR. Elao£1ml~cn'r: Yeal~ I'm talking about 23 Homeowner's Association. I wasn't thinking ofit being 24 dedicated to the City or anything else, but open spaee 25 such that thcrc's some in thcre. 1 Page 57 - Page 60 PLANNING AND ZONING OCTOBER 20, 1999 45. - 1 ~ BUCEK: wayne, let me be sure that I'm' 1 2 clear to respond to that. Do we have a -: on my copy I 2 3 don't have the concept plan on the PD. DO thc 3 4 Commissioners have that? 4 5 MR. REED: There's actually thc concept plan 5 6 is Enclosure 1. 6 ? MR. MCNEILL: It's the game a~ this colored ? 8 one here..' : 8 9 ' YR. RE£0: And it does show the ~ntlre; 9 10 property but it calls out that Parcel. And I did, because I0 11 this is such a small print, include a second page which 11 12 blew up the land use table. This table righi here shows 12 13 everything that's requh'~d for a concept plan as far as 13 14 minimum area, setbacks, and such. 14 15 MR. BUCEX: The only part of Enclosure 1 that 15 16 really relates to this zoning case is that part that's 16 17 south of MeKinney? 17 18 MR. REED: Correct. And if you look on the 18 19 page 9, it's referred to as Parcel E. 19 20 MR. BUCEX: Okay. 20 21 MR. MCNEILL: Parcel P or PHI? 21 22 MR. REvO: There is a formula in our park land 22 23 dedication which calls out that, I believe -- 23 24 MR. DOhtALDSON: It's roughly one acre for 24 25 each .140 housing units to meet out neighborhood park 25 · ' - Page 62 I criteria. I 2 MR. ENOSLBRECHT: SO basically that would be 2 3 two acres in this particular c, ase. 3 4 MR. DONALDSON: A two-acre minimum. 4 5 MR. ENGELBRECHT: My concern here is, as Mr. 5 6 Bucek pointed out, if we have not asked for the open 6 7 space up front tben wc could have some difficulty in 7 8 requ'ulng it on the detailed plan if it was not stated 8 9 on the land use summary. 9 10 MR. BUCEK: Right, Now, sum¢ of the concept 10 Il plans you get don't show open space and they'll just Il 12 have an.asterisk and they'll say a certain percentage 12. 13 will be that.' But you have gotten some, and the Problem 13 14 happened on the Smith tract, I think that they showed 14 15 the open ~pace. I'm not sur~ but I believe they d/d. 15 16 So there's no question once you show it, it definitely 16 17 becomes a question about can you do it on tho detailed 17 18 plan change the boundarles of that. So it may be a plus 18 19 to you that it's not shown but I th~nk the issue that's 19 20 her~ is that without any statement of concept in the 20 21 concept plan about any open space required, thc 21 22 statements that 1~. Spain will do us no good when you get 22 23 to the detailed plan stage. 23 24 MR. DONALDSON: Another criteria that you 24 25 could use is that for a manufactured home park we 25 PLANNING AND ZONING OCTOBER 20, 1999 require that eight percent of the land:be set aside as' ' / ~ wo~d ~? for example, ~y a ~in~ of ~ ~ ~ ~t ~ide for M~ ~GE~C~: ~t. Ano~er q~stion, ~. R~ I noti~ in ~ we alsys get t~s business of you ~ve a ~d~ motion p~ about ~at it's ~nsis~t ~ ~e ~ton ~velopm~t PI~, it's ~nsis~t ~ ~ ~ton Plan Po~ci~. An~ in fac~ ~ost always you have at -- ~e~s ~ways one ch~k m~k ~at's m~inally ~nsis~t or ev~ on~ in a w~le, an ~nsis~t. And so ~ ~e motion is mMo ~ ~at m~n~ ~d ~ ~ of ~o~, we~d have to vo~ ~nst ~e motion, woul~t weY M~ ~ED: YOU would ~h~go ~o motion. ~ ~ELB~C~: Or wo ~uld ~k for a ffi~y ~t. But I ~s my question is why Page 6 you do ~at? P~songlly, I*d just ~ of ~. It would m~o ~e motion a ~ot sho~r. M~ ~D: rd ~ happy to do ~at. MR. ~E~: ~d we're not ~ways whe~ we ~ ~th ~at fact ~at it's ~nsi~t or not. May~ o~er ~ssion~rs &~ ~th M~ ~GELB~C~: ~d in ~s ~, all of you ~w ~at ~'s not a probl~ ~ ~ED: well, I ~s ~ ~on why I put it ~ ~;~d I defini~ly ~de~nd why you don't n~y ~ ~ ~y or ali of pl~ or ~ne ~nsi~t ~ ~e Comp~h~siw PI~ ~ ~ to ~ a b~is for yo~ motion. only ~n I put it in ~e~. So I'~ it out. So you ~o it ou~ you ~nd of m~e yo~ on ~e o~ oho and ~at wo ~d ~t o~ ~a~ ~out a probl~Y ' ~ ~oE~c~: we probably sho~d if we ',{ 46. .Page 61 - Page 64 6 ? 8 9 10 I1 12 13 14 16 17 18 19 2O ';.. : Con&nseltTM Page 65 spac6 at the detailed plan stage.- Yes, Mr. MeNeill. MR. MCNEILL: I guess I have a questlon now that you've raised that question. What is our authbrlty to reclulre him to have open space? ~ RE6D; 'tO prevent the overcrowding of population would he one. MIL MCNEILL: Is that in an ordinance or in the zoning requirement?. . . MR. i~£D.. Thatls actually ~art of our Zoning Ordinance. MR. MCNEILL: But that's -- is that hard and fast or what's the rule for that? MIL BUCEK: I t~nk the way it works is if you're on straight zoning, we have what we call conditions you can add to a straight zoning case. There's llke 15 and one of those is landscaping, Well, 2. ~ MCI~ILI~ 3 with that, I just don't want us to arbitrarily saying we 4 want a park 5 MIL DONALDSON: NO. 6 MIL ENGELBRECHT; TO expand on my request a 7 little £urth~r, I asked about this bec, am we are S · simply, aS it's proposed, as it's presented to us, it :9 does not r6qfiire any open space. This is as dense as 10 manufactured housing, 5.5, 5,500 square foot lots. The Il park in all of that area is on tho other side of 12 MoKinncy, unfortunately. It would he great it there was 13 aec, ess to tho Corps land from hem but them isn't. 14 MR. MCNEILL: You're talking about for the 15 little piece at the bottom, on 46. 16 MR. ENOELBRF~HT; Right. On that other one, on a I'D yOU throw all of that out and you can come up with any conditions you want. But, generally, it always includes those same 15 can be in there and so it's part of the landscaping issue is thc way you would handle open space. MIL ENGELBRECHT: But then where didyou get the number -- you're going to recommend three acres; is that what you're saying? · MR. ENGELBRECHT: The three acres came from 21 22 23 24 25 · "Page 66 1 a recommendation. 2 MR. DONALDSON: Eight percent of 48 would 3 actually be 3.8 acres. 4 MR. ENGELBRECHT: Right. And I was sort of 5 splitting it. 6 MIL MCNEILL: But where did you get'thc 7 eight percent? 8 M~ DONALDSO.N: Eight percent is an open 9 space requkement that wc have in our Manufactured Home 10 Park Regulations. 11 MR. MCNEILL: BUt this is not manufactured 12 homes. . 13. . MR. DONALDsON: The density actually would : 17 fight. And so to get to the park these folks, whichare 18 more dense than any of them, have got to cross what 19 ultimately will be a four-lane road, whlch is not too 20 good. In addition, I would have little doubt that tkis 21 devcloperwill see that there's open space in there. 22 There will be a clubhouse. There will be something. 23 And there will probably more than three acres. But they 24. may ~ell it tomorrow. And thc next guy comes in, as 25 with Ibc Smith tract, and says, hey, that was not part Page ' I of the detailed plan d. I mean part of the concept plan_=,: 2 so I don't have to do anything but just stick 5,500 3 square foot lots in ~ere. And this just assures that 4 no matter who has the land when, there has to be some 5 open space. 6 MR. REED: If you're interested, I do know 7 the formula for the park land dedication. If you want 8 to compare why the manufactured home development would 9 have to supply-- 10 MIL ENGELBRECHT: Mark indicated it was one 11 acre per 140 lots. 12 MR.-REED: It'S 2.5 ~ times thc number · 13'- of dw¢lllng uhits times 2.8 perSOns, divided by 1,000, 14 be very comparable, And then on the other side in our 15 Park Land Dedication Ordinance, the formula is roughly 16 one acre per 140 homes. That's in the Park Land 17 Dedication Ordinance. 15 MR. MCNEILD And that's really the -- 19 that's the question I had. Does that park land 20 dedication apply to this property? !1 MR. DONALDSON: It ~ tlnle~ they address ~ it otherwise. 'l'hey have the opportunity to make. 23 donations of land and that may, in fact, bo appropriate 24 or an option for them in another part of their tract to 25 satisfy. Any number of ways to satisfy park land PLANNING AND ZONING OCTOBER 20, 1999 14 you get the acres. That's the exact formula. 15 MIL I~GELBRECHT: Ro-ghly 140. And then 16 that would be two acres because there's 280 proposed 17 units here. And then the park land -- the manufactured 18 heusing conditian puts us up to 3.g so I don't know. I 19 threw out three acres, that's a compromise in between. 90 MIL MCNEILL: I can live with tha. t. 21 MIL RISHEL: It may be amended to four. 22 ~ ~I, IOEL~RECHT: Right. And I'm not making 23 th~ motion anyway. Are there other questions? Mr. 24 Rishel. 25 ~ msrmu t just wanted to make sure that P. 6S - 47. Pa~ 69 I Mrs. C-ibi~s got bet question answ~xl and was .. 2 MS. GIBBS: I do ~ow'~s F~ gov~t 3 ~g ~y have ~ haw ~n ~o~t of ~ ~ and 4 ~t's why ~y put ~e ~or cit~ 6,000.00 ~t on 5 hold ~um ~y w~ to ~clu& ~ golf ~ ~ 6 ~ek ~ ~. ~ M~ mSHE~ My q~tlon w~ ~d we get yo~ . ~ o~ q~tion ~. I ~'t ~o~ wc ~8 ~o~ 9 q~tion~ Do you have ~o~er q~tl°n? 10 MR. ~GE~C~: No, no. ~t~s not ~ Il ~a qnestlon up. '12 MR. ~SHEL: okay. ~ you. 13 MR. ~GE~CHT: O~y. ~ ~em ~y 14 q~tious? 1~ MS. ~IE: I would 1~ to just ~ow on 16 ~ s~t ~nlng, ~ ~2, if ~yon~ el~ wo~d l~o a 17 ~ndi~on that is what we've done ~fom where Li~t 18 Indns~al PD'S ~d so fo~ ~e back~ up ~ainst 19 Single-F~ly hom~. Sin~ we have ~ed about I~ 20 ~ ~ing ~ oppo~ to put into ~o ~n~pt pl~, I :21 would l~o to ~ us put may~ a 20-f~t 1~ buffer 22 and ~ may~ dep~ng on what ~ pro~ is, ~p to a 2~ 100-f~t buffer, w~ch I ~ess inelu&s p~ of ~o 24 p~Mng lot ~ ~e homos ~d ~ PD i~lf. 2~ MS. ~P~: Qu~ion. · ' Page 70 I MR. ENGELBRECHT: YeS, Ms. Apple. 2 MS. APPLE: That other is not in development 3 yet though, is it? So would we be putting a condition 4 on something that's not set in stone yet? You know, if 5 we put a buffer condition on them, what if thc pcoplc -- 6 MR. ENGELBRECHT: Come back and replat. 7 Well, it can be -- in that staternent it can be 8 contingent on the zoning. So if the zoning changed, I'm 9 sure, could it not? Couldn't you put a condition on the 10 st--7 buffering the -- 11 MR. DONALDSON: well, it's a timing issue. 12 If. the rcsi&ntial develops first~ then we. don't .knOw 13 . what the adjacent land use would be. 14 MR. BUCEK: The Bullard tract is zoned what? 15 Iskzonedu? 16 MR. DONALDSON: It'S within the old 17 and it has General Retail, Multi-Family, and Light 18 Industrial zone districts in it. 19 MR. BUCEK: Right. And hc will ultimately 20 -- he has a concept plan. He'll have to come back with 21 a detailed plan when he does that part. And you can 22 look at that on Ms end and the question is do yet/want 23 to do it on -- 24 MR. DONALDSON: The residential side or do you 25 want to do it on the industrial side? 1 2 3 want to attach i'condltlon to tl~ ~identlal 4 &vciopm~t that buffe~ tt~ otter us~ or ~vl~n the $ other land do~ develop, put conditions on that that 6 protects tho r~sidenfial that may bo th~. 7 MS. C, OURDL~ well, I'm under t]~ imprcsslon 8 t~t it's aL~ady ~ -~ tl~ cgncept plan, tl~y'vc · . 9 :' already ~e~ up't]~ zoning~ YOu said C~meral Retail, you 10 sald Light Indus~al, and you sald Multi-Family. Sotl~ I1 zoning is ah~ady in place. It's now just coming up 12 thro"E~ with a enncept plan; is that correct? I me~n, t~ 13 detailed plan. And ff v~'r~ talklng about issu~ of 14 previous zoning ens~s, we might have a problem wMch t~¢ 1 $ ~idents might not bo protected because we've already got 16 t~ zoning in place. Could t~y not easily say, l~..y, it's 17 not part of t~ concept plan? 18 MP.. BUCk: well, I ~nk your comment, why 19 your comment has merit is that it's zoned Agricultural 20 now which would m~an you would have one-acro lots and 21 a one-acf~ lot ther~ would b~ a buffer b~twcen you and 22 h~m r~ardl~s of what 1~ did. Wt~n you go to smaller 23 acreage, and I can't r~member what tho acreag~ is right 24 now, ther~ is some me~t for that but, you know, without 25 having'that concur plan in front of us, I don't know if MI~ I~OELBRF_~: RighL Mr.'Donaldson. ~ ~.?ALmON: 71~ qu~tlon is wl~,her you 1 2 3 4 5 6 7 8 9 10 12 14 16 17 18 21 24 2~ Page we've already put a buffer in the other case. Do you ---: recall? MR. DONALDSON: I don't recall. MR. BUCEK: And you're right, when he comes in for his detailed plan he may take the Smith tract argument and argue he doesn't have to buffer. I mean, you never know what will happen depending on who the devcloper is. MS. GOUR~m: Okay. Thank you. MR. ENOELBRECHT: Traditionally, we have requested the buffers on the commercial, industrial. The problem you Would run hero is if you put that ' condition on, these' am sr-7's. All the,s~ little homeowners am going to have these requirements to maintain a buffer yard which we've never really done. We've never done that. As a matter of fact, I've argued against a couple of those where they tried to do it at Windsor and Bonnie Brae. They wer~ going to put a fenc~ on the residential sldo as a buffer. MS. cot/al)m; l just don't want to hear any complaints out of no one when they start smelling those restaurants right in their backyard. I don't want'to hear it. Mic ~N~EL~P. EC~rr: Mr. MR. MCNF. mU Yeah. I guess what I'd like PLANNING AND ZONING OCTOBER 20, 1999 48. Page 69 - Page 72 ~ cond~tseltTM · .. $ 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 4 to say is we shouldn't put tlm buffer requirement on thls residential developmen,t. If the buffer is going to be reqtfired, it should be on this General Retail, Multi-Family, and the Light Industrial. That's the responsibility of them to have the buffer, not on the residential. MR. RISHEL: iWe ~gr~ with y°u. MR. ENGELERECtrr:' Mr. Williams. ~ wr~U.XMS: Yes. I WOuld definitely like for the Commissioners to look very, very closely at thc traffic conditions and the City. I know we are a ean-dn city but sometimes we may not be ready. And I would like for us to look very, very closely at the infrastructure. My daughter is only 17 so it's been less than a year since I've had to drive and take her to Ryan every momlng. And, basically, I really don't think our infrastructure and with the -- looking at the coming up bond election, the bond package, I think we may be ready. But tonight, I don't think -- and it's not a reflection on Mr. Spain at all. I just don't think we're ready for this. Our streets and traffic is ready for this zoning, change in zoning tonight. MR. ENGELERECh'T: All right. Any other comments? · . MS. APPLE: I'm ready to move. . ' · ' ' Page 74 MR. ENGELBRECHT: Arid we would need to take"/ each case individually for the motion, recommendations(,~ MS. AP?LE: DO yOU want me to take it in the order of the Agenda? MR. ENGELBRECHT: Please. , 6 MS. APPLE: I move to recommend approval of ? Z-99-072 subject to the following conditions: that 8 prior to the issuance of 9ny building permits, adequate 9 transportation infrastructure shall be constructed in 10 accordance with the traffic impact analysis or TIA 11 approved by the Transportation and Engineering 12 Department; that a commitment for improvements to the 13 ' I. akcvlew Boulevard bridge over Cooper Creek is'approved; 14 and, finally, that the ameadment to the roadway 15 component of the Denton Mobility Plan that proposes a 16 new corridor south of Mills Road for I_ak~view Boulevard 17 to the west of thc exlsting Trinlty Road is resolved. 18 MR. RISHEL: second. MR. ENGELBRECHT: Okay. It's been moved a~d 20 seconded to recommend approval with the conditions as outlined by staff. Any discussion on the motion? Yes, Ms. Apple. 23 IriS. APPLE: l just want to say in response 24 to the comments that Commissioner Williams made, I guess 25 my feeling on it is because, like McKinney Street where Ryan S hool so oonge d'/o woula a I t ga t~!n~. It wotd bw ~1~ ~m~n~ from ~ffat 3 ~fi~s ~ of every fi~nnc~g b One 4 ~fion. ~Ij~to~S~n~. 5 ' ~ ~6E~: ~ ~ O~ ~? 6 If you do, wo~d you pl~ ~ yo~ h~d ~ I 7 ~o~g a ~t ~ hem now, ff you have ~y o~er 8 · ~m~. Y~, ~. W~. 9 ~ ~S:' We ~ yotmg .on 046, n~t. 10 ~ ~GE~C~: 72,~e f~ Ag~ i~. 11 ~ ~s: O~y. I w~t ev~ ~ng 12 ' about ~at. 13 ~ ~E~: okay. I'v~ got my ~. 14 Any o~er ~mm~t? I would l~e to ~k s~fjust 15 b~efly, do we ~ow ~e -- ~d le~ had to l~ve, do we 16 ~ow approxlma~ly what ~o ~h~ulo is for Mc~nncy for 17 380? I~ow~tlt'smov~upin~osch~cbutI 18 don't ~ ~ ~. I jmt w~d to ad~s ~at to 19 ~. W~. 20 M~ ~S: No. In o~g words, my 21 s~t ~ inappropfia~. I'm ~ng about 46. 22 M~ ~a~: O~y. All fi~t. 23 M~ ~L~S: what I ~id w~ to~lly 24 inapprop~a~. 25 . M~ ~E~: .MI fi~t. Any o~er 2 unanimously. All right. Now, we move onto the secon-d: ~ Agenda item. Ms. ~pple.' J 4 MS. APPI_~: I movc to recommend approval of 5 Z-99-046 subject to the following conditions: prior to 6 the issuance of any building permits adequate 7 transportation infrastructure shall be constructed in 8 accordance with the traffio impact analysis approved by 9 the Transportation and Engineering Department; two, that 10 the amendment to the roadway component of the Denton 11 Mobility Plan that proposes a new corridor south of 12 . Mills Road for Lake3'iew Boulevard to.the weSt of the 13 existing Trinity Road is resolved; and, three, that a" 14 mlnlmum of thre~ and a half acres be set aside for 15 private open space du~ to the density. 16 MIL MCNEILL: Second. 17 ER. RISHEL: A friendly motion. 18 ~ E,~GELBPa~CHT: l~ardon, Ma'. Rishel. I 19 didn't hear you. 20 MR. RISHEL: A friendly amendment that what 21 is two in the other thing that reads that a commitment 22 of improvements to the Lakeview Boulevard bridge over 23 Cooper Creek as approved. I'd like that as a friendly 24 motion. 25 MR. EIqG£LERECHT: AS a friendly amendment? PLANNING AND ZONING OCTOBER 20, 1999 -j Page 73 - Page 76 49. Cond~ns~ItTM .: Page 77 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 2O 21 22 23 24 25 MR. RISHEL: Y~. ~ ENO~BI~xm'r: MS. Apple, you mad~ tho motion. Basically, it's lyre. mst-mu 'ties it to~. ~ l~loEI. B~x~rr: 'rl~ bridge it~n that's in fl~ first case to this case. Ms. AI'I'LE: ! will accept that friendly amendment. . MP.. MCNEILL: My second will accept th~t. Wa. ~oEcB~v. crrr: ~ll right. Tlmnk you both. So now we have a motion and second with four conditions, tho thr~ of tho pr~vlous case and one for 3.5 acr~ minimum Ol~n space. Any discussion on th~ motion? In that case, vote,, please. Motion carries six to one. ('Mr. Williams voting in opposition) MR. ENOELBRECHT: Arid that concludes our Agenda for thls ~vening. Some have asked with regard to some discussion about our rules and I'm assuming you would like to see that on our next - MR. DONALDSON: DO you want US to bring that back for the next meeting? UR. MCNEILL: Y~;. MI~ DONALDSOH: okay. MR. ENOELBRECHT: AIl right. Any other Page 78 input? MR. WmUAMS: Also, could you put what the rules, one week, getting our material one week before meetings. MR. ENO~.L~P. ECHT: We can talk about that but we won't get it this time. MR. Wr~LIAMS: No. What I'm saying is could it be on our Agenda,i.toms if we're going to talk about it - to discuss. MIL MCNEILL: It will be part of thc rules. MR. WILLIAMS: Yeah, part Of the rules to be discussed. MR. ENGELBREcHT: We can talk about that; I · can tell you the staff-- MR. WILLIAMS: I really don't care, because I have a life outside of Planning and Zoning. MR. ENGELBRECHT: MS. Oourdie. MS. GOURDIE: I would also like to know, and being that we've got you as Chairman who's done this ;'': before and Salty has been on a year and has been appointed as the Co-Chair, and I'm not really sure how this works. I'd like to also know what the Chair is responsible for, what the Chair does so we can everyone up to par as to how the whole system works because I really don't think we really know what goes on in your chair. And I think it PLANNING AND ZONING 6 7 8 lo 11 12 13 14 16 17 18 19 20 21 24 OCTOBER 20, 1999 50. I would be good for us to know ~,hat happens fo~/'th~'Chah-. [ 2 And when somenne l~as to jump in to be Co-Chair, I think it [ 3 would~6e nice for them to also know what they're 4 respouslblc to do and what they can't'do. MR. MCNEIl. L: It'S not -- Vice-Chair, it's not Co-Chair. MS. C, OtmDW- 'thank you for correcting mc. · Mm. M..C~ Yes. It's ~ntlrely different. MR.£NO£!-~RFXiHT: Dually noted. Mr. Donaldson, did you get all that? Any other? M~ Wp.r~xts: Orientation for new commissioners because I was very fortunate coming on fight be[om the -- and when a person is coming on in November would be totally in tho dark. MR. ~qo£t3as~za-rr: we don't have anyone coming on at this time but we will -- that's another item for that is briefing for new personnel. Okay. That's it? We're adjourned. Thank you. Page 77 - Page 7 ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITy OF DENTON, TEXAS, PROVIDING FORA CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132.55 ACRES, SINGLE- FAMII,y 10 CONDITIONED (SF-10[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND SINGLE-FAMII.y 13 CONDITIONED (SF-13[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F.M. 426) IN THE PROXIMITy OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM .&MOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-072) WHEREAS, Paul Spain, on behalf of Dieter Schwartz,.has applied for a change in zoning for 408.36 acres of land fi:om an Agricultural (A) zoning district'61assification and use designation to a Single-family 7 (SF-7) zoning district classification and use designation on 132.55 acres, Single, family 10 (SF-10) zoning district classification and use designation on 84.09 acres, and Single- family 13 (SF-13) zoning district classification and use designation on.191.72 acres; and WHEREAs, on October 20, 1999, the Planning and Zoning commission recommended approval of the requested change in zoning;, and WHEREAS, the City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, ~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 81.71 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed fi:om an Agricultural (A) zoning district classification and use designation to a Single- family 7 conditioned (SF-7[c]) zoning district classificatiOn and use designation; that the zoning district classification and USe designation 0fthe 61.29 acre pr°Perty'described in the legal description attached hereto and incorporated herein as Exhibit B is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 10 conditioned (SF-10[e]) zoning district classification and use designation; that the zoning district classification and use designation of the 22.80 acre property described in the legal description attached hereto and incorporated herein as Exhibit C is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 10 conditioned (SF-10[c]) zoning district classification and USe designation; that the zoning district classification and use designation of the 191.72 acre property described in the legal description attached hereto and incorporated herein as Exhibit D is changed from an Agricultural (A) zoning district classification and use designation to a Single-family 13 conditioned (SF-13[e]) zoning district classifie.ation and use designation; and that the zoning district · classification and use designation of the 50.84 acre property described in the legal description attached hereto and incorporated herein as Exhibit E is ch~ugcd from an Agricultural (A) zoning district classification and use d~ignation to a Single-family 7 conditioned (SF-7[c]) zoning district classification and use designation under the COmprehensive zoning ordinance of the City of Dcnton~ Texas, subject to the following conditions: 1. Prior to the issuance of any building permits, adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis (T/A) approved by the Transportation and Engineering Depathuent. 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved by the Transportation and Engineering Department; and 3. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeyiew Boulevard to the west of the existing Trinity Road is resolved. .SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be freed a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitUte a separate and distinct Offense.' : SECTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, word, or provisions ofthi~ ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part so decided to be invalid or unconstitutional, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portion~ despite any such validity. .SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPRoVlql') thlS the day0f ,1999, JACK MII,LER, MAYOR · · 52. - Page2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTV, CITY ATTORNEY 5 3. - Page 3 EXHIBIT A .'. i.: 7 2 .... Single Family (SF-7) :: :; POINT OF BEGINNING being a ~" Iron Rod South 87~, 39' 53" East a distance of 1,762.98 feet to a ~" Iron Rod for comer; THENCE South 02^ 29' 20" West along Trinity Road a distance of 2,306.03 feet to a %" Iron Rod for comer;, .. . ... THENCE North 87^ 07' 53" west along Blagg ROad a distance Of 1,403.40 feet t° a ~,, iron Rod for comer;, THENCE North 55^ 48' 41" West a distance of 131.63 feet to a point for comer;, :THENCE North 40^ 29' 30" East a distance of 222.22 feet to a point for corner; THENCE North 25^ 51' 36" West a distance of 164.43 feet to a point for comer; THENCE North 59^ 01' 32" West a distance of 40.87 feet to a point fo'r comer; THENCE North 11^ 41' 25" East a distance of 13.74 feet to a point for comer; THENCE North 70^ 06' 21" East a distance of 54.81 feet to a point for comer; THENCE North 57^ 31' 14" East a distance of 88.39 feet to a point for comer; THENCE North 02^ 08' 18" West a distance of 88.68 feet to a point for corner; THENCE North 34^ 46' 24, West a distance Of 133.12 feet to a point for comer; · THENCE North 09^ 48' 53" East a distance of 213.32 feet to a point for Corner;' THENCE North 03^ 07' 11" East a distance of 349.74 feet to a point for corner; THENCE North 20^ 19' 10" East a distance of 116.20 feet to a point for corner; THENCE North 89^ 34' 54" West a distance of 280.71 feet to a'point for corner; THENCE North 00^ 25"08" East a distance of 304.49 feet to a point for corner, said point being on the south right-of-wa~/line of Appaloosa Drive (a 60' right-of-way); ' THENCE North 05^ 05' 40" West departing said south right-of-way line a distance of 60.00 feet to a point qn the north right-of-way line of said Appaloosa Drive, a circular curve concave to the Southeast and having a radius of 630.00. feet arid a tangent bearing of South 84^.54' 20" West; · THENCE run along the am of said right-of-way line through a central angle of 04~ 58' 57" for a distance of 54.79 feet to a point for cOmer; .THENCE North 00^ 25' 08" East departing said north right-of-way line a distance of 588.52 feet to the POINT OF BEGINNING. Containing 81.71. acres, more or less. 54. - EXHIBIT B- Z-99-072 .. · Single Family (SF-'I0) :: -. POINT OF BEGINNING being In the south right-of-way line of Blagg Road (a 60' right-of-way) South 87^ 13' 23" East along said right-of-way line a distance of 166.80 feet to a ~" Iron Rod for comer;, THENCE S.outh 02^ 15' 04" West departing said right-of-way.line a distance of 880.43 feet to a point for comer;, . THENCE South 87^ 44' 57" East a distance of 40.00 feet to a point for corner; ..THENCE South 02^ 15' 04" West a distance of 1,912.92 feet to a point for comer, said point being in the south right-of-way line of Draught Horse Drive (a 60' right-of-way); THENCE South 87^ 44' 57" East along said right-of-way line a distance of 40.00 feet to a point for comer;, THENCE South 02^ 15' 04" West departing said right-of-way line a distance of 841.69 feet to a point for comer; THENCE North 87^ 02' 12" West a distance of 102.72 feet to a %" Iron Rod for corner; · THENCE North 87^ 28' 16" West a distance of 683.76 feet to a point foi; Corner; THENCE North 02^ 37' 02" East a distance of 3,636.80 feet to a %" Iron Rod at a fence corner post for corner, said point being in the south right-of-way line of the aforementio, ned Blagg Road; THENCE South 87^ 13' 23" East along said right-of-way line a distance of 516.45 feet to the POINT OF BEGINNING. Containing 61.2~ acres, more or less. c Z-99-072 '.. Single Family (SF,'I 0).. .. POINT OF BEGINNING being a ~" Iron Rod South 87^ 02' 12" East a distance of 102.72 feet to a point for comer;, THENCE South 87^ 02' 11" East a distance of 287.03 feet to a point for comer;, THENCE South 20^ 2i' 07" west a distanc~ of 52.88 feet to 'a point for COmer;, THENCE South 12^ 44' 38" East a distance of 194.93 feet to a point for corner; THENCE South 15^ 05' 28" West a distance of 82.58 feet to a point for comer; THENCE South 32^ 19' 01" East a distance of 68.94 feet to a point for comer;, THENCE South 77^ 34' 46" East a distance of 191,50 feet to a point for comer; THENCE North 54^ 39' 49" East a distance of 497.70 feet to a point fo/' corner, said point being on the west right-of-way line of Lakeview Boulevard (a 60' right-of-way); THENCE North 82^ 35' 47" East departing said west right-of-way line a distance of 93.74 feet to a point for comer; THENCE South 02^ 32' 12" West a distance of 583.61 feet to a point for ~:0rner; THENCE North 87^ 09' 07" West a distance of 76.28 feet to a point for comer, said point being on the east right-of-way line of the aforementioned Lakeview Boulevard; THENCE South 29^ 57? 13" West along said right-of-Way line a distance of 333.44 feet to a poini of curVature on a circular curve concave tO the SoUtheast and having a radius of 480.00 feet and a tangent bearing of South 29^ 57' 13" West; THENCE run along the arc of said right-of-way line through a central angle of 24^ 48' 06" for a distance of 207.78 feet to a point for corner; THENCE North 86^ 44' 34" West along Mit!s Road departing said right-of-way line a distance of 85.76 feet to a ~" Iron Rod for comer; THENCE North 86^ 44' 32" West continuing along Mills Road a distance of 731.55 feet to a ~" Iron Rod for corner; THENCE North 01^ 33' 30" East a distance of 1,157.79 feet to the POINT OF BEGINNING. containing 22.80 acres, more or less. .. 56. ~ EXHIBIT Z-99-072 · Single-Family (SF-'I3) t :: :: POINT OF BEGINNING being a ~A" Iron Rod South 86^ 44' 34" East along Mills Road a distance · of 85.76 feet to a point for comer, said point being in the east right-of-way of Lakeview Boulevard (a 60' right-of-way); THENCE South 86^ 44' 32~. East contin'ulng along Mills ROad a distance of 124.50 feet to a point for comer; . · THENCE North 43^ 16' 17" East along Trinity Road a distance of 97.99 feet to a point for comer; THENCE South 46^ 43' 40" East a distance of 62.76 feet to a point for comer; :THENCE South 61^ 26' 46" East a distance of 184.15 feet to a point for comer; THENCE South 46^ 08' 37" East a distance of 116.88 feet to a point for corner; THENCE South 78^ 31' 18" East a distance of 205.51 feet to a point for comer; THENCE South 34^ 26' 15" East a distance of 113.77 feet to a point for corner; THENCE South 57^ 53' 03" East a distance of 124.36 feet to a point for comer; THENCE South 86" 43'51" East a distance of 103.64 feet to a point for comer; THENCE South 32^ 05' 28" East a distance of 151.09 feet to a potnt for corner; THENCE South 85^ 46' 40" East a distance of 51.22 feet to a Point for Corner; THENCE North 45^ 18' 48" East a distance of 133.07 feet to a point for corneri THENCE due East a distance of 60.95 feet to a point for corner; THENCE South 53^ 41' 10" East a distance of 81.26 feet to a ~A" Iron Rod for corner; THENCE South 03^ 13' 45" West a distance of 832.91 feet to a ~" Iron Rod for corner; THENCE South 60^ 26~ 45" East a distance of 546.69 feet to a Corp~ of Engineers Concrete Monument marked Q-300-W for comer; THENCE South 37^ 06' 22" East a distance of 406.29 feet to a Corps of Engineers Concrete Monument marked Q-299-W for comer; THENCE South 40^ 44' 09" EaSt a distance of 551.29 feet to a 'cOrPs of Engineers concrete Monument marked Q-298-W for comer;, THENCE South 33^ 41' 46" East a distance of 277.90 feet to a Corps of Engineers Concrete Monument marked Q-297-W for comer;,' THENCE South 25^ 05' 59" West a distance of 152.09 feet to a Corps of Engineers Concrete Monument marked Q-296-W for comer;, THENCE South 08^ 56' 29" West a distance of 296.82 feet to a Corps of Engineers Concrete Monument marked Q-295-W for comer;, 57. ~-XHIBIT D ~ *Z-99.-072 (Cont.) THENCE North 48^ 20' 23" East a distance of 258.99 feet to a Corps Of Engineers Concrete Monument marked Q-294-W for comer;, ' THENCE South 02^ 27' 35" West a distance of 443.88 feet to a Corps of Engineers Concrete Mbnument marked Q-293-BW for comer;, THENCE South 02^ 28' 16" West a distance of 949.52 feet to a Corps of Engineers Concrete MOnument marked Q-293-W for comer;, '. · . . · .. THENCE South 02^ 30' 01" West a distance of 1,339.23 feet to a ½" Iron Rod for corner;, THENCE South 83^ 27' 47" East a distance of 352.07 feet to a ~" Iron Rod for corner;, ..THENCE South 02^ 27' 47" West a distance of 130.26 feet to a ½" Iron Rod for comer; THENCE South 81 ^ 13' 33" West a distance of 86.24 feet to a point for comer; THENCE South 68^ 27' 5 West a dIstance of 111.15 feet to a point ~or comer; 4" ' THENCE South 55^ 08' 07" West a distance of 134.14 feet to a point for comer;, THENCE North 83^ 40' 48" West a distance of 78.18 feet to a point for comer; THENCE North 63^ 27' 22" West a distance of 149.69 feet to a polnt for comer; THENCE South 25^ 57' 55" West a distance of 232.50 feet to a ~" Iron Rod for corner; THENCE due West a distance of 767.70 feet to a point for corner;' THENCE North' 03^ 12' 57~ East a distance of 550.34 feet to a fence comer post for corner; THENCE North 64^ 35' 24" West a distance of 413.13 feet to a ~" Iron Rod for comer; THENCE North 01^ 59' 31" East a distance of 706.01 feet to a ½" Iron Rod for corner; THENCE North 02^ 40' 18" East a distance of 2,126.97 feet to a fence comer post for comer; THENCE North 84^ 51' 0.2" West a distance of 554.33 feet to a fence'comer post for corner; THENCE North 05^ 48' 02" West a distance of 10.33 feet to a fence corner post for corner; THENCE North 88^ 39' 36" West a distance of 856.14 feet to a ~" Iron Rod for corner; THENCE North 02^'51' 54, East along Trinity Road a distance of 527.49 feet to a ~" Iron Rod for comer;, · THENCE South 86^ t8' 15" East a distance of 8(i9.42 feet to a ½" Iron Rod for comer;, THENCE North 16^ 57' 38" East a distance of 146.41 feet to a ~" Iron Rod for comer; Ti~IENCE North 82^ 26' 52" West a distance of 707.37 feet to a ~" Iron Rod for corner;, THENCE North 02^ 51' 54" East along Trinity Road a distance of 560.38 feet to a ½" Iron Rod for comer;, 58. ExH~BTT D '. Z-99-072 (Cont.) THENCE North 02^ 51' 51" East continuing along Trinity Road a distsnce of 179.93 feet to a ~" Iron Rod for comer; THENCE North 02^ 51' 54" East continuing along and departing from Trinity Road a distance of 851.47 feet to the POINT OF BEGINNING. Containing 191.72 acres, more or less..' 59. EXHIBIT Z-99-072 Field Notes for Parcel D - Single Family (SF-7) :.. (including School and Park sites) :" P. OINT OF BEGINNING due East a distance of 767.70 feet to a ½" Iron Rod for comer;, THENCE South 63^ 27' 22" East a distance of 149,37 feet to a point for comer;, THENCE North 2~^ 02' 37, East a distance of 168.76 feet to a point for Comer;, ' THENCE South 83^ 40' 47" East a distance of 122.65 feet to a point for Comer; THENCE North 55^ 08' 07" East a distance of 150,52 feet to a point for corner; :THENCE North 68^ 27' 44" East a distance of 101.42 feet to a point for corner; THENCE North 81^ 13' 33" East a distance of 62.77 feet to a point for comer; THENCE South 87^ 32' 22" East a distance of 15.00 feet to a %" Iro~ Rod for comer;, THENCE South 02^ 27' 48" West a distance of 1,800.00 feet to a %" Iron Rod for corner; THENCE South 26^ 28' 54" West a distance of 274.05 feet to a %" Iron Rod for corner; -THENCE South 42^ 52' 48" West a distance of 220,14 feet to a %" Iror~Rod for corner, said point being on the north right-of-way line of McKinney Street (F:M. 426); THENCE North 47^ 27' 12" West along said right-of-way line a distance of 319;59 feet tca ½" Iron Rod for corner; THENCE North 46^ 46, 12" West along said righ[-of-way line a distance of 956.20 feet to a ~" Iron Rod for a point of curvature on a circular curve concave to the Southwest and having a radius of 7'10.61 feet to a point for corner and a tangent bearing of North 47^ 07' 12" West; THENCE run along the arc of said right-of-way line through a central angle of 16^ 29' 19" for a distance of 204.50 feet to a ½" Iron Rod for corner; THENCE North 03^ 12' 57" East departing said right-of-way line a dis, tance of 1,016.1~i feet to the POINT OF BEGINNING. Containing 50,84 acres, more or less. 60. - AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 1st, 2000 Planning & Developm~_~j Dave Hill, 349-8314 ~ SUBJECT Consider adoption of 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. (The Planning & Zoning Commission recommends adoption, 4-3, with conditions.) BACKGROUND The interim residential ordinance was reviewed during City Council's January 11th and 25th work sessions. Several changes were made in response to legal concerns, and the ordinance was reviewed by the Planning & Zoning Commission on January 26th. The P&Z then recommended adoption of the ordinance, 4-3 (Engelbrecht, Moreno, Gourdie & Rishel - in favor; Apple, McNeil & Williams - opposed), with the following recommended revisions: Pa~e 16 d. Housing Affordability - A density increase not exceeding five (5) percent can be achieved with a project having a minimum of 25% of all dwelling units eligible to participate in'home ownership programs offered by the City of Denton. (Change 10 percent to 5 and 50% to 25%.) Page 20 (1) All of the information contained in a zoning plan will be for reference purpose only. (Add "will be for reference purposes only".) Page 22 (15) The typical architectural elevations for all multi-family buildings proposed on the property. All project plans shall indicate the material, texture, windows, doors, and 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. (Delete the word "color" from the second sentence, directly after the word "material".) OPTIONS 1. Adopt the draft ordinance in its current form. 2. Make revisions to the ordinance as necessary. RECOMMENDATION Staff recommends adoption of the ordinance. ESTIMATED PROJECT SCHEDULE Residential Interim Regulations February 1st, 2000 City Council action & ordinance effective date PRIOR ACTION/REVIEW Residential Interim Regulations November 9th, 1999 December 1st, 1999 December 7th, 1999 December 7th, 1999 December 13th, 1999 December 14th, 1999 December 14th, 1999 December 15th, 1999 January 11 th, 2000 January 25th, 2000 January 26th, 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 City Council work session P&Z recommendation of adoption, 3-4, with conditions 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 ~1'-2~'~< uf~Respectfully sub~ Assistant City Manager, Development Services C:~Viy Docum ent~\Ordinances~Comp Plan ]raplcmcmat[on\lnt Rcgs - E~sidential~Draft #14 Iht R~ Stndrd$ Ords-P&Z 26jan00.doc 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 C:~My Docum cribs\Or dln anc~s\Comp Plan lraplementatlon'dnt Regs - Residential\Draft #14 lnt Res Stndrds Ords-P&Z 26jan00.doc 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: 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 Documents\Ordinances\Comp Plan lmplementation~lnt Regs. Residcnfial~Draft #14 Iht Res Stndrds Ords-P&Z 26jan00.doc 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. 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 for approval of a minor plat for land not more than 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; or (f) a residential development application, other than a residential zoning 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. Page 3 of 28 C:'~vly Documents\Ordinances\Comp Plan lmplemenmfion~lm Ress - ResidentialkDrafi #14 Iht Res Smdrds Ords-P&Z 26jan00.doc 4. 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 Regtflations. 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. Buffer yard means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. The area could contain a combination of planting, land berming and fencing to achieve the buffering. Structures could prohibited in the buffer yard. 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. Page 4 of 28 C:~vly Documents\Ordinances\Comp Plan lmplernentation~Int Regs * Residential\Draft # 14 lnt Res Stndrds Ords-P&Z 26j an00.doc Conveyance Plat means a minor plat as defined and provided for in Chapter 34 of the City's Code of Ordinances. 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 of a 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 Deuton 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 Page 5 of 28 elevation any poim more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. 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 from, 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. Preliminatw plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an 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. Page 6 of 28 C:h'vly Documents\Ordinances\Comp Plan lmplementation~lnt Rcgs - Residential~Draft # 14 Iht Res Stndrds Ords-P&Z 26j an00.do¢ Qualified masonry product means brick, stone, stucco or masonry material that replicates brick, stone or stucco. 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: 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 Page 7 of 28 C:LMy Documents\Ordinances\Comp Plan lmpiemenlationLlnt Regs - Residential'fi)raft #14 Int Res Stndrds Ords-P&Z 26jan00.doc amend or approve a concept plan, development plan or detailed plan for which no de4~elopment plan previously has been approved. Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way. 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 Page 8 of 28 C:~uMy Documents\Ordlnances\Cornp Plan lmplemematlon\Int Regs - Residential~Draft #14 ]nt Res Stndrd$ Ords-P&Z 26jan00.doc 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. 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. 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 ora 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 Page 9 of 28 C:hMy Documents\Ordinances\Comp Plan lmpJementationXlnt Regs - ResidenfialXDratt #14 Iht Res Smdrd$ Ords-P&Z 26jan00.doc bo 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 goveming zoning plans and the purposes of these interim regulation are met. (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. Page 10 of 2g C:~My Documents\Ordinances\Comp Plan lmpleraentatlon~Int Regs - Residential~Draft/tl4 Iht Res Smdrds Ords-P&Z 26jan00. doc (2) The design plan shall be reviewed and decided by the Planning and Zoning Commission, subject to appeal to the City Council. Criteria 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. Page 11 of 28 C:~v~y Documents\Ordinances\Comp Plan Implementation\Iht Kegs - RcsidentiagDrafl #14 Int Rcs Stndrd$ Ords-P&;Z 26jan00,doc (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. (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. bo 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. (3) Density Increase Requires Rezoning Whenever an applicant for approval of a zoning plan requests either an increase in residential density pursuant to the rules Page 12 of 28 C:~ty Documents\Ordinances\Comp Plan Implcrnenlafion~lnt Regs * ResidentialLDrafi//14 Int Res Stndrds Ords-P&Z 26jan00.doc Co do in this ordinance in excess of that authorized in an existing Planned Development, or in the event that an increase or transfer in residential density, if granted, would result in a lot size that exceeds the minimum lot size in the existing residential zoning district, he must also seek a rezoning of the existing residential zoning district to a Planned Development. 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. (2) For single-family developments, three (3) dwelling units per gross acre. For multi-family or single-family attached developments, eight (8) dwelling units per gross acre. 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: (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; Page 13 of 28 C:hMy Documents\Ordinances\Comp Plan lmplemcntation\lnt Regs - ResidentJal~Draft//14 lnt Re~ Stndrds Ords-P&Z 26jan00.doc (b) (c) a density of up to fifty percent (50%) of the base residential density for environmentally sensitive areas for which density is proposed to be transferred; a density of 0 dwelling units per gross acre for floodway areas. 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. (2) Criteria for Increased Multi-family Density Where an increase in base multi-family density is requested, the following geographic criteria shall be considered: (a) In areas designated as Community Activity Centers, density of up to 14 units per gross acre may be appropriate. (b) In areas designated as Regional Activity Centers and the Downtown University Core District, a density of up to 20 units per gross acre may be appropriate. Page 14 of 28 C:Wiy Documents\Ordinance\Comp Plan ImplementationLint Regs - ResidcntialXDrat~ #14 Int Res Stndrds Ords-P&Z 26jan00. doc (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 111 units. Direct access to freeway - up to 200 units. Direct access to primary or secondary arterial -upto 150 units. Direct access to collector street - up to 100 Multi-family concentrations shall be located at least ½ mile from the nearest multi-family concentration. (3) Maximum Densities 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. (4) Specific Criteria for Increased Density Page 15 of 28 C:~My Documents\Ordlnances\Comp Plan lmplementation~lnt Regs - R~sidential~Draft #14 Iht Res Smdrds Ords-P&Z 26jan00.do¢ (a) (b) (c) (d) (e) Open Space - A density increase not exceeding ten (10) percent may be achieved by meeting the following schedule: Up to 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. Up to one (1) percent increases in density may be awarded for each additional one (1) percent of designated open space. 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 requirements of Article III, Chapter 22 of the Code of Ordinances of the City. School Site Dedication - A density increase not exceeding ten (10) percent can be achieved through the dedication of a School District approved site. Housing Affordability - 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. Design Features - For every three of the following design features listed below, an increase in density of up to 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. Page 16 of 28 C2aMy Docu men~s\O rdinances\Comp Plan lrapleraentation~lnt Regs - ResidentialkDraft #14 Iht Res Stndrds Ords-P&Z 26jan00.doc (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Roadway connectivity to adjacent development - one street connection for each 650 linear feet of adjacency. Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street. 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. Hike and bike trails - Hike and bike trail independent from sidewalks is provided that connects public facilities or dedicated flood plain areas. 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. Traffic calming devices - Approved traffic calming devices are incorporated into the street patterns. 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. 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. Page 17 of 28 C:~ly DocumenL~\Ordinances\Comp Plan [mplementa6on~lnt Regs - ResidentialkDraft #14 Int Res Stndrds Ords-P&Z 26jan00.doc (ix) Transit facilities - the provision of bus tum- outs and covered seating areas for bus riders. f. 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 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 units 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. Page 18 of 28 C:~'vly Documents\Ordinances\Comp Plan lmplementation~Int Kegs - Residential~Draft//14 lnt Res Smdrds Ords-P&Z 26jan00.doc (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) (ii) (iii) Minimum bufferyard width of 15 feet; Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard; and Minimum number of understory trees equal to 1 for each canopy tree. (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: Page 19 of 28 C:klvly Documents\Ordinances\Comp Plan lmplementationklnt Kegs - ResidentiagDraft #14 Iht Res Stndrds Ords-P&Z 26jan00.doc go 3. Proiect Plans ao (c) (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. 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 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. Proiect Plan Requirements. A project plan shall contain the following: (1) All of the information contained in a zoning plan. Page 20 of 28 C:~vly Documents\Ordinances\Comp Plan lmplcracnlation~lnt Rcgs- R©sidcntial~Drail #14 lnt Res Stndrds Ords-P&Z 26jan00.doc (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: (7) (s) (9) (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 trait, 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. Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of: (a) (b) (c) (d) (e) Water lines and diameters. Sewers, manholes and cleanouts. Storm drains and catch basins. Fire hydrants. Location and size of all public utility easements. Location, size, access, and screening of all dumpsters. 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. Page 21 of 28 C:~vly Documents\Ordinances\Comp Plan lmplementatlonUnt Regs - Re~identialkDrafl #14 Iht Res Stndrds Ords-P&Z 26jan00.doc (1 O) 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. (16) Any other information deemed necessary to analyze the project. bo Project 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 Page 22 of 2g C:~ly Documcms\Ordlnances\Comp Plan lmplementatlon\lnt Rcgs - RcsidcntialXDraf~ #14 Iht Res Smdrds Ords-P&Z 26jan00.doc 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 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. Page 23 of 28 C:~v~y Documents\Ordinances\Comp Plan lmplementation~lnt Pegs - Residential~Draft #14 lnt Res Stndrds Ords-P&Z 26jan00.doc (g) Garage door orientation and setbacks - 40 pement 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. (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. 4. Design Plan 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 Page 24 of 28 C:kMy Documents\Ordinances\Comp Plan lmplementationLlnt Regs - Residentiai~Draft #14 Int Res Stndrds Ords-P&Z 26jan00.doc (4) (5) development. Indicate which buildings are to remain and which are to be removed. 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. 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: (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. (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. Page 25 of 28 C:kMy Documents\Ordinances\Comp Plan lraplemenmtionklnt Kegs - Re~id ential'~Draft # 14 Iht Res Smdrds Ords-P&Z 26jan00,doc 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., illmnination 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 design 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 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; Page 26 of 28 C:kMy Do~;uments\Ordinance~\Com p Plan lmplementalion~lnt Regs - ResidentiaBDraft #14 lnt Re~ Stndrds Ords-Pt~Z 26jan00.doc (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 4. The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. 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 Page 27 of 2§ C:LMy Documents\Ordinances\Comp Plan lmplcmentation~Int Regs - Residcntial~Draft #14 Iht Res Stndrds Ords-P&Z 26jan00.doc 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 VII. 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Page 28 of 28 Aoenda Agenda Item · ,~'~ Date_ '~7/,//~ AGENDA INFORMATION SHEET AGENDA DATE: February 1, 2000 DEPARTMENT: CM: City Manager's Office Mike Jez, City Managei~ SUBJECT Consider adoption of an ordinance amending Section 2-83(c) of Article III "Boards, Commissions, and Committees" of the Code of Ordinances of the City of Denton establishing an attendance policy and broadening the excused absence requirements; providing a savings clause; providing a severability clause, and proving an effective date. BACKGROUND At the Council Work Session of January 11, 2000, Council directed staff to prepare an ordinance that would revise the rules for attendance of the members of the City's boards, commissions, and committees. The attached ordinance expands the definition of an excused absence to include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's businesses or employment and any related emergencies or other matters which the board, commission or committee finds qualify as an excused absence. It also provides for a quarterly attendance report to be submitted to Council for their review. RECOMMENDATION Staffrecommends that the proposed ordinance be approved to allow for greater flexibility in absences from board/commission meetings. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-83(c) OF ARTICLE III "BOARDS, COMMIS- SIONS, AND COMMITTEES" 'OF THE CODE OF ORDINANCES OF THE CITY OF DENTON ESTABLISHING AN ATTENDANCE POLICY AND BROADENING THE EX- CUSED ABSENCE REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has deemed it necessary to revise the rules for attendance of the members of the City's boards, commissions, and committees in order to provide for the orderly conduct of meetings and hearings; and WHEREAS, the City Council conveys to the citizens'that if they accept the appointment for public service that they do so with the knowledge that such service requires them to meet the attendance requirements and that such service requires personal sacrifices; and WHEREAS, the City Council believes that it is a breach of a board, commission, or committee member's duty to the public and to those board, commission, and committee mem- bets who faithfully and promptly comply with the attendance policy to be inconvenienced by members who are habitually tardy or absent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article III "Boards, Commissions, and Committees" of the Code of Ordinances of the City of Denton is hereby amended by amending subsection (c) "Absences" of Section 2-83 to read as follows: Sec. 2-83. General rules. (c) Absences. Every board, commission, and committee member shall attend all regu- larly called and scheduled meetings of the board, commission, or committee of which he or she is a member. The chairperson shall announce, for the record, the names of members ab- sent and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The unexcused absence of any board, commission, or commit- tee member from more than three (3) regularly called and scheduled meetings of the board, commission, or committee of'which he or she is a member in any one (1) year or lack of at- tendance at fifty (50) percent 0fthe number of regular meetings in a year, unless such absence is excused, shall be considered "cause," as that term is used in section 14.16 of the Charter, for re- moval of the member by the City Council from such board, commission, or committee. An ex- cused absence shall include personal or family illness, death of a family member, jury duty, service in the armed fomes, .testifying before the legislature, attending a seminar involving mu- nicipal matters of importance to the member's duties, absence necessary for the member's busi- ness or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. Attendance reports will be provided by boards, commissions, and committees to the City Council on a quarterly basis for their review. view. Copies of this ordinance shall be forwarded to members of all of the standing boards, .commissions, and committees and to new members as they.are appointed. SECTION 2. That save and except as amended hereby, all the remaining sections, sub- sections, sentences, clauses, and phrases of Section 2-83 and Chapter 2 of the Code of Ordi- nances of the City of Denton shall remain in full force and effect. SECTION 3. 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 validity. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, cI;y/TTORNEY Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 1, 2000 Planning Department ..~ David Hill, 349-8314 Asenda ltem__~_L Date ... ,~ -/' o ~, ..... SUBJECT - A-96 (Silver Dome at Cooper Creek) Consider adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-96, Silver Dome at Cooper Creek) BACKGROUND The applicant has requested the property, which is currently undeveloped, be annexed. The purpose of the annexation is to incorporate the property into a proposed single family development. The zoning at the time of annexation will be Agricultural (A), but the developer is requesting a zoning change to One-Family Dwelling (SF-7) under separate petition. The zoning petition is subject to the moratorium and relief has been denied. As a result, the zoning of this property and other properties of the applicant in the area will not be considered at this time. The development as proposed will require public improvements. The following is a preliminary list of those improvements which may be triggered by the platting process: 1. Right-of-way dedication along Silver Dome and Cooper Creek. 2. Participation in a future traffic signal at Silver Dome and Cooper Creek. 3. Construction of internal streets. 4. Construction of sidewalks along all public streets. 5. Extension of public utilities to service the development. 6. Possible upsizing of existing public utilities. 7. Installation of fire hydrants. 8. Dedication of public utility easements. 9. Possible construction or expansion of library services. 10. Development of new parkland. The development, if built out as a residential subdivision as proposed, would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98-039). Although an application for platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park Dedication Ordinance, because it is located in the ETJ. If it were within the City, park development fees ($291 per residential lot) would be collected when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed." RECOMMENDATION The 1999 Denton Comprehensive Plan anticipates this property to be within a low-density residential Neighborhood Centers area. Since this property is outside the city limits, annexation is the logical step to ensure development consistent with Denton Comprehensive Plan. It will provide the City of Denton the authority to regulate land use based upon zoning classification. Therefore, staffrecommends approval of the annexation request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 12, 1999: City Council institutes annexation proceedings. November 2, 1999: City Council holds first public hearing on the proposed annexation. November 16, 1999: City Council holds second public hearing on the proposed annexation. December 14, 1999: City Council approves first reading of ordinance. December 15, 1999: The Planning and Zoning Commission recommends approval orA-96. FISCAL INFORMATION None at this time. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Location Map 2. Zoning Map 3. Utility Map 4. Denton Mobility Map 5. Annexation Schedule 6. Service Plan 7. Service Analysis - Transportation 8. Service Analysis - Police 9. Service Analysis 10. Service Analysis 11. Service Analysis 12. Service Analysis 13. Service Analysis - Fire - Water/Wastewater - Electric - Parks & Recreation - Solid Waste 14. Service Analysis - Library 15. Service Analysis - D.I.S.D. 16. Petition for Annexation 17. Draft Ordinance Prepared by: / Respectfully submitted: &e owll / Director of Planning and Development ATTACHMENT 1 A-96 (Silver Dome and Cooper Creek) NORTH LOCATION MAP Agenda Date: February 1,2000 Scale: None ATTACHMENT 2 A-96 (Silver Dome and Cooper Creek) NORTH ETJ % % sF-7(c) ETJ CURRENT ZONING MAP Agenda Date: February 1, 2000 Scale: None ATTACHMENT 3 A-96 (Silver Dome at Cooper Creek) NORTH UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: February 1, 2000 Scale: None o A-96 ~ATTACHMENT (Silver Dome at Cooper Creek) 4 NORTH DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials "/Secondary Major Arterials -' '. Collectors Agenda Date: February 1,2000 Scale: None Attachment 5 A-96 (Silver Dome at Cooper Creek) ANNEXATION SCHEDULE September 24, 1999 October 12, 1999 October 23, 1999 October 31, 1999 November 21, 1999 November 2, 1999 November 16, 1999 December 14, 1999 December 15, 1999 January 2,2000 Staff receives annexation petition. City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. ~ Preliminary Annexation Assessment prepared. ~ Annexation Schedule prepared. Notice published in Denton Record-Chronicle for first public hearing. n Annexation Study prepared and available for public review. n Service Plan prepared and available for public review. Notice published in Denton Record-Chronicle for second City Council public hearing. Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. City Council conducts first public hearing. · Public notice must be no less than 10 days and no more than 20 days before public hearing. City Council conducts second public hearing. · Public notice must be no less than 10 days and no more than 20 days before public hearing. City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. Public notice must be no less than 10 days before public hearing. Publication of annexation ordinance in Denton Record-Chronicle. ATTACHMENT 6 ANNEXATION SERVICE PLAN CASE NUMBER: AREA: LOCATION: A-96 (Silver Dome at Cooper Creek) approximately 24 acres Southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Water/Wastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. Ge Je ANNEXATION SERVICE PLAN (A-96) Silver Dome at Cooper Creek Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after thc effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. A;~6 ~-..- - ENGINEERING AND TRANsPORTATiON 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed Improvements or upgrades? " 'Name arid Iocafi~'n · ~' :" ' '~;. i' .:'AoDrOxi~nate Cost '." ' : ?qo./)oo ' e Are any of these improvements presently scheduled to be done at state or federal expense? _,,4.)t7 . If yes, please identify facility and anticipated date improvements will begin. Please list any drainage improvements that may require-local funding, and include estimated cost (if no specific Improvements can be determined, please make general comments concerning dral age). , , ' , Will additional equipm, e0t and facilit!es*be needed as ~ ..specific resul! o.f this annexation 'and deVeloPment? :AJ e..) ': '.. If yes, what typ~ of eqUipment b'r facility?· · ' 5. Please comment on the cumulative impact of annexation and development. At Wh .a.t.p _opula_Uon leveI would additional-equipment be required? Is there an accept,ed equipment to population ratio that can be used for planning purposes?_ /U/~i~. . Is there an accepted employee to population ratio that can be used f,0:r plan~ir~ ..-purposes?'._ ~utt'-e~.~ .~' .,~..~o~..Ja '~u[o.~t~..~:~',~.,0' =. ~'~'O~.' AdditionalCo~ment~: 0:), ,,~ ,g,.t'~'..~ ~ ~ 'Person to contact if there are questions D~;te ' ' A-96 Service Analysis Z0. average response time for this area Based on current department con~h~tions ~ ~ Average ~2.78 ~dnutes reSpons~ t~me,~n th~,ci't~ ~a~'edfon'cur~nt. department Non-pr~ority [4.08minutes Average ~2.2810/nutes If e~nexed and developed as proposed, w~11 addit~onal personnel Be needed as a spee~£~c result o£ this proposal? Do . I£ yes, how many? W~11 additional equipment and f~din~ If yes, what t~e? ' W~11 a police s~stat~on or other facility be needed to se~e th~s area as a result of annexation and develo~ment?~ If yes, when should the new facil~t~es be operational? Please ~o~ent on the c~ulat~ve ~mpact of annexa~gn and development. At what po~ulat~on would another police Is there an acceDted facil~ty/e~pment to population rat~o that can be used · a~a emen~ ma have ~sed such a rat~o ~n:the asr." - ... Is there an accepted oEf~cer to population rat~o that can be used for ".~ plann~n~ pu~oses~ _.90~4908 ~eld opera,ions o~f~cers Der 1,000 DoDulat[=,~. w~th th&' Additional This.serv~c~ analys~s ks based upon prelected acrea~e/population densitY, asstunption Of even distr~bution of persons. rson to contact ~E there ar. questions ~ate Typical Service InEo Re~uest.doc 11. FIRE 1. Fire an~! Emergency Medical se~ices cen b~.DroVided to the .... ar__ from station(S) # ~r' , located at E~, II O E4.5,/- - · Est'imaf~ed'response timei-:' ' ~" minutes · ' "- ApProPriate response time in the City." ,.¢. minutes ' Is a new fire station approved in the ClP that could serve this area? wh..at is the ClP program year? If yes, Will a new fire station be requested in upcoming ClP proposals to serve this area? · ~J'¢ :~ If yes, when should this station be operational? Total estimated funding for equipment, employees and/or facilities needed to serve this aroa strictly based on annexation and proposed development. Additional Comments: ..Please comm, ent on the cumulative impact of ~nnexation and development. · At What pbpulation level would another librarY f~cility b~ required? /v//,Z - .. Is thero an accepted circulation to PopUlation rati° that can be used for planning purposes? ~//~ Is there an accepted em, ployee to population ratio that can be used for planning purposes? ' t~./~ Per~on to ~ontact if thero are ques[~ons Date A-96 Service Analysis 12. : - ' ...... ' .~ n~va~ WATER:[ WAST~AT~R What is the-eamst C~ of DenOn water lin~.n of water line, Lo~tlo~ of water line. ' Distan~ Imm Pr0~sed annexation, 2. What i, tho n,amst Distance from proposed annexafion~~ According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year ~ Water lines o~Z~ ~ Sewer lines _: --.., 4, Am them any City of Denton lines included in the propos~ e,d..,,.., annexation? Please comment on the cumulative impact of annexation and development. At what popUlati°n level w°b!d .additional ~ClUijSment be required? is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? . : * Additional Comments: Person to contact if th re are questions Date A-96 Servlce AnalYsis i3. 3523 438! 3430 4 ~00 Y~ 600 YE, ~LE~r~c u~'~LrrjEs~ ~at.ls the d~S~nce to, IO~Uon of. ~nd size of the ne~st C~ of Denton elo~fio line? .. . ~ . *~ ~' ' . · ~..,, .. ~ . .: ...: . ........: . ~. Ov~.~ .... ~ .¥ . What ~po ~mues wOUld be required to sewe this area? ' dlfional Comments: Are any new lines or fa~]~ pro~sed for ~n~ion ~ ~e this area? ea Js annex~? ~J~se mmment o~ the cUmulative jmpa~ ofa~nexaEon ~u oeveJop~eDt. At what population leveJ Would ~d~iOnal equipment be required? Is ~ere an'a~pted equipment to' o ' ' PU~oses? P pulafion m~o that ~L purpose? . .uPu~aaon mUo ~at ~n be used for ~on to ate Service Analysis PARKS AND RECREATION 1. What neighborhood park and recreational facilities are currently servinD this area or are capable of serving this ama if annexed and/or deVeloped (federal, state, or local)? None are wlthln the. proposed annexation. The closest park. property is .Avondale PaY. k, located on Nottingham at DeVOnsh~:e streets (appr&x. f.$ miles' 'West)?-Cu~re~t'reslde~its'wlthin the Pr. opoS~d annexa~ion'wil'i be able t~)' Use' ' existing City of Denton parks, facilities and Programs. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? An additional neighborhood park will be needed to serve this area, in accordance with service standards below: Service Standards: Neighborhood Parks: -2.5 acres per f, O00 population (to be dedicated by developer at time of platting) -5 acres minimum size e How much additional funding will be needed for matntena~n~6 if additional park facilities are developed to serve this area? Funding Wiil be reguired, in accordance with service standards below: Service stan~iard:~ ' ~ Based on $3,454 (developed) cost per develOPed pa~k acre, ' How many additional personnel would be needed to properly serve this area if annexed and developed.? Requirements dependent on the folloWing ,standards · .Service Standard.~: · O.S to 0,7 FTE additional personnel Per 1,O00 Population (dePending on type o'f service) . . $38,000 per year cost per additional personnel Add!tional Comments: Staffing and service costs are dependent upon the number of. reSldentlal*unlts 'to be ~ievelopbd In the Service'afea a,d the'correSP°nding Park dedication requirements. Person to contact if there ar.e questions Date Annex Tract A96.doc .SOLID WASTE '.,: :z 3 SERVICE ANALYSIS A-98 Is residential solid waste service available too the proposed area for annexation? 2~ Is.comrn:ei:cial ' · · ' ' .. ~,$ ..: :'.:. ~. Solid WaSte' Serqice' available to the pr°p6sed ~/rea f0r.a~'ne~ati°n? 5 What is the estimated cost t° provide this area with solid waste Service? Equipment and Maintenance. Personnel. What is the typical revenue collected per: Household. Commercial Business Will additional equipment be needed to serve !h!s area if~'nnexed or developed? Type of Equipment. Cost of Equipment. Will'additionai emPio~;ees be needad 'to serve {his area' if annexed or developed? Type of Employees. Number of Employees.. 7.. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _/3~,,/,,/¢h,,,o Is there an accepted equipment to population ratio that can be used for planning purposes? Is.there an accepted employee t° PoPula'ti0n ratio.that.can''be uSed for planning. purpos6s? ' .... .. Additional Comments: Peroon to r,,ontaot if there are questions Date A-96 Service Analysis _ 1. If annexed, can anticipated service demands be met using existing materials, facil[ties, and personnel? .___No 2. If not, how many additional employees and what type of fa. cilities and materials wili be needed to · ~revide.se.rvices?. ~~tonal. ltb~ai-i~ns w6uld.-~8, needed ," ·: ..~ '' to rov~de additional ro rams and Serv'~ces. 3. Estimated additional funding needed strictly based on proposed annexation and development..____$_~t684 Please eomment on the cumulative impact of.annexation and development. At what population level would another library facility be required?.. 50,000 Is there an.accepted circulation to population ratio that can be used for planning purposes? ~Jta Is there an accepted employee to population ratio that c~*i~_ purposes? .... · ....... - ....... ' ~"°"-,,'u Professional i rarlans: comprise one- ~r o -s a . AdditiOnal C0'mments:: . · - , ' - Person to contact if there are qu. estions .10-28-99 Date A-96 8e~ce Analysis 18, A.96 ~D.I.S.D? 1.' If annexed, .chn anticipated se~'ic~ demands be'met using existing rnaterlals,': .. facilitie3,andpers0nn~l?' :'...' .i' ' ' i..' i . '.'~..: '.- .:. "- The District has measured capacity at each facility on the basis of'Tunctional capacity." This value represents the number of students that may be served by the pem~anent structures located at each campus. The use of portables or other temporary structures is not included in the 'Tunctional capacity'' calculation. Elementary enrollment is at 108% of district-wide functional capacity. This includes the additional capacity provided through recent additions at the Rayzor and Wilson campuses. Several other elementary addition projects are scheduled throughout the District. Assuming completion of these projects, current elementary enrollment would be at 100% of planned functional capacity, lVliddle and high schools are estimated to be at 100% and 89% capacity respectively. A fourth middle school is scheduled to open for the 2002 school year, adding an additional 1,000-student capacity.. · will be needed to provide serviceS? For planriing:purposes; the district assumes that 0140 elementary Students, O. 17 middl~ sch°ol"StU~len{s, and'o. 18 high ~'bhool stude'nis'are 'geherated by each · manufactured home. D.I.S.D. assumes that this site will yield 84 single-farnily units - 3.5 dwelling units per acre with an SF-7 zoning classification. Based on . these assumptions, this development will generate 34 elementary, 14 middle school, and 15 high School students. Considering func{ional capacity and planned middle school constructioTa, middle and high school students may be served while additional elementary facilities will be reqdir~d."It is important to consider the rate at which this development will bu'dd out, which will dkectly impact the rate at which students will be added and accommodated by the district, ' If ~ot,' how many'additlon'~l employees and what type of facilities and material's. The state mandates a maximum student to teacher ratio of 22 to 1 for elementary classes. Considering this ratio, an additional 2 classrooms and an additional 2 teachers will be required. Classroom capacity may be provided through any one or a combination'of the following: a. ~emporary olassroom~/portables, 19. b.' student population t~an~fe[s:O~: absorpti&iBrs,~dents at o~'b'er campuses, or '~ ~ ...... -.. c. new elementary school construction. 3. Estimated additional funding needed strictly based on proposed annexation and 'de'vel°pmen't' "i..'.'~.~ '.i~' ..':, · :i ..i~ ~i'-"i i..~".~ ' .'i": / '." '. - The average cost of educating one child in the D.LS.DI is $3'78'1 per yearI ' exclusive of state or federal assistance. This cost includes the district's existing bond indebtedness. Will projected school taxes from this development Provide that additioaal funding? The district is subject to a statutory limit of its ad-valorem tax rate. A combination ofresidantial and non-residential development that yields funds equaling $3,781 per year (1999 value) will provide the necessmy funding for one student. 5. Please c,omment on the cumulative impact ofannexatio,nand development. Annexation has relatiVely limited impact'on the D.I.S.D. The development site is located witlg.'n the district boundarieS, regardless of annexation. 6.' Atwhat PoPulation lev'el'would Other's6h0ol facilities be required fei' the City Of' ' Denton? Specifications for new elementary, middle, and high school facilities have been developed to serve student enrollments of 681, i,000, and 2,000 respectively. 7. Is th6re an accePtable emPloyee to population ratio that can be used for-' · · planning p.u.rposes? D.I.S.D. policy and state regulations have established the following student to teacher ratios that may be used for planning purposes: "~':. Ei,e~entary:'22StUdents/T~cher~ ,~. ' . Middle: ." 28 Students/Teacher. .' High: 28 Students/Teacher Todd Patton Person to Contact with Questions October 27, 1999 20. The un~era£~ne~ toes hereby P~tition£or'annexation"o£23.886 · . . . acre8 lobate~l at ~U ~n~n~ oF"Silver'-Dome'& C6Oper creek.tn the.extrate[ritoriat ~urie~tetion off the' City'.o£..'Denton,-.Texas. 'T~e':Property ts ~o'r~ Pa~ticularly'described in the attache~ survey tescription an~ sho~n on the attache~ ~p. T~e'un~ereilned atao certifies that the ~ollo~lns requiret tnffo~tion eoncern~ the l~n~ ~l its inhabitants ~e reasonably accurate an~ aaa~a responsibility ~or eoapletion o~ aatt in~o~tion prior to a~heaulet action on the request by the C~ty ~ Denton. · la petition beir~ initiate~ by o~ner(e) or majority o~ register'e~ voters in area o~ request? Yes XX ~o l~ no, vhat ts the status of the applicant? ~ow umn~ dwetltn~ units are located within the area requeetet ~or annexation? ' ~ · How m any businesses 4r nonresidential last uses.ar~?'[ocatei within the area o£ the request? ~ Please 'provide a general description of these t~n~'ueea tnoludin~ the ~s~e_.(a) o~ businesses, tf known e Does area o~ request include au~ {erritory within the city limits or ~xtra- territorial lurtsdtction of another city?. Yea . No XX ~stiumte~ population of the area o~ request. 9 Adults Children . _ Number o~ resietere~ voters? - At tbs tl~e of this petition, have an~ other annexation procedures t~ltiatei ~or. all .or ar~ part off the area ' Yea No Y~ ant~heir status. boen requested in thie petition? yes, please explain the.procedures begun o Does a rater supply aistriet lie within the boun~arie~ of the area proposal for annexation? Yes No XX ~hat zoning, t~ an~, other thnn a~ricutturat (A), ts bein~ requeetea under separate pettt£on? SF-7 Kow emc~ of territory propose~ for snnex~tion ia inoTu~e~ in zont~ Petition~ A~. .- 2.1.. ~0. PZenne~ len~ uae (~.~ zon~n~ .~. be~n~ requeeteA): lt. '~eve pettttonerCe) ' "' : '" ' ' "' · . famtttar~ze~ thea~seivee w~th the °~ft~tal e~nexetton policy,' lant uee poltctee, ant the 8tanierd ~untetpal 8ervice Plan Of thee_'-.- C~t¥ o~ l)entou? Yes XX No N~,e of Ovner(a) E/dfa~d.~F. Wolskt · Sign~tureCa) ~ ~ AA6reee(ea) 2436 I~35E. South, ire ~200 ~ . ~ I. . . .' :' D~n, T~ 7~05 -. / , ge~o~e~ . ...... / I . .. ~ '~) ~nne/aacksOn', ]nc.-'l' ~ ' ~te~oAe .( ~14 ~ A(~ese(ea) - ' '~t~ 600 LB 149 Telephone " PLelt Notee an6 Loc&itoh Hap for area propoae~ for annexetton met be eu%~ttte6alon~vtth eomplete~ pet£t~on ~efore process Begins. 0862~ - ~ A~'TACH~ENT 17 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.89 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED AT THE SOUTHWEST CORNER OF SILVER DOME AND COOPER CREEK IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-96) WHEREAS, Wynne/Jackson, Inc., on behalf of Dr. Edward F. W01ski, has petitioned for the annexation of 23.89 acres of land described herein; and WHEREAS, on December 15, 1999 the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on November 2, 1999, and November 16, 1999, (both days being on or after the 40th day but before the 20th day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on December 7, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on December 19, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION 2.. That the service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 3. Should~any part of this ordinance be held illegal for any reason, the holding ~hall not affect the remaining portion of thi~ ordinance and thc Cit~ Council hereby fleelare~ it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to 23. the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town 'or village, or is not within the City of Denton's jurisdicti°n to annex, the same is hereby excluded from the ten/tory annexed as fully as if the excluded 'area were expressly described in this ordinance. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 24. Page 2 of 2 EXHIBIT A -. 25. w~ u,~ v. ~ s~. ~a W~'z VOL. 876, P~. 64~, O.R. EXHIBIT B ANNEXATION SERVICE pLAN CASE NUMBER: AREA: LOCATION: A-96 (Silver Dome at Cooper Creek) approximately 24 acres Southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Police service, including patrolling, response to calls, and other routine functions, will be provided to the property Within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Ce Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Water/Wastewater Facilities 1. Maintenance of water and wastewater facilities 'in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment: E. Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. .4 -96 ,lnne. vution &'trice PAra.doc 27. ANNEXATION SERVICE PLAN (A-9 SilverDome at Cooper'Cr6ek- G. Electric Facilities He 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Library services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Code Enforcement, BUilding InspectiOns and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of Providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. .4.96 Annextninn Service Phvt.doe AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM]ACM: February 1, 2000 Planning & Developme~/ Dave Hill, 349-8314 -~ SUBJECT Consider the following request for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: a. Ryan Road, west of Teasley - 22.98 acres, zoned SF-7. (Affected by Ordinance 99-473) This request has been continued from the January 18t~ City Council meeting date to a tie vote, 3-3. (Attachment 1) b. Ace Business Park, Meadow Street, between Inman and Doughtery, zoned Commercial. (Affected by Ordinance 99-474) This request was denied by City Council on January 11t~, 4-2. (Attachment 2) c. Payne Storage Lockers, 520 Forth Worth Drive, zoned Commercial. (Affected by Ordinance 99-474) This request has not been previously reviewed by City Council. (Attachment 3) d. Aston Dallas Residential, L.L.C, Teasly Lane south of Robinson Road - 58.351 acres, zoned SF-10. (Affected by Ordinance 99-473) This request has not been previously reviewed by City Council. (Attachment 4) BACKGROUND Ordinances 99-473 and 99-474 (Exhibits A and B) were adopted by City Council on December 14th, 1999. These ordinances specify certain types of residential, general retail, and commercial development applications that are subject to moratoria intended to temporarily postpone application review and processing until interim standards are adopted. Ordinances 99-973 (Section 5) and 99-474 (Section 3) also contain provisions that allow applicants to request moratorium relief, and contains the following evaluation criteria to be used by Council: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards contained in the proposed interim development regulations; (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 usc on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; (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. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request of relief, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the request for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lifted. As per current schedules, City Council is expected to consider adoption of interim residential development standards and retail / commercial development standards on February 1st and February 15th, 2000 respectively. PRIOR ACTION/REVIEW Six petitions were reviewed on January 4th, 2000. The petitions requesting moratoria relief heard by Council included: ao Kwik Industries - approved Children's Lighthouse Learning Center - approved Denton Independent School District projects - exempt under Ord. # 2000-071 (1, 2, & 3) Denton Cancer Center - approved Shadow Brook Place - approved Meztler's Addition - approved Five petitions were reviewed on January 1 lt~, 2000. The petitions requesting moratoria relief heard by Council included: Business Park on Teasley - approved Lakeview Ranch - approved Center Place - not approved Silver Dome and Cooper Creek - not approved Ace Business Park - not approved Four petitions were reviewed on January 18th, 2000. The petitions requesting moratoria relief heard by Council included: Ryan Road, west of Teasley - continued PD-1 - not approved Rudy's Bar-B-Q - approved Robson Ranch - approved FISCAL INFORMATION The petitions are being processed and brought to City Council using existing staff resources. Several petitions claim financial harm, an issue that may be evaluated by City Council. ATTACHMENTS 1. Ryan Road staff report 2. Ace Business Park staff report 3. Payne Storage Lockers staffreport 4. Aston Dallas Residential, L.L.C staff report / Respegtfully submitted: ~ / Assistant City Manager, Development Services WAIVER REQUEST STAFF REPORT ISubject: Ryan Road west of Teasley, Brisco Clark Co. ATTACHMENT 1 Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Submit a preliminary plat. South of Ryan Road approximately 1,320 feet west of Teasley Lane. (see Enclosure 1) SF-7(c) (see Enclosure I & 2) 23.0_ The property is not platted. The Comprehensive Plan identifies this property to be within Neighborhood Centers. This area is intended to have Iow to moderate density residential development and appropriate non-residential neighborhood services. Staff finds the use consistent with the intent of the Comprehensive Plan. The subject property was rezoned from Agricultural (A) to SF-7(c) on September 21, 1999. (see Enclosure 1 & 2). Condition No. 2 of the rezoning requires a landscape plan and tree preservation plan be submitted for review and approval. Although the landscape and tree preservation plans are not effected by the moratorium, information found in both the preliminary and final plat documents would be utilized to analyze the plans. The moratorium prohibits staff from accepting and reviewing that information. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would not be affected by the residential interim regulations. Section A3b (exemptions) of the draft regulations exempts projects zoned after April 7, 1998. CONCLUSION: If the moratorium relief request is granted the applicant will be able to submit a preliminary plat application and proceed to prior to proceeding to P&Z for platting approval. If the moratorium relief request is not granted the application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. September 21,199 City Council staff report for Z-99-062 (Briscoe Clark Co.) 2. Ordinance No. 99-351 3. Waiver Request e AGENDA DATE: DEPARTMENT: ACM: ENCLOSURE 1 AGENDA INFORMATION SHEET September 21, 1999 Planning Depatiment ~// David Hill, 349-8314 Agenda No. Agenda Item Date q- SUBJECT - Z-99-062: (Briscoe Clark Co.) Hold a public hearing and consider rezoning 23.0 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district. The subject property is located on the south side of Ryan Road approximately 1,320 feet west of Teasley Lane (F.M. 2181) and immediately west of the Hickory Creek Heights subdivision. The proposal is to develop a single-family subdivision with a minimum lot size of 7,000 square feet. The Planning and Zoning Commission recommends approval (5-0). (Z-99-062) BACKGROUND The subject property is located in a portion of south Denton that has witnessed a significant amount of residential development during the past two years. There are several existing residential developments along this portion of Ryan Road (see Attachment 1 - Enclosure 1). The subject property is on the west side of the Hickory Creek Heights subdivision and on the east side of the Good Samaritan Lake Forrest Village retirement community. Both of these properties are zoned planned developments (see Attachment 1 - Enclosure 2). Hickory Creeks Heights Addition is in Planned Development 93 (PD 93) zoning district in an area that permits single-family uses with minimum lot sizes of 6,000 square feet. The retirement community is in Planned Development 22 (PD 22) zoning district. This is a master planned development that is designed to provide for a mix of housing types for the elderly. Other residential developments along Ryan Road are close to the subject tract (see Attachment 1 - Enclosure 1). Across Ryan Road from the subject property is the Denton West Manufactured Home Park (MHP). The small rectangular tract located to the northeast of the subject property is presently used for storage for the MHP. The subject property was annexed and zoned Agricultural (A) on April 8, 1986. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and all of the 1998 Denton Plan (DP) Policies (see Attachment 1 - Comprehensive Plan Analysis section). Thirty-two (32) prOperty owners were notified of the zoning request (see Attachment 1 - Enclosure 5). Eleven (11) responses have been received; one (1) is in favor, two (2) are neutral and eight (8) are opposed the request. All responses are from property owners in the Hickory Creek Heights subdivision. A neighborhood meeting was held on August 24, 1999 at which seventeen residents attended. The most significant concerns raised by the residents were about minimum lot size, traffic, 5. drainage and for those property owners who lived along the westem boundary of the subject property, diminished views from their backyards. PRIOR ACTION/REVIEW The following is a chronology ofZ-99-062 (Briscoe Clark Co): Application Date - DRC Date(s) - P&Z Date - August 3, 1999 July 15, 1999 August 25, 1999 ESTIMATED--~PROJECT SCHEDULE This property must be platted before any development can occur. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) of this zoning request. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, August 25, 1999, Z-99-062. 2. Planning and Zoning Commission minutes from August 25, 1999. 3. Property Owner Responses (10). 4. Draft Ordinance. Mark Donaldson Assistant Director of Planning and Development · ~ ' ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF'REPORT Agenda No. Date_ Sub|ect: Briscoe Clark Co., Ltd. Staff: Wayne Reed, Planner II Case Number: Z-99-062 Agenda Date: August 25, 1999 ' Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 23.0 acres from a Agricultural (A) zoning distdct to a Single-family 7 (SF-7) zoning district. The intention is to develop a single-family subdivision. Location: Size: LOCATION MAP on the south side of Ryan Road approximately 1,320 feet west of Teasley Lane (F.M. 2181) and immediately west of the Hickory Creek Heights subdivision 23.0 acres Filename Applicant: Robie Clark Briscoe Clark Co., Ltd. 8300 Douglas Avenue, Suite 800 Dallas, TX 75225 Owner: Addison Wilson, III 5500 Preston Road, Suite 330 Dallas, TX 75205 The subject property is located in a portion of south Denton that has witnessed a significant amount of residential development during the past two years. The applicant is requesting a Single-family 7 (SF-7) zoning district to maintain the character of the surrounding area. A predesign meeting was held on July 15, 1999, between the applicant and the Development Review Committee staff to discuss the proposed development. The submitted plan was for a seventy-four (74) lot subdivision on the twenty-three (23) acre site. The subdivision design was constrained by the existing drainage that flows across this property from east-to-west in a natural stream. This will limit any development on this tract of land. The proposed subdivision of seventy-four (74) lots equates to roughly three (3.2) units per acre. There are several existing residential developments on this portion of Ryan Road. This undeveloped tract is located between the Hickory Creek Heights subdivision to the east and the Good Samaritan Lake Forrest Village retirement community to the west. Both of these properties are zoned planned developments (see Enclosure 2). Hickory Creeks Heights Addition is in Planned DevelOpment 93 (PD 93) zoning district in an area that permits single-family uses with minimum lot sizes of 6,000 square feet. The retirement community is in Planned Development 22 (PD 22) zoning district. This is a master planned development that is designed to provide for a mix of housing types for the elderly. Other residential developments along Ryan Road are close to the subject tract. Across Ryan Road from the subject property is the Denton West Manufactured Home Park. The Oaks of Montecito subdivision is west of the subject tract. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about ¼ mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP (see Enclosure 7). ~lename 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 development to be consistent with the policies of the 1998 DP (see Enclosure 8). The draft Land Use Plan identifies this property .to be within an "Neighborhood Center" area. The adopted Growth Management Strategy states that these areas are to be developed in an inwardly odented 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 zoning is consistent with the intent of "Neighborhood Center" areas. Transportation A. Trip generation The proposed development would g~nerate approximately 707 trips per day if built out with seventy-four (74) homes (3.2 lots per acre is an estimated number of lots based upon the predesign meeting). This is thirty-two percent (32%) less than allowed trip generation. Table 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Buildout Total Trip Generation Per Generation Single-Family (Detached) 9.55 trips/day 74 homes (3,2/ac) 707 Allowed Trip Generation 23.00 acres 60 trips/acre 1380 Difference 49% below allowed trips - 673 * Calculations provided by the Institute of Transportation Engineers, 1991. B. Access The proposed development would have one (1) access point onto Ryan Road. No single-family residential lot would be_Dermitted direct access onto Ryan_Road as it is classified as a secondary major arterial by the 1998 Mobility Plan. Intemal streets would have to be constructed to provide internal circulation for the subdivision. C. Pedestrian Linkages Sidewalks along all public streets are required. Utilities There are existing water and sewer lines along Ryan Road that will service the development (see Enclosure 3). Filename 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 th'e property or stored on' the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. Each single-family lot shall provide two off-street parking spaces. 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), and buffering and screening between residential and nonresidential uses. Open Space and Recreational Areas 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 land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the issuance of building permits. April 8, 1986 - The subject property was annexed and placed in an Agricultural (A) zoning district and land use classification by Ordinance 86-76 (see Enclosure 2). The subject property is not platted and would need to be platted prior to any development. I Notice of the zoning request was published in the Denton Record-Chronicle on August 15, 1999. Thirty-two (32) property owners within two hundred feet were mailed legal notices and seventy-seven (77) 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. It is opposed to the request (see Enclosure 6). A neighborhood meeting is scheduled for August 24, 1999, at the South Denton Library. Staff will Rlename _:.. 10. facilitate th!~ meeting and will provide the Planning and Zoning Commission a report on the issues, concerns and comments expressed by residents. Staff recommends approval of Z.99_062. The property is located along a secondary major artedai and is compatible With surrounding land uses. It is consistent with the policies and tdp intensity standards of the 1988 Denton Development Plan, the 1998 Denton Plan Policies, the 1999 Growth management Plan and Strategy, and the draft Land Use Plan. I move to recommend approval of Z-99-062 finding that: 1. It is consistent with the 1988 Denton Development Plan; 2. It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; 3. It provides for compatible land uses; 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. Denton Mobility Plan Map. 5, 200'-500' Notification Map, 6. Property Owner Response (1). 7. 1988 Denton Development Plan (DDP) Policies. 8. 1998 Denton Plan (DP) Policies (2 pages). 9. Draft Ordinance. Filename , 11. Z-99-062 ENCLOSURE 1' (BRISCOE CLARK CO., LTD.) NORTH GOOD SAMARITAN LAKE FORREST VILLAGE VICINITY MAP Agenda Date: August 25, 1999 -2-. 12. Scale: None Z-99-062 ENCLOSURE 2 (BRISCOE CLARK CO,, LTD.) NORTH ZONING. MAP- Agenda Date: August25, 1999 Scale: None Z-99-062 ENCLOSURE 3 ,.~ (BRISCOE CLARK CO., LTD.) NORTH EXISTING UTILITIES MAP Hydrants Water Line ON. L.) Sewer Line (S. L.) Agenda Date: August 25, 1999 Scale: None 14. Z-99-062 ENCLOSURE 4' ~ (BRISCOE CLARK CO,, LTD.) NORTH DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials ,,'.',,,,' Secondary Major Arterials ;,..' ';../" Collectors Agenda Date: August25, 1999 Scale: None 15. Z-99-062 ENCLOSURE 5 i (BRISCOE CLARK CO., LTD.) NORTH LIMITS OF 200 FOOT NOTIFICATION LIMITS OF 200'-500'-FOOT .NOTICE MAP Agenda Date: August25,1999 Scale: None F:\sharcd~dcpt\LGL\Our DocumcnLs\Ord~anccs~99~' ~q62 Ordinance.doc ENCLOSURE 2 ORDINANCE NO. qq ',~,_~-/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A SINGLE-FAMILY 7 (SF-7) ZONlNG DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 22.982 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF RYAN ROAD APPROXIMATELY 1,320 FEET WEST OF TEASLEY LANE (F.M. 2181) AND IMMEDIATELY WEST OF THE HICKORY CREEK HEIGHTS SUBDIVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-062). WHEREAS, Robie Clark, on behalf of Addison Wilson III, has applied for a change ill zoning for 22.982 acres of land from an Agricultural (A) zoning district classification and use designation to a Single-family 7 (SF-7) zoning district classification and use designation; and WHEREAS, on August 25, 1999, the Plalming and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 22.982 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to a Single- family 7 (SF-7) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. The gross density shall not exceed 3.2 residential lots per acre. A landscape and tree preservation plan which preserves the maximum number of trees consistent with the development of the property. This plan will be attached to and made a part of this ordinance after it is approved by the City Council. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 17. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the~'5 day of ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 18. -- Page 2 EXHIBIT A Z-99-062 (BRISCOE CLARK: CO., LTD.) 22.982 acres I ton rod f~r c°rner'l" ' · " · :: ~ ~th O* 01'.0~' h~t a dist~ of 4~.{0 ~t~.~ Irm ¥~,foi'~rt ~ ~r~ 89' 57' .3~' East · dlst~ of ~.~ fMt, ~ Ir~ r~ for comefl~ ' " TIflNCI S~Jth'0' 01' 02" East a dlst&no of 6~5.'72 fe4t~ ~ Iron rod for 'i THIXCE ~t.e dlatlm)4 of 1029.:36 fe4t, I~ Iron rod for ~mr i.:. fen~ ~.t~ ~st ~1~ of e~ld 117,5 I~ trier K oF e.ld'Plck~tt Su~y~./.. · ,~ ~'~ ' · .' ' . ~N~ ~rth O*07'~&"~t~lth s~id ~e~ I1~, al~g a~near · f~, a dllt~ · . !i~,5G f~t tO ~ POI~ OF BEOI~IHI, ~d ~talnllg I~l.~flsqua~ f~'t'or ~Z.9~ ac~S of Inndt ssot~ or Iaaa. " 19:29 9727195898 '; 'AND DEVELOP ENCLOSURE 3 Luml Det,elopmeut, fnc. January 10, 2000 Honorable Mayor and City Council City of Denton 215 Past McKtnney Denton, Texas 76201 RE: 22.982 Acm Tract, Ryan Road west of Tea~ley Lane De~ Sirs: referenced tract ha~ been recently zoned from "A" to "St;-']" by ordinance number 99-351 approved on September 21, 1999. Sienna Development currently has thiS tract under contract aud requests relief from the currant moratorium so that a preliminary plat can be submitted and considered for approval. Your r~view of this ~mqu~t is greatly appreciated and will await your response. Sine. ely, Kenny Hafner Pmsident 20. 200 . Z~vi{~ Texas 75038,0ff~e 972-719-9099 * E~ 972-YI9-9098 ,*Mo~/e 214-202-7818 ATTACHMENT 2 WAIVER REQUEST STAFF REPORT Subject: Ace Business Park Staff: Larry Reichhart Case Number: PP-99-119 & FP-99-140 BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Continue to process a preliminary and final plat. 1425 Meadows Street (see Enclosure 1) Commercial (see Enclosure 2) 0.49 acres The property is not platted. The Comprehensive Plan identifies this property to be within the "Downtown University Core District. This area is intended to have a mix of educational, residential, retail, office, service, government, cultural and entertainment development. The applicant is proposing to construct a storage building on the site to facilitate his air conditioning business. Staff finds the use consistent with the intent of the Comprehensive Plan. A preliminary plat application (PP-99-119) was submitted on 8-25-99 and a final plat application (FP-99-140) was submitted on 11-3-99. The preliminary plat was reviewed at DRC on 9-2-99 and the final plat was reviewed on 11- 11-99. The applicant has requested four (4) variances from the subdivision regulations, including, sidewalks, perimeter paving, water main extension and fire hydrants. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would not be affected by the non-residential interim regulations. Section 2b(3) (applicability) of the draft regulations refer to development on undeveloped land; the subject property is currently developed and therefor not affected by the interim regulations. This provision may be revised prior to ordinance adoption. 21. CONCLUSION: If the moratorium relief request is granted the applicant will be able to continue the review process by returning to DRC for final review prior to proceeding to P&Z and City Council for a determination regarding the variance request and then to P&Z for platting approval. If the moratorium relief request is not granted the application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request 22° Ace Air Conditioning ENCLOSURE 2 NORTH ZONING MAP Scale: None 24. 01/18/00 TUE 16:44 FAX 9403497707 ENCLOSURE 3 ?~i~'~ ~i'-- .... ~"'~ ' Ace Air Co?itioning '?~ ~',M::~.? "~ & Heating ~...:?~~] 8967 C~pple Cr~ ~;~;' .,~:.,;~':',' ~]~'~' ' ---'~ S~g~ TX 76266 Phone: (940)382-2t03 Fax: (940)458-4826 CON PLANNING ~00! January 17, 2000 Mayor Jack Miler & City Council Members 215 E. Mckinney Denton TX 76201 Dear Mayor Miller: Aw Business Park would like you to exclude its plat application from the current commercial moratorium issued by the City of Demon. Since we have been working with the city since our first permit application (#70592) on February 4, 1999, we should be allowed this privilege. We also would like to request that the Denton Review Committee contact the City of Denton Attorneys office in regards to disputes over unknown ownership o£ property bordering Ace's property. I would also tlge to be informed as to when the meeting will be held regarding this ma~ter. I would like to be present at the next vote. Please call me at 382-2103. Thank you for your cooperation in this matter. Troy Heimdal Owner 25. ATTACHMENT 3 WAIVER REQUEST STAFF REPORT Subject: Payne Tire Company Staff: Larry Reichhart Case Number: PP-99-030 & PP-99-137 BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Continue to process a preliminary plat. 520 Ft Worth Dr. (see Enclosure 1) Commercial and SF-7(see Enclosure 2) 3.45 acres commercial & 9.46 acres SF-7 The property is not platted. The Comprehensive Plan identifies this property to be within the "Downtown University Core District. This area is intended to have a mix of educational, residential, retail, office, service, government, cultural and entertainment development. The applicant is proposing to construct storage lockers (mini-storage) and other site improvements on the commercially zoned property (see Enclosure 3). Staff finds the use consistent with the intent of the Comprehensive Plan. Additional Information: A preliminary plat application (PP-99-119) was submitted on 3-10-99 and reviewed at DRC on 3-25-99, 4-1-99 and 7-1-99. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would not be affected by the non-residential interim regulations. Section 2b(3) (applicability) of the draft regulations refer to development on undeveloped land; the subject property is currently developed and therefor not affected by the interim regulations. This provision may be revised prior to ordinance adoption. CONCLUSION: If the moratorium relief request is granted the applicant will be able to continue the review process by returning to DRC prior to proceeding to P&Z platting approval. If the moratorium relief request is not granted the application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: '1. Location Map 2. Zoning Map 3. Waiver Request 2,6. Payne Tire Company ENCLOSURE 1 NORTH LOCATION MAP Scale: 27. Payne Tire Company ENCLOSURE 2 NORTH ZONING MAP Scale: 28. 01/19/00 WED 16:08 FAX 9403497707 ANNING ~]001 "JanZig-O0 i4:~2 ENCLOSURE 3 P.O1 Bilr C. Pa'/ne A~dy C. la~¥ne, Jason C. Payne 01 -1~-00 Denton City Council Denton, Texas 769.01 Attention Dave Hill: Dear Sirs, This is my re~est to gain a wave: for my mtoraqe locker to finish out our paxki~q area and ins%all new p~eling on the North $~de of the building. Parking ks a must for the safet~ a~,i convience of our customer~, Thi~ z~ew ¢onstr~ction will g~eatly improve Lhe aDpear&nce of th~s area along Fi. WorLh drive. T believe you~ office has all that was re~u{~ed ~n regards to code and you now have our ~idewalk pla~s. We are needing thi~ permit promptly ~ue to ~inanc~% a~d const:~ct, ioa bids that ~re in danger of expiring. Please make me aware of any o~her ~Dforma~ion you m~y need. Thn~king you axtd tD~o Council in advance. Bill Payne Payne Ti, re Company es:enclousure(~i~e Dian) ~age ! SAL~S · EXEC. UTIVEOFFtCES ',, 520FT. WORTHDRIVE .. OENTON. TEXAS76201 ~, 817/$B22619 ,,, 29. 01/19/00 WBD 16:08 FAX 9403497707 ~]~a n 3i ~ - oo i4:34 CITY OF DENTON PLANNING ~002 P_O1 30. ATTACHMENT 4 WAIVER REQUEST STAFF REPORT rSub|ect: Aston Dallas Residential, Paramount Land Development Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Submit a preliminary plat. West of Teasley Lane approximately 1,000 feet south of Robinson Road (see Enclosure 1) SF-10 (see Enclosure 1) 58.351 The property is not platted. The Comprehensive Plan identifies this property to be within Neighborhood Centers. This area is intended to have Iow to moderate density residential development and appropriate non-residential neighborhood services. Staff finds the use consistent with the intent of the Comprehensive Plan. The subject property was rezoned from Agricultural (A) to SF-1 on November 3, 1998 (see Enclosure 1) POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would not be affected by the residential interim regulations. Section A3b (exemptions) of the draft regulations exempts projects zoned after April 7, 1998. CONCLUSION: If the moratorium relief request is granted the applicant will be able to submit a preliminary plat application and proceed to prior to proceeding to P&Z for platting approval. If the moratorium relief request is not granted the application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. November 3, 1998 City Council staff report for Z-98-048 (Freeman Tract) 2. Ordinance No. 98-367 3. Waiver Request 31. ENCLOSURE 1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: ,November 3, 1998 Planning Department Rick Svehla, 349-7715~ SUBJECT - Z-98-048 (Freeman) Hold a public hearing and consider rezoning 58.351 acres from an Agriculture (A) zoning district to a Single Family residential (SF-10) zoning district. This property is legally described as part of tract 6, Abstract No. 1018 of the Eli Pickett Survey and is located on the west side of F.M. 2181 (Teasley Lane), approximately 1,000' south of Robinson Road, between Ryan Rd. and Hickory Creek Rd., in the City of Denton, Denton County, TX. The proposal is to develop a single-family subdivision. BACKGROUND · The subject property has been zoned Agricultural (A) since it was annexed into the city with Ordinance 86-76 in 1986. The most recent zoning case in this area of town is the Z-97-034, the Weatherford Addition located southwest of the subject property. This changed the zoning from Agriculture (A) to Single Family Residential (SF-7[c]) and allows single family residential lots of 7,000 square feet buffered on two sides by single family residential lots of 10,000 square feet which in turn are required to have a ten foot landscape buffer. PD-93, to the north of the subject property, allows single family residential lots of 6,000 square feet with multi family and some retail. There was a request to rezone this tract to SF-7 recently, which failed at City Council. The applicants have reconsidered their request and resubmitted the current request. The difference in the traffic impact is 1,751 trips per day (SF-10) vs. 2,334 (SF-7) trips per day, more than a 25 percent decrease in projected traffic. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommended approval (5-0) of this zoning request on October 14, 1998, as recommended by staff. RECOMMENDATION That the City Council approve Z-98-048, as it is consistent with both the Denton Development Plan and the Denton Plan Policies. 32. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. FISCAL INFORMATION None ATTACHMENTS 1. Planning and Zoning Commission Report August 26, 1998, Z-98-035. 2. Planning and Zoning Commission minutes from August 26, 1998. 3. Draft Ordinance. 4. Photographs. 5. Development Contribution to Traffic Mitigation Map 6. 'Access to 1-35E from Tealsey Lane Corridor' Map Prepared by: Trina McEkeath Planner II Director of Planning and Development 33. ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sub|ect: Freeman Case Number: Z-98-048 Staff: Trina McEIreath, Planner Ac]enda Date: October 14, 1998 Hold a public hearing and consider making a recommendation to the City Council concerning the proposed zoning change of 58.351 acres from an Agriculture (A) zoning district to a Single Family Residential (SF-10) zoning district. The intention is to develop a single family subdivision. Location Map P mtd Z Report Z*9,%O4&doc 34. Applicant; Intermendeco 1401 Burnham Drive Piano, TX 75093 Owner: Joe and Teresa Freeman 4424 Glen Oaks Drive Flower Mound, TX 75028 Location: Located on the west side of F.M. 2181 (Teasley Lane), approximately 1,000' south of Robinson Rd., between Ryan Rd. and Hickory Creek Rd. Size: 58.351 acres. I Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning boundary or district. Once heard and approved by the Planning and Zoning Commission, a public hearing shall be held by City Council before any proposed amendment, supplement, or change to a zoning boundary or district is adopted. If the Commission recommended denial of the zoning change, a request can be considered by City Council if the applicant submits an appeal in writing requesting that City Council review the Commission recommendation In case of a written protest against such change signed by the owners of twenty (20) percent or more of either the area of the lots or land included in such proposed change or the lots or land immediately adjoining the proposed change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council. Furthermore, a favorable vote of three-fourths of all members of City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement or change be denied. 35. I i~COMEREHE SI~E , N E~:SIS ~. ~ ~ , ~ .... 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within Iow intensity area. These areas emphasize Iow density residential land use developments: They are intended to protect Iow density residential areas on the fringe of major activity centers. Development within these Iow intensity areas is limited to 60 trips per day per acre in order to balance development with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. DDP Policies Analysis Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy Significantly Somewhat Consistent POLICY COMMENTS Inconsistent Inconsistent In.tent. ,Thes,e areas rep,r,e,s, en,,t gr.[mary hOUSing areas w~[nln [ne (J~ty. x ~,nte..n.sity. T,o be. consis,te.nt wjt.h ne. ~lan, a, ~eve,!opm, en.t.s.noul9 not exceeo its aliocatee intensity, x Site Plan Control. Strict p r. ,o. p.e rbJ _d_e~v01 o p m.e n t c.o. ntr .ol w, ~tm .n. 1 ,t~u.u.me..t O.T existing ~ow Straight zoning does not oenslty res~oent~al areas, require a site plan. x Traffic Desitin. Access should .be p,,rovided t'o eqs, ure..t ,hat multi- l'am~y or non~res~q,en~.~ai uses nave access to collectors or larger a~erials, with.n,o d, jr ,ect access through resl(]entlal streets, x Open Space...Suff, ic. ie .n,t..green. s, pace,.rec.reau.onai Tac~Hue.S, apo (31versl[y or parks are provl(3eo, x lUbli.cP,articipa, t!on; Inp, ut into A neighb,orhoo,d me, eting ann~pg Dy nelg,nDorno.o,o, was conoucte(] an(] ssoc~auons an(] counc,s ~s rec.e, ived.good encouraged, participation. Land Use Diversity. Non- This proposal does not r,esid.ential a,n.d multi-family, encourage non-residential pey. elqp,rnem ~s encourageo to a or multi-family uses ,m~teo oegree, x .l~ea nuf.ac, tur. ecl' Hq,using..This rm or s~qgl.e-ra.,mjly, nou, s~ng ma, y .,co .mpa~;~qle wi,In oeveiop .m.ent. s in [ne 19..w. ~ntenslty areas suoject to conamons. NA Strip. Comm.ercial. Any fpr. m. of cpmln.uoq.s strip corn. rpe. rc~a~ ~s .stro.n[i~y aLscouragea in/or near iow intensl~y areas, x P a~td Z Report Z-93-O48, doc 36. The proposed development generally complies with the Denton Plan Policies. The traffic generated would be approximately 1,751 trips per day while the policies allow up to 3,501 trips per day fora residential development this size. Water, wastewater and electric services are all accessible. This development would be also required to contribute to parks development, as per the Park Ordinance. Transportation A. Trip generation: The traffic counts on Teasley (F.M. 2181 ) in 1997 were 7900 just north of the intersection with Robinson Road. The DDP calls for this Iow intensity area to generate no more than 60 trips per gross acre per day. This 58.351 acre tract appears to be in compliance with that standard, generating 1,751 trips per day (30 trips per gross acre per day). B. Access: Access points will be minimized on F.M. 2181 and encouraged on the collector streets. Co Road Capacity F.M. 2181 has the carrying capacity to accommodate this development, especially in light of the required construction of the collector street along the southern border of this property. Current traffic counts on F.M. 2181 are 7900 trips per day. This count was taken just north of the intersection of Robinson Rd. and F.M. 2181. D. Pedestrian Linkages Sidewalks along all public streets are required. m Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 4): Water: An 8" water line is located along F.M. 2181. Wastewater: Sewer is north of this tract at the PD-36 (Single Family) development. Fire: Additional fire hydrants may be required at time of development. This will be determined with the platting of the property. g Drainage and Topography A complete drainage plan will be developed at the time of preliminary platting. t> ~1 Z R(?.~o/'t 37. N/A 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). Lighting Environmental Quality impacts A. Noise N/A B. Soil Erosion Will be mitigated with silt screens and required landscaping. C. Other Various Impacts as Applicable The subject property has been zoned Agricultural (A) since it was annexed into the city with Ordinance 86-76 in 1986. The most recent zoning case in this area of town is the Z-97-034, the Weatherford Addition located southwest of the subject property. This changed the zoning from Agriculture (A) to Single Family Residential (SF-7[c]) and allows single family residential lots of 7,000 square feet buffered on two sides by single family residential lots of 10,000 square feet which in turn are required to have a ten foot landscape buffer. PD-93, to the north of the subject property, allows single family residential lots of 6,000 square feet with multi family and some retail. There was a request to rezone this tract to SF-7 recently, which failed at City Council. The applicants have reconsidered their request and resubmitted the current request. The difference in the traffic impact is 1,751 trips per day (SF-10) vs. 2,334 (SF-7) trips per day, more than a 25 percent decrease in projected traffic. Notice of the zoning request was published in the Denton Record-Chronicle on October 4, 1998. Eight (8) property owners were notified of the request on October 2, 1998. The applicant approached neighbors with the new proposal on an individual basis. The surrounding property owners were clear in their opposition to the proposal of SF-7, however indicated support of alternate zoning such as 6F-10 or greater. As of this writing, there has been one response in favor of the request. The 20 percent rule is not in effect. P ~d Z R6vo~7 38. recommends approval of Z-98-048. · The proposed zoning is consistent with the intensity standards of the Denton Development Plan. · The proposed zoning is compatible with other zoning in the area. I move to recommend approval Z-98-048 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Zoning Map. 2. Utility Map. 3. 200' Property Owner Notification Map. 4. Summary of the Denton Policies 39. ENCLOSUP-E 1 (FREEMAN PROPERTY) NORTH ZONING MAP 40. Sca. le: Non( ENCLOSURE 2 (FREEMAN PROPERTY) NORTH "k-'l-r~,F'l~ ~_.: H..'%~ -.. .., _ -t~.~\t~m ~o~ '."~ ~ . ,,-- - . - - ,....~,,,,~.,,,,. ..... ,. '" 8" SEWEI~ LINE1~o3~ . ~,.' ,. ..4 ]]5 _ · ir ,~! " --- 8" and ~8" WAIER~L-INI~$~ , I:~ I ,'fl-XT~'IIIIIIIIIIIII i~ ,. --- ' SEWI R LINE:- UTILITY MAP - Water Line Sewer Line 41. Z-98-048 ENCLOSURE 2 o IN CENO. 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO SINGLE FAMII.y (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 58.351 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 2181); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Warren Corwin, P.E., with Corwin Engineering, on belialf of Joe and Teresa -. Freeman, has applied for a change in zoning for 58.351 acres of land from Agriculture (A) zoning district classification and use designation to Single Family (SF-10) zoning district classification and use designation; and WHEREAS, on October 14,' 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning and WHEREAS, the City Council finds that the change in zoning will be in compliance with the,' 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classification and use designation of the 58.351 acre tract of land described in the legal description attached hereto and incorporated herein as Exhibit A, is changed from Agriculture (A) zoning district classification and use designation to Single Family (SF-10) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas. Section H. That the City's official zoning map is amended to show the change in zoning district classification. Section 1II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Section IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this th~Y~ ~/day of /~{//~ff~ff'- , 1998; 42. Z-98-048 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: -. HERBERT L. PROUTY, CITY ATTORNEY 43. All that certain tract or parcel of land situated in the.Eli Pickett Survey, Abstract No. 1018, Denton County, Texas, and being part ora tract described in a deed from J.L. Madewell to D.L. Causey, et ux on February 14, 1978,'Recorded in Volume 875, Page 576, Deed records of said County, and being more particularly described as follows: BEGINNING, at an iron pin at a fence comer on the west (R.O.W.) of F.M. 2181 and at the northeast comer of the said tract; , THENCE, South 00°04'26'' West, with the west (R.O.W.) of said F.M. road for a distance of 1072.93 feet top an iron pin fro comer; 'THENCE, South 89°41'00" West, for a distance of 2381.70 feet to a steel pin in the west line of said Pickett survey; THENCE, North 01°25~29'' East, along said west line of Pickett survey for a distance of 1073.39 feet to a steel pin; THENCE, North 89°4 I'00~ East, for a distance of 2356.40 feet to the POINT OF BEGINNING and containing 58.351 acres of land. 44. ~.;HT01'I Ig[]0[~.% ~ tf~; Fax:9?2~ ENCLOSURE 3 19 PARAMOUNT 12;21 P. 02 2000 DHqTON CITY COUNCIL C/O Development Review M~nagcr City of Denl~n G~'ttlemen: Ashtoi~ Dallas Residential, LL.C. is the owner of approximately 58-4 a~rcs o~ laud in De~ton which l~__s previously been approved for SF- 10 ~-m~g in ~ #Z-gg-O4g, Om- engineer at~mptcd today to make application for preliminary plat approval amcl wa~ re.'tod due ~o your existing mo~orium. Om, property iz currently zoned .Sir- I0, which I believe is th~ minimum residential zo~i~$ now desired by the City of Del~lon. Osw prelimirm~ plat co~forms to all guidelime$ of ~is zoning district. Thc im~ormafio~ we received from flit City of Denton ii~ our property a~ protect~ from the proposed Compre, honsive Plan chau~.s (see attached). We haw h~ve. ztcd a substantial amount of molley in the Frceumn T~t, ~ t~ c~ of a ~mpm~ive f~b0i~ a~y by o~ ~n~r. At ~ ~ d~g this p~ we~ we ~de a~ flint ~re ~d ~ any ~y ~ p~ssh~ o~ p~ for deve~pmeaL '~e ~ ime~ c~ inv~ved was ~I b~ge~d al~ mp~nm an Tha~ you for your prompt considcraii0n of this r~quest. ICo~__.~h R. Mitchell La~ Acquisition Direotor Ashton Dail~ 'RcsJ~nrial, LL.C, Pacamount !a.d Develop,~t 155~i DAIJ.~.~ PAI~WAY SUTI'E lO0 LOCE I~O.'( lot ~5. F.4~ ¢972) 991-494~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 1, 2000 Legal Department Herbert L. Prouty, City Attorney SUBJECT: An ordinance of the City of Denton, Texas, amending Ordinance No. 99-473 to extend the term of the moratorium established pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified residential development applications prior to adoption of a revised land development code; providing for a savings clause; providing for a severability clause; and providing for an effective date. BACKGROUND: The City Council adopted Ordinance No. 99-473 (the residential moratorium ordinance) on December 14, 1999. It placed a moratorium on the acceptance and processing of certain residential development application. The moratorium was to expire on February 2, 2000 or upon the approval of interim regulations. In the event interim regulations are not approved by this date it seemed prudent to have an ordinance extending the moratorium prepared. The date of February 16, 2000 was chosen for the extension since that is the date for the expiration of the commercial moratorium. PRIOR ACTION/REVIEW: Adoption of Ordinance No. 99-473 on December 14, 1999. ADDITIONAL CONSIDERATIONS AND RECOMMENDATION: Your options are to approve this ordinance, approve the ordinance with revisions, or not approve the ordinance. Respectfully submitted, Herbert L. Prouty City Attorney F:\shared\dept\LGL\Our DocUments\.Ordinan~es\00~conuner¢ial residential moratorium extension.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-473 TO EXTEND THE TERM OF THE MORATORIUM THAT WAS ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-473, a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plant to certain specified residential development; and WHEREAS, the ordinance established that the moratorium was to expire on February 2, 2000 unless extended by the City Council or upon the adoption of interim regulations; and WHEREAS, the City Council has not adopted such interim regulations by February 2, 2000; and WHEREAS, the City Council finds that the moratorium should be extended until February 16, 2000; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance to extend the moratorium; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 99-473, SECTION 6, is hereby amended to read as follows: Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of Ordinance No. 473 and expire on February 16, 20001 The City Council reserves the right to extend the moratorium if the interim regulations do not become effective on or before said date. Should the interim regulations be adopted before said date, the ordinance adopting the interim regulations will contain a clause terminating the moratorium as of the date of such adoption. SECTION 2. Saving. That the provisions of this ordinance shall govern and control over · any conflicting provisions of Ordinance No. 99-473, but all the provisions of Ordinance No. 99- 473 not in conflict with this ordinance shall continue in full force and effect. gECTION 3. geverability. 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. F:~shared\dept\LGL\Our Documents\Ordinahces\OO\commercial residential moratorium extension.doc SECTION 4. Attachment. That a copy of this ordinance shall be attached to Ordinance No. 99-473 showing the amendment herein approved. SECTION 5. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the __ day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY: AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 1, 2000 General Government Rick Svehla, Deputy City Manager Agenda NO. Agenda Item~ Date ~,//?//~ SUBJECT: Consider approval of a resolution appointing a special five (5) member Oversight Committee to monitor, evaluate, and report on the progress of the five-year Capital Improvements Program, subject to the authorization of the voters at the Bond Election on January 15, 2000; and providing an effective date. BACKGROUND: On January 15, 2000 voters approved the latest bond issue. Part of the Council and Blue Ribbon Committee support for the bond issue included forming another Bond Oversight Committee. Since 1986 that Oversight Committee has traditionally been made up of members of the Blue Ribbon Committee. More specifically, members included the chairperson and co-chairperson and co-chairs of the sub-committees. Euline Brock, Tim Charles, Dorothy Damico, Tim Crouch and Jack Swanson were the chairperson, co-chairperson and sub- committee chairs. The attached resolution has been prepared recommending these committee members. OPTIONS: N/A RECOMMENDATIONS: Staff has contacted these five members and they have agreed to serve. Staff would recommend approval. Deputy City Manager "' \\CH-LGL\VOLBSHARED~DEPT~LGL\Our DocumemsLResolufions\OO\Oversight Committee Resolution.doc RESOLUTION NO. A RESOLUTION APPOINTING A SPECIAL FIVE (5) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON JANUARY 15, 2000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has called and ordered a bond election for January 15, 2000, for the propose of submitting to the voters of the City of Denton certain capital improvements; and WHEREAS, the Blue Ribbon Committee fulfilled its Charge of making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters; and WHEREAS, the City Council is desirous of accepting such recommendation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I: That the City Council hereby appoints a special five (5) member oversight committee to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program, authorized by the voters in the special election held on January 15, 2000. The committee shall also make recommendation~ to the City Council for all projects in the miscellaneous paving improvements, traffic signals, trails/linkages, beautification, and sidewalk/bikeway funding categories. SECTION 2: The five member committee shall be made up of Eulene Brock, the Blue Ribbon Committee chairperson; Tim Charles, co-chairperson, Tim Crouch, the Transportation Subcommittee chairperson, Jack Swanson, the Parks and Recreation chairperson, and Dorothy Damico, Library Subcommittee chairperson. SECTION 3: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 1st, 2000 Planning & Developm~_.~ t~ Dave Hill, 349-8314 SUBJECT Receive a report, conduct deliberations, and determine appropriate actions to be taken, including potential initiation of rezoning, regarding two 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 comer of Teasley and Teasley. BACKGROUND The subject properties were identified during the January 11th Council work session as potentially inconsistent with the comprehensive plan. Background information regarding PD-93 and PD-16 was provided during the January 25th Council meeting. Planning & Zoning Commission staff reports indicated that specific aspects of both PD Detailed Plan applications were not consistent with either density and/or design objectives contained in the comprehensive plan. Council continued its deliberations until February 1st, allowing more time for staff analysis of potential actions that could be taken to address the observed inconsistencies. The next evening, on January 26th, 2000, the Planning & Zoning Commission reviewed the proposed PD Detailed Plan application for the multi-family portion of PD-93, and continued review of the application to February 23rd, 2000. 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 was filed on December 9th, 1999, five days before Ordinance No. 99-473 enacted a residential moratorium. The case was heard by the Planning & Zoning Commission on January 26th, 2000, and was continued to February 23rd, 2000. A 4.3-acre undeveloped portion of the PD is zoned Commercial and is inactive due to the commercial moratorium created by Ordinance 99-474 on December 14th, 1999. Single-family homes have been constructed on the remaining 16.7 acres of the PD. PD-16: An application to amend the approved Detailed Plan for 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 ~ PD-93: Rvan / Teasle¥ Multi-family portion: a. Initiate a rezoning for the 9.4-acre multi-family site. Assuming building size will not be affected, potential land use classifications could include multi-family development at a reduced density. b. Take no action at this time and complete the review process for the current Detailed Plan application, making revisions as appropriate to achieve the highest possible level of comprehensive plan consistency. c. If the interim residential standards ordinance is adopted as currently drafted, it will apply to the subject property. The Concept Plan for PD-93 was approved before April 7th, 1998, thus requiring the submittal and Council approval of a Zoning Plan and Project Plan for undeveloped portions of the property. Commercial portion: a. Initiate a rezoning for the 4.3-acre commercial site. Potential land use classifications more consistent with a Neighborhood Centers comprehensive plan designation would be Office (O), Neighborhood Services (NS), a Planned Development allowing only specific Commercial (C) land uses of compatible building size, or a residential zoning category. b. Take no action at this time. The interim nonresidential standards ordinance as currently drafted would apply to this property. The ordinance would require a Comprehensive Plan Consistency review. A similar review resulted in this matter being brought before you at this time. ~ PD-16: RNW Addition 1. Initiate a rezoning for the property assuming that building size will not be changed. Potential land use classifications more consistent with a Neighborhood Centers comprehensive plan designation would be Office (O) or Neighborhood Services (NS). Residential zoning appears to be difficult to include as an option due to the building size limitation. 2. Take no action at this time. The interim nonresidential standards ordinance as currently drafted would apply to this property. The ordinance would require a Comprehensive Plan consistently review. A similar review resulted in this matter being brought before you at this time. 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. detail. The attached staff reports provide further review FISCAL INFORMATION None ATTACHMENTS 1. PD-93 Planning & Zoning Commission Staff Report 2. PD-16 Planning & Zoning Commission Staff Report Asst. City Manager - Development Services PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Ryan Rd / Teasley Staff: Larry Reichhart, Dev. Review Manager Case Number: Z-99-096 Agenda Date: January 26, 2000 I 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 MAP Location: The property is located at the southwest corner of Teasley and Ryan Road. Size: 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 forthe 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. 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. 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 encl0surel ). 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 2nd 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 Plan,) Sec. 35-176. Detailed plan information The detailed plan shall contain the following information: (1) Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. (2) Land uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. (3) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. (4) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed use. (5) Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential~ the maximum total floor area. ~ (6) Residential development. The number, location, and dimensions of all the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density) (7) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. (8) Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. (9) Trees and landscaping. The location of all protected trees and a landscaping plan as required by the city's landscape ordinance. (10) .~- Open space. The approximate location and size of greenbeit,"~l~E'n, 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, ,pr, oposed PD Detailed Plan. staff has provided an evaluation based on minimum information requir~'~l 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 the proposed monument signage is indicated on both sides of both entries. 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). 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 otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. Environmental .Quality impacts No negative environmental impacts have been identified. 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 platted 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 notices were mailed. As of this writing, there has been Forty-one (41) responses, thirty-nine opposed (equalling over 20% opposition)and two (2) neutral to the request. (See enclosure 8) Neighborhood meetings were held on January 10th and January 19th. Issues raised at the meetings included: · Property Values decreasing due to the presence of Multi-family · Security · Increased traffic · 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 rearrange open space. 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 consideration. 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 Modility'Plan Map 8. 200' Property Owner Notification Map and responses. ENCLOSURE 2 AN O~DINANCE .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 MAP APPLIES TO APPROXIMATELY 30.3595 ACRES OF LAND SITUATED IN THE ELI' PICKETT SURVEY, ABSTRACT NO. 1018, DENTON COUNTY, TEXAS AND SITUATED' AT THE SOUTHWESTERN 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 DECLARING AN 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 Eli. 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 to Mrs. MarshaD Stuart Savage, and Rob~r~' Mark Stewart on the 24th day of. ecember, 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 117.5 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 to a corner on the west right of way of Farm to Market Road 2181; THENCE south 33°49'45" east with said ri§hi of way a distance of 85.28 feet to the beginning of a curve; THENCE southerly with s'aid right of way around a curve to the right, 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 ?84.50 feet to a right of way post at the end of said curve; THENCE south 01025'45'' east with said ri§hi of way 294.5 feet 'to a steel pin at the nor=beast corner of a 58.103 acre tract off the South .end of said 117.5 acre tract; . THENCE south '89053' 'west, a distance· of 1299.88 feet to a steel pin at the southeast corner ofsaid 28.171 acre tract; THENCE north 00007'44,, west, 1100.57 feet to. the place of beginning and containing 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, the the area designed for SF-6 use. Prior to the development of the areas designated as multifamily (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 part of this ordinance in accordance with Article Il, Appendix B-Zoning of the COde' of' Ordinances. ' Z-1702/PAGE ~. 12. SECTION III. . That the development of th~'~'~roperty shall be in substantial compliance with all comprehensive site plans approved herein or hereafter, and attached hereto and made a part herein for all purposes. SECTION IV. That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the fo!lowin§ conditions shall be met: 1. Multi-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 housinS from commercial retail activities and also to buffer single family housing from multi-family developments. The platting and building requirements of Appendix A and B of the Code of Ordinances for single 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,ps must conform to the Zoning and Land Development Regulations and.'bther 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 andfor its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human 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 {mmediately after its passage and approval, the required public hearings 'havinS heretofore been held by the Planning and Zoning Co~mission and the City Council of the City of Denton, Texas, after giving due notice PASSED AND APPROVED this the y of , 1985. ~RfKHAR~-O~ STEWAKT, ~YOR ~ ATTEST; C~OTTE ~LEN] CI ~ CITY OF DENTON, T~S " AFFKOVED AS TO LEGAL FOFJ~: DEBRAADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ~ Z-1702/PAGE 13. Z-17OZ/PAGE 14. ENCLOSURE Z-99-096 (Ryan Rd. I TeaSley Ln., PD-93) NORTH VICINITY MAP 15. Agenda Date: January 12, 2000 Scale: None ENCLOSURE 4 Z-99-096 (Ryan Rd. I Teasley Ln., PD-93) NORTH A ZONING MAP 16. Agenda Date: January 12, 2000 Scale: None ENCLOSURE 5 Z-99-096 (Ryan Rd. / Teasley Ln., PD-93) NORTH LAND USE MAP Texas Local Government Code 219.005 'A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries' 17o . 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 , ROBINSON UTILITY MAP Hydrants Water Line ON. L.) Sewer Line (S. L.) Elec. Lines 18. Agenda Date: January 12, 2000 Scale: None ENCLOSURE Z-99-096 (Ryan Rd. / TeaSley Ln., PD-93) NORTH DENTON MOBILITY PLAN Freeways Primary Major Arterials ~' ,' Secondary Major Arterials /' '..../Collectors 19. Agenda Date: January 12, 2000 Scale: None Z-99-096 ENCLOSURE 8 (Ryan Rd. @ Teasley) NORTH 500' Notification Limits ROBINSON 200'- 500' NOTICE MAP 20. Agenda Date: January 12, 2000 Scale: None Z.99-096 RYan Rd./TeasleY) - Opposition Number Street Name Comment 3009 Overlake Dr. Glenn believe that our nei~ll~prhood 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 was led to belie~,,that the area would be Doctors Offices. 3952 Overlake Dr. Young Thts 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 I 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 all 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 Wil~lwood 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 i 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.rreaSley) - Opposition do not want to see apartments on this pr,~p.erty, I think this would be detrimental to my prop~ert, y value, and would create an even mo.,m..~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. I 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. PLANNING AND ZONING COMMISSION STAFF REPORT Sub|ect: Staff: PD-16 Detailed Plan Larry Reichhart, Development Review Manager Case Number: Z-99-081 A0enda 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 Rlename Applicant: The Sheldon Development Co, Owner: Alexander Management Co, 14643 Dallas Parkway, Suite 910 4811 Bluffview Dallas, TX 75240 Dallas, TX 75209 I I Planned development zoning distdcts (PD) am intended to provide forthe development of land as an integral unit for single or mixed use in accordance with a plan that may va~ from the established regulations of other zoning districts for similar land uses. They am 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 currant 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 mom of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open spa~ for · private or public use; berms, gmenbelts, trees, shrubs or other lands~ping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the pmpedy users or communi~; (2) Protects or pmse~es topographi~l features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or pmse~es existing historical buildings, structures, features or places. · There are three (3) types of plans tha. t 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. D~fA'i.L~':i~i~:This pla~i: !~i'::.~:~fiha! ~t~p !~ th~ P~:iand~:!~':req:~'.i~ed' ~0r t° .any ~!0P'~i~i~,i'~malier tra~t~:.;~ ~h~i~efi~! d~el0~t plans at~ othe~ise:~gnown prior (~6~: ~{~aiied- '~-~,: Plan ~ ~t~'.~ta~!~i~h tbs' ~S~dct and.b~ ~.e ~dly~e~ui~ed plan i~ 't:H~'~Pl~A~i~P:~ent: ~;~ :lt ~iii ;~6bt~ih i~f~'a{i~h;.~pe~i~c ~td th~: ~it~ 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. Filename 11 /"'~'he applicant is requesting approval of an amended Detailed Plan for an 8.3 acre portion of the ?lanned Development 16 (PD-16) zoning distdct 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 1.). 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 1t) 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 $F-10 and owned by the Chumh 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, '-Xhe 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. These areas are intended to be developed primarily ~f~r s!~l~ ~ily r~sidential~evelop~ent. ~ e~g ~1~o~ oo[Is~a r~e ?se~ ~ ~!;k of. sm~ ~.o_ ~~:~ ~.~:~ :~a~ ~de:~nte~al~f~rect~cces~{~Ea;~!leBto?type ~e~~g~ Vehicular trip generation due to development within Low Intensi~ Areas is restricted to 60 trips per day per acm in order to balance land use with mad 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 inte~als, and somewhat inconsistent with the trip intensity standards of the 1988 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). IIRlename ~1 informational purposes. The land use component of the pending'comprehensive plan identifies ~L_.. 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 generation 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 pement (324%) more than the allowed trip generation 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 considerations that would warrant 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* Sq. Ft. Generation General Retail 40.67 trips/1,000 sq. ft. -- 64,163 sq. ft. 2609.51 DDP Allowed Trip 60 trips/day/acres' 8.3 -- 498 Generation Difference . 2112 * 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 traffic capacity currently allows for a tolerable traffic flow of up to 19,100 trips per day. The most recent traffic counts for Teasley indicate thatthere 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 ~,Z89 vehicle trip~ per day. This leaves an excess capacity of 14,801. Rlename m 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. 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, signs ·. The proposed detailed plan identifies four monument signs, All signs should be compatible with the overall architectural theme of the development, 5. 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. Rler~me --:: ~. Lighting Lighting on the property should be designed and maintained So as not to shine on or otherwis 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. 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 t° 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 ~Vhat 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 Coverage86,200 ft2 64,163 ft2 22,037 ft~ reduction (25%) Maximum Building Height24' 35' 9' increase Total Parking Spaces 469+ 321+ 148 less Plantable Area * 40,000 ftc*+ (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 I include: ~_~o Architecture (amount of brick, unifying elements between the proposed buildings, including site amenities and design details) Rlename Traffic (the applicant has indicated that a Traffic Impact Analysis is being conducted and should be completed prior to the P&Z hearing) Safety (How to prevent cars from traveling into the school site bus loop, pedestrian' safety, 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 grocery store, signage details, architectural details, safety 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: 1. That the amount of square footage allocated towards grocery sales be limited to a maximum of 35,000 square feet. 2. That 80% of all exteriors be brick masonry. 3. That signage be limited to a monument style with architectural details to blend with the proposed buildings. .. That the northwestern most parking lot be reduced in size to provide additional buffering to · the school site and to preserve, as many existing trees as possible. 5.' "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 I. Proposed Detailed' Plan 2. Vicinity Map 3. Zoning Map 4. Utility Map 5. 200'-500' Notification Map' 6. Neighborhood Meeting Sign-in Sheets for November 3, 1999 (6 pages) 7. List of Concerns Expressed By Citizens at Neighborhood Meeting (2 pages) 8. 1988 Denton Development Plan (DDP) Policies 9. 1998 Denton Plan (DP) Policies (2 pages) 10. Inventory of Grocery Stores 11. Existing Ordinance with existing Detailed Plan (8 pages) 12. Site Photographs -. ENCLOSURE 1 .,/ 'ENCLOSURE 2 ,~-99-081 (PD-'i6 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 Agenda Date: November 10, 1999 SCale: None ENCLOSURE 4 ~-~-99-081 (PD-16 Detailed Plan) NORTH UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: November 10, 1999 Scale: None 13. ENCLOSURE 5 ~99-081 (PD-16 Detailed Plan) NORTH 200'- 500' NOTICE MAP Agenda Date: November 10, 1999 Scale: None ENCLosUKE 6 / 15. 17. 7..8. Z ENCLOSURE 7 Z~99-081 (PD-16 Detailed Plan) Comments and concerns raised at the November 3, 'i999 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 architectural 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 btJsiness 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. ~"~'he 1988 Denton Development Plan (DDP) shows this area to be Within a Low Intensity Area. i'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 ½ 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 read capacity. Staff finds 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 Zntensity Area Development Rating vs. Policy Significantly Somewhat POLTCY COMMENTS Inconsistent Inconsistent consistent Xntent. These areas represent pdmary housing areas within the Oty wi~ small retail centers at 1/= mile Intervals. X Xntenslty. To be consistent with the Allowed Intensity = 60 trips/acre Plan, a development should not exceed its Nlocated Intensity - 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 plan control development control .within 1,600 feet of existing.low density residential areas; X Traffic Design. Access should be provided to ensure that multi-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, Meets landscape ordinance recreational fadlitles and diversity of parks are provided. X Public ParUdpaflon. Input into planning by neighborhood assodations and coundis Is encouraged. X Land Use Diversity. Non-residential and multi-family development Is encouraged to a limited degree. X Manufactured Housing. This form of Not applicable. single-family housing may be compatible 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 'strip" commerdal discouraged In/or near Iow intensity areas. X 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 POLICY %nconsistent :[~e.~ Consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan. Promotes A_~_e~ Hanagement Prances ~';-~ ~;~,'~:~, X Optimizes operations for emergency service providers and other public service providers. Promotes public transportation system. Con~butes to the Denton Trails network. .~ ~;;~*~.~_X~-~'~. ~ ~'~ Stormwater Drainage. Protects 100-year floedplaln areas In accordance with . Denton's watershed management plans. Conforms to local subdivision regulations. -~-- ~-- ~ X Contributes to regional detention fadlities. Provides for natural dpadan environment along floodplain. Upgrades existing substandard drainage systems as Infill and redevelopment occur. ' X Water and Develops and maintains property and private Wastewater. infrastructure.' ~~,,= ~; X Creates opportunity for oversizing water and wastewatar 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 Electric. Provides underground electric sen~tce for new residential and nonresidential development, ,~~ X Selid Waste, Promotes effldent access to all development for solid waste service delivery. ;~~ X Parks and Recreation. the Locates Parksperks and and Rao.eation rec~eati°n Strategic fadlities Plan.ln accordance with Enhances perks and recreation opportunities for residents. Preserves floodplain for perks 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. Residential development should dedicate land or fees in lieu of land for neighborhood parks. Environmental Quality. Promotes preservation of natural resources. ~ntegrates environmen~l proteclJon with econon~c growth and cemmunlty development. Rlename 24. Denton Plan Policy Analysis Summary Development Rating vs. Policy Not CATEGORY POLICY Inconsistent Applicable Consistent Neighborhoods. Provides access to public and community fadlities for .. residential neighborhoods. I-:ncoumges a mlxture of land u~es that benefit r~dant~. , .~ ~ .... ~ · ', Protects and preserves existing neighborhoods. X .... ,.~:'~ ......... ~' Promotes bicyde and Pede~rian traffic 1Mthin and between neighborhoods to reduce vehicular trips. ~-<~'~---,~3~ x Housing. Provides a range of housing types that appeal to differing economic and Individual life-styles. Offers a vaflety of single-family lot sizes, building sizes, '.~,-~'~,'~- Preserves existing housing, Indudlng affordable housing. Increases Infill housing opportunlMes. Economic Contributes to a strong and diversified local eCOnomy by Diver~ifle~atiOn. Increasing emplo~nent and expanding the t~x tm~e. : [~ X Government. Encourages Intergovemmental coordination to provide cost-effective public ~ervlces. X Urban Design. Addresses co'mmunlty appearance In a comprehensive manner. ~ -X Diver~fies architectural appearance, of built environment. '~'~ ~'~*~ ~' X ~eighborhood infill development ~hould be comlmtible ~ ~,~.~ v~th exl~ng land u.~.~ and buildings. X Protect~ and preserves Denton'$ architectural, cultural and histodc,I resources. Enhances the appearance along major entranceways. ~;~ X Promotes the preservation of trees and landscaping. X Public Involvement. Prol. qdes an opportunity for public opinion dudng the planning process. X Filename 25. : Store Address Size (Sq. Ft.) Classification Wal-Mart Loop 288 Large RegiOnaI Albertsons 2434 $. 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 Eood 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 26. ENCLOSURE 11 ~ ':' " ORDINANCE NO. - ~ ORDINANC~ OF~ ~HE C~TY OF D~.~ON, 'T~-X~S', m=~Z~O ~,~ DET~'L~D PLAN FOR .1'1.20.ACRES'OF .THE 'PLANNED DEVELOPMENT'DISTRICT LOCATED .AT THE SOUTHWEST. CORNER OF LIr.T~T~N MIT.T.~.R PARKWAY AND T. EASLEy LANE; PR6VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT 'OF $2,000 FOR VIOLATIONS T~IEREOF; 'AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 WHEB~AS, on January 9, 1991,'the Planning and Zoning Commission 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 ordinancebyreference,.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. : SECTION II, That any.person violating any.provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate .and distinct offense. SECTION III. That this ordinance' shall become effective fou~Leen (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. AND APPROVED this the of 1991. ATTEST: JENNIFER WALTERS, CITY SECRETARY BYAp~- DEBRA A. DRAYOVITCHv CITY ATTOR~Y W. XHIBIT 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 the c~'-~- _~f_Denton.Coun'ty. Texas and art ~=u= v~ xexas recorded in Volume ~00, Page 334 Deed Records and also part of a tract shown by deed to the City of Denton, Texas recorded in Volume 2423 Property Records and bei ~ ~ ~-~--. ..... !. P~ge 154 Real n: .... ~ ~u~rzy oescr~De~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' central angle is 4° 55' 27"; , and 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 Texa tract 62.74' to a point; THENCE south 89° 43' 04" east a distance of 422.60' for a corner; to a point to a point THENCE south' 1o 04, .i7, east a di~tance .of '290.74, in the northerly right-Of-way line.'6f.F.M. 2181; T~ENCE .'south' iO 46' 45" east and crossing F.M. 2181 a distance of'366.43' to a point for a corner; THENCE south 1o 10' 05' east a distance 'of 293.21' to the southeast corner of said First National Bank tract; THENCE south 88o 49' 55" west with the south line of said First National Bank tract 493.17' to its southwest corner; THENCE north 1o 10' 05" west a distance of 504.7' to a point for a corner; THENCE north 24° 23' 00" west'a distance of 123.63' to a point for a corner; THENCE north 1o 10' 05" west a distance of 334.0' to the Point of Beginning and containing 11.20 acres of land. 0707E/58 DETAILED PLAN Statement of Intent of Owner: Redesign ex~stin~ PD 16 which is for retail uses to include the mouthwest corner of Lillian Miller Parkway and Teasle¥ Lane and include a tract to be used for a new libkary and fire station. There is-'no increase in square footage for retail uses and the size of the retail tract has decreased By almost an acre. statement Indicating Relation to Denton Development Gu[de= Development standards are stated on the site plan and conditions. If not other- wise stated, than the appropriate standards in the Denton Development Guide orevail 3. Total Number of Acres in Proposed Dis~ric%: 11.2056 acres 4. Land Uses and Total Number of Acres in Each Parcel or Tract: a.. Single Family Detached b. Single Family Attached (townhouses, cluster, etc.) c. Attached Patio/Garden/Zero Lot Line d. Duplex e. Multi-Family f. Office g. Neighborhood Service h. General Retail Commetcia~ Ligh~ Industrial k, Heavy Industrial 1. Other (specify) Institutional Total Proposed Acreage 8,37~2 29. ' Page 2 _.-' Off-Site Information - adjacent or surrounding l~nd uses, zOning, streets, drainage facilities, and other existing or proposed improvements. (Shown on concept ot detailed plan.} 6. Tra[fic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points.. (ShOWn on concept or detailed plan.) e Pro~ected Traffic Generation. (Based on ~ra~fic study, if required.} 6,467 trips Note: The only increase is 1,295 trips attributed to the institutim; uses slnce the retail exist in PD 16. Buildings: a. Approximate location. b. Maximum height: one story, 24 feet (Shown on concept or detailed plan.) c. Minimum setbacks: (Shown on concept or detailed plan.) Per Code de Maximum gross floor area (square feet) for nonresidential: Library -.30,000 sq. ft.'; fire station 7,000 sq. ft.; retail-office use~ _ 86,200 s~. ft. '. 8® Residen%iai Subdivision.. a. Number of units per acre (density): N/A b. Number and location of lo,s: (Shown on concep~ or detailed plan.) c. Minimum size, width and depth of lots: (Shown on concept or detailed plan.) d. Minimum front, side and rear yard setbacks= (Shown on concep~ or detailed plan.) 30. Dev31opmenc Page Hater and Drainage - approximate location oE alL1 exisc~n'g oc proposed creeks, ponds, lakes~ [l~odpla[ns~ other wa~e= reCenSion ~c ma~or drainage ~acll/~Les and improvements. (Sho~n on concep~ oc de~a~led plan.} 10. Utilities --location o~ all major sewer, water oc electrical lines and ~acil£t£es. · (Shown on concept or deta£led plan.) ' ' 11. Location oe Crees 3' in diameter - six (6) ~ee~ icom ground level. (Shown on concept or derailed plan.) 12. Open Space - location and s£ze of greenbelCs, parks, common and recreaC£onal areas. (Shown on concept or detailed plan.) Per Plan 13. Screening - loca~lonv type and size oi all iences, berms or screening Eeature~. (Sho~n on concept or aeCalled plan.) Per Plan .14. Development Schedule (concept plan) - showing specific date deCal.led plan will be submitted, dace cO start construction and complete construction, and rake o~ development. All dates should indicate month and year. De~atl Plan submitted ADDITIONAh REQUII~HSNTS FOR A DETAIhED PLAN 15. &andscaping Plan - major ~eatures and types o£ landscaping Co be used. See Plan eeveZo~menc ~canoacds~ ; Page 4 ~." (: ' Signs - show locatLon, typ? and size on detailed plan; otherwise, signs must conform to ArtiCle 17 oK the Zoning Ordinance. Wtl! conform to Article 17 17. Sidewalks. (Shown.on detailed' p!an.) 18. Al1 information required for preliminary plat 'in accordance with Appendix A (Denton Development Code) of the Code of Ordinances. (A separate plat is required.) Development Schedule (detailed plan) - indicating start and completion of const=uction and the cate of development. All dates should indicate month and yea~, ab 3/87 l-o · ~.I I [ " II ! l I t11 · i o? Z-90-016 TABLE OF PERMITTED USES RETAIL SALES ESTABLISHMENT: Any establishment wherein the primary occupation iS'the'Sale 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 to 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 p~operties that are worn or carried about the person ?r 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 34. ENCLOSURE 12 Z-99-081 (PD-16 Detailed Plan) PHOTOS hoto 1. A view of the site from the northwest )rner of Teasley and Lillian Miller. Photo 2. Looking north from the site across Teasley. ~oto 3. Looking east from the site across ,asley, $. A view of the site from the South Library. - 16 Der.ileal Plan Ph,nos Photo 4, Looking west from the site at Sam Houston Elementary School. Photo 6. Looking south from the site at the South Branch Library. Item .... AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET February 1, 2000 City Manager's Office Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Kevin Kasparek has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Kristoferson. Lynn Ebersole has resigned from the Human Services Advisory Committee. This is a nomination for Council Member Kristoferson. Corina Ramos has resigned from the Parks and Recreation Board. This is a nomination for Council Member Burroughs. Nicholas Eassa has resigned from the Construction Advisory and Appeals Board. This is a nomination for Council Member Cochran. Joe Bendzick has resigned from the Zoning Board of Adjustment. This is a nomination for Mayor Miller. If you require any further information, please let me know. Respectfully submitted: ~y isfer Wglters ecretary 3210 Montecito Road Denton, TX 76205 January 9, 2000 Dan Leal Human Services Coordinator City of Denton 100 West Oak Denton, TX 76201 Dear Dan: It is with regret that I must tender my resignation from the Human Services Advisory Committee effective immediately. Unforeseen increased family and professional commitments preclude my regular active participation in committee activities. It has been a pleasure serving with people so dedicated to the functioning of the non- profit organizations which attempt to meet the needs of Denton residents. I shall miss participating in initiating the change of fund allocations to more closely address the most pressing needs of the community. This is a move in the right direction, especially as funding sources shrink and the area population grows. I wish the Committee success in this endeavor. Sincerely, Lynn A. Ebersole C 0 M M U ix,/I T Y ~n~o,z, 57~xa~ ~6 zo5 940-56 6-JBSZ January 20,2000 Ms. JenniferWalters City Secretary City of Denton 215 E. McKinney Denton, TX 76201 RE: Zoning Board of Adjustment Dear Jennifer: Thanks for allowing me to work with the City Facilities folks about accessibility to the city council dais, however as I left the City office today, it occurred to me that since Mary and I purchased a home in Argyle 1/14/00, I am probably no longer eligible to serve on the ZBA in Denton. We currently do own a home at Skylark and Pennsylvania, but will proceed to sell it over the course of the next few months. I did leave voice mail for you today, we will continue to have a business presence in Denton, but I suspect that won't keep me eligible. Thank you for the many courtesies you and the City of Denton have extended to me over the course of the 27 years we've "held Denton Citizenship"; Denton was and will continue to be a home to be proud of! Respectfully, · oseph Bendzick CC: Larry Collister, ZBA Chairman