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March 07, 2000 Agenda
AGENDA CITY OF DENTON CITY COUNCIL March 7, 2000 Agenda Item After determining that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, March 7, 2000 at 5:15 p.m. in the City of Denton City Manager's Conference 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. 1. Closed Meeting: [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX. GOV'T. CODE Section 551.086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551.086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting.] A. Consultation With Attorneys --- Under TEX. GOV'T. CODE Section 551.071. (1) Consider and discuss status of litigation styled Ex Parte Upper Trinity Regional Water District, Cause No. 2000-30033-211, pending in the 211th Judicial District Court in and for Denton County, Texas, being an action brought under the Texas "Expedited Declaratory Judgment Act:, in which the City is a party; to include possible intervention or other legal action to be taken by the City in this pending litigation. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Deliberations Concerning Real Property---Under TEX. GOV'T. CODE, Section 551.072. (1) Receive information from Staff, discuss, deliberate, consider, and provide Staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC City of Denton City Council Agenda March 7, 2000 Page 2 POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, SECTIONS 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, March 7, 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: Posting of Colors by Cub Scout Pack 51 1. Pledge of Allegiance U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." Consider approval of the minutes of December 7 and December 14, 1999, and January 4, January 10, and January 11, 2000. PROCLAMATIONS/PRESENTATIONS 3. March Yard-of-the-Month Awards Presentations a. Winners of the "Name the System" Campaign for transit system. b. Proclamation for Brave Combo. c. Proclamation for Census Awareness Month Resolution of Appreciation a. Consider approval of a resolution of appreciation for Ralph Harpool. b. Consider approval of a resolution of appreciation for Jimmy Cross. CITIZEN REPORTS 6. Receive a report from Willie Hudspeth regarding tree removal from his property. 7. Receive a report from Lonnie Hillard regarding loud stereo systems in cars. 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. City of Denton City Council Agenda March 7, 2000 Page 3 Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 8-30). 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 8-30 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". Consider approval of a tax refund to Thomas and Lila Sembera in the amount of $513.99. The 1999 tax was paid twice, resulting in an overpayment. Consider approval of a resolution of the City of Denton, Texas, authorizing the submission of an Application to the criminal Justice Division of the Office of the Governor, State of Texas, requesting continued funding for one (1) juvenile/domestic violence investigator and associated training and supplies for a family services unit; and providing an effective date. 10. Consider adoption of an ordinance authorizing the City Manager to execute a Cost Participation Agreement between the City of Denton and The Preserve at Pecan Creek Partners, Ltd. for the City's participation in the oversizing of sanitary sewer force mains and a lift station in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. 11. Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton and Ranch Ventures, Ltd. 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 therefore; and providing an effective date. 12. Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton and J&S Wood, 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 therefore; and providing an effective date. 13. 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 therefore; and providing an effective date. (Bid 2444-Refurbish Texoma digger- Commercial Body-S48,764.30) 14. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fleet vehicles; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2457-Fleet vehicles as listed in ordinance-S453,859) 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of loader/backhoe tractors and a skid steer loader; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2459- Loader/backhoe tractors and skid steer loader as listed-S117,635.93) City of Denton City Council Agenda March 7, 2000 Page 4 16. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply purchase of distribution wire and cable; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2460-annual price agreement-estimated $850,000) 17. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase materials, supplies and services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2461-Rubber goods testing-J. L. Matthews Co., Inc.-estimated $30,000) 18. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies and services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2463-Annual contract for refuse bags-Resourceful Bag and Tag Co.-$87,300) 19. 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 therefore; and providing an effective date. (Bid 2464-Water treatment chemicals as listed-S458,600) 20. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2466-Padmounted switchgear- Cummins Utility Supply-estimated $230,545) 21. Consider adoption of an ordinance accepting competitive bids and awarding annual contracts for the purchase of materials, supplies and services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2467-Annual mowing contracts as listed-estimated $65,000) 22. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 2471-Electrically controlled line reclosers-Cooper Power Systems c/o Priester Supply-not to exceed $122,112) 23. Consider adoption of an ordinance authorizing the expenditure of funds for the payments by the City of Denton for electrical energy transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date. (PO 03178-Reliant Energy HL&P; PO 03179-Central Power & Light Co; PO 03181-TXU Electric Transmission Div.-S445,442.25) 24. Consider adoption of an ordinance approving the expenditure of funds for the purchase of automated meter reading transmitters available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 03370-Hunt Technologies, Inc. - $149,750) City of Denton City Council Agenda March 7, 2000 Page 5 25. Consider adoption of an ordinance approving the expenditure of funds for the purchase of proprietary software available from only one source in accordance with the provision of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 03612 - Oracle Government DMD-$83,535.00) 26. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Intellisys Group, Inc. for the design and installation of a streaming media system and related services as set forth in the contract; providing for the expenditure of funds therefore; and providing an effective date. (PSA 2458- Design and installation of a streaming media system and related services-Intellisys Group, Inc.-$170,279) 27. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Keep Denton Beautiful, Incorporated relating to developing programs enhancing the appearance and environment of Denton; and providing an effective date. 28. Consider adoption of an ordinance authorizing the City Manager to execute an assignment and assumption agreement between Douglas C. Weyer, the Weyer Living Tmst~lated January 12, 1995 and the City of Denton which amends an agreement entered into on February 16, 1999; and providing an effective date. 29. Consider approval of a resolution amending the Resolution No. R99-045, as amended, passed by the City Council on September 7, 1999 to add projects necessitated by the need to acquire property near City Hall East for City Hall East renovations, new ERCOT requirements, water treatment plant expansion, and additional sewer lines; to the utility and general government capital improvement program for 2000-2004; providing a savings clause; and providing an effective date. 30. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Fredda Sue Brockett, relating the purchase of 0.17 acre of land located in the Hiram Sisco 320 Acre Survey, Abstract No. 1184, for use by the Police Department; authorizing the expenditure of funds therefore; and providing an effective date. PUBLIC HEARINGS/ZONING ACTIONS 31. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 215 First Street, a proposal to rezone 0.25 acres from a Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. (This is not a public hearing.) 32. Hold a public hearing and consider rezoning approximately 0.25 acres from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. The property is located at 215 First Street. The change of zoning will allow the utilization of the existing non-residential structure on the eastern portion of the site for non-residential use. The Planning and Zoning Commission recommends approval (6-1) with conditions. (Z-99-090, 215 First Street) City of Denton City Council Agenda March 7, 2000 Page 6 33. Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 47.3 acres of the Lakeview Ranch located on the south side of McKinney Street (FM 426), approximately 3,000 feet east of the intersection with Trinity Road. (This is not a public hearing.) 34. Continue a public hearing and consider rezoning a 47.3 acre tract from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property is legally described as Tract 11 out of the W. Durham Survey (Abstract 330) and is located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. The proposal is to develop a single-family subdivision with a minimum 5,500 square foot lot size. The Planning and Zoning Commission recommends approval (6-1) with conditions. (Z-99-046, Lakeview Ranch - PD) 35. Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 410 acres of the Lakeview Ranch located between University Drive (Hwy 380) and McKinney Street (F.M. 426) east of Mayhill Road. (This is not a public hearing.) 36. 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 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. It is located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. The proposal is to develop a mix of single-family lots and housing types. The Planning and Zoning Commission recommends approval (7-0) with conditions. (Z-99-072, Lakeview Ranch) 37. Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by W.B.B.&B. Holdings, Ltd. for 34.40 acres of the Shadow Brook Place located south of E1 Pasco Drive, between Forrestridge Drive and Montecito Drive. (This is not a public hearing.) 38. Continue a public hearing and consider zoning approximately 34.40 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property is located south of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family residential development is proposed. The Planning and Zoning Commission recommends approval (5-0). (Z-99-051, Shadow Brook Place) 39. Hold a public hearing and consider a Detailed Plan for Oakmont Estates IV in a Planned Development (PD-111) zoning district. The 18.4 acres site is generally located south of Robinson Road, east of Teasley Lane and west of Oakmont. Single-family development is proposed. The Planning and Zoning Commission recommends approval (5-1) with conditions. (Z-99-103, Oakmont Estates IV Phase 2) City of Denton City Council Agenda March 7, 2000 Page 7 ITEMS FOR INDIVIDUAL CONSIDERATION 40. Consider adoption of an ordinance of the City of Denton, Texas, partially abandoning and vacating a 70-foot utility easement on Block 8 & 9, Wimbleton Village, Phase III, Block 10 Wimbleton Village, Phase V, and Lot 1, Block A, James Wood Autopark Addition and recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; and declaring an effective date. 41. Consider adoption of an ordinance partially vacating a utility easement established by judgments recorded in Volume 588, Page 459, and Volume 2259, Page 544 of the Deed Records of Denton County, Texas, as it pertains to Lot 1, Block 1 of the Texas Instruments Addition; and providing for an effective date. 42. Consider adoption of an ordinance providing for the payment of eighty-five thousand dollars and no cents ($85,000.00) to Citgo Pipeline Products Company for the relocation of its pipeline in conjunction with the Nottingham Extension Street and Drainage Project; and providing for an effective date. 43. Consider adoption of an ordinance of the City of Denton, Texas appointing Assistant Municipal Judges for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for their term of office; establishing fees for payment for their services; and declaring an effective date. Kimberly Cawley-McCary Earlean Cobbin Murphy 44. Consider a variance from Section 34-114(17) of the Code of Ordinance, concerning sidewalks for Milner-Crouch Ranch Estates. The 4.87 acre site is located at the southwest comer of Cindy Lane and Lariat Road. It is in an Agricultural (A) zoning district. Single-family development is proposed. The Planning and Zoning Commission recommends approval (4-2). (V-00-002, Milner-Crouch). 45. Consider approval of an ordinance of the City of Denton, Texas amending the schedule of fees contained in Ordinance 99-371 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances, providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. 46. Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by GBW Engineers, Inc. for the remaining phases of Beverly Park Estates, PD-90 located east of Sherman Drive and south of Loop 288. City of Denton City Council Agenda March 7, 2000 Page 8 47. 48. 49. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for: 1508 N. Elm (Z-99-083) 1513 N. Locust (Z-99-084) RNW Addition (Z-99-003) Consider nominations and appointments to the City's Boards and Commissions. New Business This item provides a section for Council Members to suggest items for future agendas. 50. Items from the City Manager 51. 52. Ao Notification of upcoming meetings and/or conferences Clarification of items on the agenda Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting under Sections 551.071~551.086 of the Texas Open Meetings Act. Ao Consider and take action to adjust compensation of Municipal Judge, City Attorney, and City Manager as a result of evaluations held in Executive Session on February 22, 2000. 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.m3 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 SION LANOUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. CITY OF DENTON CITY CO~C~g ~TBS A~en~a Item ,, ~ December 7, 1999 Date , The Council held a Work Session on Tuesday, December 7, 1999 at 5:00 p.m. in the Co~cil Work Session Room at City Hall. P~SENT: Mayor Miller; Mayor Pro Tem Beasley; Co~cil Members Bu~oughs, Coe~, D~ee, ~stoferson ~d Young. ~SENT: None 1. The Co~cil received a repo~ ~d held a discussion wi~ Leadership Denton. Co~eil ~d members of Leadership Denton discussed v~ous issues dealing with the Ci~ of Denton ~d Denton Ci~ gove~ent. Re~lar Meeting of the City Council on Tuesday, December 7, 1999 at 6:00 p.m. in the Co~cil Chmbers at Ci~ Hall. P~SENT: Mayor Miller; Mayor Pro Tem Beasley; Co~cil Members B~ou~s, Coc~, D~ce, ~stoferson ~d Yo~g. ~SENT: None 1. Pledge of Allegi~ce The Council ~d members of the audience recited the Pledge of Allegi~ee to the U.S. and Texas flags. 2. The Council considered approval of the minutes of October 26, 1999. Beasley motioned, Bu~oughs seconded to approve the minutes as presented. On roll vote, Be~ley "aye", B~oughs "aye", Coe~ "aye", D~ce "aye", ~stoferson "aye", Yo~g "aye", ~d Mayor Miller "aye". Motion c~ed ~mmously. P~SENTATIONS/PROCL~ATIONS 3. December Y~d of~e Mon~ Awmds Mayor Miller presented the following December Ymd of the Mon~ Awmds: Mayor Ed Repnicki Nancy Lowery Dentex Title Co. Proclamations Miller presented the following proclamations: A. Arbor Day B. Police Appreciation Day City of Denton City Council Minutes December 7, 1999 Page 2 C. Resolution of Appreciation for Bill Giese - not considered 5. Announce the start of the Visual Quality Survey for participation by all citizens. Stephen Cook, Comprehensive Urban Planner, presented the report for the Visual Quality Survey. CITIZEN REPORTS 6. The Council received a report from Mildred Hawk regarding historical iron bridges. Ms. Hawk urged the Council to use historical iron bridges throughout the City as much as possible in order to preserve the County's heritage. 7. The Council received a report from Bryan Buchanan regarding 103 Woodrow Lane property - installation of a fire hydrant subject to approval of final plat. Mr. Buchanan stated he was being forced to install a fire hydrant on his property that was in excess of what was normally required. The cost of installing the fire hydrant was in excess of $7,000. He asked for relief of the large cost. 8. The Council received a report from County Commissioner Jim Carter regarding general update of county issues. Commissioner Carter presented an update on several city/county issues. 9. The Council received a report from Ross Melton: "You've Got Mail!" Mr. Melton was not present at the meeting. COMPREHENSIVE PLAN ITEMS 10. The Council continued a public hearing from November 16th, 1999 and considered adoption of an ordinance of the City of Denton, Texas adopting the comprehensive plan as an official policy document intended to guide future community growth and development decision- making as authorized by Chapter 219 of the Texas Local Government Code and the Charter of the City of Denton; providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; and providing an effective date. The Council held a continuation of a public heating regarding the adoption of the comprehensive plan as an official policy document intended to guide future community growth and development decision-making. The Mayor opened the public heating. The following individuals spoke during the public hearing: Khosrow Sadeghian, P.O. Box 2451, Coppell, 75019 - opposition City of Denton City Council Minutes December 7, 1999 Page 3 Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - opposition Steve Knitt, 1003 Hopkins Drive, Denton, 76205 - opposition Cherly Hassell, Stephen Drive, - opposition Curtis Ramsey, 2028 Burning Tree Lane, Denton, 76201 - opposition/favor Nell Yeldell - non-related concern Raymond Redmon, 710 Prairie, Denton, 76205 - opposition Robyn Mullendore, 1139 Oakhurst, Denton, 76205 - favor Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor Mayor Miller stated that he had Speaker Cards from individuals who did not wish to address Council: Bob Mullendore, Jr., 1139 Oakhurst, Denton, 76205 - favor Ray Cox, 501 S. Carroll, Denton, 76201 - opposition James Franks, 806 Cordell, Denton, 76201 - opposition Ronald Slovaeek, 3964 Fawn Drive, Denton, 76208 - favor Nancy Kniatt, 1003 Hopkins Drive, Denton 76205 - opposition Guy Hammons, 1221 Tulane, Denton, 76201 - opposition John Johnson, 1517 Linden, Denton, 76201 - opposition The Mayor closed the public hearing. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 11. The Council held a joint public heating with the Planning and Zoning Commission pursuant to Texas Local Government Code §211.007 (b) to hear citizen comments regarding an ordinance of the City of Denton, Texas, establishing interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified development applications pending adoption of a revised land development code; providing for administration of such standards; providing for exemptions; providing for severability; providing an effective date; and providing a savings clause. The Chair of the Planning and Zoning Commission opened the Planning and Zoning Commission portion of the meeting. The Council and the Planning and Zoning Commission held a public hearing to consider an ordinance establishing interim standards for applying policies of the adopted comprehensive plan for requests for zoning amendments and certain specified development applications. The following individuals spoke during the public hearing: Don Allen, 3880 Hulen, Ft. Worth, 76107 - concern over procedural requirements Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Ft. Worth, 76102 - concern over procedural requirements Robert Prendergast, 5225 Village Creek, Plano, 75023 - concern over procedural requirements City of Denton City Council Minutes December 7, 1999 Page 4 Alyson Archer, 2112 W. Spring Creek Parkway, Piano, 75023 -concem over procedural requirements Chip Empasado, Mesa Design Group - concern over procedural requirements Carolyn Phillips, 722 Lakey, Denton, 76201 - neutral Ray Cox, 501 S. Carroll, Denton, 76201 - opposition Willard Baker, 6447 Cliffbrook, Dallas - concern over procedural requirements Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201 - opposition Kent Key, 3524 Belmont, Denton 76201 - opposition Robyn Mullendore, 1139 Oakhurst, Denton, 76205 - opposition Craig Erwin, Denton, 3513 Belmont, Denton, 76201 - opposition Willie Hudspeth, 623 Newton, Denton, 76205 - concern over procedural requirements Ron Slovacek, 3964 Fawn Drive, Denton, 76208 - opposition The Planning and Zoning Commission closed its portion of the 1/ublic hearing. The Mayor closed the Council's portion of the public hearing. Mayor Miller proposed that the Council not deliberate on the item at this meeting. The Planning and Zoning Commission would consider the item at its next meeting. Council would consider · 4th the item at the next work session. It would be placed on the January City Council meeting for consideration. The public hearing was closed and consideration would be under a regular agenda item. Council Member Young suggested that the Planning Department meeting with the developers and builders for input on the item. Young motioned, Burroughs seconded to postpone consideration on the item and continue consideration by the Planning and Zoning Commission and the Council. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carfiedwith a6-1 vote. Apple motioned, Williams seconded to postpone Planning and Zoning Commission consideration until December 15th. Motion carded with a 7-0 vote. Items a. and b. were not considered at this meeting. ao Planning and Zoning Commission deliberations and recommendation regarding the ordinance to City Council; and City Council deliberations and consideration of adoption of the ordinance. Council considered the Consent Agenda. Burroughs motioned to suspend the rules and consider the Consent Agenda. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. City of Denton City Council Minutes December 7, 1999 Page 5 CONSENT AGENDA Kfistoferson motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 13. Approved a tax refund to MBS Seed, Inc. in the amount of $601.67. The 1999 property taxes were paid twice. 14. Approved a tax refund to Norwest Mortgage for Jeffery L. Kruger in the amount of $553.26. The 1998 property taxes were paid twice. 15. Approved a tax refund to First American Controlled Disbursements for Northpoint Apt., LTD in the amount of $1,654.02. The 1998 property taxes were paid twice. 16. Approved a tax refund to Lereta Corp. for Jeffery W. Dixon in the amount of $560.66. The 1998 property taxes were paid twice. 17 NO. 99-441 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD LIGHTING FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2423 - MACK PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL SERVICE, INC. - $117,960) 18. NO. 99-442 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF REPAIRS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2430 - REROOFING THE DENTON ELECTRIC PRODUCTION PLANT AWARDED TO CBS ROOFING SERVICES, INC. IN THE AMOUNT OF $45,500) 19. NO. 99-443 AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN EFFECTIVE DATE. (P.O. #01364 - OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $67,355) City of Denton City Council Minutes December 7, 1999 Page 6 20. NO. 99-444 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY AND AWARDING A CONTRACT FOR THE RENTAL OF PAGER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (INTERLOCAL AGREEMENT FILE #2437 - PAGER SERVICE COLLIN COUNTY INTERLOCAL AGREEMENT AWARDED TO AIR TOUCH PAGING, ESTIMATED TOTAL ANNUAL EXPENDITLIRE $50,000) 21. NO. 99-445 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #01742 TO H-GAC - $136,218.78) 22. NO. 99-446 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN TO PROVIDE MEDICAL CONTROL SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2414 - PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES AWARDED TO BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN IN THE AMOUNT OF $62,750) 23. NO. 99-447 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SGS WITTER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGEMENT OF 69KV TRANSMISSION FACILITIES CONSTRUCTION AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2429 - CONSTRUCTION MANAGEMENT SERVICES AWARDED TO SGS WITTER, INC. 1N THE NOT TO EXCEED AMOUNT OF $73,200) 24. NO. 99-448 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED City of Denton City Council Minutes December 7, 1999 Page 7 INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #00987 TO NTCS, INC. IN THE AMOUNT OF $49,350) 25. NO. 99-449 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 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #00989 IBM -$100,587) 26. NO. 99-450 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION SERVICES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #01744 TO SOFTWARE DEPARTMENT-DEPARTMENT OF INFORMATION RESOURCES (DIR)-$154,000) 27. NO. 99-451 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2424 - RENTAL OF HEAVY EQUIPMENT AWARDED TO TKO EQUIPMENT COMPANY FOR ITEMS 1-12 AND NATIONS RENT ITEM 13, AND HOWARD MCANEAR ITEM 14) 28. NO. 99-452 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TREE TRIMMING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2426 - TREE TRIMMING - HORTON TREE SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $250,000) 29. NO. 99-453 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED INTERRUPTER SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2431 - SWITCHGEAR AND PUFFER INTERRUPTERS AWARDED TO TEMPLE, INC.-ESTIMATED ANNUAL EXPENDITURE-$110,000) City of Denton City Council Minutes December 7, 1999 Page 8 30. 31. 32. 33. 34. 35. 36. NO. 99-454 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY 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. NO. 99-455 AN ORDINANCE AUTHORIZING CONTRACT WITH INTERFAITH ADMINISTER THE P-L-U-S ONE EFFECTIVE DATE. THE CITY MANAGER TO EXECUTE A MINISTRIES OF DENTON, INC. TO PROGRAM; AND PROVIDING FOR AN NO. 99-456 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. NO. 99-457 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON PARKS FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE. NO. 99-458 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE. NO. 99-459 AN ORDINANCE AUTHORIZING AN INCREASE TO THE RATE OF CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RETIREMENT SYSTEM BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. NO. 99-460 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MA1N PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONWIDE HOUSING SYSTEMS FOR REIMBURSEMENT OF City of Denton City Council Minutes December 7, 1999 Page 9 THE COSTS OF BUILDING A WATER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 37. NO. 99-461 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS DEVELOPMENT, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 38. NO. 99-462 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 39. NO. 99-463 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR V. AND REBECCA G. KING FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 40. NO. 99-363 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. 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 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 41. This item was pulled from consideration. Council returned to Item//12. 12. The Council considered adoption of an ordinance of the City of Denton, Texas, City of Denton City Council Minutes December 7, 1999 Page 10 establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified development applications prior to adoption of a revised land development code; providing for exemptions; providing for severability; and providing an effective date. Council considered an ordinance establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan. The following ordinance was considered: NO. 99-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance with all the amendments made to this point. Mayor Miller indicated that the following individuals had submitted Speaker cards: Robert Prendergast, 5225 Village Creek, Piano, 75023 - opposition/favor Don Allen, 3880 Hulen, Fort Worth, 76107 - neutral Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023 - opposition Ron Slovacek, 3964 Fawn Drive, Denton, 76208 - favor Bill Kuhlmann, 309 W. 7th Street, Suite 1200, Fort Worth, 76102 - opposition Ray Cox, 501 S. Carroll, Denton, 76201 - opposition Brenda McDonald, 270 N. Denton Tap, Suite 100, Coppell, 75019-neutral Kent Key, 3524 Belmont, Denton, 76201 - opposition Burroughs motioned, Miller seconded to amend the main motion that an application for approval of a detailed plan for residential use or a concept plan had been approved after May 1, 1997. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "nay", and Mayor Miller "aye". Motion failed with a 2-5 vote. On roll vote for the main motion, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carded with a 5-2 vote. PUBLIC HEARINGS 42. The Council held a public hearing and considered an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail approximately 2000 feet south of Walton Road for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective City of Denton City Council Minutes December 7, 1999 Page 11 date. Ed Hodney, Director of Parks and Recreation, reported on the plans to build a new rails to trails plan. Corinth needed a plan to cross the trail and Council needed to make a decision based on Chapter 26 for all findings to mitigate all action on the plan. Mayor opened the public hearing. The following individuals spoke during the public heating: Richard Huckaby, 924 Ridgecrest Circle, Denton, 76205 - favor Don Allen, Carter and Burgess - favor Mark Coomes, 728 N. Elm, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-465 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET SOUTH OF WALTON ROAD FOR THE INSTALLATION OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING AN EFFECTIVE DATE. Burroughs moved, Young seconded to adopt the ordinance. Mayor Pro Tern Beasley suggested a signalized crossing for the area and offered it as a friendly amendment to the motion. Council Members Burroughs and Young agreed to include that in the motion. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 43. The Council held a public hearing to receive input concerning an ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto Section 26-233 "Water Conservation and Drought Contingency Plan" and Section 26-234 "Criminal and Civil Penalties", adopting a water conservation plan in accordance with the requirements of the law; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing procedures for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed $1,000 per day per violations and various 20% surcharge penalties on excessive water use; providing a savings clause; providing a severability clause; and providing an effective date. City of Denton City Council Minutes December 7, 1999 Page 12 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mark Cooms, 728 N. Elm, Denton, 76201 - favor The Mayor closed the public hearing. 44. This item had been pulled from consideration as the petitioner had withdrawn zoning application. 45. The Council held a public heating and considered a request for a specific use permit (SUP) for a manufactured home park on approximately 86.0 acres. The site was in an Agricultural (A) zoning district. It was located roughly six hundred feet north of Loop 288 on the west side of Stuart Road. The Planning and Zoning Commission recommended approval (5- 1) with conditions. (Z-99-082, Beaver Creek) The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brenda McDonald, 270 N. Denton Tap Road, Coppell 75019 - favor Tom Plichta, 205 Coyote Court, Bartonville, 76226 - favor Mayor Miller indicated that Thomas McMurray, 2905 Howard Court, Denton, 76201 had submitted a Speaker Card. The Mayor closed the public heating. Young motioned, Mayor seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission. On roll vote, Beasley "nay", Burroughs "nay", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion failed with a 2-5 vote. Mayor Miller left the meeting. ITEMS FOR INDIVIDUAL CONSIDERATION 46. The Council considered 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. First reading of ordinance. (A-96, Silver Dome at Cooper Creek) Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "nay". Motion failed 5-1 as a supermajority vote was required. City of Denton City Council Minutes December 7, 1999 Page 13 47. The Council considered adoption of an ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the 1996 National Electrical Code with certain amendments and providing for the adoption of the 1999 National Electrical Code with certain deletions and amendments; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The following ordinance was considered: NO. 99-466 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ("ELECTRICAL CODE") BY REPEALING THE 1996 NATIONAL ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1999 NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 48. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton, Calvin Woolaver and Calvin Wayne Woolaver relating to the purchase of Lot 1 and the east 13 1/3 feet of Lot 2, Stroud Addition for Flood Mitigation Assistance Project Grant, Texas Water Development Board Contract No. 99-001-027: authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 99-467 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, CALVIN WOOLAVER AND CALVIN WAYNE WOOLAVER RELATING TO THE PURCHASE OF LOT 1 AND THE EAST 13 1/3 FEET OF LOT 2, STROUD ADDITION FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT, TEXAS WATER DEVELOPMENT BOARD CONTRACT NO. 99-001-027: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Young "nay". Motion carried with a 4-2 vote. 49. This item had been pulled from consideration. City of Denton City Council Minutes December 7, 1999 Page 14 50. The Council considered adoption of an ordinance authorizing the third amendment to the airport lease agreement for fixed base operation (FBO) activity between the City of Denton and Texas Air Center, Inc.; and providing for an effective date. The following ordinance was considered: NO. 99-468 AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 51. The Council considered adoption of an ordinance of the City of Denton, Texas establishing rates for rental of aircraft hangar and tie-down space owned by the City upon the Denton Municipal Airport; authorizing the City Manager to enter into contracts for the rental of such property and declaring an effective date. The following ordinance was considered: NO. 99-469 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING RATES FOR RENTAL OF AIRCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. Durance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded with a 5-1 vote. 52. The Council considered approval of a resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificate of Obligation bonds so that a project approved in the 1999-2000 Capital Improvement Program budget more fully described in the attachment to this resolution may be commenced; and providing an effective date. The following resolution was considered: NO. R99-065 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH City of Denton City Council Minutes December 7, 1999 Page 15 CERTIFICATE OF OBLIGATION BONDS SO THAT A PROJECT APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 53. The Council considered approval of a resolution authorizing the intervention in proceedings relating to TXU Lone Star Pipeline's request to increase the city gate rate; authorizing the employment of special counsel and rate consultants as needed; and providing an effective date. The following resolution was considered: NO. R99-066 A RESOLUTION AUTHORIZING THE INTERVENTION IN PROCEEDINGS RELATING TO TXU LONE STAR PIPELINE'S REQUEST TO INCREASE THE CITY GATE RATE; AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL AND RATE CONSULTANTS AS NEEDED; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to approve the resolution and joining the coalition with 'Boyle. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "nay". Motion carded with a 5-1 vote. 54. The Council considered adoption of an ordinance authorizing the City Manager to enter into a first amendment to the professional services agreement with Diversified Utility Consultants, Inc. to perfmm an audit and a franchise review of TXU Electric and Gas; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 99-470 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO PERFORM AN AUDIT AND A FRANCHISE REVIEW OF TXU ELECTRIC AND GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "nay". Motion carded with a 5-1 vote. City of Denton City Council Minutes December 7, 1999 Page 16 55. The Council considered adoption of an ordinance authorizing the City Attorney to institute litigation against WBB&B Holdings, Ltd., and other potential defendants, to abate a nuisance, enforce statutes, regulations and ordinances relating to floodplain management, and for extraordinary relief; ratifying prior actions; and declaring an effective date. The following ordinance was considered: NO. 99-471 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LITIGATION AGAINST WBB&B HOLDINGS, LTD., AND OTHER POTENTIAL DEFENDANTS, TO ABATE A NUISANCE, ENFORCE STATUTES, REGULATIONS AND ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT, AND FOR EXTRAORDINARY RELIEF; RATIFYING PRIOR ACTIONS; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 56. The Council considered adoption of an ordinance on third reading granting to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the City; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date. The following ordinance was considered: NO. 99-472 AN ORDINANCE ON THIRD READING GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes December 7, 1999 Page 17 Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 57. The Council considered nominations/appointments to Boards and Commissions. There were no nominations/appointments made at this meeting. 58. Miscellaneous Matters from the City Manager. City Manager Jez presented the Council with Y2K magnets containing emergency numbers that would be distributed to the public. 59. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for a report regarding the funds for a Children's Park at Fred Moore Park and funds for the Phoenix Park. B. Council Member Young asked for a report on how many professional service contracts the City had with minority firms to include attorneys, architects, etc. and to include a copy of city affirmative action or good faith effort policy. He requested the information no later than the next Council Meeting. 60. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 61. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 3:00 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES CITY OF DENTON CITY COUNCIL December 14, 1999 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, December 14, 1999 at 5:15 p.m. in the City of Denton Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None The Council considered the following in Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086. Consultation With Attorney --- Under TEX. GOV'T. CODE Section 551.071. 1. Considered, discussed, and deliberated approval of an Intermptible Natural Gas Transportation Agreement pertaining to natural gas requirements to be furnished to the Denton Municipal Electric Spencer Steam Power Plant to be used furnished to the Denton Municipal Electric Spencer Power Plant to be used for the production of electric energy. Consultation with the City's attorneys concerning the Agreement, and related legal issues and requirements, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and responsibilities under the Texas Disciplinary Rules of Professional Conduct. 99-475 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERRUPTIBLE NATURAL GAS TRANSPORTATION AGREEMENT BY AND BETWEEN THE CITY Of DENTON AND TXU LONE STAR PIPELINE, A DIVISION OF TXU GAS COMPANY, PERTAINING TO NATURAL GAS REQUIREMENTS FURNISHED TO THE SPENCER STEAM POWER PLANT; AUTHORIZING THE EXPENDIUTRE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. This matter was considered and approved in closed meeting as reported in the certified agenda for that meeting. B. Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086. 1. Considered, discussed, and deliberated, and received competitive commercial, financial, and technical information from Denton Municipal Electric ("DME") staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented would involve issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. City of Denton City Council Minutes December 14, 1999 Page 2 C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086. Consultation With Attorney --- Under TEX. GOV'T. CODE Section 551.071. Deliberations Concerning Real Property ~-- Under TEX. GOV'T. CODE, Section 551.072. 1. Considered, discussed, and deliberated the valuation of and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conducted a consultation with the City's attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Work Session of the City of Denton City Council on Tuesday, December 14, 1999 at 6:40 p.m. in the Council Work Session Room in City Hall, 215 E. McKinney Street. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Cochran, Durrance, Kristoferson, and Young. ABSENT: Council Member Burroughs 1. The Council received a report, held a discussion and gave staff direction regarding Diversified Utility Consultants, Inc.'s audits of TXU Electric and Gas, including discussion of the Senate Bill 7 methodology of calculating franchise fees. Herb Prouty, City Attorney, introduced Dan Bohaunan from Diversified Utility Consultants. Bohannan stated his firm had been retained by the City to review franchise calculations. They were to determine why there was a reduction in the 1998 franchise fee payment over the 1997 payment from TXU-Lone Star Gas. He stated that they reviewed the franchise fee calculations for the period from 1982 to 1998 to determine if TXU was in compliance with the franchise fee agreement. He stated their preliminary report showed that TXU-Lone Star Gas had underpaid its franchise fees by $861,088 for the years 1982 to 1998. Steve Taylor, 2213 Stonegate, Area Manager of TXU Electric and Gas, stated that the franchise payment had been properly calculated and paid in accordance with the franchise agreement. Prouty stated that staff recommended meeting with TXU to discuss the audit findings and include negotiations regarding the electric franchise. The Council agreed to this. 2. The Council received a report, held a discussion, and gave staff direction regarding the draft interim development standards ordinance intended to apply policies of the comprehensive plan to specified development applications. Dave Hill, Assistant City Manager of Development Services, stated that at the December 7th meeting, the Council agreed to discuss the interim ordinance at the work session on December City of Denton City Council Minutes December 14, 1999 Page 3 14th. The Planning and Zoning Commission agreed to postpone deliberations regarding the ordinance until December 15th. He stated that until the Planning and Zoning Commission made its recommendation, the Council could not take formal action on the ordinance. Hill stated the moratorium ordinance was designed to be short-lived. The major concept of the interim ordinance was to create base densities for residential development and allow limited increases in density in proportion to the developer's willingness to enhance the project. Two types of submissions are proposed in the ordinance: 1) The Zoning Plan, which would require the evaluation of neighboring areas and the impact of proposed zoning densities; and 2) The Project Plan, which would address the construction and lot characteristics of the project and allow evaluation of design quality. Hill stated there were several issues that the Council might wish to address. He stated that Council could consider expiration dates for the Zoning Plan and Project Plan. He also stated that consideration should be given as to whether the Project Plan should be considered a zoning versus an administrative approval. If considered a zoning approval, the Project Plan would require P&Z and City Council review. If considered an administrative approval, the Project Plan could be reviewed by Council only. He stated that Council should consider an exemption for PD Concept Plans approved after May 1, 1997. This would allow recently approved PD's to submit Detailed Plans under the existing regulations. The Council discussed the date for allowing exemptions and decided that any PD Concept Plans approved prior to May 1, 1997 would require a zoning plan and a project plan. Anything approved between May 1, 1997 and April 7, 1998 would require a concept plan and a project plan. Anything approved after April 7, 1998 would require a detailed plan. The Council discussed revisions to the draft ordinance and instructed staff to make the revisions and allow the Planning and Zoning Commission to review their recommendations. Council Member Burroughs retumed to the meeting. 3. The Council received a report, held a discussion, and gave staff direction regarding an ordinance of the City of Denton, Texas, amending and superceding in its entirety Ordinance No. 99-440 establishing a moratorium 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 exemptions. Terry Morgan stated that the proposed ordinance would place moratoriums on the acceptance and processing of preliminary plats, final plats, and building permits for residential developments. It would also place a moratorium on an application for a detailed plan where a development plan had been previously approved. He stated that there were only two exemptions: a residential development application for property that received zoning approval on or after April 7, 1998 and an application for final plat approval for single-family dwellings where a preliminary plat had previously been approved. The Council recommended keeping in place the ordinance that was passed last week. City of Denton City Council Minutes December 14, 1999 Page 4 4. The Council received a report, held a discussions, and gave staff direction regarding an ordinance of the City of Denton, Texas establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified commercial development applications prior to adoption of a revised land development code; providing for exemptions. Terry Morgan stated that this would place a moratorium on the acceptance and processing of preliminary plats, final plats and building permits for commercial developments. The only exemption was for plat and building permit applications for property that had received zoning approval on or after April 7, 1998. Mayor Pro Tem Beasley asked if the Council could go into executive session on this item. Herb Prouty, City Attorney, stated they could under consultation with attorney. He stated he would prepare written notice and then they could go into executive session. The Council considered item #6. 6. The Council received a report, held a discussion, and gave staff direction regarding an annexation schedule for the Spencer Plant site (A-98, DME Generation Plant). Consensus of the Council was to proceed with the schedule. 5. The Council received a report, held a discussion and gave staff direction regarding implementation of the Fry Street Small Area Plan, specifically the creation of a Fry Street Zoning Overlay District. Dedra Ragland, Small Area Planning Manager, stated that council had directed staff to identify different scenarios of off-street parking requirements. Ragland stated that the council had two options. Option 1 involved initiating a zoning amendment process to create a Fry Street Zoning Overlay District to eliminate all off-street parking requirements and establish building densities and minimum area and height requirements; determine the location and consolidation of solid waste containers; and to amend the sign regulations for the District. Option 2 involved initiating 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. She stated that staff recommended Option 1. Consensus of the council was to go with the 1:400 off-street parking requirements. The council returned to Item #4. The Council convened into executive session at 11:50 p.m. The Council convened into regular session at 12:20 a.m. Terry Morgan stated this moratorium ordinance would apply to commercial development applications. This ordinance would place a moratorium on the acceptance and processing of City of Denton City Council Minutes December 14, 1999 Page 5 preliminary plats, final plats and building permits for commercial developments. The only exemption was for plat and building permit applications for property that had received zoning approval on or after April 7, 1998. If the ordinance was adopted, staff would need to be given direction to develop interim regulations for commercial developments. Hill stated that staff needed direction on what to do with applications already in the development review process. He stated staff was under an obligation to advise council when new applications came in to advise if the land use proposed was consistent with the plan. He asked Council if a moratorium was needed to allow staff the time to devise the proper strategy to bring these to Council. Following further discussion, Council advised staff to proceed with drafting an interim ordinance. 7. The Council received a report, held a discussion and gave staff direction regarding a Planned Development sunsetting ordinance, which sets time limits on all steps and processes in planned development districts. Herb Prouty, City Attorney, stated that this would place a time limit on all steps and processes in the planned development districts. The concept was that the various stages of the PDs-concept plan, development plan, and detailed plan-all be subjected to time limits. Council Member Kristoferson requested postponement of this item. Consensus of the Council was to postpone this item. 8. New Business This item provides a section for Council Members to suggest items for future agendas. Following the completion of the Work Session, the Council convened into a Special Called Session to consider the following: 1. The Council discussed and took action on the reconsideration of the December 7, 1999 City Council decision related to Annexation Case # A-96, Silver Dome at Cooper Creek, the first reading of an ordinance voluntarily annexing 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. Young motioned, Burroughs seconded to consider reconsideration of the December 7, 1999 City Council decision related to Annexation Case #A-96. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 2. The Council considered approval of an ordinance of the City of Denton, Texas, reconsidering the City Council vote of December 7, 1999, on Annexation Case #A-96, pertaining to the voluntary annexation of approximately 24 acres of land at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to City of Denton City Council Minutes December 14, 1999 Page 6 approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-96, Silver Dome at Cooper Creek) The following ordinance was considered: (FIRST READING) 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) Young motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 3. Consider approval of an ordinance of the City of Denton, Texas, amending and superceding in its entirety Ordinance No. 99-440 establishing a moratorium 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 exemptions. Terry Morgan stated that this ordinance would supercede the ordinance approved last week The following ordinance was considered: 99-473 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING IN ITS ENTIRETY ORDINANCE NO. 99-440 ESTABLISHING A MORATORIUM 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 EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried 6-1. The following individuals spoke regarding the item: Paul Spain, 700 Lakeview Blvd. Denton, spoke in opposition Gene Price, 725 Chisolm Trail, Denton, spoke in opposition City of Denton City Council Minutes December 14, 1999 Page 7 The following individuals submitted comment cards: Dallas Paulsen, 9532 E. Riggs Road, Sunlakes, Arizona- support Jonathan Vinson, 1445 Ross Avenue, Suite 3200, Dallas - opposition David Huffines, 8222 Douglas Avenue, #660, Dallas - opposition 4. The Council considered approval of an ordinance of the City of Denton, Texas establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified commemial development applications prior to adoption of a revised land development code; providing for exemptions. The following ordinance was considered: 99-474 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried 5-2. The meeting was adjourned at 1:47 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON CITY COUNCIL MINUTES January 4, 2000 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members, Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Closed Meeting Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Considered, discussed, and deliberated conceming the location, valuation, purchase price, and possible terms of purchase of a certain tract of real property, consisting of 207.54 acres, more or less, in the J. Douthit Survey, Abstract No. 329, located northeast of the City of Denton, abutting Hartlee Field Road, and being situated in Denton County, Texas; said real property to be possibly acquired by the City for public use by its Wastewater Utility Department. Deliberations Regarding Certain Public Power Utilities Competitive Matters Under TEX. GOV'T. CODE Section 551.086.** Further discussed, deliberated, considered, and provided staff direction concerning the updated Denton Municipal Electric ("DME") financial model; and receive further competitive commercial, financial, and technical information from DME staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented involved issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Consultation With Attorney --- Under TEX. GOV'T. CODE Section 551.071. Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE, Section 551.072. Considered, discussed, deliberated, and provided staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conducted a consultation with the City's City of Denton City Council Minutes January 4, 2000 Page 2 attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. D. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071. 1. Considered and discussed settlement of litigation styled Furstenberg Construction Company v. City of Denton, Texas, et al., Cause No. 98- 20716-158, pending in the 158th District Court of Denton County, Texas. 2. Considered and discussed status of litigation styled Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99-50263-367, pending in the 367th District Court of Denton County, Texas, including mediation and possible settlement authority. Regular Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKiuney Street, Denton, Texas at which the following items will be considered: PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members, Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/PROCLAMATIONS 2. Mayor Miller presented the January Yard of the Month Awards to: Shawn and Terry Kelly Mulkey/Mason Funeral Home 3. Fry Street Small Area Planning Award The Mayor and Council received the award from Karen Mitchell representing the Midwest Section of the Texas Chapter of the American Planning Association. 4. Resolution of Appreciation The Council considered approval of a resolution of appreciation for Bill Giese. Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Cochran City of Denton City Council Minutes January 4, 2000 Page 3 "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. CITIZEN REPORTS 5. The Council received a report from Tom Atkins regarding the city's health insurance. Mr. Atkins presented his issue regarding the City's health insurance in written comments. A copy of those comments was included with the agenda back-up materials. 6. The Council received a report from Mildred Hawk and Raymond Redmon regarding historical bridges. Ms. Hawk and Mr. Redmon stated that they had determined that the City could use two historical bridges and suggested that the funds be found to move the bridges. They encouraged the Council to follow through with their suggestions for the bridges. 7. The Council received a report from Dessie Goodson regarding the City of Denton. Ms. Goodson presented a report on the public transportation system and the schedule that she felt was used during the holiday season. 8. The Council received a report from Ross Melton regarding "You've Got Mail!" Mr. Melton stated that he had sent letters to the Council and to the City and had not received any response to those letters. 9. The Council received a report from Bridger Tatum regarding wastewater billing procedures. Mr. Tatum stated he was concerned about the manner in which the City billed for wastewater. He felt it was incorrect as he was paying more than 20% of the water than he was taking in. He asked that the City review the procedures for individuals who used smaller amounts of water. CONSENT AGENDA Cochran motioned, Durrance seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 5-1 vote. 10. Approved a tax refund to KM Leasing, Inc. The 1999 tax was paid twice, resulting in an overpayment. 11. NO. 2000-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS ENERGY City of Denton City Council Minutes January 4, 2000 Page 4 TRANSFER CO., LTD. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2438 - NATURAL GAS AWARDED TO TEXAS ENERGY TRANSFER CO., LTD. FOR THE MONTHLY CONSIDERATION FOR THE SPOT PURCHASE OF NATURAL GAS) 12. NO. 2000-02 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF BASEBALL BACKSTOPS AND FENCING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2442 - MACK PARK BASEBALL BACKSTOPS AND FENCING AWARDED TO J & J CONSTRUCTION, INC. IN THE AMOUNT OF $121,480) 13. NO. 2000-03 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ORNAMENTAL LAMP POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2434 - ORNAMENTAL LAMP POLES AWARDED TO LONE STAR PRESTRESS MFG., INC. IN THE AMOUNT OF $350 EACH, FOR AN ESTIMATED ANNUAL EXPENDITURE OF $70,000) 14. Approved a recommendation from the Oversight Committee to transfer $70,000 from 1986 sidewalk funds to fund the track route signage on U.S. 380. 15. NO. 2000-04 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK ROUTE SIGNAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2440 - LOOP 288 TRUCK ROUTE SIGNAGE AWARDED TO MICA CORPORATION IN THE AMOUNT OF $69,251.10) 16. NO. 2000-05 AN ORDINANCE APPROVING THE CALENDAR YEAR 2000 ("CY2000") BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 2000-06 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING THERETO SECTION 26-233 "WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN" AND SECTION 26- 234 "CRIMINAL AND CIVIL PENALTIES", ADOPTING A WATER City of Denton City Council Minutes January 4, 2000 Page 5 CONSERVATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTA1N WATER USES; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION AND A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND VARIOUS 20O/o SURCHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R2000-01 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 19. The Council held a public hearing and considered a request to amend the Concept Plan for a Planned Development (PD-115) encompassing approximately 230 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal was for mixed-use development including single-family residential, multi-family residential, commercial use open space and a school site. The Planning and Zoning Commission recommended approval 5-0 with conditions. (Z-99-O61R, Smith Tract Concept Plan) Mark Donaldson, Assistant Planning Director, presented a staffreport on the proposal. Details of the proposal were located in the agenda back-up materials. The Mayor opened the public hearing. The following individuals spoke during the public heating: Tary Arterburn, developer, - favor Roland Payne - favor Cheryl Hassell, 2712 Stephen Drive, Denton 76207 - favor Wallace Duke, Bonnie Brae, Denton, 76207 - favor Dorothy Smith - 3309 North Bonnie Brae, Denton 76207 - favor Dillon Smith, 3604 Lynwood Drive, Arlington, 76013 - favor Rick Gibbons, 327 Westgate, Denton, 76207 - opposed Sherry Darby, 2208 Crestmeadow, Denton, 76207 - opposed Todd Parton, DISD - neutral The following individuals submitted comment cards: City of Denton City Council Minutes January 4, 2000 Page 6 Shawn and LaRae Smith, 2291 Wheat Hill Road, Sanger, 76266 - favor John Smith, 3309 North Bonnie Brae, Denton, 76207 - favor Earla Smith, 3604 Lynwood, Arlington, 76013 - favor Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 - opposed The Mayor closed the public heating. The following ordinance was considered: NO. 2000-007 AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, AMENDiNG ORDiNANCE NO. 86-101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230.11 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDiNG FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDiNG FOR AN EFFECTIVE DATE. (Z-99-061R) Young motioned, Beasley seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus 80% masonry (brick or stone), the submission of a letter of intent for a school site prior to approval of the preliminary plat, no more than 80% of units would be greater than 2 bedroom for a total of 400 bedrooms. On roll vote, Beasley "aye", Cochran "aye", Durrance "nay, Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded with a 5-1 vote. Council Member Cochran left the meeting. 20. The Council held a public heating and considered a request to approve a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. A school site, open space and single-family residential use were proposed. The Planning and Zoning Commission recommended approval 5-0 with conditions. (Z-99-O73R, Smith Tract Detailed Plan) Mark Donaldson, Assistant Planning Director, presented an overview of the proposed detailed plan. The agenda back-up materials included the specifics on the proposal. The Mayor opened the public hearing. The following individuals spoke during the public heating: Tary Arterburn - favor Bill Williamson - neutral City of Denton City Council Minutes January 4, 2000 Page 7 Mayor Miller indicated that the following individuals had submitted speaker cards but did not wish to address the Council: Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 - opposed Cheryl Hassell, 2712 Satephen, Denton, 76207 - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2000-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 193.888 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-073) Beasley motioned, Young seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 4-1 vote. 21. The Council held a public heating and considered a request to amend condition one (1) of Ordinance No. 95-198. The 1.2+ acre property, commonly known as 3912 Teasley Lane, was located at the northwest comer of Teasley Lane and Ryan Road and was zoned General Retail conditional (GR[c]). The amendment would allow auto laundry as a permitted use. The Planning and Zoning Commission recommended approval 6-0 with conditions. (Z-99-085, 3912 Teasley Lane) Mark Donaldson, Assistant Planning Director, presented an overview of the proposal. Details of the proposal were located in the agenda back-up materials. The Mayor opened the public heating. No one spoke during the public heating. The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 95-198 WHICH City of Denton City Council Minutes January 4, 2000 Page 8 ESTABLISHED A GENERAL RETAIL CONDITIONED (GR[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181) ALSO KNOWN AS 3912 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 085) Young motioned, Beasley seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 22. The Council held a public heating and considered adopting an ordinance annexing and zoning approximately 1.5 acres locate west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommended approval 7-0. Second reading. (A-94, Oakmont II, Boundary Adjustment with City of Corinth) City Manager Jez stated that as there was not a full Council present and six votes were required for an annexation, Council could postpone action on this issue. The original intent was to · · th .... schedule a Special Called meeting on January 11 . However, ~f Council faded to act prior to January l0th, the process would be invalidated and would have to start over again. He suggested a Special Called meeting prior to January 1 lth or begin the process over. A noon meeting on January l0th could be held for just this one item. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Durrance motioned, Young seconded to postpone action on both the annexation and zoning until January l0th. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 23. The Council held a public hearing and considered adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommended approval. Second reading (A-95, Oakmont IV, Boundary Adjustment with City of Corinth) City Manager Jez stated that the same conditions applied to this item as for Item #22. The Mayor opened the public heating on the zoning proposal. No one spoke during the public hearing. City of Denton City Council Minutes January 4, 2000 Page 9 The Mayor closed the public heating. Beasley motioned, Young seconded to postpone consideration until January l0th. On roll vote, Beasley "aye", Durrance "aye", Kfistoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 24. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for planning services by and between the City and Denton County Electric Cooperative, Inc. D/B/A CoServe Electric for aerial photography services; authorizing the expenditure of funds therefore and providing an effective date. The following ordinance was considered: NO. 2000-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PLANNING SERVICES BY AND BETWEEN THE CITY AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. D/B/A COSERVE ELECTRIC FOR AERIAL PHOTOGRAPHY SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance of the City of Denton, Texas approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas and the Upper Trinity Regional Water District (UTRWD) heretofore executed on November 20, 1990, extending the term thereof for an additional six month period; authorizing the City Manager to execute said amendment; providing for retroactive effect of said amendment; and providing an effective date. The following ordinance was considered: NO. 2000-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING iNTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT City of Denton City Council Minutes January 4, 2000 Page 10 OF SAID AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 26. The Council considered adoption of an ordinance authorizing settlement of litigation styled Furstenberg Construction Co., Inc. v. City of Denton, Texas, et al., Cause No. 98-20716- 158, currently pending in the 158th District Court of Denton County, Texas; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such settlement under the terms set forth in the attached mediation settlement agreement, and to take such other actions deemed necessary to finalize the settlement and release of claims; authorizing the expenditure of funds necessary to effect the settlement in an amount not to exceed the $23,463.00 previously held in retainage; and declaring an effective date. The following ordinance was considered: NO. 2000-012 AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED FURSTENBERG CONSTRUCTION CO., INC. V. CITY OF DENTON, TEXAS, ET AL., CAUSE NO. 98-20716-158, CURRENTLY PENDING IN THE 158TM DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED MEDIATION SETTLEMENT AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $23,463.00 PREVIOUSLY HELD IN RETAINAGE; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered adoption of an ordinance approving a real estate contract by and between the City of Denton and Mark Kempe relating to the City's purchase of 207.54 acres of real property, more or less, in the J. Douthit Survey, Abstract No. 329, in Denton County, Texas, for public use by the City Wastewater Utility Department; authorizing the City Manager to execute said Real Estate Contract and such other and further documents as shall be necessary and appropriate to consummate the purchase of said real property; authorizing the expenditure of ftmdg therefore; and providing an effective date. (The Public Utilities Board recommended approval.) The following ordinance was considered: City of Denton City Council Minutes January 4, 2000 Page 11 NO. 2000-013 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON AND MARK KEMPE RELATING TO THE CITY'S PURCHASE OF 207.54 ACRES OF REAL PROPERTY, MORE OR LESS, IN THE J. DOUTHIT SURVEY, ABSTRACT NO. 329, IN DENTON COUNTY, TEXAS, FOR PUBLIC USE BY THE CITY WASTEWATER UTILITY DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID REAL ESTATE CONTRACT AND SUCH OTHER AND FURTHER DOCUMENTS AS SHALL BE NECESSARY AND APPROPRIATE TO CONSUMMATE THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 28. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Emory D. Groening relating to the purchase of 0.145 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-014 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EMORY D. GROENING RELATING TO THE PURCHASE OF 0.145 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On mil vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 29. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Eva Elaine, Inc., relating to the purchase of 1.06 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-015 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF 1.06 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. City of Denton City Council Minutes January 4, 2000 Page 12 HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 30. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Charles R. Jackson relating to the purchase of 0.462 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-016 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES R. JACKSON RELATING TO THE PURCHASE OF 0.462 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 31. The Council considered approval of an ordinance of the City of Denton, Texas, amending Ordinance No. 99-474 by establishing exceptions for certain commercial uses from the moratorium established pending the adoption of interim standards for applying policies of the adopted Comprehensive Plan to certain commercial development applications prior to adoption of a revised land development code; providing for a specific exemption for public projects from the commercial development application moratorium; providing for a savings clause; providing for severability clause; and providing for an effective date. Dave Hill, Assistant City Manager for Development, presented an overview of the amendment as detailed in the agenda back-up materials. The following ordinance was considered: NO. 2000-017 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXCEPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS City of Denton City Council Minutes January 4, 2000 Page 13 FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. Bill McCarty, 3912 E. McKinney, Denton 76208, spoke in support of the issue. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 32. The Council considered the following requests for relief from the provisions of Ordinance 99-474, establishing a moratorium to certain specified commercial development applications: Kwik Industries Children's Lighthouse Learning Center Denton Independent School District projects Denton Cancer Center Shadow Brook Place Metzler's Addition Dave Hill, Assistant City Manager for Development Services, stated that Item 32c. was removed from consideration. Council considered Item 32a. Beasley motioned, Young seconded to approve the relief from the provisions of Ordinance 99- 474. On roll vote, Beasley "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded with a 4-1 vote. Council considered Item 32b. Kristoferson motioned, Beasley seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Council considered Item 32d. Young motioned Kristoferson seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Council considered Item 32e. Beverly Stephens, 420 E1 Paseo, Denton, 76205 spoke in favor of the issue. City of Denton City Council Minutes January 4, 2000 Page 14 Kristoferson motioned, Young seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Council considered Item 32f. Kristoferson motioned, Young seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 33. The Council considered nominations/appointments to Boards and Commissions. No nominations/appointments were made at this meeting. 34. Miscellaneous matters from the City Manager. City Manager Jez reminded Council that the Closed Session on January 11th would begin at 5:30 p.m. so that Early Voting could be completed. 35. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Durrance asked for a discussion on self-insured plans for health insurance. B. Council Member Durrance asked for the factors involved for purchase of two county bridges. 36. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 37. The following official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act was taken: Beasley motioned, Young seconded to approve the course of action suggested by the City Attorney in Closed Session. On roll vote, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 10:26 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES JANUARY 10, 2000 The Council convened into a Special Called Meeting on Monday, January 10, 2000 at 12:00 noon in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Cochran, Durrance, Kristoferson and Young. ABSENT Council Member Burroughs 1. The Council considered adoption of an ordinance annexing approximately 1.5 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommended approval 7-0. Second reading. (A-94, Oakmont II, Boundary Adjustment with City of Corinth) The following ordinance was considered: NO. 2000-019 AN ORDINANCE ANNEXING APPROXIMATELY 1.5 ACRES LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance for the second reading of the annexation. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Beasley motioned, Young seconded to adopt the ordinance for the zoning change. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carded with a 5-1 vote. 2. The Council considered adoption of an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommended approval 7-0. Second reading. (A-95, Oakmont IV, Boundary Adjustment with City of Corinth) The following ordinance was considered: NO. 2000-018 AN ORDINANCE ANNEXING APPROXIMATELY 17.2 ACRES LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A CONCEPT PLAN; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 10, 2000 Page 2 Beasley motioned, Young seconded to adopt the second reading of the ordinance. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Beasley motioned, Young seconded to adopt the ordinance for the zoning change. On roll vote, Beasley "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carded with a 4-2 vote. With no further business, the meeting was adjourned at 12:10 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 11, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, January 11, 2000 at 5:30 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Closed Meeting: Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Further discussed, deliberated, considered, provided staff direction, and took action as necessary concerning the updated Denton Municipal Electric ("DME") financial model; and received further competitive commercial, financial, and technical information from DME staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented involved issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. Bo Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Consultation With Attorney --- Under TEX. GOV'T. CODE Section 551.071. Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE, Section 551.072. Considered, discussed, deliberated, provided staff with direction, and took action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conducted a consultation with the City's attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Considered possible property acquisition for relocation of Edwards and Mayhill Roads near State School Road, in the D. Lambert Survey, City of Denton City Council Minutes January 11, 2000 Page 2 Abstract 784, in the M.E.P. & P.R.R. Co. Survey, Abstract 950, and in the G. Walker Survey, Abstract 1330. The Council convened in a Work Session on Tuesday, January 11, 2000 at 6:30 p.m. in the Council Work Session Room in City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. The Council received a presentation from Wallace Duvall, Chair of the Human Services Advisory Committee, and Elinor Hughes, Human Services Advisory Committee member, to discuss potential changes to the funding allocations process. Dan Leal, Human Services Coordinator, stated that the Human Services Committee had been working on a community wide assessment to compile a base-line assessment of community resources and services. The assessment identified gaps in social services that currently existed. Wallace Duvall, Chair-Human Services Advisory Committee, stated that from the assessment, funding organizations would be better prepared to make allocation decisions that would improve the human services delivery system in the Denton area. For many years, funding organizations had struggled in making funding decisions due to the fact that agency applications and testimony were the primary sources of needs data. Elinor Hughes, Human Services Advisory Committee, reviewed the survey that was done for the needs assessment. The Human Services Committee was suggesting a change to the current recommendation process. These changes would target specific human services dollars to meet priority needs rather than funding agencies. A suggestion would be a request for proposal for the dollar needs. Changes would be gradual and some specific amounts of money might be targeted for new priorities. It was not anticipated that deep cuts would be made this year. 2. The Council received a report, held a discussion, and gave staff direction regarding the status of the bridge at Fred Moore Park. Rick Svehla, Deputy City Manager, stated that the City had been working with the County to acquire a bridge for Fred Moore Park. They had been in contact with TxDot to firm up the timing of the bridges and the use of some of their funds. As of Friday, TxDot would be taking bids for the bridges in December 2000. The schedule for moving the bridge would be early spring/late summer of 2001. There was some concern expressed that the current funding would not cover the cost of what was needed to move the bridge and refurbish the bridge. Staff was suggesting that the City obtain one bridge and the County retain the second for use by the County, Denton or another city. Council suggested that staff continue to have contact with the officials at TxDot and the County to keep them aware that the City was waiting for the bridge and eager to proceed with the project. City of Denton City Council Minutes January 11, 2000 Page 3 3. The Council received a report and provided direction regarding division of multiply certified electric service areas. Sharon Mays, Director of Electric Utilities, stated that staff was recommending Option 1 to Council which would be to file under SF7 Section 37.060(b) to request that areas outside of Denton's Feb. 1999 city limits in which DME was certified to serve remain as presently certified. Consensus of Council was to proceed with Option 1. 4. The Council received a report, held a discussion and gave staff direction regarding amending the regulations to allow for expanded circumstances for excused absences from Board/Commission meetings. Jennifer Walters, City Secretary, presented the options for Council to consider as noted in the agenda materials. The ordinance would allow for Board/Commission members to have an excused absence for such circumstances as city-related travel, business travel, jury duty, etc. Consensus of the Council was to schedule the ordinance for formal consideration. 5. The Council received a report, held a discussion and gave staff direction regarding time limitations for council meetings and work sessions. Council Member Durrance stated that he had requested this item be placed on an agenda for consideration in order to debate whether or not to place time limitations on council meetings and work sessions. Items not completed prior to the adjournment time would be moved to the next meeting or dealt with a continued meeting on the Thursday following the Tuesday meeting. Another suggestion was to not have a staff report on issues and to have a set time for both sides to speak on issues. Council Member Cochran felt that the decision making process and public input process declined after midnight. However, public input was very important and should not be diminished. He was not in favor of limiting the amount of time for each side of an issue to speak. He suggested starting earlier on days with a heavy agenda. He agreed with the suggestion to eliminate staff presentations for zoning cases. Council Member Young stated that Council knew the issues for zoning cases but wanted staff presentations for the public and people watching the meeting on television. He felt the briefings were important to the citizens who could not attend the meetings. He also felt that starting the meetings any earlier would exclude working class individuals from attending the meetings. He felt the Council needed to not take so many days off from meetings and that the meetings were taking so long because of all of the days the Council was taking off. Council Member ICristoferson stated that she was not in favor of starting the meetings any earlier and that some staff briefings were needed. She was not in favor of limiting the public's ability to speak at the meetings. She felt Council was the problem for the length of meetings. Each Council Member should not speak over 4 minutes on each issue. City of Denton City Council Minutes January 11, 2000 Page 4 Mayor Pro Tem Beasley did not like the idea of moving items to different agendas and agreed that part of the problem was with the Council. She felt Council needed to keep to the four minute time limit for council members. The only item she would be willing to change regarding public input would be the length of time a citizen was allowed to speak and felt that it could be the same as Council. Mayor Miller stated that much of the time spent during the meetings involved land use and planning issues. He agreed that Council should stay within the four minute time limit and that Council needed to discipline itself. Council was not holding more meetings than in the past but had longer issues to decide. After a lengthy discussion, City Manager Jez summed the Council direction as staffpresentations for zoning items would be limited to location of the proposal, type of request and anything that might have changed from a previous meeting. A timer would be installed to time the Council Members with a buzzer at three minutes and at four minutes. Staff would slow down last minute processes in order to provide better presentations for Council and give staff better time to evaluate the issues. Consensus of the Council was to follow the procedures summarized by City Manager Jez. 6. The Council received a report, held a discussion, and gave staff direction regarding requested information on contracts with minority owned and operated professional service businesses. Jon Fortune, Director of Management and Budget, stated that a historical analysis of minority owned business and professional contracts with the City had been requested by Council Member Young. However, the City did not track that information as it could not be used for the awarding of contracts. Council Member Young felt that the affirmative action program should be able to track this information. City Manager Jez stated that staff could research the information requested but that it would involve a great deal of time to do so. The minority status of businesses and professionals that received contracts with the city was not recorded as it was not legal to award a bid on that basis. Council Member Young felt that the City needed to work more on encouraging minority businesses and minorities in the police and fire departments. The City should seek out more qualified minority finns and hire more minorities in all departments. Council discussed the legal issues involved with local bidders versus non-local bidders and recruitment procedures for employees. Council agreed that the process would continue to be reviewed although no formal issues would be considered at this time. 7. The Council received a report, held a discussion, and gave staff direction regarding the provision and maintenance of Open Space and related amenities. City of Denton City Council Minutes January 11, 2000 Page 5 Ed Hodney, Director of Parks and Recreation, reviewed the agenda materials related to pocket parks and urban green space. He reviewed the provisions of developing public improvement districts to fund and manage improvements through the levy and collection of a special assessment on property. Staff felt that public improvement districts would be an effective tool for the Council to use in achieving its open space and development quality objectives. The recommendation by staffwould be to develop an ordinance and development-related issues for the use of public improvement districts to fired the long-term provision and maintenance of open space and other development requirements, as defined in the revised development code. Consensus of Council was to study what other cities had done in this area, receive developer input, and make a presentation to Council at a furore work session. 8. The Council received a report, held a discussion, and gave staff direction regarding the draft interim nonresidential development standards ordinance. Dave Hill, Assistant City Manager for Development Services, stated that a joint Planning and Zoning Commission/City Council public hearing would be needed for this ordinance. These nonresidential development standards were formatted after the residential standards. Council discussed the pros and cons relative to the interim nonresidential standards ordinance. Until the standards were adopted, the retail and commercial moratorium would remain in effect. Council directed staff to prepare the ordinance for the joint meeting with the Planning and Zoning Commission for January 18th and hold the meeting to consider the ordinance on February 8th at a special call session. 9. The Council received a report, held a discussion, and gave staff direction regarding the draft interim residential development standards ordinance. Dave Hill, Assistant City Manager for Development Services, stated that the purpose of the interim ordinance was to create base densities for residential development and allow limited increases in density in proportion to the developer's willingness to enhance the project. He presented a calendar of next events dealing with the proposed ordinance. Consensus of the Council was to follow the calendar as noted. Following the completion of the Work Session, the Council convened into a Special Called Session. 1. The Council held the first of two public hearings regarding a proposed voluntary annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton. The property was the Denton Municipal Electric generation plant. The zoning at thC tim~ of annexation would be Light Industrial (LI). (A-98, DiME gpencer Road ~eneration plant) The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes January 11, 2000 Page 6 The Mayor closed the public hearing. 2. The Council considered the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: go Item 2a. Business Park on Teasley Lane Lakeview Ranch Centre Place Silver Dome and Cooper Creek Ace Business Park Young motioned, Beasley seconded to grant the relief. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Item 2b. Young motioned, Miller seconded to grant relief. On roll vote, Beasley "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carded with a 4-2 vote. Item 2c. Young motioned, Miller seconded to grant the relief. On roll vote, Beasley "nay", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion failed with a 2-4 vote. Item 2d. Michael Jackson, 600 N. Pearl Street, Suite, 650, Dallas, 75201, spoke on the issue. Durrance motioned, Beasley seconded to deny relief. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried with a 4-2 vote. Item 2e. Kristoferson motioned, Beasley seconded to deny the relief. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carded with a 4-2 vote. With no further business, the meeting was adjourned at 11:45 p.m. JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET A~onda Itom Date AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval ora tax refund to Thomas & Lila Sembera. The 1999 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Thomas & Lila Sembera was paid twice. On 12/29/99 and 1/25/00 checks were received for the same amount of $513.99 for Thomas & Lila Sembera, resulting in an overpayment of $513.99. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $513.99. Respectfully submitted: Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND Collecting office name Collecting tax for: (taxing units) o. DE.TO. OmCE F E B- 8 o. DE.TO. Present mailing address (number and street) 601 E. HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTONt TX 76205 (940) 349-8318 To apply for a tax refund, the taxpayer must complete the following. uwners Name Step 1: SEMBERA, THOMAS & LILA Present Mailing Address (number and street) Owner's name 328 LINWOOD City, town or post office, state, ZIP code iPhone (area code and number) and address DENTON TX 76201-1169 Step 2: Legal description (or attach copy of the tax bill or tax receipt): EDWARDS ADDN, LOT 5 Describe the property Address or location of property: 628 LINWOOD DR Account number of property: Tax receipt number: t30319 OR 9904250457 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Paid Requested Step 3: 1. City of Denton 1999 12/29/99 $ 513.99 Givethetax 2. ~ 1999 ~ ~ 513.99 $ 513.99 payment 3. information 5. Taxpayer's reason for refund ( attach supporting documentation): t999 Tax was paid twice - once by check f~155656 and once by check #1938r resulting in an overpayment *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on Step 4: this form is true and correct to the best of my knowledge and belief.* ~5ignature uate ot application tot tax reluncl: /~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37.10, Penal Code. ...................... ,~ ~ ,_~:~:~ ~:~:~ ............................ ::::::::::::::::::::::::: :~:~:~a:~:~:~:~:~:~:~:~ r- ~:~:~:~:~:~:o ~i~i~i~ z :::::::::::::::::::::::::: ............................. . ............. ~ ............................. ],]-]-].].].],:-].].y].. ......... ::::::::::::::::::::::::: ,.,.....,...,..~.~..,.,..., ~:~ ........................................................ ~ ..... ::::::::::::::::::::::::::::' .......................... :::::::::::::::::::::::::::: . .................................................... ........................... ~ ....................................................... ~:~:~:~:~:~:~:~:~:~:~:~:~:~: :::::::::::::::::::::::::::: =========================== ========================= :::::::::::::::::::::::::: ======================= ............. :::::::::::::::::::::::::::: :::::::::::::::::::::::::::: Z :::::::::::::::::::::::::::: AGENDA INFORMATION SHEET Agenda Agenda Item . / lnn AGENDA DATE: March 7, 2000 DEPARTMENT: Police CM: Michael W. Jez SUBJECT A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Believing that family violence and juvenile delinquency can be attributed to problems rooted in the family, the Police Department identified the need for a pro-active, creative, and effective comprehensive response associated with families experiencing social difficulties. These problems include youth crime, violent, unstable, or conflict-oriented families, and the early identification of children and adolescents at-risk of engaging in violent or illegal behavior and the prevention of such behavior. In 1996, the City of Denton received grant funding from the Criminal Justice Division in the amount of $63,118 for one (1) investigator and associated training and equipment to be dedicated to the investigation of criminal offenses involving family violence and juveniles. The Police Department utilized the grant funding to provide an investigator that has been trained in the investigation of both juvenile offenses and domestic violence. The additional staffing assisted the Department in reducing the recidivism of family violence offenders by 24.8 percent and the recidivism of runaways by 22.6 percent. OPTIONS 1. The Council can choose to authorize the submission of the renewal application for grant funding for year five. 2. The Council can choose not to approve the ordinance. RECOMMENDATION (1) The Police Department recommends authorizing thc submission of the grant renewal application. PRIOR ACTION/REVIEW: The City Council authorized the submission of the original grant application on May 21, 1996. The City Council authorized the submission of renewal applications for year two on April 15, 1997, and year three on February 17, 1998. On June 10, 1998, the Police Department was advised by the State that the resolution was required to contain specific wording regarding the grant period, funding levels, and reimbursement to the State in the event of misuse of funds. On July 21, 1998 the City Council approved Resolution R98-034 to amend the wording to meet the State requirements. The City Council authorized the submission of the renewal application for year four on September 21, 1999. The request was submitted to the Legal Department to draft a resolution for the fifth and final year and the draft is attached. FISCAL IMPACT: This grant program provides funding over a five-year period with the State contribution decreasing by 20 percent each year. This renewal application is for year five and the State contribution is 20 percent and the City's matching funds are 80 percent. The total cost of the program for the fifth year includes the investigator's salary and benefits only. FIFTH YEAR (September 1, 2000 - August 31, 2001) EXPENDITURE STATE FUNDS LOCAL MATCH TOTAL Salary and Benefits $12,624 $59,049 $ 71,673 Res ctfully submitted, Gary L. ~ at eso Chief of Police /7 Lonn/' Famil; sFleerv~c~~ F:~shared\dept~LGL\Our Documents\Resolutions\OO\Criminal Justice.doe RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Police Department's efforts to resolve problems associated with juvenile crime and family violence; and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting continued funding for one (1) juvenile/domestic violence investigator and associated training and supplies to be dedicated to the investigation of criminal offenses involving juveniles and family violence; and WHEREAS, the Council of the City of Denton finds it in the b6st interests of the citizens of the City of Denton, that the Family Services Unit be operated from 09/01/2000 through 08/31/2001; and WHEREAS, the Council of the City of Denton has considered the proposed application for State and Federal Assistance for said project, in the amount of $12,624 to be submitted to the Office of the Governor, Criminal Justice Division; and WHEREAS, the Council of the City of Denton has agreed to provide matching moneys for the said project in the amount of $59,049, or an amount equal to four-fifths of the total project cost as required by the grant application; and WHEREAS, the Council of the City of Denton has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City Council of the City of Denton approves submission of the grant application for the Family Services Unit to the Office of the Governor, Criminal Justice Division (CJP 421) Program in the amount of $12,624.00. SECTION 2: That the City of Denton, Texas, certifies that it is eligible to continue to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for one (1) investigator to be used in the investigation of criminal offenses involving juveniles and family violence and associated training and supplies; SECTION 3: That the 'City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the Criminal JUstice Division of the Office of the Governor, State of Texas, in regard to such grant application. SECTION 4: That the Chief of Police shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. SECTION 5: 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 \\CH-LGL\VOLl~shared\dept\LGL\Our Documents\Resolutions\00\Criminal Justice.doc A;lenda No ^Dendaltem' AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Utility Administration Howard Martin, 349-8232 SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SANITARY SEWER FORCE MAINS AND A LIFT STATION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Preserve at Pecan Creek Partners Ltd. (Developer) is developing the property Preserve at Pecan Creek in the southeast part of Denton (see exhibit I). The topography at the Preserve development requires a lift station to discharge the wastewater flows from the development into the Denton wastewater collection system. The Developer proposed a new lift station to provide service to their development. Staff has worked with the Developer for location and oversize of the lift station and force main to accommodate wastewater flows from the off-site areas of the sewer basin. During the course of this evaluation it was determined that the existing Corinth Lift Station could drain by gravity into the proposed Preserve Lift Station. The feasibility and impacts of possible elimination of the Corinth Lift Station were investigated as discussed below. The existing Corinth Lift Station was constructed in 1965. The original pumps were replaced with larger pumps in December 1994. This was done because there were incidences of overflow and damage to the upstream property resulting in damage claims from the City. Manholes upstream of the lift station were also raised to contain backup from the lift station. The new pumps have improved the operation, however, during wet weather conditions the pumps still cannot keep up with the flows as the original 8-inch force main is undersized for the larger pumps installed in December 1994. This results in backup in the sewer system, odor complaints, and also higher pressures in the 8-inch force main creating greater stress on the 35-year old pipeline. Replacing the 8-inch force main with a 12 inch is estimated to cost $274,819 in Year 2000 dollars. Due to the proximity to the creek, the lift station has been flooded in the past. Also, during heavy rains, water level rises in the creek isolating the lift station. This creates hazardous access conditions. The Developer has indicated a strong preference for elimination of the lift station. To determine the economic feasibility of eliminating the Corinth Lift Station, staff requested the developer to provide cost estimates for two scenarios. The Developer has submitted cost estimates for the following scenarios (See Exhibit III): 1. Preserve Lift Station to serve the Preserve development only. 2. Preserve Lift Station to serve the Preserve development, future contributing off-site areas, and flow from Corinth Lift Station. The cost difference between the above two scenarios is estimated at $170,002.97. As discussed above, replacing just the existing 8-inch Corinth force main with a 12-inch force main will cost $274,819 in Year 2000 dollars. The combined Preserve Lift Station based on Scenario 2 provides several benefits. Future O&M costs are reduced, as there will be only one lift station to maintain. The lift station provides capability to service the needs of the entire contributing sewershed. Eliminating the Corinth Lift Station will enhance the aesthetics of the neighborhood. Economically, it is advantageous for the City to participate in the oversizing, rather than upgrading the Corinth Lift Station and force main. The only disadvantage is the expenditure of oversize funds now. The City's oversize participation cost is estimated at $170,002.97. OPTIONS: $100,000 in bond funds are budgeted for oversizing. Installation of a smaller lift station and force main will limit the area of service and in the future will require the City to upgrade the existing Corinth Lift Station and oversize the force main. The City of Denton Wastewater Department makes every effort to minimize the number of lift stations that we maintain. RECOMMENDATIONS: Staff recommends approval of the oversize participation agreement. PROR ACTION/REVIEW (COUNCIL, Boards, Commissions): January 24, 2000: Recommended by PUB ESTIMATED SCHEDULE OF PROJECT: This project is estimated to be complete by May 2000. FISCAL INFORMATION: There is $100,000.00 allocated in bond funds for the City to participate in Sanitary Sewer oversizing 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 sanitary sewer lines of sufficient size to serve the new area. A copy of FY 2000 CIP is attached. The additional funding for this project will be provided from the Wastewater Bond Fund. BID INFORMATION: None MAP: Exhibit I Prepared by: e Engineering Administrator Respectfully submitted: Jim Coulter ~1 - Assistant Director of Wastewater Utilities Exhibit I: Exhibit II: Exhibit III: Location map Development Contract Cost Estimate The Preserve at Pecan Creek Oversize Facilities ~MS~er I ~ th ~HIBIT I PROJECT NO. CONTRACT NO. THE STATE OF TEXAS § COUNTY OF DENTON § DEVELOPMENT CONTRACT WHEREAS, Preserve at Pecan Creek Partners, LTD. HereinaRerre~edto as"Owne£',whosebusiness ~essis 4000 W. Windsor Drive, Flower Mound, Texas 75028 is the owner of real property located in the c°rPorate limits of the City of Denton, or its extraterritorial jurisdiction; 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, hereaRer referred to as "City"; and WHEREAS, as a condition to the beginning 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, hereaRer referred to as "Improvements", are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] [] WHEREAS, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or Page 1 of 8 EXHIBIT II DEVELOPMENT CONTRACT [] WHEREAS, the Owner elects to make such improvements hereinafter set forth by conmacfingwith Murray Construction Co., Inc. whosebns~essaddm~is 515 N. Kealy Ave., Lewisville, Texas 75057 hereafter referred to as "Contractor", and WHEREAS, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor;, WITNESSETH AS to the improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constmcted at The Preserve at Pecan Creek - Section B & Offsite Sewer Denton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor.. Contractor agrees as follows: (a) Specifications. To conslruct and install the Improvements in accordance with the procedures, specifications and standards contained in Division H and IH of the City's Standard Specifications for Public Works Construction, North Central Texas, as mended, and all addendum's thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances Page 2 of 8 DEVELOPMENT CONTRACT being expressly incorporated herein by reference and being made a part of the agreement as though written herein. 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 hi.q representative. The City Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. Guarantee for a period of one year fi'om 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 be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work 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/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 ev~y reasonable facility for asc~taining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. The Owner, the Contractor and their Slll~ty on the p~tfOmsance bond shall and do hereby warrant and Page 3 of 8 DEVELOPMENT CONTRACT 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 flee from defects in materials and workmanship. Owner, Contractor and their surety as the case 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 l~om the date of final completion and acceptance of the work 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, unauthorized or cond~timed work or materials, or to follow any other request or order of the City Engineer or his ~presentative, 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 t~tnedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the improvements. 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 mended, the provisions of which are expressly incorporated herein Page 4 of 8 DEVELOPMENT CONTRACT by reference; provided, however, for purpose oftlfis prevision only, "Owner", as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's fight 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 conslructed in accordance with City specifications. 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. Mutual Covenants of Owner and Contractor. Owner and Contractor mut-ally agree as follows: (a) Performance Bonds. That if building pen-niB are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply:. The Owner or Developer shall provide a peffo~uiance bond in an mount not less than the amount necessary to complete the improvements, as deteuxfined by the City Engineer, shall be submitted guaranteeing the full and faithfixl 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 Gow.unent 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. If the cost of completing the improvements at the time building pemdts are issued is an amount of $15,000 or less, as detemfined by the City Engineer, cash money in the amount necessary to complete Page 5 of 8 DEVELOPMENT CONTRACT the improvements, as determined by the City En~neer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring 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 (I) year from the date of fi_hal completion and acceptance of the work by the City. Co) Retainage: Final Pavements. [This provision (c) 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 (10) 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 indebtedness has been paid, that all indebtedness 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 have been paid or othenvise satisfied. (c) 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 Improvements, 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 Page 6 of 8 DEVELOPMENT CONTRACT o City in the mount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (d) Indemnification. The Owner shall and hereby does indemnify, defend and save harmless, the City, its officers, agents and employees t~om 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 Conuactor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained 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 comauction of the Improvements. Covenants of Cit3' of Denton. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. Venne 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 t.m~s and provisions of this contract shall be cor~haed in accord_ance with the laws and cotut decisions of the State of Texas. Page7of8 DEVELOPMENT CONTRACT Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, OWNER BY: Preserve at Pecan Creek Partners, LTD. B .(.~< .- _j; _ Oliver H. Murray President / 7 Murray Construction Co., crrY OF DENTON, TEXAS Inc. BY: CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 8 of 8 PROJECT NO. CONTRACT NO. BOND NO. 31-05522 PERFOth'~LiNCE BOhq) THE STATE OF TEXAS § COLrNTY OF DEN-fON § KNOW ALL MEN BY THESE PRESENTS: That MURRAY CONSTRUCTION CO., INC. 515 NORTH KEALY AVE., LEWISVILLE, TEXAS 75057 of DENTON County, Texas, hereinafter called Principal and FIRST COMMUNITY INSURANCE COMPANY AND BANKERS INSURANCE COMPANY a Corporation organized under the laws of the State of NEW YORK and authorized to do AND FLORIDA 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 NINE HUNDRED THIRTY SEVEN THOUSAND SEVEN HUNDRED penal sum of TWELVE AND 72 / 100 - - - ($ 937,712.72 ) dolla.~, lawful money of the United States, for the payment of wkich sum well and ~-uly to be made ~ve bind ourselves, our he~, executors, administrators, and successors, jointly and severally, and firmly by these presets: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract Mth Owner, dated {"~ '~--'&'" , the day of '-i~M~-~/// , ~O-OC), in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the con.sm~ction of: THE PRESERVE AT PECAN CREEK-SECTION B & OFFSITE SEWER, DENTON, TEXAS Page t of 3 PERFORMANCE BOND NOW, TI~.REFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertaldng.s, covenants, t~um, conditions, and agr~ments of said Contract in accordance with the Plato, Specificationq, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, and during the life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, and shall also well and redly cause to be performed and ful ~lled all the covenants, tem,~ 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 worlananship or damage to other work or facilities which shall appear within one year fi:om the date of final completion notice of which modifications to the surety being hereby waived; then this obligation shall be void; othenvise 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 sa~d Surety, for value received, hereby stipulates and agrees that no change, extension o£time, alteration or addition to the t¢,us o£the contract, or to the work per£ormed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on th~s bond, and it doe~ hereby waive notice o£any such change, extension of time, alteration or Mdition to the t~m~s of the Contract, or to the work to be performed thereunder. Page 2 of 3 PERFORMANCE BOND ]AN %VITN~ESS %VH:EREOF, this [n.vmm:~'~nt is executed in triplicate, each on~ of which shaJj be deemed an original, this the ['7 day of , ~-0~). PRINCIPAL SUKETY MURRAY CONSTRUCTION CO., INC. FIRST BY: COMMUNITY INSURANCE COMPANY ATTORNEY-IN-FACT PAULINE L. LE$CH ATI-EST: SECRETARY BANKERS INSURANCE COMPANY PAULINE L. LESCH ATTORNEY-IN-FACT NOTE: POWER OF ATTORNEY OF SURE'IA' M'UST BE AITACKED. DATE OF BOND NfUST NOT BE PRIOR TO DATE OF CONTRACt DATE OF POW'ER OF ATTORNEY. C'ER~CATION MUST NOT BE PPJOR TO DATE OF CON'flRACTOR BOND. Page 3 of 3 PA~qVrENT BOND THE STATE OF TEXAS § COUNTY OF DENTON § K.."NOW ALL MEN BY THESE PRESENTS: co. ~ 'rN, c. of the City of County of DENTON , and the State of COMMUNITY INSURANCE as principal, and FIRST PROJECT NO. CONq'RACT NO. BOND NO. 31-05522 That MURRAY CONSTRUCTION LEWISVILLE TEXAS COMPANY AND BANKERS INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals,' are held and firmly bound unto CITY OF DENTON NINE HUNDRED THIRTY SEVEN THOUAND SEVEN HUNDRED Ox,V1NrEP,, in the penal sum of TWELVE AND 72/100 dollars ($ 937,71 2.72 ........ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assi=~ns, jointly and severally, by these presents: V,%IEREAS, the Principa! has entered into a certain switten contract ~tSth the Owner, dated the {"7-4.,~ da,- o f--~t-~( THE PRESERVE AT PECAN CREEK-SECTION B & OFFSITE SEWER DENTON, TEXAS to which contract is hereby referred to and made a part hereof as fully and to the sa_me extent as if copied at length herein. NOV,', THEREFORE, THE CONDITION OF TI~S OBLIGATION IS SUCH, that i£ the said Principal shall pa}' all claimants supplying labor and material to him or a subcontractor PAY~ BOND in the prosecution of the work provided for in said contract, then tkis obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVEtL that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Surety, for value received, stipulates and a~ees 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, or drawings accompany/ng the same, shall in any way 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. Page 2 of 3 PAYM25Nq' BOND IN %VITNESS x,x,~i-IEREOF, the said Principal and Surety have signed and sealed this instrumenttkis l"~ ~ dayof ~~/~ '-ff't'-lZ2XD MURRAY CONSTRUCTION CO., INC. FIRST COMMUNITY INSURANCE' COMPANY PRINCIPAL SURETY TITLE: ~ ! [P~-l- f~ TITLE: ATTORNEY-IN-FACT ADDRESS: 515 NORTH KEALY AVE. ADDRESS: P. O. BOX 1150 LEWISVILLE, TEXAS 75057 LEWISVILLE, TEXAS 75057 (SEAL) BANKERS INSURANCE COMPANY PAULINE L. LE$CH ATTORNEY-IN-FACT The name and address of the Resident Agent of SureD' is: PCL CONTRACT BONDING AGENCY 206 ELM ST., #105, LEWISVILLE, TX 75057 Page 3 of 3 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to information on companies, coverages, rights or complaints at: 1-800-252-3439 obtain You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'I-I'ACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become condition of the attached document. a part or Power of Attorney 33- 75232 KNOW ALI., MEN BY THESE PRESENTS: That Banker* Insurance Company, a corporation created by and existing under thc laws of thc Statc of Florida having its principal office in thc City of St. Petersburg, Pincllas County, Statc of Florida, does hereby nominate, constitute and appoint: Pauline L. Lesch, Clem F. Lesch, Gary Matula, Steven J. Zinecker, and/or Beverly Webb of tho City of Lewisville Denton County, State of Texas each its ~ue and lawful, Attoroey-in-Fact, with full power and authority conferred upon him to si_gn, ex..e~...t.e, ackn.o.w,l~.g~e~d..deliv~,.fo~r,.~an~d~n~i~ behalf as Surety as its act and deed, any bond, undertaking, consent or agreement, not exceeding Iwo tviduon aha x3Jluo uouars ~a,z,uuu,uou.uu) which this Company may bc authorized to write. Thc Bankers Insurance Company further certifies that the following is a true and correct copy of Article IV, Section 6 of thc By-Laws duly adopted and now in force, to wit: SECTION 6, PRESIDENT. The President shall in the absence or disability of thc Chairman preside over all meetings of the Directors and Shareholders and shall have general supervision of thc affairs of thc Corporation, shall sign or countersign certificates, contracts, and other instruments of thc Corporation as authorized by the Board of Directors, shall make reports to the Board of Directors and Stockholders, and shall perform all such other duties as are incident to his office orare properly required. of him by tho Board of Directors. .::~,,,,,,....... [lq wrrNF.3S WHIBREOF, thc Bankers Insurance Company has caused these pro~nts to be signed by ~ Pr~den, t,'andYff.!~,.Gerl~t, e S~31.to be affLxed by its Secretaty this 23rd dayof August , 1999 . :: t~q'o'~4~' ~l '"~ '"- O. IQ'ist, id'Delano, $ceretary Robert G. Menke, Pr~ldant '-. '. ~: ' · ? : adopte~'byft~.Bblard This Power of ^tmmey is signed and sealed by faesimilo under and by the authority of the following Resolution o,f, D. ir&tors of the Bankers Insurance Company at its monthly meeting held in August 1994. · ........ "" ' RESOLVED, that the signatures of such Officers and tho Seal of the Corporation may b~ affixed to any Power of Attorney or any certified copy thoreof or any certification relating thereto, by facsimile and any such Power of Attorney or any eertified copy thereof, or any certification relating thereto bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in tho future with respect to any bonds, undettaklngs, recognizance or contracts of indemnity to which it is attached. STATE OF FLORIDA ) COUNTY OF PINELLA$ ) BEFORE IvIE, the tmdcrsigned authority, por$onally appeared ROBERT G. MENICE and G. KRISTIN DELANO who acknowledged themselves to be the President and Secretary of Bankers Insurance Company, a Florida corporation, and they as such President and S~'etary being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said secretary alThxed thereto tho seal of tho corporation and attested to the execution of the foregoing insmunent. IN WITNESS WHEREOF, I hereunto set my hand and seal this 23rdtay of Augus C , 19 99 ....: :: MYCOMMIS$10N ~'CC855'/83 ~ My Conunissiofl Expires ,~eto~u~OYF~ ~suen~ ~c _ I, the undersigned, Secretary of Bankers Insurance Company do hereby certify that tho original Power of Attorney, of wllicktthe true and correct copy, is in full forc~ and effecL IN WI 1 NESS WHEREOF, I have hereunto subsc,ribed my name as STretary, and aff'~ll~o seal of the Corporation this (SEAL) ~ O.K.dstin D¢lano, Secretary foregoing is a full, day of ' : ' Power. of Attorney KNOW ALL MEN BY THeE pRESL~rr8: Thai First Community Insurance Company, a corporation c/e~_t~ by and existing under the laws of thc /;tat-' of Florida having its principal office in the City of St. Petersburg, Pinellas County, State of Florida, docs hereby nominate, constitute and Pauline L. Lesch, Ciem F. Leach, Gary Matula, ~nd/or Steven J. Zineeker of the City Of LewiSviile Denton County, State of Texas _~e__h its tree and lawful, Attomey-in-F~t, with full and-~authority conferred upon him to sig~_ ex~.~. ~ac~..wledge .a?.d. behalf as Surety as its ~ct and deed, any bond, undertaking, consent or agr~-mcnt, not exc.-ed__/ng 'lwo ~mmon uonars ann A.vzuu .- which this Company may bo anthoriz~d to write. · ' :: -" :- .: ' .. -. · 7 .'" - The First Community Insurance'Company further certifies that the following is a true and correct copy of ~ VI. Section 4 of the By-Laws duly and all endorsements, :~.migmnants, transfers, stock powers, bond powers or Other in,~nmlents oftrnn~er of ac~m'ities standing in ' ' .-' the'nme of the Co~=tico, t~l all proxies to votu upon or consea~ wi~ ~ tO .? 9f.. ~..m~ of oth? companies at.ding in the name of the Coq)oration may bo signed or eXecuted by the Chairman ofthe Board or by tho IM~sidant or by any other 'officer anthorized to ,i~ such inSmunent by the Chairman of the Board or by tho President or by the Board of Directors.. be affixed by its $cca~tsty this 23rd day of : August . · ' .... , ':' 1999 ..' e, ~..oo.~..~, Resolution aclo'pt~_ ~.k.~_0a~-of. IDtrectors of' This Po~ver of AttainW is signed ~ sealed by facsimile under and by the _mahority of~¢ the First Commumty Insurance Company at its monthly mooting he!~ m. ~ugnst. 19~,~. · :.i..,t~i~=~;;.: ..-':.: ~3: ~. '~' ' .......... ' '"': .~ '.'..7 RF. SOLVF. D, that the $igil~ur~ of such Offies~ and the Seal of tho Corporatmn may bo .ffLxed to any Power of Attorney or any · .. ~.c~tified copy the~of or ,ny codification reistingth~to, by facaimile and any,tach Power of Attorney or any ..e~d co.py . -~. :: .... ~;: !& thct'~of., or ~ ¢al/fi¢agico ~l.~i.g thereto bcering such f-n,,~inil ¢ $i~..,r~.or f~c$'imile r,{~ aimll bo valid and bi~nin~ · 1';i.: Corporation in the futura with Jresi~t to any bends, und ~ .d~n'..~'. gs. r~c~g~i~.c~.or co~, .Ua~ts, 9f ~__~_~._ity to which'it U"-:-~7~hed' .... . .... COUNTY OF pn~1~I2~ ) BF, FO~ I~ the undersigned anthority, po~°nallY applied ROBERT G. ~ and G. KRISTi~ DF_I,ANO who acknowledgnd them.~lves to be th~ ~dent and .~tary of Fh~t CommmlJty instu"~nce Company, * Flo~/d~ coll)Ol"atinl~, and th~,"y as anch ][~ident Presidont and 8eer~ary, and ~t said secr~y ~ffixed thereto tho seal of tho corporation m~i *n~ed to ~O eXecution or me mregom$ msumuan~. IN WITNESs ~IF~OF, I'heremto set my hand and seal this 23rdday of ' - August ; 199.9 I, the undersigned, Secretary of First Community Insurance Company do hereby certify that thc original Power of Attumt% of which the foregoing a fifll, truc and ~om:ct copy, is in full fuwo and cff~;t. . , DATE : TO : Engineer: Specs: Unit Bid Price Schedule February 15, 2000 The Preserve @ Pecan Creek Partners, Ltd. CIO Goodwin & Marshall, Inc. 6001 Bridge St., Suite 100 Fort Worth, TX 76112 Goodwin & Marshall, Inc. The City of Denton ~ CONSTRUCTION CO., INC. Desc. of Work: Sewer, Water & Storm Location: The Preserve at Pecan Creek Section B & O/S Sewer 515 NO. KEALY AVE. LEWISVILLE, TEXAS 75057 (972) 436-4566 FAX: (972) 219-0019 DESCRIPTION Job No.: 99-29 99-26 EXTENDED PRICE 1 10"DR-18 PVC 1 10" SDR-35 PVC Sanitary 2 8" SDR-35 PVC Sanitary 3 4" Sanitary Sewer Service Conn 4 Conn. To Exist. 10" Sanitary Se 5 Corm. To Exist. Sanitary Manhol 6 4' Diameter Standard Manhole 7 5' Diameter Standard Manhole 8 Extra Depth Manhole 9 Abandon Exist. Sanitary Manhol 10 Cap Exist. 10" Sanitary Sewer 11 Trench Safety 12 Metering Station SUB-TOTAL SANITARY 53 I.f, $ 1533 I.f. $ 185 I.f. $ 20 ea. $ 1 ea. $ 1 ea. $ 5 ea. $ 2 ea. $ 25 v.f. $ 7 ea. $ 15 ea. $ 1771 I.f. $ I ea. $ 36.80 $ 1,950.40 35.90 $ 55,034.70 17.65 $ 3,265.25 288.00 $ 5,760.00 750.00 $ 750.00 750.00 $ 750.00 1,500.00 $ 7,500.00 t,800.00 $ 3,600.00 130.00 $ 3,250.00 550.00 $ 3,850.00 250.00 $ 3,750.00 1.00 $ 1,771.00 20,510.00 $ 20,510.00 $ 111,741.35 1 8" DR-18 PVC Water Main 2 Standard Fire HydrantAssembl 3 8" Gate Valve & Boxes 4 1" Copper Water Serv. W/Meter 5 Conn. To Exist. Water Line 6 C.I.R.T. Fittings for Water Lines 7 2" Blow-off Valve 8 Trench Safety SUB-TOTAL WATER 2154 I.f. 4 ea. 3 ea. 20 ea. 1 ea. 0.6 tons I ea. 2154 I.f. 10.95 $ 23,586.30 1,975.00 $ 7,900.00 595.00 $ 1,785.00 365.00 $ 7,300.00 450.00 $ 450.00 3,483.00 $ 2,089.80 550.00 $ 550.00 0.25 $ 538.50 $ 44,t99.60 I 10' Recessed Curb Inlets 2 18" Class III RCP 3 24" Class III RCP 4 Trench Safety 5 Inlet Protection 6 18" Sloping End Section 7 3' x 3' Drop Inlet 8 Standard Type"B" Headwal118" 9 Standard Type "B" Headwal124" SUB-TOTAL STORM 151 Lf. $ 23O I.f. $ 381 Lf. $ 1 ea. $ 2 ea. $ 1 ea. $ I ea. $ I ea. $ 2,580.00 $ 2,580.00 29.00 $ 4,379.00 31.00 $ 7,130.00 0.50 $ 190.50 50.00 $ 50.00 660.00 $ 1,320.00 1,200.00 $ 1,200.00 780.00 $ 780.00 900.00 $ 900.00 $ t8,529.50 1 16" DR-18 PVC Force Main 8210 I.f. $ 33.27 $ 2 2" Air Release Valve 8 ea. $ 1,000.00 $ 3 Concrete Encasement 169 I.f, $ 30.00 $ 4 Tie into Existing Sanitary Sewer 1 ea. $ 600.00 $ 5 C.I.R.T. Fittings for 16" force ma 2.25 tons $ 2,760.00 $ 6 Asphalt Pavement Rem. & Repl 2228 s.y. $ 25.00 $ 7 Lift Station I ea. $ 396,115.57 $ TOTAL LIFT STA. & 16" FM $ ADD FOR DENTON BONDS 273,146.70 8,000.00 5,070.00 600.00 6,210.00 55,700.00 396,115.57 744,842.27 $ 919,312.72 $ 18,400.00 ITOTAL WITH DENTON REQUIRED BONDS: $ 937,712.72I TIME: We will require fifty-five (55) working day to substantial completion. We will require fifteen (15) working days to final completion. NOTES: SEE ATTACHED QUALIFICATIONS AND EXPLANATION SHEET After final engineering specifications are received from project engineer, shop drawings for lift station pumps will be completed within 3-5 weeks. After shop drawings are approved by the city and project engineers, lift station pumps will be delivered within 18 weeks. 02/17/00 i0:51 FAX 214 989 2530 Aon Risk Se~ices o~ TeXaS 271~ N. ~askell Ave.~800 5B~8 Daila~, TX 75204 (214) 989-0000 fax(2~4)989-2580 Murray Construction Co., Inc. 515 No. Kealy Avenue Lewisville, TX 75057 AON-DALLAS TX. {~002/007 THIS CERTIFICATE IS ISSUED AS A M~tgr. r~ OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 'THE COVERAGE AFFORDED BY 'THE ~OLIC[E$ BELOW. COMPANIES AFFORDING COVERAGE A Travelers Lloyds Ins. Cc. s Travelers Zn~e~z~ity Co. C Travelers Lloyds Insur. Co. D Travelers Indemn. Co. of CT I~OICA~. NO~I~HS~AND[NG ~ ~iR~, ~ ~ C~DITI~ OF ~Y CON~T OR OTH~ ~UM~ ~ ~SP~T TO WHICH THtS CE~FICA~ MAY BE ISSU~ ~ MAY ~NN, ~E I~U~CE ~R~D BY ~E ~UCtES D~C~ HER~N 18 ~U~T TO *~ THE ~, ~CLUSI~S ~O COND~ONS ~ UCH ~UCI~. U~ITS ~OWN MAY HA~ ~N R~UC~ BY P~D C~MS. DT~0.209 D 1872-TI,.C-99 DH~AP-2~gO1M4-gg IDTK-UB-20~D17e7.~9 I 07/33,/99 07/33,/00 07/31/99! 07/31/00 07/31/99 OO~..y INJURY i L - - ' Sewer [ Certificate ~o~e~ ;s &zu~=~,,~n~nt~n D~lies in zavor oz policles, ATI~. Waiver o[ ..... - .... Hol~er. SEE ATTA~"~u. of Denton ~ OA~W~Em~C~""~ 22~ N. ~ SU. 02/17/00 10:52 FAX 214 989 2530 -- AON-~ALLAS TX. ~00a/UO? 01/17/2000 Attachment for Certificate of Insurance for City of Denton. City of Denton is an additional insured. The wording in the cancellation section of the certificate states that said policy shall not be cancelled, renewed, or materially changed without 30 days advance written notice being given to the Owner, except when the policy is being cancelled for non-payment of premium, in which case l0 days advance notice is required. "Endeavoring" to mail written notice is not acceptable. The statement that "failure to mail such notice shall pose no obligation or liabilit3: upon the company, its agents, or represenuative" is not to be included on the certificate. G OODWIN ~ ~[ ARSHALL ~ CIVIl. ENGINEERS" PLANNERS '-, SURVEYOR5 PRESERVE LIFT STATION OVERSIZE PARTICIPATION ITEM COST PRESERVE Only Lift Station Lift Station 1 Electricat $43 244.20 2 Pumps S153 176 30 3 Excavation 5108,235.00 4 Paint, Gravel. Fence $22.865.00 Subtotal $327.520.50 Force Main 1 12" DR-18 PV¢ Force main $200,324.40 2 2" Air Release valve $8,000.00 3 Concrete Encasement $5.070.00 4 Tie into Existing Sanitary Sewer $600.00 5 C.I.R.T Fitlings for 12" force ma~n $5.125.00 6 Asphalt Pavement Rem. & Replace $55,700.00 7 Metedng Station $0.0 Subtotal $274,819.40 Total $602.339.90 COMBINED Lift Station $48 68C 03 $201.830 O0 $122,425 CO $23.181 17 $396.116 17 $273.14~.70 $8.000.00 $5.070,0'~ $600.03 $6.210.0C $55.700.00 $27.500.00 $376,225.70 $772.342.87 City Oversize Participation $170,002.97 ~001 B~o~[ STRE~r. SUI?~ 1 O0/FORT WOR?M, EXHIBIT III 2000 CAPITAL IMPROVEMENT PROJECT # 00-0471-01 PROJ TITLE: (G) OVERSIZE SEWERLINES ESTIMATED COST: $100 (x 1000) DESCRIPTION: PURPOSE: GROUP ASSIGNMENT: Money allocated to pay the difference in construction cost of increasing a sanitary sewer line 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. Subdivision regulations dictate the minimum required sanitary sewer line size 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 sanitary sewer line size to meet increased volumes of wastewater due to future growth of new subdivisions and businesses in an undeveloped area. TOTAL IST YR TOTAL 2ND YR TOTAL 3RD YR GRAND TOTAL ENCUMBRANCE DATES: PHASE General Purchase General Purchase Inspection Construction Miscellaneous ENCUMBRANCE TOTAL COMMENTS: ENCUMBRANCES BOND REV AIC OTHER TOTAL BOND CASH EXPENDITURES REV AIC OTHER $100 S0 $0 S0 S100 SI00 $0 S0 $0 $0 $0 S0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 S0 $0 $0 $0 $0 $100 $0 $0 $0 $100 $100 $0 $0 $0 Encumbered as spent. DATE AMOUNT OBJECT # Asspent $I00 9138 $100 TOTAL $100 $0 $0 $100 7/1/99 9:49 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SANITARY SEWER FORCE MAINS AND A LIFT STATION 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 sanitary sewer force mains, and a lift station, to be designed, installed, and constructed by The Preserve at Pecan Creek Partners, Ltd., in an amount not to exceed One Hundred Seventy Thousand Two Dollars and ninety-seven Cents ($170,002.97), 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 Sanitary Sewer Force Main and Lift Station Cost Participation Agreement Between the City of Denton and The Preserve at Pecan Creek Partners, Ltd. for the oversizing of approximately 3,980 linear feet of on-site and 4,230 linear feet of off-site sixteen inch (16") sanitary sewer force main, a lift station, and all necessary appurtenances thereto; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to The Preserve at Pecan Creek Partners, Ltd., 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\OO~Sanitary Swr Force Main & LS Cost Particip Agnnt-Preserve~PecanCreekPtnrs.-ord.doc THE STATE OF TEXAS § COUNTY oi~' bENTON § SANITARY SEWER FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. WHEREAS, The Preserve at Pecan Creek Partners, Ltd. hereinafter referred to as "Developer", whose business address is 4000 West Windsor Drive, Flower Mound, Texas 75028 wishes to develop and improve certain real property named "THE PRESERVE AT PECAN CREEK" (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 collection' capacity by designing, constructing and installing a sanitary sewer force main of an inside diameter of twelve inches (12"), and a lift station, hereinafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKiuney, 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 sanitary sewer force main and lift station to provide for an "oversized" sanitary sewer fome main to expand its utility system and insure adequate utility service to other customers; NOW,' THEREFORE, ih 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 3,980 linear feet of on-site and 4,230 linear feet of off-site sixteen inch ("16") fome main and lift station 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, ali 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. C~y-'s share in the cost of the Oversized Facilities is 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 One Hundred Seventy Thousand Two Dollars and ninety-seven Cents ($170,002.97). City may elect one of the following methods to determine City's share of the cost: Developer shall prepare plans and specifications and furnish 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) $170,002.97, 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, s6il, 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 fight 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. 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~A-S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: - "DEVELOPER" THE PRESERVE AT PECAN CREEK PARTNERS, LTD. :kTTEST: S:\Our Documcnts\Contra¢~\OO\San{ta~ Swc Force ~n & LS Co$~ P~¢~p ^~t-Pr~¢rv~{~)P¢¢~n.do¢ Agenda No. Agenda Item // AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Utility Administration Howard Martin, 349-8232 .SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD. FOR THE CITY'S PARTICPATION 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 BACKGROUND: The owner is developing Ryan Ranch property north of Hickory Creek Road and west of Monticelo Dr. (see exhibit I). This development is extending 8-inch waterlines within their development. The City has requested the developer to oversize the waterline in the western street River Pass Lane from 8-inch to 12-inch and provide a stub-out to the northwest comer of the property to provide connection for any future developments without having capacity and demand issues. The City's participation for the oversizing of the waterline is in an amount not to exceed $26,307.00 OPTIONS: Funds are available for the oversizing of the waterline. Installing an 8-inch waterline will limit the service and will require City to nm parallel waterline to the 8-inch waterline for any potential future growth. RECOMMENDATIONS: The developer has submitted a request for oversizing participation based on the actual construction prices provided by the contractor (exhibit III). This amount has been examined by the staff and found to be reasonable. Staff recommends City's participation in oversize agreement with the developer. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, and COMMISSION): January 24, 2000 recommended by PUB ESTIMATED SCHEDULE OF PROJECT: This project is scheduled to be completed by April 2000. FISCAL INFORMATION: There is $100,000 allocated in bond funds every fiscal year for City participation in waterline oversize agreement. When a developer extends or installs 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 service the new area. A copy of the FY 2000 sheet is attached. BID INFORMATION: None MAP: Exhibit I Respectfully submitted: Tim Fisher Assistant Director of Water Utilities Prepared by: P.S. Arora Engineering Administrator Exhibit I: Exhibit II: Exhibit III: Location Map Development Contract Cost Estimate 2550 I.f. of 12" water line oversized from 8" ~_..~..1 PALO VERDE VISTA LEGEND ~VWater Lines ~ Streets Scale 1"=400' Ryan Ranch Oversize Water Line PKOIBCT NO. CONTRACT TI-IB STATE OF TEXAS § COUNTY OF DBNTON § DEVELOPMENT CONTRACT Vt;H~REAS, Ranch Ventures. Ltd. Hereinafter referred to as "Owner", whose business address is Piano, Texas 75093. 1401 Burnham r3-rivm , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and WltEREAS, Owner wishes to develop the property and such development must be performed in aceordanee with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and WHEREAS, as a condition to the begLnnlng ofcomt,ucfion 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 "Iuiprovements", are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] [] WF[EREAS, the Owner elects to coust~ct the Impmvernents without contracting with another party as prime contxaetor, in which case the provisions of this c0ntraet which refer to "Owner" o: "Contractor" shall mcan the Owner as named above;, or Page 1 °f8 EXHIBIT Il DEVELOPMENT CONTRACT WHEREAS, the Owner elects to make such improv~nents h~¢inattm' set forth by contracting with s & s Utilities, Inc. whose business adckess is 1317 w. Oakdale, Grand Prairie, Texas 75050 hereafter referred to as "Contractor", and 11rI-IE~AS, Owner and Contractor recognize that the City has an interest in ensuring that the imprOvements subject to this agreement, which ~ upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's'specifications and that payment is made therefor, WITNESSETtt AS to the improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by refereuce, to be installed and constructed at Ryan Ranch Phase I the £ ~ner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: I. Covenants of Contractor.. (a) Specifications. Contractor agrees as follows: To comhact and install the Improvements in accordance with the procedure% specifications and standards contained in Division ri and i11 of the City's Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendam's thereto, and all other regulations, ordinances or specifications applicable to such Impmwments, ~uch speciticatiom, standards, regulations and ordinances page 2 of 8 DEVELOPMENT CONTRACT being expressly incorporated herein by reference and being made a part of the agreement as though written herein. 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 En~neer or his representative. The City Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. G-~rantee 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 flee fi.om defects in materials and xvorkmanship. Owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work guarantee for a period of one year fi.om the date of final acceptance all work as called for in the specification and contract documents to be free fi.om 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 ascerta~ing whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materlal~ treed without maltable haspectlon by the City may be ordered removed and replaced at Conlraetor's expense. The Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and Page 3 of 8 DEVELOPMENT CONTRACT guarantee for a period of one y~ar from the date o£final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmamhip. Owner, Contractor and their surety as the case may be shall remedy any such defects in materals and workmanship and pay for any damage to the work or to other work or facilities, which shall appear within one year fi.om 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 ~na! 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 work by the City. Upon failm e of the Contractor to allow for inspection, to test materials fum/shed, to satisfactorily repair, remove or m-place, if so directed, rejected, unauthorized or condemned work or materials, or to 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 ~ecaedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the improvements. Insurance To provide for in~qurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the §~andard gpeeifieatlons for Public Work~ Construction, Norfla Cen~xal T_fl.exas, as amended, the provisions of which are expressly incorpo..,x, ted herein Page40f8 DEVELOPMENT CONTRACT by reference; provided, however, for purpose of this provision only, "Owner", as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of constnmtion nhal! be such as Contractor may choose; subject, however, to the City's r~t to reject any Improvements for which the means or method of construction does not, in the judgrnent of the City Engineer, assure that the Impmveaiarts 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. Mutual Covenants of Owner and Contractor. muB, alJy agree as follows: (a) Owner and Contractor Perfomance Bonds. That if building permits are to be issued for the development prior to compl~on and acceptance of all improvements that are to be dedicated to the public, the following security requirerments shall apply: The Owner or Developer shall provide a performance bond in an mount not less than the arno,mt necessary to complete the improvements, as detcmfined by the City E~neer, shall be submitted g~,aranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be ia fav~ 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 oftl~ Texas Gowrament Code. The Owner and his Contractor.qhall ~sign any and all rights in the bond to the City at the time the improvements are tramferred to and accepted by the City. If the cost of completing the impro,~¢xuents at the time building permits are issued isan mount of $15,000 or less, as detea'mined by the City Engineer, cash money in the amount necessary to complete Page 5 of 8 DEVELOPMENT CONTRACT Co) (c) the improvements, as det~ined by the City Eu~ineer, may be deposited with a bank or escrow agent purs~nt to an escrow agreement ensuring completion of*he improvemeut.~ without exception, the City's escrow agreement form shall be used and the escrow agreement .~hal! temain in effect for one (1) year fi.om *he date of final completion and acceptance of*he work by the City. Retainage: Final Pavements. [This provision (c) 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 (10) percent of the total dollar amount of*he contract price until after final approval or acceptance of*he 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 alt indebtedness ba~ been paid, that all indebtedness ,:onnected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the peffoxmance of the work have been paid or otherwise satisfied. Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the improvements shall become the property of the City flee and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, 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 Page 6 of 8 DEVELOPMENT CONTRACT 3~ o 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 encumbrance. (d) Indemnification. The Owner shall and hereby does indeamify, defend and save harmless, 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 construction of the improvements; and shall pay any judgment, with costs, which may be obtaine4 against the City growing out of such injury or damage. (e) Agreement Controlling. That the provision of this agreement shall control over any co, flicfing provision of any contract between the Owner and Contractor as to the construction of the Improvements. Covenants of City of Denton. That, upon proper completion of the Improvements in accordance with th~s agreement, the City agrees to accept the Improvements. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and fi.legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The tunas and provisions of'this contract .~hall be construed in accordance with the laws and court decisions of the State of Texas. Page 7 of 8 DEVELOPMENT CONTRACT Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, CONTRACTOR ATTEST: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY', CITY ATTORNEY CITY OF DENTON, TEXAS Page 8 of 8 PROmCTNO. ~o,>0~O 1 C0m N0. So. PERFORMANCE BOND Bond No. 6022524 THE STATE OF TEXAS § COUiNT¥ OF DENTON § KNOW Ar,T. MEN BY TI-~SE PRESENTS: S & S Utilities,Inc. 1317 W. Oakdale, Grand Prairie, Texas 75050 ::: of Dallas Cot~ty, Tcza.¢, he,:iuaf[er called Principal mad SAFECO INSURANCE COMPANY P.O. Box 833960, Richardson, Texas 75083-3960 a Co~ox~fion orgardzed under fine laws of~ae S~ of Washington ~ld aufiao~zed to do b~s ~ ~e State ofT~ h~ ~ "S~', ~ held ~d ~y bo~d ~to ~e Ci~ of Dento~ Text, a M~cip~ Co~o~o~ ~ Dent~ Co~, Text, h¢r~ ¢~led "Ci~' ~ ~e ~e ~llion Five H~dred Forty p~ s~ of S~. . ~ous~d. . .._ ~ ~Seven Hundr~. 1,546,780.00 ) doily, la~ money of~e U~t~ S~t~, for~ pa~t ofwMch ~ we~ ~d ~y to be made w~ b~d a~elves, o~ 0fw~ ~¢ Ci~ ofD~t~ T¢~-¢~ h~¢ ~ ~t~ a coW ofw~ch ~ h~ a~h~ ~d m~¢ ap~ ' WateE~ SmitaU ~ewer and Stom Drainage to Se~e Page 1 of 3 ' Ryan Ranch Phase Denton, Texas 1NOW, TI~.REI~ORE, if thc Principal shall well, truly, and faithfully causa to bc pc'ffonncd and ful~IIed all of the undertaking, covenants, t~rm% conditions, and agrccmc-nts of said Contract in ~cordancc with the Plans, Sp~cifica~dons, and Contract Doc~m~nts during the o~I te~'~ thereof, and any extension thereof which may be ~m-ant~d, with or withou-t notice to thc surety, and during thc life of any ~ranly required under thc Contract, wh/ch is incorporate4, as if writtma word for word herein, and shall also well and truly cause to bc pcrform~ and fulfilled MI the covenants, terms and conditions and agreements of any and all authoriz~ modificaions of said Contra~t that may hcrcaf£er b~ made [u¢luding without Iimir~t~on, to remedy and pay for any defects in mater/al and ..- workmanship or ,t~,nagc tc ocher work or fm:ilitics wMch sMll appear within orlc year fron', the rl~*e of final completion notice of which mod. ificmions to th~ surety being hemby',va/ved; then this obligation shall b~ void; otherwise to r~rrmin in full force and effact PROVIDED, further, tha~ if any legal ac6on be/iled on this bond, venue shall lic in Dcn~on County. "' AND, that said Surety, for value received, hereby stipulat~ and agrees that no change, extension oftirae, alteration or addition to the t~rns ofth~ contract, or to the work performed thereunder, or thc PI~, Specizicazions, Drawings, etc., accompanying the sane shall in any wise affec~ irs obligation on th/s bond, and it does hereby waive notice of any such change, e,'a~'nsion of time, altm-ation or addl.'tion to the t~,,~ of tM Contract, or ~o the work to bc pczform~ thercunda-. Page 2 of 3 PSRFORMANCE BOND PRINCIPAL SUR2TY S & S UTILITIES, INC. SA~ECO INSURANCE COMPAN~ OF AMERICA · ~TTOP,~p~r.~q_~CT Linda Spratt ATTEST: SECKET~AR-y P NOTE: POV~ER OF ATTORNEY OF SURETY M%JST BE .ATTACHED. DATE OF BoND B~JST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF ATTORNEY. CElt~CA~ON MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. Page 3 of 3 THE STATE OF TEXAS § COUNTY OF DB~TON § PAYMENT BOND · aO:ECTNO. D ooo- o 1 co cz No. $op Bond HO. '6022524 KNO'W ALL MEN BY THESE PRESENTS; 1317 W. Oakdale of the City of County of Dallas , and the Smt~ of That s & s Utilities, Inc. Grand Prairie Texas as pHncipal, and SAFECO INSURNCE COMPANY OF AMERICA, P.O...Box 833960, Richardson,TX '" ' ' 750~3-3960 authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton, OWNEK, in the penal sum of One Hillion Five Hundred Forty Six Thousand Seven Hundred Eighty and No/lfiibl].ars ($1,546,780.00 ) for the payment whereof, the ' said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and s¢.v.¢rally, by ~'.ese presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, Water, Sanitary Sewer and Storm Drainage to Serve Rayn Ranch Phase I, Denton, Texas to which contract is hereby referr?d to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREPOR.E, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution ofth~ work provid:d for in said contract, then this obligation sha~ bc void, . .oth~'wkse to remain in faU for~e ~ud cfi:ct; PROV/DED, HOWEVF, R, that this bond is executed pursuant to the prov~siorm of~hc TeXS. S Government Code, Chapter 2253 (Vernom, a~ curmntIy amended), mud all Habil~t~cs on dfs bond shai! be dztcnnined Lu accordance with sa{d provisions :o thc same extent ~s ifth'ey were copied at Icng[h here. in. Surety, for value received, sbpUlates and aD'ecs tb~ no change, extension of:h73:, aiterabon or addison to the te~m$ of the contract, Or to thc work perfofr~ed th:round,-r, or the plans, spccLfica6ons, or drawings accompanying the s~me, ~hali in mty way affect its obligation on tb2s bond, and it does hereby '~v'e nd~ide t~i4n'y such change, exten'sion o£dm¢, alteration or addition to the terms of the contract, or to the w. ork to be pet:formed thereunder. Page 2 of 3 PA~ BOND IN WITNESS wI-rE, P~OF, the said Principal and Surety tmve sign.=d ~ud seale, d this S & S IYrILITIES, INC. PRINCIP.~L SAFECO INSIrRANCE COffPANY OF AMERICA SURETY ADD.q~SS: 1017 ~. Oakdale Grand Prairie, Texas 75050 TITLE; Linda Spratt, Attorney-in%F~dC' ~i~Di~SS: P.O. Box 833960, Richardson, Texas 75083-3960 The name mud address of the Resident Agent of Surety is: MAXSON-MAHON ~¥ -TURN-ER, INC. 8610 King George Drive, Dallas, Texas 75235 Page 3 of 3 POWER 5; A F E C O' OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HCME OFFICE: ..C;AFECO $EA3-J'LE, WASHINGTON 98185 No. 3318 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby ~ppoint *****************DAVID O. TURNER; HAtEEY I. BROWNI_~E; STJEVEN W. POND; STEVEN A. GUCICEi~-H~E'vIER; MICHAI[L DWIGHT WILLIA~MS; L1NDA SPI~ATT; its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company therebY. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this R.A. PIERSON, SECRETARY day of May , 1999 W. RA.NDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Art[cta V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President~ the Secretary, and any Assistant Vice President appointed far that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appmpriafa titles with authority to · .-xecute on behalf of the company t~deltty and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or unde~aking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolu~/on of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions df Article V, Section 13 of the By-Laws, and (ii) A cepy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile theraof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pureuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand aBd affixed the facsimile seal of said corporation day of , SEAL PIERSON, SECRETARY S43974/SAEF 7198 ® Registered trademark of SAFECO Corporation. ITEM 1.26. 1.26.2. 1.26.3. INSURANCE: 1.26.1 CONTRACTOR'S INSURANCE: Without limidng any of the other obllgatior.~ or li-5flities of the CONTRACTOR, dm-ing the term of the contract the CONTRACTOR and each subcontractor'at ?heir own expense shall purchase aM a maintain the hereto supulated rmmmlllll InSUrance with compames du~,;- am~roved to do business in the State of Tzxas and satisfactory to the OWNER. Ce~ificates of each Policy shall'be d' elivered to the OWNER before any work is started, along with a written statement fi:om the issuing company stating that said policy shall not be cancelled, nonnmewed or materially changed without 30 days advance written notice being given to the OWNER, except when the policy is being cancelled for nonpayment of premium, in which case I0 days advance written notice is required. Prior to the effective date of cancellation, CONTRACTOR must deliver to the OWNER a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated in Appendix A.2. Coverage shall be of the following types and not less than the specified (a) Co) worker's compensation as required by Texas law, with the policy endorsed to.provide a waiver of subrogation as to the OWNER; employer's liability insurance of not less than $I00,000 for each accident, $100,000 disease-each employee, $500,000 disease-policy limit. Commercial general 1/ability insurance, including independent contractor's liability, completed operations and eontraetnal liability, covering, but not limited to, the liability assumed under the inderrm/ficafion provisions ofthls contract' fully insuring CONTRACTOR'S (m subcontractor's) liability for injury to or death of OWNER'S employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: General Aggregate $1,000,000 Products - Components/Operations Aggregate $1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600,000 Fire Damage (any one fire) $ 50,000 Medical Expense (any one person) $ 5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if thi~ project involves work with asbestos) and XCU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one (1) year after final completion and acceptance of the work, with evidence of same filed with OWNE1L (c) Comprehensive automobile and track liabiiity insurance, covering owned, hired and non- owned vehicles, with: combined bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. OWNER'S PROTECTIVE LIABILITY INSURANCE: coz, rrR.~cToR shall obtain, pay for and mainta~ at all times during the prosecution of the work under this contract, an OWNER'S protective liability insurance policy mining the OWNER and the Engineer as insureds for property damage and bodily injury, which may arise in the prosecution of the work or CONTRACTOR'S operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same ktmrance company that carries the CONTRACTOR'S liability insta'ance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. "UMBRELLA" LIABILITY INSURANCE: Ifrequked by OWNER, CONTRACTOR shall obtain~ pay for and maintain umbrella liability insurance during the contract term, insuring CONTRACTOR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverage's required hereinabove. The policy shall provide "drop down" coverage where underlying prlma~y insurance coverage limits are insufficient or exhausted. OWNER and Engineer shall be named as additional insuxeds. SPECIFICATIONS AND CONTRACT DOCUMENTS RYAN RANCH PHASE I IN THE CITY OF DENTON, TEXAS NOVEMBER 1999 BY RANCH VENTURES, LTD. 1401 Burnham Drive Piano, Texas 75093 PI~EPARED BY: CORWIN ENGINEERLNG, INC. 200 W. Belmont Drive, Suite E Allen, Texas 75013 J "SECTION Itl WATER & SANI'I'A,I.I.Y I:'AY AI>I,R()X I)E$CRIPTI:f)N t')P I'I'ENI.q WITII BID I'I'I,:MM I'IJlCE PER FI(;UI4[,]S ITEM QUAN. WRITTEN IN We)RD.¢'; IJN}'I' 'rOT^10 3. I ,{'z'00 L.l:. I~" ,t"VC (/X W¥¥z\ C900) '.~.:Hcr xv'ith t}tt>ckin$ ].] 10,300 I..F. W' P¥C' (AW'~/A (.'~0()) l~;Hcr with bh,ckinB and 3.3 10 [{ach 12" (late Valve (AWWA C500) aud box complclc and 3.3 27 Each 6" Gale %dye (AW~V.-X C300J and b~x comptcte and irt 3.6 27 Each Furnish and install standard tlre hydrant (AWWA 3.7 I L.S. Cast iron {]Iliads uon~pJelc and [l~ place lbr the sum 3.8 201 Each Furnish and install COlllpr[SSiOI1 ¢orporat{onstop, copper/ubin~ {" compreS~iol~ fitting Dollars and ~ ~ Cents.per Each. S~%. 3.9 I Each Furnish and install Air Release Value complete and in p{ace for the sum of: and ~ a Cents per Each. 3. I 0 I Each Furn{sh and ~nst~tl 12" x 1 2" Tapping Sleeve and Valve comp[e£¢ ~,nd in pluc~ ~or [h~ sum o~: 3. I I 23 i6 L.F. 15" PVC sanitaO, sewer pipe whh cmhcdmcm ~nd tn place [~)r thc sum oi': ~umplcLc ;md h~ place I~r thc sum o{': , ~ - and ' . ..... Coals per I..F. 3.12 (, 1100 I..F. i2" PVC s~ita~' sewer p[pc ~'~ cmbudm~nlcompictc and in plac~ l~r fl~- ~um 3.13 6700 L.F. 8" PVC SDR 35 Sinai[aW scxvcr pipe with f~r thc sun] Ot~ and __ ~ C.~nts per Each. S[.~._~. ~. I. 2 Each Construct 5~ Dinmm~r Drop ~lanhulc c~,mplctc pl0cc forlhc Sum and.. ~ ....... C~ms per Each. S~,~ S~lqq .~ 3. [6 [ 0 E=ch Construct 5' dimnmer mm~holc complete and in [br thc sum . ' ~~ Dollars and ~ ~ Ceres per E~ch. 3. [7 201 E~ch Furnish end install 4" s~nlm~ sewer service complete =nd {n pl~c~ t~r the s~m ~d ~ ~ Cen{s per Each. S~.~ 3. IS ] L.S. Construc~ 5' n~nhole over exisdng {5" san{m~ sewer complete for the s~m or': and ~J~ ~ Cents per L,S, 3.19 I L.S. Constnmt s~ila~ sewer aerial crossing over Hicko~ C~k c~mplete and For the sum ~~~ ~~ Dolla~ Cents per L.S. *]8 I II I I i SO 0~:47 FI~OH:S & S INC. ~7883796~0 T0:S403498376 PAGE:005/009, )EC:' " .-- 3.20 [ L.$. Trench s~=ty program for open ditch excavation For the sum of: 3.2i J L.S. Payment and Per¢o~ance Bonds tbr ~e sum of: !9 .J SECTION IV 1)RAINAGE PAY ,4.PPROX DESCRIPTION OF ITEMS'WITII BID ITEMS PRICE,PER FIGURES ITEM QUAN. WRITTEN IN WORI)S UNIT TOTAl. 4. I 950 L.F. Famish and install 10'x?' reinforced concrete box culvert complete and in plac~ I~r Ihe sum oil 4.2 (',, 337 L.F. Fumlsh and install 10'x6' rein forced Concrete box Ca]h Cf1 complete and in place tbr fl~e sum 4.3 21 ~ L.F. Furnish and install d8" Class tH tongtm and groove re .~lbrced concrdte pip~ wi~h embedment complete and ia ptuc¢ the the sum or: 4.4 50~ L.F. Furnish and install 27" Class III tongue and groove rein tbrced cencrete pipe ~ith cmbcdment complete and in place t~r thc sum 4.5 333 L.F. Furnish agd insmf121" Class Ill toagu~ and groove r~intbrced concrete pipe with ~mb~dmcnt complete and in place t~r the sum 4,6 35 L.F. Furnish ~nd install 18" Class Ill tongue and groove r~in forced concrete pipe with embedmenl complete and in place ~or the sum 4,7 ?I2 L.F. F~mish and install 30" HDPE s[o~ sewer pipe with ~tbedmcnt complete ~d in plsce For the sum and ~ ~, ~ Cents per L.F., ,, 4.8 862 L.F. Furnish and install 24" HD?E srom sewer pipe with embedment complete ~d in place [or ~he sum off 2O ....... TO: 94034983'7[5 PAGE: EIOT/00-c~',~ ':-i~-9"8~l~48i~JFRgM:S ~,'~-~'~RE?~ 97883796rg:O:-u~.;~ ~.:..,:..r,c:~-.r.,; '~'~-- '-', mr~ 12375 3 £aeh 4. i 2 { ~ Each inl¢: ..v~'~ I0' ~ong .:'.,b o~¢.~n~ :.-;..mpie:c an~ in piac~, for the scm of: and in piac~ for t~?. sum. or': ~d -~ · ~" ~0 ...._._..._._.._.~;n}s .~..:.r Each, 4,13 ! Each ,~. a ,,Y Each Famish and. L~s~il s:~'n, cara re.ntcr~.,- J comvi,~, for ~h* s~ ~: -- -' +- for thc ~m and ~ C~I5 ~ Eac~ Cons~am24" He~'~'aitco~:~ r%f :h~ sum s~?~c~?, s~t~c~.- s t:oco." 21 -99 09:48 FROM:S ~ S INC. 97~379690 · ~ ~ )EC~89.99~10:48 ~ROM:S & S INC. 9788379~90 T0:9_~4983~ PAGE:008x003 ¥. I ~nsmll..~o~crmc rip-r~O compline and b pbc~ ~r ~ ~ and _~ .... Ccms per S.Y. $._~...~ 4.20 200. S.Y. Inslall grouted rock rip-rnp ( 12" min.) complete ~nd place fbr Ibc sum nE Do}mrs Cents per S,Y. 4.2I ~. J [,,S. Construct concrete h~dw~l}, and w~n~watls ~t .qea. ~ K ~~ l)o)l:irs 4.22 I LiS. Constmcl concrete 6' x 6'jtmction box complete and in )JUC~ ~or [)l~ Stl~l a~d ............. ~_~ .......... ~ .... C~,,~s ~,r L.S. S ~0.~ S ~0.~ and ... ~- ~.. ~unm per E~d~. S ~Z~ '.~ S.~.~z.~ 4.2 ~Each Construct' 5' diameter s~om~ sewer manhole complete ~ ~,' ~nd fn place tbr the sum nE Eac , Const~ct 4' diameter sto~ sewer manhole complete · and in place ~or the sum nE and 2~ Cams per E~ch. ~.2fi 4 Each Construct 48" dimne~er access m~nhole comp)eta and in place For the sum of: and Z~ Cefits per Each. $ ~O,~ $ ~0.~ 4.27 3400 S.F. . Construct concrete retaining wall and de to proposed wmgwa]ls complete and in place 1~ the sum nE ~iX~~ ~ ~~ Dollars and 7 ~ Cents per S.F. $J~.~ S ~-~ TOTAL SECTION IV ~E~-~_~-9~ 18:49 FROM:S ~ S INC. 9-~88~79~90 T0:9~-~498376 PAGE:OO3xOOJ TOTAL SI~C'I'ION II TOTAL, SF. CTION 111 TOTAL SECTION IV i.. TOTAL BID s ~ ) ~.A~ (q ~F'c). oz~ Maxson-MahoneT-Turner, Inc. 8610 King ~eorge Drive Dallas, TX 75235-2292 (21%) 630-5959 N~R~ STEVE SALSBURY, S & S UTILITIES 1317 W. OAKDALE GRAND PRAIRIE INC. DBA TX 75050 .!~/! .... : :~.~ :..: ..~i:~:~ii..,::::!!~::!!i~!~!!:!!:,:!!:,..~:!~!!!~,~i:i~: :; 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 COUPANY A COMPANY B COMPANY C COMPANY D WHITE MOUNTAINS INSURANCE THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED, NO~NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE 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, TY~E OF IN~JRANCE GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY CLA~ MADE [xl OCCUR O'WldER~ & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOE; SCHEDULED AUTO~ HIRED AUTO~; NON-OWNED AUTC~ GARAGE UABIUTY ANY AUTO EXCESS UABLq'Y UMBRELLA FORM 013'iER 'IHAN UMBRELLA FORM ARE: I I EXCL POUCY NUM~ .142CP000118 ~142CA000118 ,142CU000118 DA11[ (MM/DD/YY) o8/ol/99 08/01/99 08101/99 IN}UCY EX.RATION DATE (MM/DD/YY) 08/03./00 o8/ol/oo o8/ol/oo UMrI'8 iENERAL AGGREGATE PRODUCTS - COMP~DP AGO PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any O~O fire) MED EXP (Any one pmson) COMBINED SINGLE LIMIT BODILY INJURY (Per per,~) BODILY iNJURY Per accident) PROPER'If DAMAGE AUTO ONLY - EA ACCIDENT pTHERTHANAUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE $2.~00.000. Sl.OOO.O~O $ $1,000,000 wc STATU- I IO'n~ I TORY LIMITS I I ER EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - F-.A EMPLOYEE DESCRIF00N 0F 0K~%~llONS&0CAI~0NS~I~Zt~-S~-C~[ rr~l$ RE: RYAN RANCH PHASE I - DENTON, TX - WATER, SANITARY, SEWER, STORM DRAINAGE CITY OF DENTON IS NAMED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION ON THE GENERAL LIABILITY - ATIMA CITY OF DENTON ATTN: DAVID SALMON 221 N. ELM STREET DENTON TX 76201 ~0 , DAYS WRrT'I~N NOTICE TO TI.IE CERTd~ATE HOLOER NAilED TO THE LF.,cT, BUT FAILURE TO MAIL ~UCH NOTICE SHALL AIPOSE NO OIILJGAIION OR UABLITY OF ANY KIND UFON 11.1E ITS AGENT~ OR RE~RESI~TAllVES. AUTHORrmn RI~flE~ENTA11VE Maxson-Mahoney-Turner, 8610 King George Drive Dallas, TX 75235-2292 (214) 630-5959 INC. DBA Inc. TX 75050 INSURED STEVE SALSBURY, S & S UTILITIES 1317 W. OAKDALE GRAND PRAIRIE ................ ,.:~ ..................................................................................................................................................................................... 12/29/1999 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 POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A WHITE MOUNTAINS INSURANCE COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANOE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR OONDITION OF ANY OONTRAOT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUDJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFEOT~ POUCY ETJ~IRATION uMr~ 3142CP~0118 08/01/99 08/01/00 GENERALADGREGATE GENF.~AL UABIUTY COMMERCIAL GENERAL LIABIUTf CLAIMS UADE I~1 OCCUR 0~ & CON'mACTOR'S PROT CG25 03 END'T A~rOMOBII~ LIABII.R~ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABIliTY )~.IER THAN UM8RELLA FORM WORKERS COMPENSATION AND EMPt. O~ERS' UABP_rrY 'IHE PROPRIETOR/ ~ INCL PARTNE,c~CUTIVE OFFICERS ARE: EXCL OI'HER 3142CA000118 1142CU0~0118 o8/ol/99 o8/ol/99 os/ol/oo PRODUCTS- COMP~PAGG PERSONAL& AOVINJURY EACH OCCURRENCE FIRE D/¢dAGE (Anyone fire) MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY iNJURY (Per accident) PROPERTY DAMAGE AUTO ONLY-EAACCIDENT O~'IER~'IANAUTO ONLY: EACH ACCIDENT AGGREGA~ $2.OOO.GGG. $1,00~ $ $ $1,000,000 0 8 / 0 1/0 0 F~CN OCCURRENCE SI.OD0.000 AGGREGATE Sl WC STA'~J- J TORY LIMIT~ EL EACH ACCIDENT I EL DISF_J~E. POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ DE~RIPTION OF Op~r~RA~N~A~NE/VF.H~I.E~/~PEO~L Il'EMS RANCH VENTURES LTD. IS SHOWN AS ADDITIONAL LIABILITY - ATIMA INSURED ON THE GENERAL RANCH VENTURES LTD. 1401 BURNHAM DRIVE PLANO TX 75093 SHOULD ANY OF THE ABOVE DESCRIBED FOUCIES BE CANCgHgn BEFORE THE A~ORr~n RE.qtB~.NTA*I1VE UTILITIES, INC. CANCELLATION SECTION - GENERAL LIABILITY SAID POLICY SHALL NOT BE CANCELLED, NON-RENEWED, OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCE WRITTEN NOTICE BEING GIVEN TO THE OWNER, EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NON-PAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED. '-12/2~/99 WED 11:06 FAX 972 980 1994 AHERICAN STAFF RESOURCES . ~002 Ce~lfl~te of insurance THIS CERTIFICATE I~ ~SSUED ~ A MA~ER OF ~NFORMA~ON ONLY ~ CONFERS NO RIGHTS UPON YOU THE CER~FtCATE HO~ER, T~S ~ CER~F~CATE l$ NOT AN INSUR~NCE ~LICY ANO ~ES NOT ~ENO, E~END, OR ~TER THE COVERAGE AFFORDED BY THE ~$ LISTED This is to Certify that .... ~ AMERICAN STAFF i:~=JSOURCES CORP.' Name and { mS 'NO n Sm 5oi aadress oS LIBERTY IDAI~LAS. TX 75240 Insured I~/[UTU~L.~ is, at the issue date of this ~ertifi0ate, Insured by the Company under the policy([es) listed below. The'insurance afforded by the listed policy(isa} is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of t be Issued, a~ng contract or other cfocumen~ win resgec[ [o wnl(m w.= ~=[u.~,=u= ,,,~7 ~0 ~tPiCATE EXP. DA%E TYPE OF POLICY * ~ CONTINUOUS POLICY NUMBER LIMIT OF LIABIL~Y ~ E~NOEO ~ POLICY TERM ~ ~ve~e ~o~ UnderWC EMPLOYERS LIABILITY L~W of the Foll~ing Slates: 7/1/2000 WC7-19t-418191~39 ALL STA~S ~OEPT ~0di[y tn]~ By Accident E~ WORK'RS WC7-191-418191~19 THE MONOPOLISTIC $500,000 COMPENSATION WC~191-418191~49 STATES OF: Bodily InJu~ By Disease Potlcy NOR~ DAKOTA, OHIO, $500,~ Umlt WASHINGTON, WEST Bodily Inju~ By Disease VIRGIN~A & ~OMtNG $500,000 Pa~son GENERAL LIABILITY Caners Aggreg~t~O~er th~ Pro~C~plet~ Ope~ns ~ C~IMG ~DE Produot~Complet~ Operations Aggregate ~RO DATE~ ~ ~dlly lnju~ an~ Prope~y Damage Llabit~ Per Per.hal end Adve~ising In]u~ Per Pemon/ ~ OCCURRENCE Organiz~n O~er: [ O~er: ~ch A~ident - Single LIm[t AUTOMOBILE B.I. ~d P. D, Combin~ ~ABtLITY Each Person ~ OWNED ~ch Accident or ~urrence ~ NON-OWNED Each Accident or Occurrence ~ HIRED OTHER ADDITIONALOOMMENTS ~317w. ALTERNAT~ EMPLOYER: ~d ~, ~ ~y ~mg~ w~ 30 ~ a~ce ~ n~ b~g ~v~ to ~ Owner, ~ wh~e ~F~ RTi~=ICATE EXPIRATION DATE. HOWEVER, YOU WILL HOT eE NOTIFIED ANNI.,'AL L¥ OF THE CONTINUATION OF COVERAGE. SPECIAL NOTICE- O1'1iO: ANY FER~ON WHO, WiTH INTENT TO DEFRAUC DR KNOWING THAT HE iS FACILITATING A FRAUD A~NST AN INSURE~, SUBMITS AN BEFORE THE STATED EXPIRATION DATE THE ~OMPANY W~LL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDEF~ THE AEOVE POLiCiES UNTIL UNTIL AT LEAST ~ DAySN~C~OFSUCHCANCE~T~NH~BEEN~LEDTO~ ~ V~os, L~ A~ ~ Cobb CERTiFICAT~ 1401 AUTHORIZED REPRESENTATIVE Michelle Burner October 19~ 1999 IRVING DATE ISSUED OFFICE SS 772Rt 2 .2/29/99 ~D 11:07 FAX 972 980 1994 RYAN RANCH OVERSIZE WATERLINE SUMMARY Oversize Line - Riverpass Drive Line ~ 12" water line 12" Valves 2550 L.F. 6 Each Cost Difference between 8" waterline and 12" waterline 12" Water $ 22.31/L.F. $" Water 13.33/L.F. 12" Valve 1254.00/Each 8" Valve 686.00/Each Cost Participation 12" Waterline 12" Valve 2550 L.F. x ($22.31- $13.33) -- 6 Each x ($1254 - 5686) City Participation $22,899.00 3,408.01) $26,307.00 Note: Unit prices are from contract with S & S Utilities. Contract pages are attached to verify unit prices XHIBIT III 2000 CAPITAL tMPROVEMELXIT PROJECT # 00-0461-01 PROJ TITLE: (G) OVERSIZE WATERLINES ESTIMATED COST: $100 (x 1000) GROUP ASSIGNMENT: 8 DESCRIPTION: 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. PURPOSE: 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 wateHine 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 $0 $0 TOTAL 3RD YR $0 $0 GRAND TOTAL $100 $0 $0 SO $100 $100 $0 $0 $0 S0 S0 $0 $0 S0 $0 $0 S0 $0 $0 $0 $0 $0 $0 $0 $0 $100 $100 $0 $0 $0 ENCUMBRANCE DATES: Encumberedasspent. PHASE DATE AMOUNT OBJECT# General Purchase General Purchase Inspection Construction Miscellaneous ENCUMBRANCETOTAL COMMENTS: AS SPENT $100 9138 $100 TOTAL $100 $o $o $100 7/23/99 13:6 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD. 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 EFFECTWE DATE. WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by Ranch Ventures, Ltd. in an amount not to exceed Twenty Six Thousand Three Hundred Seven Dollars ($26,307.00), 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 Water Main Cost Participation Agreement Between the City of Denton and Ranch Ventures, Ltd., for the oversizing of approximately 2,550 linear feet of eight (8") inch 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 Ranch Ventures, Ltd., 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\OO\Water Main Cost Particip Agrmt-Ranch Ventures Ltd ord.doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD. WHEREAS, Ranch Ventures, Ltd. hereinafter referred to as "Developer", whose business address is 1401 Burnham Drive, Plano, Texas 75093 wishes to develop and improve certain real property named "RYAN 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 collection capacity by designing, constructing and installing a water line of an inside diameter of eight inches (8"), hereinafter 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 approximately 2,550 linear feet of twelve (12") inch water-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 is based upon the difference in the cost of installing Required Facilities, as deteLmined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Twenty Six Thousand Three Hundred_Seven Dollars ($26,307.00). City may elect one of the following methods to determine Cify's share of the cost: Developer shall prepare plans and specifications and furnish 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) $26,307.00, 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 15om 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 perfmmance of this Agreement; and Developer shall, at its own cost and expense, defend and protect City against any and all s,.u. ch 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. 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:' _ · ATTEST: S:\Our Documents\Contracts\00\~ Cost Particip Agrmt-Ryan Ranch Ltd.doc "DEVELOPER" By: .7~ ~~ A~enda No. ~0 ~0/~' Agenda Item ,/~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Utilities Administration Howard Martin, 349-8232 SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND J&S WOOD, 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 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The owner is expanding the existing James Wood auto dealership along 1-35 with some frontage of the property along State School Road (see exhibit I). The development required an 8-inch waterline extension along the frontage of the property on State School Road. City is requesting a 12-inch waterline along their frontage. In future City will extend 12-inch waterline from this waterline to the existing 12-inch waterline at intersection of Winston and State School Road. This will enable City to provide water service to the development south along State School Road without having capacity and demand issues. The City's participation for the oversizing of the waterline is in an amount not to exceed $6,369.00 OPTIONS: Funds are available for oversizing of the waterline. Installing an 8-inch waterline now will limit the area of service and will required City to run parallel line to the 8-inch waterline for any potential future growth. RECOMMENDATIONS: The developer has submitted a request for oversize participation based on engineer's estimate (see exhibit III). This amount has been examined by staff and found to be reasonable. Staff recommends City's participation in oversize agreements with the developer. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, AND COMMISSION) January 24, 2000, Recommended by PUB ESTIMATED SCHEDULE OF PROJECT: This project is scheduled to be completed by March 2000 FISCAL INFORMATION: There is $100,000.00 allocated in bonds every fiscal year for City participation in waterline oversize agreement. A copy of FY 2000 CIP sheet is attached. BID INFORMATION: None MAP: Exhibit I Location Map Respectfully submitted: Tim Fisher Assistant Director of Water Utilities Prepared by: o--~ · P.S. Arora Engineering Administrator Exhibit I: Exhibit II: Exhibit III: Location Map Development Contract Cost Estimate 667 I.f. of 12" Water Line oversized from 8" James Wood Autopark LEGEND ~V water Lines '/'~/Streets [~ Prop. Parcels Scale 1"=400' James Wood Oversize Water Line EXHIBIT I THE STATE OF TEXAS § COUNTY OF DENTON §. PROJBCT NO. CONTRACT NO. 50~ DEVELOPMENT CONTRACT WHEREAS,. J & S Wood L.P. Hereinatter referred to as "Owner", whose business address is Decatur, TX 76234 P. O. Box 806 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and WHEREAS, Owner wishes to develop the property and such development must be performed in accoraance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and WHEREAS, as a condition to the beginning of construction of said development, a development contract in accordance with Section 21Z071 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, hereaRer referred to as '~I .mlwovements", are constructed in accordance with the City's specifications, stant~ards and ordinances; and [select applicable provision as follows] [] Wl:m. REAS, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" s!,all mean the Owner as named above; or Page 1 of 8 EXHIBIT II DEVELOP~ CONTRACT [] WHEREAS, the Owner elects to make such improvements hereinafter set forth by con~fing with Architectural Utilities, Inc. dba AUI General Contractors , whosebnsincss~d~essis 300 West Ramsey, Fort Worth, TX 76110 , hereafter referred to as "Contractor", and WHEREAS, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor;, WITNESSETH AS to the improwments to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be install~ and consmacted at 3ames ~ Auto Park Expansion at I 35 and State School Rcad Denton, Texas , the Owner, Contractor and City, in consideration oft~.e/r mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor.. (a) Specifications. Contractor agrees as follows: To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and l]I of the City's Standard Specifications for Public Works Cormimction, North Central Texas, as mended, and all addendum's thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such specifications, Stal~rlards, regulations and ordinances Page 2 of 8 DEVELOP1VIENT CONTRACT Co) being expressly incorporated herein by reference and being made a part of the agre~lent as though written herein. Authority of City EnMneer. Inspections, Tests and Orders Owner and Contractors Warrant. That all work on the Impmvcrnents shall be performed in a good and workmarflike manner and to the satisfaction of the City Engineer or his represeniative. The City En~neer shall decide all questiom, which arise as to the quality and acceptability of materials furnished, work performed, aM the interpretation of specifications. G, arantee for a period of one year from the a_ate of final acceptance all work as called for in the specification and con~act documents to be free from defects in materials and workrmmship. Owner, contractor and their surety a~ the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work 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 fi~om defects in materials and/or facilities which shall appear within one year ~vai the date of final completion and acceptance 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 theret°. Any work done or materials used without suitable in~ecfion by the City may be ordered removed and replaced at c'x~ltaetor's expense. The Owner, the Contractor and their surety on the perform~ce bond shall and do hereby warrant and Page 3 of 8 DEVELOPMENT CONTRACT 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 be shall r~medy 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 ~na! 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 work by the City. Upon failtu~. of the Contractor to allow for inspectio~'h to test materials furrfished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or cond~luued work or materials, or to 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 ~emedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the improvements. 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 Sneeifieafions for Public Works Construction, North Central Texas, as amended, the provisions of which are exp,'essly incorporated herein Page 4 of 8 DEVELOPlv~ CONTRACT by reference; provided, however, for purpose of this provision only, "Owner", as used therein, shall mean the City of Denton. Means and Methods of Construction. That the means and methods ofcoustruetion ~hall be such as Contractor may choose; subject, however, Io the City's right to reject any Improvements for which the means or method ofconslruction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. Books and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for in~ection by the municipality. Mutual Covenants of Owner and Contractor. mutually agree as follows: (a) Owner and Contractor Performance Bonds. That ii'building pemlitS are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply: (i) The Owner'or Developer shall provide a performance bond in an mount not less than the mount necessary to complete the improv;ments, as detem,ined by the City Ea~neer, 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 assigll any and all fights in the bond to the City at the time the in~provements are transferred to and accepted by the City. If the cost of completing the improvements at the time building pcami~ are issued ia an amount of $15,000 or less, as det;m~ined by the City g,n~neer, cash money in the amount necessary to complete Page 5 of 8 DEVELOPMENT CONTRACT Co) the improvements, as detcn~ined by the City Eng~eer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring completion of the improvements without exception, the City's escrow agreement fo~m sb~l~ be used and the escrow agreement shall remain in effect for one (1) year from the date of final completion and acceptance of the work by the City. Retalnage: Final Pavements. [This provision (c) applies only where the Owner and Contractor are not the same party.] That as security for the faithful completion of me Improvements, Contractor and Owner agrees that the Owner shall retain ten (10) 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 indebtedness haq been paid, that all indebtedness :onnected 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 have been paid or otherwise satisfied. 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 Improwments, 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 Page 6 of 8 DBVELOP~ CONTRACT o 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 encumbrance. (d) Indemnification. Tim Owner shall and hereby does indexxmify, defend and save harmless, the City, ils 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 construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing 9ut 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 construction of the Improvements. Covenants of City of Denton. That, upon proper completion of the h~vrovements in accordance with this agreement, the City agrees to accept the Venue and Governing Law. The parties herein agree that thi.~ contract sba!! be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The t¢ims and provisions of this contract ~h~ll be con.qaued in accordance with the laws and court decisions of the State of Texas. Page7of8 Dtf~r£LOPMENT CONTRACT Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, OWNER BY: J & S Wood L.P. ATTEST: J~~ ~/~L~'~ ~I~T~ ggCi~TAKY APPROV~D AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~~ BY: CONTRACTOR Architectural Utilities, Inc. dba AUI General Contractors B. Doug ~un~au~-' 'W Executive Vice P ek~ident CITY OF DENTON, TEXAS Page 8 of 8 Exhibit "A" AUI Job No. 99044 Owner: James Wood L.P. P. O. Box 806 Decatur, TX 76234 Contractor: Architectural Utilities, Inc. dba AUI General Contractors 300 West Ramsey Fort Worth, TX 76110 Project: James Wood Auto Park Expansion I 35 & State School Road Denton, Texas Item Description Quantity UM Amount Original Unit Estimate Price 1 12" DR-18 Water Pipe 680 LF $30.00 920,400.00 2 12" x 6" Tee 2 each 9300.00 600.00 3 12" Plug 1 each 120.00 120.00 4 12" Cap 1 each 120.00 120.00 5 12" Gate Valve 1 each 92885.00 2,885.00 6 6" Gate Valve 2 each 9800.00 1,600.00 7 Fire Hydrant 2 each 91860.00 3,720.00 GRAND TOTAL 929,445.00 BOND NO. 3-482-130 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § K~OW ALT. MMNBY THESE PRESENTS: Architectural Utilities, Inc. dba AUI 'General Contractors Of Ta_rra~t Cot~y, Text, her~--~ ~l~d Prin~pal and WEST AMERICAN INSURANCE COMPANY ~ty ~e ~d fo~ p~of h~ fo~y five dol~s 29,445.00 of~ U~t~ S~, for ~e pa~ ofw~ch ~ ~ ~d ~y ~ be m~dc we b~d o~lv~, o~ ~ Con~ of~ ObEron ~ ~h ~ ofw~ch ~e CiU ofD~% T~% h.~ ~ ~ a c~y ofwMch is h~o ~h~ ~ ~e a p~' 12" ~t~ m~ (680 ~) ~d 2 ea~ f~e hy~ h~r~con~onofi ~ ~e R.O.W. of S~ta S~eol R~d Pa.Ee 1 of 3 PERPORMANCE BOND NOW, Tn"~.REFORE, ifth~ Pr/n,~igal shall wall, truly, and fakh_Cully .c~-~e to be perfonned :~ fultEed ali ofth~ underdogs, cov~% term_s~ co.~Mons, and all.mints of said Contr~t a~cordanc~ with the Plans, Specifications, and COnaaet Docum~ durin§ tim ~rJ~l term thm'eo~ and any axte~ion thc-roof which may be gr~nted, with or.without nntic: to th~ sure~y, ~d during the llfe of any guammy requir~ undec the Contract, which is in~rP&ated, as if written word for w,~d h~r~n, and shall also well ~c~ traly caus~ to be pePLumed ~ct fi~{fill~ all the covenants, t~ms and conditions and %~,:nts o£any ~,,,~ all ~,-hor/zed mo,~;fications o£~d Comm~ e.~ may be r-~te ~el~i-~. without l;m;tatic~ to remedy and pay for any de£e..-'ts/n mat:r/al and wor~ma~ip or c~,~g~ tc other work or fac~ti~s which ~I~al; a~pear w/th;, one year ~rn the o£finai completion no,ce o£wh/ch modifications to the surety be'in§ hereby wa/Yeti; then obligation ~hnl! be void; otherwise to ~ in full force a~d e~ect. PROVIDED, further., that/fany Iegal action be fled on fh~ bond, venue shalI lie in Denton Con~,y. A_ND, fh~t said Surety, for value recdve~ hereby s~pulat~ and agrees that ao change, extension of thee, alt~.tion or addition to the t~;,~ of the contrac~ or to the week p~-formed the~,~mder, orthe ?l~m, Speci~c~o~, Drawings, etc., accompanying the same shall in any v~e afrO, its obligation on thi~ bond, and it does hem~ wa/ye n6tic: o£any such eha,g~, ext~on of time, alteration or addition tn thc t~ci~roftt~ Co~a~, or to th~ wo~ to b~ p~-fo~u~d th~-eund~. Pag~ 2 of 3 PERFORMANCE BOND IN WITNESS Wn~REOF, m~.~ ~ammt i~ ~xeeut~ in U~vlicate, each one 6fwhieh ~h~l PRn~C~AL SURETY Architectural Utilities, In~. dba. 'AUI General Contractors WEST AMERICAN INSURANCE COMPANY ATrF. ST: NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTA~F~. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CO1YI'RAC~ ;DATE OF POWER OF ATTORNEY. CERTIFI~ON MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. Page 3 of 3 PAY'~ BOND TI-lB 8TATB OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: dba AUI General Contractors County of as principal, and of thc City of Tarrant , and the State of WEST AMERICAN INSURANCE ~OMPANY aOmCTN0,__D oc O- 03 CONT Cr NO. BOND NO. 3-248-130 That Architectural Utilities, Inc. Fort ~brth Texas authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and f~m/y bound unto The City of Denton, OWNBI~ in the penal sum of Twenty nine thousand four hundred forty f.'~lars($ 29,445.00 )forthepaym. entwhereof, the said Principal and Surety bind themselves and their heirs, administrators, exec:utors, successors and assi~.% jointly an6 severally, by these presents: wm~.REAS, the Principal has entered into a cerm~u written contract .with the Owner, 12" Water Main (680 LF) and 2 each fire hydrants in the R.O.W. of State School Road to which contract is hereby referred to and made a part ]~ereof as fully and to/he s,rne extent as if copied at length herein. NOW, TI:~.REFORE, Tlq~. CONDITION OF Tiq'ls OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materia~ to him or a subcontractor BOND in the pmsec.utian of the work provided far in said contract, th~ ~ obli~an."on shall be void, PROVIDED, HO~ that this bond is executed pursuant to th.e provisions oft. he T~.-~ C-ov~mm~lt Code, Chapter 2253 (V~rnon, as cu~.~u~ly .m~lcI~d), and all liabilities on thi.~ bond sh., be d~t~ .mined in accordance with said prov/sions to the same extent as ifth'ey were copied al l~n~h here/n. Surety, for value received, stipulaes and agrees, tha no ct~.nge, ext~'ns/on oft/me, alto'ration or addiiion to the te~.,.~ of the contract, or t6 the'worl~ p;~'£o.-,,ed th. ercander, or the plans, specifications, or drswin~s accompanying the s~i;',e, .~1~.II in any way ..~c~ its obligation on this bond, and it does h~reby waive notice of any such change, extension qftir~¢, alteration or addition to the t~am of the contract, orto the work to ,he p'~'ormed thereunder. Page 2 of 3 .- - PAYNDENT BOND IN WITNESS WHERI~OF, the said Principal and Sumt7 have signed and s~led this Architectural U~i ~ !ties, Inc. dba AT// General Contractors - PR/~CIPAL 300 West Ramsay Port Wort. h, TX 76110 WEST AMERICAN INSURANCE COMPANY :DAVID C. oxFORD / ADDRESS: 136 N. THIRD STREET HAMILTON, OHIO 45025 The name ~nd addr-~s of the Re~d~nl Age.~t ofSu~ ~: K & S GROUP, INC 9400 N. CENTRAL EXPRESSWAY, SUITE 950, DALLAS, TEXAS 75231 Page 3 of 3 CERTIFIFD COPY OF POWER OF ATIORNEY ~ OHIO CASUALTY ~SURAN'C]/COMPANY · ~RICAN ~qitE & CASUALTY COMPANY %~,'i/$T AMERICAN INSURANCE COMPANY Nb 34-064 Know All Men by These Presents: Tl~t ~ OHIO CASUALTY ~SURANC~ COMPANY ~ Co~ ~d ~ST ~C~ ~S~ CO~, ~ ~di~ C~6o~ ~ p~cc o~a~ ~d by ~cl~ ~ S~ 7 of~e By-~ of~c O~o C~I~ ~ce Comply ~d ~ F~ & ~1~ Comply ~d ~clc ~ S~ 1 ofW~t ~ ~ C~p~y, do h~by no~ ~m~ ~d a~t: DaSd C. O~ord, Ste~e ~ckenbacher, Helen ~ok, ~dolph No~s, Clinton No~s or Rebecca S. ~acker ordain, Tex~ ~ ~d ~ ag~t (s) ~d a~omey (s~-facL ~ ~c, ~% ~I ~d dcllv~ f~ ~d ~ im ~ ~, ~d ~ im act ~d deed ~y ~d all BO~S, ~T~GS, ~d ~C~S, not ~d~s ~ ~y s~glc ~ce ~N ~.LION (S15,000,000.00) ~LL~ ~1~8, ho~, ~y ~d(s) or ~d ~c ~ of~ ~ or ~d~ ~ p~ce of ~ ~ ~11 ~ ~ b~d~8 ~ ~id C~ W~t ~ ~c~ Comply ~ h~ s~d ~s ~c ~d ~ed ~c Co~ S~l of~ C~p~y ~ 24th day orMay, 1999. S~ ~c~, ~h~t Vic~ ~id~t eTAIE OF OHIO, COUNTY OF BUTLF. R O~ ~ 24th da>, of May, 1999 befor~ the mbscrlb~-r, a No~ ~llc of ~a S~tc of O~o, ~ ~d f~ ~9 ~W of B~, d~y ~,.,~[~cd ~d ~l~c~ ~: S~ ~:~, ~t Vice ~idmt of ~ O~O C~U~ ~S~ CO~, ~C~ ~ & C~U~ CO~ md ~ST ~C~ Sub ofald CoW~ md t: aid Co~ S~ls ~d ~ si~ a offic~ w~ d~y ~acd ~d ~d m ~c ~id ~t ~ ~ au~ ~d d~fl~ of ~c ~id C~ ~ ~S~O~ ~OF. I ~ve h~ ~t my ~d ~d ~cd my ~aial S~I at ~ Ci~ of~l~ S~ of O~o, ~ ~y ~d y~ ~ a~e ~ No~ ~lic ~ ~d f~ Co~ ofB~, S~ of O~o s~ ~, ~d ~ ~u~, a~ch ~c co~omto ~1, ac~owlcdgc ~d dcliv~ ~y =d all ~n~ ~co~;~c~ ~p~afio~ ~d~p ~ o~ ~ of m~p ~d ~lici~ of ~cc ~ ~ ~v~ ~ favor of ~y ~dMd~l, ~ c~fi~ ~ ~c official ,.~,.~vc ~o~ ~ m ~y co~ ~ s~a, ~ ~y official ~ ~ ~ of co~ ~ s~, ~ ~c U~d S~ of ~ ~ ~ ~y o~ ~lifi~l ~i~iom" ~cle ~ S~fion 1. ~PO~ O~ ~S~E~ O~. '~e ~n of ~e Bo~ ~c ~idmL ~y Vice ~idmc a S~ ~ ~y ~is~nt Sc~ ~11 ~ ~d b h~by v~tcd ~ ~I ~w~ ~d au~ofiW ~ a~t a~e~ ~ fact f~ ~a p~ of si~8 ~c ~c of~c c~fion ~ ~ ~ ~r, ~d to ~ccu~, a~ch ~c co~m~ seal, ac~owlcdge ~d dellv~ ~y ~d all ~n~ ~co~c~, sfip~afi~ ~d~p ~ o~ ~U of ~W-~p ~ ~c, ~d policies of ~ce ~ ~ ~v~ ~ favor of~ ~dMd~L r~ ~oafi~ ~ ~o official ..~.~c ~o~ ~ ~ ~y ~W ~ ~, or ~y official ~ ~ M~ of~y co~ or ~s ~t h si~cd ~d sealed by fanuc ~ auto.ed by ~c ~ollo~8 R~lu~on adopted by ~e ~c~ve d~c~n of ~e Comp~ (adopted ~y 27, 1970-~c O~o ~1~ ~cc Co~% adop~d ~1 24, 1980-W~t ~ ~cc C~p~% adop~d ~y 21, 1998-~ F~ & C~I~ C~p~y): "~SOL~D ~t ~o si~ of ~y offic~ of ~c C~p~y au~cd by ~ By-La~ ~ a~t a~m~ ~ facL ~c si~ of ~c S~ ~ ~y ~h~t ~c~ c~g ~ ~ co~c~ of ~y copy of a ~w~ of a~mcy ~d ~c ~i of ~c Company ~y ~ ~mcd by ~1~ ~ ~y ~w~ of a~m~ ~ c~y ~of ~cd on ~M~of~c Comply. 5~h si~ ~d seal ~ h~by adop~d ~ ~c Comply ~ ~1 si~ ~d ~L ~ ~ valid ~d b~d~8 ~ ~c Comply ~ ~o ~ f~e ~d ~t ~ ~ou~ ~lly ~cd." CERTIFICATE I, ~ho ttnd~rsi~ned Assistant Vice Pr~id~nt of The Ohio Casualty Iasumnce Company, American Fiz~ & Casualty Company and Wcat American In.~'ance Company, do hereby ~ that t~e foregoing power of attorney, t~c ~eferenced By-Law~ of ~c Compani(~ and the above Resolution of th~' Boarda of Direc~ ~r~ ~ and corr~t copica and ar~ in full forc~ and ~'ff~at on ~ dat~. ,5-4300 3199 Assistant Vice Prcsid~at PRODUCER (214)691-5721 FAX (2141691-4961 ( & S Group, Inc. Southwest Assurance Group, Inc 9400 N Central Expwy., #950 Dallas, TX 75231-5044 · ¥~I~'C~R~:IFICATE IS IS~.aED ASA MATTER OF INPORMATION 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 "~'~';;.~ ......... ~i~ ~'i.'-i'~'di':~"'tii'~'~'f'i~ ~ ~'"'¢'~'1~i:i9' .......................................... Attn: Helen Zook Ext: A 'i/i~'~/~6 ............... : ................................. T"':'"': ............ 2' ............. :', ............................................ ';~'~;'~L; ........ ~'rfi'/~'r:T d~'r¥" 14'~i~ To'F,'~T '"l~'f rq'"t'~f:'"'~ .................................. Arch~ tectural Ut~ I ~ t~ es, znc. 'aDa --'"~-'" AUI General Contractors ..................................................................................................................................................... P.O. Box 11586 COMPANY C Fort Worth, TX 761:1.0 ..................................................................................................................................................... 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, NOTVVITHSTANDING 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 EFFECTNE POLICY EXPIRATION TYPE OF INSURANCE i POLICY NUMBER GENERAL LIABILITY X i COMMERCIAL GENERAL UABILITY i~ili~ii!!i'"'"i CLAIMS MADE ?~"J OCCUR ~PP1299755 L.....i OWNER'S & CONTRACTOR'S PROT :tX ~Agg Lmt Per Proj ALL OWNED AUTOS i SCHEDULED AUTOS X i NON-OWNED AUTO~ .CA1299754 GARAGE LIABILITY ANY AUTO DATE (MM/DDffY) - 05/01/1999 05/0[/1999 DATE (MMIDD/YY) os/ol/2OOO i.. ,E,.X...~ ESS LIABILITY X UMERELLA FORM CU1299756 05/01/1999 :: OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIAEILITY 05/01/2000 ........ WC129975704 i X i INCL i i'"'"i EXcd 05/01/1999 i 05/01/1999 THE PR:PRINT:Ri PARTNERSJEXECUTIVE OFFICERS ARE: LIMITS Bu~Ioers Risk - All B Risk ~TIM893837406 i...".~..'..~tr.~,....!.~ .......... i. ~..c.."..~?.."...%~..c. ~ ............ .!.?. ......... .~.,...0...0...0..~..0..0.9. !.R!~E?~.~.~ L~?.".~.?~tL.i..?. ............... .~..O. gtP.90. i MED EXP (Any one peru:n) i S 10,000 COMBINED SINGLE LIMIT i$ · : 1,000,000 BODILY INJURY (Per peru:n) ) $ .............................................. i ....................................... BODILY INJURY (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ EACH ACCIDENTi $ AOGREGATE EACH OCCURRENCE i $ 10,000,000 05/01/2000 iSIR ;s 10,000 EL EACH ACCIDENT i $ 5 O0,000 EL mSEASE - EA EUPLOY~E i S 500 ~ O00. $3,7~0,000 Limit th~s Project DESCRIPTION OF OPERATION$/LOCATIONSNEHICLE~SPECIAL ITEM~ =roject: 3ames Wood Auto Park Expansqon,I35 & State School Rd, Denton, TX. Blanket Additional Insured Endts applicable on General Liab., Auto Liab., & Umbrella Liab. to include City of Denton, (see attached) City of Denton Attn: David Salmon, Eng. Admin. REVISED CERTIFICATE 221 N. Elm Street Denton, TX 76201 SHOULD ANY OF T:E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ~ MAIL XX DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ X~KX~~O(XXXXXX AUTHORIZED REPRESENTATIVE Davi O :ord H E. ,'.~,~:,,~.,*...:,:-.~-.*.: ............. ¥~*~:~:~.~::~,~:~*..:::::::*.:~ ..................... ,~::~ ..................... ~E~~[~:~tS~ Certlf~cate issued to City of Denton K & S Group, Znc. C~ty of Denton 01/10/2000 12/28/1999 XX -Cancelqation to read: Policies shall not be cancelled, non-renewed, or materially changed without 30 day advance written notice being given to the Owner and City of Denton, except when the policy is being cancelled for non-payment of premium, in which 10 days advance written notice is required. item Description Unit Estimated Unit Price Total Price 8" Water Line Option 8" C-900 PVC Waterline 2. 8" X 6" Tee o o 6" Gate Valve Fire Hydrant Assembly 8" Gate Valve 8" Plug 12" Water Line Option 12" C-900 Waterline 12" X 6" Tee 6" Gate Valve Fire Hydrant Assembly 12" Gate Valve 12" Plug LF EA EA EA EA EA LF EA EA EA EA EA 667 25 $ 16,675 2 400 800 2 500 1000 2 1,500 3,000 2 650 1,300 2 150 300 Total $ 23,075 667 32 21,344 2 60O 1200 2 500 1000 2 1,500 3,000 2 1250 2,500 2 200 400 To,t,a~ $ 29,444 $*." ~-N ;~,'* . ,,"'-' ......................... :'"~, / ,//.-' /. R, VON BEOUGHER '~..~'. 69087 e o'.~, ~).' ...., '~ EXHIBIT III 2000 CAPITAL IMPROVEMENT PROJECT # 00-0461-01 PROJ TITLE: (G) OVERSIZE WATERLINES ESTIMATED COST: $100 (x 1000) GROUP ASSIGNMENT: 8 DESCRIPTION: 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. PURPOSE: 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 1ST YR $100 TOTAL 2ND YR $0 TOTAL 3RD YR $0 GRAND TOTAL $100 $0 $0 $0 $100 $100 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $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 $100 7/23/9§ 13:6 TOTAL $100 $0 $0 $100 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND J & S WOOD, 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 J & S Wood, L. P. in an amount not to exceed Six Thousand Three Hundred Sixty Nine Dollars ($6,369.00), 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 Water Main Cost Participation Agreement Between the City of Denton and J & S Wood, L. P. for the oversizing of approximately 667 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 J & S Wood, 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\00\Water Main Cost Particip Agrmt-J&S Wood LP ord.doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND J & S WOOD, L. P. WHEREAS, J & S Wood, L.P. hereafter referred to as "Developer", whose business address is P.O. Box 806, Decatur, Texas 76234 wishes to develop and improve certain real property named "JAMES WOOD AUTO PARK, PHASE II" (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 collection 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 des.ign, lnstall, and construct approximately 667 linear feet of twelve (12')'inch water 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 govemed 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 is 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 Six Thousand Three Hundred Sixty-Nine Dollars ($6,369.00). City may elect one of the following methods to determine Citg'~ share of the cost: Developer shall prepare plans and specifications and furnish 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) $6,369.00, 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 right to require Developer to submit any necessary infoimation, 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. 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 "DEVELOPER" J & S WOOD, L. P. ATTEST: By: S:\Our Docun~nts\Contracts\OO\Water Main Cost Particip Agrmt-J&S Wood.doe AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Al~enda No. -- Agenda Item, ./'~' , ,, March 7, 2000 Materials Management 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 contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2444 - Refurbish Texoma Digger awarded to Commercial Body in the amount of $48,764.30). BID INFORMATION: This bid is for the complete refurbishing of Texoma Model 330 Digger. The digger unit is used by the Electric Distribution Division to dig holes to set utility poles. The unit was purchased in January 1988 at a cost of $78,856. Current replacement cost is estimated to be $150,000. This bid includes installation of a new diesel engine, rebuilt transmission, final drive, "A" Frame jacks, winch and winch motor, turntable, hydraulic system, painting and associated items. RECOMMENDATION: We recommend award to the lowest bidder, Commercial Body in the amount of $48,764.30. PRINICPAL PLACE OF BUSINESS: Commercial Body Arlington, TX ESTIMATED SCHEDULE OF PROJECT: The refurbishing of the digger unit is quoted to be within 60 days after receipt of an order. FISCAL INFORMATION: Funding for this project will be taken from account (720-025-0584-8710) Motor Pool Sublet. Repair. Respectfully submitted: ~-~.. Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1339 AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2444 Date: 2/17/00 REFURBISH TEXOMA 330 DIGGER ~1oI Qty. I DESCRIPTION VENDOR VENDOR :Commercial Body CIA Machinery REFURBISH MODEL 330 1 TEXOMA DIGGER AS PER $48,764.30 $67,292.00 1 SPECIFICATION ........ ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING EOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2444 - REFURBISH TEXOMA DIGGER AWARDED TO COMMERCIAL BODY IN THE AMOUNT OF $48,764.30). 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 2444 ALL Commercial Body $48,764.30 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 sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ~ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2444 SUPPLY. ORDINANCE-1-2000 AGENDADATE: DEPARTMENT: ACM: AgendaNo.. Agenda Item AGENDA INFORMATION SHEET Date Questions concerning this acquisition may be directed Materials Management to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance accepting competitive bids and awarding a.contract for the purchase of Fleet Vehicles; providing for the expenditure of funds therefor; and providing an effective date (Bid 2457 - Fleet Vehicles awarded as listed in the total amount of $453,859). BID INFORMATION: This bid is for the purchase of Motor Pool Fleet Additions and or Motor Pool Fleet Replacements. The individual units wilt be assigned to Solid Waste, Wastewater Treatment, Facilities Management, Electric Meter Reading, Electric Distribution, Code Enfomement, Street, Water/Sewer, Parks, Police and Technology Services. Cary Tower, Fleet Services Superintendent, recommends extended warranties for all applicable vehicles. The prices listed have been adjusted to include a minimum of four- year or 75,000 mile warranty. A tracking method is in place to take advantage of the extended warranties. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed: ITEM DESCRIPTION QTY SUPPLIER COST EA. WARRANTY EXT. COST 1 4 Dr. SUV 2 Eckert Hyundai $ 17,670 included $ 35,340 2 Mini Van 1 Bill Utter Ford $ 21,199 $ 1,095 $ 22,294 3 4 Dr. Sedan 1 Philpott Ford $ 15,315 $ 825 $ 16,140 4 ½ TN Pickup SWB 1 Village Ford $ 15,750 $ 1,095 $ 16,845 5 'A TN Pickup LWB 2 Bill Utter Ford $ ~ 6,444 $ 1,095 $ 33,983 6 % TN Pickup 4 x 4 I Village Ford $ ~ 8,750 $ ~ ,145 $ 19,895 7 3A TN Pickup 1 Village Ford $ 20/I 75 $ 'l/145 $ 21,320 8 ~ TN Cab/Chassis 1 Village Ford $ 24,795 $ ~ ,095 $ 25,890 9 3A TN Ext. Cab 1 Village Ford $ 24,295 $ 1,095 $ 25,390 10 ¼ TN Pickup 4 Dr. 4 Bill Utter Ford $ 25,'1 '18 $ '1,750 $ 102,222 11 I TN Cab/Chassis 1 Village Ford $ ~ 9,~ 95 $ 995 $ 20,190 12 1½ TN Cab/Chassis 3 Village Ford $ 27,350 $ 1,250 $ 83,300 13 1 ~A TN Cab/Chassis 4 1 Village Ford $ 29,800 $ ~ ,250 $ 31,050 Dr. Total Award $ 453,859 Agenda Information Sheet March 7, 2000 Page 2 RECOMMENDATION (CONTINUED): The lower prices offered for Item 2 and Item 5 by Showcase Chevrolet and Philpott Ford failed to meet specifications for certified low emission vehicle (LEV) engines and/or size of vehicle. The bid offered by Lee Jarman Ford expired 3-1-00. PRINCIPAL PLACE OF BUSINESS: See Tabulation Sheet for locations ESTIMATED SCHEDULE OF PROJECT: Quoted delivery of the various vehicles ranges from 30 to 210 days after receipt of a purchase order. FISCAL INFORMATION: The acquisition of this fleet of vehicles will be funded from 1999/2000 Motor Pool Replacement funds and 1999/2000 budget funds approved during the budget process. Attachment 1: Tabulation Sheet 1340.AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 Bid # 2457 TABULATION SHEET Date: 2-1-00 FLEET VEHICLES No. I Qty. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR !iil ! ill i Lee Jarmon Huffines Philpott Eckert Bill Utter Village Ford Showcase Jim McNatt Ford Dodge Ford Chevrolet Honda' Hyundia Ford TX Dallas, TX Denton, TX TX TX TX i~ii~iii~i~i~i~i~ii Lewisville, Carrollton, Lewisville, Nederland, Dei~ton, TX Corinth, TX 1 2 4 DR SUV NB $21,630 NB $19,696 NB NB $17,670 $20,887 2 1 MINI VAN NB $19,100 NB $21,446 $21,900 $17,971 NB $21,199 FOUR DOOR 3 1 SEDAN $15,450 $15,570 NB $15,062 $19,050 $15,315 $15,900 $15,536 1/2-TON PICKUP, $15,750 $16,460 NB $15,930 NB $15,915 NB $15,818 4 1 SWB 1/Z-TON PICKUP, $16,950 $16,710 NB $16,560 NB $15,951 NB $16,444 5 2 LWB 1/2-TON PICKUP, 6 1 LWB 4 WHEEL $18,750 $19,050 NB $19,345 NB $18,881 NB $18,796 DRIVE 7 1 3/4-TON PICKUP $20,175 NB NB $20,601 NB $20,720 NB NB 3/4 - 8 1 TON,CAB/CHASSIS $24,795 NB NB $24,802 NB $25,933 NB $24,910 EXTENDED CAB 3/4-TON PICKUP 9 1 EXTENDED CAB $24,295 NB NB $24,505 NB $24,525 NB NB 3/4-TON PICKUP, 4 10 4 DOOR CREW CAB $25,125 NB NB $25,283 NB $25,452 NB $25,118 1-TON 11 1 CAB/CHASSIS FOR $19,195 $22,800 NB $19,305 NB $19,271 NB $19,305 FLATBED DUMP 1 1/2-TON 12 3 CAB/CHASSIS $27,350 NB NB $27,389 NB $27,427 NB $27,631 1 1/2-TON 13 1 CAB/CHASSIS 4 $29,800 NB NB $29,830 NB $29,992 NB $30,082 DOOR CREW CAB 45-210 90-150 *Price firm 60-90 60-120 DELIVERY DAYS DAYS till 3-1-00 DAYS 90 DAYS 30 DAYS DAYS ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2457 - FLEET VEHICLES AWARDED AS LISTED IN THE TOTAL AMOUNT OF $453,859). 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 Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2457 1 Eckert Hyundia $ 35,340 2457 2,5,10 Bill Utter Ford $ 158,499 2457 3 Philpott Ford $ 16,140 2457 4,6-9,11-13 Village Ford $ 243,880 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 sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount 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: 2457 SUPPLY ORDINANCE AGENDA INFORMATION SHEET AgendaNo., Agendaltem , /'~' Date ~./'7/00 AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Materials Management 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 contract for the purchase of Loader/Backhoe Tractors and a Skid Steer Loader; providing for the expenditure of funds therefor; and providing an effective date (Bid 2459 - Loader/Backhoe Tractors and Skid Steer Loader awarded as listed below, total expenditure $117,635.93). BID INFORMATION: This bid is for the acquisition of two loader/backhoe tractors and a skid steer loader tractor. They are replacement vehicles approved in the budget process. Included in the bid purchase price are extended warranties, and guaranteed buy-back agreements at the end of 36 months. RECOMMENDATION: We recommend this bid be awarded to the lowest overall bidder of each items as listed including applicable options: Item Description Supplier Price Buy-Back Net Cost 1 80 HP Loader Backhoe Future Equip. $ 48,349 $33,092 $15,257.00 2 90 HP Loader Backhoe Future Equip. $ 51,174 $34,363 $16,811.00 3 Skid Steer Loader Conley Lott Nichols $ 18,112.93 $18,112.93 $117,635.93 PRINICPAL PLACE OF BUSINESS: Future Equipment Euless, TX Conley Lot Nichols McKinney, TX ESTIMATED SCHEDULE OF PROJECT: Delivery for the listed equipment is quoted to be 30 to 70 days after receipt of an order. Agenda Information Sheet March 7, 2000 Page 2 FISCAL INFORMATION: The purchase of the three pieces of machinery will be funded from Motor Pool Lease account (720-025-0584-9104) in the amount of $117,635.93. At the end of 3 years the supplier of bid item 1 and 2 will re purchase these items in the total amount of $67,455.00 for a net cost to the City of $50,180.93. Attachment 1: Tabulation Sheet 1341 AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULTION SHEET Bid # 2459 LOADER/BACKHOE TRACTOR Date: 2/17/00 No I Qty. l DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR iiiiii}iiii}ii} Dallas Ford Conley, Lott, Future New G & G Tractor No Bid Nichols Equipment Holland 1 LOADER/BACKHOE, 80 HP EA. CLASS, 14' DIGGING DEPTH, 2 NB $45,554.00 $46,829.00 $44,850.00 RDO Equip. 1 WHEEL DRIVE BUY BACK FOR #1 $33,092.00 $11,250.00 Darr Equip. LOADER/BACKHOE, 90 HP 1 CLASS, 18' DIGGING DEPTH clemons EA. WITH EXTENDED DIGGING NB $47,659.00 $48,751.00 $49,001.00 Tractor 2 . STICK, 2 WHEEL DRIVE BUY BACK FOR #2 $34,363.00 $12,250.00 Martins Equip. 1 SKID STEER LOADER WITH Howard McNair EA. SMOOTH BUCKET $15,463.88 $16,343.00 $16,899.00 Co. 3 OPTIONAL EQUIPIMENT Continental Comm. 1 Hydraulic Tool Circuit $1,430.00 $1,390.00 $1,512.00 2 Air Conditioned Cab $1,365.00 $1,990.00 $1,851.00 3 24" Trenching Bucket (2 ONLY) $720.00 $807.00 $687.00 4 Grapple Bucket (ITEM 3) $1,827.29 $2,230.00 $2,200.00 $2,228.00 5 Optional 5 yr/5,000 hr Warranty $821.76 $1,048.00 $1,600.00 $750.00 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF LOADER/BACKHOE TRACTORS AND A SKID STEER LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2459 - LOADER/BACKHOE TRACTORS AND SKID STEER LOADER AWARDED AS LISTED BELOW, TOTAL EXPENDITURE $117,635.93). 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 2459 l&2 Future Equipment $ 99,523.00 2459 3 Conley Lott Nichols $18,112.93 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, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or purs/~ant 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: 2459 SUPPLY. ORDINANCE-2-00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET A~e~ela ~o.~~ Agenda Item March 7, 2000 Questions concerning this acquisition may be directed Materials Management to Sharon Mays 349-8487 DuBose, Fiscal and Municipal Services~-----~ Kathy SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of Distribution Wire and Cable; providing for the expenditure of funds therefor; and providing an effective date (Bid 2460 - Annual Price Agreement for Distribution Wire and Cable in the estimated amount $850,000). BID INFORMATION: This bid is for the annual supply of electric distribution wire and cable. These materials are ordered on an as needed basis and utilized by Denton Municipal Electric in the maintenance and new construction of the overhead and underground electric distribution system. RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting bid specifications as listed below: Item Description Service Provider Price 1 750 MCM Copper Primary Cable Wesco $5.150/ft. 2 500 MCM Copper Primary Cable Wesco $3.700 / ft. 3 250 MCM Copper Primary Cable Wcsco $2.400 / ft. 4 //2 Alum. Primary Cable Temple, Inc. $1.000 / ft. 5 #2 3 Phase Alum. Cable Techline $3.560 / ft. 6 4/0 Alum. Primary Cable Techline $1.310 / ft. 7 2/0-2/0-1 Und. Cable Wesco $ .670 / ft. 8 4/0-4/0-2/0 Und. Cable Wesco $ .983 / ft. 9 4/0 Bare Alum. Wesco $ .350 / ft. 10 795 Bare Alum. Priester $ .883 / ft. 11 556 Bare Alum. Wesco $ .750 / ft. 12 #8 PICA Wesco $ .390 / ft. 13 250 - 3/0 Priester $3.662 / ft. PRINICPAL PLACE OF BUSINESS: (See attached Tabulation Sheet for Place of Business) Agenda Information Sheet March 7, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: The quoted delivery of the various items varies from 10 days to 120 days after receipt of an order. FISCAL INFORMATION: Funding will be from Warehouse Inventory 1999/2000 budget. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 134--. AGENDA '"'"'"'"'"'"'"'"'"'"'"'"'"'"'"' '"'"'"'"'"'"'"'"'" ~ :::::::::::::::::::::::::::::::::::::::::::: 0 0 I- W ~-UJ I--T ~ ~ W ORDINANCE NO. __ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AN ANNUAL CONTRACTS FOR THE SUPPLY OF DISTRIBUTION WIRE AND CABLE; PROVIDING FOR TI-IE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2460- ANNUAL PRICE AGREEMENT FOR DISTRIBUTION WIRE AND CABLE IN ~ ESTIMATED AMOUNT $850,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" 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 2460 1-3,7-9,11,12 Wesco Exhibit "A" 2460 4 Temple, Inc. Exhibit "A" 2460 5,6 Techline Exhibit "A" 2460 10,13 Priester Exhibit "A" 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 l/I. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fore,al written agreemem a~ 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 sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursnant 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: 2460 SUPPLY. ORDINANCE 2000 EXHIBIT "A" TABULATION SHEET Bid# 2460 2/10/00 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION WIRE & CABLE No. Qty. DESCRIPTION Techline Temple Wesco Techline (Kerite) Priester ~!!!~ ~ ~i ~ Corinth Haltom City Ft Worth Ft Worth Arlington 40,000 CABLE, PRI. CU.EPR 750 5.150 I FT MCM 80,000 CABLE, PRI. CU.EPR 500 :3.700 2 FT MCM 40,000 CABLE, PRI. CU.EPR 250 2.400 3 FT MCM 50,000 CABLE, PRI. ALU. # 2 1.000 4 FI' CABLE, PRI. ALU. # 2, 3 5,000 PHASE (LINEAR Ft.) 1,000 ff. 5' FT REELS (3,000) 3.560 20.000 CABLE, PRI.ALUM 4/0 6 FT 1.310 20,000 CABLE, SEC. URD 2/0-2/0-+1 0.670 7 FT ("CONVERSE") 20,000 CABLE, SEC. URD 4/0-4/0-2/0 0.983 8 FT ("SWEETBRIAR XL") 30,000 WIRE, AL. 4/0 BARE 0.350 9 FT ("ALLIANCE") 35,000 WIRE, AL. 795 BARE 0.883 FT ("ARBUTUS") 10 30,000 WIRE, AL. 556 BARE 11 FT ("MISTLETOE") 0.750 30000 #8 PICA 12 FT 0.390 15000 250 3/0 3.662 t3 Ft AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET ADenda No._.-~-.:.~-/~ Agenda item · Date_ -~/7/tgE9 March 7, 2000 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 348-8487 Kathy DuBose, Fiscal and Municipal Services~) SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies and services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2461 - Rubber Goods Testing awarded to J.L. Matthews Co., Inc., in the estimated amount of $30,000). BID INFORMATION: This bid is for the annual contract to test rubber goods used in the handling of energized high volume power lines. The goods consist of rubber gloves, rubber hoses, rubber blankets, "hot sticks" and other related high voltage handling devices. OSHA, ANSI and ASTM safety requirements call for testing of all high voltage rubber goods for wear cracks pinholes and other safety consideration. The primary user of this contract will be the Electric Distribution Division. The lower prices offered by Texas Meter and Device and Power and Telephone failed to meet shipping and delivery requirements. The price for item 4 from Power and Telephone is an obvious error. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, J.L. Matthews, Co., Inc., in the estimated amount of $30,000. The contract is for a one-year period renewable for two additional one-year periods. PRINICPAL PLACE OF BUSINESS: J.L. Matthews, Co., Inc. Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT: Rubber goods are normally picked up, tested and returned with in two weeks. FISCAL INFORMATION: Funding for the testing of rubber goods will come from the 1999/2000 budget. Agenda Information Sheet March 7, 2000 Page 2 Attachment 1: Tabulation Sheet 1343.AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET Bid # 2461 DATE 1/27/00 ANNUAL PRICE AGREEMENT FOR RUBBER GOODS TESTING NoI Qty. I DESCRIPTION VENDOR VENDOR VENDOR J. L. Mathews Texas Meter & Power and Co., Inc. Device Telephone EA CLASS "O" RUBBER GLOVES $3.95 $4.70 $2.95 1 EA CLASS "2" RUBBER GLOVES $3.95 $4.70 $2.95 2 EA CLASS "2" RUBBER SLEEVES $10.00 $7.25 $5.50 3 EA HOT- STICK TESTS $62.50 $36.75 $6.00 4 ORDINANCE NO. AN ORDINANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDiNG AN EFFECTIVE DATE (BID 2461 - RUBBER GOODS TESTiNG AWARDED TO J.L. MATTHEWS CO., iNC., iN THE ESTIMATED AMOUNT OF $30,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO 2461 ALL VENDOR J. L. Mathews Co., Inc. AMOUNT Exhibit "A" 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 tex-ms, 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, condition~, specifications, standard~, quantitie~ and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this .__ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid 246 I-SUPPLY ORDINANCE EXHIBIT "A" Bid # 2461 ANNUAL PRICE AGREEMENT FOR RUBBER GOODS TESTING No.] Qty. I DESCRIPTION ~ VENDOR ~~i~~~~~! J.L. Mathews ~ ~ Co., Inc. EA CLASS "O" RUBBER GLOVES $3.95 1 EA CLASS "2" RUBBER GLOVES $3.95 2 EA CLASS "2" RUBBER SLEEVES $10.00 3 EA HOT- STICK TESTS $62.50 4 AGENDA DATE: DEPARTMENT: ACM: SUBJECT: AGENDA INFORMATION SHEET March 7, 2000 Agenda Na Agenda Iten~ /,'~ Questions concerning this acquisition may be directed Materials Management to Tom Shaw 348-7133 Fiscal and Municipal Serviees~k~ Kathy DuBose, An Ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies and services; providing for the expenditure Of funds therefor; and providing an effective date (Bid 2463 - Annual Contract for Refuse Bags awarded to the lowest bidder Resourceful Bag and Tag Co. in the estimated amount of $87,300). BID INFORMATION: This bid is for the annual contract for the supply of 30-gallon refuse bags. These bags are packaged on rolls of 52 bags, are 1.5 mil thick and measure 30"x37" (30 gallon). The bags are utilized in the residential refuse collection process. Estimated usage is 30,000 rolls per year. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Resourceful Bag and Tag Co. in the amount of $2.91 per roll. The lower price offered by Bemis Co. required deliver of all 30,000 rolls, the estimated annual usage, at one time as well as other exceptions to packaging, printing etc. PRINICPAL PLACE OF BUSINESS: Resourceful Bag & Tag Co. Palos Heights, IL ESTIMATED SCHEDULE OF PROJECT: Delivery will be made in truckload quantities and can be shipped in 35 days after receipt of an order. FISCAL INFORMATION: Funding for the acquisition of refuse bags will be from Warehouse Working Capital and be- recharged to the Residential Solid Waste Division budget as the bags are distributed. Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1344.AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2463 Date: 1/27/00 ANNUAL PRICE AGREEMENT FOR REFUSE BAGS No Qty I DESCRIPTION VENDOR ] .... ~ ............................................... VENDOR VENDOR VENDOR VENDOR ~i~ii~ii~iiii All Indian Resourceful Bemis c/o American Valley Dyna Pak Bag &Tag HGAC Poly Industries Co, 30 Gallon 301M Plastic Refuse $3.00 $5.64 $3.01 $2.91 $2.41 1 Bags 1.5 Mil Delivery Per Spec 14-17 Days, 30 Days 35 Days 45 Days ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF 'FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2463 - ANNUAL CONTRACT FOR REFUSE BAGS AWARDED TO THE LOWEST BIDDER RESOURCEFUL BAG AND TAG CO. IN THE ESTIMATED AMOUNT OF $87,300). 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 Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2463 ALL Resourceful Bag and Tag Co. Exhibit "A" 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 foxmal 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 terrns~ conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BID 2463 - REFUSE BAGS SUPPLY ORDINANCE EXHIBIT "A" Bid # 2463 ANNUAL PRICE AGREEMENT FOR REFUSE BAGS IoI Qty. I DESCRIPTION VENDOR ~:~} i~Res°urceful ~ ~ ~ ° ~ ~ Bag&Tag Co. 30 Gallon 301M Plastic Refuse $2.91 1 Bags 1.5 Mil Delivery 35 Days AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Arian(la No.~ ADendaltem · ~ / ..... Questions concerning this acquisition may be directed Materials Management to Jim Coulter 349-7533 Kathy DuBose, Fiscal and Municipal Services~ 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 2464 - Water Treatment Chemicals awarded as listed below in the estimated amount of $458,600). BID INFORMATION: This bid is for the annual contract to supply Water Treatment Chemicals to the Water Production Division and the Wastewater Treatment Division. Purchases will be made throughout the year on an as needed basis. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed: ITEM # CHEMICAL VENDOR UNIT COST 1 Chlorine 1 Ton DPC 0.1505 lb 301/Ton 2 Chlorine 150//Cylinder Delta 0.49 lb 90/Ton 3 Sulfur Dioxide DPC 0.2275 lb 455/Ton 4 Flurosilicic Acid DPC 0.058 lb 116/Ton 5 50% Caustic (DiaphragmGrade) Pioneer 0.1024951b 204.99/Ton 6 Potassium Permanganate CARUS 1.199 lb 2398/Ton 7 Anhydrous Ammonia DPC 0.28 lb 560/Ton 8 Sulfuric Acid Altivia 0.0375 lb 75/Ton 9 Polymer Polydyne Inc. 0.425 lb 850/Ton PRINICPAL PLACE OF BUSINESS: (See attached Tabulation Sheet for business location) ESTIMATED SCHEDULE OF PROJECT: Delivery of chemicals is quoted to vary from 1 to 7 workdays. Agenda Infomiation Sheet March 7, 2000 Page 2 FISCAL INFORMATION: The funding of Water Treatment Chemicals will come from 1999/2000 fiscal budget funds. Attachment 1: Tabulation Sheet 1345.AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent W LU :::::::::::::::::::::: :::::::::::::::::::::: .;.;.:.;.:.:.;.%.x .:.z.;.:.:.:.z.z .%-z.:.:.:.:.:.:.~ .~.~.~.~.~.~.~.~.~.~.~ ~.~.~.~.~.~.~.~.~.~.~ ~.~.~.~.~.~.~.~.~.~.~...~.~.~.~.~.~.~.~.~.~.~ Z ::::::::::::::::::::: :::::::::::::::::::::: ~ ::::::::::::::::::::: :::::::::::::::::::::: ~ :':':':':':':':':':':' :.:.:.:.:.:.:.:~: ,,, :::::::::::::::::::::: :::::::::::::::~: .... ..............-.....-...-.. ~ :.:.:.:.:.:.:.:.:.:.:..:.:.:.:.:.:.:~ :.:.:.:.:.:.:.:.:.:.:. ~.:.:.:.:.:.:~ :::::::::::::::::::::: :::::::::::::~: ............,..... ,..,......... :.:.:.:.:.:.:...................~ :.:-:.:,:.:.:.:.:.. ~:~:~:~:~:~:~ ::::::::::::r~ .:.:.:.:.:.:.~ .......... ?:.z.z.~. 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 2464 - WATER TREATMENT CHEMICALS AWARDED AS LISTED BELOW 1N THE ESTIMATED AMOUNT OF $458,600). 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 2464 1,3,4,7 DPC Exhibit "A" 2464 2 Delta Exhibit "A" 2464 5 Pioneer Exhibit "A" 2464 6 CARUS Exhibit "A" 2464 8 Altivia Exhibit "A" 2464 9 Polydyne Inc. Exhibit "A" 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, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid 2464 - STANDARD SUPPLY & SERVICE ORDINANCE 2-25-00 EXHIBIT "A" Bid # 2464 WATER TREATMENT CHEMICALS Nol Qty. [ DESCRIPTION VENDOR VENDOR VENDOR VENDORI VENDOR VENDOR ........................................... · ~.~.~.~-,-:.:.~ ................ ~:~::~:~:~:~:~:~:~:~:~:~:~::~:~:~:~:~::~::~i~i~i~i:i~i:i:i~i:i: DPC Ind. Delta Dist. Pioneer Chem Carus Chem Altl¥1a Corp Polydyns Inc. LIQUID CHLORINE (1 TON CYLINDERS .1505 lb 700,000 NSF60 CERTIFIED? YES NO LBS Yes Yes PRICE FIRM MONTHS 1 LIQUID CHLORINE (150 LB. 4500 LBS CYLINDERS) NSF60 .49 lb CERTIFIED? YES NO PRICE Yes Yes 2 FIRM MONTHS SULPHUR DIOXIDE (1 TON 200,000 CYLINDERS) NSF60 CERTIFIED? .2275 Lb. LBS .._YES NO PRICE FIRM No Yes 3 MONTHS FLUOROSILIClC ACID (4 000-4 5000 120,000 GAL. TRUCKLOADS) NSF .058 Lb WET LBS. CERTIFIED? YES NO PRICE Yes Yes 4 FIRM __ MONTHS LIQUID CAUSTIC SODE - DIAPHRAGM 1500,000 GRADE (DRY BASIS POUNDS) NSF60 204.99 Tn DRY LBS CERTIFIED?.__YES ~NO PRICE Yes Yes 5 FIRM ~MONTHS POTASSIUM PERMANGANATE (25 KG. 50,000 CANISTERS) 13,230# SHIPMENTS 1,199 Lb LBS. NSF60 CERTIFIED? YES NO Yes Yes 6 PRICE FIRM MONTHS ~.NHYDROUS AMMONIA 2,500 TO 3,000 LB. SHIPMENTS NSF60 CERTIFIED? .28 Lb 75,000 lbs ~YES ~ NO PRICE FIRM Yes Yes 7 MONTHS SUFURIC ACID- TECHNICAL GRADE 150,000 (SHIPPED BY TANK TRUCK) NSF .0375 Lb LBS CERTIFIED? YES m NO PRICE Yes Yes 8 FIRM MONTHS 85,000 CATIONIC POLYMER NSF60 .425 Lb LBS CERTIFIED? __ YES __NO 9 Yes Yes AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and MUnicipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2466 - Padmounted Switchgear awarded to Cummins Utility Supply in the estimated amount of $230,545). BID INFORMATION: This bid is for the annual contract to supply various sizes of padmounted switchgear. This load interrupter switchgear is used in the new construction and maintenance of the Electric Distribution system. Prices are firm for one year from date of award. RECOMMENDATION: We recommend this annual contract be awarded to the lowest bidder, Cummins Utility Supply as listed below: ITEM 1 2 3 DESCRIPTION / TYPE PRICE Padmounted Switchgear / PME 9 Padmounted Switchgear / PME 10 Padmounted Switchgear / PME 11 $ 9,428.00 each $ 9,733.00 each $ 9,924.00 each PRINICPAL PLACE OF BUSINESS: Cummins Utility Supply Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT: Delivery of PME type switchgear is quoted at 12 weeks after receipt of an order. Agenda InfoLmation Sheet March 7, 2000 Page 2 FISCAL INFORMATION: The order of PME Switchgear will be funded from Warehouse Working Capital account (710- 043-0582-8701) and recharged to the appropriate work order as they are installed. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Pumhasing Agent Attachment 1: Tabulation Sheet 1346.AGENDA ATTACHMENT '1 TABULATION SHEET Bid # 2466 Date: 2/1/00 ANNUAL PRICE AGREEMENT FOR PADMOUNTED SWITCHGEAR ~1ol Qty. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR Priester Temple Techline Cummins PADMOUNTED 15 $9,525 $9,508 $9,560 $9,428 1 SWITCHGEAR PME9 PADMOUNTED 1 $9,834 $9,818 $9,740 $9,733 2 SWITCHGEAR PME10 PADMOUNTED 8 $10,027 $10,008 $9,998 $9,924 3 SWlTCHGEAR PME11 THESE PRICES WILL BE HELD FIRM FOR ONE YEAR FROM DATE OF AWARD: YES NO Yes Yes Yes Yes Delivery 90 Days 84 Days 84 Days 84 Days ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2466 - PADMOUNTED SWITCHGEAR AWARDED TO CUMMINS UTILITY SUPPLY IN THE ESTIMATED AMOUNT OF $230,545). 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 2466 ALL Cummins Utility Supply $230,545 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, quantities arid specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid 2466 Padmount SUPPLY & SERVICE ORDINANCE 2-00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Materials Management Aoenda Item. ~'~ / Questions concerning this acquisition may be directed to Janet Simpson 349-8274/ Dave Hill 349-8350 Kathy DuBose, Fiscal and Municipal Services'~ SUBJECT: An Ordinance accepting competitive bids and awarding annuhl contracts for the purchase of materials, supplies and services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2467- Annual Mowing Contracts awarded as listed below in the estimated total expenditure $65,000). BID INFORMATION: This bid is for the annual contract to supply mowing services for two separate projects. Project A consists of mowing parks, medians and municipal grounds and will be under the direction of the Park Maintenance Division. Project B consists of mowing parcels of land and lots under the direction of the Code Enforcement Division. Prospective bidders were allowed to bid Projects A or B or the combination of the two. RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting bid requirements as listed below: Project A Parks, Medians and Municipal Grounds Item Description Service Provider Amount Per Mowing 1 Parks (Milam & Owsley) M.E.T. Lawncare $ 1,680 2 Medians & Lots Tandem Lawn Mowing $27,740 3 Municipal Grounds M.E.T. Lawncare $11,100 Project B Code Enforcement awarded to Smith Landscapes Mowing Parcels with Unrestricted Access Category Description Up to 3' Over to 3' _I-A Parcels up to 1,000 sq. ft. $25.00/Lot $35.00/Lot II-A Parcels from 10,001 sq. ft. to 1 acre $45.00/Lot $55.00/Lot III-A Parcels 1 acre or over $25.00/Acre $35.00/Acre Agenda Information Sheet March 7, 2000 Page 2 RECOMMENDATION (CONTINUED): Project B Code Enforcement awarded to Smith Landscapes Mowing of Parcels with Restricted Access Category Description Up to 3' Over to 3' I-B Parcels up to 1,000 sq. ft. $35.00/Lot $45.00/Lot II-B Parcels from 10,001 sq. ft. to 1 acre $55.00/Lot $65.00/Lot III-B Parcels 1 acre or over $35.00/Acre $45.00/Acre IV Trash and debris removal $21.00 per cubic yard Lower pricing offered by S.A.S. Contractors failed to meet bid requirements for references and equipment listings. PRINICPAL PLACE OF BUSINESS: M.E.T. Lawncare Tandem Landscape Smith Landscaping Denton, TX Denton, TX Ponder, TX ESTIMATED SCHEDULE OF PROJECT: Project A mowing will be done on an as needed basis within 3-days notice. Project B mowing will be done as directed by Code Enforcement staff also within 3-days notice. FISCAL INFORMATION: Funding for both Projects A and B will taken from 1999/2000 budget funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet for Project A Attachment 2: Tabulation Sheet for Project B 1347 AGENDA ATTACHMENT 1 TABULATION SHEET Bid 2467 (Pro!ect A) Date: 2-17-00 ANNUAL MOWING BID No ]Qty, DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR '~' Contractors Landscapes Lawncare Mowing Service PARKS 1 TOTAL $__ (Per Mowing) $2,000 $1,900 $1,680 $1,820 $2,750 $3,800 MEDIANS & OTHER LOTS BID AS LISTED (Per Mowing) $.~ $18,900 $28,240 $30,400 $27,740 $31,570 NB 2 MUNICIPAL GROUNDS (Per Mowing) 3 TOTALS $8,180 $13,120 $11,100 $12,720 $11,110 NB * No Equipment List * No References o ~ . C o o. o ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ANNUAL CONTRACTS FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF 'FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2467- ANNUAL MOWING CONTRACTS AWARDED AS LISTED BELOW IN THE ESTIMATED TOTAL EXPENDITURE $65,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" 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 2467 Project A (1,3) M.E.T. Lawncare Exhibit "A" 2467 Project A (2) Tandem Lawn Mowing Exhibit "A" 2467 Project B (ALL) Smith Landscapes Exhibit "A" 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, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the accePtance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2467 SUPPLY. ORDINANCE 2000 EXHIBIT "A" Project A Parks, Medians and Municipal Grounds Item Description 1 Parks (Milam & Owsley) 2 Medians & Lots 3 Municipal Grounds Service Provider M.E.T. Lawncare Tandem Lawn Mowing M.E.T. Lawncare Project B Mowing Parcels with Unrestricted Access Category .I-A II-A III-A Code Enforcement awarded to Smith Landscapes Description Parcels up to 1,000 sq. ft. Parcels from 10,001 sq. ft. to 1 acre Parcels 1 acre or over Up to 3' $25.00/Lot $45.00/Lot $25.00/Acre Project B Mowing of Parcels with Restricted Access Category I-B II-B III-B Code Enforcement awarded to Smith Landscapes Description Parcels up to 1,000 sq. ft. Parcels from 10,001 sq. ft. to 1 acre Parcels 1 acre or over Up to 3' $35.00/Lot $55.00/Lot $35.00/Acre Project B IV Code Enforcement awarded to Smith Landscapes Trash and debris removal $21.00 per cubic yard Amount Per Mowing $ 1,680 $27,740 $11,100 Over to 3' $35.00/Lot $55.00/Lot $35.00/Acre Over to 3' $45.00/Lot $65.00/Lot $45.00/Acre AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET AgendaNo.: :~0-~ Agenda Item . 417o March 7, 2000 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~) SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2471 - Electrically Controlled Line Reclosers awarded to Cooper Power Systems c/o Priester Supply in the not to exceed amount of $122,112). BID INFORMATION: This bid is for the annual contract to supply electronically controlled line reclosers on an as needed basis. Initially four reclosers will be ordered for modifications to the Pockrus Substation to improve service and dependability to the Windriver area, the Lake Lewisville area, State School Road area and Denton Regional Medical Center. One additional unit will be ordered as a stand by spare. RECOMMENDATION: We recommend this annual contract be awarded to the lowest bidder, Cooper Power Systems c/o Priester Supply in the amount of $15,264 each, we anticipate ordering up to eight line reclosers. PRINICPAL PLACE OF BUSINESS: Cooper Power Systems c/o Priester Supply Arlington, TX ESTIMATED SCHEDULE OF PROJECT: This is an annual contract for reclosers with quoted delivery of 84 days after receipt of an order. PRIOR APPROVAL: The Public Utility Board considered this acquisition on February 21, 2000. Agenda Information Sheet March 7, 2000 Page 2 FISCAL INFORMATION: The purchase of reclosers will be funded from account (653-080-RB98-3650-9219-C054004B). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1348 .AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2471 15KV ELECTRONICALLY CONTROLLED RECLOSERS Date: 2/10/00 NoI Qty. I DESCRIPTION VENDOR VENDO~ I VENDOR VENDOR VENDOR Cooper Power ~.: Len T. ~;~ Wesco Cummins Supply c/o n, Deloney Priester 15kY ELECTRONICALLY EA. CONTROLLED $15,358.65 $16,811.25 $16,144.00 $16,334.00 1 RECLOSERS MFG, Cooper ?,~: " Siemens ABB EE Power '~ ~~~ EVME & MODEL VVVE ~ Centurion VR-35 EEM3 THROUGH PRICES FIRM 12/31/00 ~~ I 4/10/00 3/31/00 3/1/00 Delivery 84 Days ii~~ 56 Days 56-70 Days 70-84 Days ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2471 - ELECTRICALLY CONTROLLED LINE RECLOSERS AWARDED TO COOPER POWER SYSTEMS C/O PRIESTER SUPPLY IN THE NOT TO EXCEED $122,112). 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 Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2471 ALL Cooper Power Systems Exhibit "A" c/o Priester Supply 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 fomial 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, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid 2471-SUPPLY ORDINANCE Exhibit "A" Bid # 2471 15KY ELECTRONICALLY CONTR IoI Qty. I DESCRIPTION VENDOR Cooper Power Su. pply cio Priester Supply (Alt) 15KV ELECTRONICALLY EA. CONTROLLED $15,264.00 1 RECLOSERS MFG. Cooper MODEL Nova PRICES FIRM 12/31/00 THROUGH Delivery 84 Days AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET AoendaNo. :: 00 01 , ADenda Item, . March 7, 2000 Purchasing Questions concerning this acquisition may be directed to Sharon Mays 349~8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (Purchase Orders 03178 to Reliant Energy HL&P, 03179 to Central Power & Light Co., 03181 to TXU Elco. Transmission Div., in the total amount of $445,442.25). BID INFORMATION: The three purchase orders reflect the estimated cost of transmission of electrical energy from the generation source to the Denton Municipal Electric Distribution System for the year 2000. The purchase orders are for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy delivered to the City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 30, 2000. No funds will actually be spent until invoices are received, reviewed, and approved. RECOMMENDATION: We recommend approval of Purchase Order 03178-Reliant Energy HL&P in the amount of $134,559.75, Purchase Order 01379 - Central Power & Light in the amount of $65,252.50 and Purchase Order 03181 to TXU Elec. Transmission Div. in the amount of $245,630, total amount if $445,442.25. Agenda Information Sheet March 7, 2000 Page 2 PRINCIPAL PLACE OF BUSINESS: Reliant Energy HL&P Houston, TX Central Power & Light Co. Tulsa, OK TXU Elec. Transmission Div. Dallas, TX FISCAL INFORMATION: Funds to meet these regulatory fee obligations were budgeted in a 1999-00 budget account (610-132-1032-5650-8587). The rate remains unchanged from t997-98 figures. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 03178 - Reliant Energy HL&P Purchase Order 03179 - Central Power & Light Co. Purchase Order 03181 - TXU Elco. Transmission Div. $134,559.75 $ 65,252.50 $245,630.00 1336.AGENDA ATTACHMENT I o --8o~ 8E~-o ~ o d LM ~o~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 03178 TO RELIANT ENERGY HL&P, 03179 TO CENTRAL POWER & LIGHT CO., 03181 TO TXU ELEC. TRANSMISSION DIV., IN THE TOTAL AMOUNT OF $'445,442.25). WHEREAS, in order to comply with the legislative requirements contained in the Public Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to three listed utilities set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of $445,442.25 to be paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is here authorized. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: FEE ORDINANCE PC 03178,03179,031 $1 EXHIBIT "A" Purchase Order 03178 - Reliant Energy HL&P Purchase Order 03178 - Central Power & Light Co. Purchase Order 03181 - TXU Elec. Transmission Div. $134,559.75 $ 65,252.50 $245,630.00 TOTAL $445,442.25 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Materials Management Agenda I'~em-' i '~/--/ Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance approving the expenditure of funds for the purchase of Automated Meter Reading Transmitters available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (Purchase Order 03370 to Hunt Technologies Inc., in the amount of $149,750). PURCHASE ORDER INFORMATION: This purchase order is for the sole source acquisition of remote electric meter reading transmitters or "Turtles". Theses transmitters allow for electronic meter reading through power lines, thereby reducing cost of service, eliminate human error, report tampering and power outages and reduce the cost of reading meters. Single Source acquisitions for items available from only one source are exempt from the competitive bid process as per Chapter 252 Texas Local Government Code. In August of 1996 the Electric Meter Reading Division of the Denton Municipal Electric Department initiated a pilot program to evaluate the feasibility of remote reading of electric meters. The program continues to be successful and is being expanded by an addition 2500 meters. RECOMMENDATION: We recommend Purchase Order 03370 to Hunt Technologies Inc. for 2500 "Turtle" transmitters be approved in the amount of $149,750. PRINCIPAL PLACE OF BUSINESS: Hunt Technologies Inc. Pequot Lakes, MN ESTIMATED SCHEDULE OF PROJECT: Delivery is scheduled for the third week in March 2000. Installation will be over a six to nine month period. Agenda Infomiation Sheet March 7, 2000 Page 2 FISCAL INFORMATION: This purchase will be funded from Warehouse Inventory Working Capital account (710-043- 0582-8701) and recharged to the using department as the transmitters as installed. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 03370 to Hunt Technologies Inc. Attachment 2: Sole Source Verification Attachment 3: Quotation from Tejas Utility Services 1337.AGENDA ATTACHMENT 1 O E~-o 0 0 0 0 0 0 O0 0 6'4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 ,. 0 0 0 0 0 0 ~l ~1 0 0 '~ ~ E~ LC') ~ ~4 0 0 · CO 0 0 O~ 0 0 0 0 0 0 0 0 0 0 0 C~ 02/25/00 12:04 FAX 2185625133 HUNT SLSb2~[T HuntS Technologies /nc. M mOr dum To~ From: Date: Re: Denise Hmpool, Purchasing Manager Toni Chezok, Sales Support Supervisor 02125/00 AMR Provider Hunl Technologies, Inc. invites Denton Municpal Electric m request quotes and commence business related m Hunt's products with Hunt Technologies. We are the sole l~rovider of the Turtle Automatic Meter Reading/Energy Management System to Dentnn Municipal. Denton Municipal is pail ora buying group made up of many utih'ties in Texas. You may request quotes directly from Hunt Technologiez. Your contact at Hunt Teehnologieg i~ Toni Che. zolq Sales Support Supervisor. If you have any questions or need additional information, please do not hesitate to contact me. Thank yotc HuntA Technologie Inc. ATTACHMENT 3 Z © Con~l~t Stete ZIP CocIo Phone Nufltb41 Fax ldumJ3e Denton Munic, ipad Elm;triG 25 2.500 1 Extemal (three phase) Tugde Tmnsmilter~ Sif~gle Pha~ Tultle Tmnsm~ ,S~n~ Rec~m Mini Re~ Es~ ~i~i~ C~ Te~ma & Oonditionl: !bm queM is vaid f~r 60 days Ffelgll! & tax f~ot included 114.00 52.00 4,2,~LOO 3,660.00 200,00 Date Feoruaty 4, 3000 __ T.o.taf S 2,~0.00 S 130,000.00 $ ~2,750.00 S 3.950.00 S 200.00 L.~_ TOIII i 149,750.00 Regional MenJoer, Denny Radtord (~ 573-341~963 Sales Support ~p~Yisot: Toni Che;ok 0 800-926-6254 ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUTOMATED METER READING TRANSMITTERS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 03370 TO HUNT TECHNOLOGIES, INC. IN THE AMOUNT OF $149,750). 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 03370 Hunt Technologies Inc. $149,750 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 Department. 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. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY JACK MILLER, MAYOR BY: 03370-SOLE SOURCE AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Materials Management Aoenda ~o.~ 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 proprietary software 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 03612 to Oracle Government DMD, in the amount of $83,535). PURCHASE ORDER INFORMATION: This purchase order is for the acquisition of five Oracle Standard Edition Software user licenses and 150 Oracle Enterprise Edition Software Licenses, one development query and reporting tool license and one year Technical Support. The Oracle software is required to implement the JD Edward Financial and Human Resources Software. Purchase Order 03612 is for the sole source acquisition of software protected by copyright and available from only one source. This Oracle software is the selected platform for the operation of the recently acquired JD Edwards Financial and Human Resources Software. The initial acquisition of the JD Edwards Software included the Oracle Software in the total amount. However, we are now deleting Oracle from the JD Edwards contract and purchasing directly from Oracle Government DMD. The price quoted by Oracle service Industries is below the current published price in the State of Texas QISV catalogue. RECOMMENDATION: We recommend Purchase Order 03612 to Oracle Government DMD be approved in the amount of $83,535. PRINCIPAL PLACE OF BUSINESS: Oracle Government DMD Reston, VA ESTIMATED SCHEDULE OF PROJECT: The Oracle Software can be shipped in one week. Training can be completed in two to three weeks and full implementation will be completed as "JD Edwards" is implemented. Included in the price is $15,064 for annual technical support. Agenda Information Sheet March 7, 2000 Page 2 PRIOR ACTION/REVIEW: Council approved the acquisition of the JD Edwards Software on November 2, 1999, in the amount of $730,540. That amount included $83,535 from Oracle Software. FISCAL INFORMATION: Funding for this sole source acquisition of software is available from the Technology Fund account (770-044-COMP-9847-9107). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 03612 to Oracle Government DMD Attachment 2: Quotation from Oracle Corp. Attachment 3: Oracle License Terms 1338~AGENDA ATTACHMENT 1 -Zoj "r~ o 0 o 0 o 0 0 0 0 0 0 0 0 ATTACHMENT 2 ATTACHMENT 3 Oracle License Terms "We," "us," and "our" refers to Oracle. "You" and "your" refers to the individual or entity that has ordered programs or technical support from Oracle. "Programs" refers to the software products which you have ordered, program documentation, and any program updates acquired through technical support. What This License Agreement Covers This license agreement includes the terms provided below and the terms of the order which you have previously completed. Your order is not effective until accepted by us. We will notify you of our acceptance, and your notice will include a copy of your license agreement. Upon our acceptance, we grant you the limited right to use our programs solely for your business operations subject to the terms of this license agreement and the program documentation. You may allow your agents and contractors to use the programs for this purpose subject to the terms of this license agreement. Program documentation is either shipped with the programs, or you may access the documentation online at http://docs.oracle.com. If ordered, annual technical support is provided under our technical support policies, which are subject to change. These policies may contain additional terms which you may access online at http://oracle.com/support/. This agreement is governed by the laws of California. Ownership and Restrictions We retain all ownership and intellectual property rights to the programs. You may make a sufficient number of copies of each program for your licensed use and one copy of each program for backup purposes when your system is inoperative; we must approve any additional copies you make. You may not: · remove or modify any program markings or any notice of our proprietary rights; · re-license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the programs; · use the programs to provide third party, training except for training agents and contractors that you have authorized under this license agreement; · assign this license agreement or give the programs or an interest in the programs to another individual or entity; · cause or permit reverse engineering or decompilation of the programs, unless required for interoperability; or · disclose results of any program benchmark tests without our prior consent. You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation. Page 1 We may audit your use of the programs. If we give you 45 days advance written notice, you agree to cooperate with our audit, and provide us with reasonable assistance and access to information. You agree to pay any underpaid license and technical support fees. Warranties, Disclaimers and Exclusive Remedies We warrant that programs will substantially operate as described in the applicable program documentation for one year after we deliver them to you. We also warrant that technical support will be provided consistently with industry standards, and this warranty is valid for a period of 90 days from performance of the service. THESE WARRANTIES DO NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT WE WILL CORRECT ALL PROGRAM ERRORS. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND TAKE THE PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. IF WE CANNOT SUBSTANTIALLY CORRECT A BREACH OF OUR WARRANTIES, IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE OR TECHNICAL SUPPORT AND RECOVER THE LICENSE FEES OR TECHNICAL SUPPORT FEES PAID TO US UNDER THIS LICENSE AGREEMENT, AS APPLICABLE. THIS IS YOUR EXCLUSIVE REMEDY. Trial Programs You may order trial programs, or we may include additional programs with your order which you may use for trial purposes only. You have 30 days from the delivery date to evaluate these programs. If you decide to use any'of these programs after the 30 day trial period, you must obtain a license for each program from us. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs. End of License Agreement If you breach the terms of this license agreement and fail to correct the breach within 30 days after we notify you, we may end this license agreement and your use of programs and technical support. If we end this agreement, you must pay within 30 days all amounts which have accrued prior to the end of this license agreement. Fees and Taxes All fees payable to us are due within 30 days, and you also agree to pay any sales, value- added or other similar taxes which we must pay based on the programs or technical support you have acquired. Page 2 Indemnification If someone makes a claim against you that our programs infringe their intellectual property rights, we will indemnify you. To obtain this protection, you must: · notify us promptly in writing, not later than30 days after you receive notice of the claim, or sooner if required by applicable law; · give us sole control of the defense and any settlement negotiations; and · give us the information, authority, and assistance we need to defend against or settle the claim. If we believe that any of our programs may have violated someone else's intellectual property rights, we may choose to either modify the programs or obtain a license to allow tbr continued use, or if these alternatives are not commercially reasonable, we may end the license for the applicable program and refund any license fees you have paid for it. We will not indemnify you if you use a superseded or altered release of a program and the infringement claim could have been avoided by using the current unaltered release of the program. This section provides your exclusive remedy for any infringement claims or damages. Entire Agreement You agree that this license agreement is the complete agreement for the programs and technical support ordered, and this license agreement supersedes all prior or contemporaneous agreements or representations. If any term of this license agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. OUR MAXIMUM LIABILITY FOR ANY DAMAGES WHETHER IN CONTRACT OR TORT WILL NOT EXCEED THE FEES WHICH YOU PAID US FOR THIS ORDER, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF A PROGRAM OR TECHNICAL SUPPORT, THE LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT PROGRAM OR TECHNICAL SUPPORT. Printed Name Title .g~ 'r ~.~.~'z-~.- The following agreement has been reviewed and accepted: Date ~ ~ //~, ,~,D.~ 'y Page 3 ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROPRIETARY SOFTWARE 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 03612 TO ORACLE GOVERNMENT DMD, IN THE AMOUNT OF $83,535). 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, and the license terms attached hereto are hereby approved: PURCHASE ORDER VENDOR AMOUNT Oracle Government DMD 03612 $ 83,535 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 Department. 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. 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: 03612 SOLE SOURCE ORDINANCE Oracle License Terms "We," "us," and "our" refers to Oracle. "You" and "your" refers to the individual or entity that has ordered programs or technical support from Oracle. "Programs" refers to the software products which you have ordered, program documentation, and any program updates acquired through technical support. What This License Agreement Covers This license agreement includes the terms provided below and the terms of the order which you have previously completed. Your order is not effective until accepted by us. We will notify you of our acceptance, and your notice will include a copy of your license agreement. Upon our acceptance, we grant you the limited right to use our programs solely for your business operations subject to the terms of this license agreement and the program documentation. You may allow your agents and contractors to use the programs for this purpose subject to the terms of this license agreement. Program documentation is either shipped with the programs, or you may access the documentation online at http://docs.oracle.com. If ordered, annual technical support is provided under our technical support policies, which are subject to change. These policies may contain additional terms which you may access online at http://oracle.com/support/. This agreement is governed by the laws of California. Ownership and Restrictions We retain all ownership and intellectual property rights to the programs. You may make a sufficient number of copies of each program for your licensed use and one copy of each program for backup purposes when your system is inoperative; we must approve any additional copies you make. You may not: · remove or modify any program markings or any notice of our proprietary rights; · re-license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the programs; · use the programs to provide third party training except for training agents and contractors that you have authorized under this license agreement; · assign this license agreement or give the programs or an interest in the programs to another individual or entity; · cause or permit reverse engineering or decompilation of the programs, unless required for interoperability; or · disclose results of any program benchmark tests without our prior consent. You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation. Page 1 We may audit your use of the programs. If we give you 45 days advance written notice, you agree to cooperate with our audit, and provide us with reasonable assistance and access to information. You agree to pay any underpaid license and technical support fees. Warranties, Disclaimers and Exclusive Remedies We warrant that programs will substantially operate as described in the applicable program documentation for one year after we deliver them to you. We also warrant that technical support will be provided consistently with industry standards, and this warranty is valid for a period of 90 days from performance of the service. THESE WARRANTIES DO NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT WE WILL CORRECT ALL PROGRAM ERRORS. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND TAKE THE PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. IF WE CANNOT SUBSTANTIALLY CORRECT A BREACH OF OUR WARRANTIES, IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE OR TECHNICAL SUPPORT AND RECOVER THE LICENSE FEES OR TECHNICAL SUPPORT FEES PAID TO US UNDER THIS LICENSE AGREEMENT, AS APPLICABLE. THIS IS YOUR EXCLUSIVE REMEDY. Trial Programs You may order trial programs, or we may include additional programs with your order which you may use for trial purposes only. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30 day trial period, you must obtain a license for each program from us. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs. End of License Agreement If you breach the terms of this license agreement and fall to correct the breach within 30 days after we notify you, we may end this license agreement and your use of programs and technical support. If we end this agreement, you must pay within 30 days all amounts which have accrued prior to the end of this license agreement. Fees and Taxes All fees payable to us are due within 30 days, and you also agree to pay any sales, value- added or other similar taxes which we must pay based on the programs or technical support you have acquired. Page 2 Indemnification If someone makes a claim against you that our programs infringe their intellectual property rights, we will indemnify you. To obtain this protection, you must: · notify us promptly in writing, not later than'30 days after you receive notice of the claim, or sooner if required by applicable law; · give us sole control of the defense and any settlement negotiations; and · give us the information, authority, and assistance we need to defend against or settle the claim. If we believe that any of our programs may have violated someone else's intellectual property rights, we may choose to either modify the programs or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, we may end the license for the applicable program and refund any license fees you have paid for it. We will not indemnify you if you use a superseded or altered release ora program and the infringement claim could have been avoided by using the current unaltered release of the program. This section provides your exclusive remedy for any infringement claims or damages. Entire Agreement You agree that this license agreement is the complete agreement for the programs and technical support ordered, and this license agreement supersedes all prior or contemporaneous agreements or representations. If any term of this license agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Limitation of Liabilit~ NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. OUR MAXIMUM LIABILITY FOR ANY DAMAGES WHETHER IN CONTRACT OR TORT WILL NOT EXCEED THE FEES WHICH YOU PAID US FOR THIS ORDER, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF A PROGRAM OR TECHNICAL SUPPORT, THE LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT PROGRAM OR TECHNICAL SUPPORT. The following agreement has been reviewed and accepted: Printed Name ~c ~ ~-. ~ r'~ 2-- Page 3 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Agenda AJo ..... Agenda Item March 7, 2000 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services ~'~ SUBJECT: An Ordinance authorizing the City Manager to execute a professional services agreement with Intellisys Group, Inc. for the design and installation of a streaming media system and related services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (Professional Services Agreement (PSA) 2458 - Design and Installation of a Streaming Media System and Related Services awarded to Intellisys Group, Inc. in the amount of $170,279). PSA INFORMATION: Representatives from the Technology Services Division have reviewed a proposal from Intellisys Group, Inc. to provide a streaming media system. The system will enable the City of Denton to make our council meetings available over the World Wide Web and provide a library of these files for future reference to anyone with Web access. The price structure for the submitted proposal is based upon Intellisys Group, Inc. catalogue. Intellisys Group, Inc. is a State of Texas Qualified Information Services Vendor (QISV) through Pro Line Video, Inc., now doing business as Intellisys Group, Inc. RECOMMENDATION: We recommend the professional services agreement between Intellisys Group, Inc. and the City of Denton be approved in the amount of $170,279.00 PRINCIPAL PLACE OF BUSINESS: Intellisys Group Irving, TX PRIOR ACTION/REVIEW: PSA 2458 for Design and Installation of a Streaming Media System was presented to Council for consideration on February 22, 2000. Agenda Information Sheet March 7, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: The project to allow access to council meetings on the World Wide Web is scheduled for start up the third week in March 2000 and to be completed the third week in April 2000. FISCAL INFORMATION: Funding for this system is available from Technology Fund budget account (771-044-COMP- 9847-9107). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 02313 to Intellisys Group Attachment 2: QISV Certification 1349.AGENDA ATTACHMENT 1 O 0 0 0 0 0 0 0 0 0 0 0 O O O O ,~ ,-t 0 0 ATTACHMENT 2 January 3, 2000 Mr. Alex Pctit City of Denton, TX Re&rence: Intellisys Group Q[SV stotus Dear Mr. Petit: For your information, Intcllisys Group is a Qualified Informatl, ~ Systems Vendor through the purchase of Pro Line Video, Inc., now doing busine!~ s as Intellisys Group. The Pro I,ine Video Vendor Identification Number (VID) is 1-74, .1990483-8 and all vendor contact information, inchdin~ the online cataloR, is avai]l ~ble at web sate VA~v.p~olin ev ideo.com. lnt~llisys Group, as an individual business entity, is listed on the: Central Master Bidders List (CMBL) under VID #1-94-231-9583-300, pending fi, aalization and approval of the official lntetlisys Group ~ online catalog. S~llcerel~', Sales Executive/Government and Education Ph: 972-554-0481 X217 Fx: 972-~S4-1984 Email: cbailcyi~,,hil~avs.c om ORDINANCE NO. ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTELLISYS GROUP, INC. FOR THE DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2458 - DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND RELATED SERVICES AWARDED TO INTELLISYS GROUP, 1NC. IN THE AMOUNT OF $170,279). SECTION I. That the City Manager is hereby authorized to enter into a professional service contract with Intellisys Group, Inc. for the Design and Installation of a streaming media systems and related services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Manager is authorized to expend funds as required by the attached contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PSA 2458 - CONTRACTUAL FOR PROFESSIONAL SERVICES. ORDINANCE -2000 DESIGN/BUILD PURCHASE AND PROFESSIONAL SERVICES AGREEMENT FOR STREAMING MEDIA SYSTEM STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 2000, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and Intellisys Group, Inc., a Delaware corporation, with its corporate office at 140 East Dana Street, Mountain View, CA 94041, hereinafter called "CONTRACTOR," acting herein, by and through their duly authorized representatives. WlTNESSETH; that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I DEFINITIONS A. Software. The term "Software" shall mean the computer program in object code only and any user manuals. The term "Software" includes any correction bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. B. System. The term "System" shall mean all hardware and software provided to CITY by CONTRACTOR under the terms of this Contract. ARTICLE II EMPLOYMENT OF CONTRACTOR CITY hereby contracts with the CONTRACTOR, as an independent contractor, and the CONTRACTOR hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, CONTRACTOR's design, component selection, sale, assembly and installation of a streaming media system as further described herein. All services, hardware and softxvare provided under the terms of this Contract are to conform in every respect to Article III. ARTICLE III SCOPE OF SERVICES CONTRACTOR shall perform the following services in a professional manner: CONTRACTOR shall perform all those services as necessary and as described in the following scope of services: Systems Implementation CONTRACTOR will provide a complete streaming media System, to include equipment and materials, submittals, testing, training and warranty. The System shall be designed such that a CITY employee receiving training provided by CONTRACTOR would be able to easily operate the System to perform all intended functions without major modification. Installation includes engineering, labor and hardware for display, audio, video, control systems and related equipment rack, equipment mounting, plates, panels, connectors, and cables, including: 2. Scope of Work: a. Installation of Analog Distribution and Source Switching System- The first order of business is to install a analog audio/video distribution and switching system and equipment rack in the City Council Chambers video control room. A single distribution amplifier will be inserted into the signal path directly in front of the existing Cable Television head end modulator. The signal will be distributed and routed back to the Cable TV head end as well as a new matrix switcher. The audio/visual matrix switcher will be the selection point for all sources that feed the encoding stations. Analog signals from up to 7 other sources may be routed through this switcher in the future (VTR, VHS, Beta, DVD, Other Live Feeds). If other analog audio/video sources (in addition to the existing Cable Television feed) are desirable and available for dedicated use within this single equipment rack space at time of installation, CONTRACTOR will provide connections from this additional equipment to the matrix switcher. This capability will be useful for routing audio/video sources (other than the live Cable TV feed) for encoding off line for storage and retrieval on demand. If additional sources or distribution equipment are purchased from CONTRACTOR for this purpose before installation commences, these sources will be incorporated into the system with no additional labor charges. b. Installation of Live Mpeg Streaming Center- A live MPEG streaming device will be installed in the same vertical rack space as the matrix switcher. The MPEG streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The MPEG encoding device will output an MPEG stream over a single 100T connection to be provided by customer. c. Installation of QuickTime Encoding Center- A live QuickTime Streaming Macintosh computer will be installed in the same vertical rack Agreement between City of Denton And Intellisys Group - Page 2 of 16 space as the matrix switcher. The QuickTime streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The QuiekTime device will output a QuickTime stream over a single 100T connection to be provided by customer. d. Installation of REAL G2 Encoding Center- ANT Server with REAL G2 encoding hardware and software will be installed in the same vertical rack space as the matrix switcher. The REAL G2 streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The REAL G2 device will output a REAL G2 stream over a single 100T connection to be provided by customer. e. Installation of Monitor and Switching- A single rack mount monitor and 2 keyboard/mouse trays will be provided for installation in the same rack space as the Encoding devices. The monitor will be capable of switching between the two computer sources. f. Installation of SGI Origin200 Server Hardware- One SGI Origin 200 server with 256mb of RAM, 2 processors and 100G of disk space will be installed in either the same rack as the matrix video switcher or rack space in computer server room to be supplied by customer. g. Installation of Media Base Software- Media Base software will be installed on the SGI Origin 200 server. The Media Base software will enable the capture of live digital video streams to file or distribution over enabled networks provided by customer. The platform will serve 100 simultaneous Intranet, Extranet, WAN, and LAN clients. Licensing for more client connections is available from CONTRACTOR at an additional charge at the time of installation without added installation costs. h. Installation REAL Server Software- REAL Video Server software will be installed on the SGI Origin 200 server. This 100 seat server license will enable G2 streams to be served from the SGI Media Base platform to 100 simultaneous client connections. i. Customer Training- The customer will be trained extensively by CONTRACTOR and its designated training resources on the SGI Origin. 200 platform, Media Base, G2 Encoding and REAL Server, QuickTime encoding and MPEG encoding machines. An advanced level of UNIX, Macintosh, NT and Networking proficiency will be assumed. Each device has its own personality and technical requirements. These issues will be addressed in the training. 3. Customer Assistance- CONTRACTOR will provide customization services to the Media Base platform. A single Graphic Logo of CITY's choosing will be added to the dynamic web pages of the Media Base platform to personalize the web pages for an Agreement between City of Denton And Intellisys Group- Page 3 of 16 enhanced client experience. CONTRACTOR will provide CITY assistance in the development of a log file export routine. CITY will be responsible for any and all third party costs associated with the development of such a routine. CONTRACTOR shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the CITY and the CONTRACTOR, and upon issue of a notice to proceed by the CITY, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the CITY. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONTRACTOR shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or his designate. ARTICLE V COMPENSATION A. COMPENSATION TERMS: BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONTRACTOR herein, the CITY agrees to pay, based on the costs copied below from CONTRACTOR's proposal, a total flat fee not to exceed $170,279. Schedule Of Values: Live RealNetworks G2 Streaming Center - Live MPEG Streaming Center - Expedited Analog Distribution System - 100 Seat Low Bit Rate Media Distribution Server, Web Server Catalog Center and Storage Solution - $9,498 10,257 4,300. 89,898 *ProPlusTM Platinum 1 Year Onsite Maintenance - Live Quick Time Streaming Hardware - $19,234 $10,999 Installation - 26,093 System Total $170,279 Agreement between City of Denton And Intellisys Group - Page 4 of 16 Partial payments to the CONTRACTOR will be made on the basis of detailed statements rendered to and approved by the CITY through its City Manager or his designate; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the final ten percent (10%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designate, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONTRACTOR when the CONTRACTOR is in default under this Agreement. It is specifically understood and agreed that the CONTRACTOR shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum "not to exceed" fee as stated, without first having obtained written authorization from the CITY. The CONTRACTOR shall not proceed to perform the services listed below in Subparagraph B as "Additional Services," without obtaining prior written authorization from the CITY. ADDITIONAL SERVICES: For additional services authorized in writing by CITY, CONTRACTOR shall be paid based on the Schedule of Charges at an hourly rates shown below. Payments for additional services shall be due and payable upon submission by the CONTRACTOR. Statements for additional services shall not be submitted more frequently than monthly. Labor rate quotations for basic and conditional additional services are based on standard working hours, Monday-Friday, 8am-5pm. Overtime charges are assessed as applicable. CONTRACTOR's labor rates will be invoiced within the following range: a. Project Director $125-$150/hour b. Project Designer $80-$100/hour c. Project Engineer $80-$100/hour d. Project Manager $50-$80/hour e. Project Technician $45-$70/hour f. Field Service Engineer $80-$100/hour g. Field Installation Technician $50-$70/hour This Agreement is based on CONTRACTOR's standard labor rates at the job site location for the Project for an eight (8) hour day, forty (40) hour week, or such shorter work period as may be established. If CITY orders, and authorizes in writing, overtime work, ~vhich requires premium pay (1-1/2x standard), Agreement betxveen City of Denton And [ntellisys Group- Page 5 of16 CONTRACTOR shall be entitled to add such premium to the Contract Price, plus a fifteen percent (15%) cost for reasonable overhead and profit. ARTICLE VII LICENSE A. Grant of License. CONTRACTOR grants CITY (or, in the case of software created by third parties, transfers to CITY) pursuant to the terms and conditions of this Contract, a nonexclusive license to use all Software. ARTICLE VIII TESTING AND ACCEPTANCE A. At its sole option, CITY may elect to subject the System to a series of unit, System and final acceptance testing by CITY personnel prior to acceptance of the System. CITY shall be allowed a minimum thirty (30) day period for acceptance testing. Such acceptance tests shall be conducted in situ upon installation in order to determine whether System performs according to the functions, specifications and descriptions set forth in the proposal and Contract documents. Additionally, such testing may be conducted to ensure that: 1. System can be effectively utilized in CITY's operating business environment; 2. the various components of the System operate as specified; 3. the System will be capable of functioning without any major impact on the current operating environment; 4. the System is capable of rUnning on a variety of data without failure; and 5. the System meets the runtimes required by CITY. B. CITY's Rights Upon Termination After Failure of Warranty Process. Upon CITY's termination of this Contract after failure of the acceptance tests, CITY shall promptly return Software and Hardware to CONTRACTOR and shall have the right to receive prompt reimbursement of all payments made to CONTRACTOR under this Contract. ARTICLE IX TRAINING CONTRACTOR shall provide, during ( )-day training program at no charge to CITY at CITY's site for up to employees of CITY. , a Agreement between City of Denton And lntellisys Group .- Page 6 of 16 ARTICLE X WARRANTIES A. Warranty of Title. CONTRACTOR warrants that it holds title and/or copyright to all Software and its associated MODULES licensed and delivered pursuant to this Contract, or in the event that any licenses to the Software are held by a third party, that a license sufficient to secure CITY's expected use of the Software will be transferred to CITY. B. Application Software Warranty. CONTRACTOR warrants that its Software will perform free of defects that would prevent the System from operating in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of acceptance by CITY of the System. C. Year 2000 Warranty. CONTRACTOR warrants that each hardware, software, and firmware product delivered under this contract shall, as a system, 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 CONTRACTOR, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. Notwithstanding any provision to the contrary, the remedies available to CITY under this warranty shall include repair or replacement of any CONTRACTOR-supplied product whose non-compliance is discovered and made known to CONTRACTOR in writing. Nothing in this warranty shall be construed to limit any rights or remedies CITY may otherwise have under the contract with respect to defects other than Year 2000 performance. Additional Warranties. Included within the flat fee compensation is one year of the lntellysis Group ProPlus enhanced warranty described below from CONTRACTOR's Proposal: This premium level maintenance agreement (one year) adds the following features to our standard Warranty coverage including: Unlimited service calls, guaranteed 24-hour on-site response (Monday- Friday) and two (2) hour telephone response time. Manufacturer's parts and labor warranties extended. Four (4) preventative maintenance calls per year. 15% discount off repair and replacements parts. 20% discount off Intellisys Group rental equipment. Quarterly logbook repair and performance reports. Free Software Upgrades Agreement between City of Denton And lntellisys Group Page 7 of 16 ARTICLE XI OBSERVATION AND REVIEW OF THE WORK CONTRACTOR shall exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of CONTRACTOR or any subcontractors or subconsultants. ARTICLE XII OWNERSHIP OF DOCUMENTS All documents prepared or fumished by CONTRACTOR (and CONTRACTOR's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of CITY upon the termination of this Agreement. CONTRACTOR is entitled to retain copies of all such documents. The documents prepared and furnished by CONTRACTOR are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense. In the event CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONTRACTOR is released from any and all liability relating to their use in that project. ARTICLE XIII INDEPENDENT CONTRACTOR CONTRACTOR covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. ARTICLE XIV INDEMNITY AGREEMENT CONTRACTOR shall indemnify and save and hold harmless CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONTRACTOR or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. CONTRACTOR shall indemnify, defend and hold harmless CITY from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright trademark or patent by the Software or any other System component. CITY agrees to notify CONTRACTOR of any such claim promptly in writing. CITY agrees to Agreement between City of Denton And Intellisys Group - Page 8 of 16 cooperate fully with CONTRACTOR during such proceedings. CONTRACTOR shall defend and settle at its sole expenses all proceedings arising out of the foregoing. In the event of such infringement, CONTRACTOR may replace, in whole or in part, Software or any other System component with a substantially compatible and functionally equivalent product, or modify the Software or System component to avoid the infringement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any 'of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE XV INSURANCE During the performance of the services under this Agreement, CONTRACTOR shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONTRACTOR shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and CONTRACTOR. In such event, the CONTRACTOR shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. CONTRACTOR hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against CITY, it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the policies; Agreement between City of Denton And Intellisys Group - Page 9 of 16 Companies issuing the insurance policies and CONTRACTOR shall have no recourse against CITY for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of CONTRACTOR. Approval, disapproval or failure to act by CITY regarding any insurance supplied by CONTRACTOR (or any subcontractors) shall not relieve CONTRACTOR of full responsibility or liability for .damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate CONTRACTOR from liability. ARTICLE XVI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XVII TERMINATION OF AGREEMENT Ao Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. CONTRACTOR and CITY herein recognize that the continuation of this Contract after the close of any given fiscal year of CITY, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval and availability of funds. Bo This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effective unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONTRACTOR shall immediately cease all services and shall render a final bill for services to the CITY within thirty (30) days after the date of termination. Unless termination is for cause related to the action of CONTRACTOR, CITY shall pay CONTRACTOR for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination. Should the CITY subsequently contract with a new contractor for the continuation of services on the Project, CONTRACTOR shall cooperate in providing information. The CONTRACTOR shall turn over all documents prepared or furnished by CONTRACTOR Agreement between City of Denton And Intellisys Group - Page 10 of 16 pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XVIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONTRACTOR, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONTRACTOR, its employees, subcontractors, agents, and consultants. ARTICLE XIX NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days after mailing: To CONTRACTOR: To CITY: City of Denton City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE XX ENTIRE AGREEMENT Entire Agreement. This Contract embodies the complete agreement of the parties hereto and supersedes all prior or contemporaneous offers, promises, representations, negotiations,- discussions, communications, and agreements which may have been made in connection with the subject matter hereof and, except as otherwise provided herein, cannot be modified without written agreement of the parties. This contract supersedes all shrink-wrap and "click to accept" provisions otherwise provided by CONTRACTOR. ARTICLE XXI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of Agreement between City of Denton And Intellisys Group- Page t 1 of 16 this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a Valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XXII COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XXIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or disability. ARTICLE XIV PERSONNEL CONTRACTOR represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONTRACTOR shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by CONTRACTOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XXV ASSIGNABILITY CONTRACTOR shall not assign or otherwise transfer any right or interest in this Contract, in the System, or any of components of the System, in whole or in part, to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, including by operation of law, without the other party's prior written consent. ARTICLE xvI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence Agreement between City of Denton And Intellisys Group- Page 12 of 16 in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XVII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (NONE) CONTRACTOR agrees that CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONTRACTOR involving transactions relating to this Agreement. CONTRACTOR agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give CONTRACTOR reasonable advance notice of intended audits. Governing Law. This Contract is entered into subject to the Denton City Charter and ordinances of CITY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. If legal action is necessary to enforce this Contract, venue shall lie exclusively in the courts of Denton County, Texas. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Terrell Coble and Eric Bailey. However, nothing herein shall limit CONTRACTOR from using other qualified and competent members of its firm to perform the services required herein. CONTRACTOR shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONTRACTOR shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. The CITY shall assist the CONTRACTOR by placing at the CONTRACTOR's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONTRACTOR to enter in or upon public and private property as required for the CONTRACTOR to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in any ~vay affect the substantive terms or conditions of this Agreement. Agreement between City of Denton And Intellisys Group-- Page 13 of 16 Ho Force Majeure. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots or failures or delay in transportation or communications. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Contract. I. Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative or every right or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. J. Read and Understood. Each party acknowledges that it has read and understands this Contract and agrees to be bound by its terms. · K. Construction of Contract. Both parties have participated fully in the review and revision of this Contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Contract. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONTRACTOR has executed this Agreement through its duly authorized undersigned officer on this the day of ., 2000. CITY OF DENTON, TEXAS MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY Agreement between City of Denton And Intellisys Group - Page 14 of 16 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CONTRAtD~OR WITNESS: BY: THE STATE OF TEXAS § COUNTY OF DENTON § Acknowledgment BEFORE ME, the undersiened authority, a Notary Public in and for the State of Texas, on this day personally appeared'~ ~a~en[doffrn~known to me to be the person and officer whose name is subscribed to the foregoi~ instrument,~and ac~ngw~qdged tog me that he executed same for and as the act and deed of ~ toal~rt, 1/~' of 2-~/~e l| 15~ ~ma~and as thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the o'~f]~-day of Notary Public, ~t~te of Tex. gs Notary's Printed Name My Commission Expires: THE STATE OF TEXAS § COUNTY OF DENTON § City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL W. JEZ, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas, Denton County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. of GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ,2000. day My Commission Expires: Notary Public, State of Texas Notary's Printed Name AGENDA INFORMATION SHEET Aganda Agenda · Date. AGENDA DATE: DEPARTMENT: ACM: SUBJECT: March 7, 2000 Parks and Recr~n Department Dave Hill J~ Consider an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Keep Denton Beautiful, Incorporated relating to developing programs enhancing the appearance and environment of Denton; and providing an effective date. BACKGROUND: For the past 10 years, Keep Denton Beautiful has received $10,000 from the city's Solid Waste fund for litter education and community clean-up efforts. In 1996, the transfer became more formalized by way of a written contract that is reviewed by the Solid Waste Department and then forwarded to the City Manager's Office for signature. Since the inception of the annual contract, there has been an exhibit B attachment specifying the use of the allocated funds. However, the annual contract does not specify the level of in- kind contributions provided by the city to Keep Denton Beautiful, as does the recommended ordinance. Also, the annual contract is terminated and renewed yearly. This ordinance is being brought before the City Council because the request for an ongoing (multi-year) agreement will exceed $15,000. Also, Keep Denton Beautiful wishes to formally acknowledge the city's in-kind contribution of staffing, office space and office supPlies as outlined in Section III. C. The delineation of the city's in-kind contributions adds further value to the agreement. The recommended ordinance would "continue annually so long as appropriate funds are budgeted each fiscal year by the City for continuation of the agreement" (Section I. TERM). Therefore, annual changes to exhibit B (Keep Denton Beautiful Budget) would be automatically amended based on approval of the City's annual budget by the City Council. OPTIONS: Options for this ordinance include: · Approval of the ordinance as written. · Modification of the ordinance. · Denial of the ordinance. RECOMMENDATION: The Keep Denton Beautiful, Inc. Board of Directors recommends approval of the ordinance as written. PRIOR ACTION/REVIEW: On February 10, 2000, the Keep Denton Beautiful, Inc. Board of Directors reviewed and approved the proposed ordinance. FISCAL INFORMATION: The ordinance outlines the two sources of City support to KDB: the Solid Waste fund and the General fund. Annual costs may vary. EXHIBITS: Ordinance Exhibit A--Keep Denton Beautiful Work Statement Exhibit B--Keep Denton Beautiful 2000 Budget Exhibit C--Keep Denton Beautiful 2/10/00 Meeting Minutes Prepared by: Lancine Bentley, Coordinator Keep Denton Beautiful Respectfully submitted: Ed Hodney, Dire~r Parks an Recr/q~(fion Director ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND KEEP DENTON BEAUTIFUL, INCORPORATED RELATING TO DEVELOPING PROGRAMS ENHANCING THE APPEARANCE AND ENVIRONMENT OF DENTON; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute an Agreement between the City of Denton, Texas and Keep Denton Beautiful, Inc. relating to developing programs enhancing the appearance and environment of Denton under the ternis and conditions contained in the Agreement which is attached hereto and made a part hereof. SECTION 2. 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 2000 AGREEMENT BETWEEN THE CITY OF DENTON AND KEEP DENTON BEAUTIFUL, INCORPORATED This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as CITY, and Keep Denton Beautiful, Incorporated, P.O. Box 374, Denton, Texas 76202, a 'Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY recognizes that the mission of Keep Denton Beautiful, Inc. is "to empower the community to create a cleaner, more beautiful Denton through volunteerism and education"; and WHEREAS, CITY has adopted a budget which includes in-kind support as well as a direct expenditure of funds for Keep Denton Beautiful projects; and WHEREAS, CITY has designated the Parks and Recreation Department as the division of the City responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such projects; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. This Agreement shall commence on or as of January 1, 2000 and shall continue annually so long as appropriate funds are budgeted each fiscal year by the City for continuation of the agreement. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all services and activities described in the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as detemdned by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received fi.om CONTRACTOR, and approved by CITY. Page 1 of 17 The CITY'S Park and Recreation Department's KDB Coordinator (or such official designated by the Director of such department) will be CITY's representative responsible for the administration of this Agreement.. III. CITY'S OBLIGATION A. Limit of Liability. CITY shall provide CONTRACTOR the sum of $10,000 from the Solid Waste Fund to be expended in accordance with the project budget included as a part of Exhibit B for the calendar year beginning January 1, 2000. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum identified in Solid Waste Fund or other applicable fund as the then current budget for CONTRACTOR. For the calendar year 2001 and subsequent year's Exhibit "B" may be amended by approval of a budget for applicable fund(s) that specifically earmark the manner in which the funds so appropriated are to be expended. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this'Agreement. (1) CITY shall not be liable for any cost or portion thereof which: (a) was incurred prior to the beginning date, or after the ending date specified in Section I; (b) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (c) is not an allowable cost as defined by Section X of this Agreement or the project budget. (2) CITY shall not be liable for any cost orportion there of which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (3) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. C. In-Kind Services. The City shall provide s~affing, office supplies, office space, etc. to assist Contractor in the accomplishment of the programs and projects set forth in Exhibit "A" so long as such expenditure of funds does not exceed the value that such programs and projects bring Page 2 of 17 to the City. The determination of the amount of in-kind services provided by the City shall be limited generally by the City's budget for such services and'specifically by the City Manager's (or his/her designee) allocation of the manpower and support services available to the Park's & Recreation Department for its overall operations in the City. Such allocation shall not exceed the amount allowed by Art. 3, Sec. 52 of the Texas Constitution. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a diSPute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received t~om CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources f~om other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. Vie PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out ail of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit 1~, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. Page 3 of 17 No modifications or alterations may be made in the Work Statement without the prior written approval of the City's Representative referenced in Paragraph II. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR the sum of $10,000 (or such other budgeted sums for 2001 and thereafter) for services rendered under this Agreement with payment being due on January 1 of each year in which such sum is budgeted. B. Disallowed Costs. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Disallowed salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. VIII. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are pl:esently pending or threatened against CONTRACTOR. Page 4 of 17 D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payment hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS A. During the period of this agreement, the CONTRACTOR shall not, without the prior written consent of the City's authorized representative referenced in Paragraph II: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any preexisting mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firin, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. Xe ALLOWABLE USES Funds shall be used in the performance of and in ~ompliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Page 5 of 17 MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for a period of five (5) years. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY all of its records and shall permit CITY to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIII. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. XIV. MONITORING AND EVALUATION A. CITY shall perform onsite monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. Page 6 of 17 C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance .of recordkeeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within ten (10) working days of receipt by CONTRACTOR. KY. DIRECTORS' MEETINGS During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within thirty (30) working days of approval. XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. If the premises on and in which the activities described in Exhibit A are conducted, are not owned or leased by City and the employees conducting these activities are not employed by CITY, then CONTRACTOR shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. 10 Page 7 of 17 C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants not employed by CITY, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employment oppommity and affirmative action laws or regulations. C. CONTRACTOR will fumish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal roles and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. XVIII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel.policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and Page 8 of 17 B. Be in writing and shall be approved by the governing body of CONTRACTOR and by representatives of the CITY. XIX. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XXe NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step- parent, step-child, half-brother and half-sister. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to Page 9 of 17 the construction, operation, maintenance or administration, or be utilized so as to promote in any manner any sectarian or religious facility or activity. XXII. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR may n°t make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTRACTOR will submit revised budget and program information, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. Page 10 of 17 XXVo SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, require the CONTRACTOR to refund unused funds. Such notice may be given personally and by certified mail to the Executive Officer and the Chahman of the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and thc action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all returned eligible funds withheld or impounded. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXVI. may be effectuated. TERMINATION A. CITY may terminate this Agreement with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (4) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. Page 11 of 17 (5) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV of this Agreement. (6) The commission of an act of bankruptcy. (7) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination may be made to other funding sources specified in Exhibit B. B. CITY may terminate this Agreement for convenience at any time upon providing CONTRACTOR thirty (30) days written notice of termination. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY fi.om CONTRACTOR is agreed upon or otherwise determined. XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), faro, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or Page 12 of 17 proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by certified mall. XXVIII. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITy is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees,, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenfomeable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enfome its rights hereunder, which rights, powers, privileges, or remedies are alWays specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall Page 13 of 17 have no fome or effect whatsoever; nor shall any agreement,, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal fome or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing roles, codes, laws, ordinances or regulations, CITY will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties.and address set forth below: TO CITY: TO CONTRACTOR: City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 President Keep Denton Beautiful, Inc. P. O. Box 374 Denton, Texas 76202 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the __ ,19 day of CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: MICHAEL W. JEZ, CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 14 of 17 KEEP DENTON BEAUTIFUL, 1NC. ATTEST: BY: , PRESIDENT BOARD FIRST VICE-PRESIDENT Page 15 of 17 EXHIBIT "A" Keep Denton Beautiful Work Statement The Keep Denton Beautiful Board develops programs and makes recommendations on issues related to the appearance and environment in Denton. The Board implements and organizes a number of activities and events including city-wide clean-ups, Adopt-A-Spot, Tree City USA, Denton Redbud Days, and school/education projects. Keep Denton Beautiful is a certified city in the Keep America Beautiful, Inc. national program. In order to'maintain certification, Keep Denton Beautiful submits an annual photometric index (litter survey) and cost/benefit analysis. 19 Page 16 of 17 EXHIBIT "B" 2000 BUDGET Great American Clean-up Community Education Public Relations Government Services Business Services Neighborhood Services $ 3,600.00 2,000.00 2,300.00 700.00 700.00 700.00 $10,000.00 20 Page 17 of 17 KEEP DENTON BEAUTIFUL, INC. BOARD OF DIRECTORS MEETING MINUTES FEBRUARY 10, 2000 V. REPORTS B. Executive Committee Lancine Bentley, Coordinator, asked if there were any questions about the ordinance regarding the agreement between the city of Denton and Keep Denton Beautiful, Inc. which was distributed for review at the January 6th Board meeting. After a brief discussion and further review of the ordinance, Jan Dickson made a motion that the ordinance be approved as written with a modification to Exhibit B to reflect the KDB budget appreved at the January Board meeting. The modification was to change the Great American Clean-Up line item from $4000 to $3600, and to change the Business Services and Neighborhood Services line items from $500 each to $700 each. Jean Greenlaw seconded the motion. The motion carried with one abstention. 21 AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2000 DEPARTMENT: ACM: Economic Development DepartmentL~ Dave Hill, Development Services SUBJECT Consider an ordinance authorizing the City Manager to execute an assignment and assumption agreement between Douglas C. Weyer, the Weyer Living Trust - dated January 12, 1995 and the City of Denton which amends an agreement entered into on February 16, 1999; and providing an effective date. BACKGROUND Mr. Douglas Weyer has requested the City of Denton to authorize the assignment of his airport lease with the City of Denton to the Weyer Living Trust. Mr. Doug Weyer will continue to manage and operate the T-hangar storage facility for the Weyer Living Trust. No change will be made to any terms in the existing agreement. ESTIMATED SCHEDULE OF PROJECT The lease assignment would become effective March 7, 2000 and continue through the 15th day of February 2029 (end of current lease). PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval of the assignment. FISCAL INFORMATION There will be no change to the lease rate established in the original lease of February 16, 1999. EXHIBITS Ordinance Assignment Attachment A Attachment B Respectfully submitted: Prepared by: Mark Nelson Airport Manager Linda Ratliff, Dire~}4r - -/f- Economic Development Department ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN DOUGLAS C. WEYER, THE WEYER LIVING TRUST - DATED JANUARY 12, 1995 AND THE CITY OF DENTON WHICH AMENDS AN AGREEMENT ENTERED INTO ON FEBRUARY 16, 1999; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF. THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager-' is authorized to execute an Assignment and Assumption Agreement between Douglas C. Weyer (Assignor), the Weyer Living Trust, dated January 12, 1995 (Assignee), and the City of Denton (Landlord), which is attached hereto and made a part hereof. SECTION 2. That this ordinance will authorized the Assignor to assign, transfer, set over, and deliver to Assignee all of Assignor's fight, title and interest in and to the Lease which was entered into with the Landlord on February 16, 1999. .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, Ct..T/~TTORNEY ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is dated the day of ., 2000 by and between Douglas C. Weyer ("Assignor"), The Weyer Living Trust - dated January 12, 1995 ("Assignee"), and the City of Denton ("Landlord"). Recitals of Fact A. Assignor and Landlord entered into that certain Airport Lease Agreement ("Lease") with an effective date of February 16,..1999, wherein Assignor agreed to lease from Landlord, a 0.35 acre of land in the William Neil Survey, Abstract No. 970, and being part of Lot 1, Block 1, Southeast Airport Addition to the city of Denton, Denton county, Texas, according to the plat thereof recorded in Cabinet G, Page 295, Plat Records, Denton County, Texas. As more particularly described in attachments A and B, attached hereto and made a part hereof by reference. B. Assignor desires to assign, transfer, set over, and deliver to Assignee all of Assignor's right, title, and interest in and to the Lease. Lease. Assignee desires to assume all of Assignor's right, title, and interest in and to the D. Landlord desires to acknowledge, agree to, and consent to the previously approved assignment of the Lease to Assignee. Agreement In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Assignment. Assignor assigns, transfers, sets over and delivers unto Assignee all of Assignor's right, title, and interest in and to the Lease. 2. Acceptance. Assignee accepts the foregoing assignment of the Lease and assumes all duties and obligations of Assignor under the Lease. 3. Consent. Landlord acknowledges, agrees to, and consents to Assignor's assignment of the Lease to Assignee. 4. Assignor's Continuin~ Obligation. This Assignment shall not act to release Assignor from its obligations under the Lease. 5. Miscellaneous. This Assignment and Assumption Agreement shall be (a) binding upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and their respective heirs, legal representatives, successors and assigns, and (b) construed in accordance with the laws of the State of Texas. 1N WITNESS WHEREOF, this Assig~maent and Assumption Agreement has been signed and delivered by the parties as of the date first above written. ASSIGNOR Douglas C( Yeyer ASSIGNEE: The Weyer Living Trust Dated January 12, 1995 BY"/~Juglas/C. Weyer, Trustee/ LANDLORD: City of Denton By: Michael W. Jez City Manager APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney BY: FEidr~ti ~~~ ey \ ROAD ATTACHMEMT "A" 50.00' NO; '23 '~0 55. 00' SOI 'P3'50"tv .~ 55. 00' ~ ATTACHbIENT "B" fTEZO NOIE Ot-SC£/f'IION B~ing o 0.3.50 acre tract o! land sduoled in Ih~ Hi/liar. h'e~7 Surv~)~ Abstract No. C/f) of O~n(on. O~n¢on Counl)~ l~xos, nnd befn~ o porllon of Lo( L 8lock I of 5oulh~os¢ A~or¢ Adddlon, on oddHion lo Ihe Cily of Oenlon, Texas, according ¢o Mop or ~lof II, area/ recorded k~ Cob/net ~ Page 29~ of fha Plol Records of Denton Co~nl~ I~xos. said O. JSO ocr~ Irocl being more porl/culor/y d~scrlbed os follo~s: COMM~CIMG at ~ inch disk for lbs ~es¢emmost sough~asl co. er of sold ~ol 1, be,~q the Soulh 08 de~rees J6 mk~ules 21 seconds ~st. o distance of 1~I0.09 feet ~om o 3 /nch fi/ak for ¢he north~esl co. er of $oi~ gal I: ~¢~NCE South 8~ degrees J5 minutes lO seconds ~'ast. o dislance o/ 103.7d feet lo o J inch disk for on eh' comer of said ~ol I; Ht~IVCE South Ol degrees 2J minules ~0 secon~s JVesl. along Ihs wesl I~no of said Lol I. o distance of 27Q. IJ feet Io o point, said poJnl beln~ ~orlh Ol degrees ~ mJnules seconds Eosl. o distonc~ of $IZJO feel ~om Ihe soulh~mmosl soulhw~sl co~r of said Lol I: ~C~ Soulh 88 dn~r~es d6 mlnules, lO seconds East. over end across sdid Lol L distance of J25.00 f~t ~o on iron rod set for Ihe ~OINr OF BE~INNIN~ some being (he norfhwesI co, er of Ihe herei~ described Iroct and ba~ 5outh Ol de~rees 2J 50 seconds Wast. o d/stance of 75.24 fact from on ?on rod SouIh ~$ degrees J6 minutes I0 sbconds ~osl, o disIonce of 2IZO0 to on ?on rod scl for fha norlheosl co. er of the he/elm descrt~ed I/scl: rod sci for Ih~ soulheos( co,er of the here~ descrt~ad Ir~cl: North ~$ de~re~s J~ minutes I0 seconds Wes~ o d/sfonce of 277.00 f~el (o on fro~ rod &el for Ihe soulh~est co, er of lhe here~ descrt~dd trocl: Norlh Ol degrees 2J m~ulos 50 .*econds ~'asl, o d/stance of 55.00 feet Ia POINT OK OE¢/NN/NU and containing 0350 acres or 1~,2J5 square feet of land more or less and being sub~cl lo any and oil easements thai may o/feel. FLOOD HOT: II IS I~' OPINION IHAI II1[ PROPERPl DESCRIB[D IIER[IN_ IS NOT 'lflilliN k SPECIAL FLOOD ltAZARD AR~ ACCORD!N(; 10 11i[ 15D[RAL [IJER(;[NCY tl/41A(;[I/ENI AGENCY FLOOD INSURANCE RAIl bliP, CO~IIJUNIh'-P.~IEL NO. ,~80,'9'1 o..,'$$ £, PR[SENI [FF[CI'IV[ DAli OF J/AP APRIL 2, t~_.q7 __, II[RUN PROP[RFC SITUAKD ~/IIII1N ION[ AGENDA INFORMATION SHEET Agenda Item Date .~/"7/,~t~ AGENDA DATE: DEPARTMENT: ACM: March 7, 2000 Management and Budget Kathy DuBose, Fiscal and Municipal Services~ SUBJECT A RESOLUTION AMENDING RESOLUTION NO. R99-045, AS AMENDED, PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS, WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES; TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND On September 7, 1999 City Council approved the 2000-2004 Capital Improvement Program (CIP). On January 18, 2000 the CIP was amended to incorporate projects approved by voters in the January 15, 2000 bond election. On February 21, 2000 the Public Utility Board approved an amendment to the 2000-2004 utility CIP. The amended utility CIP incorporated the necessary changes to accommodate new ERCOT planning criteria requiring additional electric capital projects to relieve potential transmission and distribution overloads resulting from system growth. Changes were also necessary to accommodate the increase in treatment capacity of the new water treatment plant from 10 million gallons per day to 20 million gallons per day. Finally, funding was increased for sewer line projects to accommodate an increase in customer demand, and to place various projects in a more appropriate year for implementation. The 1999-2000 budget approved by City Council includes the issuance of Certificates of Obligation to make improvements to City Hall East, City Hall, and City Hall West in conjunction with the vacating of leased space in City Hall East by North Central Texas College. The need has arisen to increase funding for this project to accommodate the purchase of property near City Hall East for the renovations. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The 2000-2004 CIP was adopted on September 7, 1999 and amended on January 18, 2000 to accommodate the capital projects approved by voters in the bond election held on January 15, 2000. The Public Utility Board approved the amended utility CIP on February 21, 2000. FISCAL INFORMATION The proposed amended 2000-2004 CIP includes $37.695 million in General Government projects, $54.742 million in Electric projects, $76.944 million in Water projects, and $61.351 million in Wastewater projects. Respectfully submitted: Director of Management and Budget RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. R99-045, AS AMENDED, PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS, WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES; TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 7, 1999, the City Council passed Resolution No. R99-045 adopting the Capital Improvement Plan proposed by the Planning & Zoning Commission and the Public Utilities Board for 2000-2004; and WHEREAS, on January 18, 2000 Resolution No. R99-045 was amended by Resolution No. R2000-002 to add projects approved by the voters at the January 15, 2000 general obligation bond election to the general government Capital Improvement Program for 2000-2004; and WHEREAS, prior to the passage of Resolution No. R99-045, respectively on June 7, 1999 and June 9, 1999, the Public Utilities Board and the Planning & Zoning Commission recommended the utility and general government capital improvements to be constructed during the forthcoming year in accordance with provisions of the City Charter; and WHEREAS, since those recommendations and the adoption of the 2000-2004 Capital Improvements Program, the need has arisen to increase funding for the existing City Hall East renovation project to acquire property located near City Hall East, to meet new ERCOT planning criteria requiring additional electric transmission and distribution capital projects, to increase the treatment capacity of the new water treatment plant, and to increase the amount of funding needed for sewer line projects to meet an increase in customer demand; and WHEREAS, on September 7, 1999 the City Council approved the funding of renovations at City Hall East, and on February 21, 2000 the Public Utilities Board recommended these additional utility projects be added to the Capital Improvement Program and to be constructed during the forthcoming year in accordance with the provisions of the City Charter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. R99-045, as amended, is hereby amended to add the capital improvements shown on the 2000-2004 Utility and General Government Capital Improvement Program exhibit, which is attached hereto and made a part of this resolution for all purposes as if written word for word herein, to the Capital Improvement Program 2000-2004 and authorizing these additional capital improvements which are proposed to be constructed during the forthcoming year. SECTION 2. That save and except as amended hereby, all the remaining sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. R99-045 and Page 1 Resolution No. R2000-002 of City of Denton, including the list of capital improvements attached to those resolutions, 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: HERBERT L. PROUTY, CITY ATTORNEY Page 2 0000000000 88800008°0 0080008500 8oo888oooo8°°oo oooo o0 0000000000000 0000000000000 0000000 0000000800000 d~ddd~dddddd 000000000000 O00000000000 oooo8~8oooo~ ~m~~° ~ ~ ~ <z ~oo888oooo888 oooo o ~o8 0000000000000 000000 O0000 O0 0000 O0 O0 O0000 dd~dddd~ddddd 0000000000000 0000000000000 O0000 O00 O0 O00 0000000000000 O00000000 O0 O0 O00000 O0 O0000 dd~dddd~ddddd ...........oo oo oo 99 0000 O0 ~oo~$oooo 000000000000 0000000000 O0 0000000 O00 O0 0000000000 O0 AGENDA INFORMATION SHEET Agenda No ADenda Item .. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: SUBJECT March 7, 2000 Engineering& Transpo~; Dave Hill, 349-8314 Consider an ordinance approving a real estate contract between the City of Denton and Fredda Sue Brockett, relating to the purchase of 0.17 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No. 1184, for use by the Police Department; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Fredda Sue Brockett has executed a Real Estate Contract to convey said lot to the City of Denton for a future Police Department parking lot. The contract amount is $20,000.00. This amount represents a fair market price. OPTIONS 1. Voluntary purchase acquisition. 2. Do not purchase at this time. RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Fredda Sue Brockett for the purchase of 0.17 acre of land. The current zoning of this vacant lot is "LI" (Light Industrial). PRIOR ACTION/REVIEW (Council~ Boards~ Commissions) N/A FISCAL INFORMATION The purchase price is $20,000.00 ($2~58 per square foot), plus closing costs of approximately $300.00. The funding source is 1999-2000 budget. MAP Attached Prepared by: _ Paul Williamson Right-of-Way Agent Respectfully submitted: Engih~ring & Transportation SITE MAP N ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FREDDA SUE BROCKETT, RELATING TO THE PURCHASE OF APPROXIMATELY 0.17 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Fredda Sue Brockett, in substantially the form of the Real Estate Contract which is attached hereto and made a part of this ordinance for all purposes, for the purchase of approximately 0.17 acre of land for use by the police department. SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY STATE OF TEXAS COUNTY OF DENTON REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between FREDDA SUE BROCKETT (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser'%), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Purchaser shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not r~moved by March 31, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the s%~m of $20,000.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to cons~mmate the transactions contemplated hereby are subject to the satisfaction o~ each o~ %h~ followin~ conditions any of'which may be waived in whole or in part by Purchaser.at or prior to the closing. 1. Preliminar~ Title Report. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, .etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition Of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt.of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any.objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser .shall within the ten (10) day period, give Seller written notice of this fact. Purchaser shall, at Purchaser's option, promptly undertake to eliminate or 'modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, Purchaser 'may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be de~ed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. A~E008FE PAGE 2 REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. To the best of the seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the comprehensive Environmental .Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before March 31, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIRE14ENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to City of Denton a duly executed and acknowledged Deed in the fo&~ as attached hereto as Exhibit ~B" conveying good and marketable title to all of th~ Proper~, 'free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: AEE008FE PAGE 3 1. General real estate taxes for the year of closing and s%~hsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Purchaser to obtain a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Rec~uirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser'.s Rec~uir~ment~. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in ~mmediately available funds. AEE008FE PAGE 4 3. Closing Costs. 'Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the. Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE CO~MISSION Ail obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller Shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement b~ written notice delivered to seller.. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the pa~ties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or pe~Lmitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and AEE 0 0 8 FE PAGE 5 l0 all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties. Bound. This Agreement .shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns wh~re permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers s~me to Sel- ler, Purchaser shall have the right to terminate this Agreement 'upon written notice to Seller. AEE008FE PAGE 6 1! DATED this ' day of , 2000. SELLER ~OCKETT · PURCHASER THE CITY OF DENTON, TEXAS BY: Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the s~me was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the s~me by appropriate, ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this ~, ~ , 2000 by FB~.~DA SUE BROCKETT. / ROGER N. WILKINSON Notary Public. State of Texas N~ary ~Pu61~ic in and for the State of Texas day of AEE008FE ' PAGE 7 12 EXHIBIT ~A" Ail that Certain tract or parcel of land situated in the City of Denton , Denton County, Texas, being part of the Hiram Sisco 320 acre survey , Abstract No. 1184, and described by metes and bounds as follows: BEGINNING at a point in the west line of a certain tract of land conveyed by John L~ Ruddell and wife to Andrew D. Morrow by deed, Dated February 14, 1893, and shown of record in Vol. 49, Page 628, Deed Records of Denton County, Texas, 155 feet South of the Northwest corner of same; THENCE South 155 feet for corner; THENCE West 50 feet for corner; THENCE North 155 feet for corner; THENCE East 50 feet to the place of beginning. 13 Date: EXHIBIT ~B" WARRANTY DEED Grantor: Fredda Sue Brockett Grantee: City of Denton Grantee's Mailing Ad~ess (including county): City of Denton 215 E. Mckinney Street Denton, Texas 76201 Denton, County Consideration: TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration. Property (including any improvements): Ail those certain tracts of land being situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas and being more particularly described in ~EXHIBIT A" attached hereto and by this reference being made a part hereof'for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of .record or not; all presently recorded instruments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTEE, GRANTEE'S heirs, executor, a~m~.nistrators, successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors, administrators and successors to Deed -1 warrant and forever defend all and singular the property'to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to'the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns 'include the plural. Fredda Sue Brockett 1908 Spring Valley Dr. Denton, Texas 76208 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON of This instrument was acknowledged before me on this , 2000 by Fredda Sue Brockett. day Notary Public, in and for theState'of Texas My Commission Expires: Deed-2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7th, 2000 Planning & Develop~ment Dave Hill, 349-8314'~/)e/-~ Agenda No. Agenda Item_ Date SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 215 First Street, a proposal to rezone 0.25 acres from a Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, is anticipated to be adopted by City Council on March 2ha, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property fight 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: O) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; 6o (1) (2) (3) Miaimum relief. (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following actions: deny the relief request; grant the relief request; or 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. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE PRIOR ACTION/REVIEW Council has had one previous request for relief from Non-Residemial Ordinance, heard on March 2, 2000. Kerestine property - approved with conditions. FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial ham~, an issue that may be evaluated by Council. ATTACHMENTS 1. 215 First Street (Z-99-090) staff report Director of Planning & Development ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Sub|ect: 215 First Street Staff: Larry Reichhart Case Number: Z-99-090 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Non-residential regulations (Ordinance No. 2000-069) to continue to process a Neighborhood Services (NS) zoning request. 215 First Street (see Z-99-090, 215 First Street March 7, 2000 City Council staff report) Two-family dwelling (2-F) (see Z-99-090, First Street March 7, 2000 City Council staff report) 0.25 acres The property is not platted. The subject site is located in the Downtown University Core district. The general intent is to allow a mix of uses and densities. Staff finds the use consistent with the intent of the Comprehensive Plan. The Planing and Zoning Commission recommends approval (6-1) with conditions. This case is scheduled for the March 7, 2000 City Council meeting. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to continue the zoning review process by proceeding to City Council. If the relief request is not granted the application will be required to submit a zoning plan and a project plan as required by Ordinance No. 00-069. e AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7, 2000 Planning Department Dave Hill, 349-8314 Ag~enda Item SUBJECT - Z-99-090:(215 First Street) Hold a public heating and consider rezoning approximately 0.25 acres from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. The property is located at 215 First Street. The change of zoning will allow the utilization of the existing non- residential structure on the eastern portion of the site for non-residential use. The Planning and Zoning Commission recommends approval (6-1) with conditions. BACKGROUND The subject property was placed in the Two-family dwelling (2-F) zoning district and land use classification by Ordinance 69-01. Prior to the initial zoning the site was used as a residence and a place of business (most recently a refrigerator repair shop). After the 1969 zoning the retail/business portion of the site was permitted to continue as a pre-existing non-conforming use. Within the past year the business was discontinued and the building has remained vacant for more than six months, thus losing its non-conforming status. The entire site now has to conform to the uses allowed within a Two-family dwelling (2-F) zoning district. The owner is requesting a Neighborhood Service (NS) zoning district classification for a 0.254- acre portion of the site (the eastern half containing the existing non-residential structure) to allow for uses other than residential in the existing block building. Section 34-125(f) of the Code does not allow two incompatible zoning districts on the same lot. Non-residential is deemed lot incompatible with residential zoning, therefore the property will need to be subdivided as a condition of the zoning. The subject site is located in the Downtown University Core district. The general intent is to allow a mix of uses and densities. This proposal is in compliance with the comprehensive plan. Twenty-five (25) property owners were notified of the zoning request. Eight (8) responses have been received; one (1) is in favor, two (2) are opposed, one (1) is neutral and four (4) were originally opposed but rescinded there opposition after a January 3, 2000 neighborhood meeting. (see Attachment 1). Opposition is at approximately 5.1% PRIOR ACTION/REVIEW The following is a chronology of Z-99-90, commonly known as 215 First Street: Application Date - November 3, 1999 P&Z Date - December 15, 1999 & January 12, 2000 ESTIMATED PROJECT SCHEDULE The subject property will need to be subdivided to correspond to the requested zoning. FISCAL INFORMATION The development and use of the building will require no short-term public improvements that are the responsibility of the city. As a form of infill development, no extension of public infrastructure is necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Williams opposed) of this zoning request with the following conditions: 1. The uses shall be limited to those identified in Exhibit B of the Draft Ordinance. 2. No tattoo parlors and/or abortion clinics shall be permitted. 3. No food and/or beverage sales are permitted. 4. No customers shall be allowed on the property from 7PM to 7AM. 5. All on-site parking shall be south of the existing structure. 6. Any 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. No flashing or strobe lighting is allowed. 7. The size and/or square footage existing structure shall not be increased. 8. Existing trees larger than 3 inches in caliper shall be saved. 9. The property is subdivided to correspond with the proposed zoning OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Reports, Dec. 15, 1999 & Jan. 12, 2000, Z-99-090. 2. Planning and Zoning Commission minutes from Dec. 15, 1999 & Jan. 12, 2000. 3. Draft Ordinance. R~espectfully,~ubmitted: Doug Pox0ell Director of Planning and Development Prepared by: ~Lat~ ~ichl(art ' Development Review Manager 2e ATTACHMENT 1 Agenda No. ~ O ../"_) ! PLANNING AND ZONING-COMMISSION¢ 'i' ' STAFF REPORT Date /o/_..2 -,~ ¢ Subject: 215 First Street Case Number: Z-99-090 Staff: Larry Reichhart, Development Review Manager Agenda Date: December 15, 1999 Continue a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 0.25 acres from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. The change of zoning will allow the utilization of the existing non- residential structure on the eastern portion of the site for non-residential use. A neighborhood meeting was held on January 3, 2000. The neighbors and the applicant agreed to limit the potential uses on the site (See attachment 1) and impose additional restriction to future uses (See conditions of approval). After the meeting, three (3) adjacent property owners rescinded their original opposition, which reduces the total opposition to approximately 7.3% (See attachment 2) The current structure has been used as a business for a number of years without any known problems. Neighborhood Service (NS) zoning classification is the most restrictive retail/commercial zoning classification within the city and promotes uses that are typically not detrimental to a neighborhood. The relatively small size of the existing structure and the limited amount of space available for parking will also limit the intensity and use of the site. Staff recommends approval of Z-9-090 with the following conditions: 1. The uses shall be limited to those identified in Exhibit B of the Draft Ordinance. 2. No tattoo parlors, abortion clinics shall be permitted. 3. No food and/or beverage sales are permitted. 4. No customers shall be allowed on the property from 7PM to 7AM. 5. All on-site parking shall be south of the existing structure. 6. Any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. No flashing or strobe lighting is allowed. 7. The size and/or square footage existing structure shall not be increased. 8. Existing trees larger than 3 inches in caliper shall be saved. 9. The property is subdivided to correspond with the proposed zoning. Filename 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Draft Ordinance 2. Neighborhood meeting sign-in sheet 3. Opposition letters 4. December 15, 1999 P&Z Staff Report Eilename ORDINANCE NO. ENCLOSURE 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.25 ACRES OF LAND LOCATED AT 215 FIRST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-090) WHEREAS, Dudley Doyle has applied for a change in zoning for 0.25 acres of land from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS) zoning district classification and use designation; and WHEREAS, on January 12, 2000 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 1999-2020 Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 0.25 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Neighborhood Service (NS) zoning district. 2. No tattoo parlors, abortion clinics shall be permitted. 3. No food and/or beverage sales are permitted. 4. No customers shall be allowed on the property from 7PM to 7AM. 5. All on-site parking shall be south of the existing structure. 6. Any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. No flashing or strobe lighting is allowed. 7. The size and/or square footage existing structure shall not be increased. 8. Existing trees larger than 3 inches in caliper shall be saved. 9. The property is subdivided to correspond with the proposed zoning. PAGE 5. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $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 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 2 EXHIBIT A ~. 0.25 ACRES BEING all that certain tract of land situated in the B.B.B. & C. R. R. Company Survey, Abstract Number 185, City of Denton, Denton County, Texas and being a part of.a tract of land described in the Deed from Fred Harper et'ux to E. C. Doyle et ux recorded in'Volume 283, Page 400 Of ~he.Deed. Records of Denton County Texas and being more.particularly described as follows: ~ . · BEGINNING at a PK nail set for the Northeast corner of the herein described tract in or near the middle of .First Street and at the Northeast corner of said Doyle tract; THENCE South O0 degrees 14 minutes 56 seconds West with the East line thereof passing at a distance of 19.21 feet a ~' capped iron red found for the Northwest corner of a called 0.211 acre tract of land described in the Deed from JHR Construction Co., Inc. to Darrell G. Reid, Sr. recorded under County Clerk's File Number 97-R0086665 of the Real Property Records of Denton County, Texas and continuing on said course passing at a distance of 79.26 feet a ½' capped iron red found for the Southwest corner tt{ereof and the Northerly Northwest corner of a tract of land described in the Deed from E. Wayne Stephens et ux t6" Custom Designs, Inc. recorded in Volume 3231, Page 750 of the Real Property Records of Denton C6unty, Texas and continuing a total distance of 108.26 feet to a ½' capped iron rod set for the Southwest corner of the herein described tract; THENCE South 89 degrees 24 minutes 17 seconds West a dista..n .C~. of 100.00 feet to a ½" Capped iron rod set for the Southwest corner of the herein described tract in the North line of a Called 0.281 acre tract of land described in the Deed from Kimberty Ann Petty to Benny R. Russell et ux recorded in Volume 4309, Page 1574 of the Real Property Records of Denton County, Texas; · THENCE North 00 'degrees '~4 minutes 35 seconds East a distance of 111.45 feet a POint in or near the middle of said First Street; THENCE South 89 degrees 45 minutes 18 seconds East with said First Street a distance of 100.00 feet to the PLACE OF BEGINNING and enc. losing 0,25 acres of land, more or less. ' J. E. Thompson II R.P Date ~ER~ED U S~.. S~. Ne~.~.h~6%-'hoo6 SerV~.oe D~.st:r~ot: 'primary Residential uses'.~--~_-~. .EXHIBIT B Ut['lity, .Accessory and ~Inc[dental U~es' I I Off Street Parking to Main Use Recreational and Entertainment Uses Ne~ahborhoO~ §'erVioes Dis~rict .foontinue,~). Transportat ton' 'Related uSes Right-of-Way l~etall and S~rvlce _Type Uses ]~akery or'Con: ) .Custom'Pers0n~l serVi~ shop i~-. :? ~:...~.. Drapery, Needlework or Weaving Shop" Florist or Garden Shop Handicraft Shop I I -Office~, Professio~al and Administrative Retall Stores and Shops - 4i000 square fe~t or less Studio for Photographer, Musician, Artist or Health . Agrlcultural' Type Uses ~ERMITTED USES WITH ~%PPROVED SPEOIFIO USE PER/4IT: Educational: Institutional & SD~c~'al Uses .... u~ilitv.' ACces'S~Y §nci i~Cidentai" useS" Transpor. tation Related Uses ~etail and Service Type Uses Antique Shop "" J Agricultural Type Greenhouse or Plant Nursery Uses_ ~NS- Ne[ahbor'l~Oo~l?erv~.ces D'~str'lot foon2~nue~ ~. '. Front yar~: Minim~ 25 feet.' . "~%~.. Side Yard: . No side yard is specified for non-residential use except where'a non-residential use abuts upon district bounda~ lin~. dividing such di~riots ~r~m . ....'._. .a 'residential d~str~~. or' when the..s~ue..yar~. Rear Yard: adjacent-to the street%~inlwhi6h~ event a~.ten.(10)'. 'foo~ Side'yard'shall be progided%;'';'~'''''.~ ~ No rear yea~ is specified for non-resi~ential use' except where retail, c0mmercial or industrial uses back upon'a common district line, whether separated by an alley or hot,-dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT REGUL~TION~'t TWO.(2) stories, except that cooling towers, chimneys, HVAC structures may extend to a maximum of 45 feet. Floor area ratio, building coverage, lot size, No Standards .. ~UPPL~M~WTAL REGULaTiONS: Parking (Based on use. 2. Signs 3. Lighting 4. Landscaping 5. screening and'Fencing See Article 34-115.) lot dimensions: ATTACHMENT 2 11. NOTICE OF PUBT.IC ATTACHMENT 3 HEARING Z-99-090 ..... ; The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. 8, C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. 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 hearing.) You may fax it to the number located atthe bott_om, mail_it t_o__the_~add~r~es?below, or dro?.i~_off in-_Pe~ rs_on: ........ Planning and Development Department 221 N. Elm ST Denton, Texas 76201 At/n: Charles R. Fenner, Planner I The zoning process includes two public headngs 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. ~ In favor of request Comments: . . Please circle one: Neutral to request Printed Name: ~-~ Mailing Address: City, State Zip: ~_'"~,~.-~w; Telephone Number: Physical Address of Property within 200 feet: DEC 8 1999 CITY OF DENTON, TEXAS Filenarne CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349,7707 NOTICE OF PUBLIC HEARING Z-99-090 ........... The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. 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 headng.) You may fax it to the n~mber 10~te~d__at the__botto_~_m, m_ail~it t~_o the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I 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. Please c,rcle one: In favor of request Neutral to request ~ Opposed to request ~ Comments: . . Printed Name: =,~/.K,~/JZ)~.-D~'~e Mailing Address: ~'/~' Z~/~//~z~. City, State Zip: .Zg~'/r/~/J '7-'X' Telephone Number: ~ ~'&9 ~ ~.~'oc"7 Physical'Address of Property within 200 feet: CITY OF DENTON, TEXAS Filename CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 I rescind my original opposition to the rezoning at 215 First Street (Z-99-090). Signature: / ~~ Printed Name: ~"~~~-/--~ ~' ~------.~/~ Mailing Address: ~-~// ~? ~~ ~ ~ City, State Zip: ,~ ~,"~ Telephone Number: Physical Address of Property within 200 feet: NOTICE OF PUBLIC HEARING Z-99-090 ....... . The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. 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 hearing.) You may fax it to the number located at the bottom, mailjt to the address b_elow, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I 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. ~ Please circle one: In favor of request Neutral to request Comments: Signature: ~:Y~,L~/~/~~ ' '- . Printed Name: J~AR~e-/_L Mailing Address: ~.~/ City, State Zip: J~-/JT-r~,,.[.. Telephone Number: ~.~ ,~'~'~ Physical Address of Property within 200 feet: ~/ ,c//2.~.7'- ~7-' CITY OF DENTON, TEXAS Filenarne CITY HALL WEST · DENTON. TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 /-I~'escind al opposition to the rezoning at 215 First Street (Z-99-090). Signature: Printed Name: ~ l/~ Mailing Address: /~)~,~'~ City, State Zip: ,~~ Telephone Number: Physical Address of Property within 200 feet: 16. TUE 09:49 FAX 940 380 1608 DENTON ASSOC. OF REALTOR ~00! NOTI CE OF PUBLIC HEAR "' Z-99-090 ....... The Planning and Zoning Commission of the City of Denton will hold a public headng on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. it is located at 215 First. The proposal is to rezo.ne the .25 acres from a Two Family (2F) zoning district to a Neighborhood Sen/ice DistricL 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 lika 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 in-person: Planning and Development Department 221 N. Elm SI' Denton, Texas 76201 Attn: Charles R. Fenner, Planner i The zonin9 pro,ess 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 zon. ing change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Comments: .... . , ~ Printed Name: = Mailing Address: ! ~- ~ .Ct, ~ City, State Zip: '~m.,~-~, "-i-"'y. "/(~;3_0 ~ Telephone Number:. 4:~_~c6) - ~*'[ - % "~-[ ~'- Physical Address of Property within 200feet: i~ ..~ ~,~. CITY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 940.349.8350 - (I=) 940.349.7707 17, I rescind my original opposition to the rezoning at 215 First Street (Z-99-090). Printed Name: -,~Y _~ hO,"~ ~-J~:3/pA~-<::j Mailing Address: /~ ~ ~~0 ~ City, State Zip: ~~ ~ ~ Telephone Number: ~O ~.~ - ~ Physical Address of Properly within 200 feet: :].8, NOTICE OF PUBT.IC HEARING Z-99-090 ...... The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. 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 hearing.) 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 Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I 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. ~ In favor of request Comments: . . Please circle one: Neutral to request ~pposed to request~ Signature:' Printed Nar~: Mailing Address: /Oo~ ~3Z,.Z'I/A~E ~; 'T'. City, State Zip: Telephone Number: Physical Address of Property within 200feet: /oo&t z<~ZJ-",Jo.v, ~7', CITY OF DENTON, TEXAS Filename CiTY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 19. I rescind my original opposition to the rezoning at 215 First Street (Z-99-090). Printed e: ~ Mailing Address: City, State Zip: ~'~ Telephone Number: Physical Address of Property within 200 feet: 20. Z-99-090 ...... ..... The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 15, 1999, to consider recommending approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family .(2F) zoning district to a Neighborhood Service District. 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, retum 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 in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I 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. ~ Please circle one: ~ est~ In favor of requeSt Neutral to request pposed to requ Comments: .... Signature:' ~-~, ~-,-~-.--~ ~ ' Printed Name: ~'e~r~ r~ ~-'~ ~-~b~ ~ ~-~ I I Mailing Address: City, State Zip: ~)-C~-¥~ y-~ Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS Filenarne CITY HALL WEST · DENTON, TEXAS 76201 · 940,349.8350 · (F) 940.349.7707 . 2~. IZ,'85'"/~0 ENCLOSURE 4 PLANNING AND ZONING COMMISSION STAFF REPORT A~enda No. ? ?-.Z,~ .... Agenda Item. ,~ /J .~ Date /..z.. !.~. ~? .... Subject: 215 First Street Case Number: Z-99-090 Staff: Larry Reichhart, Development Review Manager Agenda Date: December 15, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 0.25 acres from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. The change of zoning will allow the utilization of the existing non- residential structure on the eastern portion of the site for non-residential use. Location: Size: 215 First Street 0.25+_ acres LOCATION MAP FJlenanle 22. Owner/Applicant: Dudley Doyle 4876 Luginbyhl Road Sanger, TX 76266 The subject property was placed in the Two-family dwelling (2-F) zoning district and land use classification by Ordinance 69-01. Prior to the initial zoning the site was used as a residence and a place of business (most recently a refrigerator repair shop). After the 1969 zoning the retail/business portion of the site was permitted to continue as a pre-existing non-conforming use. Within the past year the business was discontinued and the building has remained vacant for more than six months, thus losing its non-conforming status. The entire site now has to conform to the uses allowed within a Two-family dwelling (2-F) zoning district. The owner is requesting a Neighborhood Service (NS) zoning district classification for a 0.25+ acre portion of the site (the eastern half containing the existing non-residential structure) to allow for uses other than residential in the existing block building. Section 34-125(f) of the Code does not allow two incompatible zoning districts on the same lot. Non-residential is deemed lot incompatible with residential zoning, therefore the property will need to be subdivided as a condition of the zoning. The subject site is located in the Downtown University Core district. The general intent is to allow a mix of uses and densities. This proposal is in compliance with the comprehensive plan. (See enclosure 7) Transportation A. Trip generation The existing building is approximately 2,400 square feet. If it were utilized for a retail purpose the expected trip generation would be approximately 98 trips per day. The types of uses allowed in a Neighborhood Service District (See enclosure 8) generally do not create the same level of traffic as those uses generally allowed in other retail and commercial uses. B. Access Access would be from First Street D. Pedestrian Linkages Sidewalks along all public streets are required. Filename 23. = Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 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 As per the sign ordinance. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. Proposed parking for this site can be accommodated to the rear of the building. Existing mature trees should be saved to the extent possible. 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). = Lighting Any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. Environmental Quality impacts No negative environmental impacts have been identified. January 14, 1969 - The subject property was placed in the Two-family dwelling (2-F) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 2). The subject property was platted in date/is not platted and would need to be platted prior to any development. Filename 24. Notice of the zoning request was published in the Denton Record-Chronicle on Sunday December 5,1999. Twenty-five (25) property owners within two hundred feet were mailed legal notices and Ninety-nine (99) residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 5). As of this writing, there have been four (4) responses (see Enclosure 6), two (2) opposed, one (1) in favor and one (1) neutral to the request. A neighborhood meeting has not been held. The current structure has been used as a business for a number of years without any known problems. Neighborhood Service (NS) zoning classification is the most restrictive retail/commercial zoning classification within the city and promotes uses that are typically not detrimental to a neighborhood. The relatively small size of the existing structure and the limited amount of space available for parking will naturally limit the intensity and use of the site. Staff recommends approval of Z-9-090 with the following conditions: 1. Any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. The size and/or square footage existing structure shall not be increased. 3. Existing trees larger than 3 inches in caliper shall be saved. 4. The property is subdivided to correspond with the proposed zoning. I move to recommend approval of Z-99-090 with the following conditions: 1. Any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. The size and/or square footage existing structure shall not be increased. 3. Existing trees larger than 3 inches in caliper shall be saved. 4. The property is subdivided to correspond with the proposed zoning. Filename 25. 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 Responses (4) 7. Comprehensive Plan 8. Allowed Neighborhood Services (NS) uses 26, ENCLOSURE 1 z-99-090 (215 First Street) NORTH VICINITY MAP Agenda Date: December 15, 1999 27. Scale: None Z-99-090 ENCLOSURE 2 (215 First Street) NORTH ZONING MAP Agenda Date: December 15, 1999 28. Scale: None Z-99-090 (215 First Street) ENCLOSURE 3 NORTH ~-- : .................... ' ~' ...... ~- ~ 4 ......... Lo.: .._'i ~-"-'~iI~- ~ ~ ........ ~ ~L~ ....... ~ ..... ~'- i i ...... ~:~- ---.~'-'"~lliII I I / I , I ~ ...... [ ............ ~ ~ [-'i l'-~l I ~ ...... :.t~ ~-.-~,~ ........ ~ " "~ ................ UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: December 15, 1999 29. Scale: None ENCLOSURE 4 Z-99-090 215 First Street NORTH LANDMARK DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials ,' ,' Secondary Major Arterials · -'"'....." Collectors Agenda Date: December 15, 1999 30. Scale: None ENCLOSURE 5 Z-99-090 (215 First Street) NORTH 200'-500' NOTICE MAP Agenda Date: December 15, 1999 31. Scale: None Z-99-090 ....... The Planning and Zoning Commission of the Ci~ of Denton Will h°ld a public healing on Wednesday, De~mber 15, 1999, to ~nslder m~mmending approval to Ci~ Council, the mzoning of .25 acres in the B.B.B. & C.R.R. Company Suwey in the Ci~ of Denton, Denton Count, Texas. It is Io~ted at 215 Flint. The proposal isto rezone the .25 acres from a TwO Family (2F) zoning dis~ct to a Neighborhood Se~i~ Dist~ct. . .~: '" . ' ' ' -. ~e public hearing Will Sta~ at 5:30 p.m. in the Ci~ C°uncil Chambem of Ci~ Hail Io~ted at 215 E. McKinney Street, Denton, Texas. Because you own propedy within ~o hundred (200) feet of the subject prope~y, the Planning and Zoning Commission would like to hear how you feel about this . zoning change request and inv~es you to a~end the public hearing. Please, in order for your opinion to be taken into ac~unt, return this fo~ with your comments prior to the date of the public hearing. (This in no way prohibits you from a~ending and pa~icipating in the public hearing.) You may fax it to the number Io~ted at the boffom, mail it to the address below, or drop it off in-pemon: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I The zoning process includes two public .hearings designed to provide opportunities for citizen involvement and comment. Prior to the public heatings, 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. ~ ~__.[n favor of reques, u.u~ Comments: . .. Please circle one: Neutral to request Opposed to request signature:. [' C.~/'~ ~ ~ ~ e_ . 3 ,_.~ n %~t Printed Name: E.. C. ~ ~? [~. Mailing Address: q Z ~ ~ ~ i ~ V ~ Ci~, State Zip: '~ > ~3~ ~ / ~e.S ~% Telephone Number: _~ ~-'~f Z~ o~ Physi~l Address of Prope~ within 200 feet: CITY OF DENTON, TEXAS Filename CITY HALL WEST ' DENTON, TEXAS 76201 . 940.349.8350 . (F) 940.349.7707 32. 12-87-19B9 OB: 1B~l FROM Benton Oral & Max ~rBery TO PUBLIC Z-99-090 - ~ 549~ P. 01 The.,Planning. . and Zonmg~ .Corem=sion. cif the. Ctty of Denton va. I hold a pubhc heanng on Wednesday, December 15, 1999, to .consider recommending approval to CRy Council, the rezoning of .25 acres in ' th6 ~.B~EI: & C.R.R..Company. Survey in ~tho City of Denton, Denton Cocinty, Texas. It IS located at 215 l=irs~ Ti~ propOSal Is to ~zone the .25 acres from a Two Family.(2F) zoning distdct t0 a 'Neighborhood ~er~ce Oisldct. ' ' ": ' ' : ' · The public hearing will s~tart at 5;30 p.n~. in the Ctty ~__,oun~il Cl3ambers' of City Hail i(~c~ed at 2i5'E. Mcl~nney $1reet, Dento. h~ T~x~_:,: :. Bec',a~se You o.w~. properly with!ri, two hundred i(200) feet of the subj'.ect prope~y, the* Pl~nnin~l ahd Zoning Commission would flT~e '.to hear how You f~.er about this zon~pg :change rbquest a~d invite~ you t~, affend the publi'c hearft~g, Please, in order for your opinion to be ~ken into account, re,tn'this form'w~,th yo.ur comments pdor'k~ the date of the public hea~ing. (This in no way prohibits you ~rom atteeiYing' and participating in the public hearing.) You may fax it to the number l.oceted at the. bo{tor~; mail it to th~.address below, or drop it off_!n-perS~n: ...........~ .................... ~. * ' Pl~nningal~a DeVelopment Department* · ~ 22;,'1 *N. Elm ST Attn'. ~har!es R.:Fermer, Planner I : Thei zoning process includes two .pu~!ic: hea~ngs designed to Provide °Ppo~lunities ~'or citizen · . . '1 ,. . = .' - j . · mve~,ement and commepL Prior to thei public heanngs, landowners withe two hundred (200) feet of the ~ubject property are potifled of the ~ening request by way of th.b notice; The firs~ public hearing is held', before the.Plann;r~9 :and '7oning qommission. The Commission is informed .Of'the ipercent of reSpbnses in support and? In oppOSition. Second, the'zoning pet~on i{ .forwarded to the 'City Council for final'action.providing !h~'.Co~mWsi°n f~commends approval. '-Should the commwsi6n recommend · denial, th:.e petit]oner ma:~ theh. appeal tl~e request to the City coundl. If owners of more t,han twenty (20);percent of the land area within.two hundred (200) feet of the site submit written opposRlO'n, then six out of Seven votes of th~ City c~uncg a,re required to approve the zoning change. These .for/ns are use~. to Calculate. the percentage.of: . la,downer.. .. opposlt/on. : In favor of reque~ . Op sed to mque~t Sigr!a, turei · ; , ., Mail,rog A{Idres$: ..... Physical Address of Prop ~tty within ;200 f:e~t: ~ J 5 !~ ~,~3" CIT? OF DENTON, TEXAS crr~w~ - DENTON. TEXAS ?e201 - 940.349'835~ -' (F)'940.~19.7707 1" TOTAL P 33. PUB .IC HEARING )-090 ........ The Planning and Zoning City of Denton will hold a publiC hearing On Wednesday, December 15, 1999, to consider ~ approval to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company Survey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is. to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. ' 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 th~ public heating.) 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 Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Pianner l 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 lin 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. Please circle on~ In favor of request Neutral to request Opposed to~ CommentS: .., ~'~P.0s-- S~gnature: L~ ~ y ;~. ~ ~J ./. .' · · - - ' Printed Name: MailingAddress: ~ ~el;~ ~?~'~ [~:~"(;~' [~"~'-~'"~[~"-~ Telephone N~:mber: ~o[ ~A'*r~~ Phys'~l Address of Prope~ within 20~ - ~ ~ I PLANNING & D[~VELOP;~,ENT CI~ OF DENTON, T~S c~ ~LL WEST · ~ON. T~S 76201 · 940.~9.8350 · (F) 940.~9.7707 Filenarne 34. Z-99-090 ...... The Planning and Zoning Commission of the City of Denton will h°ld a public hearing on Wednesday, December 15, 1999, to conslder recommending apprOVal to City Council, the rezoning of .25 acres in the B.B.B. & C.R.R. Company SUrvey in the City of Denton, Denton County, Texas. It is located at 215 First. The proposal is to rezone the .25 acres from a Two Family (2F) zoning district to a Neighborhood Service District. ': ' . ' ' ' ' ' ~ · The PUblic hearing Will start at 5:30 p.m. in the City CounCil chambers of City Hail 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 fo~m 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 belgw, qr~rop it_off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Charles R. Fenner, Planner I 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. Please circle one: In favor of request Neutral to request (/ Opposed to request ) Comments'.' . . Pdnted Name: ~,~//~',~'O,O~--O ~/~'a Mailing Address: ~'/~' ~,,~/../~;~,~-. City, State Zip: -Z~-~"~'7'~/J '7'"X~ Telephone Number: ~ ~zz~ -- ~.~'oc"7 Physical'Address of Property within 200 feet: CITY OF DENTON, TEXAS FJlen~n3e CITY HALL WEST . DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 35. ENCLOSURE 7 CITY OF DENTON FUTURE LAND USE PLAN 36. December- 1999 "NS" Neiqh~6~hood Service District ENCLOSURE 7 'Primar_vResldentlal Usem One Family Dwelling Restricted, community unit Development Dormitory, Boarding or Rooming HOuse ' ~' ' " SPeCial. ' ' Educational. Instltutlona' · ' ' ' ' & uses. · Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) ' Hospital (Chronic'Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public community Center School, Private Primary or Secondary School, Public or Denominational. SchOol,.Busine~s or Trade ' · Uti'lity~ Accessory and 'Incidental Uses Accessory Building community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction office Control by Building Inspector) Fire Station or similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Sewage Pumping Station ... ' : .Private swimming .P0ol - · Telephone, Business office · Telephone Line and Exchange switching or. Relay Station Water Reservoir, Water Pumping Station or Well Recreational and Entertainment Uses Country Club (Private) with Golf Course P~blic Golf Course Publi~ Park or Playground Public Play field or Stadium swim or Tennis Club (subject to ApprOval and _ 37. "NS" Neighborhoo~ ~ervices District ¢contlnue~. Transportation'Related Uses Railroad Track or Right-of-Way Retail and Service Type Uses Bakery or'Confectionery Shop (Retail) Cleaningand Pressing Small Shop and Pickup: Custom p'ersonal~ServiCe Shop' '~. ".'. '-'i' Drapery, Needlework or Weaving Shop Florist or Garden Shop Handicraft Shop Laundry or Cleaning Self Service offices, Professional and Administrative Retail Stores and Shops - 4,000 square fe~t or less Studio for Photographer, Musician, Artist or Health · Agricultural· Type Uses Farm or Ranch PERMITTED USES WITH ;k]~PROVED SPECIFIC USE PERMIT: Educational~ Institutional & Special Uses Cemetery or Mausoleum '. Utility. AccesS0rv and Inc{dental Uses Public Building, Shop, yard of Local, State or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Transportation Related Uses Airport Landing Field or Heliport · commercial Parking Lot or .Structure Retail and Service Type Uses Antique Shop Cafeteria ' . .· "' Mortuary or Funeral Parlor ReStaurant Retail Stores and Shops - Over 4,000 square feet Agricultural Type Uses Greenhouse or Plant Nursery 38. ~t~S- Neighbor~0o~ Serv~oes. Distrlct ¢cont~nued~ y~RDREOUiREMENTS: ,. Front Yard: Side Yard: Rear Yard: Minimum 25 feet. No side yard is specified for non-residential use except where'a non-residential use abuts upon a district bounda .r~. li~ dividing su~ districts a 'residential dlstrlot .or' when =ne sm~e.~yar~, ls' 'adjacent to the'street', in'whiCh.~vent a-lten (10) foot' Side yard shall be provided'. No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon'a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT REgULaTIONS': Two (2) stories, except that cooling towers, chimneys, HVAC structures may extend to a maximum of 45 feet. ~RE~ RE~UL~TIONS: Floor area ratio, building coverage, lot size, lot dimensions: No Standards · SUPPLEMENTAL REnUL~TIONs: 1. Parking (Based on use. See Article 34-115.) 2. signs 3. Lighting 4. Landscaping 5. screening and Fencing Planning and Zoning Commission Minutes December 15, 1999 Page 4 of 5 ATTACHMENT 2 12. Hold a public hearing to consider making a recommendation to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes open space and single-family residential use~ (Z- 99-073R, smith Tract/PD115 Detailed Plan, Larry Reichhart) Motion by Perry McNeill and seconded by Salty Rishel to recommend approval to City Council with Conditions, -' *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 67'). Motion carries 5-0, 13. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 0.25 acres from Two-family dwelling (2-F) zb'ning district to a Neighborhood Service (NS)zoning district. The property is located at 215 First Street. The intent of the proposal is to utilize an existing non-residential structure. (Z-99- 090, 215 First Street, Larry Reichhart) Motion by Salty Rishel and seconded by Rudy Moreno to continue to January 12th meeting, *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 54). Motion carries 5-0, 14. Hold a public hearing to cOnsider making a recommendation to City Council regarding the proposed rezoning of approximately 31 acres from Commercial (C) to Multi-Family dwelling-1 (MF-1). The property is generally located north of 1-35, east of Meadows Street, south of Daugherty Street and Johnson Street and west of Dallas Drive. The proposal is for multi-family residential development at 21 units per acre. (Z-99-089, Center Place, Larry Reichhart) (THIS CASE IS SUBJECT TO THE MORATORIIUM ESTABLISHED BY ORDINANCE PASSED 12/7/99. THE PUBLIC HEARING WILL BE CONDUCTED, BUT NO ACTION WILL BE TAKEN.) *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 2). OTHER ITEMS FOR'CONSIDERATION 15. Receive a briefing, continue discussion and COnsider recommendation to City Council regarding the adoption of interim development standards for residential development that would apply for the period from adoption of the Comprehensive Plan through adoption of a new Development Code, *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 130). No Motion. DIRECTOR'S REPORT 16 Council Action. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes 40. 1' 2 4 6 7 8 9 10 11 12 14 16 17 18 19 20 21 fred it offensive. I would rather see thc c the ~b"~Sc~see across that and~:~'~_my, young people might be nil rheas o~3e~d to not being able to see acroSS that and won~ they are. . MR. ~q~t~Rv. ctrr: o'lmy~.C0mmissioners, any oth~ ~cflsgi'~on? We"ha,~a motion and 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 approxlmately'025 a~s.._from Two-Family zoning to, l~leighb~--b~.tl~xl Servic~o~ig. Tho property is located at 215 Fi~-ti~t. Tho intent of th~ proposal is to utilize an existing non-residential structure. Them is a request hem. Please COntinue this case. This allows time to have a neighborhood meeting. Or please continue this to January 1.2th. This will allow us .t.~e'to.have a neighborhood meeting. At this time, I'll open the public hearing. Mr. Reiehha't, if you want to give us a brief staff report, and we'll take public corrmacnt. MR. REICHHART: Yes, I will. Thank you. We're looking at the property on the southwest comer of First Srcet and Bolivar and one of the issues I think that came up was regarding our notification and the way this. was advertised. In fact, we're looking at the rear 100 feet of the lot where the existing structure is. The applicant is proposing to subdivide this property and they are requesting Neighborhood Services zoning for the property. The location where the sign was placed on the comer 0fth¢ lot in front of the single-family structure, the notification indicating that it was the whole lot, I think raised some concerns with the neighborhood about what's happening with this entir~ lot. The.applicant is looking to ,- that ' Page 56 I property was sezoned in '69 as part of the original zoning 2 we had in the City. Prior to that, thoro Was that block Commissioners, it is near the 7:00 p.m. 10 hour. If you'll notice, you were just handed a note which 11 asl~ for a continuance of cas~ Z-99-090 which is Agenda 12 Item No.' i3. ~I think in thc time we have bef0re.7:00, ff . - 13 you would lik~, we could open that public heai'ing and 14 continue and take any comments and COntinue it, if you so 15 desire to acknowledge this. Yes, we would need a motion 16 to move this Agenda item up. 17 MR. RISHEL: I'd llke to'make the motion we 18 move Item 13 to the next point in our Agenda. 19 MIL MCNEILL~ 8¢cond. 20 M~. ~v. LBe, Ectrr: Any dlseussion? Vote, 21 please. Motion carries 5-0. (Commi~ioners Apple and 22 Williams not present.) 23 Okay. We will then move to what was Agenda 24 Item No. 13, hold a public hearing and COnsider making a Z5 recnmmendation to City Conner concern_inS the rezon_in$ of 3 structar~ on tho building that was used for a business. 4 Tho most recent business and tho location was a 5 refrigerator repair, I believe. Tho owner of tho 6 property's father died. Tho repair shop became vacant. 7 It lost its non-conforming status. And in order to 8 utilize that building for commercial endeavor, tho 9 property has to bo rezoned..' 10 And part of that rezoning would have to 11 require subdivision of tho land because tho two zonings 12 am incompatible. Tho way we look at it, a Commercial, 13 ' ahy typo of Comn'~rcial zoning with single'family cannot bo 14 on tho same property. So we can go to a Po or request for 15 zoning. 16 Talking with tl~ applicant over tho last 17 couple Of days, a number of phone calls, Igople am very ' 18 concerned what's going to hapl~n on this prolgrty. Are 19 you just going to rezone it and anything can happen? 20 Issues with traffic and whe~ the parking is going to bo 21 and those typo of issues with tho n~ighborhced have come 22 up. And I think it caught tlm applicant blind-sided, 23 basically. He's looking at it as it's been in tho family 24 so it*$ been Ilied ~s, you lmow,, commercial activity for 25 y~rs. I just want a little shop or $omoth!ng in th¢~. PLANNING AND ZONING COMMISSION DE('"'" ~"~R 15, 1999 Page 53 - Page 5~ 41.. · '~:::~,:Condenselt So in taking with him'again tonight, I recommended that 2 - they continu~ the public hearing in order to get a 3 neighborhood meeting together to really understand what 4 the people, what their concerns were. Let him have his 5 chance to explain, these are the uses in the Neighborhood 6 Service that I'm proposing. I'm looking for a 7 · professional office, a mall little shop. I'm not looking 8 for a'laundromat or anything like thai. And those can be 9 struck right frofi~ the permitted roes. '" 10 And possibly dealing with the neighborhood -- 11 right now wc have over 20 percent opposition, registered 12 opposition. So it's staff's feeling that no matter ff 13 this goes onto City Council, there's the likelihood it 14 would bo denied. So this gives the applicant thc ability 15 to talk to the neighbors and try to resolve those issues 16 bofore bo goes any farther. But we do recommend that we 17 -- for the continuance. 18 MR. ENGELBRECHT: commissioners, any questions 19 for staff at this timc? I'm not going to ask for the l0 petitioner at this time. We will hold that until the next 21 meeting assuming it gets continued. I would ask, is there 22 anyone present who would like to speak in favor of this 23 petition? Anyone present to speak in favor of this 24 petition? In that case, is there anyone who would like to IS speak in opposition to the petition? I do have one card, Page 58 is it Cosimo? Yes, sir. Come on down. If you would give 2 us your name and address for tho record. 3 MR. COSIMO: My name is Barney Cosimo, 1107 4 Bolivar Street. Ara I understanding correctly, you're 5 going to take this issue up again on January 12th? 6 MR. ENOELBRECHT: That's what's been requested 7 and that's what it would appear we're going to do. But if 8 you have comments,'please make them ff you want to make 9 some now. 10 MR. COSIMO: Neighborhood services which is l I the zoning they're seeking would allow this.to become a 12 .' halfway house; from what ! understand just reading the ' possibilities,' and that is definitely not an acceptable use of this property for me. I own a house. I own several rent properties dose by and a halfway house would -' , ' -~'.'Page 59 ] 1 time, thc iSSUe -- if yo~.u: re not opposed to all uses in 2 that lq'..~o!a_~b~orhood Servicex.'then that can bo a point of 3 negotiation as to what would bo allowed. 4 MR. cos~o: can that bo written into the $ zoning? 6 MR. ENGELBRECHT: oh, yeah. Absolutely. You 7 bot. 10 MR. COS~MO: Thank you.. MR. ENGELBRECHT: Okay. 'Thank you. MI~ RISHEI~ And do you have a list, I take 11 it, of the appropriate uses that would be under that 12 definition? 13 MR. COS~MO: I do, but I don't have it here. 14 .MR. ENGELBRECHT: Sure. That can be taken up 15 at the neighborhood meeting. 16 MR. CO$1MO: Thank you. 17 MR. ENGELBRECHT: Is there anyon~'else present 18 who would like to speak in opposition to this petition? 19 Yes, ma'am. 20 MS. MUNGER: I'm Darlene Munger, 1111 Bolivar 21 Street, and I am opposed to any conunercial use of this 22 building. I purchased my house seven years ago. It is in 23 a neighborhood which is very close to qualifying for 24 historical designation. There's only a few houses out of 25 compliance..Those houses were bulRin the early 1900's. · · . 'Page 1 Older houses, historically, either go to slums or become 2 historical neighborhoods or something quaint. Bringing 3 commercial business in there can ouly take it to the slum 4 category and take us in that direction. I don'.t see any $ good that could happen from that. The only acceptable use 6 to me would bo to bring it in compliance with the existing 7 zoning. 8 We do not want a commercial business of any 9 kind there. One reason, it would compromise.our safety, 10 whatever it is, because it would bring people rotc our 11 neighborhood who aro not our neighborhoods. 12 · ;Also~ there is a very bad problem with traffic 13 ' On First Street. It is tho fa'st cut-thro~_~h from Elm and ' 14 Locust which does not take you to a one-way street that's 15 north of downtown. So there's a lot of people going on 13 14 15 16 severely impact my property values, ~ well as my 17 lifestyle or whatever. Those are my objections. Iknowa 18 lot of my neighbors are aware of the fact that they're 19 trying to rezone the shop building and not the house and 20 they object really strongly. ~ is a petition out in 21 the audience from a bunch of neighbors. Thanks a lot. 22 MR. ENGELBRECHT: Just a moment. You 23 understand that what they were requesting to do is a 24 postponement so that they could hold a neighborhood 25 meeting and talk about some of those issues. And at that 16 First Street. There's not really room to put anything 17 there that's going to generate any more traffic. There's 18 people that park all tho way up to the stop sign fight now 19 and it's a very dangerous place. 20 MR. ENGELBRECHT: Any other comments? 21 Commissioners, any questions? Ms. Gourdie. 22 MS. CoOURDIE: Yes, thank yOU. ~ yOU bough 23 your house seven years ago, that building was there. I'm 24 just curious as to -- I had friends who were going to buy 25 this property and so I'm very well aware of it. I mean, PLANNING AND ZONING COMMISSION DECEMBER 15, 1999 Page 57 - Page 60 42. 1 it's ob~ousl¥ an offic~ building wl~n you look at it with 2 . that picture window and th~ driv~va¥. You kn~,v h was 3 Ilsed for a business propose. Did you not think it was 4 ever going to b~ - I'm just curious as to what you S thought when you bot, ght your house seven years ago. You 6 tho~_??t, is this going to be destroyed or is it going to ? stay. - 8 las.'MuNo~le ~weli,: I asked about tho' zOning . .. 9 and I was told it was 2-E So even tho,,~h it was an I0 eye~ore~ I thought at some future point it would como into 11 compliance. It was an eyesore that was sitting thoro and 12 you could see there ware things in it, but nobody was 13 actually operating it that I could se~. 14 MS. OOURDI~: So you would propose that they 15 destroy tho building and use tho property for - 16 MS. MUNOER: well, they could put some siding 17 on it or whatover. It's got agaragodoor there. They 18 could make a garage out of it to attach to theh' house. I 19 don't partico!~rly care as long as they bring it into a 20 ndghborhood-typo of compliance. We don't need a 21 laundromat. We don't need a halfway house. 22 las. C, OUROIE: would you be open to a 23 one-person offic~ or software development center? 24 MS. MUNOER: NO. We just had this exact same . 2.6 argument with someone at 1006 Bolivar Strict who wanted to · ' Condenselt ............................... ,~ . ., ,, Page 61 1 3 4 6 7 9 10 11 12 13 14 1.6 16 17 15 19 2O 21 22 23 24 2.6 · ey'~ do~ by %0 ~pb~d. . MS. ~IE: M~t ~oss ~e ~t. Okay. ~ you. Ms. Go~o.~d. '~d you not ~ow ~t ~ ~ a reffige~tor r~a~ pla~ ~ ~h~ you mov~ in? Ms. ~OER: well, it ~d not ap~ to ~.~ active bm~. It ap~ W ~ ~me~ng ~at w~ just left ov~ ~d I ch~k~ ~ ~nlng on it ~d ~¢ ~Mng w~ 2-F. I ~ not told ~¢~ w~ ~y o~er ~ of ~a~er cla~ or wha~ver. So I ~o~t it w~ going to ~ain 2-F. M~ M~EILL: wh~ ~d ~oy ~p ~pa~ng ~ffigemtors M~ M~ILL: That's s~ mon~, i~'t it? M~ M~IL~ Th~ you. ·ero d~'t ap~ W haw ~ much a~tivi~.~ound ·" . Page 62 I move a business in there and her take of it was -- now, 2 she was one of tho people that lived in a different part 3 of town in bigger houses, but she didn't want her business 4 in her neighborhood. She wanted it in our neighborhood. 5 So she moved an appraisal business into that. We had the 6 neighborhood meetings. The neighbors all showed up. We 7 aRsaid, you seem like a very nice person. Wc wish you 8 success ~omeplace elg~. Don't bring it to our 9 neighborhood. We want our houses occupied by our 10 neighbors. 11 Well, we wouldn't have any signage. We 12' wouldn't have any thiS, that, and the Other. And that'was 13 only two houses. There's only one house between that and 14 what you're requesting now. The City turned that down. 15 She moved her business in there anyway and the City ended 16 up having to au~ her to get her out of there. And we 17 ended up having to hound the City to make them sue her. 18 So we really don't want to get in that whole scenario 19 again. It's counter-productive for all of us. 20 MS. GOURDIE: So even thoogh there are offices 21 and general retail on the ~me block, you feel thom arc 22 inappropriate uses in this area, also? The ones that arc 23 already in service and zoned that way? I'm just curious 24 if you're aware of that in your neighborhood now. i25 ' · MS. MUNGER: Well, they're not anywhere close · Page 64 1 there in a long time. 12 MS. MUNGER: And just b¢~.. use it was 3 grandfathered in way back then and it's out of compliance 4 now doe,sn't mean it should bcput back into the old 5 zoning. Thank you. 6 MR. ENGELBREUHT: Thank you. Is there anyone 7 else present who would like to speak in opposition to this 8 petition? Anyone else present to speak in opposition? 9 Yes, ma'am. 10 MS. RUTHERFORD: Rutherford, I live at 1001 11 Bolivar whlch is aqtuslly right hece. We live in dlrect 12' sight Of this building.'. Though I don'.t see it as an 13' eyeSOre, I do not wish it to bee busineSS..' I do not Wish 14 someone that does not live in our neighborhood to have 15 access to it. I believe that they would -- that if 16 someone lived in the house that is still a part of the 17 property, that that -- I wouldn't have a problem with 18 anything going on if they lived there bceausc they would 19 'believe in the integrity of our nclghborhood which someone 20 else might not. That's pretty much all I have. 21 MR. ENOELI)RECHT: Comrm~xoncrs~ any 22 questions? Thank you. 23 MS. RUII~RFORD: Thank you. 24 MI~ ENGEI2RECttT: IS there anyone else present 2.6 . who would llko to speak in opposition to the petition? PLANNING AND ZONING COMMISSION DF°~rnER 15, 1999 43. Page 61 - Page 6'4 I .Anyone else present to'speak in OPposition? Seeing n0 ' ~" 2 ' additlt{nal °Pp0slti~n, .C~.~ssi°n~% th~'re'~'a request 3 toconthi{~e'this't~lantmryl2th. Iw°uldentertalna ~ motion. Mr. Risbol. .... 5 MR. Ri$1-IEL: 'I'd like to rcoommcnd continuance 6 of Z-99-090 to the January 12th, 2000 meetin§. 7 ~ ~NGELBRECHT: IS there a second? .$ Mli. MoRENo: S~ond. . : 9 ' '~'~Cm~T: ~xeus~me. ref~r~ouvote 10 though, not that I want this to bo part of the moratorium 11 but as we were just talking, all the uses in Neighborhood 12 Service are permlttexl uses in the Commercial district. 13 Would this not bo considerexl part of the commercial 14 moratorium? Oh, it's plattlng. Thank you. Sorry. 15 MR. ENGEL~P. ECHT: All right. Is there a 16 s~ond? 17 MR. RISHEL: There was. 18 MR. MORENO: Second. 19 MR. £NGELBRECHT: okay. It's b~n movexl and 20 secondexl to continue to our next regularly schexlulecl 21 meeting, January the 12th, 2000. Any discussion? Vote, 22 plea~. Motion carries 5-0. (Commissioners Apple and 23 Williams not preset.) 24 25 4 6 7 9 10 11 12 14 15 16 17 18 19 20 21 22 23 In and Postponed until ~'-~ or continued to ~anuar~ ; also continued to the ts well, was continued Okay. which is No. consider making TI~ prolm'ty proposal school move onto the ~ hear this evening hearing and 231 acres. r mixed-us= d~tdopment including ~ ~ and multi-family r~idcntial, open,space, n and commercial use. At this time, I II open~ and ask Mr. Reichhart to provide us ~ Sir. 1 3 sort of 4 s will 6 9, orNo. 14. 7 8 9 10 will say though, 11 the meeting, 12 No. 10. And as 13 14 15 16 17 18 MR. 1/ 19 MR. ~0 it's 11, 21 22 23 24 All right. We're going to breek a 13th that th of a project very s~i!n? t~ I'll go into those in n the additional letters of o staff just bdo~o ~I~ that tha~ was 20 ' Council went on to recommend approval with ! that was approved with a ' vot~. Subsequent to th* public heating - so Subsequent to we were noticed thai 25 until 7:40. PLANNING AND ZONING COMMISSION DECEMBIiR 1~, 1999 44. And , tho residents that, not necessarily tho Page 65 - Page 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ENGELBRECNT: At this time, I'll reconvene the Planning and Zoning Commission. And we will move on to Agenda Item No. 9, which is to continue a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 0.25 acres from the Two-Family zoning district to a Neighborhood Services zoning district. The property is located at 215 First Street. The intent of the proposal is to utilize an existing non-residential structure. This is a continuation. At this time, I will ask Mr. Reichhart to bring us up to date with actions during the intervening period. MR. REICHHART: Thank you. We are looking at a continuation of a public hearing on the south side of First Street just east of Bolivar. It's the eastern half of an existing parcel. Neighborhood Service. At our last meeting, there were a The request is to zone that to NS, ~ number of neighbors that spoke in opposition and I think the general flavor was they didn't know what was going to happen on the site. since that meeting, we've had a neighborhood meeting. It was on January 3rd. You have all the information on your backup. But at that meeting, we received a number -- basically, we just went right through the permitted uses in the Neighborhood Service with the PLANNING AND ZONING COMMISSION JANUARY 12, 2000 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 applicant and the neighbors and we struck this, we struck that. That's all in your backup. Addressed the concerns that the neighbors had and we got a number of letters rescinding their original opposition. And just tonight, I was handed two more that I'll pass around. Those are the originals, so we'll need to get those back. By the time the neighborhood meeting was over, the general flavor was with the restrictions to the permitted uses and the additional recommendations that we had as conditions, the neighbors were very comfortable with what was being proposed. There still are a few people in opposition. They can speak on that and what their concerns are. But with the neighborhood meeting, staff is recommending approval of the proposed zoning request with the following conditions: that the uses shall be limited to those that are identified in the Exhibit B of the draft ordinance that was in your attachments; no tattoo parlors or abortion clinics shall be permitted; no food and/or beverage sales are permitted; no customers shall be allowed on the property from 7:00 p.m. to 7:00 a.m.; all on-site parking shall be south of the existing structure; any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night PLANNING AND ZONING COMMISSION JANUARY 12, 2000 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 sky; no flashing or strobe lighting is allowed; the size and/or square footage of the existing structure shall not be increased; existing trees larger than three inches in caliper shall be saved; and that the property is subdivided to correspond with the proposed zoning. And one additional comment as you look at the list of uses that were struck, one of the concerns under retail and service-type uses on page 2 of the permitted uses was a studio for photographer, musician, artist, or health and there were some questions regarding what was a studio for health. And as it was explained to me, it isn't a doctor's office. It's more considered a work-out studio, aerobics, that type of facility. And explaining that to the applicant, that one was, depending on what it was, if it was a health clinic, the folks didn't want it thinking it might bring in too much traffic or something like that. But the applicant decided to leave it in as a permitted use given that definition. the only question that anybody had. MR. ENGELBRECHT: questions for Mr. Reichhart? And that was really Okay. Commissioners, Thank you. MR. WILLIAMS: I do have one question. MR. ENGELBRECHT: Oh, yes, Mr. Williams. MR. WILLIAMS: What is the zoning around this quarter of an acre? PLANNING AND ZONING COMMISSION JANUARY 12, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. REICHHART: Here's a copy of the zoning map. The majority of the zoning, as you go up and down Bolivar, is 2-F, Two-Family. Just to the, excuse me, to the east is a multi-family structure. And then we have a lot of office, general retail as we go up and down North Elm. MR. WILLIAMS: Okay. An old neighborhood with really no specific zoning for that area? MR. REICHHART: originally what had happened, the existing house on the site and the structure in question were both in existence prior to 1969 when the first zoning went into effect and that property has always been used for some kind of family business. I think the most recent was a refrigerator repair-type of shop. And what happened is that the property owner stopped using that as a business. It lost its pre-existing non-confirming use. And now with the 2-F zoning, it could be used for an accessory building, basically, a garage, a little bit of storage for the house. It cannot be used for a business under the 2-F. MR. WILLIAMS: Okay. Could you refresh my memory on spot zoning, what the definition of that term is? MR. REICHHART: I'll let the attorney. MR. SNYDER: The legal definition is spot PLANNING AND ZONING COMMISSION 48. JANUARY 12, 2000 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 zoning is something that's inconsistent with your Comprehensive Plan. That's kind of a general definition. But, legally, normally what spot zoning means is if you single out a particular use that's basically surrounded by other types of uses and just zone that particular piece of property inconsistent with the master plan for the area. That's considered spot zoning. This particular case, the property that's being rezoned does have, abutting on one side, office uses and multi-family uses and then on the other side, on all the other three sides, it's single or two-family. MR. WILLIAMS: Thank you. MR. ENGELBRECHT: Ms. Apple. MS. APPLE: Larry, just for clarification, I'm still trying to get all these opposition rescissions straight. MR. REICHHART: They're well under -- I just got those today and the last time I had calculated, we were under seven percent. MS. APPLE: Okay. But there's still two -- it looks like two people within 200 feet that are still in opposition? MR. REICHHART: I believe so. I think we're at two opposed. MS. APPLE: Okay. Thanks. PLANNING AND ZONING CON~ISSION 49. JANUARY 12, 2000 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. ENGELBRECHT: Mr. Rishel. MR. RISHEL: Would you refresh my memory? What is the length of time that you abandon a business before it becomes the previous zoning, non-compliant zoning becomes effective? MR. REICHHART: I believe it's six months. MR. RISHEL: Six months. MR. ENGELBRECHT: Any other questions at this time? Thank you. Is petitioner or petitioner's representative present and do you care to make comment? MR. REICHHART: He indicated that he was present but only to answer questions, really. MR. RISHEL: He's going to speak. MR. ENGELBRECHT: Please give us your name and address for the record. MR. DOYLE: My name is Dudley Doyle and my address is in Sanger, but this house is my mother and dad's home right there on Bolivar at 920 Bolivar. He had the shop at 215 First. We've had it since 1959 working refrigeration equipment, refrigerators, appliances. It's a nice building. It's got picture windows in the front facing First Street. The lot, the whole lot is about 220-foot deep and what we were going to do is separate it. We had it zoned Commercial in 1959 or '56 and they came back and rezoned it 2-F from Bolivar Street. Actually, PLANNING AND ZONING COMMISSION 50. JANUARY 12, 2000 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 we're right in the middle, the building is right in the middle of North Elm and'Bolivar. And we would like to set it back because it's a nice building. They can use it for different things like an insurance office or lawyer's office, you know, something that would kind of go with the neighborhood there. And we've got the Board of Realtors right across from us. They face North Elm but there's nothing but parking spaces between us and the Board of Realtors. And we'd like to be able to sell the building to use it for something else. We had the building and we've been using it since 1959 to '98 and I had heart trouble and I had to close it up. But we would like to sell it and if they can't rezone it, it's going to be kind of hard just to make a hay barn or something out of it because it is a nice building. MR. ENGELBRECHT: Okay. Are there any questions for Mr. Doyle? Thank you. Is there anyone present to speak in favor of this petition? MR. SMALL: My name is Roland Small. I live at 725 Bolivar. I've lived there for 25 years so I've seen the community develop as it is today. In addition to living at the corner of Bolivar and Panhandle, I've also owned two homes on Bolivar, 1007 and currently 1108 Bolivar, which I've reconditioned to update it to make the PLANNING AND ZONING COMMISSION 51. JANUARY 12, 2000 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 community look better. The neighbor across the street, Barney's, improved three of them. And we've seen this area develop where if you didn't apply the proper usage to a piece of property for what it is designed, it's going to end up being a disaster. And that's why I would like to see this particular building rezoned to be a Neighborhood Service to act as a buffer between Commercial on the one side or Office on the one side and Two-Family on the other. As an investor, if I would be wanting to procure that property for two-family usage, by the time I destroyed the original building and built a proper two-family residence, I could in no way get my investment out of the property because of what's across the street. And across the street, we have a family-owned business that's an auto repair and junk yard with a high fence. And he's utilized all of his on-premise parking for his miscellaneous work and, subsequently, 24 hours a day we have three to five cars permanently on the street. And that would not lend itself for two-family living but I feel that Neighborhood Service would suffice. MR. ENGELBRECHT: Okay. Are there any questions for Mr. Small? Thank you, sir. And I do want to apologize, I did have cards from Mr. Doy~ and Mr. Small. I'm trying to get back into this after the PLANNING AND ZONING COMMISSION 52. JANUARY 12, 2000 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 holidays. But I do not have any other cards but is there anyone else who would like to speak in favor of this petition? Yes, ma'am. MS. DOYLE: My name is Darlene Doyle and I'm Dudley's wife. And we just wanted to say that really the opposition that came, came out of a misunderstanding and that's all cleared up. And these neighbors, all but the two, are happy with this. And we've talked to each one and the people around on every side across are in agreement that it's okay to do that. So there doesn't seem to be -- the people that are opposing it are not -- are a block away. And this has been a family-owned business since 1959 and there's been no complaints. There's never been a complaint. It's fit into the neighborhood and it could do that again with the proper ownership. And with all the things that we deleted, you'll notice there's just about four things we can do, and we feel like we've compromised to the fullest extent and we listened to everything. And there's adequate parking in the back and the Zoning Code that you have would care of any kind of business that wouldn't fit into the neighborhood. So we appreciate your consideration. MR. ENGELBRECHT: Okay. Thank you. Ms. Apple. Just a moment, Ms. Doyle. Ms. Apple, you have a PLANNING AND ZONING COMMISSION 53. JANUARY 12, 2000 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 question? MS. APPLE: I just have a question. Bless your heart, they did eliminate almost all of the uses. I see there's very few to choose from. But one was interesting to me that was left was studio for photography, musician, artist, or health. What if the musician was a drummer? Did y'all even discuss maybe the noise level of a studio for musicians? MS. DOYLE: Mainly, we were talking about artist studio where it would just be -- I think your zoning Code would probably take care of the -- MS. APPLE: permitted use though. MS. DOYLE: Well, it's included in the Larry, was that addressed? MR. REICHHART: My recollection was that it did come up for discussion and there really wasn't a concern. MS. APPLE: Okay. I could just see like an alternative rock band in the neighborhood. MS. DOYLE: Well, I think it came up that the neighbors, if they complained, that would be taken care, you know, that that would not -- they have to go through all your codes and I don't think it would even get in. MS. APPLE: Exactly. With a nuisance ordinance. PLANNING AND ZONING COMMISSION 54. JANUARY 12, 2000 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ENGELBRECHT: And I'll ask Mr. Reichhart, it is possible that we could simply strike musician from that list without striking the entire list, is it not? MR. REICHHART: That is possible. MR. ENGELBRECHT: Okay. All right. MS. APPLE: Thank you. MR. ENGELBRECHT: Is there anyone else present who would like to speak in favor of this request? I'm sorry, sir, we've already had a comment. Is there anyone else present who would like to speak in favor of this request? In that case, is there anyone present who would like to speak in opposition to the request? Is there anyone present to speak in opposition to the request? Seeing no opposition, the rebuttal period is waived and the public hearing is closed. Mr. Rishel, you have a question? MR. RISHEL: I had a question, as a matter of fact, of Mr. Small. I'd like for Mr. Small, if you would could you come forward? It sounds like we have a business operated in this area that's either in a restricted pre-existing condition situation or whatever else. Would you point out to me on the little map that they have right there where this other business that you alluded to is located. Okay. And is the fence, as we understand it, it sounds like this is in an over-sized fence situation. PLANNING AND ZONING COMMISSION 55. JANUARY 12, 2000 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SMALL: No. What it really amounts to is that because of the type of business he had, he was told he had to enclose it to cover up all of the residue from his business. I call it junk. So he put up an eight-foot high solid white aluminum fence. And there is no on-premise parking left on his property so the vehicles that he works on plus his personal vehicles are always on the street. MR. RISHEL: I see. MR. SMALL: Which does create a few problems. MR. RISHEL: I wanted to get that clarified. Thank you very much, sir. MR. SMALL: Could I make one comment? MR. ENGELBRECHT: Well, since you've been called back down, I think you have the opportunity. MR. SMALL: Relative to the noise, the restrictions were 7:00 to 7:00 so there would never be any noise after 7:00 o'clock at night. Okay? Does that answer your question, Susan, about playing drums late at night? MS. APPLE: Not really because I'm not necessarily concerned about in the evening, just the fact I didn't know if they had realized that that was a possibility. MR. ENGELBRECHT: Thank you. Mr. Reichhart. PLANNING AND ZONING COMMISSION 56. JANUARY 12, 2000 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. REICHHART: On that topic about the music, I think it was realized that with the college, it could be set up as a studio to give lessons, any type of piano music or violin or guitar or it could be drums, but it could just be that type of a studio, also. And, quite honestly, it was discussed and there really didn't seem to be an opposition. People weren't worried about the noise. MR. ENGELBRECHT: All right. Mr. Moreno, do you have a question? MR. MORENO: Yes, Mr. Reichhart. What is the zoning of that site that you indicated in orange? MR. REICHHART: 2-F. MR. MORENO: 2-F. So is what it's being used for, is that a non-conforming use? Is that the proper term? MR. REICHHART: Yes. MR. MORENO: Okay. Thank you. MR. ENGELBRECHT: I would ask staff, Mr. Small made the comment about no on-premise parking and I thought we do have a requirement that there be on-premise parking, I believe. Do we not? MR. REICHHART: I believe the building department is aware of some of the concerns on that site. MR. ENGELBRECHT: So that's something that can be pursued. PLANNING AND ZONING COMMISSION 57. JANUARY 12, 2000 13 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. REICHHART: And they are pursuing that and the applicant is trying to get rid of some of the vehicles that could be used for parking areas and things like that. So they are working with that property owner. MR. ENGELBRECHT: All right. Commissioners, any other questions? MR. RISHEL: Yes, sir. MR. ENGELBRECHT: Mr. Rishel. MR. RISHEL: I guess we're still curious. Is the lot marked in orange, is it in non-compliance or is it grandfathered in some way, shape, or form as a business? MR. REICHHART: Possibly both, but I think it's grandfathered as a business. MR. DONALDSON: It's a legal non-conforming use because it's been operating continually since the Zoning Code was enacted in 1969. MR. RISHEL: Thank you. MR. ENGELBRECHT: Are there any other questions, comments, or a motion? Ms. Gourdie. MS. GOURDIE: Did you put a motion -- MR. ENGELBRECHT: I don't believe there is. I believe you have to -- MS. GOURDIE: Actually, there is. Mr. Rishel found it. I move to recommend approval of Z-99-090 with the following conditions: any new non-residential PLANNING AND ZONING COMMISSION 58. JANUARY 12, 2000 14 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 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; (2) the size and/or square footage existing structure shall not be increased; (3) existing trees larger than three inches in caliper shall be saved; and (4) the property is subdivided to correspond with the proposed zoning. MR. RISHEL: And I think that there's a list of staff recommended approved businesses that we'd also like to include in that; is that correct, as a part of that motion? MR. ENGELBRECHT: There are actually -- Ms. Gourdie, you listed four conditions and on page 1, the recommendation has eight conditions. MR. REICHHART: You might be looking at the previous staff report. MS. GOURDIE: I'm sorry. Okay. MR. REICHHART: That was included in the backup and that was the original recommendation. If you'll look on the first page and I don't think we copied it over as a motion. MS. GOURDIE: Yeah, it didn't. It just said recommendation, not a motion. MR. REICHHART: The motion would include those PLANNING AND ZONING COMMISSION 59. JANUARY 12, 2000 15 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 nine conditions. MS. GOURDIE: Okay. Ail right. So let's try this again. I move to recommend approval of Z-99-090 with the following conditions: the uses shall be limited to those identified in Exhibit B of the draft ordinance; (2) no tattoo parlors, abortion clinics shall be permitted; (3) no food and/or beverage sales are permitted; (4) no customers shall be allowed on the property from 7:00 p.m. to 7:00 a.m.; (5) all on-site parking shall be south of the existing structure; (6) any new non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky; no flashing or strobe lighting is allowed; (7) the size and/or square footage of the existing structure shall not be increased; (8) existing trees larger than three inches in caliper shall be saved; (9) the property is subdivided to correspond with the proposed zoning. MS. APPLE: Second. MR. ENGELBRECHT: It's been moved and seconded to approve. Any discussion? I would like to offer a friendly amendment to Condition No. 6 that the word "new" be stricken so that it read, any non-residential lighting on the property. Actually, I'm sorry. I would strike PLANNING AND ZONING COMMISSION 60. JANUARY 12, 2000 16 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 "new" and ,,non-residential" so that it says that any lighting on the property. MR. REICHHART: The property in question would be the rear portion of that lot so, I mean, it will no longer be residential. So it could say any. MR. ENGELBRECHT: Just says "any lighting." MR. REICHHART: Because we're only referring to that parcel, so I believe that would be fine. MS. GOURDIE: Sure. MR. ENGELBRECHT: The seconder? MS. APPLE: I'll agree. MR. MCNEILL: I have a question on that. MR. ENGELBRECHT: Yes, Mr. McNeill. MR. MCNEILL: I don't have a problem with that but if you don't leave the word "new" in there, aren't you telling them to redo anything that's there? MR. ENGELBRECHT: Yes, that's exactly -- that's why I was -- MR. MCNEILL: Can we do that? MR. ENGELBRECHT: This is rezoning, so basically -- MR. DONALDSON: In order to occupy the building again, they'll have to get a permit and a Certificate of Occupation. MR. MCNEILL: Okay. PLANNING AND ZONING COMMISSION 61. JANUARY 12, 2000 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RISHEL: Just a point of clarification -- MR. ENGELBRECHT: Just a moment, please. Mr. Williams, did you have a question? MR. WILLIAMS: I'll wait until you finish with that. MR. ENGELBRECHT: Okay. Mr. Rishel. MR. RISHEL: Maybe I need a legal clarification and it refers to your lighting on both cases. If the code required, as an example, you have a second egress from the building that there needed to be a light outside that to be in compliance with the city codes and whatever else and there isn't now, how would we make it flexible enough to be able to put that lighting in as you step out of a door onto a landing and make that work? MR. REICHHART: Basically, all we're saying is that it just has to shine down on it as a safety concern and not shine out. MR. RISHEL: My point is the building was built in the '50s and it may or may not have had a light outside like it would today in our code that we would require an egress be lighted at that landing area. MR. REICHHART: It's really fairly easy to shield and/or put any type of lighting in that's pinpoint lighting as opposed to just a big wall pack that shines in everybody's window. I mean, they can put a shield over PLANNING AND ZONING COMM!~T~ 62. JANUARY 12, 2000 18 almost any type of wall-mounted lighting now that would limit the liqhting down to where you need it and not shine 64. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it off in the direction. MR. RISHEL: So you could add lighting, it just couldn't reflect outward? MR. REICHHART: Right. This allows lighting, but not to interfere with your neighbors. MR. RISHEL: Just trying to get the text clarified here. MR. ENGELBRECHT: Mr. Williams. MR. WILLIAMS: Yes. I'm going to vote against this motion based upon my basic philosophy of the purpose of Planning and zoning. When I was a child, I worked in a neighborhood where a bootlegger lived next door. Two doors down, there was a funeral home. And the neighborhood was just a potpourri of stuff. And I have a serious problem about rezoning one address and that's, basically, what we're doing is rezoning one address. I have some serious, serious problems with this because, to me, this defeats the whole philosophy of Planning and Zoning where you do planning and you do zoning based upon land uses and the compatibility of neighborhoods. And it has nothing to do with anything but my whole philosophy of the purpose of Planning and Zoning. MS. APPLE: I'll be voting in favor of the PLANNING AND ZONING COMMISSION JANUARY 12, 2000 19 63. 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 motion. This particular building really couldn't have any single-family uses as far as I'm concerned. It looks like a business. It actually looks kind of like a garage, in a sense, because of the type of business that he had in it. And it is directly across the street from the parking lot of the Board of Realtors office, and so there's not a residential flavor to me, as such, because the house to the west of it faces in this direction. And I'm comfortable with the motion. MR. ENGELBRECHT: I would like to ask staff a question, and that is, is this included in the downtown area? MR. REICHHART: No. MR. DONALDSON: Yes. MR. ENGELBRECHT: Well, I'm not talking about -- obviously, it's not in the square but in terms of area we have designated in the land use plan, that's included in the area that we call downtown. And I wonder if you might just comment on basically what we're trying to accomplish with that district. MR. DONALDSON: The language in the Comp Plan would allow a mix of uses within that district and within the individual neighborhoods. We are currently working with a citizen's committee to r~vise our Development Code. As a result of that, I would expect that we would see PLANNING AND ZONING COMMISSION 65. JANUARY 12, 2000 20 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 City-wide rezoning to bring our zoning map into compliance with our Land Use Plan and the Comprehensive Plan. That will begin happening this summer. So I would expect that we could expect a very broad mixed-use neighborhood-type zoning within this entire Carroll to Elm district. MR. ENGELBRECHT: Okay. any other comments, Commissioners? will be voting in favor of this particular request. believe that with the conditions, I believe it's consistent with our plan for the downtown area. And Thank you. Are there Then I want to say I I probably more importantly, I believe that because of the mix of uses that are already there, it is -- because of the work that's been done by staff and the residents and the petitioner, the residential areas have been afforded protection and so that this will not be detrimental to their well-being. And, in fact, if our whole downtown plan works, another. vote, this could all work to be beneficial to one Any other comments? Okay. In that case, please. Motion carries six to one. (Williams voting in opposition.) PLANNING AND ZONING COMMI~7ON 66. JANUARY 12, 2000 21 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0.25 ACRES OF LAND LOCATED AT 215 FIRST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-090) WHEREAS, Dudley Doyle has applied for a change in zoning for 0.25 acres of land from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS[c]) zoning district classification and use designation; and WHEREAS, on January 12, 2000 the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning is consistent with the 1999- 2020 Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 0.25 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Two-family dwelling (2-F) zoning district classification and use designation to Neighborhood Service (NS[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Neighborhood Service (NS) zoning district. 2. No tattoo parlors and/or abortion clinics shall be permitted. 3. No food and/or beverage sales are permitted. 4. No customers shall be allowed on the property from 7 p.m. to 7a.m. 5. All on-site parking shall be south of the existing structure. 6. Any lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. No flashing or strobe lighting is allowed. 7. The size and/or squar.e footage of the existing structure shall not be increased. 8. Existing trees larger than 3 inches in caliper shall be saved. 9. The prOperty is subdivided to correspond with the proposed zoning. 67. 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 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 this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 68. Page 2 of 2 EXHIBIT A 0.25 ACRES BEING all that certain tract of land situated in the B.B.B. & C. R. R. Company Survey, Abstract Number 185, City of Denton, Denton County, Texas and being a part of a tract of land described in the Deed from Fred Harper et ux to E. C. Doyle et ux recorded in Volume 283, Page 400 of the Deed Records of Denton County, Texas and being more particularly described as follows: · BEGINNING at a PK nail set for the Northeast corner of the herein described tract in or near the middle of First Street and 'at the Northeast corner of said Doyle tract; THENCE South O0 degrees 14 minutes 56 seconds West with the East line thereof passing at a distance of 19.21 feet a ½" capped iron rod found for the Northwest corner of a called 0.211 acre tract of land described in the Deed from JHR Construction Co., Inc. to Darrell G. Reid, Sr. recorded under County Clerk's File Number 97-R0086665 of the Real Property Records of Denton County, Texas and continuing on said course passing at a distance of 79.26 feet a ½' capped iron rod found for the Southwest corner tl{ereof and the Northerly Northwest corner of a tract of land described in the Deed from E. Wayne Stephens et ux t6? Custom Designs, Inc. recorded in Volume 3231, Page 750 of the Real Property Records of Denton C6unty, Texas and continuing a total distance of 108.26 feet to a ½' capped iron rod set for the Southwest corner of the herein described tract; THENCE South 89 degrees 24 minutes 17 seconds West a distance of 100.00 feet to a ½' capped iron rod set for the Southwest corner of the herein described tract in the North line of a called 0.281 acre tract of land described in the Deed from Kimbedy Ann Petty to Benny R. Russell et ux recorded in Volume 4309, Page 1574 of the Real Property Records of Denton County, Texas; THENCE North 00 degrees i4 minutes 35 seconds East a distance of 111.45 feet a point in or near the middle of said First Street; THENCE South 89 degrees 45 minutes 18 seconds East with said First Street a distance of 100.00 feet to the PLACE OF BEGINNING and enqlosing 0.25 acres of land, more or less. J. E. Thompson II R.P~ Date 69. 'P~I~ZTTED US~S~ Prfma~y_ Residential Uses'.'- II I I One Family Dwelling Restricted, "EdUCationa'l.-ins~itUtiona~'~ SDe~ialUs~s' IIII EXH~BiT B '' I I I I I I I I _Ey Utility. Accessory_ and'Incidental U~es' ....... ---" iii 3' I Off Stree~ Parking to Main Use Recreational and Entertainment Uses I III I I , '. ~1 I I I 70. ! I Transportat£on' I Right-of-Way Retail and Service_Type Uses ~akery or Confectionery Shop (Retail) I I I I I. DraPery, NeedleWOrk or Weaving Shop Florist or Garden Shop Handicraft Shop. office~, Professional and Administrative Retail Stores and Shops - 4,000 square fe~t or less Studio for Photographer, Musician, ArtiSt or Health . AgricultUral. Type Uses ~{MI~TED ~SE8 WIT~ ~PROVED S~EOI~IO USE PERMIT: Educationalr Institutional & SDeclal Uses .U~ilitv. ACcessor_V ~nO' incldental'-~ses Transportation Related.Uses Retail and Service T_vpe Uses Antique Shop " II I I . Agricultural Type Uses Greenhouse or Plant Nursery 71. Y~RD RE~UIREM~.NTS: '. ' Front Yar~: Minimn~ 25 feet.· "-,. Side Yard t Rear Yard: No side yard is specified for non-residential use exceptwhere'a non-resid~ntlal use abuts upon district boundary li~ dividing such di~ricts ..'..- a 'residential district or' when the .sxue..yar~. :. '.:.:- adjaCent.to the street', .in Wh~6h event a~ten .(10) . foot'Side'yard'shall be provided'.'".'-~' '' ~. : No rear yea~ is specified for non-residential use- except where retail, c0mmercial or industrial uses back upon'a common district line, whether separated by an alley or hot,.dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT REGULATIONS': TWO (2) stories, except that cooling towers, chimneys, structures may extend to a maximum of 45 feet. ~E~ RE~UL~TIONS~ Floor area ratio, building coverage, No Standards .. SUPPLEMENTAL RE~UL~TioNs~ " lot size, lot dimensions: 1. Parking (Based on use. 2. signs 3. Lighting 4. Landscaping 5. Screening and'Fencing See Article 34-115.) 72. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7th, 2000 Planning & Development D~tment; Dave Hill, 349-8314 -~ \~ Agenda Item Date ~" 7-~ SUBJECT Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 47.3 acres of the Lakeview Ranch located on the south side of McKinney Street (FM 426), approximately 3,000 feet east of the intersection with Trinity Road. BACKGROUND An application for request for relief from the Residential Interim Regulations has been received. (see Attachment 1). Background information regarding the current status of this case is provided in Attachment 2. Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on February 1st, 2000. This ordinance contains standards with which residential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: Section F. Relief Procedures 1. The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. 2. 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. 3. 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; (e) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. 5. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property fight. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staffrecommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE If relief is granted for the petitioner, processing of the Zoning Application can proceed. PRIOR ACTION/REVIEW One petition was reviewed on February 15, 2000: Golden Triangle Joint Venture (Z~99-096) - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Letter from petitioner 2. Background information Respectfully submitted: Director of Planning and Development ATTACHMENT TERRA/BAIN INC. February 25, 2000 Mr. Douglas S. Powell Planning & Development Director City of Denton 221 N. Elm Denton, Texas 76201 FEB 2 8 2000 3/A['.![q M('2 ~z ~;."\/C[ £','.~ .:C? T l Re: Lakeview Ranch Relief from Ordinance No. 2000-046 Dear Mr. Powell: Attached is our application for relief from ordinance no. 2000-046. Lakeview Ranch has been in the zoning process since October 13, 1999. The zoning has been postponed in order to solve the traffic improvements associated with the development. The zoning use plan seems to be acceptable to the staff and council. We are revising our traffic study based upon the Lakeview Blvd. alignment and will meet with the staffto resolve these issues. Since only the conditions tied to the zoning are left to be resolved, we respectfully request our zoning application be granted relief from your ordinance and rescheduled after our meeting with city staff on traffic issues. Sincerely, T~. 2n, Jr.~' Terra/Bain, Inc. 700 Lakeview Blvd. * Denton, Texas 76207 * 972-410-5000 * Fax 940-383-1340 ** INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION FOR RELIEF FROM ORDINANCE NO. 2000-046 Date: p~oj~N~m~. Project Address (Location): Existing Use: Existing Comprehensive Plan Existing Zoning: ~ Proposed Use: Gross Acres: Proposed SEE RELIEF PR~~S ON City:. ~OL~(~ State: Company: Tf'?:~Z[7--/~ 're, BU. 540. %qq3 Fax:St'{. B40. ZIP: "{ 60%e~ Email: Te, ev.60, cc~rc~q.~ Company: ~idf~l(~.J ~A, L: {9. zip: ~ 601 EmaU: Company: Zd:~..~O.:3c~ 3 zip: ~ 6o:~ SIGNATURE OF PROPE. P, TY OWNER OR APPLIC_.ANT (SIGN AND PP, n',7'~q~< TYrE r,~UgL~ Subscribed and sworn before me this &/~o~ 2o0_0_ i": .i*i MY COMMISSION EXPIRES II ~.~¢,· May15,2002 For. Departmental Use Only Case No.: Case Manag~ Total Fee(s): Rec~pt No: Date Submitted: Accepted B~ Foma Up~t~ ~/2ooo APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AM. Application Requirements: ORD NO 2000-046, Section F. The applicant may petition the City Council for relief from these (Ord. No. 2000-046) interim development regulatiom by requesting such relief in writing, The City Council shall not relieve the applicant from the requirements of (Ord. No. 200-046), 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 their land. The applicant is requested t° submit sufficient information addressing the following criteria. The applicant Will also be responsible in making their case before City Council. In deriding whether to grant relief to the applicant, the City Council shall take into the consideration the following: Whether granting relief from the residential densitylimitations or other devdopment standards contained in these interim development regulation, in the absence of permanem revisions to the City's Land Devdopment Code that implement the provisions of the comprehensive plan, jeopardizes the City's best interests in preventing such effects; The suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; lq The impact of the proposed residential use on the transportation and other public facilities systems affected by the development; I-I The measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; UI The likelihood that suffident relief w~l be provided to the applicant following adoption of the City's Development Code; ~1 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; Iq Any fees reasonably paid in connection with the proposed use; lq Any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Conndl may take the following actions: (a) deny the rellef request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in Ord. No. 2000-046. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SIGNA/~,E certif~in~at these regulations have been re~d and nnde~ood by the applicant. WAIVER REQUEST STAFF REPORT ATTACHMENT 2 Sub|ect: Lakeview Ranch - PD Staff: Larry Reichhart Case Number: 7-99-046 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Residential Interim Regulations (Ordinance No. 2000-046) to continue to process a Planned Development (PD) zoning request. South of McKinney Street approximately 3,000 feet east of Trinity Road. (see Z-99-046, Lakeview Ranch - PD March 7, 2000 City Council staff report) Agricultural (A) (see Z-99-046, Lakeview Ranch - PD March 7, 2000 City Council staff report) 47.3 acres The property is not platted. The subject site is located in the Neighborhood Centers district. New neighborhoods may develop in conventional patterns in this district. Staff finds the use consistent with the intent of the Comprehensive Plan. The Planning and Zoning Commission recommends approval (6-1) with conditions. City Council has reviewed this project at its November 16, 1999 and February 1, 2000 meetings and it is currently scheduled for the March 7, 2000 meeting. POTENTIAL AFFECT OF INTERIM REGULATIONS: This project would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to continue the zoning review process by proceeding to City Council. If the relief request is not granted the application will be required to submit a zoning plan and a project plan as required by Ordinance No. 2000-046. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7, 2000 Planning Department David Hill, 349-8314 Agenda Item SUBJECT - Z-99-046 (Lakeview Ranch) Continue a public hearing and consider rezoning a 47.3 acre tract from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property is legally described as Tract 11 out of the W. Durham Survey (Abstract 330) and is located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. The proposal is to develop a single-family subdivision with a minimum 5,500 square foot lot size. 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 residential interim regulations were adopted on February 1, 2000 thereby preventing this application being processed any further. The applicant has applied for relief from the interim regulations, if approved this application may continue. The proposed concept plan for a maximum of 280 single-family lots with a minimum lot size of 5,500 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). )~ The subject site is located in the Neighborhood Centers district as identified in the Denton Comprehensive Plan. New neighborhoods may develop in conventional patterns in this district. Staff finds the use consistent with the intent of the Comprehensive Plan. ~ 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: Application Date - June 2, 1999 P&Z Date - October 20, 1999 City Council Public Hearing - November 16, 1999, January 4, 2000, February 1, 2000 Relief from the Residential Moratorium granted. - January 11, 2000 Interim Residential Regulations (Ord. No. 00-046) adopted - February 1, 2000 ESTIMATED PROJECT SCHEDULE The next step in the development process will be to submit an application for a detailed plan, which must be approved by City Council. The 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 the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Carl Williams opposed) of this zoning request with the following conditions (see Attachment 4): 1. Prior to the issuance of any building permits, adequate transportation infrastructure shail 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; 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; 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. ATTACHMENTS 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 submitted: Director of Planning and Development Prepared by: /L~-y/Reichhart Assistant Director of Planning and Development ATTACHMENT 1 I ~1~ 2 Box ~I I De.reno 1X 7~1 I / OZTO U.S.A. 55~ Dentin, 'DC Dieter Schwa~z Wo NR & RI Prope~es, P.O. Box Grccnsburg, PA i$601 Developer:. Terra Ba{n; Inc. 700 Lakeview Blv& Denton, TX 76207 U,~.A. ~.Exis~g Zone Typ. '8 8E,'q'99 Lakeview Ranch ATTACHMENT 2 PLANNING AND ZONING COMMISSION STAFF REPORT .Agend~ N0...~ _~ Y Agenda Ite~n. -/./, .~ ' Date Subject: Lakeview Ranch (PD proposal) Staff: Wayne Reedl 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 conceming 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: ,LOCATION .MAP · south :s~de of.EM. ~,26 (McKinney:-Street) approximately 3,000·feet east ofit~, intersection ~vith Trinity Road. Size: '47.3 acres Z-99-0,t6 PZ Staff Report 10-20-99.doc APplicant: Paul Spain Terra Bain, Inc. 2807 Brookshire Drivel Southlake, TX 76092 OWner: Dieter Schwartz NR & RJ Properties, L.P. P. O. Box 941 Greensburg, PA 15601 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 forsimilarland uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreat'ii)n, 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, Elopes 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. CONGEP._,T_ ~N ~,This .plan',ls. iinten~ie~l to,~e ~he;flrst ~tep,ln .th~ pro~s.fO~iila[.g, e~gr.long ~ei~ tits ~:lt.;~taSli~b~'~most;gene~al ~gu~de[~s;~i~nt~ng .~he lan~ L~se~pes~ DEVELOPMENT P~N - Th~ ~n is intended to be used most often as a se~nd step In ~e PD pro,ss, it includes the same information that is provided on ~e ~n~pt plan, plus details as to the specific land uses and their boundaries. D~A1L~ ~N '~is Plan is the final Step.in the pm~Ss and iS required :prior-to anY devel~ment. :For'smaller traCts or'where final development plans are othe~se'known prior to mzoning, ~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 sPec~c ~ 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 re. gulations are'requested by a developer,' =there~ needs'to :be-corresponding benefits .that.me~:it deViation;from .those regulations. The ]3roposed concept plan provides the minimum inl:ormation required by.the'Chapter 35'of le Code o-f Ordinances ~zoning ordinance). Z-99-0-.16 PZ Staff Report .1.0.-20-99.d0c ['he subject property is located immediately south of 685 acres of contiguous land owned by Mr. ;chwartz, which is planned to be a residential community (see Enclosure 2 - area represented by the :akeview Ranch subdivision and Z-99-072). The proposed development of the Subject 47.3 acre tract ~f land is for small lots with a minimum lot size of 5,500 square feet (see Enclosure 1 - Pamel E). The · equest for a Planned Development (PD) zoning district will require the approval of a detailed (site) ~lan before any development occurs. Lakeview Boulevard will be extended south from its current ocation through this property and ultimately to 1-35 E through the Preserve development, unless the flignment is changed (see Enclosure 4). i'he 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 b'e 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 1988 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 rezonlng to be consistent with the policies of the 1998 DP (see £nclosure 7). The draft.Land Use Plan Jdentifies Mis 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 w~th a'focus upon the centers df.the n~g'hborhoods;'The center would contain uses necessary 'th support "the surrounding neighborhood including retail .uses :such .as. convenience grocery,'barbers;or small'professional-Offices;'higher density TeSidential .uses such as--townhomes, .par~ uses fi3clud[ng ~;e,b'~l neighborhood ~greens".and ~nu[~ufional uses :such ~.~ :fire.stations, schJ3OlS, · libraries-and ~ans'~t :nodes. The ]3roposed 'land 'use 'is 'consistent-~th :the intent of "Neighborhood Center"'areas. · Z-99-046 PZ Staff Report ~.0-20-99.d0c '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 pement (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 dulacre Lots Generation Single-Family 5.5 (SF-5.5) 9.55 trips/day 5.9 du/acre 47.3 280 2,674 -~.,,,, ............ · ~,~ ~.~* ~- .~.~*. ~ ~,..- · ~.,~-' ~'-~,~-,'~ ........ : ~ ~:'~r;~.?~,-.~'~ .... ~i'~'~ ~?~' ~ 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 o-~ 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 tolei'able traffic flow of up to 27,900 trips per day; McKinney Street is currently constructed with two (2) lanes undivided without parkihg. 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 Street I','om .ex~sting .t,a~c volume ~[ [i~er west ~ Ryan 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 edgeoflown;.iAt.the existing · intersection of Trinity ROad and McKinney street; the :moSt,recent traffic Court. on'Trinity'Road · recorded 409 trips (per'day). These roads will have adequate capacity to handlethe calculated trips (see'Table 1') that:could be generated.by the proposed r. esidenfial .devblopment. .The.proposed. deVelopment.will contribute ~o improving the ~-[~obility.of. the.entire.community. ~he ~Itimate extension 0f Lakev~ew Boulevard from University Drive'(Hwy.'380)-to '1-35'E ~v~ll provide an :alternative .north-to-south'mute ~or the eastern portion-of the;O~[y'ofDenton;::relie~?n.g':traffic.on · .Loop 288.. ~he proposed devetopment.~orth.:o'f the,subject,property-(see.Z:99~.OZ2 ~taff,.report) will provide for the ~orthem ~half of this.proposed arterial; .a portion o? ! ~kev~ew Boulevard .was' constructed with the ~ublic]mprovements ~-~soc]~ted w]th'l-~keviewJ~qc, h,'Phase I. :Ultimately, this arterial will connect with !-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-99-046 PZ Staff Report 10-20-99.dec including over 4,000 feet of Lakeview Boulevard. The actue-! Construction of that portion of the road is undeteti~ined and even more uncertain is the ultimate c~r~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 pem~itted to have direct access onto a pdmary 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 -l'his development will have to extend water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards, .' Apreliminary drainage study will be required with the submission of a praliminary 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 '[o the regulations of Chapter:35 [35-301) of the · Code of Ordinances. Every sing]e-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 reqU]re's 'fifteen (15) trees ;per acre and twenty (20) percent of.all surfaces to ~'emaln .perylous (plantable.area). · .7... Open Space,and Recreational Areas , -This '.]'esidential .development-~v~ll. be.-~'~quired ...to -~)arlicipate ..-~n =-.the..,~leveloprnent .~f..:.public recreational areas. ':Through .the .:Park..Dedication 'Ordinance .'(98-~039), '.this .deve'lopment will :contribute.Io.park:Jand .~lecllcatlon .;and ~park .rlevelopmerit..fees. ;'Dedication ;requirements are -requfred during the.platting process.. Park development fees are required prior to .the issuance of building permits. Z-99-0~6 PZ Staff Report 10-20-99.doc ~,pri115, 1997 - The subject property was rezoned to an Agricultural (A) zoning district and land use ~lassification by Ordinance 97-107 which amended the zoning ordinance and map for the City of ;)enton (see Enclosure 2). September 4, 1990, The'subject property was rezoned from AgricultUral (A) zoning district to 31anned development 126 (PD 126) zoning distdct and land use classification by Ordinance 90-125 ~/hich 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. Notice of the zoning request was published in the Denton Record-Chronicle on October 3, ~ 999. Five (5) property owners were notified of the request on October 2, 1999 (see Enclosure 5). As of this wdting, there have been no responses. .. ! Staff recommends approval of Z'99~46. The pmpe~ is located along McKinney Street, a pdma~ major a~erial, and the future alignment of Lakeview Boulevard, a seconda~ major a~erial no~h o'¢ McKinney Street and a prima~ major a~erial 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 ~pes. 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. A~ 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 this zoning request a requirement that links the development of this -pmperty'co spec'rfic pUblic improvements that :will provide ~adequate Protection-against detrimental :effects,that.~ ~may otherwise.have .on .the :mobility..of this:area.of.town. City'Council 'has attached conditions .to previous planned development zoning requests involving res~dentia! developments with lot.sizes less than'the ~nimum allowed by stra!ght sln. gle~fam~ zoning districts, such as Si,.n. gle-family 7 (SF-7) and so forth. The :following list includes some.of.{he most recent.and/or common ones: v' Masonry · v' ..Street Trees ' .~' Garage Odentati~)n · " Pocket Parks - Z-99-046 PZ Staff Reporl: 10-20-99.doc rather than the concept plan. The request before the Commission is for approval ofa concept plan. 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 (T!A) approved by the Transportation .and Engineering Department; ~ ~ 2. That the amendment to the Roadway Component of the Denton Mobility plan (DMP) tha.t proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. .I 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5,' Table item., .. 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-g9-~6 PZ Staff Report I0-20-99.dcc ENCLOSURE 1 12. ;-~9-046 (Lakeview Ranch) ENCLOSURE 2 NORTH vICINITY MAP " Agenda Date: October 20, 1999 Scale: None lq_ ENCLOSURE 3 '.-99-046 (Lakeview Ranch) NORTH ~,., I.I ZONING' MAP ;lenda Date: October 20, 1999 14. Scale: 'None :-~9-072 (LAKEVIEW RANCH) ENCLOSURE 4 NORTH DENTON 'MOBILITY PLAN MAP Freeways ,,'.',, Primary Ma]or Arterials ,,' ',,,,'SecOndary :Major Arterials ....'~... / Co]lectors ~,genda Date: October 20, 1999 Scale: None ENCL6SURE 5 Z-99-046 (LAKEVIEW RANCH) NORTH 200-500 .FOOT ~NOTICE MAP %genda Date: October 20, 1999 Scale: None 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 oi' larger thoroughfare. VehiCular trip 9eneration 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 followin9 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 [nconsistent Inconslstent consistent ]Intent. These areas represent primary ., housing areas within the Qty. X Zntenslty. To be consistent with the Allowed Intensity = 60 trips/acre Plan, a development should not exceed Its Allocated [ntensity = 2,838 trips/site allocated Intensity. X cite Plan ContrOl. Strict property ./elopment control within 1,600 feet of .,Istlng 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 fadlities and diversity of parks are provided. X Public Participation. Znput Into A neighborhood meeting was held by the planning by neighborhood assod.atlons and developer with surrounding residents and coundls Is encouraged, property owners. X [and Use Diversity. Non-residential and N/A- the proposal Is for single-family multi-family development Is encouraged to land use. a Iimlted degree. : : · Nanufactured Housing, 'Thls form 0f · N/A- the Proposal Is for s!ngle-family ~ . single-family housing may bo Compatible land use, not Induding 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 commerdal ls strongly land use. discouraged In/or near Iow intensity areas. Z-99-0,t6 PZ Staff Report 10~20-99.doc 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 projecti Denton Plan Policy Analysis Summary Development Rating vs, Policy ~ .' :.' ~: NOt ~,~ CATEGORY POLICY Inconsistent ':~ ........ : ~Appl!~b]~,~.~ Consistent Transportation, Compliments Dentun's Long-Range Thoroughrare Plan, · :'. ~'~-=.=~** .~ Promotes Access Hanagement Practices ~' :'~ ~::~:'~,~- X Optimizes operations for emergency service providers and ';~;,.,~[,~,::~:~:~?;~ ® ;~:~:.~::~ ~ other public service providers .... -~ ~;~+~ X Promotes public transportation system. '.~.~'~'*r,.'~ Contributes to the Denton Walls network, " ~::.~3~ Stormwater Drainage. Pr~t~d~/00-year floodplain areas In accordance with Denton's watershed management plans. Con forms to local subdivision regulations. ' Contributes to regional detention fadllties, "''~ ~ ='"'"~' Provides for. natural riParian environment along floodplain, '~~!i Upgrades exlsting substandard drainage systems as Infill ":" ~:~;'~ a nd redevelopment occur. ~:~:~ Water and Develops and maintains property and private . Wastewater. Infrastructure- '~'~ =-~-~ Creates opportunity for oversizing water and wastewater ',:~'-~*.~ lines to meet future development demands. '~:~'~ X Provides review of proposed water and westewater . ~:..=~ ~.~?~. Infi-astructure to ensure public safety and health. Promotes Infill Improvements over new line exter~ons. X "~,:= Elecl~c, PrOvides underground electric service for new residential and nonresidential developmenb .~,=;=..,.:~ Solid Waste. Promotes eEident access to all development for solid Parks and RecreaUon~ Locates perks and recreation rarities in ~Ccerdance with · the Parks and Recreation'$b3teglc Ran. ~_,-~r~,"'=~ '~:~-; ' · , Enhances parks and recreation opportur~T~es'for re~den~.' Preserves floodlflain for Parks and open space to ald In .Resldential development-should dedicate land or.fees in ~eu o~rand for n~r~,~ooa~ ._,~J . .x ~'Fllt~ i 6iiiimi~,~ ~la]'lt'y. I:~'omotes preset~/atioR Of flatural feSOU1'CeS. Z-99-046 PZ Staff Report 10-20--99.doc 18. ~q98 Denton Plan Policies Analysis (continued) ..'. Denton Plan Policy Analysis Summary · DeveloPment Rating vs. Policy · * ' Not CATEGORY POL;[CY [nconsistent ~ppicable Cor~stent Helghborhoods. Provides access to public and community fadlildes for residential nelghborhocds. Encourages a mixture of land uses that benefit residents. :~i~ X Protects and preserves existing neighborhoods. ~.~.~:~ X Promotes blcyde and pedestrian traffic within and between neighborhoods to reduce vehlcular trips. ~~ X Housing. Provides a range of housing types that appeal to differing and price ranges. ~:~.~ X Preserves existing housing, Including affordable housing. Increases Inflll housing opportunities. Ec~nomlc C~n~but~s to a strong and dive~fied local economy by Diversification. Increasing employment and expanding the tax base. ~¢~X ~.~ Government. Encourages Intergovernmental coordination to provide cost-effective public services. ban Design. Addresses community appearance In a comprehensive :~. Diversifies architectural appearance of built environment. Neighborhood lnfill development should be compelJble with existing land uses and buildings. Protects and preserves Denton's architectural, cultural and Enhances the appearance along major entranceways. Promotes the preservation of trees and landscaping. Public Znvolvement, Provides an opportunity for public opinion during the prannlng process. Z-99-046 PZ Staff Rep~c 10-20-99.doc 19. ~-NCLOS URE 8 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 FOP` 2[7.3 'ACRES OF 'LAND LO'CATED oN THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426), APPROXIMATELY'3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD; PROVIDING FOR TKE APPROVAL OF A CONCEPT PLAN FOP. 47.3 ACRES; PROVIDING FOP, 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, ~l~%ch~of Diete. r Schwartz, has applied for a change in zoning for 47.3 acres of land frorn~an~rib~turaT'(A) zomng district claSsification and use designation to a Planned Development~x~_~~ claSsification and use designation; and WHEREAS, o~O~r 20, 1999, the Planning and Zoning Commission recommended approval of the rcqueste~-c'h~ge 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 tho concept plan attached hereto as Exhibit B and incorporated herein by reference under the comprehensive zordrlg ordinance of the City of Denton, Texas, subject to the followh,~COnditions: ' 1. Prior to the issu. ance of any building permits, adequate transportatio~t~a~c re~" shall .be cons .tm. c!ed m accOrdanCe with a Traffic ImpaCt.AnalysiS O'J~a~ byline :2. That tiie arn~ndment to.t.he Roadway Component of the D en~n~b'i'!ity Plan (DMP) ~at proposes anew comdor south of Mills Road for Lakevie,&~Boulevard ~to.the.west of the existing T6n~ty Road is resolved. .SECTION 2. '..;That fh6!Ci.ty:s'o~Eticial:zon~ng map is.amen'de, ql to.show the change in zoning ~iqrict c!s~s~ ification. . IgECTtON 3..That any ~person violating any provision r)f thi~ :orrllnance .qhall~ .ripen conviction, be 6ned a sum not exceeding $2,000.00, ~h day that a ptovlsirm of'lifts ordinan_ce is violated shall constitute a separate and distinct offense:- 1 20.. SECTION 4. That this ordinance shall become effectiVe;feurteen (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: %%~% YENNIFEK WALTERS, CITY SECRETARY YACK MII.LBI:~ MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 21. ~.XHI~IT A Z-99-046 Field Notes for 47~3 ACRE TRACT south of McKinne¥ Street (F.M; 426) All that certain 47.300 acre tract or pamel o~ land situated in the William Durham SurVey. AbstraCt Number 330, Denton*County, Texa. s, said tract being all of acalled 'TraCt II"conveyed t° · 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 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 86o55'27' East 7.0 feet fi.om 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 ~' iron rod for the occupied northwest comer 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 angi6 '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 McKinney 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 Iron Rod; THENCE South 47° 27' 12" East with said McKinney Street a distance of 3t5.62 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 ~-.-~,,, ,,~ I~n~l rnnr~ ~r.l~_e~. 22. NoTzcE ATTACHMENT 3 Z-99-046 IEARING The Planning and Zoning Commission of the City of Denton will hold a public hearing 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 iTract 11 out of the W. Durham Survey (AbstraCt 330), in the City .of Denton, Denton County, Texas. The p0rpose 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 Et 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 heating. 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 heartng.) 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 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 he.aring is held before the Planning and Zoning Commission. The Commission. is informed of the pement 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~n~fa r~ Please circle one: vor of Neutral to request Opposed to request Comments: · Printed Name: ~il,n~ Add,ss: ~, ~f ~/ .~ ' I PLANNING & DEVEt,OP,,~ENT' TelephoneNumbe~:-~ ~ ~DO - CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F)940.349.7707 Z-gg-046 200' No~ce.doc ATTACHMENT 4 MINUTES '" PLANNING AND ZONING COMMISSION. October 20, '1999 ,:, A..qenda Item -. Special Call meeting of the Planning and Zoning Commission of the City of Denton, Texas was · held On Wedne. sday, October 20, 1999, and began at 5:30 p.m. in the CitY Council Chambers at City Hall, 215 E. MCKtnney. "-' 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. 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 Reporter's tran'script attached [o this set of minutes (Page 1). ' .. Motion carries 7-0. 2. Continue a public hearing to consider making a recommendation to City Cou concerning the rezoning of approximately 48 acres of land from Agricult.ural (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 Stree. t, approximately 3,000 feet east of its intersection with Trinity · ' Road. (Z-99-0.46, Lakevlew Ranch, Wayne Reed) toM°ti°ncity Council.bY Susan Apple and seconded by Perry,.MoNeiII to recommend approval with conditions · DiScussion.of item is included in cOurt RepOrter s transcript attached to this set of minutes ~!t (Page 1). ' Motion carries 6-1. Carl Williams ol~posed. 24. I PI~OCttEDINOS 9 ~j~t ~p~ ~ ~ across ~ ~ across 10 S~tinonccasc. So~can~bo~o[~atoac 11 ~c and ~t ~ s~ff ~o~ and d~clo~'s ~o¢ 12 ct cc~ and ~ w~ s~ply ~w ~o ~ vo~. 13 ~y obj~gon? Okay. 14 ~ ~a cas~ I~ 1 is ~ congnuc a 15 pubic ~ng and consld~ m~g a ~o~ca~on 17 410 ac~ from ~c~l cl~sifi~gon ~ a of zonlnS classifica~o~ ~clu~ng s~7 on 133 19 s~10 on 85 ac~, and Singl~Family 13 on 192 ac~. 20 ~ pro~ is l~a~ in ~st ~n s~ng from 21 n~ Hi~y 380 ~ Mc~nn~ S~t n~ Tdni~ R~d. At 23 ~cMa I~ ~o. 2 is ~ con~nuc a public 24 h~ng ~ consld~ ~ng a ~o~on ~ Ci~ ~cll couching ~ ~ni~S of approx~a~ly Page 2 I acres of land from thc Agricultural classification to a 2 Planned Development zoning class~cation allowing the 3 development of 280 slnglc-famlly residences. Thc 4 property is located in east Denton south of McKinney 5 Street approxknat~l¥ 3,000 feet east of its intcrscctlon 6 with Trlnity Road. At this t~m¢, I'll open the public 7 hearing for that Agcnda item, as well. And I will ask 8 Mr. Rer, d to provide .ui with thc staff report. 9 Mit. REF. D: Thank you, Chairman Engelbrccht, 10 and good cvcoing, Commissioners. I'llshnplysldpthc Il usual paPer that wc go over. Is that all right? The '.. 12 public procccdi.ngs, thc public hcaring~ procecdlng% is 13 that all right sinc~ it's just 0ns hearing tonight? ' 14 MIL ENGELBKECHT: Yeah. 15 MIL REED: 'l'hls Was up hero -- 16 MIL ENGELBRECHT: Oh, yeah. Let's review 17 thc -- thank you. I forgot to revicw the procext.uros for 18 public hearings. The Chair will open the public hearing. 19 Following that, thc staff will read its petition, give its report, and ma,kc a recommendation. Following tho staff rep0r~ that's Dnm'r~.r thr~ Oil thc OvCrbcad~ the. 22 petitioner will be granted ten minutes to speak to the 25 petition. And following that, persons in favor of the 24 petition will each b~ granted an opportonRy to speak. 25 Following that, persons in opposition to the petition will I bolp'antcdanopporV-'o!tytOSlX~, Andffthavis 2 opposlfi~, 3 ~on~ 4 ~u~. Fo~o~g 5 ~ng. S~~yflnal~. ~sslon 7 ~o~ion. · a~ow~ ad~on~ 10 m~ of 11 conc~ ~ or ~ p~cnfin~ n~ info~on 12 ' not ~v~ by p~o~ s~. 13 ~sslon~ may at ~y ~ ask qu~6ons of anyon~ 14 and ca~ on ~ s~ff at ~y ~ and may adjo~ ~ 15 clos~ s~sion as a~o~ by hw. ~a~ you, ~. R~. 16 App~ia~ ~t. 17 18 ~u~t ~fom 19 on~ hand, on ~ sou~ sldc of Mc~nn~ on a 47-acm 20 ~ct for a'sma~ lot d~'clopmcnt of 5,500 squ~ f~ 21 ~n~. For ~t p~cp~r ~u~ s~ff sent out a 22 pubic nogce 23 ~tlng and as of ~y ~'v~ ~v~ no ~pons~ for 24 ~at p~ic~ ~u~t. For ~ l~ro~ on ~ no~ sld~ of Mc~q~ and ~ · Page ' I thc south of University Drive, staff sent out a total of ' 2 13 notices to property owners and as of thls thn¢ 3 received no dh-ect responses as far as thc forms that 4 we've mailed out. ! have given to the Commission, 5 however, a letter typed up by a property owner in thc 6 area indicating their support for the request. So 7 public notice was dv~'y noted. A courtesy notice had $ gone out provlously but I don't have thc numbers in 9 front of me. But that was sent out originally for this 10 request. 11' Both o~ th~s* properties were part of a Il Planned. Development, which in 1997 was reZ°ned back to 13 Agricultural. Back in Scptamber of 1990 this entlm 11 property was zoned including what is now Lakevicw Ranch 1~ thc one-acre subdivision that is already out there and 16 is not part of thc request tonight, was zoned Planned 17 D~velopment 126 for a m~xturc of resldcntial lot sizes. 18 So now we're ironically back here tonight to look at a 19 . request to rezone it from Ag to a mix ot'.resklential lot 20 sizes. 21 I would like to state that one Of thc 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 or °t'",,t traffic, that ra~ybc we look at that fLrst as Jerry PLANNING AND ZONING OCTOBER 20, 1991 2 5. Paze 1 - Pa~c 4 Pa~ 5 Clark is ~m to ansW~ that and I w~n~ to ~y ~n~S t~t ~ey ~ve ~rom I ad~ or We ~s ~~on. ~ ~G~: okay. Wc would ~e to ~ a ~o~ on wh~ we ~d ~ ~d to of.~ r~ ~d ~e bfi~e. . . ~e~ Cl~k ~ a t~e ~h~ule tenant. I w~t to m~e ~ we We ~o~ t~e ~ you have qu~tlons to have ~t ~lon. b~i~ly, we've ~ wer~ng ~ ~e flevelo~r. ~o~tinn is~ ~ not ~mple~ly solv~ yet but I t~nk ~'m m~ng pr~ tow~ds ~o~. We've m~ew~ ~e ~e s~dy, have done ~ysis, ~d I ~ we're wor~g out probably or have work~ out 90 ~r~t of~o~ i~. ~at's not ~mple~ly ~nF~ yet ~d ~at's why the con~tlous ~ in yo~ bac~p. ~e major issue involv~ ~e l~tion where ~e ~nd~ ~fi~ is going to ~ ~d ~at h~ not ~ ~mpletely de~n~. I ~n go into de~il on ~at if~oU w~t orju~ ~11 you ~at ~at's still up in · ' Page 6 the air. The developer wishes to move it outside ofhls development and that would move it to a route to the west of Trinity or down Trinity Road. And dght now staffis 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 fight:of-way, helps us and so we feel that these can be worl~ed out but they haven't been as of yet. The lower end is contingent on the upper end. Obviously, your zoning Case 46, ! think is the m,,~ber. And if the road is moved over to'Trinity, it ~ use the same bridge ~ what would haVe beea used with that most western route and that is a shorter bridge and will actually save on the oost. The City will probably be the one that ends up building that unless some other huge &velopment comes into this area mad changes the whole make-up of it. You're probably looking at a multi-m~ttlon dollar bridge to get across Pecan Creek there. So this move over will save and that will happen either at Trinity or ff it's moved farther west. ! thh,~ there's one other issue. One of the positive benefits if Trinity is used is it would be upgr'Med ~,~,~edlately. It's klm o[ a seal-ooat road. We would upgrade it to City standards. ! t~nk that's the I maJ~rltyoftholssues. Tnemstzelateto'specifio 2' ~nprove~a~..'t~ at ;l~ffic intcrsccgons and v~ am moving ra~icu~, tow-/r&"~o~s ~ ~ce~ta~ o.r ~a~cnt 4 towards, of the ~'velol~r towards those ~nprovcmeuts. $ Ob. viously, ~f the State comes ~n on McKinncy Stroh which 6 some of you have lxen on the bond c0nunhtcq and improves 7 that r~t, then.t~, don't have to do .~ny or those 8 improved, eats. But most o~ the other ones are on Citj. 9 stroe~s and would elthcr have to bo done by thls developer 10 or a dcvelol~'r that develops b~t'orc then. Do~ that bclp 11 you any? 12 M~. ~l,:o~LBl~cl-rr: ~ ~ qucstlons? Yes, 13 Mr. Williams. 14 ~ WlLLU,.~S: I was in la-la land when you 15 meafioncd who would pay for thc million dollar brldt~. 16 Could you rclxat that, plcase? 17 ~ ~ 'thc actual cmsslng of Pecan 18 Creek is probably golni to bo a City ex~ndltum. 19 That's the one at the south end between Case 46 and The 20 Preserve and ~al vail be a multl-nfillion dollar bridge 21 by the time it's all done but that's essential to make 22 the conncctlon. 23 MR. WILLIAMS: okay. Is that currently in 24 th~ Englnccrlng budget, Public Works bud~t? 25. ~ c~'~x: It will actually probably end up Page 8 I ih a drainage budget. The bridges have been moved to 2 drainage. 3 MR. WILLIAMS: currently, it's not a current 4 budgeted item today?. $ . MR. CLARK: It's not budgeted. $o the 15 actual connection from Case 46 to The Preserve is '7 several years off. 8o this north/south arterial is 8 probably several years off whleh means most of the ~ traffio will come down either to McKinney or they'll go 10 north up to 380 or they'll feed in on Mills and Bl~gg. 11 .Do you understand those roads*. .Are you up-to-date on 12 those roads*. ' 13 MR. ~d£t~m~clir:.},lr..Williams, does that 14 answer your question*. 15 MR. WILLIAMS: It left me a little bit mom 16 confused. 17 MR. ~osrs~c~: ;all fight. We'll go on 18 and then we cad come back. Ms. Gourdie. 1~ MS. GOC. m~m: '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 versus where it's prOPosed. 23 MR. CtAmC: I should have used this in the 24 first place. I apologize. Tl~s is -- thc current 2 -- ~ghtam Plan calls for it to either come here or on 2 6. Page 5 - Page mr_A'~, r~n A'~'n ~.o~G OCTOBER 20, 199~ 1 2 4 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 · Cea'dens,ItTM Trinity. ,Those options were put in in December of 1998 so it you look at your eld Thorovghrare Plan, I mean, the existing Mobility PI.an, as it's called, it shows it coming right here throvgh the development. ,The developer is inter~sted 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 Gity w~.'ll construct tho~e. . · · "'l:his secti.on, 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 better solution since thct¢'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 thls is the best route for the thoroughfare. Thls is the bridge that I was talking about right here. We're also ~s one of the conditions i~sking.that before this development proceeds on, that this bridge be addressed. This bridge is a critical link to make sure that traffic can come between here and here without just completely loading up these two rural roads. So they have a significant amount et' traffio coming here and they'll have a significant amount of traffio coming here. We feel thls is, as far as the thoroughfare, that this will be the best solution. . · 2 4 6 ? 10 11 12 14 15 16 17 18 20 21 22 ~4 25 Trinity 14file because it was sul~pos~lly economically mom f~as~lo. Th~ problem with tl~ third rout~ which Page 10 1 ~,m. RI~t~EL: .thos~ two roads am, what, ' 2 Mills and Blagg? 3 Mi~.~ Yes, thls is lV[ill~ and that's 4 Blagg. $ ~,Is. oo~.oI~ Igu~ss I'm Ixxpl~x~l because 6 didn't wo already adjust our Mobility Plan at a prev|ous 7 meeting in which we v~ go'rog to change it to th~ mlddlo 8 rout~'thatyou'reproposi~gwhichisTfinityMills? I 9 believe wc had a big moctlng about that, didn't 10 ~ DONALDSON: we had a briefing. Thc 11 Planning and Zealng Commission maclo a recommendation on 12 that amendment. That's n~ver been taken forward .to 13 C~.uncil pending r~olutlon of thls zoalng cas~, ' : 14 basically. 1 $ tst~ cr~auta 'that's a good point. 16 lvls. oob'gotm olay. $o pendlng n~.olution 17 of this ~,oalng case~ tbe recommendation wasn't put I g forward because ~'r~ waiting on what's hapl~'ulng 19 Oh, wow. 20 M~. Mc~r~rt~ what was tbe rocommenclafion? I ~ ootntoi~. 'that ~ switch the Mob~ty 22 Plan, which originally sho~xxl thc out~' loop which v~nt 23 along th~ lake ther~ to tb~ ot~',' dott~lllne whlch is 24 25 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 is the one to the ~ is it goes t~ough an ' '" individual'~ p~o'pe~ty and that gentleman we do not know I if he v~6~ld'~{~ fi~ht-Ot-way. ~ I~ICNEIU.: West, not east?" ' . MS. GOURDIE: I'm sorry. West, correct. And. becaus~ that's private property right now, I believe all oft~s were very concerned that this may never become publio. t-of- ay ann i, , hy the Trinity chosen as the alternative Mobility Plah objective. Okay. So I'm -- so that s nil nght 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. ER. CLARK.. I'm glad you brought that up. That's a very good point. MS. C, OUl~ll~: 'thank you. MR. CLARK: Appreciate it. ~ ENG~LBRECHT: Mr. Rishel. · MR. IUSHEI~ ~ the property adjoin or touch The Pre,rye property 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 el' the creek of Pecan Creek. MR. DONALvsOu.· ~ believe between them is · ' ' Page Corps of Engineer land· -, Idi~. lus~u so they don't physi.eally abut? MR. DONALI~ON: Corr~t. ~ ms~eu okay. Thank you. MI~WILLIAMS: Yeah. I II~x~l ~0 ~ a little bit mor~ about thls Mobility Plan that bas something to do with this propen'y because I'm trying to Fred out - because what I heard was the Mobility - the recommendation is based upon .the approval or disapproval of this zoning.. And maybe I heard that wroag. l~a~ okay. Letmcstart over on that Oa t~e Mobility l?.lan'h outiln~ our goals tot transportafio~l for the next -- l,l~ vartt~ls: ~ understand what a Mobility Plan is. le~a. ~ lknow it. I'm just trying to lead i~to it. I apologize if that was not very - I~IR. WILLL~M$: Ill Ot~l~r V~'or~ I dqn~t want to b~ here till 2:00 o'clock. ~ cl.~ata sure. If you want to change Mobility Plan, what it l~lulre~ is an amendment. What the developer had proposed with ~s amendment, wt~ ~ cam~ in W proposed that ~s would probably 1~ 11~ l~t~r solution and l~ d~v¢lol~r was not in agreement with that 'PI'.A'NNThT~. A'Nn 7.ONI'NG OCTOBER 20, 1999 27. P~e9-P~el2 at thc time and we are negoh.'atin§ with them now. But thc officlal amen t'm~t has not proceexied ~n. If we go wlth TrinRy, it was actually shown as an alternate and we'll check wlth legal and sec ff all we have to do is delet~ one of the two alternates. 'l~is was shown ~s eno alternate and this was shown as another. This was shown ? as thc primary and thls was.the alternate..We'll see if · 8 al! wc have to do is delct~ that off arid Wc re&ll, y do.n't 9 have {o have a hearing Or we may haite to have a hearing. l0 We haven't conf'trmed that yet. Onc~ this issue is t I ~Iv~ ~ wc'~ do it. But ~c ~t of ~¢ 12 Mob~ Plm ~cs it official whcm ~o rouM is 13 ~ppo~togo. Ifit'sonTdni~,~s~go 14 do~ to ju~ ~c a r~id~tlal s~t and ~me off ~c 15 map. 16 ~ ~MS: okay. ~ow, I'vc h~d ~at 17 ~s ~ioo made an ~<~t ~d it's siRMg 18 ~mowh~ ~m~la~. 19 b~ ~: ~hey made a r~datlon to 21 b~. ~n~s: Okay. It left hero and w~t z2 to Ci~ ~cll. 23 M~ C~: It h~'t gone to Ci~ Council 24 yet. It h~'t ~ put on an ~da but yo~' 25 r~dntion studs until i~'s eider not p~suM or City Coancll adopts it or adopts something different. MR. ~RrlL~$: okay. Before I can vote on this, I'm go'rog to need to read that amendment bceaus¢ I'm voting in the dark ifI don't read that. MR. CLAI~: Okay. I'll get that for you. I'll go do,aa and run a copy of it and get that for you. ~,tR. WILLIAMS: qkay. Thank you. MR. ENOELBRECHT: MS. Gourdic. l~fS. C, OlJP.~I~: Are the roads Blagg and Mills able - I drove down thorn whea I went through this property and they are very rural,.to say the least, Where are We going to s~..d the propc'rty while we -- &e.~ people -- I mcan, I guess what I'm trying to ask is build-out time versus time for the roads, are we just going to lac putting undue stress on the.se rural roads for the.sc folks that live there or what arc we really go'rog to be doing hero? MR. CLAI~: 'they ar~ very ntral and that's on; of tho thlnSs that w;'r~ nc$otlatln$. I think it's 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 re~Ived yet is that wa're not so sur~ if we're go'rog to rrm 1,000 trips a day on it that it shouldn't '8 '9 11 12 13 14 15 16 17 18 2O 21 22 23 24 I havc some improvements to it. 2 M~.'GOURDIF_~ But th{g is outsldo of the 3 property owners, of thc development's p.~operty? 4 MR. CLAR~: It's outside thc prepcrty owner 5 but if they mn 1,000trlpsaday, then we want to make 6 sure that we've looked at that carefully. ? MS. OOUP~IE: And is it in our shillW to have 8 fix the road. p to-- 9. ' " MR. CLARK: To'the amount that they generate 10 the impact, ye.s, it is. 11 MS. GOURDIE: Okay. Than~ 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. ~I, IO~.I.BI~¢HT: Other questions? 16 MR. MCNEILL: When W~ that re, solution sent 17 forward to the Council? That was just after ! got on 18 the Commission, wasn't it? Wasn't that the l~t two or Il} three months that that was here? And we had this same 20 discussion fibout shall it come right straight down or 21 shall it go w~t and that was the re~olution 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 Page. 16 assume for a moment that t~c Trinity Road, slnc¢ that ' 2 was our rocommendatinn let's assumc that's thc route 3 that's going to bo taken, what will bo thc requirement 4 of this developer with regard to that stretch from $ McKinncy to thc ncw Lakviow Boulevard? 6 MIL CLARK: That's also one of thc things that 7 still hasn't been settled, what impact that -- they $ haven't agreed on the impact and what they are willing 9 to improve yet. Do you want me to t~ll you what we're 10 rcoommending? 11 ' MR. ENoELBREcHT:' yeah. Iwant t0know 12 beoauso I'm not at all e~Omfortable .with trying to move la any of that traffic d0wfi'thos¢ little roads and ihen 14 over to'Mayhill. That's why this whole plan was put 15 together, Lakeview Boulevard and the design was to --the 1~ ptupos~ was to car~ that traffic from this area through 17 there. 18 MR. CLARX: We're r~commending two lan~ l~ 19 improved from here to here mad that this Bridge be 20 installexl~ two lan.~ of it. 21 MR. MCNEILL: Otl yottr map there -- exetlso me 22 for interrupting - on youi' map whec~ is Unlv~'sity, 380 2~ -- McY, inney, where's MeYdnney?. That's MeYdnney fight z4 thcr~. Olay. MR. I~6ELBRECl-rr: lerry, when you say 28. PI.ANNING AI~rD ZONING OCTOBER 20, lPP!~ Page 13 - Page 16 1 · .'CondonsoItTM Page.17 improved, arc you talking curb, gutter, two-lane curb ~md gutter? le~ Ct,~auc: yes, two-lane City standards. 4 ~ ~o£t.~P. Eo-rr: All right. Yes, Mx. s Rind. 6 MR. msm~u As you talked about the road ? that comes down from University south and it's currently ' 8 t~..o lanes. Is.that what you said, Jerry? · . ' · S MR. crdm~.. Yes, two lanes f/om h~ro to 10 11 MR. RISHEb And you said ifwe wanted to 12 take that to four lanes, we'd need to do that on our own 13 asaCity. Do we own the right-of-way on that? 14 MR. CLARK: Yes. There's 80 foot of 15 right-of-way. 16 MR. RtsHEL:; Thank you. 17 MR. maOSrlmECHT: Okay. Other qu~tlons? 18 Well, I think that answers my qu~tions with regard to 19 the northern link from McKinney up. Basically, what we 20 n~:l is a condition that until that road is repaired and 21 that bridge is built, nothing goes anywhere. That's the 22 way I s~ it. 23 MR. CLARK: That's generally what we're ~4. recommending through those conditions that Planning is put in the report. : · ' · Page 18 I MR. E~,tG£LBP, EC~T: Okay. Now going south, 2 now we've got tho other link of this thing. Now, right 3 there except is it now right there or is it moved over 4 immediately across Trinity Road? 5 MR. CLARK: If this is moved and they really 6 have no impact then this becomes a residential street. ? 'Ihls bcoomes a r~sldcntial street and this will really 8 bce, oMo somebody clso'~ issue. '12fis one will b¢ -- when 9 these properties dcvclop, then wc'll get this section. 10 You had a zoning case come in I think for a mobilc home 11 community, that g{Ves you some opporturlitles there. 12 ' MR. DONALDSON: yeah, that's go.ne aw. ay. la ~m. I~OELBRECI-rr: But that's the problem 14 with moving it over to Trinity Road is is that all of a 15 sudden that llnk right them now becomes a piec,¢ in 16 waltiog, ifyouwill. If we had taken the eastem 17 route, then this developer would have been requL,~d to 18 construct that link of Lakeview Boulevard? 19 MR. CLAP. K: Right. ' ' l~m. ~'o£t.nP. Ecwr: could I get that other one back up there? All of a sudden you switched maps on me now. Thank you. ~ Ct.M~Ic: Basically, we would have got it down to hero but they don't generate the need for thls bridge but we would have had it from hcr~. The thing is ! 'OT A'k'x'x'rrm'/"~ w'wrn ,,7.'¥~'r;~'T/"'_ nr,-r't'll:~T~D 911 1000 '1 thlnlc W0 re going to b¢ all right with this if we get, ' 2 since it's.'..c?..ea4'~¢ted h~e, if we g~. t th~_~ brldg¢ in 3 placo lind v~'get the two lanes dgwn to l~ Ixcau.~ a lot...[ 4 oftl~irtraffiowilluscthelrresldantiai'strect. This "' 5 sort of traffic will feed down. Some hero might come up 6 and uso this. ? .lvtR. ]~£LBP, ECh'T: Well, n.'ght. S . MP,.'CLARlC-...A. lot of their traffic, but th.en 9 it will COme in hero and come to Mayhil! ~d come to 10 288. A certain pcrceatag¢ of it is going to come up 11 her~ and usc 380. 12 ~ ENOELBREeHT: Exactly. lqut we're losing 13 that link that they would have built two lanes right 14 there? 15 MR. CLAP.<: Yeah. This link which would 16 have been on there is not going to be provlded for hem. 17 So, yeah, we ar~ losing that. 18 MR. RISHE~ But it's a lot less bridge to 19 cross. 20 Mbo CLAP. K:' Yeah, we are ~aving some money 21 with the bridge. Thls b.ridge is going to be l~tween 500 22 and $00 feet shorter. 23 MR. ENO£LBP. ECHW: Okay. Al! right. 24 MR. CLAR<: 80 that,s going to reduce our 25 costs. There are two bri.dges this way but they're Still Pag I shorter than the one that comes across'her~. 2 MR. ENG£LBRECHT: And The ~0 will 3 build up-- ,. 4 MR. CLARK: I know now, I apologia, I need 5 to mention bcforc, thc rcal advantage whicli thcy'vc 6 brought up all along on this is a thoroughfarc over in 7 thls area, over in this area, is really serving -- which S it's r~rvlng this area, it's better to have it in thc 9 middle than it is clear over on onc si&. 10 . MR. EN~ELBP. ECh'T: Yeah, and the bridge is n Shoaer. 12 MR- cLARK: That's thc major benefit we gain 13 arid I thlnk'the banefit Of that helpfully ,,~gll outweigh 14 the loss we have hero and also the gain we have from the 15 shorter bridge here. 8o there are some real positive 16 things in that. I apologlz~ for not mentioning that. 17 MR. ENG£LBREeHT: Okay. lqow~ The lg will bring it up to where? 19 MR. CLARK: The Pre. serve is going to bring 20 it up to right hero. 21 ~R. ~o£LnP.£cwr: All right. 22 ~ CLAPaC: That's P~n Creek. This is 23 Po:an Creek right hero. 24 ~ Paa~mt: south of the creek. 25 MR. CLAPaC: Yeah. That will stop on the 29. -j Page 21 Out a ~y to ge~ ~e bfi~e in ~d get ~at'H~ do~ or~ to ~ ~at ~1 ~c ~y up. M~ C~: Y~. ~ ~GE~C~: ~d what's ~e ~a~ on . ~t liR!c 11~, not ~c b~e, but ~e li~ °fred for ~oI~ . . : .. M~ ~GELB~C~: ~hat's ~ do it. ~at's not M~ C~: No, not to acqukc g~t-obway. ~ ~GE~C~: ~S~ng wc have ~c ~ C~: ~t. MR- C~: I~ ~ d~velo~r gave ~ a g~t-of-way you ~uld probably ~t ~at ~ a l~vc~. ~ is no S~ ~volv~t on ~at. ~c ~g ~at tbe Smto is ~l~ng about wor~ng is worse ~ ~ develo~r ~o~ a b~e pr~ to ~ ~ ~ ~s in to help. ~cy'r~ aw~ of ~ ~ng~tinn here ~d ~s would actually help somo along -- when 28~ is 'Pag~ 22 M~ ~GE~C~: ~C ~y going to ~slst us ~ ~at l~er bd~e at ~s point? MR. C~: W~ haw no off, rs yet. MR. ~GELB~C~: okay. You don't haw any? Okay. All ~t. M~ C~: T~s is ~ exis~g bd~ so · ~ pr~ ~oy haw would put som~ mon~y ~to it. M~ ~GE~: okay. Any o~er q~tions? ~ you. ~d you'~ going to get ~ ~ ~s: kha~ you. M~ ~GE~: ~. R~. MR. ~ED: I'~ ~ Off by ~ting my~ ~lier. I ~d fo~ct ~at wo haw ~ r~on~ from pro~ o~ca. Two of ~ in favor. ~y &d not ~ ~ng but ~y ~ ~ favor. We ~d ~iw eno ~ opposition ~d it is from a pro~ o~er wMch is adj~t ~ ~ 072 ~t. And ff we get ~e d~t ~e~ bac~ ~ pro~ o~r o~s pro~ up h~. Au~ b~i~y, let me pro~ 1~ up h~ is ~ ~6. I~ ~er ~at ~s pro~ ~ do~-~ ff I ~d I saythat, from PDqi6 down to Ag back ln1997. A 2 portion of..fi!.e l'I~ remained and that was the northern 3 portion arid th~t'was for nou-resklential uses. And alse 4 another portion was kept. But tlm portloh'to the north $ ~)f this propa'ty is for non-residential uses. I think 6 there may be some Multi-Family, as well. · 7 MR- DONALDSON: 'Ihere*$ C~enCral Retail, g' Multi-Family,, and Light Ind .ustrial.' 9 MR- REED: And it's important that I point 10 that out because the concern of the property owner up 11 there says that they have concern with the request for 12 one-family dwelling, SF-7, belng adjacent to their 13 property, which has a Planned Development zoning 14 designation. And often the Commission is sensitive when 15 there's diffe, rcnt residential zoning. In this case, 16 it's Multi-Family, General Retail, Commercial abutting 17 what would be sF-7 for thls request. And I'm going to IS pass this around. 19 And I thank ~Ierry Clark for going over 20 transportatint~.so eloquently. That is, of course, one 21 of the major issues of this zoning request. The other is 22 its compatibility with surrounding zoning and its 23 consistency With our Comprehensive Plan. Concemlng 24 those issues, I'll address that we Fred at staff level 25. tha.t, therg, quast is cgnslstent.' And ii'You io0k at the Page 24 I request for the i~roperty on the south si'de.of McKinney 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-7, S~-10, and $P-13, we Fred that in total thls request 5 offers a mix of lot sizes and, therefore, provides 6 something that is oonslstcnt with our Comprehensive Plan, 7 as well as the 1998 Growth Management Plan and land use $ draft Land Usc Plan. 9 As far as its compatibility, well, there's 10 not much out there right now except for some slngl¢- 11 family residences on larger, acreage and a lot of ~-r~. 12 'And, of c~urse, w.c don~[ COntrol .thc property adjacent Ii to the request which is atready in the m:~. so we do . 14 find thls 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 thls case is also 17 the developer of the Lakevicw Ranch property which is 18 the one-acre subdivision with 155 lots that's already 19 outthere. So l think he can best address how is thls 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 the 24 petitioner or petitioner's representative present? If you 25 wnuld ~ive us your name and business address for the 3 o. page 21 - Page 24 ?LANNING AND ZONING OCTOBER 20, 1999 , Con'dcnscltTM 5 6 7 9 10 11 MI~ SLAIN:. My name is Paul Sp~n~ Business ~Idress is 700 Lakcvlcw Boulevard. We're the only ones out there, basically. If I could start out by tcl,ng you about our f~t phasa. The entire project is 735 seres. The fu-st phas~ whlch we am developing out at Lakcvi~w Ranch hcrc that you .s~ is 157.lots on 273 acres. A huge fu~t phase, all lots o.ne to five acres in size. In thit p~.oject we have startexl 9n .the amenity center and we've started on thc cntryway off of 380, we've pavexl 1,000 to 1,200 feet of cntryway off of 380 to get the address on 380 and get the look. The amenity center, sales center is under construction now. As you sec, it has very much of a ranch feel. That's under construction about 2,000 square feet. That will hous~ a pool in the back for tho community, community rooms, kitchen, rcstrooms, and also a sales office while thcrc is sales going on out there. 'We also have plans for the first phase, hors~ trails. 'We've met with Ed s~vcrd tknes and aince we back up to the Corps, we'd like to turn the dirt blke trails into hors~ trails and have a little better. 'We do have some of the lots d~:l 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 lan~ and rlde and tie into Lak~' Ray Roberts. It would b~ really beautiful. If I could walk through the project sort of phase by phase because it's awfully large. I'm not sure, who was the letter in opposition from? M~ L~O~LB~CHT: Mr. Bulhrd. ~ SPAre: He's our neighbor to the north. Mr. Bullard actually grew up right in here. · ' MS. c, OUimm: .~..' Spain, thank you. That's much better. ~ Sl'~: ?art of the ori~nal B~ss track was north of our tract and it ~ a higher zoulng of Re~l, Mu.M-Family ~d Industrial, This land for the' most part is fiat. other than it hag some mesqtilt~ trees. 14 MI'. Bullard dso owns over her~ to the west. He worked 15 Cool,natively with us to glvc us thc right-of-way. We 16 built the road and put in a watcr llne and he dlowed us 17 to do the landscaping, put up a fence to really improve 18 thcarca. Hc'sbccacoopcratlvc. Thcpropcrtyadjo~-~-g that would !~ parcel A is about 82 acres and is baslcally treeless. There are a few trees down hcrc in this comer and some over hem dong the or,la For the most part it's pretty flat and wide op~. Again, it vas our.. 23 intention that Bla~ Road would b~ diminatcd once 24 Appaloosa is put in. This place wc call the enclave 25 ix~ausa it's sort or a pfivat~ little area. It has corps 1 2 3 4 5 7 9 lO Il 12 13 14 15 17 18 19 20 22 24 25 of engineer prolx~ty over h¢~. Again, it does have tl~' l ~r ~g ~ ~ no~ of it. And ~ ~c ~u~ of i~ l it h~ ~ro~y ~t ~ ~ p~ of ~ od~n~ B~ ] ~d ~ pa~o ho~ ~d five ~d ci~/unk ~r ~ . ~i~ti~ ~n~ ~. ~t's ~c ~n for ~ 7,000 ~ f~t ~ ~ ~ ~n~ si~. B~ of o~ nci~a,.~ ~cy develop, wc'm l~Mng '"~d~ m~ti-f~l~°P eno sldc and int~si~ qf five ~ ci~t on ~c o~ side. However, ~nly ~sf~ ~ w~t wc'm proposing ~d &vclop~g now, we ~ ~nt~uo doing ~. Again, ~s is a ~n~. Wi~ ~ ~n~g ~ound us, we f~l 1~ ~at's a g~ l~d ~. T~ct B is ~ ~ct p~c~ng A. SpoR~ up in ~s ~. It g~ ~oug ~o cr~k, od$1nally plann~ for one ~k to go do~ ~c ~c ~d b~i~lly m~t ~s, wMch it may, in fact, do. ~Vc'vo on ~at ~mo 84 ~s sF-IO. ~o~cr p~ of ~at ~ct is a 15 acm p~l do~ hem wMch g~s along ~c ~k ~d is a~ully a~ctivc. T~c~ No. C is probably tho pmai~ it's j~t under 200 a~. It's pm~ h~vily w~M, ~s is over on ~s sldc. ~c cr~k mnnlng along no~ side. It have v~ous o~crs on ~ w~t, mobile home p~, ~ctors, old ~c~, and th~ ~ o~ic f~ h~m ~ it ~gs oycr to ~ ~t..Bu~ from " Parc ' ! part up, it adjoins thc corps and is a solid, lot ~f woods ' 2 and it's just gorgeous. Therc's quite a bit of 3 topography. Again, that was one of our original reasons 4 for wanting the zoning moved over. In thi.s area, we have 5 come up with a plan for it. We have planned two lots per 6 acm on this property bccansc of the topography. 'We fecl 7 like the lots havc to bc larger to savc thc trees wherc 8 the lots arc platted. 'we roll out of that into parcel D 9 which is pretty fiat and has a water tank. Wc have a plan 10 thcrc to give to the school system, a school site for an 11 . dcmentary school, 12 and a half acre, s. ThcY'V~ rsqucst~d 12 ! . that it havc a park next to it so/we are also going to' 13 'glve a park two .and a half r[ext to !~, so th~ school sltc 14 will b~ 15 acres. 15 To the north of that -- although parcel D we 16 arc rsqucsting %000 square foot lots between the school, 17 the park and then what Ed would like to do wlth the rest 18 of thi~ right hem is have a community-wide park and that 19 may be in fact a part of the bond eleetlon which wc really 2O supported. 21 If you cross McKinney you run into the other 22 piece down here which we havcn't explorcd as much. It's 23 prctty ovcrgrown, but we did loam from Weldon it used 24 bca motorcycle track and they put the tires at the edge -I ,,r,~, 'urns. We thought somebody mas dumping tires ou PLANNING AND ZONING OCTOBER 20, 1999 31. Pa~e 25 - P~e 28 Pagc' 29' hero bY tho thousands. It turn~xl out timt th~ w~m using thos~ for tl~ir motorcycl~ tract. But v~ havoo't explored thls, altho~g~ you con soo it's a littlo wooded. Tho topography is fairly fiat. It would bo a nlco littlc co~amualty with tho corps on tho back south sldc. So wo plan h~ro that would allow an arco whcro you would havc lX~°pl= that didn't .want a. ~ lot, would allow somc~.',ng controlkd, mor~ o1~ space ih 'tl~ community. In tho ovcrall.73$ acr~, overall dooslty of 2.3 traits per acrr~ no commercial, no attachod homing, all slnglc family attacbod zoning. As wo did this plan, as ~: camo up with it, tho one thing ~ did is wc had public bcagngs in th~ communlty to sec what tho community felt a'oout it all. Our first onc was t~ norfl~m scction. Thc sccond one was for ~ ccntcr section of ~ propc~ty. And tl~ third was for tl~ souti~'n scctlon. Mark attood~l all meetings. Wc had anywbx~ from 20, 25 people at tl~ vagous mcctings to bear what thclr tho~ts and conceras wcrc. And I don't bollcvo wc had an)' opposition to any of thom. Wc met with t~ nclghborbood and I think v~ havc ~ suppo~ Wc ~ missing some of tl~ owners in that nclghborbcod. Ms. McH~ bas como again. She's one of our nclghb0rs over hcrc on this plccc. 'fha other Mr. cnd'M~s. Yaton ar~ one ofthc throe Page 30 I houses here that arc in thc rniddi¢ of th8 project. And 2 Mrs. Wilkcrson and her husband live up hcr6 in thc comer. 3 'We've tricd to work with thc neighborhood on all thc 4 different issues that come up as ,,vt develop in thc area 5 and hop8 that we have thck support. We'd certainly BO 6 cica for any other questions. 7 MR. L~GE~P, IECh'J: Comm~ssloncrs. Ms. s Goa:di¢. 9 MS. GOURDIE: Mr. Spain, I guess I'm a little 10 perplexed, could you just clarify, again, for mc one raom ! 1 time, the n°rthcm half of thc property, fight above thc 12 'ph .a~ 1% yo.u sald th.at tMy.would bp. sr'~'s whlchwould b¢ 13 abutting the pi) to ~h¢ nbrth of tM property which would 14 bo followed by a tract right underneath it, correct. I 15 bolicvc that Is thc -- what was thc zoolng on that? 16 MR. SPAIn: Five to eight ~its per aero patio 17 homes. 18 MR. DONALDSON: That's a rcmnsnt of PD 126. 19 MR. RIgHEL: Somenn¢ dso owns that? 20 MR. ENGELBP. Ecn'r: Right. 21 MS. GOURDIE: I guess is that part of what 22 we're discussing tonight? What exactly ar~ w¢ discussing za tonight? 24 1~ S?A1N: Wc ar~ discussing parcel A which 25 is to our north and east. Parcel B, $$ on our west. ~ ~,'~m'~r~ ~m-~ ~_~-~mo. OCTOBER 20. 1999 I Parcel C wMch is just trader 206 acr¢~ in the sort of 2 ccatcrof~propcrty. ParcdDis$1acre,swillhav¢ 3 thc school ~it~north sldo of McKinnc.y. And then parcel 4 E wMch is our po. 5 MS. C, OUROIE: Thank you. 6 MIL ENGELBRECHT: Mr. Motg-{lO. ?. MR. MO~"~O: V~, sir, Mr. SPain. I-Iavc you · g scen this letter or fax from Mr. B611ard?. '.Mike, is it. 9 approprlato to share tbls Ic~r with Mr. Spain? 10 Mr. Spain, I'm not sur~ what he's mklng for hem. I'm 11 having difficulty understanding bis suggestion: I would 12 llk¢ for you to kind of interpret that for us if you can 13 or if you have abottcr understanding than I have. I'll 14 give you a moment and bo quiet. 15 MIL SPAIN: I think he's asking for a 700 fcet 1{5 buffer of OhO acre lots isn't that fight 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 tho other way 20 around. 21 MR. E-'NOELBRECHT: DO you hav¢ any other 22 questions? 23 MP.. MOP. ENO: No, I just wanted to soo if you 24 wcrc reading it the same way I was.. 25 MR. SP .A~: He is concerned that as people Page 3,2 I mov¢ into our slnglc family, they won't find bls 2 industrial or multi-family as compatlblc as nclghbors. 3 MR. MOP, ENO: BUt going to thc larger lots, 4 would make it worse, I would think. 5 MR. s?An~: That would bo my ~rspe~tiv¢. 6 MR. MO ENO: Okay. Thanks. 7 MR. ENGELBP, ECHT: Mr. McNeill. 8 MR. MCIqEILL: In respons~ to Commissioner 9 Gourdi¢'s question. What we're considering tonight shows 10 -- th¢ first ltem on thc Agendn is Cas¢ 46. That'sjusta 11 small pi¢co down at thc bottom. : - ' i2' MR. SPAIN: ~xcusc mc. That is right, They 13 do ha. vt 4~ ~kst.. 14 MR. ~CNEILL: That's thc only thing we am 15 consldcrlng right now. 16 I~,. ~I, AIN: It is contuslng. I apologi~ for 17 that. Bccaus8 of thc dlffcr~t Pn versus straight ~onlng 18 we hnd to scparat8 that. 19 MP~ blC~'~ILL~ ~t mc follow-up o~ that then. 20 In your drawing thctc, let mc se~ -- show mc whet8 46 is. 21 That'a tbls plec8 right there. 22 ~ ~PAIN: It's jUSt north of thc crcek. 23 MR. MCNEILL: Right. And tho blue is tho lake 24 out here to the right? 25 ' MR. SPAIN: Yes. Okay. 32. Pago 29 - Pago 32 Co6donseItTM Page I ~ Mch'v.n~ okay. But it will ~ compatible 2 v/iththo~tofyourdovclopmeat. Thcro'$ not anything · special al~out 46, is there? 4 I~ s~: n's just on t~c other sldc of' 5 Trinity. 6 1~ ~o~n~-rr: Mr. Ris~cl. 7 ~. msa~- would ye.u,, while you'd: ~lldng 8 abou[ that l~a~ccl and D ab. eve that, Show mc tl .~ acces~ to 9 t~ -'or potential ac~.c~s to .t~ Corps bro .pg~. 10 l,,n~ SPAIN: What ,~ talked about with Ed 11 again, wc have thc road - our intedor theme road, for a 12 lack of a better word, meanders up in hero and then 13 follows thc road. But right in thro;,g~ Im'c it comes 14 right through lin'c, so school would bc on this stdc and 15 then Ed bceausc - again, thc topography ls great on it. 16 This would bca great location for soccer fields, rcglonal 17 things. Hc was also thinking with our cncoarag~acnt that 18 it would then $1vc them access into thc corps, into tl~ 19 lake, which we've bcea over in Orapcvinc and Souttdakc and 20 they've made ~,¢~-,cndous usc of corps property for a dollar 21 a y~ar. They have great bike tr~lls and all sorts of 22 othcrusc~. Wcjust thought that would bc a great 23 addition for th~ City of Denton to g~t to thc lake. So wc 24 supported that and encouraged it, that wc would N thought that would bc ~ally good for tlc community. · ' .. ' ' Page 34 MR. ENGELBRECHT: Mr. Williams. 1 2 MR. WILLIAMS: Just to ke~p me happy, wh~ you 3 au example, ,say football fields and not soccer fields. 4 But, ~riously, the question that I was wanting to ask you 5 is, basically, your philosopt/y in regards to am~nitles and 6 in your S~-s.S area. You made a very g~neral statem~t. 7 I would just like to know your philosophy about the S amenities with thosc,,S/naller lots. 9 MIL SI'Art's: ~coplc with smaller lots may not 10 want to maintain a large lot, but they still want open 11 spac~ in thc'ir community. They t~nd to want it in areas 12.: in whl.'ch they can go to and visit and enjoy~ whereas not 13 having to mow on thek own bads. So we have put that 14 down then: which allows us to develop a smaller lot and I$ put in open spaces throughout the community where the 16 resldentscanttse. And with Pccan Crcck on the south, 17 that's a great publlc area. They would be able to go up 18 Pecan Creek and fie into the lake. It has great potential 19 for recr~at~onM ~n, alldn$, j o~-ng. 'tT~e tlaoug~t tlxls wa~ a great area for that. Plus it allows us a wide varlcty of products and lot sizes. We'll be offering anyw.hcre from 5j00 to fiw-aer~ lots which ~ives us a real marketing advantage. But our philosophy on th~ d~wlopmcat is wc have to, in or&r to !~ succ~sful, offer the home buyer 1 3 4 7 10 11 13 14 15 17 18 ~0 21 23 24 atruly tmlque .area. we'r~ ~p ~e~ sort olin ahldden area, part of town..To get people her% we're going to have i6 ~a'~c'som.ct~g special. And we've got to save thc tre~, 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 wc'm in thc process of trying to do. SIR.VaLeS: a-hank yoU. MIL m, tO£LSl~crrr: Mr. McNcill. MR. SICNEILL: I forgot to meation that I wanted to thank you for the l~rmlssinn' to go to bed before 4:00 last week. I thank you for volunteering to movc to this cvonlng. MR. SPAIn: My pleasure. RIP,. ENOBLBRECHT: Other questions? I've got several. Thc issue of thc aex. ess to thc Corps land, I'd like to better understand what you aud thc Parks Department ~o talking about, a number of acres of your property or sLmply just a small access area to get into the Corps. SIR. SPAIN: What Ed has shown an interest in is including, which I think is part of the bond election for thc parks, was to acquire some 20 to 30 acres her~, basically thc reraalnder of thc east side of thc road up to thc trees, up to the water, the w?tcr ta .ak, which wguld Page 1. this area. 2 MR. ENGELBRECHT: Okay· Anal that would l~ all 3 the way down and abut that little park that's shown on the 4 map now? 5 MR. sPAIN: COITCCt. 6 MR. ENGELBRECHT: Okay. ? MR. sPma: so you would e, ssentially have, 8 if you were driving into the project from the south, you 9 would have an elementary school on tho right and thea a I0 30 to something acre park that could expand into tho 11 Corps right behind it. i2 MR. ENoELBREcIrr: Ali righL And they,ve 13 ./~alkext to you about purchasing thai ahd prlces.and all 14 that sort of thing and you're aware o1' all that? 15 MIL SPAIN: Yes. 16 SIP,. ENOEtSRECaT: 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 thatts my blg concern, the roacl. '~,t/eSve got to get the 20 folks acro~ hero and what aw wc going to do about 21 Trlnlty Road and the bridge? lqot the bridge to thc 22 soutI% I mean, that's ours. But the bridge to the north. 23 I w~at out ther~ and drove through it and I know whcr~ 24 you'r~ talking about across the creek them. 25 SIlL s~Ars': The only problem with thc bridge quaint dollars. Teat is t~ only pmh~,'m: That burd~ on us do'mB low density is'extreme. Our cost in Phase 2, obr cost per lot is up 50 lx:rccat because of that briclgo. So v~just - v~ understand the bridge I~ ~._n~_~; A milllon and a quarter is a lot of dollars. That's why wc have got~ wlth tho Highway. Departmmt, ~*vc gotten with tho County, and w? am trying to push. an alta-a.a~¥c · funding for that that we c~n do. ~,fl~. l~to£~a~c~rr: okay. 8% basically, ,~ just - that's all talking now. We don't - you'r~ negotiating with th~n or discussing with them hut don't have any f'u-m plan. Nobody has a f'trm plan at thls point. MR. ENGELBRECHT: That goes to th~ bridge. What about Trinity Road? MR. aPArt¢: wcjust met with lorry about a week or so ago and be told us about t~ need to improve Trinity. Our traffi~ eaglnc~xs tall us that Trinity in its pros¢at state, that our road, our theme road through our project and Trinity ~ handl~ all tho traffic in t~ area. The reason being is because if you look, this is a l~nlnsula dews hero. It doesn't go anywhcr~ and woa't' until tl~ cooercte bridge is in. Nobody comes hcr~ unless " Page 38 they're going to this area. People going out go west and they go north. Anybody in our project will take our spine street and go north or they will take MeKinney or Mills .and go west. Our people won't be uslng Trlnity because it's parallel and it doesn't get them anywhere. Wc can t~ll you the quickest ways in and out is west and north. So w.~ hear that request and we are analyz/ng now whether we*re better off putting ll~e road back onto our project, which wo don't want to do. But to put in two lanes down Trinity means wc completely remove all of Trinity in its current loeatlon. Wo*d have to acqulro thc right-or-way .to widen it aq.d I.'m.not'~aro that v~'re up to thc task of making all the neighbors angry at'us'becau~ it'eer/ain~y would. And that's a big cost for a road that our residents will not use. Our traffic shows that our road, which wc wilt be improving on our property, and have even offered to do sq in a larger state than needed, plus Trinity will be adequate to carry the traffic. · ~lut, again, that's, you Imow, that's our discussions ongoing with traffic. But those are our thoughts on it. That it's an awful expensive thlng to put on us to do. And, again, all these costs make developing low density extremely hard because there's just not a lot of bt~ to av~'ago it over. Wc ar~ at half ~c traffio projected for Iow density dcvelopment and that's half the I houses, whlch means that's half the lots bearing all thc 2 costs for_thee a-ea. So it's -- what we're trying to do is ~-' 3 get with th6 Highway Department, como up with other ways 4 of funding it that am moro attrlbutable'~ the general 5 a~a ~ther thnn just our projecL 6 ~ ~G~u~c~r: okay. T~er~ appears to be 7 no other que.~ons~ Thank you VerY much. Is there 8 . ~nyonc pre.~n.t ~ho would lik~.'to speak in favor of 9 petition? Anyone present to sp~k in favor of 10 petit[on? In that case, is there anyone present -- oh. 11 Como on down. If you would give us your ~/ame and 12 address for the record. 13 MS. MCNATr: I'm Ms. McNaR and my propewy is 14 adjoining the development. And I would like -- what I 15 would l/kc s~nce we're talking about Trinity Road, ~, 16 they have abandoned the road south of our property, 17 TrinRy. And then they're trying to abandon Blagg Road 15 that goes right in front of our house. We would like for 19 Bla~ Road to stay ol~'n because of thc traffic from 380 20 comes down' on Blagg Road and go~ onto Lakevlew. And 21 that*s what wc would like to do is have Blo~g Road stay 22 ol~n~ not abandoned, because we clther have to go up to 23 Unlvcrslty to get out, or go down to Trinity, east of our 24 house to go north. And thags thc way we'd have to do it. 25 T~ey've opened it up right now so we can get thro. ugh. But LA'lqlql'Ml'~ A'IqTI '~_(l'NTl'l~t", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 1000 COnstruction is going on at University in' 'Denton. MIL ENOELBRECHT: So yOU can go west on BI ~agg Road? MS. McN^'rr: Yes. Take B1 oagg and g~t on Lakeview. And that is the only thlng, only objection that I have is to keep Blagg Road open. I mcan, that's what we would like. But all the other, we are in favor of all that. That's all right with us. MIL ~NOELBREeHT: All right. Have you talked to the developer about B1agg Rood? · Ms. MCNATr: Talked with who? I, IIL I~O~P, aCHT: ~hc develOPer, Mr. Spain, have you talked to him? . MS. MCNATr: Yea, and they've ~o[ it open now for us. But it's -- I don't know how long it's going to be open. We want it, we'd like for it to be permanent, but jmt whatever, it would be so much better best for the traffic that all goes through there. MIL I~tOnt. BRECHT: Mr. Clark, thc Cit-$r engineer is here and we'll ask hlm tO address that issu~ about how they have that planned because he'll be looking over that. Jerry, do you want to come down and talk about that for thls good lady? Ma. O2dm: B~icaliy what -- there's four ! have ~ platted across Blagg Road and right 34. Page,40 ! 2 4 $ 6 7 9 10 11 12 14 16 17 15 19 20 21 22 23 24 1 2 3 4 6 7 $ 9 10 11 12 14 16 17 20 22 23 24 25 . .'CoffdonscltTM ....... 'aiio .41 now I tMnk there's an arnending plat. Is that correct? Am you going to do that amending plat? MR. SPAIN: Yes. MR. ~: .tbey'rc going to do thc amc~t~;nS plat that dissolves those four lots so that Blagg Road can stay in shape for awhile. But if they put thc four lets back through anothcr amending plat or whatcVcr it ta~.es, cgc6tuaily Blagg R~d would go. away. So if you.'. -- an amending plat,.basloally, it d6cs away v01th some lots. 3A/hat that allows Blagg to do is stay open while other roads open up in the area. When other roads, other transportation avenues open up in the area, then Blagg can ix: shut down or when you review those and if you don't want it shut down, then you make your recommendation at that time. But you'll get two morc looks at it. No, you won't get thc 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 Blagg Road to stay open, you better talk about it now. But we don't see -- MR. ENGELBRECHT: Would you put that map back up there so you could -- . . .. · "' .:' Page.42 MR. IUSH~.U ~he mobility map. MR. ENGELBRECHT: ShOW tis where thc MoNatt's are at on Blagg Road. Obvlousiy, they have to have a way to get in and out so something will be done, but what's tho plan? M~ CLA~X'. Thes~ are the lots, the four lots that go across this road. Two? Okay. There are two lots that go across thc road. .and, basically, those will have to be done away with to kecp Blagg Road open. If you look at thc Mobility Plan, Blagg's up here, that little section fight there: It's right them. And you've got other roads in the ama. I think this connects in eventually. · DOeSn't it connect them in down here? .. M~. DO~tALDSO~: 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 klnd of just limited to this road here. Can't they go -- th~ will bc o~ocnccl hcrc~ won't i% ~o they could como in and go through the subdivision to get out to her~? Would that be there, Mark? Mm nONALDSON: when Parccl A is dcvel0pcd, them will be a connecting road from Lakevicw to Trinity. V~nen that is in place then Blagg could be abandoned. ~ lUSlmU And where docs Ms. Molqatt live? 1 2 there. 4 $ 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 11 i2 13 14 15 16 17 2O 21 22 23 24 25 Mm I~.NALDSON: She s that parcel right :" / MR. BUCEK: Let mc ro['resh yotir Ixltrnlor), on ' / how this works. Any public road can only go away thro% the abandonment process and thc abandonments would go to council.' And then based on thc abandonrrumt, then they w°ul. d. do their akne~ding plat, once thc Council abandons that road. So ~ere is a time for public in'ut at that point. MR. DONALDSON: 'that has been abandoned alr~dy. MR. BUCEK: Oh, thc part you'rc talking about? MR. DONALDSON: In order to plat it all. We've been talking about doing an amending plat and put an easa~ent on there just to allow relativcly informal access across those lots. So'once the alternative road is in place, then there will be another amending plat to i~-ovo thc.~ent. MR. BUCnX: 8o right now it is just a privat~ right that MoNatt has. Thc publio right to usc Blagg has already been taken away. MR. ENGELBRECHT: MS. McNatt, do you · understand what they've just said to yoU? I don't. MR. DON~.LDsoN: MS. McNatt's daw;hter dOesj MR. BNGELBRECHT: Okay. MR. SPAIN: When wc had the public hearing for the abandonment of Blagg Road, Ms. McNatt and some of the other homeowners came in and said; I need a way to get out. It was my understanding from that meeting that I couldn't abandon Blagg until I built my other road going to Trinity whioh gaw them a way out. There was some confusion with our plans and what we have to do now. So we romoved the road. They, again, voiced their concern of no access and we rcplaced thc rgad. We arc rcplatting two lots to gh/c an casement, continuc to. havc Blagg Roa~l go to'Lakcview until the n~w'road is continued into Trinity, which would then glvc thc residents in thls area direct access to Trinity west and south. So I believe it's been addressed. ~ EN~£LBIU~¢HT: SO when you'r~ finished, they will still come onto what used to be Blagg Road? ~ at'AU, t; when it'~ finished there will 10c road, Appaloosa Way which will cut through here and tic onto Trinity. It will be mom of a scmi-collcctor, I guess, because anybody in this area could use it to go to Trinity to Lakeview Boulevard directly. MR. DONALDSON: Without going on 380. MR. ENO~..LBRECHT: Yeah. My point being ! right ,~ow they cv[ .6catl~ have a'ddwway ~ Bla~ Ro~l. I ! by d~.d,.h~ bo~t ~c ~jodV of ~ ~m~. ~ ~, ~ck pav~t ~, ~d ~cy'H ~me out on ~b~ ~ ~ey'w ~one out ~n ~c field ~d l~'~. ~c ~ ~odo~toT~i~,~d~uptoApp~dou~ ~ dov~muchM~atclcvatlonlincwMchisb~i~y~e 6 Okay. 6 100-~fl~pla~or~erfor~l~6. Sowe~ 7 . ~s~::Y~..I~c'~vc~mueh. 7 ~c~by~atfrom~c~da!l~c~yUp~r 8 ~n~ ~ a}out gcRing ~ ~ut ~ Wc ~t ~ ~ 8 · C~k ~d ~ 9~.~u~ ~d xvMch ~ o~ m~n fl~ 9 ~e. " " ' ' 9 ~. So o~ ~gln~rs ~11 h~c all o~o~ on-s~ 10 Mm ~OS~C~: ~o ~t now ~cy'rc j~t 10 ~in~c qui~ ad~ua~ly. And, ~n, ~at w~ one o~ 11 ~nginfrom~ew~t. ~erc's~tyou'~doing 11 ~c~nswcl~M~e~rp~clow 12 over on ~c w~t side so ~ey ~ get ~ ~mehow. 1~ d~siti~ ~u~ wc plan to k~p all ~c c~ c~. I 13 Mm s~: Fhc ~t is on ~ ~o 13 ~ wc have to come ~forc y'all for approval of ~at 14 lots. Wc ~ c~tly pla~Mg to ~ to ~II ~o~ 14 but o~ plan is to k~ -- ~ere's ~ or fo~ ~in~e 15 Io~. ~o~lo~h~e. 15 ~YS~O~c~atwcplantobaeklo~onto, havc 16 ~ ~c~: ~. W~Ii~, did you have 16 p~ks onto, maM~n ~. But wc'rc not pl~ning ~y 17 ~y -- 17 major ~l~atlon in ~c proj~t. 18 Mm ~L~S: ~O, hc ~e~ my qu~tion. 18 Mm ~GE~CHT: ~. ~shel. 19 M~ ~GB~C~: ~ ~t. Is ~e~ 19 M~ ~SHED In o~er words, you'rc not 20 ~yon~ cl~ p~t to ~ in favor of ~c ~tltion? ~0 fi~ng into ~ng ~at w~ c~tly ~c 100-y~ 21 In ~at ~, is ~em ~yonc prat to ~ ~ ~1 fl~plaln? ~2 opposition to ~c ~titlon? Y~, ma'~. Would you ~vc 22 M~ SP~: Co~t. 23 ~ yo~ n~n~ and ad~s for ~c r~ord, pl~. 23 MR. ~SHEL: Tha~ you. 24 MS. GIBBS: I'm ~y Gibbs and I live 24 MR. ~GBLB~CHT: That ~ing ~ end of ~c 25' Pr~tly On Sou~ Fo~ Wo~.~vc. I Work for ~c 25 ~but~l, ~e public h~ng is.~io~. ~. R~, do you P~e 46 - · Page 98 I Univ~siW of No~ Texas in ~e Sch~l of ~i~tions I have any final s~ff 2 on Env~o~ ~u~tion ~d Proj~. My ~n~ is ~ 2 M~ ~ED: ~s anyone el~ have any 3 ~s is going to bac~p to ~e Tdni~ ~ver ~d ~e 3 ~n~ms about ~e co~t or ~e ~n~ ad~ by 4 fl~plaln, what is going to ~ don~ to k~p from ~o~ 4 ~e lady and how, what -- her ~n~m is aboqt existing 5 prope~ fl~ng in ~e fu~? We afl, dy have a 5 devdopm~t on ~e w~t side of ~e ~p or what I'd ~y 6 si~on ~at ~e Ci~ is hvotv~ ~ ~e develop, 6 is on ~e inside of ~e ~op and how ~s d~velopm~t 7 ~d ~e Mayor of ~e Ci~of ~ton involv~ ~ ~e 7 would ae~ly ~? ~ere's a big ~ffe~ 8 d~wlo~ ~at bu~t in ~ fl~glaln on ~e o~er side, 8 ~o~ ~o. We t~ay haw r~ulatlons ~at cl~ly 9 ~ew~sldeof~p288. And~e~ple~enothappy 9 han~e~at~ofdevelopm~tclo~to~efl~pl~n. 10 ~ ~e ap~mt ~mplex ~at is built ~ere ~ 10 ~e developm~t ~at she's ~g about ~ back 11 eV~ ~e it m~s, ~y have ~r in ~eff ap~ 11 whm we ac~y ~'t have ~ S~gmt s~nd~ds. 12 ' ~d ~y haoo ~ ~d ~ve~g e~. And ~ey ~ 12 Okays' 13 ~y'having a probl~ ~ ~s ev~ t~e i~ ~s ' 13 I'dj~t l~c to point out.~t ~e ~nMg 14 ~edevdo~r~dnotbuild~epro~up~ 14 ~Z-99-046,~e47.3acrepro~on~e~u~slde 15 ~o~ ~d ~e ~ allow~ ~ to b~ld h ~e 15 of Mc~nney is a ~D. You ~H ~ a de,JIM pl~ 16' fl~pldn. And ~at is my ~n~m for ~at. Howis~at 16 baekfor~at~it'sat~att~e~atyou'~approw 17 ~gad~~edevelo~r? 17 ~eexactsi~d~i~of~epro~. And~I 18 ~Ga~c~: we'll ~ -- we ~ll 18 in~in~es~f~po~t~sfor~dler 19 ad~ ~ in a few mom~. ~ you. Is ~e~ 1~ lo~ ~ PD ~nlng d~l~atlon have had sGme ~n~tlons 10 ~y0ne el~ p~t who world l~e to ~ ~ ~0 but we've done ~at at ~e deailM pl~ s~e ~ 21 opposi~on to ~s ~fitlon? Anyone el~ p~t to ~ ~1 it m~ ~ to a~eh ~n~fions ~c to a si~ 2~ hopposMon? h~at~s~e~opposMon, 22 d~i~oppo~toag~i~n~pt. Soljust ~ ~e ~oner h~ ~ oppo~W for ~bu~. 2~ ~ ~ po~t out ~at you ~ ~ a deem plm 24 ~ a~: w~ no~ ~t ~ a ~n~ ~d not :24 ~m~ fo~d for ~t pi~ of pro~. ~5 oppo~fi~. B~ w~'~ ~jo~g ~ ~s, ~e ~s, ~5 ~n~ ~ ~at on ~e ~g 410 a~ PLA~G A~ ZO~G O~OBER 20. 1999 3 6. P~a A5 - Pa~e 48 5 6 7 8 Il 12 tS 15 17 18 20 21 23 ,..Cox~donsoltTM bctwom .t~S0 and 426, is it, or ~ U .m.'v .c~ity and McK~,,,~y, that is for strail~t zp. nlng.. ~ condifi99s that staff has a~cI0o:l ad&ncsses the concern oftl~ concentration of traffic and the adequate facilitie~ to I~ndie traffic I~merated by thls development. V& think it's falr to a~ch tho conditions that w~'vo stated In our staff report. We feel that the intuit is.consistent .'with our Co. mprcbcnslve Plan. And v~ r~ommcnd approval' with the conditions 'a~clx~l. blR. ENOELBRECHT: MI'. McN¢Il.L ~ Me,city. I had a question on your zccommcndatlons hen: that's in our backup ma~'ial. I'm confused that we've got so many cu,'s and plans. What is f~ 1998 Dcn~on Plan Policies? ~,s. ~am: Tho Dentoon Plan Polieies are a~cl~l to tho staff rcpor~ and tb~y'r~ Eeclostu'~ 6. Eaclostm~ 6 lists the policies which were adop~l back in 1998. It was the last quar~r of '98. ~ MCt~mL. okay, Ttcn my s~ond qucstlon on your conditions, numl~r one and two, I'm talking about tho 46 now, if this is going to come back again, then why arc we putting tt~se rcztrlctions on them at this tlme about tt~ building l~Tmits and thc roadway components and 24 so forth? What's tho logistics of putting that on at this ' point instead ofwalting until t~ detailed Plan come~ " -' Page. 50 I back? 2 MR. REED: This right hero does not tic thc 3 developer down to a condition which restricts his exact 4 site design. The.so conditions address the overall 5 property sum. As he mentioned, this is part of a 6 property which has -- excuse me for hesitating -- some 7 700-plus acres. When we have a large development like 8 this, the City has the ppportunity to look at it 9 ' comprehensively and address the canoe .ms of adequat¢ I0 transportation facilities. 11 We actually did this for The Pre, rye, Mr. 12 M. cNeill, which was prior to your term here on the P&Z 13 Curn~s~ion. With The Preserve, which was a Po, we 14 ach_~a~y attached to the zoning an improved TIA which said 15 that as each tract developed, certain transportation 16 improvements would be made. And, again, for large 17 developments we're able to look at the overall impact it 18 has on our transportation facilities. Whereas, when we 19 }rove a mall L-act, ~a¥, 100 acre~ wMch has a frontage on 20 one road or maybe two roads for short distances, we typically don't get into that because it's a [ ~2 ~ralght-forward isau~ which ia handled during- 21 ~ubdivi$1on. 24 lq~ MCN~LL: What tho$~ two COnditions ur~ ~$ I~icatly saying is uatll wo r~olve these 'I trans~oaa.~on issues, they can t pour any concr&~ ~ut [ 3 . . MR.'~t~FO: Actually, ~t ~ays th& thc 4 building l~mlts c~n~ot b¢ issued. *' . [ 5 Mm ~C~LU ~ight~ C~.. ot be issued. 6 MR. REED! A plat can bc approved and roads 7 and other public facilities can bc put in; 8 MR- MCh'EILU 'Okay. All right, i don'{ 9 . have a problem with that then.. Thar~k. you.' .. 10 MIL ENG£LBRECHT: yes, Mi'. Bucck. 11 MP,. BUCEE: I don't want you to lose sight 12 of tho 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 we can make these ldnd of changes. The[r urgument 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 bc in the $,~00 square foot lots, that's an 22 issue that you wait to the detailed plan and there's always some coneg, m on the legal staff if Mr. Spain ~ells 24 out and the next developer, will he take the Art Anderson 25 approach on the Smith tract tha~ You don't have any say. Page 1' So you've got to be comfsrtable'witk what you do on t'h~ 2 issue. 3 MR. ENG£LBRECHT: Thank you. Mr. Moreno~ ' ' 4 MmMORENO: Yes. Mr. Reed, I didn't fully 5 understand which development Ms. Gibbs'was speaking to 6 that was having the flooding problems. 7 MR. REED: I believe she was referring to a 8 property that's not even adjacent to this property here 9 but is on the inside ofLoop 288. I believe Jerry Clark 10 knows the apartment complex that she is referring --the I1. Singing Oaks 7' Spencer Oaks. And they're immediately 12 adj.accot to thc .Lgop, ur.~'t, thcy, north of MeKinney? 13. .MR. EN~£LBREOIT: 'It's aqross from thc power 14 plant. 15 ~ MOP, m~O: 'fhat's a fakly ncw 16 devclopmcnt. 17 MR. REED: Okay. I was referring to -- 18 MR. MOP, El, re: And I thought that's what she 19 was t~,ll~ln$ about $o I dldn't und~$t~ud, why thc ~0 standards were different just a year or two ago than II what they arc today. 22 MIL REED: I'm sorry. I was referring to a 2a different apartment complex. 24 MIL O. AR~ Well, obviously we need Mr. 25 Hcelting heco la~cau.~ he's ru,,ing the drainage but I'ra PLANNING AND ZONING OCTOBBR 20, 1999 Page 53 not away., I havcn't reCeived'any ~mll~ of wha~'wo're talldng about o~ thc drainage on this. So iftbe~'is a problem, I'm not aware of it. But, ob~,i'0USly, Mr. Hoclting and thc utilities runs drainage now. MR. l~n: Thank you. MR. I~O£LBRECHT: Let mo intc~cct eric itcm h? ! thl .nk rlght.n0w because wc don't get as much of .that d~tainagc information as wc used to since .' : cngineerlng is not directly'~oing that the way they used · to. I would likc for you to go ahead and check on that, Jerry, since Mr. Hoclting isn't hcre. Find out if wc do have a problem out there at Spencer Oaks becanse that is a new development. That's not cven two years old. MR. et.M~c: Okay. I'll bring you a report back. MR. ENOELBRECHT: Okay. Thank you. MR. Mt~£1LL~ That doesn't affect this issuc? .. -.:.- I to t~ City Counc'd. And then for whatever reason t~c 2 deal falls ~qough and it never goes to City Counc'd. T~¢ a same thln~ a d6vcloper can come in and ask that thc 4 Mobility Plan be amended based on, likd in this case, thc 5 zoning case is going to corec forth. For whatever reason 6 if thc dcvclopcr doesn't want that to go to Council at 7 that time, wc never know if tho d~vc!opmcnt has died, Mr. g W'.~.TM, or'what has happened. BUt it's thc call of the 9 ' devdoper ifhe wants to take forth his sugg~ted 10 amendment. 11 I think, and wc can have if you want thc 12 developer to respond. ! think thc developer wants to. 13 take them up together, I'm assuming, or tins another 14 plan. But wc can't require the developer to take that 15 amendment to the Mobility Plan up to Council il' hc 16 doesn't want to. The only issue before us today is thc 17 zoning and thc Mobility Plan issue comes up at thc 18 platting stage ultimately. Ultimately, when it's 19 platted -- 20 MR. WILLIAMs: l'm reading what I have here. 21 It says conditions and so I'm trying to get some 22 clarification on this because, llke I said, I like things 23 cut and dried, either nyc or nay because all these -- 24 MR- ENGELB .RECHT: Good luck here. 25 MR. WILLIAMS: - conditions, and this 1 condition to mc is rather wclrd ~eause i read the Page 56 2 Mobility Plan and I understand what you're saying that 3 tle developer needs to take it up. But it says -? but 4 I'm still kind of confused. Maybe somebody can cxpla|n to '5 =c who was here and voted on this where it w6uld be clear 6 ~s mud. 7 MR. BUCEK: Let me take a shot at this 8 ise~. I.thlnk what staff is trying to do by those 9 conditions, I think they're trying to put thc dovcloper 10 on notice that when you como in for your plat, you're 11 not going to have a Plat recommended for approval if 12 ' tL~o issues area'.t resolved. And so that's why that's 13 ' in there. Bdt what I'm saying to you is at any point 14 that tho developer has thc zoning he cfesires, and in 15 this case the,~ arc straight zoning categories except 16 for thc ?D, once he has that zoning in place, ho h~s the 17 fight to come in with thc plat. 'When he comes in with 18 th: plat, fight now he's moving with thc Mobility Plan 19 tie way it leeks today because there ha~ been no 20 n:commcndation taken to Council. And so thc question is 21 '6~:cro that road falls in his 8F-7 or his SF-10 or 8F-la, 22 E¢'S taking a risk. And that's what those conditions am intending to do. But, Wayne, you may want to say 24 ~ore to that. I don't know. Is that correct? 25 MR. REED: YeS. ~ o Page 53 - Pag~ 56 MR. ENGEr nP. Ecirr: No, no. But there ~houldn't be a probl~ out ~c~. Okay. Ms. Oo~c. Ms. ~u~: Fha~ you. I would l~c to ~ow if ~s is ~o appropfia~ t~c or not and may~ you ~n help me, Wa~e. In s~i~t ~nlng is s~ctly · e s~-7, bl~, bl~, bl~, and ~n~m ~ ~. Bu11~d's ~n~m about ~c propc~ ~ing up ~ainst th9 PD ~ a Page 54 Light Industrial. I know that in thc Unicom Lake property we had a buffer of, I guess it was 50 feet up to 100 feet placed as a condition on thc property. Would this be thc appropriate time to bring something up like that to help divide thc Light Industrial from thc homes? MR. REED: YeS. MS. GOURDIE: Okay. Thank you. MR. £NOELBKECHT.~ Mr. Williams. MR. WILLIAMS: Yes. I like things clear-cut and I'm having some serious concerns about the amendment to thc Mobility Plan because I don'.t like to bc involved in anything that I'fia nbt iff control of.and thc. dcvclopcr has no cent{el ovcr'the ~)cnton'MobBity'Plan[ And I'm very concerned that it hasn't been sent to Council since there was a rccommcndation or it hasn't bccn mcntloncd it's going to Council. It's siring someplace. And can somebody explain to me, am I somewhere out in left field of what's going on here because it's been passed by this commission; howcvcr, it's siring somcwhcrc -- it's sitting somewhere. ~m. ~o~'t~Pmcnx: wc just asked staff to addre.~ that and .... leaR. BUCEK: Let me bo sure you understand thc proce~. There arc a lot of cases where someone will come {n ]leto with Ag ZOn]n$ and Will ask you to recommend SF-? ?LANNING AND ZONING OCTOBER 20, 1999 · -, Condens~ItTM ... ~R-wn.oAMS: okay..B~c~.usoI'.mhavingaom~ ~ Wh~dh0w~fo~go~n~gctoutOfh~. probl~s -- ~ I don't ~ ~n's ~c~ 2 ~cy'm ei~ gong ~ have ~ go 380 or ~cv,m ~oino[ is ~y for ~s d~wlopm~t ~d'I ~ ~at's w~ I'm 3 ~ ~v~ ~ go McCoy. And ~ d ~g a bls probl~. ' 4 ~ ~ ~at's gong ~ k~ ~'out ~ ~d · ~ ~ I ~d cxpl~ ~t ~ ~n~tions ad~ 6 ~t ~ ~po~t for ~s pi~ ~ ~y,m not yo~ ~n~m. I'~ m~c my cx~pl6 what I I~ from 7 going to go ~u~. We've got no b~c ~d we're not ~ ~e. W~ ~ a ~i~ al~dd a ~n~m. 8 going to hav~ one for a wM¥, wMdh a~ut h°w~~ ~ ~ould ~pact ~o~on ~n 9 work ~n aa{ if ~s is ~o~ to ~ ~ ~po~t wh61c · ~ w~ ~u~cm ~d of o~ ~uni~ ~d ~ ~at it ~0 &velopm~t over hem. ~c Ci~ ~ in ~e ~ d~i~a~ for ~cvi~w Boulcv~d to 11 but w~ n~ to m~c ~ we've g& ~o~ o~cr pi~s touch 1-35. And ~ wc held ~ck f~t to ~c ko~ ~m 12 and I don't ~&rs~d why ~at ~mpon~t w~'t in ~s ~d we work~ clo~ly ~ ~at dcvclo~r to ~ ~at 13 one, ~ wc~. ~ bu~g ~ were is~ incr~ing ho~hol&, 14 M~ ~Eo; It would ~ fa~ to put it in ~g ~ps g~cm~ puRing mom veMcl~ on o~ ~15 ~at on~. r~, ~at ad~ua~ ~o~tion fac~ti~ w~ put ~ 16 M~ ENGE~C~: Th~ o~r qu~tlon I had place prior to thos~ homes being put in. V~nat wo'r~ do'ms with this condition is exactly the ~ane. We're saying b~fore you can get any building permits, a traffi0 impact analysis has to be approved and a TIA, or traffic impact analysis, outlines what the developer will install prior to these building perraits b~ing issued. What docs that give us as a community? It gives us some piece of mind that we're going to have adequate facilities to h. andle the traffic 17 18 19 20 21 22 23 24 12 MR. ENGELBREC.HT: IS.thereany reason why ' ' · 13 that isn't p~tt on 3, as well? 'I meatus' put on the o~cr 6 7 8 9 10 11 12 has to do with there's no mention, as Mr. Bucck pointed out, there's thls issue of it' you approve a concept plan, what room do we have to maneuver at the detailed plan schedule.? There is no mention I believe of open space in the PD. I reeoguiz~ that we have a park across thc street but that is ultimately across a four-lane street, road, highway. And was there consideration given by staff to rcquh~ that there be some requirement for some.open space in there, at least in a stat~nent'of Pag~ 58 relatlonsMp between this land u.~ and the public interest of adequate transportation facilities. But secondly, we're saying we're only golng'to requlro of you a fair share of the developmant or of the transportation. The fair share is what they generate. MR. ENGELBRECHT: Other questions? Yes. Thc Condition 3 on 07.2. has to do with -- cxcus~ me, Condition 2. Yes. That's tho bridge over Cooper Creek and that's thc creek to thc north. Okay~ MR. REfiD: That is correct. . 13 · · 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 plcce of information, in our code. MR. ENGELBKECHT: Okay, for that reason it's riot. · MR. DONALDSON: It's more a Icgislativo function than an administrative function.· · MI~. ENOELB .RECHT: ~)kay. In that case, I ' case? leto. REa: 'the reason why is thls, it's not contiguous with that creek crossing. And staff would llke to point out that actually that is called out for the Caso No. 72 simply to, again, put the developer on notice that that is part of this consideration of tran~ortatlon hnprovcrnents. It actually will be ad~ in the ~ as part of the ~ nut I thlnk W~'m clarifying it ~s a very important component that has to b~ resolved. MR- I~rGELn~Ec~-rT: well, tMs is e~en a more &'ns~ picc~ fha, if you'r~ going to get north to 380 and PLANNING AND ZONING 14 will simply ask of staff from your professional 15 perspective, what would be an appropriate portion of 16 Open space in a I,D with Single-Family oI~ $,500 square 17 foot lots? 18 MR. REED: could I ~sk first for a 19 clarification? Am you asking for public open ~ac¢ or 20 private opes space? Private being, one, an area which 21 is maintained by the Homeowner's Association. 112 MIL ENG£LBRECHT: Yeah, I'm talking about 2~ Homeowner's Association. I wasn't thinking orit bclng 24 dedicated to the City or anilahing cls~, but open spac~ 25 such that there's some in them. O~'rOBBR 20, 1999 Page 57 - Page 60 I MR. DUCEK: Wayne, let me be sure that I'm ' ~ dear to l~pond to that. Do wc have a ~ on my copy I 3 don't have thc concept plan on thc ~D. Do th~ 3 4 Comm1~sloners have that? 4 5 Ma. IU~£D: 'rherc's actually the concept plan 5 6 is Enclosure 1. ? MR. MCNBIL .~ It's the 'same as this colored' 8 0ncherc. ': "' '.. 9 Mm REED: And it docs show thc ~ntlrc l0 property but it calls out that Parcel. And I did, becsusc 11 this is such a small print, includc a second page which 11 12 blcw up the land usc table. TMs table rlght here shows 12 13 everything that's requked for a concept plan as far as 13 14 rninhnum ama, setbacks, and such. 14 15 MIL BUC~K: Thc only part of Enclosure 1 that 15 It really relates to this zoning case is that part that's requlrc that e~'ght perceut of the land be set asldc as MIi.'I~G~'CBRE~: And eight percent in ibis case would be? - ~ l~lm DONAU)SON: 'three and a half acres, ),at ~rOE~B~cWr: SO we could go s°mewhere,. for c. xample, sa..y a mb~.hnum of three a~ be set asldc for open space? .. MS. C, OURDIE: TO accommodate for the Mghcr density. MIL ENOELBRECHT: Right. Another question, Mr. Reed, I notice in thesc wc always get this business of you havc a recommended motion and it always has this part about that it's consistent with the Denton Dcvclopmant Plan, it's conslstcnt with thc Denton Plan 17 18 19 20 21 south of McKinney? Mm RE~,D: Correct. And if you look on the page 9, it's referred to as Parcel E. MR. BUCSK: Okay. MIL MCNFALL: Parcel P or PHI7 ~ I~D: '~hcre is a formula in our park land dedication which calls out that, I believe -- MR, DONALDSON: It'S roughly one acre for cach .140 housing unlts to meet our neighborhood park 13 14 15 16 17 18 19 2O 21 22 23 24 25 ~LANEING AND.ZONING criteria. MR. Elq'GELBRECHT: SO basically that would bc two acres in this particular case. MR. DONALDSON: A two-acre xninimurn. MR. EN~.LBP, ECHT: My concern here is, as Mr. Bucek pointed out, if' we have not asked for the open 7 spa~ up. fr(~nt then we could have some difficulty in 8 requiring it on the detailed plan ff it was not stated 9 on thc land uso summary. 10 MR. BUCEK: Right. Now, some of thc concept Il plaus you get don't show open space and they,il just I~ have an asterisk and they'll say a .certain l~reentage. will bc that. But you flare go~,e~ some, and th~ problem happened on the Smith tract, I think that they showed the ol~'a s~acc. I'm not sure but I bcllevo they did. So thcrc's no question once you show it, it definitely becomes a question about can you do it on the detailed plan change the boundaries oF that. So it may be a plus to you that it's not shown but I think the issue that's here is tlmt without any statement oF concept in the conce~t plan about any open spacc requked, the statements that Mr. Spain will do us no good when you get to the &t~led plan s~e. Mit DONALDSON: Anothcr crltcria that you could usc Is that for a manufactured home park we OCTOBER 20, 1999 17 Policies. And, in fact, almost always you have at best 18 th ' , " ere s always onc check mark that s marginally 19 conslstcnt or cvcn once in a while, an inconsistent. And 20 so if thc m6tlon is madc in that manner and wc don't agree 21 with all of those, we'd havc to vote against the motion, 22 wouldn't wc? 23 MIL REED: YOU would change thc motion. 24 ),iR. ENGELBRECHT: Or we could ask for a 25 friendly am_eodment. But I guess my question is why do I you do that? Personally, I'd just as soon sec those out 2 of there. It would make the motion a lot shorter. 3 MIL REED: I'd bc happy to do that. 4 MR. h'NGEL~I~CHT: And we're not always sum 5 whether we agree with that fact that it's consistent or 6 not. Maybe other Commissioners disagree with mc. 7 MS. COUP, DiE: WC a,~ee. Herc, herc. 8 MR. ENGELBRECHT: And in this case, all of 9 them I don't -- it just di~'t seem to be necessary. So 10 you believe that there's not a problem.with putting --. 11 MP~ mSaD: Well, I guess the reason whyI put~ · 12. it in there, and I definitely understand why you'don't 13 n~xr. ssarily iagree with any or all of it, is you have to 14 plan or zone consistent with the Comprehensive Plan ~o 15 ther~ has to be a basis for your motion. That's the 16 ouly rcason I put it in there. So I'll be happy to take 17 it out. So you take it out, you kind of make your own 18 findings. 19 ~ EI'rOEL~R. ECh'T.. ~O We can -- staff bolieve~ 20 that we could put three oonditlons on the l~D, as well as [21 on the other one and that we could request ol~n space 22 without a problem? 23 MIL BUCEK: Correct. ~4 MU. m~an~ctrr: We probably ~hould il'w 25 ,.,,,.,.,.t to see open space and want to ensur~ we have opm 4 0. Page 61 - PaRe 64 · Page 64 2 MR. MO, rl~L: I guess I have a question now that you've raised that question. What is our authority to r~lulxe }~im to have open space? If M.R. l~wn: To prevent the overcrowding of 6 population would bo one. 7 Mil MCNF. ILL~ IS that in an ordinance or in s the zonin$ r~lulr~ent? . .. 9 Mili~£D: Thais a;tually ~m of our 10 Zoning Ordinance. 11 Mil MCt~ILL: But that's -- is that hard and 12 fast or what's thc rule for that? 13 Mil BUeEK: I think the way it works is if 14 you're on straight zoning, wc have what wc call 15 conditions you can add to a straight zoning ca.so. :.. CondonsoltTM. ... 1. dedication. " ::-' 2. · ~,-~ MCNEILL: BCCaus¢ 3 with that, I jtist don't want us to arbitrarily saying we 4 want a park hero. Ii MR. DONALDsoN: 1~'o. 15 MR. ENOELBRECRT: TO expand on my request a 7 little further, I asked about this because we 8 simply, ~ it's prOPose, d, ', ". · as :t s pre,sented to us, it · 9' doc,snotrdqOifo, any open ~ace. Thlsis'asdenseas 10 manufactured housing, $.5, 5°500 square foot lots. The 11 park in all of that area is on the other side of. 12 MolC. inney, unfortunately. It would be great if there was la access to the Co/ps land from here but them isn't. 14 MR. MCNEILL: YOU're talking about for the 15 little piece at the boRom, on 46. There's like 15 and one of thom is landscaping. Well, 115 on a PD you throw all of that out and you can come up with 17 any conditions you want. But, generally, it always 18 includes those same Iii can bo in them and so it's part of the landscaping issue is'the way you would handle open space. Mil ENG£LBRECHT: But then where did you get the number -- you're going to recommend three acres; is that what you're saying? · MR. ENGELBRECHT: Tho thrce acres came from ' I a recommendation. 2 MR. DONALDSON: Eight percent of 48 would 3 ac~uaUy bo 3.8 acres. 4 MR. ENOELBRECHT: Right. And I was sort of 5 splitting it. 15 Mil MC"NEILI.~ But where did you get the 7 eight l~rcent? 8 Mil DONALDSOn: Eight percent is an open 9 space re4ukeraent 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 bo very oomparable. And then on the other side in our 15 Park Land Dedication Ordinance, the formula is roughly 16 oneacr~pcrl40homes. That's in the Park Land 17 Dedication Ordinance. 18 MIL MO'm~LL: And that's really the -- 19 that's the question I had. Docs that park land ~0 dedication apply to thls property? },tR. DO~cALDsO~: ~t will unless they address ~, it otherwise. They have the opportunity to make ia donations of land and that may, in fact, b~ appropfiat~ ~4 or an option for them in another part of their tract to 15 satisfy. Any number of ways to satisfy park land AND ZONING Mil ENGELBREchrr: Right. Oa that other one, right. And so to get to the park the~ folks, wMch are moro dense than any of them, have got to cross what 19 ultimately will bo a four-lane road, wMch is not too 20 good. In addition, I would have little doubt that this 21 developer will see that there's op¢-a space in there. 22 There will bo a clubhouse. There will be something. 23 And there will probably more than throe acres. But they 24. may sell it tomorrow. And the next guy comes in, as 25 with .the Smith tract, and says, hey, that was not part I of the detailed plan d- I mean part of the.concept l~lala: 2 so I don't have to do anything but just stick 5,500 3 square foot lots in thoro. And this just assures that 4 no matter who has tho land when, there has to be some 5 open space. 15 Mil 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 woul, 9 have to supply-- [0 MR. ENGELBRECHT: Mark indicated it was one 11 acre per 140 10ts. 12 MR. REED: It's 2.5 acres times the number 13 ofdWdling uhits times 2.8 persons, divifi~ by 1,000, 14 you got thc acres. That's the exact formula. 15 MP~ ENGELISRECh'T: Rou~ly 140. And then 115 that would bo two acres because there's 280 proposed 17 units hcr~. And then thc park land o- the manufactured 18 housing condition puts ~ up to 3.8 so I don't know. I 19 threw otlt three nc'res, that's a comlarorni,~ in 20 MIL MCNEILL: I Can live with tha. t. 21 · MR. RISHEL~ It may bo mended to four. 22 . Mil ENOEImRE¢I-IT: 'Right. And I'm not making 23 the motion anyway. Are there other questions? Mr. 24 Rishel. 25 MR. RTSn~,L: I just wanted to mako sore that OCTOBER 20, 1999 Pane 65 - Pace 68 Mrs. Gibi~s got bet qu~tion'a~SWered and x~as -- Pge 69 MS. GIBBS: I do know this Fe.,dgt~ gov~'l~n~lt mi!rig tl~y have to have certain amount of green .space and that's why they put the ~nlor citizen' 6,000.00 unlt on hold bcc, aus~ they wanted to include the golf courses as MR. PaSHEL: My qUCStlo.a was didwe get your 'other question answered. I didn*t khow. wc .ha..~l ~other · Question. Do you have another questi6n? ." MR. ENGELBRECHT: NO, no. I~t~$ not take that qu~tion up. MP,. R~SHaL: okay. Thank you. MR. ENG£LBRECHT: Okay. Are there any other questions? Ms. C, OURDIE: I would like to just know on the straight zoning, the 72, if anyone els~ would like a condition that is what we've done before where Light Industrial ?D's and so forth are backed up against Singl~-Fardiy hom~s. Since we have talked about landscap~ 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 I MIC ENOEL~.CHr: Right. }~r.'DonaMson. 2 I~I~:.'DO~.ALDSOS: 'rbe question is wbaher you 100-foot buffer, which I guess includes part of the parking lot between the homes and the I~D its~ff. MS. AppLB: QuCS.tion. 3 Want ~o atia~h'~'condifion ~o tt~ rcd&atial · 4 &veiopm~t that buffers th~ other usc~ or $ other land doc~ ~'vclop, put conditions on that that 6 protects tt~ msL,~_~gal that may be there. 7 MS. ooVaVn~, wall, I'm tm&r' tbe impr~sion that it's already lgx-a ~ fig c,q/~ccpt : already sci up tl~ ~on~, you said C~eral Rc~ail, you i0 saidLightIndus~al,~ndyousaJd/~fulti.Fam~ly. $othc Il zoning is already in place. It's now just coming n~o 12 thro"_.°% wlth a concept plan; is that correct? I mcan, t~ 13 detailed plan. And if ~v'r~ talking about issuc~ of 14 prcvinus zoaing case% wc n~ght haw a problem which these 15 rcsidcats might not be protected because v/c'vc already got 16 tho zoning ln place. Could tl~y not casily say, l~.:y, it,s 17 not part of tl~ coaccpt plan? 18 MI~ nUCF. K: wc~l, ! tMnk your comment, why 19 your comment has mexh is that it's zoned Agrlcultural 20 now which w~uld mcan you would have on,-acre lots aad 21 a on~'acre lot there would b~ a buffer I~twe~n you and 22 l~m regardless of w~aat I~ did. Vfncn you go to smaller MR. ENGELBRECHT: Ye~, Ms. Apple. MS. APPLE: That other is not in development yet thongh, is it? So would we be putting a condition on somethlng that's not set in stone yet? You know, if wc put a buffer condition on them, what if the people -- MR. EIqO£LBP, aCHT: Come back and replat. Well, it can be -- in that stats'neat it can be contingent on the zoning. So if the zoning changed, I'm sure, could it not? Couldn't you put a condition on the SF-? buffeting the -- ~ DONALDSON: Well, it's a timing issue. If the rcsidentlal develops first; then we don't know what the ~ljacent land u.~ would. MR. BUC~X: The Bullard tract is zoned what? Is it zoned U? MR. DONA~.D$ON: ~t's within the old Po-12~ and it has Cgneral Retail, Multi-Family, and Light lndustrlal zone districts in it. ~ BUCEK: Right. And he will ultimately -- he has a concept plan. He'll have to come back with a detailed plan when he do~s that part. And you can look at that on Ms end and the question is do you want to deit on-- MR. DOSAL6SON: The resldential side or do you want to do it on the industrlal side? 'LANNING AND ZONING 23 acrcage~ and I can't remember what thc acrcag~ is right 24 now, tho'o is some merit for ~hat but, you know, vAthout. 25 haying that concur plan in front of u% I don't kngw if Page 70 1 2 3 4 6 7 ~0 11 12 14 16 17 19 20 21 22 24 OCTOBER 20, 1999 ?age..72 we've already put a b~ffer in the other case. Do you recall? M~ DO~ALDSO,~: ! don't recall. MR. BUCEK: Arid you'ro fight, wh~ ha comes in for ~s de~ pl~ be may ~e ~e S~'~ct ~t ~d ~ be d~'t have ~ buffer. I m~n, you nev~ ~ow w~t ~ hap~ dewing on who ~e develo~ is. MS. ~: Okay. ~ you. ~ ~oE~c~: ~a~tionaHy, we have ~ ~ b~f~ on ~e ~crcial, ind~al. ~e probl~ You wo~d ~ hem is if you pul ~at ~n&~on on, ~' ~ sF-~'s. Ali ~ liRlo' hom~ ~ gong ~ have ~ ~u~ W m~n a b~f~ ~d w~ch we've never ~y done. We've nev~ do~ ~t. As a mawr of faog I've ~ ~ainst a ~uplo of ~og wh~ ~ey ~ to do it at W~r ~d B~ B~. ~ey w~ going to put a Ms. ~: lj~t don*t ~t to h~ ~y ~mpl~ out of no on~ whm ~cy s~ ~cHing ~og ~ fi~t h ~ek b~d. I don't ~t to h~ it. ~~ Y~. I~w~tI'd~o Pa e 69 - Pa e 72 . Cond~ns~ItTM to say is wc shouldn't put tl~ buffer requirement on thi= residential d~velopment. If the buffer is going to bo required, it should bo on thls C~n~al Retail, Multi-Fzmily, and the Light Industrial. ~'hat's thc $ responsibility of them to have thc buffer, not on the 6 resldantial. ? ~ msm~u .we agree with you. 8 . ~ ENG~LEI~cl-rr:.Mr, Williams. ~,tiLWmUA~S: Yes. I w°t{Id ddinlt~l~, like 10 for the Commissioners to look very, very closely at the 11 traffic conditions and the city. I know we m a can-do 12 city but sometimes we may not be ready. And I would llke for us to look very, very closely at thc 14 infrastructure. My daughter is only 17 so it's been 15 less than a year since I've bad to drive and take her to Ryan every momlng. And, baslcalty, I really don't 17 thlnk our infrastructur~ and with the -- lookhg at the 18 coming up bond election, the bond package, I think we 19 may be ready. But tonight, I don't think -- and it's 20 not a reflection on Mr. Spain at all. I just don't think wc'm ready for this. Our streets and traffic is ready for this zoning, change in zoning tonight. ~ ~'~Om.B~CHT: All right. Any other 24 comments? · ~ lvlS..aPPLE: rm ready to move. "Page 74 I MIL Le~o£LEREcirr: And We would need to take 2 each ease individually for the motion, recommendations. 3 MS. APPLE: DO yOU want me to take it in the 4 order of the Agenda? 5 MIL ENGELBRECHT: Please. fi MS. APPLE: I move to recommend approval of 7 Z-99-072 subject to the following conditions: that 8 prinf to the issuance of,any building pcrmlts, adequate 9 transportation infrastructure shall b~ oonstructed in 10 aecordance with the traffic impact analysis or Il approved by the Transportation and Engineering 12 Department; that a commitment for improvem~ts'to the 13 ' Lak~yiew Boulovard bridge over .Co'per Creek is'approved; 14 and, finally, that the amendment to tho roadway 15 component of the Denton Mobility Plan that proposes a 16 new corridor south of Mills Road for Lak.evicw Boulevard 17 to the west of the exlsting Tdnlty Road is resolved. 18 ~m. msH~u second. 19 MI1. ~O~LEI~anT: Okay. It'~ been moved ~nd 20 seconded to recommend approval with the conditions as outlined by staff. Any diseusslon oa the motion? Yes, 22 ~. Apple. : 23 MS. APPLE: l just want to say in respons~ 24 to tho commenLs that Corm'nlssion~r Williams mad% ! hiness 25 my feeling on it is because, like MeKinney Street where 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 g.ood ~,nS;' I.t Would Imvo penple comln$ from dlffer~nt [ diree.~ons instead of everybody fun-eling in one [ direcUon. 8o I just wanted to nddre,ss his eoneem. MR. ENGELERECST: Ar~ there other Comments? If you doe would you pl~se raise your hand becanse I'm sh°wing a different seree~ ber~ now, if you have any other comments..yes; Mr. Willi .a~..' ' ' MR. WILLIAMs:' We am voting on 046, rlght~ MIL EI~GELEREettT: ~2, the fLrst Agenda item. 1~,. WruLIAM$: okay. I wasn't ewn talking about that. MR. EN6ELERECIt'r: Okay. I've got my screen. Any other commant? I would like to ask staff just briefly, do we know the -- and lerry had to leave, do we know approxlmately what the schedule is for MeKinney For 380? I know that it's moved up in the schedule but I don't reme~nber the date. I just wanted to address that to Mr. Williams. M~.WILLIAMS: NO. In other words, my statement was inappropriate. I'm talking about 46. MIL ENOELERECl-rr: Okay. All right. MIL W~LLL~S: What I said was totally 24 inappropriate. 25 MIL ENOELBKECHT: All fight. Any other . ' ' Page ' I disemslon? In that case; vote, plea~. Motion carries" 2 unanimously. All right. Now, we move.onto the second 3 Agenda item. Ms. Apple. 4 MS. APPL~: ! move to recommend approval of S Z-99-046 subject to the following conditions: prior to 6 the issuance or' any building permits adequate 7 transportation infrastructure shall bo oonstructed in 8 aecordance with the traffic impact analysis approved by 9 the Transportation and Engineering Department; two, that 10 the amendment to the roadw&y oomponent of the Denton II Mobility Plan that proposes a new corridor south of 12. i Mills Road for Lakeview Boulevard to. the West o~ the 13 existing Trinity Road is resolye4.; and, three, that a" 14 mlni~num of three and a half acres bo set aside for 15 private open space due to the denslty. 16 MIL M~nL: second. 17 MIL mSm~L'. A frlendiy motion. 18 MIL ~aELEP.~ctrr: Pardon° Mr. Risheh I 19 didn't hem- you. 20 ~ mSmaL.. A friendly amendment that what 21 is two in the other thing that reads that a commltment 22 or'improvements to the Lakeview Boulevard bridge over 23 Cooper Creek as approved. I'd like that as a friendly 24 motion. 25 I~ I~OELEm~a4T: AS a friandiy amendment7 PLANNING AND ZONING OCTOBER 20, 1999 Page 73 - Page 76 2 ~ ~O2LBI~-n': MS. A~pl~ you ~ ~ 3 mogon. B~ic~y, it's ~ - 6 ~ ~t c~o ~ ~s case. 10 ~ ~E~a~: ~ ~ ~ you 11 bo~. So now wc ~vc a me,on and s~ond ~ fo~ 12 con~fions, ~ ~ of ~ pmvio~ case and onc for 13 3.~ ac~ mln~ o~n spacc. ~y ~sc~slon on ~ 14 mo~on? ~ ~at cas~ vo~ pl~sc. Motion c~ slx 15 ~ one. 1~ ~. W~ vo~ng in opposition) 17 ~ ~o2t8~: ~d ~t conclud~ o~ 18 A~n~ for ~s cv~in$. Somc ~vc ask~ ~ ~d ~ 19 somc ~scmslon about o~ ~ and I'm ass,m~ng you world 20 ~c ~ s~ ~t on o~ n~t - 21 ~ ~NAL~ON: ~ yOU ~nt m ~ bgng ~t 22 back for ~ n~t m~fing? 23 ~ M~IL~ y~. 25 ~ ~o~: ~ g~ ~y o~ · Page 78 I input? 2 MR. WqLLIAMs. Als0, could you put what thc 3 rules, one week, getting our matcdal onc week beforc 4 meetings. $ MR. ENGELBRECHT: We can talk about that but 6 we won't get it this time. 7 Ma. WILLtAMS: No. What I'm saying is could 8 it bc on our Agenda,i.tems ff we're going to talk about it 9 -- to discuss. 10 MIL MCNEILL; It will lx~ part of thc rules. 11 MR. WILLIAMS: Yeah, part of the rules to bo 12 diSCusSed. . .. . . taL about 14 can ich yOU thc staff-- IS MR. WILLIAMs: I really don't care, becaus~ I 16 havc a lifc outs[dc of Planning and Zq. ning. 17 MR. ENGELBRECHT: MS. Gourdie. 18 i~S. OOum~I£: I would also likc to know, and 19 being that we'vc got you as Chah'man who's donc this 20 before and galty has Ix~ on a year and _~ tn=a appolatcd 21 as the Co-Chair, and I'm not really sure how thls works. 22 I'd like to also know what the Chair is respo.ndblc for, 23 what thc Chair does so wc man everyone up to par as to how 24 the wholc system works becaus~ I really don,t thlnk wc 25 really know what goe~ on in your chair. And I think it PLANNING AND ZONING Conde. n~ItTM Page 6 7 8 '9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .: . ' ' "-.:.- Page 7--'-'-'~.~ would be good xor us to know ii,hat happens fo~; th~'chak And..whe, samco,¢ ~ tojttmp in to be Co-C~ir, would'be v_!c~ for t_l~m to also know what they'rc responslble to do and What thcy can't'do. ER. MCI~II.t: It's not -- Vicc-Chah-, it's not Co-Chair. MS. C,0URDm. 'thank you for correcting me.. lv~ IvlCl,~.lt~ yes. It's 6nflrcly different. Donaldson, did you get all that? Any other? MR. Wn.LIA.XiS: orientation for new commissioners because I was very fortunate coming on righ. before the -- and when a person is coming on in Novemlxr would be totally in ~ dark. MR. I~LBR~CHT: WC don't have anyone coming on at this thn~_, but wc will -- that's another item for that is brlct'mg for new personncl. Okay. That's it? We're adjourned. Tt~ak you. 20, 1999 P~o77-P~e7 ATTACHMENT 5 ORDINANCE NO. .AN ORDINANCE OF THE CITY OF DENToNi TEXAS,'PROVID]~IG FOR A cHANGE FROM. AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELO?MENT 179 (PD 179) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCICI~NEY STREET (F.M. 426), APPROXIMATELY 3,000 FEET EAST OF 'TI-~ INTERSECTION WITH TRINITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3 ACRES; PROVIDING FOR A SEVERA~ILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMU~ 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 u.s~ designation; and WHEREAS, on October 20, 1999, the Planning and Zonlng 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 9onstmcted in accordance with a Traffic Impact Analysis (TI_&) approved by the Transportation and Engineering Depaxhnent. 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. 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 resid[nts of the neighborhood. 45. SECTION 2. That the City's official zoning map is mended 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 ofthis ordinance is' violated shall constitute a Separate and distinct offense. ,SECTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, w(~rd, 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 Danton, 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 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 newspap..er 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 EGAL : 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 ora 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 tract being 'more p .articulariy described as fol owe: - · Beginning at a found ~' Iron Rod a't the occUpied sm~thWest 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- 2so-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 ~' iron md for the occupied northwest corner o.f 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 ~" 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 ~' Iron Rod; THENCE South 1 ° SS' 17" West with the east li~e Of ~ald McKinney' Denton tract a"d 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 comer 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. ~a~o EXHIBIT B I I I~ g Box ~41 I I I ';.:T.'.'.'.'2 PO 13ox ~07~! Dmto~, 'DC 70200 % TX cJo ~ & 1LT Proper~ P.O. Box 941 ~b~g, PA lf60i 550 I ' I PO ~ /~tOfl, ~ I I Developer:. Terra Ba;% Inc. 700 Lakevicw Blvd. Denton, TX 76207 972-410-5000 nentc~ 'iX 7~0~ I __ I~- 3~xis~g Zone'ryp. .and Use Summary Lakeview Ranch Denton, Texas AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7th, 2000 Planning & Development~partment Dave Hill, 349-8314 .~/2~ Agenda No. Agenda Item Date SUBJECT Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 410 acres of the Lakeview Ranch located between University Drive (Hwy 380) and McKinney Street (F.M. 426) east of Mayhill Road. BACKGROUND An application for request for relief from the Residential Interim Regulations has been received. (see Attachment 1). Background information regarding the current status of this case is provided in Attachment 2. Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on February 1st, 2000. This ordinance contains standards with which residential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: Section F. Relief Procedures 1. The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. 2. 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 fight or deprives the applicant of the economically viable use of his land. 3. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. 5. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staffrecommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE If relief is granted for the petitioner, processing of the Zoning Application can proceed. PRIOR ACTION/REVIEW One petition was reviewed on February 15, 2000: Golden Triangle Joint Venture (Z-99-096) - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Letter f~om petitioner 2. Background information Respectfully submitted: D°U~las S~ Powell, AICP Director of Planning and Development ATTACHMENT TERRA/BAIN, INC. February 25, 2000 Mr. Douglas S. Powell Planning & Development Director City of Denton 221 N. Elm Denton, Texas 76201 . FEB 28 2000 Re: Lakeview Ranch Relief from Ordinance No. 2000-046 De~Mr. Powell: Attached is our application for relief from ordinance no. 2000-046. Lakeview Ranch has been in the zoning process since October 13, 1999. The zoning has been postponed in order to solve the traffic improvements associated with the development. The zoning use plan seems to be acceptable to the staff and council. We are revising our traffic study'based upon the Lakeview Blvd. alignment and will meet with the staffto resolve these issues. Since only the conditions tied to the zoning are left to be resolved, we respectfully request our zoning application be granted relief from your ordinance and rescheduled after our meeting with city staff on traffic issues. Sincerely, ~[h[om~as C. 2n, jr.~' Terra/Bain, Inc. ** 700 Lakeview Blvd. * Denton, Texas 76207 * 972-410-5000 * Fax 940-383-1340 ** INTERIM ORDINANCE RELIEF APPLIGATION FORM APPLIGATION FOR RELIEF FROM ORDINANCE NO. 2000-046 Project Address (Location): Existing Use: Existing Comprehensive Plan DesignatiomS~-'] Existing Zonln~ Proposed Use: Gross Acres: Proposed Zoninv~6 SEE RELIEF PROCEDURES ON BACK Address: 2140 ~I3LLE~ ~x~,ez~L City:. ~Ot.~.gg State: Properff Ownen Ld~.fr.d i~t,./ Address: ~3. ~ 941 Ad&ss: Z'~4o C~. ~_.g)t.~G<~ State: ~. SIGNATURE OF PROPERTY OWNER OR APPLICANT · (S~GN ~ PPON~ TY~E 0-~ o~ ~ho~io~ ~qod i~ ~,~,.~ o~h~ ~ ~o~ o~) Subsoiled ~d ~om ~fore me ~s ..-,,,,,,;.,:,j For Departmental Use Only Case No.: Case Manage= Total Fee(s): Receipt No: Date Submi~ed: Accepted By: Form Up&re& 2/2000 APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AM. 4e Application Requirements: ORE) NO 2000-046, Section F. The applicant may petition the City Council for relief from these (Ord. No. 2000-046) interim development regulations by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of (Ord. No. 200-046), unless the applicant first presents credible evidence from which the City Council can reasonably condude 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 their land. The applicant is requested to submit sufficient information addressing the following criteria. The applicant will also be responsible in making their case before City Council. In deriding whether to grant relief to the applicant, the City Council shall take into the consideration the following Whether granting relief from the residential densityllmitatlons or other devdopment standards contained in these interim development regulation, in the absence of permanent revisions to the City's Land Devdopment Code that implement the provisions of the comprehensive plan, jeopardizes the City's best interests in preventing such effects; The suitability of the proposed residential uses in light of land uses allowed in the zoning dls~.ricts on property adjacent to the proposed site; The impact of the proposed residential use on the transportation and other public facilities systems affected by the development; The measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; VI The likelihood that suffident relief will be provided to the applicant following adoption of the City's Development Codg I-I 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; VI Any fees reasonably paid in connection with the proposed use; VI Any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in Ord. No. 2000-046. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SlGNA/~ certlfyln~at these r._.egulations have been read and understood by the applicant. ~ ~ ~.. DATE ~ PRINT or TYPE NAME ~I"~/~5 ~----. ~tb-J ~ WAIVER REQUEST STAFF REPORT ATTACHMENT 2 Subject: Lakeview Ranch Staff: Larry Reichhart Case Number: Z-99-072 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Residential Interim Regulations (Ordinance No. 2000-046) to continue to process a SF-7, SF-10 & SF- 13 zoning request. Between University Drive andMcKinney Street east of Mayhill Road. (see Z-99-072, Lakeview Ranch - March 7, 2000 City Council staff report) Agricultural (A) (see Z-99-072, Lakeview Ranch - March 7, 2000 City Council staff report) 410 acres The property is not platted. The subject site is located in the Neighborhood Centers district. New neighborhoods may develop in conventional patterns in this district. Staff finds the use consistent with the intent of the Comprehensive Plan. The Planning and Zoning Commission recommends approval (7-0) with conditions. City Council has reviewed this project at its November 16, 1999 and February 1,2000 meetings and it is currently scheduled for the March 7, 2000 meeting. POTENTIAL AFFECT OF INTERIM REGULATIONS: This project would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to continue the zoning review process by proceeding to City Council. If the relief request is not granted the application will be required to submit a zoning plan and a project plan as required by Ordinance No. 2000-046. e AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7, 2000 Planning Department David Hill, 349-8314 Agenda No. Agenda Item Date SUBJECT - Z-99-072 (Lakeview Ranch) 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 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. It is located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. The proposal is to develop a mix of single-family lots and housing types. 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 residential interim regulations were adopted on February 1, 2000 thereby preventing this application being processed any further. The applicant has applied for relief from the interim regulations~ if approved this application may continue. 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 McKinney 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. 99-072 ~ :C 3rd ~%Tq,~f R~.7~o~'l, dt~c 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). The subject site is located in the Neighborhood Centers district as identified in the Denton Comprehensive Plan. New neighborhoods may develop in conventional patterns in this district. Staff finds the use consistent with the intent of the Comprehensive Plan. Thirteen (13) property owners were notified of the zoning request. Two (2) responses have been received. One is from 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 from 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 percent (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 of Z-99-046, commonly known as Lakeview Ranch: Application Date - June 2, 1999 P&Z Date - October 20, 1999 City Council Public Hearing - November 16, 1999, January 4, 2000, February 1, 2000 Relief from the Residential Moratorium granted. - January 11, 2000 Interim Residential Regulations (Ord. No. 00-046) adopted - February 1, 2000 ESTIMATED PROJECT SCHEDULE The 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 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 o That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakevicw 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. ATTACHMENTS 1. Parcel Map. 2. Planning and Zoning Commission Staff Report, 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: Director of Planning and Development Prepared by: Assistant Director of Planning and Development Z-99-072 (Lakeview Ranch) ATTACHMENT 1 NORTH SPENCER REQUESTED ZONING MAP PARCEL ZONING ACRES A SF-7 81.7'i B SF-10 84.09 C SF-13 19~.72 D SF-7 50.84 Agenda Date: November 16, 1999 Scale: None e ATTACHMENT 2 PLANNING AND ZONING COMMISSION STAFF REPORT -~Agend'a No. Agenda Item Date 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 recommend'ation to the City Council concerning the rezoning of approximately 410 acres from an Agricultural (A) zoning district 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: ~..~ize: ' 't.:OOATtON "MAP .between ;HWY 380 and .'F.M. 426 .in the proximity.of lfinity.Road 410 acres Z-99-072 PZ Staff Report 10-20-99.doc 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 Property is a portion of 732 or so acres of contiguous land owned by Mr. Schwartz, 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 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 variety of residential zoning districts, including approximately 133 acres of Single-family 7 (SF-7), 85 acres of Single-family 10 (SF-10), and t92 acres of Single-family 13 (SF-13). The developer has constructed a portion of Lakeview Boulevard, a four lane divided primary arterial, from Highway 380 down to the southern boundary of the Lakeview Ranch subdivision. This road is designed to extend to F.M. 426 (McKinney Street) and ultimately, to 1-35 E through the Preserve development. 1988 DentOn DeveloPment planAnalYsis· -. .- · · The 1988 Denton Development Plan (DDP) shows this area to' be within'~'L0w Intensity Area. These areas are intended to be developed primarily roi' 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 rezoning to be consistent ~vith J3oth the policies and trip Intensity standards of the t988 DDP (see Enclosure 5). ' 1998 Denton Plan Policies Analysis ,. -. q'he .1998 Denton Plan(Dp) is to' be used in.conjunction withthe 1988.Denton .Development Plan in evaluatirig ~consiStency o[ propOSed develoPment.With the long range.viSiOn.for, the city; Staffflnds ' . the proposed rezoning to be consistent with the policies of the '1998 DP (see Enclosure 6). The draft-Land Use Plan 'idei-~Jli~es this property to be .within an ·'Neighborhood ~Center" area. The -adopted .Growth.Management Strategy.states .that these .areas are .to be '.develo. ped .~in an.inwardly ..oriented manner wTth a focus.upon :the centers of/he neighborhoocrm .~The centeru/ould contain uses -neoessary:.-to .support the'surrounding ~qghberhood'~mluding"retait ~uses ~such ~:as.~nce grocery, barbers, or small professional offices,.hig13er dens'~y residential uses.suc'n as'townhomes, 'park'uses including central neighborhood 'greens"'and institutional uses 'suCh as~fire stations,'schools, libraries 'and ~transTt 'nodes. ~rhe proposed land use 'is 'consistent ~with the intent of "Neighborhood Center" areas. Z-99-072 PZ Staff Report I0-20-99.d0c iJ-j · 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 12,500.fewer trips or fifty-one percent (51%) 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 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 dulacre 85 255 2,435 Single-Family 13 (SF-13) 9.55 trips/day ·2.5 du/acre 192 480 4,584 .... ~ ...... Allowed'Trip Generation60 trips/acre/day 24,600 D~erence 51% below * Calculations provided by the Institute of Transportation Engineers, 1991. B. Road Capacity Biagg Road and Mills Road' are identified as coll.ect0r streets, by the 1998 Dent°n Mobility Plan (see Enclosure 3). These streets are 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.f~i: a tolerable traffic flow of up to 14,900 trips per day. Both are curfently'Opei'~ting 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 notraffic counts for these roads. Lakeview Boulevard north of McKinney Street is identified as a secondary major artedal by the .1998 Denton Mobil/fy Plan. This road is designed .to be a'[our (4)lane undivided street .without parking, providing four (4) lanes of threugh traffic. As such, its designed traffic capacity allows for · a tolerable traffic f/ow of up .to 19,10Qtrips per day...The northern portion .of.Lake.view Boulevard 'is currently .constructed with two (2)'Janes· Withoutparking. 'There are. no'traffic counts at this time · as it :is a new road. 'This .type of.road is designed to car.ry high'loads of traffic and will .have adequate capacity to handle the calculated trips that could'be .generated .by the proposed .residential development. 'Lakeview;Boulevard will be extended socith'tO'McKinney'Strcct more.or less.along the ex~sting Tfin'.~y Road fight .~of-way. :This mad'is:currently..consh-ucted With two (2) lanes undivided ~Athout · . ~pafldng. At the intersection oT Tfin'.~y:~O-,oad and ~c~inney ~.~treet,'the .most -recent .b-~",c :~ ~ .~ '.Trin'~y'Road .recorded ~t09 trips (per:day)..'.Lakeview ~Bouleva~d ~ql have:adequate capacity to handle the calculated .tdps -(see'q'able ':1) :that.could -:be ·generated .by :the,:proposed ~esidential ~evelopment. Z-99-072 PZ Staff Report 10-20-99.doc The proposed development will contribute to improving the i'n°~ility 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 northern half of this proposed arterial; a .portion of Lakeview Boulevard was constructed with the public improvements associated with Lakeview 'Ranch, 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. .. 2. Utilities This development will have to extend water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and construct a drainage system tn city star,,dards. 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 mustindicate the method by which the run- . ' off will.be carried across the property or stored on the property. . . - 4. Signs .As per.the sign ordinance. ',5.' ~3ff-Street Parking · · 'New.development must .provide parY, ing according tn.the ~'egulatio~3s O~.Chapte~.35 (35-301) of the 'Code. of. Ordinances.:'Every single-fa~!y.residence is required to provide, two .(2) off-street pa~ng spaces. z-99-O72 PZ Staff Report: 10-20-99.doc 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 (plantable 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..rior 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 (seeEnclosure 2). September 4, 1990 -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 which amended the zoning ordinance and mapl~or the'City of Denton. i 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 dovelopm°nt. I I Notice of the zoning request was published in the Denton Record-Chronicle on October 3, 1999. Thirteen (13) property owners were notified of the request on October 2, 1999 (see Enclosure 4). As of this writing, there have been no responses. :Staff.recOmmends.approval Of Z-99-072,: "The 'property -is,located-alOng a future'primary .major · arterial and two collector streets. The variety of residential zoning districts is compatible.with exiSting .land uses in.the area. ':=l'he .property is sut~uunded by.the City Of Denton's ex~-~---territofial jurisdiction :(ET J), making it impossible to stabilize or*predict land uses around the majority..of 1his site. The..request .is _~;onsistent :With _'the :..policies :and '/rip .:intensity .~iandards :of :the .t988 _Denton · Development Plan, the 1998 Denton :Plan pOlicies,: the 1999 Growth mana~wnent Plan 'and Strategy, -and the Clraff Land .Use Plan, development of this size wgl have a significant impac~ on.the mobEity of this area of town. It would Z-99-072 PZ Staff Report 10-20-99.dec be fair to attach a condition to this zoning request a requirement that links the development of this property to specific public improvements that will provide adequate protection against detrimental effects that it may otherwise have on the mobility of this area of town. " I move to recommend approval of Z-99,072 finding that: 1. 2. It is consistent with the 1988 Denton Development Plan; It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; It provides for compatible land uses; and 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 0'IA) 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 to the weSt of the existing Trinity Road is reSolved. ' . 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denia. I. 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,d0c 10. 99-072 (Lakeview Ranch) ENCLOSURE NORTH " 'VICINITY :MAP Agenda Date: October20, 1999 11. Scale: None Z-99-072 (Lakeview Ranch) E'NCLOS U~,E 2 NORTH ZONING MAP' Agenda Date: October 20, 1999 Scale: None 12. -99-072 (LAKEVIEW RANCH) ENCLOSURE 3 NORTH "DENTON "MOBILITY iPLAN MAP //~¢/'-Freeways ,/.',/'Prima .fy M a]orArterials / ',,/'Secondary Ma]or'Arterials ~.--".~oltectors ' Agenda Date: .October.20, t999' 1'3 o Scale: None Z-99-072 (LAKEVIEW RANCH) ENCLOSURE 4 :200.500' .FOOT NOTICE MAP.- .- NORT~ Agenda Date: .October 20, 1999 Scale: None ENCLOSURE 5 '-' ~ 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. 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 ]~ntensity Area Development Rating vs. Policy Significantly Somewhat POL]~CY COMMENTS ]Inconsistent ]Inconsistent Consistent Xntent, These areas represent primary housing areas within the City. X Xntenslty. To be consistent with the Allowed ]ntensity = 60 trips/acre Plan, a development should not exceed its Allocated l[ntensity = 12,:t00 trips/site allocated intensity. X Site Plan Control. Strict property development control within :[,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, recreational fadlities and diversity of parks are provided. X Public Pa'rticlpation. Input Ir[to planning by neighborhood assodafions and coundls is encouraged. 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. Nanufactured HouSing. This form of N/A - the proposal is for single-family single-family housing may be compatible land use, not induding 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 commerdal Is strongly land use. discouraged in/or near Iow intensity areas. Z-99-072 PZ Staff Report 10-20-99.doc 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 asummary.of the 1998 Denton Plan Policies applicable to this project: · Denton Plan Policy Analysis Summary ... Development Rating vs. Policy CATEGORY POLICY ~nconsistent !f-~.,.,,~c~.ble~.~'_~ Consistent Transportation..: Compliments Denton's long-Range Thoroughfare Plan. ~::~:~ ~.~,::~ ~ ~:~ ~";"~:£~-¥~ ~;~'~ X Promotes Access Hanagement Prances OpUmlzes operaUons for emergency sauce providers and other public service providers. Promotes public transportaUon system. Contributes to the Denton Trails network. Stormwater Drainage. Protects ZOO-year floodplain areas In accordance w~f~ .. Denton's watershed management plans. Conforms to local subdivision regulaUons. Contributes to regional detention fadliUes, prOvides for natural riparian environment along floodplaln. Upgrades e~sting substandard drainage systems as Infill and redevelopment occur. Water and Develops and maintains property and private Wastewater, Infrastructure. i X ' Creates opportunity for oversizing water and wastewater ~ '~ lines to meet future development demands. provides review of proposed water and wastewater Infrastructure to ensure public safety and health. X Promotes Infill Improvements over new line extensions. X Electric. Pro, Ides underground electric service for new re~tdentisi and nonresidential development. ;~~ X :~;._-~ · .. Solid Waste. Promotes effident access to all development for solid ~.as;.~ ~.~V~e delivery. X 'ParMs and Recreation.' -[ocates Par~s a~ recreation fadlitiestn a~ordance with . ... . ~,.~ :~" . the Parks and RecreatiOn Strategl~ Plan. ' ~~ X . ............ Er, !m~ces I.~i(S arid Tau cc~uu~ OpportuT~u~ for re~d~ ~L~ :.~-;,~_~ X 'preserves floodplain for parks and open space to aid In floodplain conservation efforts. · Allows o3mbinlng of parks with other pubr~c ~aliUes to ~.~.~.~. ~ ~.~ =" :~?~i~. . ~d~ave mst-effecUve derrv~ of pu~c ~c~ , £nv~ronment~ ~ua~. Prom~e~ ~e~en~uo. ocr~tu,~ resoum~ Z-99-072 PZ Staff Report 10-20-99.doc 16. 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy . Not CATEGORY· PoL[Cy Znconsistent ' A~pliceble . Consistent residential neighborhoods. ~'~:,' ..... ~ ~'~ Encourages a mixture of land uses that benefit residents. ~~:~.~ X Protects and preserves existing nelghborhoeds. Promotes blcyde and pedestrian traffic within and between neighborhcc~s to reduce vehicular trips. ~~. X Housing. Provides a range of housing types that appeal to differing ~,~. ~ economic and Individual life-styles. :~~; X and price ranges. X Preserves existing housing, Induding affordable housing. Increases Infill housing opportuniUes. Economlc ConMbutes 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 built 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 alo~j major entranceways. Promotes the preservation of trees and landscaping. ~ X Public Involvement, Provides an opportunity for public opinion during the planning process. Z-99-072 PZ Staff Rel:x:)rt 10-20-99.doc ENCLOSURE'7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOP, A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOP, 408.36 ACRES: OF. LAND TO SINGLE-FAMII.Y .7 (SF-7) ZONING. DISTRICT. cLASsIFICATION AND USE DESIGNATION ON 132.$5 'ACRES,.:SINGLE-FAMI~.y 10 (SF- 10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACKF~, AND' SINGLE-FAMII.Y 13 (SF-13).ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (FJVI. 426) IN THE PROXIMITY OF TRINITY ROAD; PROVIDING FOP` A PENALTY IN T,,~ MAXIMUM AMOUNT OF $2,000.00 FOP` VIOLATIONS THEREOF; AND PR~~ FOR AN EFFECTIVE DATE. (Z-99-072) WI~~I p ' , If of Dieter Schwartz, has ap.p. lied for a change in zonlug for 408.36 aRKe~)o~l~nd from .an Agricultural (A) zoning district classffication and use designation to a Singie,-f 'an~ly 7 (SF-7) zonms district classification and use designation on 132.55 acres, Single- family 10 (SF-10) zoning district classification and use designation on 84.0~ 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 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 81.71 acre :property described in'me legal deserip~on attached hereto and incorporated h. ere~_,e~s, Exhibit A is changed from an Agricultural (A) zoning district classification and uso desolate a Single- .family 7 (SF-7) .zoning di.qtrh~t cia&sit'cation and use designation; l~t ~le z6~tng dishict · classification aUd..usC/tesignation of the'61a9 aero grope, fly ~,.~ .c~ ~X~ega~.d~scdption ~ittached hereto and incorporated hereto as Extfibii B is change~k~"k~J~cmtt~al (A) ~oning 'diStrict c'lassifi~ation and use designati°nt6 a single-family 16 (Sl~ ~ffmg'distiict Classification and use desiLzn,tion; that the ZOning district.classification and us%~desi_,m~ation 'of the 22.80 acre propcu'ty described in tho legal description attached hereto.and incorporated herein.as Exhibit C is 'changed'from an Agricultural '(A) zoning .district"classification and'use designation '~o a Single~ ' :family '10 :(SF-10) zonlng.;~istrict Classification ani5 use ~lesign,ation; that ,the :zoning 'district .~cla.~.~ification.aud a~.~e.'-'d~ a6 on 'of. the ~9L72 ~e:properly deshdbed .in th~ ~l~al .~4~cription attachekl hereto an~l incorporated herein as 'Ex~n'bitD is e~ ~nge, d'fxom an Agricultural (A) Zoning .digt/ict classification ani:l 1LSe ~esi~tionto a $ingle,.fm'nily:13 (SF,13) zoning:district.classification and use designation; and that the zoning district classification and use designation ofth~ 50.84 acre properly rosen'bed in the legal description attached he,to 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'6mPre~h6nsive'zoning ordinance of the City of Denton, Texas, subject to the followingp, onditions: 1. Prior to the issuance of any building permits, adequate transportation inFrasffuctur~ shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department. 2. · That a commitment, for improvements !0 the Lakeview Boulevard bridge over Cooper Creek'i~ approved; and 3. That the amendment to~t_~t~oadway Component of the Denton Mobility Plan (DMP) that proposes a ne~y c~'do~outh of Mills Road for Lakeview Boulevard to the west of the existing.T~pi~X~oX~d is r~olved. SECTION ~x ~t~ City s official zoning map is amended to show the change in zoning district elassifieatb~;"." 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: JENNIFER WALTRRR, CITY~RETARY BY: JACK MI1 LER,~R APPROV~.D AS TO.LEGAL FORM: · :PIERBBRT L~'PROD'TY,'I2ITY ~T~fORlqEY BY: 19. EXHIBIT A Z-99-072 Single Family (SF-7) POINT OF BEGINNING being a ~A" Iron Rod South 87'~ 39' 53" East a distance of 1,762.98 feet to a ~A' Iron Rod for comer; THENCE South 02^ 29' 20" West along Trinity Road a distance of 20306.03 feet to a ~" Iron Rod .for comer;,. ' ' ' . .. THENCE North 87^ 07' 53" West along Blagg Road a distance of 1,403.40 feet to a ~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 for corner;, THENCE North 11^ 41' 25" East a distance of 13.74 feet to a point for comer;, THENCE North 70~.06' 2t" 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 comer; THENCE North 34^ 46' 24" West a disiance 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 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 Nuil;~ 00^.25, 08" East a distance of 304.49:feat.to a point for ¢omerjsaid polnt 13'~ing on the south right-of-way line of Appaloosa Drive (a 60' right-of-way); 3'HENCE North 05^;05' 40" West departing said south r~ght-oT-way line a distance df b"0,00 feet to · a point On the north right-Of~way line of said.APpalOOsa Drive, a cirCUlar curve concave t0 the" Southeastand having a radi.us. Of 63'0.00 feet and a tangent bearing of South 84^.54' 20~' West;,' · THENCE run along the am Of sa~d right-of-way'line through a central angle ofO4^ 58' 57" for a -distance of 54.79 feet to a point fcr'comer; THENCENorth g0^.25'.08,East departing sa~d.north right-re%ray Jine a.dis ,t ,t ,t ,t~ce.~of.588.52 feet to the POINT OF BEGINNING. ., · "Containing 81.71 acres, more or tess. 20. 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 sald right-of-way line a distance of 166.80 feet to a ~" Iron Rod for comer;, THENCE South 02^ 15' 04tWest dePa~lng Said right-0f-wayiine a distance of 880.43 feet to a point for coiner;, 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-wey 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 for corner; THENCE North 02/` 37' 02" East a distance of 3°636.80 feet to 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^ 13' 23" East along said right-of-waY line a distance of.516.45 feet to the POINT.OF BEGINNING. Containlng 61.29 acres, more or less. 21. EXHIBIT C Z-9'9-~072 Single Family (SF-'I O) 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;0~ feet.to a point for comer;, THENcE South 20^ 21' 07" West a distance 0f 52.88 feet to a p~int 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 corner;, 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 on. the west right-of-way I ne 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 583.6'1 feet to a point for comer; THENCE North 87^ 09' 07" West a distance of 76.28 feet to a point 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 distan~e 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 corner; 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 1,157.79 Yeet to the POINT OF_BEGINNiNG. 'Containing 22.80 acres, m6re dr less'. ' 22. EXHIBIT C Z-99-072' (ConL). 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 Monument 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 ~" 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 ~i49.69 feet to a point for comer; THENCE South 25^ 57' 55" West a distance of 232.50 feet to a %" Iron Rod for comer;, THENCE due West a dist~ince 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 I~4^ 51' 02';.Wast a distance of 554.33 feet to a fence'comer post for 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 distanceof856.14 feet to a %" iron Rod for comer;, THENCE Norfl~ 02^ 51' 54" East alorig Tr'mi{y Road a distance of 527.49 feet to a ~" Iron Rod for THENCE South 86^ .16' '~ 5" East a.distance of 669.42.feet 1o a %".Jron.Rod for comer;, THENCE North 'i 6^57'..38" East a'distance of 146;41 ~eet to a %" Iron Rod f,6r comer;, '' THENCE North'82~ 26'-5-'2" West e distance o[=707.37 feet to a'3,'=" Imr~ Pod THENCE North 02^ 51'.54".E. as! along Tr'u'a'ty Road a distance el' 560.38 feet to a %" iron ~ for comer;, EXHIBIT C Z-99-072 -. (Co-rtL) THENCE North 02A 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 continuing along and departing from Trinity Road a distance of 851.47 feet to the POINT OF BEGINNING. Cor{talni'ng 191.72 acres, more or less. - EXHIBIT D Z-99-072 '. ..Single Family (SF-'I3) ~ 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 ai~ng 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 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 comer; 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; -rI-.1ENCE South'57^ 53' 03" East a distance of 124.36 feet to a point for 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 pointJor comer; .; 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 corner; THENCE South 53^ 41' 10" East a distance of 81.26 feet to a %" Iron Rod for comer;, THENCE South 03^ 13' 45" West a distance of 832.91 feet to a ~" Iron Rod for comer;, THENCE South 60^ 26' 45" East a distance o1' 546.59 feet to a Corp{ o'f 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 152J:)9'fe~tl~ a Co~ps. bf E.n~ineerslConcmte Monument rnar~ed Q-296--'W for.comer; 'THENCE South 06^ 56' 29" West a distance 01~296.82 feet to a Corps of Engineers Conci'ete Monument marked Q-295-W for comer;, 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" Easta distance of 149.37 feet to a poin[ for comer;, ·: THENCE North ~6^ 02' 37" East a distance of t68.76 feet to'a Point for cOme~ ' 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 dista~-~ce of 220.14 feet to a %" 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 t~ a %" Iron Rod for comer; THENCE North 46^ 46' 12" West along said right-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 710.61 feet to a point for comer 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 %" Iron Rod for comer; THENCE North 03^ 12.' 57" East departing said right-of-way line a distance of 1,016.11 feet to the 'POINT OF BEGINNING. Containing 50.84 acres, more or less. _. ATTACHMENT 3.. ~ · "- /' NOTICE HEARING Z-99-072 -' .. The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,, October 13, 1999 to consider rezonlng 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-i3) zoning district on 192 acres .zoning distriqt (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 develQp 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 properly within two hundred (200) feet of the subject properly, 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 heating.) 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 inVOlvement and comroent. 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 Commis. sion is informed of the percent responses in support and in opposition. Second, the zoning petition is fo~va~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: ~"~fln favor of request¥'~ Neutral to request Opposed to request .......... .~-.-"t City, State Zip: . ~'~z, JC/~,_~:?~, ~ I~el Telephone Number:.' .'7~ x./-~ S .~-- ~)(3 ' Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST . DENTON, TEXAS 76201 . 940.349.8350 · (F) 940.349.7707 Z-gg-072 200'Nob'ce. doc NOTICE OF PUBLIC HEARING " .: The Pi~n}~,~ -,'~ Zoning Oomml~.,~U~r~ of ~ C~ ~ ~n~ ~ ~ ~ ~ h~ ~. W~n~ay. ~ 191.8 g~' ~ O~ FemJ~ ~ (ST-13), a~ 278.1 ~s of ~e Fe~ ~el~ {~16) =o~ $~m, nero Trimty ~sO. The pu~ ~s~ng ~ll ~ ~ d~ ~ P~.n~g e~ Z~ Co~lon D~ton, Te~s. Bm;susa you own pro~aarty w~thin two hundred (ZOO) ~ Z~g ~m~n ~u~ fi~ to he~r ~ ~u f~ ~0~ ~ req~ to ~a~ ~nn~ a~ [nv~ you to a~end ~e public h~g~, tn a~on, ~u am ~ da~ of~e~=~ee~g. ~p~g e~ ~mi~ ~ p~t;~ ~ ~e ~h~ h~. You ~y ~x~e~rm ~ (940) ~Or, mm~ ~ to t~ add~s be~w, or drop ~ ~ ~: Planning ami Development 221 N. Elm Street Oente~ Tex~ 7e201 A~: ~ OonMd~ The ~on~g P~SS ~cIu~ ~ pu~llc h~ ~ ~ D~e op~nJfies ~r ~i~ ln~a~nt an0 ~m~t. pdor Io ~e ~ h~g~s, ~nd~em ~ 2~ ~et ~ ~ Subje~' pro~ty are no~ of ~e zon~ r~e~ by ~y of~b ~fl~. T~ fi~ ~bJe h~ng Is ~ld before opp~l~. ~na. E ~e Z~I~ ~ ~ ~ ~ ~e C~ ~u~a ~or ~nal a~n. Should ~e · o~e~ ot more ~an ~ pe~t of ~e la~ at~ ~in ~ hund~ ~t o~ t~ eke ~ubm~ w~en P/ease Cleale One: In support of request Neutral to request Opposed to r~Uest Coming: SEE L~TER DATED 10-12-99 ATTAC~ c~,s~p: adaison~ ~X 7~001 L ................................ A~m~Pm~t~n200f~: Aa~acent to ana south of SH-380 ~nd a& scent ~ the north' r°Pe~ty line o~he ~ OF DE~ON, TE~8 Cl~ HALL WEST DENTON, TX 7~201 i 10/12/1999 11:4-3 972-861-8985 COl/ST IHC PA~E 02 VIA FAX (940} 349-7707 Ralph Itu|lard P. O. Box .9721~! ~474 Planning and Develop~mnt Departwom 221 N. I".lm Sweet Denton, Texas 76201 Attu: Mark I)onalds(m RE: Zoning Casc Z-99-072 C~ntlgrn~ll: A~ a property ox, ruer adjacma to this zoning application, I have .~:me conc~'n with the request l~r One Family Dwelling (gF-7) being adjacent to my propeIW that has a Planned Dev~lopmem zoning. Speclficaily the pi) zx>ning on my prop~'ty permit.~ multi-l'amlly and ii,hr industrial u~s that would be adjaecn! to The SI:-7 zoning. The b~l~n~,, ol'the applicant's property tha! is adjacent to my imaperty is., and it is my understanding will remain, agrlvultural and platted for a minimum of one a~c lots, As You ate aware, people will pm'chase homes or home sites and never check ~o determine the. zoning ~nd permissible land uses that is f~ext to them. The problem adse$ when the lbcmfitted uses of multi-family or liBht industrial are implemented. To alleviate this potential probletn, I would suggest the Planning and Zoning Commission require the applicant to continue with the agricultural zoning for o~le aca'e lot minlzuum east of thc e×i~tln,a, platted area east of i.akeview Blvd. R)r a minixnum di~anee o1'700 fern {'.or a reasonablc di~ance that is in keeping with good planning pulicles and practice,s) south ~)f their north pl'opecty line bel~re c(mmmnclng with thc SF-7 zo~dng. Thank you for; your eonaider~ion of this request. ATTACHMENT 4 MINUTES *': -:*- PLANNING AND ZONING COMMISSION October 20, 1999 Agenda Item Date.. I 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. 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 Reporter's transcript.attached to this set of minutes (Page 1)~ . . Motion carries 6-1. carl Williams opposed. · Conden.~ItTM 8 : same dcvdopcr and arc all part of/hc same development. 9 T~jusi hppen to bc across t~ road, across McXinncy 10 S~rcct in one case. So wc can hear both of thcsc at one 11 tlmo and g~ thc staff ~poris and devclopcr's re'port, 12 ct cctcra, and then wc simply have two scparatc 13 Any objection? Okay. All right. 14 In that case, Item I is to continue a 1 $ public hearing and consldcr making a rccommendatlon to I/5 City Council conccrulng thc nv. oning of approximatcly 17 410 ac~ from Agricultural classification to a varicty 18 of zoning classifications including ss-7 on 1 Ii) sF-lo on 85 acre~, and Single-Family 13 on 192 acr~. 20 The propen'y is locatcd in cast Dcaton strctcMng from 21 near Highway 380 to McKinncy Stn:ct ncar Trinity Road. At 22 this tlmc, I'll opcn thc public hcarlng. 23 Agcnda Itcm No. 2 is to contlnuc a public 24 hearing to consldcr making a rccommcndatlon to City 25 .C°uncil conccrning thc rczoning of approximatcly 48 : ·Page I acres of land from the Agrionltuml classification to a 2 . Planned Dcvclopment zoning classification allowing thc 3 development of 280 single-family rcsldcnccs. Thc 4 property is located in cast Denton south of McKiuney 5 Street approximatcly 3,000 feet east of its intersection 6 with Trinity Road. At this time, I'll open the public 7 hcaring for that Agenda item, as well. And I will ask 8 Mr. Reed to provide ,us with the staff report. 9 MR. REED: Thank you, Chairraan Engelbr~cht, 10 and good evcnlng, Commissioners. I'll simply skip the 11 usual paper that wc go ovcr. Is that all fight? Thc 12 . public proceedipgs, the public hearings proceedings, is 13 thatall right since it's just one hcaring tonight? ' . 14 MR. ENOELBRECHT: Yeah. 15 MR. REED: This Was up here -- 16 MR. ENGELBRBCHT: Oh, yeah. Let's review 17 the -- thank you. I forgot to revicw the proced.ures for 18 public hearings. The Chair will open the public hearing. 19 Following that, thc staff will read its petition, givc its 20 ~port, and make a recommendation. Following the staff 21 r~port, that's number three on the overhead, thc 22 petitioner will be g~ated ten m{nutes to speak to the 23 petition. And foliowing that, persons in favor of thc 24 petition will ~ach be granted an opportunlty to speak. 2S Followlng that~ po'sons in opposition to tlm p~tition will 1 2 $ 6 7 8 · · ~ ~Page1 bo sraned an opportuulty to sp~. And if th~ is " oppoSiffon, ~ n~ sk ~ ~mc h~ phy and ~ffon~'~'~ ~o~ fi~ ~nu~ ~ s~ in ~ng. S~ ~sslon ~o~on. ~sslon~ ~y ~t ~y ~ ask qu~on~ of ~nyon~ 14 and cnD un ~ s~ff ~t ~y ~ and ~y ~djo~ ~ clas~ ~sion as ~Do~ by ~w. ~a~ you, ~. R~. ~ 19 an~ band, on 20 ~ct for ~ smaD lot d~lopmcnt 22 pubic no~ce 23 ~ng and ~s of ~y ~'v~ ~v~ no ~poas~ for . Page ' I · the south of University Drive, staff sent out a total of:.. 2 13 notices to property owners and as of this t~e received no direct r~'ponses as far as the forms that 4 we've mailed out. I have given to the Commission, $ howcvcr, a letter typed up by a property owner in the 6 arca indicating their support for the rcquest. So 7 public notice was dpslly noted. A courtesy notice had gone out prcvinusly but I don't have thc numbers in 9 frontofm¢. But that was sent out origlnally for this request. Both of these properties werc part of a Planned. Dcvclopment, which in 1997 was rczoned back to Agricultural. Back in September of 1990 this entire property was zoned including what is now Lakeview Ranch, thc one-acrc subdivision that is alrcady out thcrc and is not part of the request tonight, was zoned Planned Dcvelopment 126 for a mixture of residential lot sizes. So now we're ironically back herc tonight to look at a rcquca to rczone it from Ag to a mix of residential lot sizes. I would like to state that one at' the most important parts about this zoning rcquest involves its 23 impact on traffic or transportation infrastructure. And I would llke to ask if the Commission. has any concerns 25 about traffic~ that maybc wc look at that f'u'st as Jerry l0 11 12 13 14 15 16 17 18 19 20 21 22 PLANNING AND ZONING OCTOBBR 20, 1°'~'~ 31. P~el-P~e4 Page 5 Clark is hero to answer that and I want to gi~/e:the Commi~4on full time to sp~ with ~er!Y if there are any concerns that they have before I ad_d anything else or glvc staff's recommendation. MIL ENGELBRECHT: okay. We would like to hear a report on where we stand with regard to the issues of thc road and tho bridge. . ~ g~D: The reason i'bring this up is · Jerry Clark has a time schedUle tonight. I want to make sure we have enough time if you have questions to have that discussion. ER. ENGELBRECHT: Great. Okay. MR. CLARK: Members of the Commission, basically, we've been working with the developer. The transportation issues are not completely solved yet but I think we'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 on that if you want or just tell you that that's still up in 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I the air. The developer wishes to move it outside of his 2 development and that would move it to a route to the 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 where the cars will go immediately anyway. We're not 6 sure that that other route, where we will get no immediate 7 right?of-way, helps us and so we feel that these can be 8 worked out but they haven't been as of yet. 9 The lower end is contingent on the upper 10 end. Obviously, your zoning Case 46, I think is the 11 number. And if the road is moved over to Trinity, it ' .wffi. use the.sam? bridge as what WoUld have been used 13 with that most western route and that is a shorter 14 bridge and will actually savc on the cust. TheCity 15 will probably be the one that ends up building that 16 unless some other huge development comes into this area 17 and changes the whole make-up of it. You're probably 18 looking at a multi-million dollar bridge to get across 19 Pec~__n Creek then:. So this move over will save and that 20 will happen ~ithcr at Trinity or ff it's moved farthcr 21 west. 22 I think there's one other issue. One ofth~ positive benefits if Trinity is used is it would be 24 upgraded immediately. It's Idnd of a seal-coat road. We would upgrade it to City standards. I think that's the I majorlW of~t~ issues. ~ mst ~ela~ 3 ~pi~y ~& ~ol~g ~ ~ of pa~t l 4 m~ds, of ~ ~do~ W~ ~o~ ~rov~. 5 Obvio~ly, if ~ Sm~ com~ h on Mc~nn~ S~ w~ch 6 som~ of you ~vo ~ on ~ bond co~ ~d ~pmv~ 7. ~t f~ ~ ~ don't ~vc ~ do ~y of ~ose 8 ~prov~. But most 0f ~o~ on~ 'm on Ci~. 9 s~ and woMd ~ ~vo ~ ~ dono'by ~s d~elo~ 10 or a d~elo~ ~t d~elops ~fom ~n. ~ ~t ~lp 11 you an~ 12 ~ ~ELB~: m ~ qu~6ons? Y~, 13 ~. W~. 14 ~ WmL~S: 1 ~s in la-la ~nd w~n you 15 mentlonM who woMd pay for ~ ~on do~ bfi~. 16 ~Md you ~t ~ 17 ~ c~ ~ ac~l crossing of P~an 18 ~k is probably going ~ ~ a CiW ~n~. 19 ~t'~ ~ one at ~ $ou~ end ~ 20 ~ and ~t ~ ~ a mMti-~on do~ b~ 21 by ~ ~ it's aB done but ~t'a ~sential 22 ~ conn~6on. 23 ~wtLt~s: okay. ~ ~at c~ntly 24 ~ En~n~ng bu~ ~b~c Works bud~t? 25. ~ c~ It ~ selby probably end up · Page8; 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 Ma. Ct~X: 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 g probably several years off which means 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. ENOELBRECHT: -Mr. Williams, docs that 14 answer your question? 15 MR. WILLIAMS: It left me a little bit more 16 confused. 17 MR. ENGELBRECHT: All right. We'll go on 18 and then we oan come back. Ms. Gourdie. 19 MS. c.,ouR~m: That's what I was wondering if 20 you could show tls a visual as to what you'r~ 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 apologi~Te.~ This is -- the current 25 Thorouglffare Plan calls for it to either come here or on l PLANNING AND ZONING OCTOBER 20, 199° . Page 5 - Page 8 32. 1 2 4 6 ? g 9 10 11 12 13 14 16 I? 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 22 23 24 Trinity. Those options were put in in Decym. ~ bet. of 1998' ' so if you look at your eld Thoroughfa!~ Plan, ! mean, the existing Mobility Plan, .as it's called, it shows it coming right here thro,~h the development. The developer is interested in moving it out et that section. They've already built the two lanes up here and it any more lanes are built up here, the City will construct those. ..'.' · .' .. ' This section.' they want to have more et a residential character. They've proposed to move it over here. I think we're right now tending to think this is the better solution since there's no fight-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 crkical link to make sur~ that traffic can como between hoe and here without just completely loading up thes~ two rural roads. So they have a significant amount of traffic 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 solutlon. .,--CondonseltTM ... 2 h~d~'s pro~ ~d ~t g~fl~ we de not ~ow 3 ffhe ~ohld gve d~t-of-~y. 4 ~ M~L~ W~ not ~t? "' ' 5 MS. ~IE: rm ~. W~ ~t. 6 ~d ~ ~t's pdva~ pro~ fi~t now, I ~lieve 7 aH of ~ we~ ve~ ~n~ that ~s may hOVer ~omc 8 pubHq d~t~of-way ~d ~.iS why ~o Tdpi~ R~d ~ 9 cho~ ~ ~ ~afivo Mob~.Pl~ obj~tive. Okay. [0 So I'm -- ~ ~t's nil d~t now, so 11 old Mob~ PI~ ~ it's ~ l~ng in ~it. 12 Okay. ~at's what I n~ to ~ow. ~s is why it w~ 13 v~ ~n~ing ~ 14 MR. C~: I'm glad you bro~t ~at up. 15 ~at's a vc~ g~ point. 16 MS. ~U~IE: Th~ you. 17 M~ C~: App~ia~ it. 18 M~ ~GELB~C~: ~. ~I. 19 . M~ ~SHEL: ~ ~ pro~ adjoin or 20 touch ~ ~e pro~ to ~e sou~? 21 M~ C~: It ~m~ ~t W ~e cr~k and 22 ~ obviously on ~e o~er side ~at is 23 So fi~t h~ ~oy're opposite sides of the cr~k of 24 P~ Cr~k. 2~ M~ ~NALDSON:' I ~evc ~ ~ is · Page 10 MR. RISHEL: 'rho$o two roads ar~, what, Corps of Englnccr land. Mills and Bhgg? MI~ ~ Yes, this is Mills and that's Bh~g. Ms. O01.rROI~ ! guess I'm perplexed bccaaso didn't w~ alr~dy adjust our Mobility Plan at a previous MR. lusfi~L: s5 ~ don't physically abut7 MR. DONALDSON: correct. M~ R~SHEU okay. Thank you. ~ ~OELB~: ~. W~s. meeting h which wc w~re going to chang~ it to th~ middle mut~ that you're proposing which is Trinity Mills? I believc wc had a big meeting about that, didn't we7 lv~ DONAt~SON: WC had a brlct'mg. Tl~ Planning and Zoning Commission made a xecommcndatlon on 7 little bit more about this Mobility. Plan that has 8 something lo do with thls property because I'm tr~ing to 9 find out -- beeause what I heard was the Mobility -- thc 10 r~commendafion is bas~l upon thc approval or disapproval 11 of ~fis zoning. And maybe I beard that wrong. that amendment.. That's n~Ver been taken forward .to Council Pending r~solution of this zoning ease~ ' · basically. MI~ ~ That's a good point. MS. CoOURDIE: okay. So pending resglutlon of this zoning case,, the recommendation wasn't put forward became w~'r~ waiting on what's happening hexe. Oh, wow. MP.. ldCl,,'mLla what was the recommendation? MS. eOb'ROlm 'that vm switch tbe Mobility Plan, which orlf~dnally showed tho outa' loop which went along the !a~te. the~ to tho other dotted line which is Trinity Mi!Is because it was supposedly economically more feas~le. The problenl with tbe third route, which 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CLARIC: okay. Let mc start over on that. On tho Mobility phn'it outlines om' goals for ' . transporlation for the next -- MS. WmL~MS: I understand what a Mobility Phn is. MP. Ct~,~ Iknowit. I'm just h-ylngto Icad into it. I apoloigz~ ff that was not ve~ -- MR. W~L~.~MS: La Oth~' Words, I don't want io be here till 2:00 o'clock. MR. ~ sure. If you want to change Mobility Phn, what it rcqulr~ is an amendment What thc d~v¢loper had proposed with this amendment, when we came in we proposed that this would probably be tho beucr solution and i]~ developer was not ~n ag~nent with that Page PLANNING AND ZONING OCTOBER 20, 1999 . Page 9 - Page 12 u jC°ndenseltTM "' I 2 3 4 ? 9 10 11 12 13 14 15 16 17 18 19 2O 21 25 Pa~e 13 at the'tlme and we are negot!atln~ with them now. But the official amendment has not prOCeexled on. If we go with Tgnlty, it was actually shown as an alternate and we'll cl~ck with legal and s~ if all we have to do is &lete one of the two alternates. This was shown as one alternate and this was shown as another. This was shown as the primary and this was'the alternate. We'll s~ if al.1 we have to do is delete that off and wi re~ll, y don, t' have {o have a hearing or we may have to have a hearing. I have some improvements to it.' 2 MS..GOURDIE: But this is outside of tho 3 property o~, of the development's property? 4 ivIR. CLARK: It'S outside thc preperty owner 5 but if thcy run 1,000 trips a day, then wc want to makc 6 sure that we've looked at that carefully. 7 biS. CK)URDIE: ,and is it in our ability to have 8 them fix the road. up to -- 9" · MR.cLAI~: To' the amoUnt that thcygenerate We haven't confh'med that yct. Once this issue is resolved, then wc'li do it. But thc amendment of thc 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 henrd that this Commission made an amendment and it's sitting somewbere someplace. MR. CLARK: They made a recommendation to the City Council. MR. WILLIAMS: okay. It left here and went. to City Council. MR. CLARK: 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 p~sued or 10 tho 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 was that resolution 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 here? And we had this same 20 discussion about shall it come right straight down or 21 shall it go west and that was the resolutlon we passed 22 forward. Okay. Thank you. 23 MR. CLARK: It was in late August, early 24 September. 25 MR. ENGELBRECHT: If wc recommend -- let's . ... page 14 City Council adopts it or adopts something different. 2 MR. WILLIAMS: Okay. Before I can vote on 3 this, I'm going to need to read that amendment because I'm' 4 voting in the dark if I don't read that. 5 MR. CLAR~: okay. I'll get that for you. 6 I'll go down and run a copy of it and get that for you. 7 MR. WILLLt~IS: Okay. Thank you. 8 MR. ENOELBRECHT: MS. Gourdio. 9 MS. GOURDIE: Are the roads Blagg and Mills 10 able -- I drove down them when I went through this 1 ! property and they are very rural, to say the least. 12 Where are'We going.tO s~nd the property while we -- 13 tbese people -- I menn, I guess what I'm trying to ask is 14 build-out time versus time for the roads, are we just 15 going to be putting undue stress on these rural roads. 16 for these folks that llve there or what a~ We really 17 going to be doing here? 18 MR. CLARK: They are very rural and that's 19 one of the things that we're negotiating. I think it's 20 Mills is the one that is proposed to carry 1,000 trips a 21 day. The impact on this one is minimal. But this one 22 is proposed to carry 1,000 trips a day and one of ihe 23 tM~gs that wc're -- and that's one of the things that's 14 not resolved yct is that wc're not so sure if we'r~ Z5 going to run 1,000 trips a day on it that it shouldn't : Page 16: I assume for a moment that the Trinity Road, since that --.: 2 was our recomr0endation let's assume that's the route a that's going to be taken, what will be the requiram~nt 4 of this developer with regard to that stretch from 5 MeKinney to the new Lakview Boulevard? 6 lyre. CLA~: That's also one of the things that 7 still hasn't been settled, what impact that -- they 8 haven't agreed on the impact and what they are willing 9 to improve yet. Do you want me to tell you what we're 10 recommending? 11 MR. E~OELeRECHT: Yeah. I want to know 12 because I'm not at all .comfortable with trying to move 13 any of that traffic down'those little roads and then 14 over to Mayhill. That's why this whole plan was put 15 together,.Lakeview Boulevard and the design was to --the 16 purpose was to carry that traffic from this area through 17 there. 18 MIL CLARK: We're recommending two lanes be 19 improved from here to here and that this brid~e be 20 installed, two lanes of it. 21 MIL MCNEILL: On your map there -- excuse mc 22 for interrupting -- on your map where is University, 380 23 -- McKinney, where's McKinney?- That's MeKinney right 24 there. Okay. 25 MR. ENO2LBREeHT: 3~Q', when you say PLANNING AND ZONING OCTOBER 20, 1999 - Page 13 - Page 16 34. 6 7 9 I0 11 12 14 16 17 18 19 2O 21 22 123 24 :. 'Condens~Itm Page.17 improved, are you talking curb, gutter, two-lane curb I l 2 and gutter? 3 ]viP,. CLAret: YeS, two-lane City standards. 4 ~ l~aslmREcn'r: All right. Yes, Mr. S Rishel. 6 MR. RISHEL~ AS you talked about thc road 7 that comes down from University south and R's currently 8 two lanes. Is that whatyou said, Je:~' . · 9 '.' MR. CLARK: .Yes, two lanes from here to 10 here. 11 MR. RISHED And you said if we wanted to 12 take that to four lanes, we'd need to do that on our own 13 as a City. Do we own the right-of-way on that? 14 MR. CLA~: Yes. There's 80 foot of 15 right-of-way. 16 MR. RISHEL: Thank you. 17 MR. ENG£LBRECHT: Okay. Other questions? 18 Well, I think that answers my questions with regard to 19 the northern llnk from MeKinney up. Basically, what we 20 need is a condition that until that road is repaLred and 21 that bridge is built, nothing goes anywhere. That's the 22 way I see it. 23 MR. CLARK: That's generally what we're 24 recommending through those conditions that Planning is put 25 in the report. ' ' "- ' ' Page . MR. ENGELBRECHT: Okay. Now going south, now we've got the other llnk of this thing. Now, right there except is it now fight there or is it moved over Jmroediately across Trinity Road? MR. CLARK: If this is moved and they really have no impact then this becomes a residential street. This becomes a residential street and this will really become somebody else'$issue. This one will lac -- when the, so properties develop, then we'll get this section. You had a zoning case come in I think for a mobile home community, that gives you some opportunities there. Iv~ DONALDSON: Yeah, that's gone away. taR. ENGELBREcHT: But that's the problem with moving it over to Trinity Road is is that all of a ~udden that link right there now becomes a piece in waiting, ff you will. If we had taken the eastern route, then this developer would have been required to construct that link of Lakeview Boulevard? taR. ctmuc: ~ight. MR. ENGELBRECHT: Could I get that other one back up there? All of a sudden you switched maps on me now. Thank you. ~ CLAR~ Basically, we would have got it 2 3 4 $ 6 7 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 tMnle we're going to be all fight with this if we get, ' since it's. ,c.c. nstrueted hem, ifw¢ get this bridge in place ,and v~et. the two lanes down to here because, lot of tbetr traffic will use their residentiai ~xeet. This "' sort of U'affie will feed down. Some bere might come up and use this. taR. Ei, ra~LnR~ctrr., well, fight. · ~a~ CLAret! ~ lot ofthelr traffic, but th~ 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. MR. L~XrOELm~ECHT: Exactly. But we're losing that link that they would have built two lanes fight there? ~ CLA~X: yeah. This link which would have been on there is not going to be provided for here. So, yeah, we are losing that. taR. PaSff£L: But it's a lot less bridge to cross. taR. CLAret" Yeah, we are saving some money with the bridge. This bridge is going to be between 500 and $00 feet shorter. MR. EN~Et. BRECitT: Okay. All right. ~ CLsaU~: So that's going to reduce our costs. There are two bridges this way but they're still Page" shorter than the one that comes across here. ~,. MR. E~GELBI~ECHT: And The Preserve will build up -- MR. CLARK: I know now, I apologize, I need to mention before, the real advantage which they've brought up all along on this is a thoroughfare over in this area, over in this area, is really serving -- which it's serving this area, it's better to have it in the middle than it is clear over on one side. MR. ENGELBRECHT: Yeah~ and thc bridge is down to here but they don't generate the need for this bridge but w~ would have had it from hem. Thc thing is I. 11 shorter. 12 MR... CLARK:. That's th~ major benefit, we gain 13 - arid I think the benefit Of that hOpefullY 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 MIL ENO£t~REch~r: Okay. Now, The Preserve 18 will bring it up to where? 19 MR. CLARK: The Preserve is going to bring 2o it up to right her~. 21 MR. ENOELBRECHT: All right. 22 MIL CLARK: That's Pecan Creek. This is 23 Pecan Creek right here. 24 MR. RISHEU South of thc creek. 2~ MR. CLARK: Yeah. That will stop on thc PLANNING AND ZONING OCTOBER 20, 1999 35. P. age 17 - Page 20 .CondohsoltTM . .. Page 21 I ~outh side. : ' 2 M~ E'~OEL~P,r~gltT: Yeah. So wc ~vc ~ fi~ 3 out a ~y to get ~g bd~e in ~d get ~at li~ do~ h 4 or~ to ~ ~at ~1 ~ ~y up. 5 M~ ~: Y~. 6 ~ ~OE~C~: ~d what's ~c ~a~ on 7 . ~t li~e li~, not ~e bd~e, but ~e H~ of r~d for 8 ~o 1~? : 1o ~R. ~eLe~: ~at's ~ do it. ~at'8 not 12 M~. c~: No, not to a~u~c d~bof-way. 13 Y~~c~: ~8~ng we have ~e 14 H~t-of-wef 15 MR..ct.x~z: PAght. 16 lVliL IUS}mL: Is them any leverage in that? 17 MR. CLARK: ff the developer gave us a 18 right-of-way you could probably count that as a 19 levcragc. Thero is no Stato involvcmcnt on that. Thc 20 thing that thc State is talking about working is working 21 with thc developer through a bridge program to try to 22 get this bridge in place because thc State would like to 23 sca this in to help. They're awarc of thc congestion hem 24 and this w0.uld actually help some along -- when 288 is 25 being built.relicvc a little traffic, too. 1 2 3 4 5 6 ? 8 9 10 11 12. · 13 ' 14 15 16 17 15 19 20 21 22 23 24 25 : 'Page 22 MR. E~GE~BPaSch'r: Are they going to assist us with that larger bridge at this point? MR. CLARK: We have no offers yet. MR. EHG£LBRECHT: Okay. You don't have any? Okay. Ail right. MR. CLAPaC: This is an existing bridge so the program they have would put some money into it. There is no bridge here.,. MR. ENGP. LBRECHT: okay. Any other questions? Thank you. And you're going to get the -- MR. CLAR~: Copy for Mr. Williams. ., MR. EN~ELSP~Crrr: Okay. Very good. · MR. WILLIAMS: Thank you~ ' MR. ENGELBRECHT: Mr. Recd. MR. P,~O: I'll start off by correcting myseff earlier. I did forget that we have received three responses from property owners. Two of them are in favor. They did not writ~ anything but they ar~ 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 ina show the zoning map also demonstrates that that particular propmy located up here is in Po-12s. Ihad mentioned 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...t~.o PO remained and that ~ the northern 3 portion and t~"t'was for non-r~identtal uses. And also __ 4 another portion was kept. But the portion to the north ; 5 of this property is for non-residential uses. I think 6 there may be some Multi-Family, as well. ? MIL DONALOSON: 3'hem's General Retail, 8 Multi-Family, and Light Industrial.' 9 MIL REEO: And it's important 'that I Point 10 that out because the concern of the property owner up 11 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 D~velopmcnt zoning 14 designation. And often the Commission is sensitive when 15 there's diff.ercnt rcsldential 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 gerry Clark for going over 20 transportation so eloquently. That is, of course, one 21 of the major issues of this zoning rcquest. Theotheris 22 its compatibility with surrounding zoning and its 23 consistency with our Comprehensive Plan. Concerning 24 those issues, I'll address that we find at staff level 25..tha~.th¢ rCzlucst is consistent. And if you look at thc PLANNING AND ZONING 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 " : Page 24 request for th~ l~roperty'on the south ride of MeKinney for 5,500 square foot lots and balance that with the remaining property, some 410 acres where they're going for a mix of SF-?, SF-IO, and SFq3, we find that in total this request offers a mix of lot sizes and, therefore, provides something that is consistent with our Comprehensive Plan, as well as the 1998 Growth Management Plan and land use, draft Land Uso Plan. As far as its compatibility, well, there's not much out there right now except for some single- family residences on larger acreage and a lot of And, of course, we don't control .the property adjacent to the request.Which is already in the gr~. so we do . find this consistent and compatible in so far as it can be with existing land uses. And I'll point out that the developer is also -- the applicant in this case is also the developer of the Lakeview Ranch property wMch is thc one-acre subdivision with 155 lots that's already out there. So I think he can best address how is this compatible with one-acre lots. I'll be happy to answer any questions. MR. ENOEI. BRECHT: Questions, Commissioners? It appears not at this time. Thank you. Is the petitioner or petitinner's representatlve present? If you would give us your name and business address for the OCTOBER 20, 1999 - page 21 - Page 24 36. · ' Con'donseltm . .. 10 I1 12 13 14 16 17 18 19 2O 21 22 23 24 25 1 2 4 6 7 8 9 10 11 Pag 2S record. · lv~SPAlt¢: My name is Paul gpaln. Business address is 700 Lakevicw Boulevard. We're the only ones out there, basically. If I could start out by telling you about our tn'st phase. The entire project is 735 acres. The first phase which we are &veloping out at Lakeview Ranch here that you .s~ is 157. lots on 273 8 ' acres. A huge ih-st phase,' all lots one to five acres . . 8 9 in size. In thfit project we have started on .thc amenity 9 center and we've started on the entryway offof380, we've 10 paved 1,000 to 1,200 feet ofentryway offof 380 toget 11 the address on 380 and get the look. 12 The amenity center, sales center is under 13 construction now. As you sco, it has very much of a ranch 14 feel. That's under construction about 2,000 square feet. 15 That will house a pool in the back for the community, 16 community rooms, kitchen, restrcoms, and also a sales 17 office while there is sales going on out there. 18 We also have plans for the first phase, 19 horse trails. We've met with Ed several times and since 20 we back up to the Corps, we'd like to turn the dirt bike 21 trails into horse trails and have a little b~tter. We 22 do have some of the lots d~xl restricted so that they 23 can have horses. Some of them are large enough too where 24 you could go out the back of your lot directly onto the 25 ... page 26 CorPs land and ride and tie into Lake'Ray Roberts. It 1 would be really beautiful. If I could walk through the 2 project sort of phase by phase becanse it's awfully large. 3 .................... . ' '.7 ' 5:-'..P. age 27] of engineer property over l~... Again, it does have'~ higher zen;nS to the north of ~t. And to tho south of it, it has prob~'t¥.that was also part of thc original Bass and has patio homes and five and eighf unit per acre residential zoned here. That's the reason for the 7,000 square foot request here as the minimum site. B~ause of our neighbors, as they develop, we're looking at I'm not sure, who was thc letter in opposition from? MR. ENGELBRECHT: Mr. Bullard. MR. SPAIN: He's our neighbor to the north. Mr. Bullard actually grew up right in here. · MS. GOURDXE: .I~5 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 ' industrial multi-family on one si& and intensity Of five to eight on the other si&. However, ecrtainly if we are successful with what we're proposing and developing now, we will continue doing so. Again, this is a minimum. With the zoning around us, we feel like that's a good land us~. Tract B is tt~ hact parallcllng A. Spotted trees up in this area. It goes along the creek, originally planned for one 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-10. Another part of that tract is a 15 acre parcel down here which goos along thc 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 thc organic farm here as it swings over to the east. Bu~ from this ' ' Page Part up, it adjoins the corps and is a solid lot ~f woods and it's just gorgeo .ug.: Tbere'.s quite a bit of topography. Again, that was one of our original reasons 12 ' Retail, Mu. lti-Family and Industrial. This land for the 13 . most part is fiatother than it has' some mesquite trees. 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 becans~ of the topography. Wc feel 7 like tho 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 flat and has a water tank. We have a plan 10 there to give to thc school system, a school site for an 11 elementary school, 12 and a half acres. They*ye requested 12 that it have a park next to it so'we arc also going to 13 give a park two and a hail next to iL so the school slte 14 Mr. Builard also owns ovcr here to thc west. He worked 15 cooperatively with us to give us thc 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 fenea to really improve 18 the area. He's been cooperative. Thc property adjoining 19 that would be parcel A is about 82 acres and is basically 20 treeless. There are a few tree~ down here in this comer 21 andsomcovcrhcrealongth~cr~k. For thc most part '2 it's pretty fiat and wide open. Again, it was our. - intention that Blagg Road would be eliminated once 24 Appaloosa is put in. This place we call tho enclave 25 because it's sort of a privat~ little area. It has corps PLANNING AND ZONING 14 will be 15acres. 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 llke 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 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 ~ a motorcycle track and they put thc tires at thc exlgo 25 of the tums. Wo thought somebody was dumping ~ out OCTOBER 20, 1999 P~o25-P~028 37. ~: Page 29 ~ by t~ thousan&~ n tubal out ~1 ~ w~ mhg those for thdr motorcycle tract.. But v~ haven't explored this, nitho,~h you can see it's a litt~ woo&xi. TI~ topography is fairly flat. It would bo a nice little community wlth th~ corps on tl~ back south sldc. So v~ plan hero that would allow an area wb~'o you would have 1 2 3 4 $ 6 ? people that d~dn't want a .largo lot, would allow somethlng 8. mo~ ~a;n~nab~ a~ln, d~ ~c~ g~y 9 Con~o~ m0~ o~ space in'~ ~. 10 In tl~ overall 735 acr~, overall density of 11 2.3 units P~r'acr~ no co~cial, no a~c~ ho~ins, 12 a~ slnglc f~ly a~c~ ~ng, ~ wc ~d ~s plan, 13 as ~ c~ up ~ i~ ~ eno ~ng ~ ~d is w~ ~d 14 public ~ngs in ~ co~ ~ ~ w~t ~ co~i~ 15 felt about it a~. ~ f~st one w~ ~ no~ 16 s~on. ~ s~ond one was for ~ ~ s~tlon of ~ 17 p~. ~d ~ ~d was for ~ sou~ s~fion. 18 M~k a~d~ aH m~finSs. Wo ~d ~ from 20, 25 19 ~plc at ~ v~o~ m~fings ~ ~ w~t ~k 20 and con~s ~. ~d I don't ~H~c wc ~d any 21 opp~ifion ~ any of ~. Wo met ~ ~ nei~borh~ 22 and I ~ ~ haw ~ suppo~ Wc ~ ~sslng semc of 23 ~ o~ in ~t nci~borh~. ~. McN~ has como 24 a~in. S~'s onc of o~ n~i~boa ov~ ~ on ~s 2~ pi~c. ~ o~ ~. and'~s. Ya~n ~ one of ~ ~ I Parcel C which is just under 200 acres in tho sort of 2 cents' of $.0. property. Parcel D is 51 acres will have the school iit~''north side of McKinne.y..And then parcel 4 E which is our PO. 5 MS. GOURDIE: Thallk you. 6 MR. ENGELBRECHT: Mi'. Moretlo. 7 MR. MOP, ENO: Yes, sir, Mr. Spain. Have you 8 seen this letter or fax from Mr. Bdllard?. Mike, is it 9 aPPropHat6 to share'this letter with Mr,.Spain?' I0 Mr. Spain, I'm not sure what he's asking for here. I'm 11 having difficulty understanding his suggestion. I would 12 like for you to kind of interpret that for us if you can 13 or if you have a better understanding than I have. I'll 14 give you a moment and be quiet. 15 MR. SPAIN: I think be's asking for a 700 feet 16 buffer of one acre lots -- isn't that right what it says? 17 MR. MORENO: That's what I think it says. 18 What's your reaction to that? 19 MR. SPAIN: It's normally the other way 20 around. 21 MR. ENGELBRECHT: DO you have any other 22 questions? 23 MR. MOP, ENO: No, I just wanted to see if you 24 wore reading it the same way I was. 25 MR. SPAIN.: He is concerned that as people 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 Page 30' houses here that arc in thc middle of the project. And Mrs. Wilkcrson and her husband live up here in the comer. We've tried to work with the neighborhood on all the different issues that come up as we develop in the area and hope that we have their support. We'd certainly be open for any other questions. MR. ENGELBRECHT: Commissioners. Ms. Gou~die. MS. GOURDIE: Mr. Spain, I guess I'm a little perplexed, could you just clarify, again, for me one more time, the northern half of the property, right above the pha~ !; you said thgt they ~Vould be SF-7'$ which would be abutting the I'D to 'the north of the property which would bo followed by a tract right underneath it, correct. I believe that is the -- what was thc zoning on that? " MR. SPAIN: Five to eight units per acre patio homos. MR. DONALDSON: 'That's a remllant of PD 126. MiL RISHEL: someone els~ owns that? MS. GOURDIE: I ~ is that part of what we're discussing tonight? What exactly are we discussing tonight? MR. SPAIN: we are discussing parcel A which 25 ~ is to our north and ~azt. Parcel B~ 85 on our west. · Page 32, 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. SPAIN: That would be my perspective. 6 MR. MORENO: Okay. Thanks. 7 MIL ENOELBRECHT: ML McNcill. 8 MIL MCNEILL: In response to Commissioner 9 Oourdie'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 ' -' MR. SPAIN:' EXCUSe mo.' That is right. They 13 do h~ve 46 first.. ' -' 14 MR. MCNE1LL: That*s the only thing we are 15 considering right now. 16 MIL SLAIN: It is confusing. I apologize for 17 that. Because of the different PD VerSus straight zoning 18 we had to separate that. 19 MR. MCNEILL: Lgt me follow-up on that then. 20 In your drawing there, let me see -- show me where 46 is. 21 That's this piece right there. 22 MR. SPAIN: It'S just north of tho creek. 23 MR. MCNEILL: Right. And the blue is the lake 24 out here to the right? 25 MR. SPA.IN': Yes. Okay. PLANNING AND ZONING OCTOBER 20, 1999 P. ago 29 - Page 32 14 15 16 17 18 19 2O 21 22 23 24 25 Con'd ns ItTM ... ....................... . ..... I Y~ MCN'~ILU okay. But it ~ ~ compah~ I a ~y ~!q~ ~ We'~ up h~ ~ of ~ a ~d~ 2 ~tofyo~clopm~C ~'snotan~n~ 2 ~p~o[~.Togct~plch~,wc'~go~g~ 3 . s~i~ a~ut 46, 2 ~? 3 ~ve i~ ~'~c'~g ~i~. ~d we've got ~ ~vc 4 ~ se~: ~'s j~t on ~ o~ side of 4 ~c ~, wM~ ~plc lovc, ~d c~'~ o~ ~ ~ T~V. 6 ~ ~o~e~: ~. ~I. 6 ~vc a liRle f~r to go W. And ~at's what wc'~ 7 ~ ms~ wo~d yo~ w~lc you'~ ~ng 7 in ~c pr~ of ~g to do. 8 about~tp~l'andDa~w~gshowm°~ac~s~ · 8 .. - ' M~-t~S: ~you.' 9 '~ - ~r.po~fi~ ac~s ~'~ ~s~pro~. 9 : M~ ~GE~: ~. McNeil1. 10 ~ sP~: w~t ~ ~ about ~ ~ is~ 10 M~ M~D I fo~ot to m~tion ~at I 11 again, 12 hck of a ~ wor~ m~d~ up in ~ and ~n 12 ~fom 4:00 l~t w~k. I ~ you for volun~ng to 13 follows ~ ~d. But g~t in ~o~ ~ it com~ 13 move to ~s eying. 14 ~t ~ ~ so soh~l wo~d ~ on ~s sldo and 14 M~ 8P~: My pl~. 15 ~aug-a~in,~mp~phyis~tonit. 15 ~.~~: O~erq~tions? I'vegot 16 ~ wo~d ~ a ~t l~afion for s~c~ riel&, ~onal 16 ~ver&. ~e is~ of &e a~ to ~ ~s l~d, I'd 17 ~ngs. H~ was ~o ~ng ~ o~ ~co~t ~at 17 l~o to ~r ~dersmd what you and ~e P~ 18 itwo~d~n~w~ac~sin~co~s, in~ 18 ~p~t~ngabouganm~rofacresofyo~ 19 1~ w~ch ~'w ~n ov~ in ~no and SourCe and 19 pro~ or s~ply just a ~aR a~ss ~ to get into 20 ~'vo made ~dom 21 a~. ~haw~tb~o~andaHso~of 21 M~SP~: what ~h~ sho~ an in,rest in 22 o~m~. Wojmt~o~t~two~d~a~t 22 isinolu~ng, wMchI~isp~of~obondel~tion 23 a~fion for ~ CiW of ~n ~ ~t m ~ ~. So we 23 for ~o p~, w~ to a~u~ some 20 to 30 ae~s hem, 24 suppo~ ~t and enco~g~ ig ~t w~ woffid -- ~o~t 24 b~i~y ~e ~der of ~e ~t side of ~ road up to 25 ~at wo~d '. I M~ ~OELn~C~: ~. W~li~. I. ~s m~. 2 3 ~ ex~ple, 4 Bu~ mdously, ~e qu~on ~at I w~ wanting to ~ you 4 map no~ 5 is, basi~lly, yo~ p~losopHy in ~& to ~itles and 5 MR. SP~: Co~t. 6 in yo~ SF-S.S ~. You made a ve~ g~eral'sm~t. 6 M~ ~GE~: O~y. 7 I would jug ~o to ~ow yo~ p~o~phy about ~e 7 ~ sP~: so you wo~d es~ti~ly have, 8 ~ifi~ ~ ~og.~l~ 1o~. 8 if you were ~v~g in~ ~o project from ~e ~u~ you 9 M~ sP~: P~plo ~ ~1~ 1o~ may not 9 would have ~ cl~ seh~l on ~ fi~t ~d th~ a 10 ~t to m~n~n a 11 ~a~ ~ ~e~ ~uni~. ~y ~d ~ ~t it ~ ~ 11 ~s fi~t ~nd it. 12 . ~ w~ch ~ey ~ go to ~d visit and ~joy, whe~ not 12 . M~ ~GE~C~: ~ ~t. And ~ey've having ~ mow on ~oko~ b~is. So wchavo put ~at 13 .. ~'to you about p~ch~g ~ai ~d p~ ~d all do~ ~em w~eh ~ows ~ to develop a ~1~ lot ~d 14 ~t soR of ~g ~d you're aw~e of all ~at? put in ~id~ ~ ~. And ~ P~ ~k on ~e ~u~, 16 M~ ~a~: Okay. You ~d not m~tion ~t's a ~t public ~. ~ey would ~ able to go up 17 in yo~ ~poR ~g a~ut work you'H ~ doing or P~C~k~dfiointo~el~e. Itha~tpo~fial 18 pl~todo,~dI~owyou'mstillinn~otiations, but for~tion~ng, j~g. We~o~t~s~a 19 ~at'smybig~n~m,~er~. We've got to get ~e ~t ~ for ~t. Plm it ~ows m a ~& v~eW of 20 fo~ across ~ ~d wMt ~ we going to do about pr~uc~ and lot s~. W~'H 5,500 to five-acre lots which gives us a real marketing advantage. But our philosophy on the development is we have to, in order to b~ successful, offer the home buyer OCTOBER 20, 1999 PLANNING AND ZONING 22 ~outh~ I mean, that's ours. But the bridge to the north. 23 I went out there and drove through it and I know where 24 you're talking about across the creek there. 25 lyre. S?AIN: The only problem with the bri~e Pago 33 - Page 39. 2 quarter dollars. That is thc only problem. That burden 3 co us doing Iow density is cxtn:mc. Our cost in Phase 2, 4 o/a' cost l~r lot is up 50 l~CCat becaa.~ of that $ Sov~just-w~unda'standtl~brldg~isn~xkd. A 6 million and a quarter is a lot of dollars. That's why wc 7 have gouen with the Highway Departaent, We've gotten with 8 the County, and v~ are hying · funding for that that wc can do. 10 ~ E~OELBih~Ca'r: okay. So, basically, 11 just - that's all talking now. Wc don't - you'r~ 12 n~gotlatlng with them or discussing with ~ but wc 13 don't have any f'trm plan. Nohedy has a firm plan at 14 this point. 15 t,~ sPAre: ~ight. 16 MR. t~OELe~ec~rr: That goes to tl~ bridge. 17 What about Trinity Road? 18 ~ spAr~: wc just met with ~-ty about a 19 week or so ago and he told us about the need to improve 20 Trinity. Our traffic cnl0neers tell us that Trinity in 21 its present state, that our road, our thane road through 22 our project and Trinity will handle all tl~ traffic in tl~ 23 anm. The reasoa helng is because if you look, this is a 24 peninsula down he~. It doesn't go aaywher~ and won't 25 until thCc0acmto bridge is in. Nobody com~ her~ ual~s ',..CondCnscltTM pa e' 7 1 2 3 4 6 7 10 11 12 14 16 17 18 20 21 24 25 houses, which means that's half thc lots bearing all the costs for..~., c area. So it's -- what wc'r~ trying to do is get with th6 I~ighway Department, come up with other ways of funding it that are more atttibutablc'tb thc general area rather than just our project. I, IR. ENGELBRECHT: okay. There appears to be no other questions. Thank you very much. Is there anyone presen.t Who would likc'to speak in favor of thc petition? AnYone present to speak in favor of th~ petition? In that case, is there unyonc present -- oh. Come on down. If you would give us your namc and address for thc record. MS. MC'NATr: I'm Ms. McNatt and my property is adjoining the development. And I would likc -- what I would like since we're talking about Trinity Road, ~, they have abandoned thc 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 becaus~ of thc traffic from 380 comes down on Blagg Road and goes onto Lakcvicw. And that's what we would like to do is have Blagg Road stay open, not abandoned, because wc 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 thc way we'd have to do it. They've opened it up right now so we can get through. But 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 McKinncy or Mills 4 andgowest. Ourpcoplcwon'tbeuslagTtinltybeoause 5 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 WC 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 ctht~at location. We'd have to acquire the tight-of-way 12 '.t0 wid~ it:~ad ~'m not sure that we'.re up to the t~_~ d 13 making all the neighbors angry at us because it certainly' 14 would. And that's a blg 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 state than needed, plus 18 Ttinlty will be adequate to carry the traffic. 19 But, again, that's, you know, that's our 20 dlseussinna ongoing with traffic. But those are our 21 : thoughts on it. 'l'hat it's an awful expensive thing to put 22 on us to do. And, again, all these costs make dei,¢loping 23 -. low density extremely hard becanse there's just not a lot 24 of lots to average it over. We are at half the traffic 25 · proj~ted for low d~nsity d~wlopm~nt nad that's half thc 1 2 3 4 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 4' construction is going on at University in Denton ..... MR. ENGELBRECHT: So you can go west on Blagg Road? MS. MCNATr: Yes. Take Blagg and get on Lakeview. And that is thc only thing, only objection 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 of all that. That's all right with us. MR. ENG£LSRECHT: Ali tight. Have you talked to thc developer about Blagg Road? MS. MCNATr: Talked with who7 · MR. ENO£LBRECHT: Thc developer, Mr; Spain, have you talked to him? . · ' MS. MCI~ATT: Yes, and they've got it open now for us. But it's -- I don't know how long it's going to be open. We want it, we'd like for it to be permanent, but just whatever, it would be so much better best for thc traffic that all goes through them. MR. ENGELBRECHT: MA'. Clark, thc City engineer ia here and we'll ask him to address that issue about how they have that planned because he'll be looking over that. Jerry, do you want to come down and talk about that for this good lady7 t, lR. ct.ox: ~asically what -- there's four lots that hay© b~n platted across Blagg Road and right Page 37 - Page 40 ...Cond~nseItTM : I now I thlnk tbem's an amending plat. Is that .cornmt? 2 Am you go'rog to do that amending plat? 3 MR. SPAIN: Y88. 4 ~ ~: They're going to do the amending 5 plat that dlssolv~s those four lots so that Blagg Road 6 can stay in shape for awMle. But if they put the four 7 lots back through another amending plat or what~wr it 8 tal~.~, e{entually Blagg Road would go away. So if you · 9 ,- an amending plat,.baslcally, it do~s away wlth.some 10 lots. What that allows Blagg to do is stay open while 11 other roads open up in the area. When other roads, other 12 transportation avenues open up in the area, then Blagg can 15 be shut down or when you review those and if you don't 14 want it shut down, then you make your recommendation at 15 thattime. But you'll get two more looks at it. No, you 16 won't get the amending plat. Would they get the one that 17 comes back after that? Would thatjust be an amending la plat again? 19 ' MR. DONALDSON: It would be an amending plat 20 again. 21 MR. CLARK: Well, I guess if you want Blagg 22 Road to stay open, you better talk about it now. But we 23 don't see-- 24 MR. ENGELBRECHT: Would you put that map 25 back up there 80 you could -- · . " '.Pago42 1 4 8 10 11 12 13 ' Doesn't it connect them in down here? MR. RISHELi 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 thc plan? MR. CLARK: These are the lots, the four lots that go across this road. Two? Okay. There ar~ two lots that go across thc road, ~ad, basically, those will have to be done away with to keep Blagg Road open. If you look at the Mobility Plan, Blagg's up here, that little ~ection right there. It's right there. And you've got other roads in the area: I thlnk this connects in eventually. · 14 mR. DONALDSON: Trinity goes north to 380 15 but it's been abandoned. 16 MR. CLARK: I guess what they're talking 17 about, as we look at their map, is that these folks are 18 kind ofjust limit~l to this road bere. Can't they go -- 19 this will be opened here, won't it, so they could come in 20 and go through the subdivision to get out to here? Would Zl that be thcre, Mark? 22 MR. DONALDSON: When Parcel A is dcvcloped, 23 ther~ will be a connecting road from Lakevlew to Trinity. 24 When that is in place th~ Blagg could b~ abandoned. 25 ~ mStmL~ And where does Ms. McNatt live? PLANNING AND ZONING OCTOBER 20, 1999 DONALDSON: Slm's {hat parcel right ;l~-~IStml~ Thank you. BUCEK: Let ~ refresh yodr memory on 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 how this works. Any public road can only go away throb the abandonment process and the abandonments would go to council. And then based on thc abandonment, then they .wo~d.d0 their ameading plat, once the Co. nn'cil abandons that road. So there is a time for publi0 input at that point. -- MR. DONALDSON: That has been abandoned already. .MR. BUCk. K: oh, the part you're talking about? MR. DONALDSON: In order to plat it ail. We've been talking about doing an amending plat and put an easement on them just to allow relatively informal access across thom lots. So'once the alternative road is in place, then there will be another amending plat to remove the easement. MR. BUC£K: SO right now it is just a private right that McNatt has. The public right to usc Blagg has already been taken away. MIL ENGELBRECHT: MS. ~V~cNatt, do you understand what they've just said to you? I don't. ~ .. page ~. I MR. DONALDSON: MS. McNatt's daughter does_.,. 2 MR. ENGELB .REgHT: okay. 3 MIL SPAr~: when w.c 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. 'fbere was 9 some confusion with our plans and what we have to do I0 now. So we removed the road. They, again, voiced their 11 concern of no access and we replaced the road. We are !2 rcplatting two lots to give an easement, continue to. 13 'have Blagg Road go toLakeview until the new'road is 14 continued into Trinity, which would then give the 15 residents 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 nnto what used to be Blagg Road? 19 nil SLAIN: When it's finished there will be 20 road, Appaloosa Way which will cut through here and tie 21 onto Trinity. It will be moro of a semi-collector, I 22 guess, because anybody in thi~ area could use it to go to 23 Trinity to Lakeview Boulevard directly. 24 MR. DONALDSON: without going on 380. 25 MR. ENG£LBRECHT: yeah. My point being Page 41 - Page 44- 41. page'4$ I fight n°w they evidentl~ have a driveway 6n'Blag8 Road. I 2 meen, thelrdrivcwayisrightdown'anto'BlaggRoad. So 3 when you*re Fmishad, there will still be'a piece of Blagg 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. sPAr~: Yeah.. I think ~vc're very much 8' concerned also about getting them out so we want to be ' !~ safe. 10 MR. ENOELBR~CHT: So right now they're just 11 coming in from the west. There's an casement you're doing 12 over on the west side so they can get in somehow. 13 MR. 8PAIN: The casement is on thc.sc two 14 lots. We are currently platting to try to sell those 15 lots. Those lots arc huge. 16 MR. ~GELBRECh'T: Mr. Williams, did you have 17 any -- 18 MR. VnLLL~nS: NO, he answered my question. 19 MR. E~GELBI~ECHT: All right. Is there 20 anyone else present to speak in favor of thc petition? 21 In that case, is there anyone present to speak in 22 oppositlon to thc petition? Yes, ma'am. Would you give . 23 us your name and address for thc record, please. 24 Ms. GIBBS: rm Cecily Gibbs and I llvc 25 presently on South Fort Worth Drlvc. I work for the I University of North Texas in thc 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 5 properties flooding in the future? Wc already have a 6 situation that thc City is involved with the developer, 7 and the Mayor of the City of Denton involved with the S dcvcioper that built in thc floodplain on the other side, 9 the west aidc of Loop 258. And thc peoplc am not happy 10 with thc apartment complex that is built there because I 1 every time it rains, they have water in their apartments 12 and they have. nits and Ovc.rb~hin.' g else. And'they are.. 13 really having a problem with this every time it rains 14 bcoause the developer did not build the property up high 15 anough 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. ~N'GELBRECHT: we'll ask -- we will 19 address that in a few moments. Thank you. Is there 20 anyone else present who would llke 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. SP~: We note that as a concern and not 25 opposition. Because we're adjo;-;-$ the Corps, the Corps, 1 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 . rebuttal, thc public hearing is c. losed. Mr. Reed, do you by deed, b~s bought the majority of thc property. They als°'hav~.a.n'~asement up to the 537 contour line which is generally dcf'~d on all of our plats and everything where they*vt gone out in the field and locat~fit. Wc cannot do very much in that elevation line which is basically thc 100-year floodplain or higher for the lake. So wo are restricted by that from there and all the way up Cooper Creek and also 9ursouth endwhich are our main flood ' areas. So our engineers will handle all of our on-sRo drainage quite adequately. And, again, that was one of the reasons we liked the center part with the low densities because we plan to keep all the creeks open. I think we have to come before y'all for approval of that but our plan is to keep -- there's three or four drainage ways through there that we plan to back lots onto, have parks onto, maintain them. But we're not planning any major reclamation in the project. MR. ENGELBRECHT: MI'. Rishel. MR. RISHEL: In other words, you're not filling into anything that was currently the 100-year floodplain? MR. SPAIN: Corr~t. MR. RISHEL: Than~ you. MR. ENGELBRECHT: That being the and of the " ' Page 48 I have any final staff remarks? ---~ 2 MR. I~EED: DOeS anyone else 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 thc west side of thc Loop or what I'd say 6 is on the inside of the Loop and how this development 7 would actually occur7 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 .wc actually didn't have these stringent standards. 12 Okay. ' 13 ~ I'd just like to point out.that the zoning' 14 Case Z-99-046, the 47.3 aero property on the south side 15 of McKinney is a I'D. YOU will see a detailed plan come 16 back for that so it's at that tkne that you'll approve 17 the exact slte deslgn of the property. AndasI 18 indicated in the staff report, recent cases for smaller 19 lots with PD zoning designation have had some conditions 20 but we've done that at the detailed plan stage becattsa 21 it makes sense to attach conditions specific to a site 22 design as opposed to a general concept. So I just 23 wanted to point out that you will see a detailed plen 24 come forward for that piece of property. ~$ Contrary to that on the r~mainln8 410 aa~ PLANNING AND ZONING OCTOBER 20, 1999 Page 45 - Page 48 · ~:.condenseltTM ,. ~ ~. I bctwe~ tmso and 426, is it, or ~ U.m.'v~rslty and 2 McKinney, that is for s~t ~g.. ~ ~n~fi0ns ~t s~hs a~c~ ~d~ ~ ~n~ of ~ 4 con~fion of ~ffic and ~ a~ fac~ ~ 5 ~ ~c ~ by ~s d~clopm~t. Wc ~ 6 it's fa~ ~ a~ch ~ con,fleas ~t ~'ve s~ ~ 7 o~ s~o~. Wc f~l ~t ~ ~u~t ~ consls~t 9 ~ ~n~fions a~c~. 11 ~ M~L~ I ~d a qu~fion oa yo~ 12 ~o~da~ons ~ ~at's in o~ bac~p ~al. l'm 13 co~ ~t we've got so ~ny ~P's aM plans. ~t 14 is ~ 1998 ~n P~n PoUci~? 16 a~c~ ~ ~ s~ff ~o~ and ~'~ Enclos~ 6. 17 Encl~ 6 Us~ ~ poUci~ w~ch w~ adop~ back 18 in 1998. It~stq~of'98. 19 ~M~IL~ O~y. ~ my s~oad qu~on 20 en yo~ con~fions, n~ one and ~o, I'm ~ng about 21 ~ 46 now, tf ~s Is go~g ~ come back n~in, ~n why 22 ~ ~ pu~ng ~e ~ctions on ~ at ~s ~c 23 about ~ buU~ng ~ and ~ r~dway componcn~ and 24 so fo~? ~t's ~c l~sfics of puffing ~t on a ~s 25 4 building pcrmlts cannot bc issued. :' 5 MIL MCNEILL: P~ght~ cannot be issued. 6 MIL REEl): A plat can be approved and roads 7 and other public facilities can be put in. 8 MIL MCNEILL: okay. 'All right, I don't 9 havd a problem with that then.· Thank You. 10 MIL ENGELBRECHT: Yes, 1M_r. Bucek. 11 MIL 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 Wc believe that on the detailexl plan we 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. Sojust 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 $,500 square foot lots, that's au 22 issue that you wait to the detailed plan and there's always some concern on the legal staff if Mr. Spain sells 24 out and the next d~veloper, will ho take the Art Anderson point instead of waiting until th~ detailed plan comm. 25 19 21 22 23 ' subdivision. 24 MIL MCNEILL: what those two conditions am 25 basically saying is until wc r~olvc th~ transportation issues, they can't pour any concrete ~ut .,?rt b l g. . | MIL'REED: Actually, it says that tho / I back? 2 MR. REED: This right here docs not tie the 3 developer down to a condition which restricts his exact 4 sit~ design. Thc~ conditions adclress the overall 5 property sum. As he mentioned, this is part of a 6 prol~rty which has -- excuse me for hesitating -- some 7 700-plus acres. When we have a large development like 8 thiS, the City has the .opportunity to look at it 9 ' comprehensively and address thc concerns of adequate 10 transportation facilities. 11 We actually did this for The Preserve, Mr. 12 McNeili, which was priOr to your term here on the P&Z 13 Corrhnlsslon. With The Presage, which was a Po, we . 14 actually attached to the zoning an improved ~ which said 15 that as each tract developed, ca, in transportation 16 improvements would be made. An~ again, for large 17 developments we're able to look at the ova-aH impact it 15 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 typically don't get into that because it's a straight-forward issue which is handled during' PLANNING AND ZONING OCTOBER 20, 1999 app[oach on the Smith tract that you don't have anY say. Page 1' So you've got to be comfortable'with what you do Op,.th~ 2 issue. 3 MIL ENG£LBRECHT: Thank you. Mr. Moreno. 4 MIL MORENO: Ycs. Mr. Rged, I didn't fully 5 understand which development Ms. Gibbs was speaking to 6 that was having the flooding problems. 7 MIL REED: I belicvc shc 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 Jerry 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 Molanuey? 13. :MIL ~NOELBRECHT: .It's ac. ross from thc power 14 plant. 15 MIL MORENO: That's a fairly new 16 development. 17 MIL REm): Okay. I was referring to -- 18 MIL MORENO: And I thovght that's what she 19 was talking about so I didn't understand why the 20 standarcls were different just a year or t~vo ago than 21 what they are today. 22 MIL REED: I'm sorry. I was referring to a 23 different apartment complex. 24 MIL CLARK: wcll, obviously wc n~dt Mr. 25 Ho~Iting her~ be~au.~ he's running th~ d,-ainagc but I'm _ . Page 49 - Page 5~ 43. 1 2 $ 4 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pag8 53 not aware,I ' ~ =' ' ' ' ' haven't reoetved any calls of what we'r~ talking about on the drainage on th~.'s.' So'ifthere is a problem, I'm not aware of it. But, ob~,i0USly, Mr. Hoelfing and.the utilities runs drainage now. MR. RY.F~: Thank you. MR. I~GELBREC~rr.. Let me interject one item hero I think fight, now because we don't get as much of .th;t drainage information as we used to si"ce ' engineering is not directly doing that the way they used '. to. I would like for you to go ahead and check on that, Jerry, since Mr. Hoelting isn't here. Find out if we do have a problem out there at Spencer Oaks because that is a new development. That's not even two years old. MR. CLARK: Okay. I'll bring you a report back. MR. ~OELBRECHT: Okay. Thank you. MR. MCNEILL: That doesn't affect this issue? MR. ENGELBRECHT; NO, no. But there shouldn't be a problem out there. Okay. Ms. Gourdie. MS. C, OURDm: Thank you. I would llke to know if this is the appropriate time or not and maybe you can help me, Wayne. In straight zoning is strictly the SF-7, blah, blah, blah, and concern with Mr. Bullard's concern about the property being up against the PD with a Page 54 I Light Industrial. I know that in the Unicom 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 thc appropriate tLmc to bring something up like 5 that to help divide the Light Industrial from the homes? 6 MR. REED: YeS. 7 MS. 6OURDm: okay. Thank you. 8 MR. ENGELBRECHT: Mr. Williams. 9 MR. WILLIAMS: Yes. I like things clear-cut 10 and I'm having some serious concerns about the amendment 11 to thc Mobility Plan because I don't like to be involved 12 in anything .that I'/~ not. in con~rol .of.and the developer 13 has no control over the Denton MoblHty Plan. And I'm' 14 v~y conoemed that it hasn't been sent to Council since 15 there was a recommendation 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 hero becausa it's been passed by this 19 Commission; however, it's sitting somewhere -- it's 20 sitting somewhere. 21 MR. ENGELBRECh'T: We just asked staff to 22 address that and, ' · 23 IvlR. BUCEK: Let me be sure you understand the 24 process. There are a lot of cases where someone will come 25 in hero with Ag zonlng and will ask you to recommend 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 .. ::: deal falls thro~_~gh and tt never goes to City Council. Thc same ,hl-il a i~veloper can come in and ask that the Mobility Plan be amended based on, like in this ease, the zoning ease is going to come forth. For whatever reason if the developer doesn't want that to go to Council at that lime, we never know if the development has died, Mr. Williams, or'what has happened; But it's the call of the developer if he wants to take forth his sagge~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 fias another plan. But we can't require the developer to take that amendment to the Mobility Plan up to Council if he doesn't want to. The only issue before us today is the zoning and the Mobility Plan issue eomea up at the platting stage ultimately. Ultimately, when it's platted -- MR. WILLIAM8: I'm reading what I have here. It says conditions and so I'm trying to get some clarification on this because, like I said, I like things cut and dried, either aye or nay because all these -- MR. ENGELBRECHT: Good luck here. MR. WILLIAMS: -- conditions, and this '. · · .. Page 56 I condition to me is rather weird because I read the 2 Mobility Plan and I understand what you're saying that 3 the devdoper 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 6 as mud. 7 MR. BUCEK: Let 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 on 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 tho developer has the zoning he desires, and in 15 this case these are straight zoning categories except 16 for the PD, once he has that zoning in place, he has the 17 right to come in with the plat. When he comes in with 18 tlao plat, right 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 question is 21 where that road falls in hls SF-7 or his SV-lO or SV-13, 22 he's taking a risk. And that's what those conditions 23 ar~ intending to do. But, Wayne, you may want to say 24 moro to that. I don't know. Is that correct? 25 ~ REED: Yes. P.ag, 53 - Page 56 PLANNING AND ZONING OCTOBER 20, 1999 44, · :: CondcnseltTM I Mit WILUAMS: okay., Bccausc I'm having some 2 problcms -- becausc I don't think Dcnton's infrastructure 3 is ready for this development and I guess, that's where I'm 4 having a big problem. 5 ' MR. lter~: Commlssloncr Williams, I think 6 then if I could explain that those conditions address 7 your concern. I'll make my example what I learned from 8 ThO ~e. We as a community also.had.a concern 9 about how'The PreSto would hnpaot tranSPortatiOn in 10 tho very soutbem end of our community and also that it 11 was in the area designated for Lakoview Boulevard to 12 touch 1-35. And so we held their feet to the irons also 13 and we worked closely with that developer to insure that 14 as building permits were issued, increasing households, 15 increasing trips generated~ putting more vehicles on our 16 roads, that adequat~ transportation facilities were put in 17 place prior to those homes being put in. 18 What we're doing with this condition is 19 exactly the same. We're saying before you can get any 20 buildiug permits, a traffic impact analysis has to be 21 approved and a TIA, or traffic impact analysis, outlines 22 what the developer will install prior to the.sc building 23 permits being issued. What docs that give us as a 24 community? It gives us some piece of mind that we're 25 going to have adequate fae!lities to handle the traffic .Pag& 58 I that they generate. So we're saying that there's a ' 2 rclationshlp between this land use and thc public 3 interest of adequate tranSPortation facilities. But 4 secondly, we're saying we're only going to require of you 5 a fair share of thc development or of the tranSPortation. 6 The fair share is what they generate. 7 MR. ENGELBRECHT: Other questions? Yes. 8 Thc Condition 3 on 072 has to do with -- cxcuse mc, 9 Condition 2. Yes. That's thc bridgc over Cooper Creek 10 and that's the crock to the north. Okay? 11 MR. REED: That is correct. 12 MR. ENGEU3RECHT: IS there any reason why : 13 that isn't put'On 3~ ~s Well? I mea~ put on the other 14 ease? 15 MR. REED: The reason why is this, it's not 16 contiguous with that creek cmssiag. And.staff would 17 like to point out that actually that is called out for 18 the Case No. 72 simply to, again, put the developer on 19 notice that that is part of this consideration of 20 tranSPortation improvements. It actually will be 21 addressed in the TIA as part of the TIA. But I think 22 we're clarifying it as a very important component that 23 has to be resolved. 24 MR. ENOEI.~RECHT: Well, this is even a more 25 dense piece than if you'rc going to get north to 380 and 1 2 3 4 5 6 7 9 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 2O 21 22 23 4 25 whom and. how am thes~ folks going to get out 0f'~. They're elfll~ g°ing t° have t° g°' 380 °r they're g°ing to have tiS'j~o MoKinney. And we'd prefer they go 380 I think because that's going to keep thefia out thom and keep thera off thc loop. And so to me, that bridge is just as important for this piece because they're not going to go south. Wc'vc got no bridgc and wc're not going.t0 havc onc for a while, whlih wc really need to ' work on that if this.is going to be an important whole development over here. Thc City needs to do iris part but wo need to make sure wc've g~t those other pieces and I don't understand why that component wasn't in this one, as well. MR. REED: it would be fair to put it in that one. MR. ENGEL~RECHT: The other question I had has to do With there's no mention, as Mr. Bucek pointed out, there's this issue of if you approve a concept plan, what room do we have to maneuver at the detailed plan schedule? There is no mention I believe of open space in the i,D. I recognize that we have a park across the street but that is ultimately across a four-lane street, road, highway. And was there consideration given by staff to require that there be some requirement for some.open space in there, at least in a statement of · · · Page (' the percentage? And they can SPread it out however or in 8Ohio 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 plo. a:6 Of information in our code. MR. ENGELBRECHT: Okay, for that reason it's not. ~R. DONALDSON: it's more a legislative function, than an admlnistrative function.. . MR. ENO£L~ .R~c~rr: Okay. In that case, I -- Will simply ask of staff from your professional perspective, what would be an appropriate portion of open space in a 1'9 with Single-Family of ~,$00 square foot lots? Mm lineD: could I ask first for a clarification? Are you asking for public open SPace or private open space? Private being, one, an area which is maintained by the Homeowner's Association. ~R. ENo£u~Pm¢~rr: yeah, I'm talking about Homeowner's Association. I wasn't thinking of it being dedicated to the City or anything else, but open space [ such that there's some in there. PLANNING AND ZONING OCTOBER 20, 1999 Page 57 - Page 60 45.- i. ,~?CondenseItTM ~... 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 P~o'61 M~ BUCFaC: Wayne, let me be sure that I'm' ' d~ ~ ~ond ~ ~at. ~ we have a ~- on my ~py I don*t ~vc ~e ~n~t pl~ on ~c PD. ~ ~e ~m~ion~ have ~at? ~ ~ED: Th~'s achy ~e ~n~pt pl~ pro~ but it ~lls out ~at P~I. And I id, ~ ~s is ~ch a ~all p~nt, incind~ a ~nd p~e wMch blew up ~e l~d u~ ~ble. ~s ~ble ~t hem shows cverythlng that's rCcluircd for a concept plan as far as minimum area, s~tbacks, and such. MR. BUCEK: The only part of Enclosure 1 that really relates to this zoning eas~ is that part that's south of McKinney? M~ REED: Corrcet. And if you look on the page 9, it's referred to as Parcel E. MR. BUCEK: okay. MR. MCNEILL: Parcel P or PHI? ~ RE£D: There is a formula in our park land dedication which calls out that, I believe -- MR. DONALDSON: It'S roughly one acre for each .140 housing units to meet our neighborhood park 1 2 3 4 5 6 ? :8 10 11 require that eight percent of the land be set aside as" ' open spa~...: . . Mi~'I~O~.LBRECHT: And eight l~rcent in this case would be? · ' MR. DONALDSON: Thr~ and a half acres, san~tM,~g like that. MR. In,~OEL~RECHT: SO we could go somewhere, for example, s~y a minimum of three acres be set aside for oP~ spa~? .. - . Ids. CoOURDI~: To accommodate for the higher dcnslty. MR. ENGELBRECHT: Right. Another question, Page 62 1 criteria. 2 MR. ENGELBRECh~r: so basically that would be 3 two acres in this particular case. 4 MR. DONALDSON: A two-acre minimum. 5 MR. ENGELBRECHT: My concern hero is, as Mr. 6 Bucek pointed out, if we have not asked for the open ? space up front tben we could have some difficulty in 8 requiring it on the detailed plan if it was not stated 9 on the land use summary. · . 10 MR. BUCEK: Right. l~OW, 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 certain percentage . 13 willbethat. But you have gotten ~om¢, and tho problera ' 14 happened on tho 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 tho detailed 18 plan change the boundaries of that. So it may be a plus 19 to you that it's not shown but I think the issue that's 20 here is that without any stateraent of concept in the 21 concept plan about any open space required, the 22 statements that Mr. Spain will do m no good when you get 13 Mr. Reed, I notice in these we always get this business 14 of you have a recommeaded motion and it always has this 15 part about that it's consistent with the Denton 16 l~v¢lopment Plan, it's consistent with the Denton Plan 17 Policies. And, in fact, almost always you have at beat 18 -- there's always one check mark that's marginally 19 consistent or even once in a while, an inconsistent. And 20 so if the motion is made in that manner and we don't agree 21 with all of those, we'd have to vote against the motion, 22 wouldn't we? 23 MR. REED: YOU would change the motion. 24 MR. ENGELBRECHT: Or We could ask for a 25 fri~ndiy amendment. But I g~ss my question is why do 23 ,'to the detailed plan stage. 24 MR. DONALDSON: Another criteria that you 25 · could use is that for a manufactured home park we 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 : page 64 you do that? Personally, I'd just as soon see those out:,= of there. It would make the motion a lot shorter. MR. REED: rd be happy to do that. MR. ENGELBRECHT: And we're not always sure whether we agree with that faCt that it's consistent or not. Maybe other Commissioners disagre~ with me. MS. GOURDIE: We agn~. Here, here. MR. ENGELBRECHT: And in this case, all of them I don't -- it just didn't seem to be necessary. So you believe that there's not a problem with putting -- 1~ REED: well, I gUess thc reason why I put it in there, and I definitely Understand why you don't necessarily agree with any Or ail of it, is you have to . plan or zonc consistent with the Comprehensive Plan so there has to be a basis for your motion. That's the only reason I put it in there. So I'll be happy to take it out. So you take it out, you kind of make your own Findings. ~ ~O£LBREch'r: So we can -- staff believes that we could put three conditions on the PD, as well as on the other one and that wc could request open spac~ without a problem? MI~ BUCEK: Correct. M~ m~o~.LeREc~rr: we probably should if we expect to see open space and want to ensure we have open PLANNING AND ZONING OCTOBER 20, 1999 - 46. .Page 61 - Page 64 10 I1 12 14 16 17 18 19 2O 21 22 23 24 25 1 2 4 6 ? 9 10 11 12 13 14 16 17 18 19 2O 21 22 24 ~5 "~: ~ CondonsoltTM ... Page 6!5 space at the detailed plan stage.- Yes, Mr. McNeill. ! dedication .... · MR. MtaqF. ILL: Iguess Ihaveaquestion now 2 · ..I~yCNEILL: Becausel don't have aproblem that you've raised that question. What is our authority to require hlm to have open space? 4 want a park here. ~ ~mO: To prevent the overcrowding of 5 MIL DOIqAI~sON: NO. population would be one. 6 ~ ~OELBREc~rr: TO expand on my requ~t a ~ IViC~£1LU Is that in an ordinance or in 7 little furth.cr, I asked about this because we are the ZOning requke~ent? .. '- . . MR. kEEl): ~hatis actually part of our 9 does not riq0ire any open space. This is as dense as Zoning Ordinance. 10 manufactured housing, 5.5, 5,500 square foot lots. The MR. MC~ILL: But that's -- is that hard and 11 park in all of that area is on the other side of fast or what's the rule for that? 12 McKinney, unfortunately. It would be great if there was MR. BUCEK: I think the way it works is if 13 access to the Co/ps land from bore but there isn't. you're on straight ZOning, we have what we call 14 MIL MCNEILL: You're talking about for the conditions you can add to a straight zoning case. 15 little piece at the bottom, on 46. There's like 15 and one of those is landscaping. Well, 16 MIL ENG£LBKECHT: Right. On that other one, on a I'D you throw all of that out and you can come up with 17 right. And so to get to the park these folks, which are any conditions you want. But, generally, it always 18 more dense than any of them, have got to cross what includes those same 15 can be in there and so it's part 19 ultimately will be a four-lane road, which is not too of the landscaping issue is the way you would handle 20 good. In addition, I would have little doubt that this open space. 21 developer will sca that there's open space in there. MR. Ei, rG£LB~ECHT: But then where did you get 22 There will be a clubhouse. There will be something. the number -- you're going to recommend three acres; is 23 And there will probably more than three acres. But they that what you're saying? 24. may sell it tomorrow. And the next guy comes in, as · . MR. ENGELBKECHT: The thr~ a~res came from 25 with fl~e Smith tract, and says, hey, that was not part " . Page66 · ., · page· a recommendation. I of the detailed plan ' I mean Part of the ooneept plan.:. MR,. DONALDSON: Eight percent of 48 would ' 2 so I don't have to do anytM.g but just stick 5,500 actually be 3.8 acres. MR. ENGELBRECHT: Right. And I was sort of splitting it. MR. MCNEILL: But where did you get'the eight percent7 M~ DO~tALDSO.~: Eight percent is an open square foot lots in ~ere. And this just assures that no matter who has the land when, there has to be some open space. MR. REED: If you're int~reste~ I do know the formula for the park land dedication. If you want to compare why the manufactured home development would space requL,~raent that wc havc in our Manufactured Home Park Regulations. MR. MCNEILL: But this is not manufactured homes. MR. DONALDSON: ~hc density actually would be very comparable. And then on the other side in our Park Land Dedication Ordinance, the formula is roughly 9 10 11 12 13 14 15 have to supply -- MR. ENGELBRECHT: Mark indicated it was one acre per 140 lots. · MR. REED: It's 2.5 acres times thc number · of dWelling uhlts times 2.8 persons, divided by 1,000, you get the ac'res. That's the exact formula. MR. EI, tGELBRECHT: Ron,.ohly 140. And then one acre per 140 homes. That's in the Park Land Dedication Ordinance. lvlR. MCNEILL: And that's really the -- that's the question I had. Does that park land dedication apply to this property? MR. DONALDSON: It will unless they address it otherwise. They have the opportunity to make donations of land and that may, in fact, be appropriate or an option for them in another part of their tract to satisfy. Any number of ways to satisfy park land 16 17 18 19 20 21 22 23 24 that would be two acres because there's 280 proposed units here. And then thc 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. MR. MCNEILL: I carl live with tha~. MR. RISHEL: It may be amended to four. MP.. ~qO~L~RECI-IT: Right. And I'm not making the motion anyway. Are there other questions? Mr. Rishel. La. mSH~L: !just wanted to make sure that PLANNING AND ZONING OCTOBER 20, 1999 P. age 65 - Page 68 47. pag~ 69 I Mrs. Gibbs got her qnestlon answered and was .. 2 MS. GIBBS: I do know'this Federal government 3 ruling tbey have to have ccrtaln amount of green space and 4 that's why they put the saaior citizen' 6,000.00 unit on 5 hold because they wanted to include the golf courses as 6 their green space. 7 MR. RISH£L: My question was did we get your . 8 other question answered. I didn't knoTM we had anothcr 9 question. Do you have another question? 10 MR. ENOELERECHT: NO, no. Let's not take 11 that question up. 12 MR. RISHEL: Okay. Thank you. 13 MR. ENGELBRECHT: okay. Are there any other 14 questions? IS MS. GOURDIE: I would like to just know on 16 the straight zoning, the 72, if anyone else would like a 17 condition that is what we've done befog whom Light 18 Indnstrlal PD'S and so forth are backed up against 19 Single-Family homes. Since we have talked about landscalx 20 as being an opportunity to put into the concept plan, I 21 would like to see us put mayb~ a 20-foot landscape buffer 22 and then maybe, depending on what the property is, up to a 23 100-fcot buffer, which I guess includes part of the 24 parking lot between the homes and the ?D itself. 25 MS. APPLE: Question. ·. .. . · ' Page 70 I MR. ENGELBRECHT: Yes, Ms. Apple. 2 MS. APPLE: That other is not in development 3 yet tho~h~ 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 MR. ENGELBRECHT: come back and replat. 7 Well, it can be -- in that statement 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 I0 sF-? buffering the-- 11 MR. DONALDSON: well, it's a timing issue. 12 If the residential develops first~ then we don't know 13 · what tlao adjacent land use would be. 14 MR. BUCEK: The Bullard tract is zoned what? 15 Is it zoned fa? 16 MR. 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 ~ BUCF. K: Right. And he will ultlmatcly 20 -- he has a concept plan. He'll have to come back with 21 a detailed plan when he docs that part. And you can 22 look at that on his end and the question is do you want 23 · to do it on - 24 MR. DOIaALDSON: The residential side or do you 25 want to do it on the industrial side? PLANNING AND ZONING 1 2 4 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 6 7 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 ~omam:m: ~ight~ Mr.'Donaldson. ~ !~. ?OJa~ola: 'tho q~fion ~ w~ you w~t ~ a~h ~'~n~fion ~ ~ ~id~fial o~ hnd ~ ~d~, put con,gens on ~t ~t pro~ ~ ~ ~t ~y ~ ~. ~.~m wc~ I'm ~d~ ~ ~p~slon : a~dy ~ up'~ ~g, YOu said ~ Re~i~ you said Li~t ~ ~d you said M~fi-F~ly. So ~ ~ning is ~dy h ph~. It's now just co~ng up ~o~ ~ a ~nc~t phn; is ~t co~t? I m~n, ~ dcmil~ p~. ~d ff~'w ~ng about issu~ of ~idcn~ ~t not ~ pro~ ~amv w~'vo a~dy got ~ ~nlng h ph~. ~d ~y not ~sily say, ~, it's not p~ of ~ con~t phn? now w~ch wo~d m~ you wo~d ~ve on,acm lo~ and on a on,acm lot ~ wo~d ~ a b~f~ ~ you and ~ ~s ofw~t ~ ~d. ~n you 8o ~ smaH~ ae~, and I can't ~ what ~ ac~ is g~t now, ~ is some m~t for ~at bug you ~ow, wi~out ~ving'~t con~t phn in front of us, I don't ~ow if Page ? we've already put a buffer in the other case. Do you -'.-- MR. DONALDSON: I don't recall. MP~ BUCEK: And you're right, when he comes in for his detailed plan he may take thc Smith tract argument and argue he doesn't have to buffer. I mcan, you never know what will happen depending on who the developer is. MS. COUP, Dm: Okay. Thank you. MR. ENGELERECHT: TraditionaRy, we have requested the buffers on the commercial, industrial. The problem you would run hero is if you put that ' condition on, these' are sr--7's. All these 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 were going to put a fence on tho residential side as a buffer. MS. COURDIE: 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. ~ ENO£LERECRT: Mr. McNeill. ~a. ~la, mn~ Yeah. I ~ess what I'd like OCTOBER 20, 1999 48. Page 69 - Page 72 : CondensoItTM · ; . . "PRe 73 I to say is we shouldn't put the buffer xequirement on 2 this residential development. If the buffer is going to 3 bo required, it should bo on this C~eneral Retail, ¢ Multi-Family, and the Light Industrial. That's the 5 responsibility of them to have the buffer, not on the 6 residential. ? M~. P, Is~mu we agre~ with you. 8 MR. F-~G£LBRECHT: ' Mr. Williams. 9 MR. WILLIAMS: Yes. I wo~Id definltely'like 10 for the Commissioners to look very, very closely at the 11 traffic conditions and the City. I know we ar~ a can-do 12 city but sometimes we may not be ready. And I would 13 like for us to look very, very closely at the 14 infrastructure. My daughter is only 17 so it's been 15 less than a year since I've had to drive and take her to 16 Ryan every morning. And, basically, I really don't 17 think our infrastructure and with the -- looking at the 18 coming up bond election, the bond package, I think we 19 may be ready. But tonight, I don*t think -- and it's 20 not a reflection on Mr. Spain at all. Ijustdon't 21 think w©'re ready for this. Our streets and traffic is 22 ready for this zoning, change in zoning tonight. 23 MR. ENGELERECHT: All right. Any other 24 comments? 25 APPLE: rm ready to move. I 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 74 ENGELBRECHT: Arid we would nccd to take:~ MR. each case individually for the motion, recommendations(~" MS. APPLE: DO yOU want me to take it in the,,a~ order of the Agenda? good thing. It would havo peoplo comlng from different directions ~a,~_~_d of everybody fim~eling in one .I direction. So I just wanted to address his concern. 'MIL E3IGELBRECHT: Are there ot~ comments? If you do, would you please raise your hand becaus~ I'm showing a different screen here now, if you have any other comments..Yes, Mr. Williams. Ma. WILLIAMs:' We ar~ .voting.on 0461 right? l¢,q. ENGELBRECHT: ?2, the'first Agenda item. MR. WILLIAMS: Okay. I wasn't even talking · about that. MR. ENGELBRECHT: Okay. I've got my screen. Any other comment? I would like to ask staff just briefly, do we know the -- and lerry had to leave, do we know approximately what the schedule is for McKinney for 380? I know that it's moved up in the schedule but I don't ~¢member the date. I just wanted to address that to Mr. Williams. MR. WILLIAMS: NO. In other words, my statement was inappropriate. I'm talking about 46. MR. ENOELERECHT: okay. All rlght. MR. WILLIAMS: what I said was totally inappropriate. 1 2 3 4 5 MR. ENGELBRECHT: Please. 6 MS. APPLE: I move to recommend approval of 7 Z-99-072 subject to the following conditions: that 8 prior to the issuance of ~y building permits, adequate 9 transportation infrastructam shall be constructed in 10 accordance with the traffic impact analysis or X~A Il approved by the Transportation and Engineering 12 Department; that a commitment for improvements to the 13 Lak~view Boulevard bridge over Cooper creak isappfoved; 14 and, finally, that the amendment to the roadway 15 component of the Denton Mobility Plan that proposes a 16 new corridor south of Mills Road for Lnk~vlew Boulevard 17 to the west of the existing Trinity Road is resolved. 18 MR. IUSHEU second. ~ MR. ENGBLBRECHT: Okay. It's been moved a~d 20 seconded to recommend approval with the conditions as 21 outlined by staff. Any discussion on the motion? Yes, Ms. Apple. MS. APvU~:: I just want to say in response 25 . MR. ENGELBRECHT: .All right Any other to the comments that Commissioner Williams made, I guess my feeling on it is because, like McKinney Street where ~on? In that oase~ vote, Please. Motioncarri~'~'~.:,.~ 2 unanimously. All right. Now, we move onto the second 3 _Agenda item. Ms. Apple. J 4 MS. APPLE: I move to recornmcnd approval of $ 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 18 19 2O 21 22 23 24 25 PLANNING AND ZONING OCTOBER 20, 1999 Z-99-046 subject to the following conditions: prior to the issuance of any building permits adequate transportation infrastructure shall be constructed in accordance with the traffic impact analysis approved by the Transportation and Engineering Department; two, that the amendment to the roadway component of the Denton Mobility Plan that proposes a new corridor south of Mills Road for Lakeview Boulevard to.the west of the ~ existing Trinity Road is resolyed; and, three, that a ' minimum of thre~ and a half acres bo set aside for private open space due to the density. MR. MCNEILL: second. MR. RISHEI,: A friendly motion. MR. EN6ELBI~Ch'T: pardon, Mr. Rishel. I didn't hear you. M~ mSaEL'. A friendly amendment that what is two in the other thing that reads that a coramltment of improvements to the Lakevlew Boulevard bridge over Cooper Creek as approved. I'd like that as a friendly motion. ~ ENOELBRECtrr: AS a friendly ~rnendment? Page 73 - Page 76 49. CondcnscltTM Page 77 I MIL R/SHEL: YC~. 2 1~. I~OELIU~_,cm': MS. Appl~ you ~ ~ 3 me,on. Basi~y, it's ~ - 4 ~ ms~ ~ it ~. ~ F~t cas~ ~ ~s cas~. 9 ' ~ M~U ~ s~ond ~U ecc~t ~t.: 10 ~~: ~t. ~7ou 11 bo~. SO now ~ ~vc a mo~o~ and s~ond ~ fo~ 12 con~ons, ~ ~ of ~ p~vio~ case and one for 13 3.~ ac~ mln~ o~n space. ~ ~sc~sloa on ~ 14 me,on? .~ ~t c~ vo~ p]~sc. Mo~oa c~ s~x l ~ ~ one. 1~ ~. W~ voting in opposi~on) 17 ~ ~ELB~= ~d ~t concl~d~ o~ 18 A~ for ~s ~ng. Som~ ~v~ ask~ ~ ~d ~ 19 some ~scusslon a~ut o~ ~ and I'm ass~ng ~ou wo~d 20 ~c ~ s~ ~t on o~ n~t - 21 ~ ~o~: ~ 7ou want us ~ b~ng ~t 22 back for ~ n~ m~ting? 25 ~ ~o~e~: ~ H~t. ~y o~ Page 78 I input? 2 MR. VaLLL~MS: Also, could you put what the 3 rules, one week, getting our material one week before 4 meetings. 5 MR. ENGELBRECHT: We Call talk about that but 6 we won't get it this time. " 7 MIL W~LHAMS: NO. What I'm saying is could 8 it be on our Agenda.l.tcms if we're going to talk about it 9 -- to discuss. 10 MIL MCNEILL: It will be part of tho talcs. 11 MIL WILLIAMS: YCah~ part of the roles to be 13. MIL I~TGELBRECHT: 'We can ~ about ~a~ I · 14 ~HYou~os~f-- ' 15 M~ ~S: l~ly don't ~e, ~ I 16 have a ~e ou~i~ of Pl~ning ~d ~ning. 17 M~ ~GE~C~: MS. Go~o. 18 MS. ~]E: I wo~d ~ l~o ~ ~ow, ~d 19 ~ing ~at we've got you ~ ~ who*s done ~s 20 ~fo~ ~d S~ h~ ~ on a y~ ~d h~ ~ appoln~ 21 ~ ~o ~-~) ~d I'm not ~y ~ how ~ wor~. 22 I'd ~ ~ ~ ~ow what ~e C~ is ~onible for, 23 24 25 what the Chair does so we can everyone up to par as to how the whole system works bccaus~ I really don't think we really know what goc~ on in your chair. And I think it : ~... Page 79 I would be good for us to know What happens fo~th~'Chak 2 And when someone has to jump in to be Co-Chalr, I think it 3 would:be nlcc for than to also know what they,re 4 responsible to do and what they cnn'trio. 5 MIL MCNEILL: It's not -- Vicc-Chalr, it's 6 not Co-Chair. 7 MS. C, OUm)L~ Thank you for correcting mc. 8 MIL MCNEILL: Yes. It's ~'ntlrcly different. · 9 . Mp.:~,r~qLeP. F~-rr: Dually noted. Mr. l0 Donaldson, did you get all that? Any other? 11 MR. WP v v_a~MS: orientation for new 12 commissioners because I was very fortunate coming on right 13 before the -- and when a person is coming on in November 14 would be totally in thc dark. 15 MR. ENOEI..BP. ECHT: We don't have anyone 16 coming on at this ~ but we will -- that's another item 17 for that is brief'rog for new t)crsonnel. Okay. That's it? 18 Wc'm adjourned. Thank you. 19 20 21 22 23 24 PLANNING AND ZONINO OCTOBER 20, 1999 Page 77 - Page 50. ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CIT~ OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOP, 408.36 ACRES OF LAND TO SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132.55 ACRES, SINGLE- FAMr[.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 AMOUNT 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 from an Agricultural (A) zoning district classification 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: ~. 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 from an Agricultural (A) zoning district classification and Use designation to a Single- family 7 conditioned (SF-?[c]) zoning district classification and Use designation; that the zoning district classification and use designation 0fthe 61,29 acre property'descfibed 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[c]) 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-10lc]) zoning district classification and use designation; that the zoning district classification and uso 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[c]) zoning district classific.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~mged bom an Agricultural (A) zoning district classification and uso designation to a Single-family 7 conditioned (SF-7[c]) zoning district classification md use designation under the Comprehensive zoning ordinance of the City of Denton~ Texas, subject to the following conditions: · - 1. Prior to the issuance of any building pennits, 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 ortho Denton Mobility plan (DMP) that proposes a new corridor south of Mills Road for Lake. view 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 sum not exceeding $2,000.00. Each day that a pm'~ision of this ordinance is violated shall constitUte a separate and distinct 0ffense.i SECTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, word, 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 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 ' ,19'99, JACK MILLER, MAYOR · ' 52. Page2 ATTEST: IENN]FER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 5 3. - PaE~ 3 EXHIBIT.A Single Family (SF-7) :: ..: POINT OF BEGINNING bein9 a '/," iron Rod South 87'% 39' 55" East a distance of 'i,762.98 feet to a ½" iron Rod for comer; THENCE South 02^ 29' 20" West alon9 Trinity Road a distance of 2,306.03 feet to a ~" Iron Rod for comer;, THENCENorth 8?^ 07' 53" west alon9 Bla99 Road a distance of '1,403.40 feet to a ,/,, iron Rod for comer;, THENCE NoAh 55^ 48' 4`1" West a distance of `13'1.53 feet to a point for comer, .THENCE NoAh 40^ 29' 30" East a distance of 222.22 feet t© a point for corner; THENCE NoAh 25^ 5'1' 36" West a distance of "164.45 feet to a point for comer; THENGE North 59^ 0`1' 32" West a distance of 40.8? feet to a point f(~r corner; THENGE North '1 `1^ 4`1' 26" East a distance of '13.74 feet to a point for comer; THENCE NoAh ?0^ 06' 2'1" East a distance of 54.8`1 feet to a point for comer; THENCE NoAh 57^ 3`1' '14" East a distance of 88.39 feet to a point for comer; THENCE NoAh 02^ 08' '18" West a distance of 88.68 feet to a point for corner; THENCE NoAh 34^ 46' 24" West a distance of `133.~'12 feet to a point for comer; THENCE NoAh 09^ 48' 53" East a distance of 2'13.32 feet to a point for corner; THENCE North 03^ 07' `1'1" East a distance of 349.?4 feet to a point for corner; THENCE North 20^ `19' `10" East a distance of `1`16.20 feet to a point for corner; THENCE NoAh 89^ 34' 54" West a distance of 280.?`1 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 bein0 on the south right-of-wa~, line of Appaloosa Drive (a 60' right-of-way); THENCE North 05^ 05' 40" West departin9 said south ri0ht-of-way line a distance of 60.00 feet to a point o.n the noah right-of-way line of said Appaloosa Drive, a circular curve concave to the Southeast end having a radius of 630.00 feet arid e tan0ent bearin0 of South 84^ ,54' 20" West; THENCE run along the arc of Said right-of-way line through a central angle of 04^ 58' 57" for a distance of §4.79 feet to a point for comer, .THENCE NoAh 00^ 25' 08" East departing said noah right-of-way line a distance of 588.52 feet to the POINT OF BEGINNING. Containing 8`1.7! acres, more or less. 54. - EXHIBIT B · Z-99-072 Single Family (SF-10) :: ..: POINT OF BEGINNING being in the south right-of-way line of Blagg Road (a 60' right-of-way) South 87^ t3' 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 depa'rt!ng said right-of-way.line a distance of 880.43 feet t° 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-wey 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 for 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. EXttTBT'~ C Z-99-072 '. 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 distanc~ of 52.88 feet to 'a point for C°rner; 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 corner; THENCE North 87/` 09' 07" West a distance of 76.28 feet to a point 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 poln[ 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 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 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 D ~'-99-072 . .Single' Family (SF-'I3) 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 corner, said point being in the east right-of-way of Lakeview Boulevard (a 60' right-of-way); - THENCE South 86^ 44' 32~' East c0ntin'uing 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 corner; 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 corner; 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 corner; THENCE South 32^ 05' 28" East a distance of 151.09 feet to a point 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 comer; THENCE South 60^ 26; 45" East a distance of 546.69 feet to a Corp~ of Engineers Concrete Monument marked Q-300-W for corner; 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 corner;, 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 .corner;, THENCE South 08^ 56' 2g" 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 ~" 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 ~" 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' 45" West a distance of 111,15 feet to a point l~or comer; 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 point 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 comer;· THENCE North 03^ 12' 57" East a distance of 550,34 feet to a fence comer pos't for corr~er; 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 comer; 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^ 16' 15" East a distance of 669,42 feet to a ~" Iron Rod for comer;, THENCE North 16^ 57' 38" East a distance of 146,41 feet to a ~" Iron Rod for comer; T~ENCE North 82^ 26' 52" West a distance of 707,37 feet to a ~" Iron Rod for corner; THENCE North 02^ S'l' ~;4" East along Tr|nlt¥ Road a ¢i~tan~o Of 000.;~0 feet to a ~" Iron Rod for comet 58. EXHIBIT D Z- 9 9- 0 7 2 (Cont.) THENCE North 02'~ 51' 51" East continuing along Trinity Road a distsnc.e 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 corner;, THENCE South 63^ 27' 22" East a distance of 149.37 feet to a point for comer;, THENCE North 2~^ 02' ~7" 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 ~".lron 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 ~" 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 Iron Rod for comer; THENCE North 46^ 46' 12" West along said right-of-way line a distan.ce 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 710.61 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 ~" Iron Rod for corner; 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. 60. Agenda No., Agenda Item Date,, AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 7th, 2000 Planning & Develop~~~ent SUBJECT Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by W.B.B.&B. Holdings, Ltd. for 34.40 acres of the Shadow Brook Place located south of E1 Pasco Drive, between Forrestridge Drive and Montecito Drive. BACKGROUND An application for request for relief from the Residential Interim Regulations has been received. (see Attachment 1). Background information regarding the current status of this case is provided in Attachment 2. Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on Febm_a_ry 1st, 2000. This ordinance contains standards with which residential development projects must comply until the Code Rewrite project is completed and peimanent standards are adopted. Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: Section F. Relief Procedures 1. The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. 2. 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 fight or deprives the applicant of the economically viable use of his land. 3. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed me; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. 5. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property fight. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE If relief is granted for the petitioner, processing of the Zoning Application can proceed. PRIOR ACTION/REVIEW One petition was reviewed on February 15, 2000: Golden Triangle Joint Venture (Z-99-096) - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Letter from petitioner 2. Background information Respectfully submitted: Douglas ~. Powell, AICP Director of Planning and Development · o3/o~/oo W£D 07:57 FAX 9403497707 ..........~ " ~N PLANNING ATTACHMENT 1 ~ oo~ INTERIM ORDINANCE RELIEF APPLICATION FORM D,~,: 3/1/00 APPLICATION FOR RELIEF FROM ORDINANCE NO. 2000-046 Projcct Nmxe: SHADOW BROOK PLACE Proi~c~Address0[.ocatlon): South of 420/500 E1 Paseo Street, Denton Existing Us~: P a s tut e Exi~tlng Cemprcb,.o~;ve Pha Existing Zo-;~$:. Agricultural Proposed U~ Residential Gross Acres: 34.336 Proposed Zonin~ SF - 16 SEE RELIEF PROCEDURES ON BACK App~cant: WBB&B Holdings, Ltd. alt)la/ Property Owncr. P. O. Box 50877 Denton StYe: Texas (same as above) T~940-387-7731 Shadow Brook Place ZIp:76206-0877 Ad&ess: Tek Cir}~ Stye: ZIP: Beverly Stevhens, President Company: Adck~s: 420 E1 Paseo St. Teh ~qc Denton Stye: TX ZIP: (same) Em~: BASNEI~4AY@AOL. C0M Em.u]: 940-387-7731 76205 F~ (same) Em~: BASNEI~/AY @AOL. COM SIGNATURE OF PROPE1KTY OX~NEII OR APPLICANT (SIGN AND PRINT~ NAM~ ' ' hens P~z oc Type N~c: Beverly Step Subsc~bcd ,md ~-om befor~ m~ t~s Nor~¢~c For Departme~,M Use Only C~eNo.: Tc~l F~(~): ~t N~: Date ~c~tcd ~y: APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AM. ,~)3/0~./00 WED 07:57 FAX 9403497707 CITY OF DENTON PLANNING [~003 Application Requlreaneut~: ORD NO 2000-046, Section F. The applicant may petition the Cky Couaxdl for relief from these (Ord. l',lo. 2000-046) interim developm~n~ rsgxdations by requesrlng m~ch reJ~ef ;n wri~g. The City Council shall not relieve the applh'~nr from the requirements of (OM. No. 20~-046), unless the applicant fa-st presents credible evidence froxn wlaich thc City Council c-an reasonably conducle that the imposition of the residential dcndry l;,~irations or othtz dordopmem standards deprives thc applicant of avested property ~4ghr or deprive~ the applicant. Of the economlcallyviable use o£ their lank The applicant is requcsxed to submit sufficient information addressing the following criteria. The applicant will also be responsible in making their ¢;~se b~'ore City Council. deciding whether to .grant v~l;~¢ to the applicant, the City Count~ ,h~ll take into the consideration the followin~ Whc~aea' gra~tiag relief from the residenfa[ density llm~'azion$ or other development standards cornel-ed in these interim development regulation, ia the absence of permanent revisions ro thc Cky's Land Development C~de that implemen~ The provisions of the comprehension: plan, jeopa~dlzes the City's best interests in preventing .ouch effectg [-I The .~tabillty of the proposed residential uses in light of land uses -allowed in the zoning distri~s on propeaw adiacealt ~o the proposed site; Thc impact of the proposed residential use on the transportation and other public facilities v3rst,.,~ · a~ected by the development; r-i The mc~.tre~ proposed to be z,xken by the applic~ant to prevent negative impa~v~.s of the proposed use on the nv3.ghborhood; Thc k~l/hood that sufficient relief ~11 be provided to the applicant following adoption of the Cky's Developmeat Code; The total expenditures m~d~ in connection with the proposed residential development in rvl;anee on prior regulations, · indudlng the costs of inst,41ing ~cture to serve the project; Any fees re~onably paid in connection with thc proposed nsc; [-I Any representations made by- the City concerning the project and reasonably relied upon to the dc~4.mem of th. appl;,~nv. The City CouncD -,ay v.&e the following actions: (a) deaxythe tv. lief requc, sx; (b) grant the relief request; or grant thc r~li~f request subject to conditions consistent wkh thc criteria set forth in OrA No. 2000-046. Any r~l;,.f gcanred by ~e City Cotmea2 sh'~ll be the wi,h'mmx deviation from ordinance requirem~-r~ necessary to prevent deprivation of a vested property right. SIGNATUR~ ceftin/lng thr2 these r~l~rions have been read and tmd~axood by thc applicant. WAIVER REQUEST STAFF REPORT ATTACHMENT 2 Subject: Shadow Brook Place Staff: Larry Reichhart Case Number: Z-99-051 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Residential Interim Regulations (Ordinance No. 00-046) to continue to process a SF-16 zoning request. South of El Paseo Drive between Forestridge Drive and Montecito Drive. (see Z-99-051, Shadow Brook Place staff report) Agricultural (A) (see Z-99-051, Shadow Brook Place staff report) 34.4 acres The property is not platted. The subject site is located in the Existing Neighborhoods/Infill Compatibility district. New development in this district should respond to existing development with compatible land uses, patterns and design standards. Staff finds the use consistent with the intent of the Comprehensive Plan. The Planning and Zoning Commission recommends approval (5-0). City Council has reviewed this project at its November 16, 1999 and January 16, 2000 meetings and it is currently scheduled for the March 7, 2000 meeting. POTENTIAL AFFECT OF INTERIM REGULATIONS: This project would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to continue the zoning review process by proceeding to City Council. If the relief request is not granted the application will be required to submit a zoning plan and a project plan as required by Ordinance No. 2000-046. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 7, 2000 Planning Department ~ David Hill, 349-8314 Agenda No. ~'- O~.Z ..... Agenda Item _~:) Date .. :~-'7- O~ SUBJECT - Z-99-051 (Shadow Brook Place) Continue a public hearing and consider zoning approximately 34.40 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property is located south of E1 Pasco Drive, between Forrestridge Drive and Montecito Drive. Single family residential development is proposed. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND At the applicant's request, the January 18, 2000 public hearing was continued to allow additional time to resolve drainage issues. The applicant has submitted grading plans to restore the pond area to May 1999 conditions. Staff has reviewed and approved the grading plans. An offsite letter of permission from the Crownovers and a County grading permit are required prior to the City issuing a grading permit. A neighborhood meeting, to discuss the drainage issues, has been scheduled for Monday, March 6th, at 6:30 p.m. at the South Branch Library. Beverly Stephens, property owner and applicant, requests the property be zoned with a permanent land use classification of One Family Dwelling (SF~16) zoning district and land use classification. The 34.40 acre site is bounded by the Forrestfidge subdivision to the west, Montecito subdivision to the north, and the Montecito Del Sm: subdivision to the east. All of these neighborhoods are classified as One Family Dwelling (SF-16) zoning district. The property is presently undeveloped. The owner intends to develop a residential subdivision. Mrs. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range from three-quarters (~A) acre to one (1) acre. To allow this flexibility, the owner is requesting a One-Family Dwelling (SF-16) zoning district, which is consistent with the zoning districts of the adjacent subdivisions (see Attachment 1- Enclosure 3). The development of the Shadow Brook Place property will require several public improvements. There is no application for a plat at this time. However, the following are general improvements, which it may be required to provide: 2. 3. 4. 5. 6. 7. Construction of internal streets. Sidewalks along all public streets, including E1 Pasco Road. Extensions of water and sewer lines. Sto~-m water drainage improvements. Installation of fire hydrants Dedication of public utility easements. Participation in traffic signalization based upon a Traffic Impact Analysis (TIA). DRC Date(s) - Application Date - P&Z Date - The' proposed single-family subdivision will be subject to the park dedication and park development fees in accordance with the Park Dedication Ordinance (Ord. 98-039). PRIOR ACTIONfREVIEW The following is a chronology ofZ-99-051 (Shadow Brook Place): June 17, 1999 (Predesign) jUne 17, 1999 August 25, 1999 City Council Dates - January 18, 2000, November 16, 1999 ESTIMATED PROJECT SCI-W. DULE 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 of the zoning (5-0). PUBLIC NOTIFICATION Thirty-three (33) property owners within two hundred feet were mailed legal notices concerning the zoning request and one hundred and eighteen (118) residents within five hundred feet were sent courtesy notices informing them of the zoning request (see Attachment 1 - Enclosure 6). As of this writing, five (5) responses have been received. Four property owners are opposed to the proposed One-Family Dwelling (SF-16) zoning district and one (1) is in-favor of it. (see Attachment 3). A neighborhood meeting has not been held; however, the applicant mailed an informative letter to all one hundred and eighteen (118) residents within five hundred feet, describing the proposed development (see Attachment 1 - Enclosure 10). ATTACHMENTS 1. Planning and Zoning Commission Staff Report for Z-99-051, August 25, 1999 2. Planning and Zoning Commission Minutes for Z-99-051, August 25, 1999 3. Property Owner Responses (5) 4. Draft Ordinance 5. Petitioner's Letter: Request for Continuance Respectfully submitted: Assistant Director of Planning and Development Prepared by: ~Lafry~eichh~t Assistant Director of Planning and Development PLA NING AND zONI I 04. ~-~-'~ . /I STAFF REPORT ISub|act: Shadow Brook Place ~ siaff: :.Wayne: ReedI Planner i1"/'i..-:: :.'::.- . Case Number: Z-99-051 "' ' Agenda:IDate:.' ~,~gust.25, '1999; Hold a public hearing and consider making a recommendation to the City Council concerning the voluntary annexation and zoning of 34.40 acres.to a Single-family 16 (SF-16) zoning district. The intention is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. Location: Size: LOCATION MAP on the south side of El Paseo Street and approximately fiv~ hundred (500) feet north of Ryan Road. It is bounded by the Estates of Forrestridge subdivision to the west and the Montecito Del Sur subdivision to the east (see Enclosure 2). 34.40 acres z-99-0s~ PZ staff ~por'cdoc Applicant: Beverly StephenS Owner: E. Wayne and Beverly Stephens WBB & B Holdings, LTD ~.. 420 El PaseO Street. ~: ... . p.;O..Box 50877TM. . ~ ~ · '...: - ~ · 'Dentoi%'TX -76205. ~:*: '*"i~'. "! Denton',:TX '76206-0877 '/ ' '~': :' ' ' * -'*. · · ' :'*' The subject property is currently undeveloped except for a single-famiiy home. The applicant anticipates that many of the lots in the proposed single-family subdivision will range from three- quarters (%) acre to one (1) acre. To allow this flexibility, the owner is requesting a Single-family 16 (SF-t6) zoning district. 'i 988 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. ~,~eighborhoOds are to be serviced by a 'network :of small commercial/retail centers s. paced .at about mile intervals With direct a'(~cess 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 cor~sistent with both the policies and 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 development to be consistent with the policies of the '1998 DP (see Enclosure 9)~ ,.. . . .. ~ . The draft Land USe Plan ,dentifies this ProPertyt° ' ~ ""' "" be within an ! Ex~stmg NeighborhOod"` area. The adopted.Growth Management Strategy states that future residential development Within established residential areas, such as this one, should be de~eloped in a manner that responds to the existing residential development with compatible land uses and patterns. The plan recommends that existing neighborhoods within the City be protected and preserved. The requested zoning designation would be consistent with surrounding zoning districts, protecting and preserving the nature of this residential area. Z-99-051 PZ Staff Report.doc t. TransPortation A. Trip generation *.The proposed develOpment, woUld .generate apprOximately '669 ;trips .Per day.if b'uilt out with ·seve. nty (70) homes (2.04 I'ots pbr acre is an estimated av(~raoe number of Idts for SF:16).' This' is thirty-two percent (32%) less tha~ allowed trip generatior~." ' ' ' 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 70 homes (2.04/ac) 669 Allowed Trip Generation 34.40 acres 60 trips/acre 2,064 Difference 32% below allowed trips - 1,395 ts provided by the Institute of Transportation Engineers, 1991. B, Access At'this time,'the prOposed develOpment would' have. one (1) access pOint 0nto El Paseo 'Road. No- singie-family 'residential lot would be permitted direct acCess Onto El Pase0' ROad as it is classified as a collector by the 1998 Mo'bility Plan (see Enclosure 5). Internal 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 wa~er and sewer lines along El Paseo Road that could ~ervice the develOpment (see Enclosure 3). The existing gravity sanitary sewer line on El Paseo Road flows into the Granada lift station. This facility may require upsizing depending on wastewater demand calCulations for the residential subdivision. This issue woUld be resolved during the platting of the pr°perty in. complianc.e. with the 'subdivision and land 'development regUlatiOns of the Code Of · Ordinances. · -- " - :..' '- _ · "... · · · · 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drairiage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run- off will be carried across the property or stored on the property. Z-99-051 PZ S~alT Reporbdoc signs As per the sign ordinance. 5. Off-Street Parking NeW'develoPment must Pr0('ide Parking a~Cordirig tO th'e mgulatioh's of Chapter- 35' (35-301) Of !he ' · Code ~of OrdinanceS. Each 'single-family lot ~hall 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. 7. 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. ~ ne subject property is currently within the City of Denton's ExtraterritOrial Jurisdiction (ET J) (see Enclosure 3). The applicant has petitioned to be voluntarily annexed into the City of Denton and. has requested a Single-family 16 (SF-t6) zoning district classification and land use designation. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in th~ Denton Record-Chronicle on August 15, 1999. Thirty-three (33) property owners within two hundred feet were mailed legal notices and one .hundred and eighteen (118) residents within five hundred feet were sent C°urtesy notices informing them of the r~qu.est (see Enclosure_6).: As of thiS-Writing, there has been one (1) .response. It is Opposed to the request (see Enclosure 7). No neighborhood meeting w~s held; however, the applicant mailed an informative letter to all one hundred and eighteen ('118) residents within five hundred feet, describing the proposed development (see Enclosure 10). Z-99-051 PZ Staff Report.doc ANNEXATION: Staff recommends approval of A-90 for annexation. The anneXation service plan indicates that the area can be served (see Enclosure 6). If the prc~perty is not annexed, utilities and services would still serve it, bUt city taxes-would not be COllected.. The request is COnsistent with bOth the 6988 DDP.policieS:and th81998 DP PoliCies.. · .~. ':. - .. '.: .....: .. - ZONING: Staff recommends approval of Z-99-051 for a 34.40 acre Single-family 16 (SF-16) zoning district. The request is consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, the 1999 Growth Management Plan and Strategy, and the draft Land Use Plan. The proposed zoning district provides for compatible land uses and protects existing land uses. ANNEXATION: I move to recommend approval of A-90 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; ZONING: I move to recommend approval of Z-99-051 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; 4. It will protect and preserve existing residential properties within the area. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideratiOn, ·: -. · : 5..' ~Table item.'",i: ".:i." '.: ' ' -" · :':" : - : -'-: ': - i. i : i .. ' " ~ Z-~9-051 PZ Staff' Reportdoc 1. Vicinity Map. 2. Vicinity Map II. 3~ ~ Zoning Map., ~ ~4, .UtilitYUaP, ".-'.. ' 'i-..'. ' ' . '5,-"Denton Mobility PIan Map~ '" '"" 6, 200'-500' Notification Map, 7, Property Owner Response (1), 8. 1988 Denton Development Plan (DDP) Policies. 9, 1998 Denton Plan (DP) Policies (2 pages), 10, Letter from Beverly Stephens to Residents. 11, Annexation Schedule (A-90), 12, Annexation Service Plan (A-90), 13, Draft Zoning Ordinance, Z-99-051 PZ Staff Report, doc Z-99-05'1 (SHADOW BROOK pLAcE) NORTH ViCINI'i~ MAP Agenda Date: August 25, 1999 _-. Scale: None. ENCLOSURE -_ 99-051 (SHADOW BROOK PLACE) NORTH · Vi .ClN'iTY ::MAP_ II'' Agenda Date= August 25, 1999 Scale: None ENCLOSURE Z-99-051 (SHADOW BROOK PLACE) NORTH Agenda Date: August 25, 1999 Scale: None J9-05t 'ENCLOSURe- 4 - ~ (SHADOW BROOK PLACE) NORTH ExISTING ~UTILITIES MAP Hydrants .... Water Line (W, L.) .... Sewer Line (S. L.) Agenda Date: August 25, 1999 13-.i Scale: None Z-99-051 · ENCLOSURE..5 (SHADOW BROOK PLACE) .NORTH DENTON 'MOBILITY ~ PLAN ..MAP. //~ Freeways ' ' ,, ,','" - ,',, Primary Major Arterials · ' ,' Secondary Major Arterials ...." "......-" Collectors Agenda Date: August 25, 1999 Scale: None ENCLOSURE 6 i ~ J9-051 (SHADOW BROOK PLACE) NORTH 200-500 'FOOT, NOTICE MAP" Agenda Date: August 25, 1999 Scale: None .-. ~: .... ::,~ :..~ :~.:, :. :'.~ .. ~..~( ?..- i:~: :.... ~C:-:--;'~:::?:--, .(C-_ ,.. .:4,. :...:.. - -_. . . - . '" 'Z.99~51' * . .- ' ~ PJanni~ a~ Z~ ~mml~n of ~6 ' ~'De~ ' · ~g~ 25, 1999, ~ ~lderz ~. . n ~![ ho~ a ~b~c ~ on W~,a~, ' · · n~o.Del~urSub~ ..... · :--. -.....- . ~dge su~s~ ' '. - · · ~on~ee~t · · ...... .~ . . onto~e. 7, 8, 1~ 13, 14 a~ I · · . ~e pro~ is I~aily d~ ...... . · 5 ~ ~ ~e A. O~on 8~ev ~ ........... ~ as .Tm~ O. ~ ~u=~ ~ao) ~n uemon ~un~, Texas. ~. pu~e of ~e ~nl~ ~nge b to develop a singi~ml~ su~Ms]~ ~ a'm~nimum lot s~e of 10,000 square feel ~e pr~ is P~en~ mo~ng f~a~ ~ a ~n~t ~un~w anne~$n r~u~L (C~ ~un~q ~ll . ~nsider both ~e a~n and 2on~ r~u~ ~ O~o~r 10, 1 ~e.pub~o h~dng will s~ at 5:~ p.~. in ~e ~ ~uncil ~ambe~ ~ C~ Hall ~ at 21~ E. su~e~ ~r~e~, ~ P/annln~ and Zonl~ ~mi~on ~ouM ~e to Aeab ~o~ you feel abo~ z~n~ ~an~e ~ue~t and [n~e~ you to aEend ~e pu~c bead~. ~ease, in ~d~ for ~ur opin~n m no way pr~ you from a~end/n~ and ~'d~Un in ~e ub Planning and Development Department 22t N. Elm ST ' . Denton, Texas 76201 ,et'm: Wayne Reed, Planner II .The. zonTng p~OCess, inclu(f.~. ' two !publi~.' hearings dedgned :'.to- P~6'vlde opportunities 'fro; ":Citizen.. . involvement and COmment,..Pdo~; to ~e Public hearings; laridownem wit6in two: huhdred (200) feet the ~ubJect property are notified of the zon~rLq request by way of this notice. The first public hear/rig.is held before the Planning and Zoning Commisdon. The Commission is iriformed of the percent of responses in support and in oppos~on. Second, the zonlng peat/on is forwarded to the City Council for final actlon providing the Commls~lon recommends 'approval. Should the commission, recommend denial, the pelY~oner may then appeal the request to the City Council. If owners of more than twenty. (20) percent of the land area wi~In'two hundred (200) feet of the site submit wd[ten opposll~on, then six out of seven votes of the City Council are required to approve the zonlng change. These forms ar~ u ~s~d. to calculate l~e perce./)fage of landowner oppos~Eon. Please circle one: °' - oest---- -N Comments: z-~ ~t ~.~. " ' ' ~'~'~ ' ~ ' .~ ~: ' i i ! '' ~.'. .' .. · .:~ · ., -,. ~ i'~ . - . . ' . '-'" '=~~' -~p .. ..::.,.. :~..'~.~; - .. · .,88 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. , NeighbO?hOOds'are to .be serviCed by a netwOrk of Small Commemial/retail centersspaced at abOut :/~ nfileinte~vals With' direct access'to a C0ile(~tor type.~tmet 'Or larger tho'roughfare..Veiiicular trip . ]eneration due to development within Low Intensity Areas is restricted to 60 trips per day per acre in 3rder to balance land use with road capacity, Staff finds the proposed development to be :onsistent with both the policies and trip intensity standards of the ~988 DDP. ~'he table below provides a summary of the 1988 Denton Development Plan policies applicable to this ~roject: Denton Development Plan Policy Analysis Summary Low ~ntensity Area Development Rating vs. Policy $1gnlficantiy Somewhat POLICY COMMENTS Inconsistent Inconsistent conslstent ]intent. These areas represent primary housing areas within t~e aty. x zntensity. To be consistent with the Nlowed. IntensitY -- x trips/acre ~an, a developrnenl~should not exce~ Es Nlocated Intensity x:ated Intensity. '... ' · : X rote Plan Control. S~ct property development control withln ~,600 feet of ex~s'dng Iow density residenUal areas. X Traffic Design. Access should be provided to ensure that multi-family or non-reddential uses have a _r~e__~ to collectors or larger arterials with no direct a__n_~ess___ through reddential streets. X Open Space. Suffldent green space, recreational fadlities and diversity of perks are provided. X Public ParUdpation. Input Into planning by neighborhood assodaUons and coundls is encouraged. X · Land Use Dlversi.b/, Non-r~s~dentJal and' " 'rnulti*family development Is'encouraged to: i.: ' I' a limited degree. ~ *' *: ' ' X Hanufactured Housing, This form of single-family housing may be compatible with developments in the Iow Intensity areas subject to conditions. Strip Commercial. Any form of continuous st~p commerdal Is strongly d'L~umged In, or nea~ Iow intenciL-y area¢. X :-~-051 PZ Staff Repe~doc The '1098 Denton p~an (DP)is t~ be used ~n c0nJUncti°n with the '1088 Denton DeVelopment P~an in evaluating the consistency of proposed development with the ~ong range vision for the city. Staff finds the proposed development to be consistent with the policies of the 'i998 DP. The table below prOvideS a.summary of the 1998 Denton .plan Policies a ')licable to this ' ' Denton Plan · PoliCY Analysis Summary Development Rating vs. Polio/ CATAGORY POLICY Zncor~ent ~ Consistent Transportation, Compliments Denton's Long-Range ThoroUghfare Ran. ~ X Promotes A~ Henagement Practices ~ X Optimizes operations for emers~ei~cy service providers and other public service providers. :~ X Promotes public transpoF,~Uon s~er~. ~~ X ., Coi~b~butes to the Denton Trails network. X Storr, iw~Le~ Drainage. Protects :lO0-yccr floodplaln areas In accordance with Denton's watershed management plans. ~ X Conforms to local subdivision regulaUons. X ..... Contributes to regional de;.e,iUon fadliUes. X : Pro~}tdes for natural r;,pafiaii environr~e.L along flOOdplain. X · UPgrades existing SUbstandard drainage systems as Inflil and redevelopment occur. X Water and Develops and i~taiii;~dlns property and private Wastewater. Infrastructure. X Creates opportunity for ov~,~izlilg water and wastewatar lines to meet future development demands. Provides review of proposed water and wastewater .. Infrastructure to ensure publ c safety and health. X Pror, ioi.~s Intill hi~l~uvements over new line extensions. Electric. Provide~ underground electric service for new residential and nonr~dential development ....... ~__.~='- ---~ X Solid Waste. Promotes i~;ei~, a~ to all development for solid waste service delivery. ,... X · Parks and'Recreation.: · Locates Parks arid ~o-eatior~ fadlities~in accordance with : . · ':-: :.' . ..... theParl~sandRecrdationstrateglcPlan' '.. .. ~ " . Enha~parl~s and [eueatio~ opportunlti~s fo~' residents. ~ X Preserves floodplain for parks and open space to aid In floodplaln conservation efforts. X Allows combining of paiks with other public fadlities to achleve cost-effective delivery of public services. , ~ X R _~_.dential develo~,-,~ent should dedicate land or fees In lieu of land for neighborhood parks. ~-----~ :--~ X Enviro~_e~tal ~uality. Promotes preservation of natural resources. Inte~,~;.~s environmental ~,o;~--ctIon with economic growth and community development. X ~ ...... _..~ X Z-99-051 PZ Staff Repo~doc 1998 Denton· Plan Policies AnalYsis (continued) Denton Plan - Policy Analysis Summary · . : . . . ~ .. : ... . Development Ratiogvs...Po!icy CATAGORY POL]:CY: .. · . . - :'. · ..· ,or; .. · Inconsistent'.-APplicableconsistent~":. Neighborhoods. Provides ao:_e~ to public and community fadlit~es for residential neighborhoods.~ X Encourages a mixture of land uses that benefit residents. ~ X Protects and preserves eHsting neighborhoods, l~ X Promotes bicycle and pedestrian traffic within and between neighborhoods to reduce vehicular trips.!~ X Housing. Provides a range of housing types that appeal to diffedng economic and Individual life-styles. X Offers a vadety of single-family lot sizes, building sizes, and price ranges. X Preserves existing housing, Induding affordable housing. Increases Infill housing construction. Economlc Contributes to a strong and diversified local economy by Diversification. Increasing employment and expanding the tax bose.~ X Government. Encourages Intergovemmental coordination to provide cost-effective public se~ces. Urbah'Deslgn. ~ Addresses commUnity appearance in a comprehensive ' :~ : ' manner. ' Diversifies archltectural appearance of built environment. Neighborhood Infill development should be compatible with exts'dng land uses and buildings. Protects and preserves Denton's architectural, cultural and hlstodcal resources. Enhances the appearance along major entranceways. Promotes the preservation of bees and landscaping, i~ X Public Znvolvement. Provides an opportunity for public opinion during the , planning process.~ X Z-99-05! PZ Staff ReporLdoc As you have ~ noflied by th~ City of Dentorg the City has been asked to .... Z.~.. ~.-)v ~.o~.,n.~ nas ~.en t.e4u~t_eo, ano plans .are underway to de~elo the ~,,,l~.~)y rote a quiet area et oeauty and pflva~y for ouffom homes on spaoio~Plots,. · including a new home for ourselves. The area has bom named SHADOW BROOK PLACE. Lots w~ be ld~ly restricted as'to ~se, and most lots ~ require a minimum ot3,800 sQ. ft. living area (single story homes) and 3,400 sq. ft. f~st level iiving ares for two story homes; - . Because there was no zo~g offered between $F-16 (16,000 sq. fi. lot) and a ,z~mlng. or 4~,s~o ~q. fl. (on, full acm !et) we have applied for the SF-16. However, plans mo!u. de lots t~ngi~ from appronmately 1/2 acre.to almost one full acre, taking into oonsxdgtMion existing deed ~estriotions of ~A acre minimum on ~ome of the aoreege involved. We have conferred with the City regarding b~au.l~ing the flood plain by' Ie.~orhlg the previou~ watt, iv. ay (renlovlng the sRO, and clea~ing brash and brambles ac that mature, beautiful tr~e~ eon fill out and ooufinue to grow in a pa~k-like greenbelt throughthefl0odphir . . .. . · . Shadow Brook Place, as well as those of you to the eas~ Pt~e~t plan~ inolu& walkway Coaok ~com the water) through the green bolt with benches and gas4ypo lights; a picnic area; fishing pior~ and aRraolive landscaping throughout the area. Plans are to manicure the west side of the creek/lake to the Water's edge (grass and flowers), with perhaps a small circulating fottlltahl ill th~ mom ~a!!OW ~rC~_ to water mo ing and as clear as possFole. · We are wrlting you now so lhat you vail be fal~ili,r with curre.llt plarls. These ; .thinl~s seems to ~ake a long time, but we feel the end result ~ benefit everyone when it ' ' ' ~s completed, and we look forward to remalning in the area. · .IfyouhaYequestions, or ifyou live on the east side and would like /o join in -- -' · the project on your side, we would welc°me your input. PIease contact Beverly . . II1[[ sHADOw BROOK PLACE PLANNING & DEVELOPMENT BevetlyStephep~ POS~'OFF~O~. BOX ~0877 · D ..E~ON, TX 76206 · ~EL/PAX (940) 387-~7~1 saturday, July 24th.'. ..~ Sunday, August '1st Tuesday, August 3rd ENCLOSURE . ! ! i VOLUNTARY ANNEXATION SCHEDULE: SHADOW BROOK PLACE (A-90) Notice published in Denton ReCord-Chro~!cle forflrst City council · Public hearing concerning annexation. .. Notice published in Denton Record-Chronicle for second City Council public hearing cOncerning annexation. City Council conducts first public hearing. · Public notice must be no less than 10 days and no moro than 20 days before public hearing. [3Annexation Study prepared and available for public review. · n Service Plan prepared and available for public review. Sunday, August 8th Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, August 17th Wednesday, August 25th city Council conducts second public hearinq. · . Public notice must be no less than 10 days and no moro.than 20 daYs before Publichearing. . . . Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. · Public notice must be no less than 10 days before public hearing. Tuesday, September 7~h 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. Sunday, September 12~ Publication of annexation Ordinance with service plan in Denton Sunday, September 12th Notice published in Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. · Public notice must be no less than 'i 5 days before public hearing. Tuesday, October 19th City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than'90'days after council institutes annexation proceedings. A-~O.,lnner, etion Se.]~e&de. doc ENCLOSURE:' 12 ANNEXATION SERVICE PLAN CASE ~BR: AREA: ~ .LOCATION: A-90 (Shadow Brook. Place) · 34.40 acres ..... ~ '7'On ti0 s6U.~ sid~'~f Bi Pa~oR°a~l and .ap~rO×,rnately five hundred (SOo) 'feet no~'ofRy~ ROad ~ De~[on,s eX~ate~odal j~sdiction ~T~. It is adjacent to the Estates of Fo~dge subdi~sion to ~e w~t, ~e Mont~ito subdivision to ~e no~h, ~d ~e Montecito Del S~ subdivision to ~e e~t. 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 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property on the effective date of the annexation using existing personnel and equipment. Fire Protection 1. Fire pr°t~Cfi0n (within the limits of existing hydrants) and ·emergency medical services will be provided t° the property On the effective date of tho annexation using existing personnel and equipment. ' Co Solid Waste Collection Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. D. - Water/Waste.water Facilities 1. Maintenance of water and wastewater facilities in thc area to be annexed that are not within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment.. El'.: ROadS and streets ' ' ' : : ' "'.' : "': :. ': : 1. Maintenance of roads and streets, inoluding road and street lighting, i~ the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing par~, playground,,' ~wimming pools, and other recreational facilities in 'the area. A-90 (Short) Ser,~ce Plan. doc ANNEXATI°N SERVICE PLAN Shadow Brook Place G. Electric Facilities 1.: BleCtric t~tilltY-s~i~iCe wifl "be 'pro~dcd on'the effectiVe date of thc. ~nnexation Using H. Library Services 1. Library services will be provided on tho 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 on tho effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided on 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.: .' K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land 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. · (Short) Service Plan.doc ORDINANCE NO ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOP, A SINGLE- FAMff.~ .Y 16 (SF,16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34.40 ACRES OF LAND.LOCATED ON THE SOUTH,SiDE OF.'EL PASEO STRBET.~. · ' ~'PpROx1M~TELY FiVEHUND~D (500) FEET NoRTH'OF RYAN ROAD..IT. IS BOUNDED BY THE ESTATES OF FORRESTRIDGE SUBDMSION TO THE WEST AND THE MONTECITO DEL SUR SUBDMSION TO THE EAST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREQF;' AND PROVIDING FOP, AN EFFECTIVE DATE. (Z-99-051) WHEREAS, Beverly Stephens, has applied for a Single-family 16 (SF-16) zoning district classification and use designation for 34.40 acres of land; and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council ~nds 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 cotmcm oF THE CIiY 0V DENTON HEREEy ORD U S: ~. That the zoning district classification and use designation of the 3~.40 acre property described in the legal 'description attached hereto and incorporated herein as Exhibit A is a Single-family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton; Texas. '~. That the City's official zoning map is amended to show the 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 th'is ord{~an~e is violated shall Constimt?__a separate and distinct offense. ', . ... . . . ' .. ~. 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 pub, lished in the City of Denton; Texas, within ten (10) days of the date of its passage. 24. PASSED AND APPROVED this the ~. day of " " JACK MII.LER, MAYOR' ATTEST: JENNIFER WALTERS, CITY SECRETARY · BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Planning and Zoning Commission Mi~ A~'TACHHP''NT 2 ... · .- t25 1999 " Augus , Page 2 of 4 pUBLIC HEARING - COMP PLAN 5. Hold the first of two public hearings regarding the draft Denton COmp Plan. · · **D;" ;*" ' ~' ** ;' '*' ~:-*.~' * .... " '. .' i .-- .' .. ::* i . · ,- .. !scussfon of item is included m COurt Repoi:tefs transcript attached to this set of minutes' · (pag'e'38]....... :.... -.......-..:. .. .-... : .. : ...-....._ p ~ HEARING - ZONING CHANGF 6. Shadow Brook Place. 34.40 acres located on the South side of El Paseo Street a approximately five hundred (500) feet north of Ryan Road. nd a. Hold a public'hearing and consider making a recommendation to the city Council regarding the voluntary annexation. (A-90) Motion by Perry McNeill and seconded by Salty Rishel to recommend approval to City Council. · Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 64). Motion carries 5-0. b. · Hold a public hearing and consider making a recommendation to the City Council regarding the zoning. The applicant is requesting a Single,family 16 (SF~16 Zo .:' district for the'entire tract It is boUnded bv the =~,~ ..,,-_, . ~ '....) ning ..... J ,-o,,=,~o u/rorreszriage SUDOivision t° · the west and the Mohtecito Del SUr subdivision, to the east. The pr(~p0sal is.to 'develop a'sihgle-family subdivision with a minimum lot size of'16,000 square feet. (Z-99-051, Shadow Brook Place, Wayne.Reed) Motion by Salty Rishel and seconded bY Elizabeth Gourdie to recommend approval to City Council. · Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 68). Motion carries 5-0. -- 7. Hold a public hearing and consider making a recomn f Council · concerning the rezoning of 0.70 acres from a Commercial (C) zoning district to a Central · Business (CB) zoning district. The property is loCated on the north side Of E~ Oak sffeet · · between Austin street and Oakland Street; The proposal is to redevelop the Site with a · mix of residential, office and cOmmerCial uSes. (Z.99~057, 201-215 E. Oak'StrEet, Wayne Ree~l) '.. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 88). Motion carries 5-0. Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of a 0.45 acre site from an Agricultural (A) zoning district to an Office (O) zoning district. The property is located at 103 Woodrow Lane, south of East McKinney. The purpose of the zoning change is to allow for the development of a professional office. (Z-99-0580 103 Woodrow, Thomas B. Gray) · O~ Conden~It ~ ' Page I graphics that can show you how all those neighborhoods 2 could inter- _rea~ ~ each other just like they do today. B MS. C, OURDIE: 'that might b~ helpful because 4 I think we're all ~nvisioning pile up. And I think to 5 dispel this fear that we all have as to seeing just one 6 big neighborhood center down thc road,! think a visual 5. w.'ould wo derf , to halp USun ! md. .Sl .t tlonl. s .: Ms. MCSSm! fll try to pu~.somcthing 9 together fo~jou. 10 Ms. couP, nm: Thank you. I l MR. ENGELBRECHT: Other questions or 12 comments for staff? Let mc ask, and I don't know -- was 13 there someone else here who had come up and requested to 14 speak? Mr. Reed, was there someone else who came and 15 requested to speak? Commissioners, it appears there was 16 someone else who came in, do you have any problem if we 17 open thc public hearing and go ahead and take thc 18 comment tonight? Okay. In that case, we're going to 19 reopen the public hearing. If you would please come up 20 and give us your name and address for thc record and 21 we'U go ahead and take your comments. 22 MS. DRAEVITCH: Thank you, Chairman 23 Engelbrocht. I name is Debra Draeviteh. My address is 24 2221 Stonagate. I'm very sorry I came in. at thc end.. ~.5 i,m juggling a church meeting with this'meeting.. And, ·. · · Page 63 Council rr~_'ting thnt on~6f tl~ Concil members asked could you gtve us some examples of thos~. 'And I asked that at the worksh6p and Mr. Donaldson said, well, Denton $0 years ago. Unfortunately, it is 50 years later. We do have a minimum mass transit but if we're trying to accomplish this mega-growth in smaller areas, We~v~ got to take eare of those peoplegCttlng from place.to place with roa~s. - .that aren*t designed a.t. 9 current levels for those types bf transporta{ion or 10 we'll to have pay for a new mass transit or expand a 11 mass transit 12 I think those mixed uso centers are 13 wonderful. I don't see any reason whytheyean'tb~ 14 accomplished under your current Comprehensive IX-area 15 D~velopment Plan that YOu adopted, or that the City 16 adopted some years ago. With a planned unit development 17 you can have all that and s~ how it looks and see how 15 it works before you make this radical departure from 19 your existing philosophy and regulations. 20 I just know that 13 years ago a lot of 21 citizens spent a lot of time and gave a lot of thought 22 for that plan. And I'm not sure what we're trading for 23 and I think that there have ~ -- I'm real glad that 24 . Commissioner Gou~die asked for some examples and some 25 .drawings .and some real-life places that we can go and " .Page'62 I in any event, I want you to know that I attended the 1 2 neighborhood meeting on the plan at Sam Houston, as w~ll 2 3 as both conimunlty workshops and was very enthused to 3 4 hear that the plan was going to address the quality, the 4 5 quantity, the location, and the timing of growth in 5 6 Denton. 6 7 As a parent of schgul children who if you 7 8 havc an opportunity to ddvc by any of thc schools with 8 9 all the portables, you know the crisis situation that 9 10 exists with resp~t to thc infrastructurc and the lack 10 11' of it for Our schools.' Other communities who are'... 12 grappling with this issue have worked lo. manage and 13 control thelr'growth so that they are able to provide 14 for those school children. 14 15 Unfortunately, this document that you're 15 16 consiclerlng docs not provida for any of those methods of 16 17 management of growth. Indeexi, IreSl~CtCommisdoncr 17 Ii Moreno~s questioning as far as what some of the other 18 19 neighboring communities are looking at as far as ~,1~9 20 densities in order to manage their growth so that they~T20 ~1 can provid~ for their existing citizens and school The concept of a neighbor -- that mixed use 24 area that CommL~sioncr (.~ourdic talked about is, indeed, 25 a very enticing one. I understand at last night's Page 64 see where this has worked before we trade in what -- or we vote -- or you vote to trade in what we hav~ for thl.s better way of life. And I'd be.pleased to respond to any questions. MR. ENGELB1LECHT: commissioners, any questions? It appears not. Thank you. Since we did give you an opportunlty, is there anyone else who has come in and is present who would like to ad .d~s the draft Comprehensive Plan? In that case, public hearing is closed. And we will move -- actually, it is 7:00 11 o'clock and if CommissiOners have'hq 0thetlcomment~ with 12 regard to this'isbue, we will break and return'at 7:301 MP~ ENG£LSRECHT: okay. Ladies and gentlemen, at this time if I could have your attention, I will reeonvene the meeting and we'll move on to Agenda Item 6'this evening. We are now moving into the public hearings with regard to zoning changes portion of our Agenda. Item 6 is in two parts. Shadow Brook Place is 34.4 acres located on the south s?le of E1 Pasco Street and approximately 500 feet north of R~en Road. Item A is to hold a Public hearing and consider making a recommendation to the City Council regarding voluntary annexation. I belicvc Mr. Reed is going to -- at this time I'll Ol~a the publio hearing. Page 65 ' ' ' page 671 I believe Mr. Reed is going to provide us with the staff I record, bus~kss address:~-' -L report. 2 MS. S'~'~'~.I,I-I~tS: ~everl¥ Stephens,.420 E1 . MR. REED: TI0ank you, Commisdoncr 3 Pasco Street. We live fight.next to this propa-ty and ' ' 4 Engelbrecht, and good evening, Comm~,sloners. At this 5 time I'm going to pass out a copy of additional 6 responses that staff has recclv~ since thc st~T '7 report... ' . ,' ' · . 8 ' '~. · MR. I~.GE~BRECHT: with regard.to the: ' ' 9. anfieiation?' 10 MR. REF_~: With regard to the zoning. 11 Commissioner Engelbreeht, would you z~peat yourself to 12 me, as I was messing around with my folders, are we just 13 doing the public heating now for the annexation? 14 MR. E2~'GELBRECHT: This is listed as two I$ separate public hearings so I simply read A, to hold a 16 public hearing regarding voluntary annexation. 17 MR. I~ED: All right. The subject 34.4-acre 18 site is located in south Denton and is surrounded by 19 existing neighborhoods, speeifieaily the Forrestridge 20 subdivision to the west and the Monteeito subdivision to 21 thc east. To the south of this property -- and fa'st of 22 all, this property is within a little enclave of the 23 which stretches north from Ryan Road in between these 24 two existing subdivisions that I*vc mentiOned. . '25 Previously within the'i~ast six.mOnths, we've' annexed two Page 66 I properties to the south here. One was referred to as 2 Thistle Hill and that was Annexation No. 79. A previous 3 one to that, Ryan Ranch, Annexation No. 78, you can see 4 on the vicinity map. So this one is just north of those 5two. The annexation is consistent with our City 7 policy et' Ice!ring at property outside the City limits 8 which is contiguous with our existing boundaries and 9 annexing it when development is proposed that triggers 10 the annexation policy. I'd be happy to answer any i2 . lvk~. ENaaL~p, Eclrr: Commi~ioners, any ' ' 13 questlons? Appears not. Thankyou. Mr. Reed,isthe 14 city the petitioner in this case? 15 MR. PP_.ED: No, this is a voluntary 16 annexation. 17 MR. ENOELBRECHT: All right. Is the 18 petitioner or petitioner's repres~tativc present? If 19 you would - would you care to make any remarks with 20 re, rd to thc annexation? We'll take the zoning in a 21 moment. 22 MS. STEPHENS: I really don't have any 23 remarks. 24 MR. ENG£LBRECltT: IfI could interrupt you, if you could give us your name and addi~s for the 4 we are one of the investors that are developing the 5 property. 6 ~ l~a~us~crrr: C?mmlssinners' any .7.'. qu~ions? It aPp~rs .not. '.Thank yOu~ 'Is there m3yone . 8..presen.t Who would'like to ~ in' fa~i- of this . 9 annexation?' 3myoge pre,~at to speak in favor of ~he 10 annexation? 11 In that case, is there anyone present to 12 speak in opposition to the annexation? Anyone pre~ent 13 to speak in opposition of the annexation? Seeing no 14 opposition, we will waive rebuttal. The public hearing 15 is closed. Mr. Reed, any final staff remarks? We have 16 your staff recommendation here. 17 MR. REED: That*s correct. Staffdoes 18 recommend approval or for the P&Z to recommend approval 19 to City Council of the voluntary annexation. 20 MIL ~lq'G£LBRECHT: All right. Any questions 21 for staff, comments, or a motion? 22 MIL MCNFALL: I'll make a motion that we 23 recommend approval of A-90 finding that it's consistent 24 with the '88 Denton.Plan, it's consistent with the 1998 25 .Denton Plan Pal!ci¢-s .and the Growth Mgna,.oement frOm PLANNING & ZONING AU~JUST 25_ l~}!)O : Page 68 I I recommend that --.I make a motion that we annex A-90. 2 MR. mSH~L: second. 3 MIL I~IGELBRECHT: It*s ~ moved and 4 seconded to recommend approval. Any discussion? If 5 not, would you vote on the motion using our little 6 cleetroni¢ system here. And motion is passed 7 unanimously. 8 Okay. Item 6B then is to hold a public 9 hearing and consider making a recommendation to the City t0 Council regarding the zoning. The applicant is 11 i. reqUeSting/a SinglcCFa?;ly ;! 6 zoning district for the 12 ' entire tract. It is botmded by the. Estates. of '~ 13 Forrestrldge subdivision to the west arid th6'Monte~ito 14 Del Sur subdivision to the east. The proposal is to 15 develop a single-family subdivision with a rn~n;mum lot :16 size of 16,000 square feet At this time I*ll open the 17 public hearing grad ask Mr. Reed to provide us with a 18 staff report. 19 MR. REED: Thank you. The requested zoning 20 for this 34-acre property is Single-Family 16 which is 21 consistent with the neighborhoods surroundfn~ it. SOme 22 ~f o~ policies in our Comprehensive Plan talked 23 directly to thc idea of protecting existing 24 neighborhoods. And one way to do that is with rcqu~t 25 to ,one property adjacent to c×~i,~g ne~ghhothooda is 1 · 2 4 Page 69 Page 71 to apply ~mllar zon!"g ~i~ricts. So the applicants' i attached to_.i,L~Ut there a~'~ng neighborhoods request here -- is th~ overhead - thank you - is to 2 where zoning regulations probably allow smaller lot zone it similarly to the existing zoning districts. ~ 3 sizes thnn thc deed restrictiens do nad the deed applicants' request is ideatical to the existing zoning 4 restrletions are held in force. And th;~, byno means,' 5 of the neighborhoods around it. So, in effect, thc 5 invalidates thc deed restrictions. 6 protxnty will develop with a mh~!m,m l.ot.slze of 16,000 6 . MR. Pa~P,E~ ~ not circumvent with OUr -- 7' .square feet w .hl.'ch'is C°nsLs~t ..wlth. th¢.n¢ighb0~h'.cx~... 7" ilv~ l~n:'It does noL ' . ' s. ::aroundhete. "': ' :. ' ' . ':' s. . 'MR..~. 0ELBP. W. am .tet=easkY. o~, Wehaveaa '" 9 Zoulng regulations, another form of ' ' 9es/ate lo~ category, I believe. I can't the remember · 10 restriction on lot size is deed restrictions. These are 10 the title exactly. Is that not what it's called? 11 private contracts between the properS, owners and -- the 11 MR. DONALDSON: We have a cross-section for 12 orlginal property owners and subsequent property owners. 12 street standards that w¢ call an estate street. In 13 Staff is actually aware that the bottom one-third of the 13 order tb qualify to do an estate street you have to have 14 property, of the site actually has deed restrictions 14 a minimum one-acre lot size ami a minimum of 100 lineal 15 limiting lot sizes to no less than thres-qtmrters. I 15 feet of frontage. 16 just thought I'd provide that information to you. So in 16 MR. EIaG£LBP, EcI~r: .xfy question then i~ in the 17 addition to zoning regulations, there are some deed 17 event that this is zoned $F-~6 and let's assume for a 18 restrictions that will limit lot sizes here. 18 moment that some of it is deed restricted to minimum of 19 I'd llke to talk about the notification. 19 one-acre lots, would they by right be able to build the 20 Staff mailed 33 legal notices by certified mail to 20 estate-type street or because it's zoned $F-16, would 21 property owners within 200 feet and mailed another ll8 21 they be required to put in that sF-16 type street? 22 courtesy letters to residents within 500 feet. As of 22 MR. DONALDSON: 1~'0, that would b~ a function 23 the staff report I had received one response and it was 23. of the actual plat rather than the zoning so they can !4 in opposition. As of today I've received four and theY. 2~ always chcose to plat lots that are grester than the '5 are ail in eppos!tlon.' I did not have the map print0ut ' .. 25 zoning. So if they .came in with the plat that had · Page 70 Page 72 I with the addresses so I'm not sure exactly where on the I nothing but one-acre lots adjacent to the streets and 2 streets them p~opertles are, but I did note that one 2 they had the minimum frontage., they would b~ allowed to 3 was on Wellington Oaks Circle, two on Forrestridge 3 use the estate section. 4 Drive, and one on Santiago Place. 4 MR. EIa~£LBP, ECHT: Any other questions for 5 Again, the request for zoning is consistent 5 staff? 6 with the 1988 Denton Development Plan and the 1998 6 MR. RISHEL: ~Ut the deed restrictions in 7 Denton Plan Policies and i999 Growth Management Plan and 7 this case do not specify a one-acre lot, they're more 8 Strategles and the draft Land Use Plan. I'd be happy to 8 like three-quarters of an acre. 9 answer any questions. 9 MR. REED: Three-q~ acre. 10 MR. £1a~£LBRE¢i-rr: Commissioners, any 10 M~ IUSHED SO the estate planning Would ll.:questiensforMr. Reed?:Mr. McNeill. . '" .. ..'- 11 noi.apPlyt0that? 12' ". MR.lvIcNEI{~Li'Tha letters that ~0U gOt in ' 12 13 opposition, were there any reasons why they were in 13 MR. ENGELBRECHT: Any other questions for 14 opposition? 14 staff? Thank you, Mr. Reed. Is petitioner or 15 MR. REED: NO. In fact, there were no 15 petitioner's representative presmt? Do you cam to 16 comments written on those. 16 make any comment. If you would again give us your name 17 MR.MCI~'EILL: okay. Thankyou. 17 and address fer the record. t8 lvm. IiVtOI~LBP,~CHT: lvir. Reed, in regard to the lg MS. STEPHEIaS: Beverly Stephens, 420 El 19 deed restriction issue, are we being inconsisteat by -- 19 Pasco Street, and I would be glad to answer any 20 or is the applicant being inconsistent in the sense of 20 questions. I did not send ia a card to speak in favor. !1 requesting zoning which is smaller than what deed 21 ,I gu.ess I can give you a little bit of background 122 restrictions would allow? 22 information here. We do plm to -- because we were 1 23 MR. R~o: NO. I think you*d fred that -- . 23 planning larger lots, wc ~ for tho SF-16 because thc 24 not common place,.many subdivisions are developed with 24 next zoning wc would have to ask for was the full one 25 an original plat which may havo some deed restrictions 25 acre. Wc plan to build a new home there ourselves. We Page I do want large lots. ]~[ght now- we initially planned and I have 3 a Httle bit ofa - the initial layout that the 4 englncers did for us had all of the lots at least $ three:quarters of an acre and some wa~ even like 1.2 6 acres. However, we have found that not only on this ? .s°uth '!2 acres, iS.the~ a'.thr~a~.~ ,~inimum,. 'S them is 150-fo6t fr0ntage r?.~lul, g-',~n{, i~And these '' 9 little cul-de-sacs did not ~l thos~ rcquhcmentsV 10 The engineers had also -- we want to put a 11 gre~belt along the flood plain and Allen William% 12 who's going to be our supervisor and coordinating this 13 project has be~n in touch with the City regarding 14 restoring this little creek area and makihg a really 15 pretty area for some of the lots to back onto. The 16 gre~belt area would be all down this side and some of 17 the lots would back onto it. However, we have come up 18 with some problems, not only the 150-foot frontage, but 19 we have one big beautiful tree that's right in the 20 middle of that strut. 21 So there are going to be several changes 22 made to this. And I just sent out a letter to the 23 neighbors, because they see activity and I'm sure they 24 want to know what,s going on here, and told them that we 25 ar~ planning a subdivision with no lesS'than half-acre · : ' Page 74 I lots. Should one of these have to be reduced, it 2 wouldn't go less than half an acre. And the mst of 3 th~m in this 12 acres will be, of course, three-quarter 4 acre and maybe even larger. 5 But we don't have -- everything to do with 6 development th~se days is just backed up and we don't 7 have our final revisions, yet as to exactly what they S contemplate that we can do here to keep in-line with the 9 deed restrictions and still set up -- we didn't want 10 just a square box bern with square lots and whatever, u and We.did Want large lots.' ii think'D~nt6n is vel~' ',: 12.. short ofaren for CUstom homes On spaCious 'lots. And 13 because we do want to stay in the area, this was our 14 cholc~, too~ a,s a plac~ to build. 15 There are -- oh, some of the points that I 16 probably could make, we have had several people say 17 because we raised horses there for 15 years, and they IS said, oh, plcas~ don't take our beautiful horse pasture. 19 You know, our children like to come out and see the 20 horses, all ldnds of l~rsonal things that ~ changes 21 are going to affect. And we understand that but we aisc 22 feel h'~e hhe whole development will be an asset. Right 23 now, it is a vacant piece of land. There are no hors~s 24 there anymore. It's dry. It's ugly. There is no way 25 that a pretty gr~nbeli, beautiful manicured lawns, and PLANNING & ZONING AUOUST 25, 1999 30. I beautlful:h~.~mes would n~i ink, rove tbe area. " 2 A~d ~'wc ar? asking for thc zenlng and we 3 will work with tho City. I th;n~' Allen h~s ~ working . 4 with the City rq~rd;n~ the greenbelt, but until it $ becomes the City right-of-way, we, you know, haven't 6. made any Final plans. We've just trimmed up tr~s and ? .tried ~ get enough brush out, that we can even find '. S.wh~retli~iittlecr~ekisinthere. :'.. .' ..: 10 questions for Ms. Stepl~'ns? It appears not. Thank you 11 very much. Is ther~ anyone present who would like to 12 speak in favor ofthls petition? Anyone present to 13 speak in favor of the petition? 14 In that ca~, is tha~ anyone present to 15 spa. ak. in opposition to the petition? Yes, sir. Ifyou 16 would please give us your name and eddress for the 17 record. 18 MP,. ClAR~ ~im Clark, 3501 Forrestridge 19 Drive. And I thlnl~ opposition is probably a bad word 20 because I feel like I'm voting on something without the 21 information becaus~ I got three pieces of information 22 within the past two weeks. Other than that for a year, 23 I back right up to the property, I've been watching 24 fences tom down, stables tom down, which is all 25 dcvolupment. I don't have a'problem with that.' In Page 76 I matter of fact, my rat problem is gone away now becan.~ 2 the stables are gone. So that's good. 'I've been 3 watching dirt being carded in and everything else. We 4 know something is going on. I just don't think there's $ information. 6 For instance, like she already mentioned, I 7 get the notice it's ~quarta~ of an acre, and then 8 I got thc letter, it's a haft an acre. So we've already 9 got a 33 percent ~xluction. SFqS, that's another 33 [0 percent reduction. In truth in adva'tlsing,'so far in 11 D~toh'the past t~ years I lived bo'e; penP!e ask for ..' 12 ^, they get z abrrov they 6uila %und ' 13 M. So I'm saying lf~hey ask for A, grant them A and 14 don't give them tl~ vaiggle room in between. 15 The othur thin~, in the letter it taiked 16 about duty and privacy and also, without no information, 17 I aiso heard th~ talk about it being a gated community. 18 Do you know if that - is that being requeaeA? Isit 19 going to be a gated cornmunity? Is that part of it? I 20 don't know. Tbe~'s a lot of stuff in this information 21 I don't know. Theplawcdon'tknowlx~ansetha-~,s 22 ~oin~ to be change. So it's not in opposition, I just 23 riced more information because I know it's going to be 24 developed. It's going to tom out beautiful. It's a 2~ great property back tlm'6. I know a lot of flood plsin Page 73 - Page 76 Page 77 I was involved at one time. They've been carrying dirt 2 back there for nine months so the elevations I know have :3 ehangedslncetheofiginal ones because of the amount of 4 di~t back there. 5 My objections to something may not even 6 exist. I don't want a gated community lx~u~ th~ is a ? .WeUTestfil~,.,hed commuuity on Forreari~e On one side .. s '"-Sd Monie~ito ~ ihfi otb. er,- I want t6 bo:p.art 07.. :' ..'" 9 developmeni but one thing I vk~s cone~aed about h~r 10 plat, this is the f'mt time I saw it, was it looks like 11 to me that some of the lots, the houses, the. backs of 12 the houses will bo on El Pasco. They've now turned 13 street that has frontal houses with back houses. I 14 mean, this is more information you don't know. It seems 14 15 like you're having to vote on something without the 15 16 information. Is that true? I don't like the lot size 16 17 varying. If she wants three-quarters of an acre, even 17 18 if you have to make a new one, grant three-quarters of 19 anaere. If she wants a haif, grant a half. Idon't 19 z~m--_q-m~_,~m~cm': ~y questions for Mr. 2 Clark? Yes, Ms. ~e. .' 3 MS. ~m: ~j~ ~ ~ ~y I ~ 4 ~ yo~ it's ni~ ~ ~ow ti ~e &~s. But ~ j~ ~g ~e l~d ~d ~g ~at ~ expl~ 6 ~fi~ ~at ~'s a ~ ~ctlon on i~ 7 ~ ~ ~ go ~!0TM aa ~:q~i I ~ow-W~t ' .s you're ~g. Ano~er ihlh~ is We ~ave or~i-~s 9 we ~'t j~t'm~e ~ 0r~ ~me out of ~e a~ to 10 ~y you ~ ~ne it ~-q~r ac~. And ~ ~e 11 probl~ is ~e ~ fa~ ~ o~ or~n~ 12 w~ch is ~ law, you ~ ~ve SF-16, yo~ ~ have one ~e, but we had no~ng in ~ ~ ~e h~ to wMch ~ clo~ to her oppo~niti~ to work ~ it. So it's ~nd l~e, ~e Piing ~d ~g ~mmi~ion, we have ~ work ~ ~e law ~d ~e law ~ ~at ~s is ~e ~ning and we have W d~ what ~e law ~s. And ~at's what m~ it ~fficult for ~ t~. 20 like selling me three-quarters and then building 16. 21 Just don't do it. Just pick one or the other. 22 The other thing, I do agree. I think we do need the 23 larger lots in the City of Denton. I think we need our 20 MR. CLARK: well, it's also very difficult 21 because -- have y'all been down Forrestridge? Didyou 22 know the deed restrictions for Forrcstrldge says you 23 can't have a stucco house? Were you aware of that? How 24 local builders building those. I~d like to know if this $ .devei°Pment is going t0 be Pulte Custom Homes with Your 24 'many stucco houses are in' Forrestridge? So deed. 25 restrictions can'go boom like that. : Page 78 I five choices and you get to pick the carpet and that 1 2 makes it a custom homes or is it going to bo true custom 2 3 homes? Onc~ ~gain, not enough information. 3 MIL ENGELBRECHT: well, I'understand. A deed restriction is an issue that the resident has'to take up, not the City. Page 80 Another thing is this, when you get here, when does the tree people take over? After annexation? Because we didn't arise to opposition for annexation. I've seen some developments, they take bulldozers and wipe out every stick of green earth and there's no trees. And she did mention there's a beautiful tree MIL CLARK: Right. So that's what I'm saying. But they're sellin~ deext restrictions, but you're only approving the zoning and there's a big variance. I don't like the big variances. MR. ENGELBRECHT: okay. Any other questions for Mr. Clark? Thank you. Is there anyone els6 present 10 there. I mean, you need some variances there. So it's 10 who would like to speak in oppOSition? AnYone else 11 hard to bo in bpposltlon or for when there'S no : '- I1'. present t0 speak in °Pposltlon? Yes?ir,. Ifyouw0uld 12 informa'tioni. ' ".i' '. 'i"" : 12' please gix;e' US yOur. nameandaddre.4sforth~rec°rd.' 13 Other than we're going ~o build house Id're. ' 13 MR. RAINEY: My name is Kemp Rainey at 211 14 We may dn this. We may do this. We may do that. I 14 Royal Oaks Place. And, again, Iquesfiontheterm 15 think you need a plan, an established plan, then you 15 opposition but it raises some questions and I know you 16 have something to decide on. I hate making derisions 16 spoke about the deed restrictions, but that only affects 17 for or against without the information. So dees anybody 17 the bottom one:thlrd of that property, asIrecall, and IS know? Is it going to be a gated community? Is that in 18 not the entire pro .Pe~'Y. And we're concemecl about the 19 th~ request? Am those houses going to fac~ F.l Pasco? 19 entire property. If them is some concern about it, 20 MIL EI, IOELBRECHT: Those are -- sinc~ you 20 SF-16 as I understand it is a rninimunl 16,000 square foot I have come up in opposition, what that does is that 21 lot; b that correct? 22 triggers an opportunity for the petitioner to address 22 MIL ENGELBRECHT: That's correct. 23 those issues in a few ra~nutes aS part of the process. 23 M~ RAn4SY= okay. TI~ next one up is the 24 MR. CLARK: okay. I just need more 24 estate lot. Can we go up -- why not go up to the 25 information. . 25 lot as opposed to down to the SF-163 I think when page I you*re talking about this ama in here, in between the 2 two areas that you're talking about, I don't see any 3 reason to go down. I think wc should go up. I th;n~ it 4 should bo incumbent upon us ff we're to protect this 5 area to keep it at large lots and not be able to go down 6 to tho s- un&rst~mcl ~'law, Mt some of tho i~-~n ~as' that 9 exist in these ii'cas -= the~ is an incredible t~ee 10 on tho eastern side of that property that runs almost 11 the entire length of that property. Nothing*s been said 12 about tho trecline, You know, we talk about greenbelts 13 over on the east side.but tho west side has a 14 ma.gn;ficent tree line and that hasn't been addressed at 15 all. I think part of what's happening right now in the 16 City of Denton is we're losing .a lot of green areas in 17 certain areas and riley are, to use MI'. Clark's 22 I*m not saying they won't build a home for sale in 23 there. But we plan to keep the living space 24. requirements at 3,400 to 3,800 squarefeot so we,re ~ spaci6us homes on spacious lots~ - Page 84 I And no trees will be removed.. And when I 2 mentioned that there would have to be changes'in this 3 plan, it was because there is a huge tree in a pasture 4 that I do not want to take down. All the trees along 5 Forrestridge might be trimmed up or whatever. They will 6 not be removed. The trees that are on the property 7 right now will stay. We have tried to take out Willow 8 trees, dead trees, brush, whatever to where thc good 9 mature Oaks and whatever - I'm not a horticulturist but 10 there arc semc beautiful trees in there -- to where they 11 will be able to keep growing, mature, andmake a really ~ n pretty p rk '.at We got in them to try to 13 clean it out, we started at one end and went to the 14 other just clearing brush because this is 20 to 30 years 15 of growth that hasn't been touched. We were never even 16 able to ride a horse over there to see where the creek 17 was because it ~vas se thiek. And it wilt make a 18 beautiful park area but we don't plan to take any of the 19 big good trees out. And as far as someone saying we should go up 21 to estate-size lots as opposed to SF-16, that we would 22 ~ go~ng down~ we aren't going down. SF-16 is 23 Forrestridge. sv-16 is Monteeito Del Sur. If we are at 24 half-acre lots, we are up. We are not going down. The 25 only 7nn;.~ we could apply for was the sv-16 and still 6 the from:. Thc~ will be no qxedway streets in hero. 18 probably ar6und 30 t°-'32 homes.' .. ' Them'will be no houses b~king ont~ El I0 Pasco. If I can Fmd this again and gct it up hem .. 11 our house is fight here. There is also a house right 12 here. There is a lot right here that presently -- it 13 did have our large horse barn on it. Ii presently does 14 not. It just has the little office portion at the 15 front. That lot faces forward to El Paseo Street. The 16 lots that will be facing into this subdivision are the 17 lots that are in the center here. 18 Let's see what other points I might have 24 25 PLANNING & ZONING AUGUST 25, 1999 : page 82 1 MR. ENGELBRECHT: Ally questions? 2 MS. GOURDIE: I do have a question. 3 Subdivisions do have to do the 15 trees per acre, is 4 that correct? So they can't just -- well, they could $ but they'd be fined exorbitantly for taking down the 6 trees, but it is to their benefit to leave the mln]mnm 7 which is 15 trees per acre. And that's just, again, thc $ law. That is an ordinance that we do have in place. 9 And as you said, it is minimum, but it's a start. 10 . . MR. ENGELBRECHT: MI'. Rainey, do you live 11 w~thln 200 feet? ... ".'. do. 13' MR. ENOELBRECHT: And your lot size is? ~4 tyro. P, oaNEy: rm not exactly certain. It's 15 in the thr~,.quarters of an acre vicinity. I don't know 16 the exact lot size on it. 17 MR. ENOELBRECHT: YOU were in -- what was 18 your-- ' 19 MR. RAINEy: 211 Royal Oalas Place. 20 MR. ENGELBRECHT: Thank you, sir. Is there 21 anyone else present who would lilce to speak in 22 opposition to this petition? Anyone else present to speak in opposition? Seeing no other opposition, petitioner has an opportunity for rebuttal at this time, if you so choose; 22 My only concern is if we either have to go 23 down to SF-16 or up ~0 estate lots, let's go up to 24 estates lots. If there is away that we can protect 25 Some of the-green areas, let's protect them. 18 expression, they're bulldozing down trees left and fight 19 pretty well indiscriminately and I think it's incumbent 19 thought of. Yes, these will be true custom homes. 20 upon thc Zoning Commissioner, as well as the residents 20 These will not be homes that one builder or spec 21 there to try to protect some of these green areas. 21 builders -- these will be custom home builders. ~ow, 10 I1 12 14 16 17 18 19 2O 21 22 23 24 Page 85 I stay within that si~ and tl~ oma-acm. I ~;nk &at's 1 2 it ~S you have ~y o~ queens. 2 ~ ~ ~OELB~C~: ~mmlssio~s. 4 ~y q~ons? 4 5 ~. ~L: It so~ l~o you're c~fly 6 b~g some fffi ~ ~ some way, sha~,-or fem. 7..... :. ~. STEP, NS: W~ had ~ excaVator.'or[ ' S" whamvor .mat' had some eisa ~'~d 9 ~ it.'. ~d ~a~ ~ ~ back.~ p~c slo~s off so muc~ we ~0 ~ntempla~g puffing -- ~m ag~n, we hav~'t en~n~d i~ we hav~'t ~ to We're ~n~mpla~g puffing in a ~t~ffing w~ ~ong 12 ~rc to w~re wc ~ level &so lo2 and not have draping off onto ~ ~n~lt. 14 ~. ~SHEL: Is p~ of~s a fl~dway or a fl~d plan? 16 ~. STEPHENS: T~ fl~d plain is ~low ~ 17 600-f~t level. ~s would ~ above ~s would ~ actual lo~. · ~ ~L: ~d none of ~ ~ you 20 brou~t in is above, is in ~ 600 level. 21 ~. STEPHENS: Is ~low. No, no. 22 ~. ENGELB~C~: ~o ~ any o~r 23 qu~ons for Ms. Step,ns? ~a~ you. At ~S ~c. 24 I'll close ~ pubHc being, ~. R~d,.do you have 25: Page 86 any final staff remarks? MR. I~ED: I suppose I'll just bring this conversation hack to center. Al1 we're looking at hem is land use. The applicant showed a slt~ plan wMch I have not seen before and I just want to make sur~ that the Commissioners am awar~ that the applicant is dct'mitely not married to that ix~cause she has yet to go to the City for platting, so the Commissioners should be aware of that. That plan will d?f'mitely be changed si~lficanfly with engineering requirements and so forth,. And, of court, the applicant also'said .. sore?thUg about n8 tre w0u/d·be rmoved ana'I fifid that a dangerous stato-aent to be said. And for any of th? Commissioners to want to hold her to that because we' have a Landscape Code. So I just wanted to mention that. We do recommend approval and it is again consistent with our '85 I~nton Development plan, as well as our Policies and Growth Management Strat~ies and draft l.~nd Use Plan. MR. ENGELBRECHT.- MS. Gourdie. ~tS. C, OUP~m: I just want to clarify, Mr. Rs~n?y wasn't sum about his lot ~ but you know the zoning in that ar~a is SFq6 and his home could be r~ally on a thru-quarter of an acr~ or acm, but the rain|mitre would have bccll $F-167 Z..' . ..Page 87 :I~t. REEn: That's-correct. MS. G-OURDIE: So the whole subdivision is SF-16 but tbe homes vary from SF-16 on up7 MI~ REED: That's right. MS. C, OURDIE: Okay. Thank you for clarifying ih. at for me. .7. :' MR, ENGELBRECHT:..Otherquesti0us? $inc~ 8 'thh! issu0 of fli6'trces w..~. brought up by individuals 9 who spoke, wo~d ydu just'briefly reView for the 10 audience the Landscape Ordinance as it relates to tr~s on this particular piece of property, what will be required. MR. REED: First, during th~ platting process at th~ preliminary plat stage, atrec inventory. of existing tress on the site is required and that will document tl~ir diameter, Li~ir species, and tbeir health and general height. At the final plat stage in a residential development a site plan is not required but that is -- a plot plan is required once a building permit is Pulled for a specific lot. A property owner has the fight to remove any tr~e on their property if it is of such a siz~ that it is a monarch tr~. It would have to bc designated as such and thc owner has the right to petition for it to be designated as such and preserved. ·. :: · Page 88 I So our Lanclseal~ Code emp.hasizes providing 2 15 tre~ per acm and gives incentives towarcl~ 3 preserving the trees but does not say that you must 4 preserve the trees. And, in short~ that*s our Landscape 6 MR. ENGELBRECHT: Thank you. Any other ? questions? Thank you, Mr. Reed. Commissioners, any $ commcats or a motion? 9 MR. RISHEL: Motion. I'd like t° move to 10 recommend approval ofZ-99-051. 11 ' ,: Ms. C'°ulmlE: Second.. ' · .... 12 M~ ENo£LBREcHT: It'S ~ moved and 13 seconded to recommend approval. Any discussion on the 14 motion7 15 MS. GOURDIE: I just want to say how 16 fortunate y'ali ar~ to get $F-16 behind your backyards. 17 I commend th~ larger lot philosophy right now. Th~k 18 you. 19 MR. ENGELBRECHT: Any other discussion? In 20 that case, vote please. Motion carries uw-~mously. 21 We will move on then to Agenda Item lit. 7, 22 'to h~ld a public hearing and consider maldng a 23 recommendation to City CoUO. Cll concern;ns th~ rczoulng 24 of.? acres from Commercial to Central Business 25 district. TI~ property is located on the north si& of ..~ .' ATTACHMENT ........... ~ .... .,--~. . .- - . .' Z- g 51 - ' ' . ' · · · pu~e of ~e ~nl C ' ..... ~ ~nge b to develop a singl~ml~ su~Msl~. ~ a' min~um lot s~e of ~6,uuu square ~eeL ~e pr~ b p~en~ mo~ f~a~ ~ a ~n~went ~un~ anne~fi~n u~L (C~unm~U~n~derbo~ea~on. and~off~ r~u~ ~ 0~o~r19, lg~,) . pubic h~dng wdl ~ at 5:~ p.m. in M~y ~ DenOn, T~. ~u~ ~u own prope~ ~n ~d huh'tired (2~) ~et of ~e. subJe~ Pmpe~ ~ Planning and Zonl~ ~ml~on would like to hea~ how you z~ng ~ge ~ue~t and ~ you to a~end ~ease, way pr~Es you from e~ending and ~d~gng in ~e publi~ h~ng.) Y~ ~ ~ ff to ~e' numar l~ted at ~e ~, mail ~ to ~e address ~I~, or drop E off Jn-pemon:. Plannlng and Development Department 22t N. Elm ST Denton, Texas 7620t . · Attn:-Wa.vne Reed, Piammril ' · : nv ' '' ' ' · : ' "' ' '"' ' "' ' The. ZOr~ng process ihciudes' two public heatings designed to'provMe 'opi~brtun~es fo~ '~tize olvement and comment.. Prior. to the publlo hearings, lar~downers w~d~in two hundred 2 ' ' . · (00) feet of the ~ubJect property are notified of the zoning request by wa), Of this notice. The first public hearfng held before the Plannlng and Zoning Cornmisdon. The Commission is i~ormed of the percent of responses in support and in oppose, on. Second, the zoning petition ts forwarded to the City Council for final acUon providing the Comrn'~s~1on recommends approval. Should the Commi~slort recommend denlal, the pe~oner may then appeal the request to the City Council. If owners of more than twenty. (20) percent of the land area wi~hln'two hundred (200) feet ofthe sTrte submR wd[ten opposition, then out of seven votes of the.City Council are required to approve the zonlng change. These forms ar& u ~,~. to r. alculafe the percenfa.qe of lanEowner oppos~tlon. l / Please circle one: "'. ."Comments: . :': · .. .. . ,."..' :. -.:.- · ..... , · ,..:...-.: . ;... , , . ... . . · . . ....,.L.....::!'.'.; . .. '... '.:... -- . ·· CITY OF DENTON, .... -' TEXAS crn'~LWES'r - DEm'O~,TEra~ 7e'"ZO~ - s40.a4s..e,~,o. ~)~.~o~ " Z-99-051 The Planning and'Zonlng Commbsion of th~ CRy of Denton will hold a publio hearing on Wednesday, August 25; 1999, to consider zoning a 34.40 acre site located on the south side of El Paseo Street and approximately five hundred' ($00) feet north of RYa.n Road dlstri~ to. single-~!y !6 (S.F.~1.6) zOning . ,, di$~ .~. (se® ma~ on' bacicslde)..: ~i'he site is b0undect.bY.'the'.Estates of..For.eetiioge eubdL~$1on 'to. the. we~t and the MOnteclto Del 8ur subdivision to'the east.- The. PWPefly ?, $, 62, 15, 14'and 15 out of the A. Gibson Survey (Abstract 498) in Denton County, Texas. The · purpose of the zoning change is to develop'a single-family subdMslon with a'mlnlmum lot size of 16,000 square feet. The property is presently moving forward with a concurrent volunta~, annexation requosL (City Councll will consider both th.e anexation and zoning requests on October 19, lg99.) The public hearing will start at 5:$0 p,m. in the Cit~ Cound! Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the zoning change request and invites you to.. attend the public hearing. Please, in order for your opinion to --,h2_~_l??. ~n~_t~._ .~c~.c~u... nt, .re~um thl..s-f .o~?with,y. pur~er~.-prmr~.o-the..date ~:-theeu~iic.hea~ing.r_(_W~s.. _ · ,, r~ way pronID~S yOU a'om ar~e.n, ding aha parocJpatlng In the put, lie nearing,) You may fax it to the ' number located at the bottom, mall it to the address below, or drop it off in-person: Planning and Development Department 221 N, Elm ST Denton, Texas 76201 Attn: Wayne Reed, Piannerll The';zonlng process indudes two public hearings designed-to provide oppor~unlfies, fOr citizen 'nvolvemant and comment.' Prior. to the public hearings, landowners wlthln, two hundred (200) feet of the subject property are notified of the zoning request by'way of this notice.' The first public hearing is heki before the Planning and Zoning Commission. The Commission is informed of the. percent of rosponses, in support and in opposition. Second, the zonlng petition is forwa.rded 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 slx out of seven votes of the City Coundl are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. I Please ©ir©la one: ~-i~'-"~-. I ~'reques~ ........ Neubal-toreq~st .......... ~'-' ..... :-'- -. · cb. atat~ Zip: ~~ ~ 1~0 ~ ' AUG 2 3 199g Te~phone Numben Physiml Addm~ of ~0~ ~in ~ feet: ~1D ~~ ~q ~LANNING & DEVELOPB~ENT ~ OFDE~ON, T~S' ~ ~ ~ · DE~ON, ~ 76201 · ~0.~9.~ · (~ ~0.~9,7707 35. - ~ ' · ..... , · . ~. ~ - ID ~898 ~ : - ": , '~ , · .- ' . ~ .....( : ,: . .. · ~ . 8877 Z 9-051 ~ P~nning and ~ning ~slon ~ ~ C~ of Dent~ ~ll hold a public headng on W~nesday, ~gu~ 25, 1999, to ~nsider zoning a ~.~ a~e site ~ted on ~e so~ side of El Paseo Street and w- ... . P' ... .. ). !ne.s~;e m.~un=ee ~y me:~ams ~f F=~ .... ~t and ~e Monte~to Del Sur su ..... . ._ ....... .. 7, 8~, i2'13 ' -. _. ~Ms]°n.~e~. Thepmpo~lslegaiV'e~d . , 14 8~ 15 o~ ~f th= ~ Gibson ~u~ev (~st~ 490~ =- '~ ..... · - ~ ~ w -* u=n~n ~un~, Texas. The pu~e O~ ~e zoning change IS to devel~ a single*family ~u~ivisi~ with a mln~mum lot size of 18,000 square feet. ~e prope~ is pres~y moving fo~ard w~ a ~n~nt volun~ anne~on requ~t. (Ci~ Coun~l ~11 ~nsider ~th the ~ne~on and ~ning requests on O~ober ~e pubic ~aring will sta~ at 5:30 p.m. in ~e ~' ~un~! Chambem of Ci~ Hall l~ted at 215 M~nney 8tmet. Denton, Te~s. Beoau~e you o~ prope~ ~in ~o hundred (200) fee~ of the ~ubJect pro~e~, ~he PlannJng and Zoning C~ml~ion would like ~o bear how you feel abo~ ~hie zoning change request an~ inv~e~ you to a~end ~e publi~ hea~ng. Please. in order for your opinion to ~ ~u,~u~z~ you ~o~ ~ena~ng ana pa~clpa~m~ m me publ/~ heaffng.) You may f~ ~'.t~ the number Io~ at the bosom, m~il it to ~e address below, or drop R off in-~mon: Planning and ~velopm~t Depa~ent 22t N. Elm 8T Denton, Texas 7~20~ A~n: Wayne Reed, Planner I1 fnThvoe. zoning .process Includes two public hearings designed to 'provide o ortun]ti' Ivementand~ymarmeenn~ '- · - · '. · · ~ PP e, for citizen the subject'ProD; ,~P.~.o_r,t~,~_th. _e:p.ubl,c heaU~.g.s, lando.wners Wlthln two hundred (200) feet of r , v ,,~u u, u~e zoning request Dy way ol 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 Cit~ Council for final action providing the Commission recommends approval. Should the Commisslon 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 wlthin two hundred (200) feet of the site submit wdtten opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are us.ed to calculate the percentage of landowner opposition. I Please circle one:. .... ' · - 'tn ~vorof reqoest ..... Neutral to request -' · Comments: Signature: ~~ . Telephone Number. _ AUG 2 3 1999 PLANNING & DEVELOPMENT Physicel Address of Property withln 2OO feet: _J~ ~.~zr~.~',~,.~tq' CITY OFDENTON, ~,~A$ cn'Y HALL WEST · DENTON, T'EXA~ 76201 - $40.349.~350 Z-99-051Lega/No#ce. doc 36. :..... Z.9'9:~;i.- '-. ,._~,..,,. . ....~q~ Planning ~nd Zoning Commission of ~a Ci~ o~'~'~'~t~n'~il F ,:~ .~a..y u. vvean~aay, · .'August 2~, ~999, to ~nsider zoning a ~.40 a~e site Io~ted on ~e so~h s~de of El Paseo 8truer and :..appro~mately .five hundred (~00) feet no~h of Ryan Road dist~ct to 8ingle-family ~& (SF-~&)zoning ;:'dist~M (see reap'On ba~side): .~he site !s bounded bg thb EStates of.F~f~dge~.SubBi~iSion to' ~e ' . :':Wa~t :ahd t~e M~teci{b D~i*SUrSubdiVisl~n 't0 th~ e~t.--~e pr0pe~ i~ iegally des~bed as Tra6~ '6, ~ 7, '8, 12, 13, 14 and 15 out of the A. ~ib~on sdwey (~stmct 498) pu~ose of the zoning change is to develop a single:family subdivision with a ~inlmum lot size .of 16,000 square feet. The pmpe~ is presently moving fo~ard ~th a ~ncuffent volunta~ annexation request. (Ci~ Council will ~nslder both the anexation and zoning requests 6n October 19, 1999.) ~e public hea~ng ~11 sta~ at 5:30 p.m. in the 'Ci~ 'Council Chambem of Ci~ Hall lo,ted at 215 E. Mc~nney Skeet, Denton, Texas. Because you o~ prope~y.wEhin ~o hundred (200) feet of ~e subject prope~, the Planning and Zoning Commission would like'to hear how you feel abo~ ~is zoning change ~quest and inv~es you ~o aEend the public ~ea~ng. Please, In order for your opinion to .'be taken into ac~unt,-return t~is fo~-With yoU~.~mmen~-p~or'to the date. of~he.public hearing.-. (~his in no way prohib~s you from a~ending and pa~icipabhg in ~e ~ublic hearing.) You may fax if to the number Io~ted at the boffom~ mail it to the address below, or drop it off in-pemon: Planning and DeveloPment Depa~ment 221 N. EI~ ST Denton, Texas 76201 Affn: Wayne Reed, Planner II The Zoning*pr°~ss 'inCludes '~o ,pubiiC' hearings, designed, to provide, opp°~unities for citizen /olvement and '~mment..PriOr to the publi~ heafings~ landowners 'within ~o 'hundred (200) feet of t~e subje~ pmpe~ am notified'of the zoning request by way of this notice. The flint public headng is held before the Planning and Zoning Commission. ~e Commission Is info,ed of the'per, hr of responses in suppo~ and in opposition. Se~nd, the zoning petition is fo~arded to the Ci~ Council for final action Providing the Commission re~mmends approval. Should the Commission re~mmend denial, the petitioner may then appeal the request to the Ci~ Council. If ownem of mom than ~en~ (20) per~nt of the land ama within'~o hundred (200) feet of the site submit wri~en opposition, then six out of seven votes of the Ci~ Council are required to approve the zoning change. These fo~s are used to calculate the per~entage of landowner opposiEon. . Please circle one: ' tn favor of request ---Neutral to request .... ~requeS~ .... ci~.S~e zip:_ ~~ ~ ~~ 'AUG 23 1999 Telephone Numben ~g [ ~ %~ ' PLANNING & DEVELOPMENT -~yslml Address of ~rope~ ~In 200 feet:_ %~0 ~-- ~g qI~oFDENTON~'T~S. C~L~ST,. DE~ON, T~S ~620~; ~0.~9;8350 · (F)~0.~9.~07 Legs! No#c~.doG Thp Planning and Z°hlng Commission of the City oi ~e'~i~)~i Wijl ~)id" ~'l~i~iic hearin 0 August. 25, 1999, to conslder zoning a 34~40 acre site loCated on the .,-.. ~'- -~,~ .... g... n We_.dnes. day: .. Uistrict (see'map-on backside)- The site is b' 'nded hv ,ho ,=A._.__. ...... Y (F-16) zoning approximately five hundred (500) feet north of R a o~,,,. ~..~.. u~ ,'m ~'aseo ~treet ant 3/ n Road district to Slngle-famil 16 S .. ... ·: - -...... -.-........ ...o.u:~.7-.~ -: .,.,v '~-.~.~s:.o. Kr. ores.m.(:lge subdivision to.the ' ~estand'the:M°n:.t_eclt0DelS,.u.[...su. bdsv~s!°n...to, th.e.east.:Thepro e isle a ' '" .... .,;~..'- 7, 8,..12, ,13, 14 and .:15-out o~:me A. Gibson Su V/Ah'~,~,', P~,~,' ',-g !ly.d.e_scnb. ed:~s Tra,4o 6,-*: ...... ... . . .. . ..... .we,., ........ t ,,uo) in -uemon uoun " purpose of the zomng change is to develop a sinnle: ,~k, ~,;~..~;_,_,__ .: .,,' . . ty, ~exas.. The _ ~ fa,,,,,j, ou,,u,v~sun wire a minimum lot size of 16,000 square feet. The property is presently moving forward with a concurrent voluhtary annexation request. (City Council will consider both the anexation and zoning requests on October 19, 1999.) The public hearing will start at 5:30 p.m. in the Cit~ Cot~ncil 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 reguest and invites you to attend the Public hearing. Please, in order for your oplnion to be taken into account, return this form with your comments prior'to the date of the public hearing..-: (This in no way proh/bits you from attending and participating in the ~ublic hearing.) You may fax it' to the number located at the bottom, mail it to the address below, or drop it off in-person: ... Piannlng and Development Department 221 N, Elm ST Denton, Texas 76201 Attn: Wa3/ne Reed, Planner II The' zoning process "inClUdes two public hearings designed to provide Opportunities for. Citizen InvOlvement ~nd c0mment.!..Prior to the public hearings, ilandownerS Within two' hundred (200)'feet of the subject prbperbj are notified 'of the Zoning 'request by way of this notice. Th~ first public hearing is held before the Planning and Zoning Commission. The Commlssion is Informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the Ci~ Council for final action providing the Commission recommends approval. Should the Commission recommend denlal, the petitioner may then apPeal the request to the City Council. If owners of more than twenty (20) pement 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 zonlng change. These forms are used to calculate the percentage of landowner opposition· ' I Please circle one: 'Neutral to request Opposed to request - _ .... Comments: . . .... ..:.. :. :.~ ~' .... · ... · · Signature:. : Pnnted Name: Telephone Numbe~ 'Physlml Address of ~mpe~ ~thin 200 feet:~O~ CITY OF DENTON, TEXAS l egaI NoEce.do~ !j AUG 3 0 1999 PLANNING & DEVEL,OP~ENT · CITY H.~.LL WE~'I: *" DENTON, TEXA~ 76201 .' 940.349.8356 , (Fi 940.349.7707 ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITy ' ' ' " ':' ' OF DENTON, TEXAS, INITIALLY pLACING A SINGLE- FAMII,y 115 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASBO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-051). WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then directed staff to proceed with voluntary annexation of the 34.40 acres of land described herein; and WHEREAS, Beverly Stephens has applied to initially place a Single-Family 16 (SF-16) zoning district classification and use designation on 34.40 acres of land described herein; and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the proposed Single-family 16 (SF-16) zoning district; and . WHEREAS,.On October 19, i999, the City of Denton VOluntarily anneXed 34.40 acres of land described by Ordinance ' "- , which was made effective upon its passage; and' ' WHEREAS, the City Council finds that the proposed 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 34.40 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Single-family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. ~: That the city,s official zoning map is' amended to shoTM the 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 offonse. SECTION 4. 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. 39. PASSED AND APPROVED this the ,1999. JACK MILLER, MAYOR ATTEST: YENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EXHIBIT A Z-99-05t (SHADOW BROOK I~I~=CE) 34.40 acres All that certain lot, tract or pamel of land lying and being situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being the same tract of land · described .in 'a deed to Elmer.'wayne Stephens et ux, dated 4,16,74,' asreC°rded in VOlUme 706,: page 79 Of the'Deed RecOrds of Dentoh County; TeXas, I~eing the Same tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10.433 acre tract of land described in a deed to Custom Designs, Inc., dated 4-12-99, as recorded under County Clerks File No. 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called) 8.240 acre tract of land described in a deed to Brain Stephens Trust, dated 4-1- 98, as recorded under County Clerk's File No. 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4.291 acre tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows: BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the soUth right-of-way of El paSeo and the east line of Forrestridge Addition, Section II, an addition to the. .City and Countyof DentOn, Texas, according to' the plat thereof recorded 'in Cabinet C, Page 12, of'the'Plat RecOrds of Denton County, Texas, said point lying on the Current city limits line as established by Ordinance No. 65-3.5; THENCE North 88° 24' 40" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No. 65-35, a distance of 363.44 feet to a point for corner; THENCE North 7.4° 22' 04" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No. 65-35, a distance of 12.48 feet to a point for corner at the northeast corner of said Elmer Wayne Stephens tract; THENCE ·SoUth 14° 58~ 40" East with an east iine0f Said Elmer wayne Stephens tracti' a distance of 6;30 feet to'a point for COrner at the beginning of a curve to the right; THENCE with said curve to the right, having a central angle of 9° 14' 08", a radius of 1534.02 feet, an arc length of 247.27 feet, a chord which beara South 10° 27' 05" East a distance of 247.00 feet to a point for corner on the Hast'line of said Elmer Wayne Stephens tract; Z-99-051 LEGAL DESCRIPTION PAGE 1 OF 2 Z-99-051 EXHIBIT A SHADOW BROOK PI-~,~E) 34.40 acres THENCE North 88° 45' 10" East, a distance of 591.10 feet to a point for corner on the east line of said Custom Designs, Inc., tract; ' "THENCE SOuth 09° 35" 00" west'with an:eaSt'line · · of sai'd (~uSt0m Designsl Inc.; t~actl a. distance of 135.47 feet to a point for Corner; THENCE South 39° 07' 10" West with an east line of said Custom Designs, Inc., tract, a distance of 290.26 feet to a point for corner; THENCE South 26° 36' 00" East with an east line of said Custom Designs, Inc., tract, a distance of 268.00 feet to a point for corner; THENCE South with an east line of said Custom Designs, Inc., tract, a distance of 246.00 feet to a point for corner; THENCE South 09° 17' 00" West with an east line of said Custom Designs, Inc., tract, a distance of 104.93 feet to a point for corner at the southeast corner of said Custom Designs, Inc., tract, same being the northeast corner of said 8.240 acre tract; THENCE. South 09° 19' 00,.West With an east line of said 8.240 acre tract, passing the southeast corner of said 8.240 acre. tract and the northeast cOrner of Said 4:291 acre'. tract, continuing a total distance of 436.80 feet t° a point for corner at the northernmost southeast corner of said 4.291 acre tract; THENCE South 88° 49' 00" West with a south line of said 4.291-acre tract, a distance of 726.00 feet to a point for corner; THENCE South 00° 37' 00" West with an east line of said 4.291-acre tract, a distance of 62.6.0 feet to a point for corner at the southeast corner of said 4.291-acre tract; THENCE South 88° 48' 29" West with the south line of said 4.291 acre traCt, a distance of 251.63 feet to a point for corner at the southwest corner of said 4.291 acre tract, same being on the east line of the Estates of Forrastridge, Section III, an addition to the City and County of DentOn, Texas, aCcording to the Plat thereof recorded in Cabinet K, page 295 of the Plat Records of Denton ·County, TexaS; said .pOint als° being 'On the existing city limits line as established 13y Ordinance No. 93-488; ' THENCE North 00° 36' 55" West with the existing city limits line as established by said Ordinance No. 93-188, and as established by Ordinance No. 92-060 and Ordinance No. 88-001, a distance of 1828.60 feet to THE POINT OF BEGINNING and containing in all 34.40 acres of land. Z-99-051 LEGAL DESCRIPTION PAGE 2 OF 2 42°- 1/14/2000 MAYOR lV/II,LER AND lVIEMBERS OF THE DENTON CITY COUNCIL I have wanted to reach each of you personally, and not being able to d0 that, we wanted to come before you, as requested and agreed, to let ALL of you know that we have made every effort to obtain the floodplain study in time to have the meeting with our neighbors and reach an agreement as to the future of the floodplain area which is a part of Shadow Brook Place. The fact that we have not received the floodplain study, and were not able to go to the neighbors with its findings and reach some understanding, has not been within our control. As confirmed in a letter from our engineers (copy provided), with no notice or explanation to my associate, Alan Williams, or myself, DALE HOELTING of the City of Denton Engineering Department told our project engineers to "hold up" on the floodplain study because the City was not sure what it wanted to do in that area. Our engineers contacted tt~e expert they had engaged, and whose expertise it is to do floodplain studie% and told him to hold up on the StUdy. Knowing the study was basic to WHATEVER the City proposed for the floodplain, that it was required for platting (Dale Hoelting letter of October 13 requiring the study prior to "annexation" and Jim Coulter letter of October 26 changing this requirement to subdivision and plattmg process provided), and was necessary in any discussions with the neighbors or the City, upon learning of the situation days later when he called to see when the study would be in our hands and learned it had been put on "hold", Alan told our engineers to go ahead and complete the study as originally reqUested. We then found that the floodplain study expert had started another project in the meantime, and could not return to our study until that project was finished, which did not allow enough time to receive the study, have a meeting, and go before City Council with answers on Jan. 18. As stated in the letter from Mr. Coulter, the floodplain is an engineering Problem that will be handled in " ' ' ' . · ,, the' subdlwsion and platting process. The CITY will ultimately determine what is done in this area. Although the time frame has changed, we believe we are asking for reasonable zoning- we have met with City and County officials and offered our cooperation in solving the concerns of the City and the neighbors, and we look forward to receiving the study and going forward with a neighborhood meeting so that we can come to a resolution we can all live with in the platting process, and GET ON with our development. We appreciate the relief granted, and the opportunity to be on the January 18 City Council agenda. Our wish for zoning approval at the earliest date possible stems from our desire to get this development underway and make use of our investment and what has been vacant land for almost a year. PersOnally, I have had house plans ready for over a year, we are not getting any younger, and we'are anxious to get into .~this new 'hOuse as soon as POssible' At best it'Would have been many months, bUt with the Study delayed, and my being out of the'country with my son the month of February, it means March before we can even begin making progress. We do not appreciate Mr. Hoelting taking it upon himself, with no notice or explanation to us, to stop a study we had ordered and are paying for. This study is basic to everything that has been and will be done in the floodplain area, and is something HE required last October. We wonder why he would not be as anxious to get the results of this study as we are. We appreciate the Council Members' time and attention to .this matter, and respectfully request that our January 18, 2000 appearance before you be continued to March 7, 2000, SO LONG AS THIS DOES NOT PUT US IN A POSITION OF HAVING TO REPEAT ANY STEPS TAKEN TO DATE. SHADOW BROOK PLACE president RH I=iRTHUR & IdlCILLEH]:IORF FACSIMILE TRANSMrITAL To: Re: AWC # Date:" Pages: Allen Williams, A,F, Williams Co., fax- 903-887-613S, Beverly Stephens, fax- 940-38%7731 ShadoWbrook Single Family- Flood Study 9 -00c%01 · Ianuary I 1, 2000 I, tot~ Ms. Stephefl% Mr. Williams, Per a conver~tion ! had with Dale Hoeltlng, Chy of Denton, on :Ianuary 4~, 2000 the flood study on Fletcher Branch was halted. Mr. Hoelfins said finishing the flood study at this time would be premature~ since tho City of Dcnton has not decided what they want to do in this area. Mr. Hoelting advised me to not complete the flood study until the City of Denton has issued a directive. · I discussed this issue with Alan W'flliams and w~s directed to inocc~! wlth.the flood study prior to r~eiving the City directive. The flood study is again in progress at this time. Due to stopping and resc..h, eduling of the flood study~ Nathan Mayers will n~ be able to complete the study by this Wednesday, January Mr. Hoelting said the directive letter would be available by lafluary i0, 2000, We have not received a direative letter to date. If anyone has afiy questions or comments please let me know. Craig A. Wallendorf 45. // 71/05/99 1~I 13359 FAX 9403877731 BEV'~RL¥ STEPH~IS ..C, iTYoF DENTON, TEXAS . ~0o~ October26, 1999 Beverly Stephens P.O. Box 50877 Denton, Texas 76206 Alan Williams 16250 N. Dallas Parkway, Suite 204 Dallas, Texas 75248 RE: Filling of FloodPlain Dear Ms. Stephens & Mr. Williams: We am revisin~l the October.13, 1999 letter pertaining to this.proJect. We inadvertently put "anneXation process" in the letter and it should have' mad subdivision and platting process. I apologize for any inconVenience this might have caused. If you have any questions please let me know. Sincerely, Jim Coulter Assistant Director Wastewater Utilities' · Xc: Howard Martin David Hill Dale Hoelting #Dedicated to ~ITY OF DENTON MUNlClP, AL UTILITIES o 901.A TEXAS STREET · ' DENTONi TEXAS 78201 October 13, 1999 Beverly Stephens P.O. Box 50877 Denton; Texas 76206 Alan Williams 16250 N. Dallas Parkway, Suite 204 Dallas, Texas 75246 · .RE: Filling of Floodplain · Dear Ms. Stephens ..~.M~ r. Williams: The City of Denton has observed reconstruction of .a dam structure on Fletcher Bra0ch' south of El PaSeo Drive within the past several weeks. The City or Denton County did not permit this activity. The City is currently In the process of annexing this property that is called Shadowbrook. in order to complete the annexation process the following Items need to be submitted for review: 1. Topographic or other appropriate survey to docume0t conditions as currently exists. /2. Sells ~eSttng. results that include Standard Proctor Densities of. al!' locations where fill'was placed. 3. Flood studies to :inclUde hydraUlic .and hydrologic computer models for the 10-, 25-, 50-, .100-, and 500;year storm event that reflect the reconstructed dam and fill. 4. Engineering plans that show proposed grading and details for the dam. 5. Proposed normal pool elevation and boundaries of this water level. 6. Copy of correspondence or permits issued by County, State, and Federal governments. 'Dedicated to Oualily Service" 47. e Copy of approval by U.S. Army Corps of Engineers authorizing dredglng of the pond and reconstruction Of the dam. .... · Upon submittal of this information, the City of Denton will review the documents for compliance with City ordinances Including the flood prevention and protection ordinance. The flood studies probably will requlre review and approval by Federal Emergency Management Agency (FEMA). RemappIng of the flood boundaries may also be required. If the 10-, 25-, 50-, 100-, and 500-year water sur[a~ ~levations have Increased as a result of filllng In the floodplain, a portion or all of the fill will · require removal. The resultlng water surface elevations shall be at or .below the elevations published in the flood profiles and hydraulic model of the Flood lnsurance.$.t.udy for Fletcher Branch. AlthOUgh the items requested above .aPply to recent activity in the floodplain, additional information will be' required at the preliminary and final platting stage of the development. The City will conduct a complete review to determine compliance with its subdivision and land development regulations. Please contact me at 940-349-7180 to coordlnate submittal o~ all documents. Sincerely, · alo Hoelting, P.E. ~". Drainage Engineer FlOodplain Administrator Xo.' Howard Martin, ASsistant City Manager David Hill, Assistant City Manager for Development Services Jim Coulter, Assistant Directo~: Wastewater Utilities AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7, 2000 Planning Department David Hill 349-8314/--~ SUBJECT - Z-99-103: (Oakmont Estates IV, Phase 2) Hold a public hearing and consider a Detailed Plan for Oakmont Estates IV in a Planned Development (PD-111) zoning district. The 18.4 acres site is generally located south of Robinson Road, east of Teasley Lane and west of Oakmont. Single-family development is proposed. The Planning and Zoning Commission recommends approval (5-1) with conditions. BACKGROUND The applicant has requested the approval of a detailed plan totaling 18.4-acre and providing eighty (80) single-family lots. This proposal is the continuation of the detailed plan approved on March 2, 1999 for the Planned Development (PD-111) zoning district, and it includes the land swap between the City of Denton and the City of Corinth approved on January 4, 2000. The proposed detailed plan provides for a density of 4.34 units/acre. However, the average density between both detailed plans is 3.89 units/acre. The subject property is located in a Planned Development (PD-111) zoning district created in 1986 by the Ordinance 86-81. The proposed development is consistent with most of the policies of the 1999-2020 Denton Comprehensive Plan. (See Attachment 1) Two (2) property owners were notified of the zoning request. No responses have been received to date. PRIOR ACTION/REVIEW The following is a chronology ofZ-99-103, commonly known as Oakmont Estates IV Phase 2: Application Date - December 14, 1999 Annexed - January 4, 2000 DRC Date(s) - December 30, 1999, January 13, 2000 and January 27, 2000 P&Z Date - February 9, 2000 ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior 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. P&Z RECOMMENDATION The Planning and Zoning Commission recommends approval (5-1) of this zoning request with the following conditions: 1. A site plan, to be reviewed by DRC, will be required for the following lots prior to issuing building permits: Block 2, Lot 54; Block 3, Lots 7, and 14; Block 5, Lots 2 and 10; Block 6, Lots 3, and 10; Block 7, Lots 6, and 11; Block $, Lot 6; Block 9, Lots 38, and 50. The applicant has submitted a revised Tree Inventory Survey (see Attachment 3) that is more accurate and modi~es the lots that will need to be reviewed by DRC. Three lots have been added: Block 2, Lot 54; Block 5, Lot 2; and Block 9, Lot 50, and two lots have been excluded: Block 4, Lot 5; and Block 9, Lot 39, from the original condition. The proposed changes are reflected in the above condition) 2. All dwelling units shall be constructed of masonary (brick or stone), stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of at least eighty-five (85) percent of the area of the outside walls. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, February 9, 2000, Z-99-103. 2. Planning and Zoning Commission minutes from February 9, 2000. 3. Revised Tree Inventory Survey. 4. Draft Ordinance. Respectfully submitted: Douglas SI Powell, AICP Director of Planning and Development Prepared by: Planner I ~°" f" ATTACHMENT 1 Agenda Item PLANNING AND ZONING COMMISSION ,,p~. .... STAFF REPORT Subject: Oakmont Estates 4 Ph. 2 Detailed Plan Staff: Deborah Viera Case Number: Z-99-103 Agenda Date: February 9, 2000 Hold a public hearing and consider making a recommendation to the City Council concerning a detailed plan for Planned Development 111 (PD-111) encompassing 18.4 acre. The detailed plan proposes 80 single family dwelling units. Location: Size: LOCATION MAP South of Robinson Road, east of Nowlin Road, and west of Oakmont. 18.4 acres Fi/ename e Applicant: Carter and Burgess 3880 Hulen Street Fort Worth, TX 76207 Owner: Pulte Homes of Texas, L.P. 14310G reenway Drive Suite 700 Irving, TX 75038 Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts forsimilarland uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan is intended to be the first step in the PD process for larger or long term developments. It establishes the most general guidelines, identifying the land use types, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN - This plan is intended to be used most often as a second step in the PD process. It includes the same information that is provided on the concept plan, plus details as to the specific land uses and their boundaries. 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. F//ename The applicant is proposing a detailed plan encompassing 18.4 acre to develop 80 single-family dwelling units, ranging in lot size from 3,600 square feet to more than 7,700 square feet. The subject property is located within Planned Development 111 (PD-111) zoning district (see Enclosure 5). This proposal is the continuation of the detailed plan approved on March 2, 1999, and it includes the land swap between the City of Denton and the City of Corinth approved on January 4, 2000. This property is a wooded land containing significant large trees that have the potential to become an asset for the City as well as for the development. The staff has identified eleven (11 ) lots containing trees larger than 20-inch in diameter. Staff has conducted an analysis of the proposed detail plan as it relates to the requirements for a Detail plan identified in Section 35-176 of the code of ordinance. Below is a copy of the ordinance requirements in chart form. A ~/ indicates that the proposed detail plan has adequately addressed the required information for a Detail Plan. Sec. 35-176. Detailed plan information The detailed plan shall contain the following information: (1) Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. (2) Land uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. (3) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. (4) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed use. (5) Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. (6) Residential development. The number, location, and dimensions of all the lots, the 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. Filename (9) Trees and landscaping. The location of all protected trees and a landscaping plan as required by the city's landscape ordinance. (10) Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. (11) Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. (12) Signs. Location, type, and size of all signs regulated by the city's sign ordinance (13) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. (Ord. No. 91-016, § I, 2-5-91) 1999-2020 Denton Comprehensive Plan Analysis The 1999- 2020 Denton Comprehensive Plan shows this area to be within Neighborhood Centers/ New Neighborhoods Area. Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in conventional subdivisions (see Enclosure 4). Staff finds the proposed Detailed Plan to be consistent with the policies of the 1999- 2020 Denton Comprehensive Plan. I 1. Transportation A. Trip generation The proposed development would generate approximately 760 trips per day if built out with 80 single-family dwelling units (see Table 1). Table 1. Potential Tri ) Generation Land Use Average Trip Estimated Lots Total Trip Generation* or Sq. Ft. Generation Single-Family (SF-7) 9.55 trips/du/day 41 lots 392 Patio Homes 9.55 trips/du/day 39 lots 372 * Calculations provided by the Institute of Transportation Engineers, 1991. B. Access The proposed development will have access onto Robinson Road (within the City of Corinth) and eventually onto Nowlin Road (within the City of Denton). F//ename C. Road Capacity Nowlin Road is not classified by the 1999 Denton Mobility Plan, as it is located in the county. Therefore, there is not proposed road design for it. Nowlin Road is currently constructed with two (2) lanes without parking. Robinson Road is identified as a secondary major arterial road by the 1999 Denton Mobility Plan. This road is designed to be a four (4) lane divided street without 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. Robinson Road is currently constructed with four (4) lanes without parking in the City of Corinth and two (2) lanes in the City of Denton. The most recent traffic count for Robinson Road indicates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2, Utilities This site has access to existing 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. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. 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). w 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 F//ename bUilding permits. 8. Environmental Quality impacts No negative environmental impacts have been identified. April 15, 1986 -The adjacent property was rezoned to Planned Development (PD-111 ) zoning district and land use classification by Ordinance 86-81 which amended the zoning ordinance and map for the City of Denton. The property is part of 725 acre development located on the southern edge of the City of Denton (see Enclosure 5). March 2, 1999 - An amended Concept Plan for PD-111 was approved for 131.76 acre by Ordinance 99-071 (see Enclosure 6). January 4, 2000 -- The subject property was annexed into the City of Denton and zoned Planned Development (PD-111) by the Ordinance 2000-018 (see Enclosure 7). 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 January 30, 2000. two (2) property owners within two hundred feet were mailed legal notices and one (1) residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 5). As of this writing, there have been no responses (see Enclosure 5). The proposed Detailed Plan is in compliance with the Concept Plan and meets all the technical requirements for a Detailed Plan as identified in Section 35-176 of the Code of Ordinance. As identified on the Tree Inventory Plan, 11 lots contain trees larger than 20-inch in diameter. In an effort to preserve these trees, a site plan for each lot should be submitted for review. Staff recommends approval of Z-99-103 with the following condition: 1. A site plan, to be reviewed by DRC, for the following lots will be required prior to issuing building permits: Block 3, Lots 7, and 14; Block 4, Lot 5; Block 5, Lot 10; Block 6, Lots 3, and 10; Block 7, Lots 6, and 11; Block 8, Lot 6; Block 9, Lots 38, and 39. I move to recommend approval of Z-99-103 with the following condition: 1. A site plan, to be reviewed by DRC, for the following lots will be required prior to issuing building permits: Block 3, Lots 7, and 14; Block 4, Lot 5; Block 5, Lot 10; Block 6, Lots 3, and 10; Block 7, Lots 6, and 11; Block 8, Lot 6; Block 9, Lots 38, and 39. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial, 4. Postpone consideration. 5. Table item. 1. Detailed Plan 2. Zoning Map 3. Land Use Map 4. 200'-500' Notification Map with responses 5. Ordinance 86-81 6. Ordinance 99-071 7. Ordinance 2000-018 8. Draft Ordinance Filename LAND U~ SUMMARY ENCLOSURE 1 ......... ST:D 23 24 25 26 / 71 7O 68 66 65 64 I 2 61 55 56 56 55 54 52 51 5O 6O ....... A ~ INVENTORYA~a~[NO pi. AN .............. ST:D ........... 20 ~ \, ~, 21 I0 II 12 4 5O 49 48 4 3 46 45 44 43 42 41 4O 39 37 --~ ~ 35 Limits ENCLOSURE 2 Z-99-103 (Oakmont Estates 4 Phase 2) NORTH A A PD - 172 PDI,- 11~1- ZONING MAP 13. Agenda Date: February 9, 2000 Scale: None ENCLOSURE 3 Z-99-103 (Oakmont Estates 4 PhaSe 2) NORTH .SITE LAND USE MAP 14. Agenda Date: February 9,2000 ~-, Scale: None ENCLOSURE 4 Z-99-103 (Oakmont Estates 4 Phase 2) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mail: 2 500' Courtesy Notices sent via 1st Class Mail: 1 15. Agenda Date: February 9, 2000 Scale: None z-i?06 GOLF COURSE 33.46 :. ENCLOSURE 5 I TemporlryiClub i Single Famil~ Homes jSINGLE FAMILY 2.2 Ac., Estate Homes Golf Club Ar~ PATIO HOMES 11.90 AC. Cluster Homes 49.20 AC. ESTATE HOMES 14.20 Ac. Estate Homes Alaartments/ Condominume 1 1.e Aa. ~.8 Ao. 1 FAMILY GARDEN HOMES 6.70 Ac. ENCLOSURE 6 PD 111 CONCEPT PLAN (Z-98-059) NORTH ZONED SF-7(c) ~le-Family Patio CITY OF CORINTH 11.6 Ac. GOi~ 38.72 Ac. Cluster !~ 45.14 Ac. Apartments 1.9 Ac.' Estate Homes 10.6 Ac, Hom~ s 6.7 Ac. Date: February 16, 1999 Scale: None ! I I ! I i :'1 ENCLOSURE 7 ORDINANCE NO. o~000- ~/~ AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS cOMPRISING 17.172 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN .THE OAKMONT IV SUBDIVISION; ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION BY APPROVING A CONCEPT PLAN; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE (A-95). WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municiPalities; and WHEREAS, the City °fDenton and the City of Corinth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on May 6, 1999; and WHEREAS, the subject property is within the effecti'¢e utility and service delivery area for City of Denton municipal services; and WHEREAS, pursuant to said MOA, the City of Denton wishes to extend its City limits line to inclUde the 17.172 acres as described in Exhibit A. of the MOA'; and WHEREAS, public hearings were held 'in the Council Chamb. ers on'September 7, 1999, and September 21, 1999,. to allow all interested persons to state their views and present evidence bearing upon this annexation; and' WHEREAS, annexation prOceedings were instit.Uted for the property described herein by the introduction of this ordinance at a meeting of the City Council on October 12, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter;.NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON: HEREBY ORDAINS: SECTION 1. That the tracts of land described in Exhibit A of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas. SECTION 2. That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 3. That the annexed property is classified as Planned Development (PD-111) with' approval of the Concept Plan Development Standards described in Exhibit C, attached hereto and incorporated by reference. SECTION 4. That the City's official zoning map is amended to reflect this annexation and show the Planned Development (PD-111) zoning district classification and land use des!gnation. .. .SECTION 5. Should any part of this Ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the .City of Denton all the real property described in Exhibit A of the MOA regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, .the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. .SECTION 6. That any person violating any provision of this ordinance relating to the Planned Development (PD-111) zoning district classification and use designation shall, upon conviction, be fined a sum not exceeding $2,000.00. Each d.ay that a provision of this ordinance is violated shall constitute a separate and distinct offense. .SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be published twice in the Denton Record-Chronicle, the' official newspaper of the City of Denton, Texas, within ten (10) daYs of the date of its passage.' · '~AssED A~xlD APpRovED this the /0~-~ day of ~ ,2000. JA~I/LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY 20. Page 2 E~HIBIT A STATE OF TEXAS COUNTY OF DENTON MEMORANDUM OF AOREEMENT This Memorandum of Agreemem ("Agreement") is entered into as of the. 6thday of. May , 1999, between the City of Demon, Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"), a city organized under the general laws of the State of Texas, and is to' witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, it appears that the existing city limits lines between l~enton and Corinth split a subdivision of Denton County known as Oakmont IV; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish'a joint city limits line between the two cities that will enhance the development of Oakmont IV subdivision in.each city and be as' shown by the maps attached hereto as exhibits; and ' WHEREAS, the owner of Oakmont IV has expressed its intent to the governing bodies of both cities that such needed adjustment wOuld be beneficial to the development of the subdivision andgeneraily to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both cities; Now, Therefore, In consideration of the premises and of the. agreements contained herein, Denton and Corinth agree as follows: ·. DISAmmXAT ON AND RELE^SE OF .XTRATERmTORI^L JUmSDm 'ION 1.01 Corinth agrees that it will disannex and waive extraterritorial jud. sdiction over the 17.172 acre tract of land described in Exhibit ~'A", attached he;eto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code. 1.02 Denton agrees that it will disarmex and waive extraterritorial jurisdiction over tracts of 10.603 acres and 5.709 acres respectively, described in Exhibits "B" and "C", attached Page 1 21. .' hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code. 1.03 Upon the disannexation and waiver of extraterritorial jurisdiction by the cities as provided in Sections 1.01 and 1.02 above, the boundaries of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by 'each contemplated in Section IL II. ANNEXATIONS Denton agrees that it will proceed in the manner fiu. thorized by law to annex the property described in Exhibit "A". Corinth agrees' that it will proceed in the manner provided by law to annex the property described in Exhibits "B" and "C" attached hereto. III. ZONING AND PLATS Both cities recognize that ail property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property. The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development. --_ c. a CT .R OF ^G mENT; B AcH The parties agree that this Agreement is entered into only for the disannexation and annexation of the tracts described herein and is not an interlocal cooperation agreement for the joint performance of any services by the parties. Failure of either City to perfo,m the terms of this Agreement shall constitute a breach hereof, and the aggrieved City may file suit in a court of competent of jurisdiction to enforCe the provisions of this Agreement, including recovery of court costs and attorney's fees. Page2 22. 19355 PERFORMANCE The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law. VI. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their respective governing bodies, have caused this Agreement to be executed in duplicate originals as of the date first written above. CITY OF DENTON, TEXAS BY: ~ /~TTEST: .. ] . · ~ITY SEeI~-ETARY - - a~xPPROVED AS TO FORM: fl~ITY ATTORNEY (rid/4-23-99) CITY OF CORINTH, TEXAS MAYOR ( --~ ATTEST: CITY SECRETARY CITY ATTORNEY 23. 19355 $86 °55°29"£ · 155, 87° 1'51 N83 ° 23' 28" E 1.83. 73' S07o 58' 31"W 46.39' A=06° 48' 43" R=270.00' L=4 I. 53' T=20o 80' ~ L. C. =$18°04' 26"E 41.48' TRACT 1 ;' 1ZHO ACRES. Carter. BUrgess o^T~ 24~-.. sm..o. ,~,.~...~,,~_~ DRAWN TM ~ & ~.taC, F.~.INC. 2 4 DESIGNED i&'h,~,~.~,, ' ' ~.nm-,~* JOB NO. 981727014 CHECKED JFK ,.. ..... i ' , ;,~ . TRACT2 n'~ ~ 0.062 AC~ ~ ~ /~ ~,-~.,.,. ' EXHIBIT A 0 300 ~00 ~ *~. 17~0 & 0.062 AC~S G~APH I C SCALE 1N EEEE..... ~ ~ s,u~uo ,, ~,~ Ka,~ ,~,c,,~t su,vt~. ' '. '. ~ ~ AaSTRACT ~ 800 *HO TH~ A.H. SERR~ SURVEY. ABSTRACT N~E~ 11~8 DENTON C~TY, TEXAS ENCLOSURE 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 18.4 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 111 (PD-111) ZONING DISTRICT; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-103) WHEREAS, on March 2, 1999, the City Council approved a Amended Concept Plan for the Planned Development 111 (PD-111) containing 131.76 acres; and WHEREAS, Carter and Burgess, Inc., on behalf of Pulte Homes of Texas L.P., has applied for a approval of a detailed plan for 18.4 acres located within Planned Development 111 (PD-111); and WHEREAS, on February 9, 2000, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the Detailed Plan for 18.4 acres located within Planned Development 111 (PD-111) follows the concept plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "A" for 18.4 acres located within PD-111, and more particularly described in Exhibit "B", which is attached hereto and incorporated herein by reference, is hereby approved, subject to the following conditions: 1. A site plan, to be reviewed by DRC, for the following lots will be required prior to issuing building permits: Block 3, Lots 7, and 14; Block 4, Lot 5; Block 5, Lot 10; Block 6, Lots 3, and 10; Block 7, Lots 6, and 11; Block 8, Lot 6; Block 9, Lots 38, and 39. ~. 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 III. 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. PAGE 1 25. PASSED AND APPROVED this the __ day of ,1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 26. ATTACHMENT 1 MR. ENOELBRECHT: Please. 1 2 MS. GOURDIE: I move to nxommend ~ 2 3 of the proposed Light Industrial 3 4 for 17.75 acres located on ~ r Road 4 5 between t t~ conditions as 5 6 including 6 7 [ I believe -- was 7 · 8 it you, Mr. 8 9 Mr. Rishel added one. 9 l0 ; drive-in l0 I 1 theater. 11 12 second. 12 13 It'S and seconded 13 14 approval with discussion? 14 15 15 16 MR. mSHEL: l'm going 16 17 because I think we have a better ( thc 17 18 ultimat~ use of this if it's part of our Ci5 18 19 that's important to us. 19 20 MR. MCNEILL: Question. 20 21 MR. ENOELBRECHT: Mr. McNeill. 21 22 Ma. MCNEILL: But this motion doesn't have 22 23 anything to do with being part of the City, does it? This 23 24 is strictly -- the annexation was last week. 24 25 MR. mSHEL: ~ understand. 25 Page 118 1 MR. MCNEILL: okay. I want to make sure what 2 I'm voting for. Thank you. 3 MR. ENGELBRECHT: Ally other discussion? In 4 that case, vote, please. Motion carries unanimously. Agenda Item No. 8 then is to hold a public 6 hearing and consider making a recommendation to City 7 Council regarding the detailed plan for Oakmont Estates 4, 8 Phase 2 in Planned Development 111 zoning district. The 9 18.4-acre property is located south of Robinson Road, east 10 of Teasley Lane, and west of Oakmont. A single-family 11 subdivision is proposed. 12 At this time; I'1! open the public hearing and 13 ask Ms. Viera to provide us with the staff report. And 14 welcome, as well. 15 MS. VIERA: chairman, Commission, tonight we 16 am discussing a detailed plan for Planned Development 111 17 encompassing 18.4 acres. For your reference, this is part 18 of the land swap that you considered a couple of weeks 19 ago. 20 Basically, this detailed plan is proposing 80 21 single-family dwelling units. And as you ~aifl, it B 22 located south of Robinson Road and east of Nowlin Road. 23 And the CDF Corinth is the next neighbors right here. 24 Basically, this is the detailed plan. This is 25 the last step of a zoning request. It gives us the detail 2 Page 119 about the development. Going straight to the proposed, basically, this is an 18.4-acre development who is proposing 80 single-family dwelling units, 41 of them being what we call sv-? and 39 will be zero lot line single-family detached units or what we call patio homes. The lot sizes are from 3,600 square feet to 7,700 square feet. The property is located in the ~'~-lH, again, and this is part of the land swap. At that timeo just to give a little bit of history of all this, on 1985, yes, 1985, this piece of land was rezoned to rD-1H. Then in 1999, the concept plan for that PDWaS amended. They also include a new detailed plan for the portion of the land that was within the City limits because the subject property that we are discussing tonight was not part of that -- was not within the City limit, was not encompassed in that concept plan. However, tonight we are having the detailed plan before the Planning and Zoning Commission and with the detailed plan wo are -- it is enough to move forward to the last step of the zoning process. Talking about the plan analysis that we have to go through, basically, the Denton Comprehensive Plan identified this area as a neighborhood center, new neighborhood area where conventional subdivisions proposed and conventional patterns are allowed. The staff finds Page 120 1 the proposed detailed plan to be consistent with the 2 Comprehensive Plan. 3 And talking about transportation and trip 4 generation, basically, this development will generate 5 approximately 760 trips per day when it is built out 6 completely. Talking about access and transportation, 7 basically, this development will have access to Robinson 8 Road within the City of Corinth and eventually will have 9 access through Nowlin Road within the City of Denton. 10 For you to have a clear idea of what we are 11 proposing tonight, basically, this is the detailed plan 12 that you approved last year and this is the detailed plan 13 that we are proposing tonight~ This is a golf course at 14 the east of the site and this is Windstone at Oakmont. 15 The property is not platted and will need to 16 be platted prior to any development. We, as a staff, want 17 to highlight that this property is a woodland containing 18 significant large trees that have the potential to become 19 an asset to the City and also to the development. And we 20 are aware about your concern about big trees and we would 21 like to see some of those trees saved if that is possible. 22 As a part of the zoning process, we are 23 required to notify within 200 and 500 feet from the site. 24 We notified two property owners within 200 and one 25 resident within 500. Because some of the neighbors will PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 27. Page 117- Page 120 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 ? 8 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 Cond~ns~ItTM Page 121 be out of the City limits, we didn't have to notify them. Up to tonight, there have been no responses regarding this development. Basically, this is the map that shows the 200 notification limits and the 500 notifications limits. As I mentioned before, because this land is wooded, heavily wooded, we'd like to see some of those trees saved, again. We understand that the proposed detailed plan is in compliance with the technical requirement for a detailed plan. However, in an effort to preserve these trees that I mentioned, and we have identified 11 lots containing trees larger than 20 inches in diameter, and we would like to see a site plan for those lots. I have a map showing the 11 lots, basically. MR. ENGELBRECHT: Can we zoom out anymore? There you go. A little more. Okay. You can slide that down a little bit. There it is. That's fine. Thank you. MS. V~ERA: YOU have a copy of this in your backup. I just highlighted the lots that contains those trees for your benefit. As I said, staff recommends approval with the condition that a site plan to be reviewed by DaC for the following lots will be required prior to issuing building permits, and we have a list of those lots. If you have any questions, I can answer those. Page 122 MR. ENGELBRECHT: I believe we do. Ms. Gourdie. MS. GOURDIE: Thank you. I would like to know what size are these lots. You said the range is from 3,600 to 7,700. Could you kind of -- it looks like the trees are on a specific size -- are those the zero lot line or are those the seven? MS. VlEP, A: okay. Basically, most of the lots that contain big trees are within the patio home district in the south of the development, basically. This is the area that will have the $F-7 single-family dwelling units and this part will have the patio homes? basically. MS. COURDIE: Thank you.. Ma. vms, A: Maybe this map will help you out. MS. COUP, DIE: I just couldn't figure how you can save a tree on 3,600. MR. ENGELBKECHT: I want to point out that if you look on the detailed plan, there's no lot under 5,500 square feet. MS. GOUKDIE; okay. MR. ENGELBRECHT: Although it's zoned that it could be, the detailed plan doesn't have anything under 5,500. MS. GOUI~DIE: It still sounds pretty hard to do. I can't see them even saving trees in 10,000 square Page 123 I foot lots. 2 MS. V~ERA: We understand -- we don't request 3 that they save the trees. It will be up to the applicant 4 to save those and get some credit from those. 5 MR. ENGELBRECHT: unless we make that a 6 condition, a specific condition that they save the trees. 7 MS. VIERA: Yes. 8 MR. ENGELBRECHT: That could change the whole 9 thing, I think. 10 MS. VIE~: well, it is up to you to attach 11 some conditions to this development if you have any 12 concere about it. From the planning standpoint, we would 13 like to see those site plans for those specific lots. And 14 that way we can work out if there's any change in the 15 configuration of the building that can save some of those 16 trees, we will be happy to do it. That's why we are 17 bringing those to your attention. 18 MS. COUP, DIE: Is there any open space in this? 19 MS. V~ERA: NO, there's no open space in this 20 phase. You have to take in mind that this is the second, 21 the continues of the second stage of our Planned 22 Development that was approved last year. They came up 23 with this because this land was within the City of 24 Corinth. But now that it's within the City of Denton, 25 they have to submit a detailed plan, as well, for this Page 124 i section of the development. 2 MS. GOURDIE: Thank you. 3 MR. ENGELBRECHT: Are there other questions? 4 I might ask staff, under the original zoning, what is the 5 potential density for this particular parcel? Can you 6 give me some idea? 7 MR. DONALDSON: This is in an area that, 8 within the adjacent part of Denton, allowed 3,600 square 9 foot lots. I don't recall a specific number of dwelling 10 units. But by going to 5,500, they've significantly 11 reduced the density. Keep in mind that this was 12 originally zoned as part of agolf course conununity so 13 there's 150 to 200 acres of golf course. In Windstone, 14 there is a planned amenity center. And in addition, there 15 is a platted open space lot there in addition to the 16 platWxt amenity center. 17 MS. GOURI)IE: How far away is the -- I realize 18 the golf course is right behind it but you're not allowed 19 to leisure on a golf course unless you're playing golf. 20 But where are the other things that you were speaking of?. 21 MR. DONALDSON: Tho arnonity c.,cnter, I can 22 point to it on my monitor, I'm trying to describe it, is 23 the area between Windstone. Windstone is the subdivision 24 on the west. 25 MR. ENGELBRECHT: Actually, it says "pool PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 121 - Page 124 28. Cond~ns~It TM Page 125 I amenity" on that if you'll move up. 2 MR. DONALDSON: Right about that lot. 3 MS. GOURDIE: Thank you. Is there any way to 4 access that? Did we plan that when we did all that? 5 MR. DONALDSON: well, there will be sidewalks 6 along all public streets. 7 MR. ENGELBRECHT: Are there other questions? 8 How did we arrive at the 20-inch ealiper as opposed to 15 9 or 257 10 MS. XaE~A: well, basically, for a tree to be 11 required to be saved, it should be designated as a 12 landmark tree. There is a process that we have to go 13 through that the Director of the Planning Department has 14 to go through. I talked to the landscape administrator 15 and we came up with a number based on the tree survey that 16 they submitted. 17 The tree survey, basically, show trees from 18 six inches in diameter to up to 39 -- 39, 36, basically. 19 And we thought even though there are different species 20 within this area, we thought that 20-inch diameter will be 21 a good number to start concerning trees. This is not a 22 regulation that states that it should be started at 20 but 23 that is something that staff internally understood that 24 was a good number to start. 25 MR. ENGELBRECHT: .Do you have any idea, and I Page 126 I know the tree survey is here, if you had changed that from 2 20 to 18, how many additional trees would be included? 3 Would we have some idea or 15 or whatever? 4 MS. XaERA: skimming through the list that was 5 attached, basically, we are talking about maybe six more, 6 six or ten, basically. And, again, I'm just skimming 7 through the list I have. 8 MR. ENGELBRECHT: Yes, I noticed that there 9 appears to be a great many at ten and six and 13 or 14. 10 There's kind of a cutoff somewhere around 16 or so that it 11 really dwindles down and -- it appears to me. Any other 12 questions for staff?. If not, thank you very much. Is 13 petitioner or petitioner,s representative present? 14 MR. HEAD: May I approach the bench, sir? 15 MR. ENGELBRECHT: Please give us your name and 16 business address for the record. 17 MR. HEAD: My name is Arick Head. I'm with 18 Carter and Burgess in Fort Worth at 3880 Hulen Street. 19 I'm here tonight just to answer any questions that I can 20 and, of course, ask for your positive recommendation to 21 Council. I think we're off to a good start. One, Idon't 22 have any variances to ask for. Two, there's no asbestos. 23 And, three, staff has done a great job in presenting the 24 project. So now I guess I'll just step back and answer 25 any additional questions you might have. Page 127 1 MR. RISHEL: Obviously, a wise man. 2 MR. ENGELBRECHT: MS. Gourdie. 3 MS. COURDIE: well, obviously, the tree issue 4 is here before you and we're just, I guess, we're kind of 5 curious, do you plan on being able to save any of those 6 trees? 7 MR. HEAD: Yes, we do, as best we can. I'm 8 , here to assure you that we will, as best we can, or we 9 will enmply with the City's landscape ordinance in every l0 aspect. We're required to do that. We have to do that. I l We want to do that. I won't sit up here and lie to you 12 and say every tree is going to be saved. There's some 13 improvements that have to be made. Streets, easements, 14 and pad sites that have to be provided for and not every 15 tree is going to be saved. However, I do think with some 16 of the size of the trees that we have on the site, it's in 17 thc benefit of not only the developer to -- it is 18 beneficial for the developer to try to save some of the 19 trees. They're a great selling point. You can perhaps 20 make more money off of selling a lot that has a nice big 21 oak on it as to something that has nothing on it or a 22 small tree. And a home builder, the market likes trees. 23 So it's in the benefit of everybody, the home builder, the 24 developer, to try to save as many trees as we can. 25 And we're just fine with the recommendation by Page 128 1 staff to show a plot plan, I guess it is, showing the 2 building location on the lots, the 11 lots that she had 3 recommended. Just for your information, when we submit 4 engineering plans, we always show the pad site on every 5 lot and show how it is graded and drained so that DRC can 6 see exactly what trees we're saving and what trees that 7 will have to be removed because of improvements. 8 MS. COUP, DIE: Thank you. 9 MR. ENGELBKECHT: MI'. Rishel. 10 MR. RISHEL: Mr. Head, there's 11 lots that 11 are specified on here and on my map it actually shows tree 12 locations. Many of those are right in the center of the 13' lots. These aren,t real big lots so I'm presuming that 14 there's going to be a pad site somewhere toward the center 15 of that lot. Of the 11 lots that are cited here, can you 16 tell me how many we're going to be able to save those 17 trees on? The ones that are 20 inches and above in 18 diameter. 19 MR. HEAD: I haven't really had a chance to 20 look at the 11 lots yet. 21 MK. KI~ItEL; Thoro'~ only 11 of thm-a in the 22 whole development that you have and se we've been very 23 specific on how we've selected those. I mean, if we have 24 to make it so we don't build on those lot, we would be 25 happy to do that, I think. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 125 -Page 128 29. CondcnseltTM Page 129 I MR. HEAD: Sure. Would you like to address 2 each lot? 3 MR. RISHEL: Yes, please. 4 MR. HEAD: Okay. I can't really say exactly 5 but I can kind of give you an idea of which lots and which 6 trees we'll have a chance to save. Block 3, Lot 7, 7 there's some trees right in the middle of the lot, 8 actually in the backyard of the lot, those are mom likely 9 to be saved than 'be taken out toward the rear of the lot. 10 In the lots that are 7,700 square feet, you're probably 11 looking at a pad site of -- 12 MR. R~SHEL: And those lots are 7,700, right? 13 MR. HEAD: Correct. 14 MR. RISHEL: Seven and 147 15 MR. HEAD: 70 by 110. So you're looking at a 16 pad site that is 60 foot by 80 perhaps. 17 MR. RISHEL: Have you got a map them that 18 shows Block 3, Lot 7 and Lot 147 Would you just set it on 19 the docu-cam? 20 MR. HEAD: Oh, I forgot we have some 21 technology here. 22 MR. RISHEL: yeah, ! know. We're so, hi 23 high-tech. So as you can see the trees that are already 24 platted out there, does the pad site for the house go 25 toward the front, toward the street, or does it sit more 24 25 ?LANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 130 1 toward the middle? 2 MR. HEAD: There's a building setback, of 3 course, 20 feet off the right-of-way line. Okay? The pad 4 site will be five foot -- the house will be five foot off 5 the side building yard and there's going to be more room 6 in the back, so you're probably looking at a pad site 7 something like that. That's just -- I'd have to have a 8 scale,to show you exactly. But, again -- 9 MR. RISHEL: SO do you know where on that lot 10 the 20-inch tree is? If there's one on them, do you know .11 where it is? 12 MR. HEAD: Yes, sir, we do. We have a tree 13 inventory that tells us exactly Where that 20-inch tree 14 is. 15 MR. RISHEL: And where is it on that lot? 16 MR. HEAD: I'd have to look at one of the 17 larger plans. I have to get a general range of thc 18 numbers. 19 MR. ENGELBRECHT: It's 22 and 23. They're 20 right in the middle. 21 MR. HEAD: Okay. 22 MR. mSHEL: okay. So if they're right in the 23 middle, I can probably safely say that the pad site is going to wipe those out. Okay. Let's go on to Lot No. 14. Page 131 1 MR. HEAD: I would say that 20, 34, 31, 32, 2 and 33, there's some trees there, I would say that group 3 of trees there, unless the -- 4 MR. RISHEL: Can you show me on the doeu-cam? 5 MR. HEAD: I b~g your pardon? 6 MR. RISHEL: Can you show me on the docu-cam 7 where those would be in relationship to and is there a 8 20-inch tree that we're going to save on that lot? 9 MR. HEAD: The endof the pad.will probably l0 come something like this. There's a chance, depending on 11 the building plan that, yeah, some of those trees in the 12 back could be saved. 13 MR. PaSHEL: would they be within ten foot of 14 the pad site? Do you anticipate that that would, being as 15 they're post oak, is that generally what they are? That 16 we're probably going to disturb enough roots that those 17 trees will not live? 18 MR. HEAD: If it's a post Oak, that's correct. 19 If you get too close to the drip line, depending on the 20 level of tree protection, depending on how you -- 21 MR. RISHEL: Let me presume we're not going to 22 save any trees on that lot. Let's go onto Block No. 4 and 23 LOt No. 5. 24 MR. HEAD: I would say the tree in the back 25 there could be saved. This one, no. This one, yes. Page 132 1 MR. RISHEL: Okay. Are any of those 20-inch 2 trees or are all of them 20-inch trees? 3 MR. HEAD: The other two are 24-inch and 4 12-inch. Those will be saved. 5 MR. RISHEL: SO on Lot 5 we're going to be 6 able to save the 20-inch trees you think? 7 MR. HEAD: correct. 8 MR. RISHEL: Okay. There's two of tbem on 9 them? 10 MR. HEAD: There's a 12-inch, I believe this 11 is a 12-inch and this is the 20-inch tree. 12 MR. RISHEL: And the one in the middle? 13 MR. HEAD'. It would be removed. 14 MR. RISHEL: DO you know what the size of that 15 tree is now? 16 MR. ENGELBRECHT: If I might just interrupt, 17 are you planning to go down through every lot. 18 MR. RISHEL: I've got 11 lots. It doesn't 19 seem like we ought to -- I mean, it seems like we ought to 20 know our homework on this and so I want to look at all 11 21 of them. 22 MR. HEAD: That's an eight-inch oak. 23 MR. RISHEL: Thank you. Okay. So on Block 24 No. 5, LotNo. 10, I don't see any trees on my map. I 25 don't know why we have it in there but there may be. Page 129 - Page 132 30. CondonsoltTM Page 135! Page 133 1 MR. ENGELBKECHT: Could I interject just one 2 point. I wonder -- it's 9:20, at any rate. I wonder if 3 we might take a break. It's real easy if you take that 4 big section with that list and you could mark those 5 20-plus inch. And, actually, I would interject that I 6 would like to see you mark the 18's, as well. 7 MR. HEAD: okay. 8 MR. ENGELBRECHT: And then you could just put' 9 them up there on the large one and we could scan through 10 it and see them pretty quickly. 11 MR. HEAD: okay. Sure. 12 MR. ENGELBRECHT: And we could do that over 13 the break and give us time for a break and all. All 14 right. We're going to take ten minutes. 15 (Break taken.) 16 MR. ENGELBRECHT: All right. At this time, 17 we'll reconvene the public hearing. And I believe Mr. 18 Rishel was asking the petitioner's representative about 19 20-inch trees. And do you have those marked on the -- 20 MR. HEAD: I do. 21 MR. ENGELBRECHT: okay, great. 22 MR. HEAD: I can give you a reasonable 23 estimation of which ones we can save. We have about 20 24 trees that are over 18 inches. Okay? Of those, some of 25 them lie within the right-of-way. Only three or four in Page 134 1 the right-of-way. There are a couple of dead ones that we 2 show in the plan anyway. But I'll just kind of go over 3 this picture and point those out. 4 MR. RISHEL: Are you going to pick up on Block 5 5, Lot 107 6 MR. HEAD: Yes, I can. 7 MR. RISHEL: Great. Thank you. 8 MR. HEAD: okay. 1779 here, it's reasonable 9 that we can save that one. This one is a dead tree. This 10 one -- let's see. 11 MR. RISHEL: HOW big a dead tree was it? 12 MR. HEAD: 304nch haekberry. Block 6, Lot 13 10, 1785, this one we can save.' That's Outside of the 14 building line. Block 6, Lot 3, 1805, let me see what that 15 one is. That is a 30-inch oak and I have a question mark 16 beside that one. Since I don't have a scale, I just can't 17 tell you exactly if we can save that one or not. Since 18 it's going to be questionable, if they have a floorplan 19 that does something like this, which it very well may, if 20 I'm the home buyer and selecting a floorplan, I'd do 21 something like that that attempts to save that tree. 22 Block 7, Lot 11, No. 1886, that is a 24-inch oak 23 tree and I have a question mark beside that one. Again, 24 depending on floorplan, it's a little bit inside the 25 building line within the lot so my guess is, again, I without a scale, the building line is somewhere there just 2 kind of eyeballing it. Again, if you had a floorplan that 3 could work, it could be saved. Block 8, Lot 6 there, that 4 one em be saved. 5 MR. RISHEL: Lot's gO back again. 6 MR. HEAD: SUre. 7 MR. RISHEL: Tell me about Block 7, LOt 6. 8 MR. HEAD: Block 7, Lot 6, we don't have any 9 · trees that are 18 inches and over there. 10 MR. mSHEL: okay. But that was originally on 11 my list. 12 MR. HEAD: Was it? 13 MR. RISHEL: Block 7, Lots 6 and 11 were both 14 on there. 15 MR. HEAD: okay. Oh, we missed that one, 16 that's an 18-inch oak. I don't think any floorplan 17 configuration will save that one. 1851 -- 18 MR. RISHEL: I have to tell you where I'm 19 going with this is your floorplan consideration may be the 20 fact that we select not to build on those lots for you. 21 Go ahead. 22 MR. HEAD: okay. We have two more trees, 23 Block No. 9, Lot 38, I believe both of those trees can be 24 saved. Those are fairly deeper lots than most. 25 MR. RISHEL: And so the trees are toward the Page 136 1 back? 2 MR. HEAD: Yes, yes. 2335, again, on 3 depending on floorplan, I think that one's -- it's very 4 close to where a pad site might be. 5 MR. ENGELBRECHT: DoeS that conclude your 6 questions, Mr. Riahel? 7 MR. KISHEL: SO how many lots have you counted 8 that would be, out of the 11 lots that are originally 9 included in there, how many have you counted that you see 10 as you have drawn out your floorplans, you'd be able to 11 save those? 12 MR. HEAD: starting at the bottom, 38 and 39, 13 again, those are two lots that we had talked about. Block 14 8, Lot 6, that one looks okay. Block 7, Lot 11 and 6, we 15 just talked about those. 16 MR. RISHEL: And we'd be able to save those; 17 is that right? 18 MR. HEAD: The one on Lot 11 was questionable 19 just, again, depending on -- if I had a scale I could tell 20 you more accurately. That one is close. Block 6, Deborah 21 pointed out Lot 10 and Lot 3, those look llke we can work 22 with those trees there. Block 5, LOt 10, we're okay 23 there. Those trees can main. Block 5, Lot 2, that one 24 is fine. That tree is outside of the building line. 25 Block 4, a lot that Deborah pointed out was Lot 5, saving Page 133 - Page 136 PLANNING AND ZONING COMMISSION FEBRIIAP..Y 09, 2000 31. CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 I0 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 Page 137 two, 2067. That was not an 18-inch or over. Block 3, lots of concern on Lots 7 and 14. We had one tree that was 18-inch or over and that one was -- we're okay with that one. It's outside the future building pad. MR. RISHEL: okay. So what you're telling me is that as you look at it, your Block 7, Lot 10, your Block 3, Lot 7, and Block 3, Lot 14, you don't see any way Page 139 1 another that we're going to make sure that we do our best 2 effort to make that happen. 3 MR. HEAD: Yes, sir. And it is at the City's 4 discretion, if you find that we are violating any of your 5 ordinances, there is a section in there where it accesses 6 af'metous. We're well aware of that. The City does 7 have a recourse if we do. of saving those trees? : MR.. HEAD: That is correct. MR. RISHEL: And all of the rest of the lots, you think that we can save those trees. MR. HEAD: I think there's the potential to save those trees depending on floorplan and -- we're really depending on floorplan and how close in sealing it was my estimation. MR. RISHEL: Mr. Head, I think where I'm trying to go with this discussion is the fact that if we had to pass a restriction and we said that all 11 lots 8 MR. RISHEL: The problem is it's awful hard to 9 aceess'a fine to someone and we don't know wh° killed the 10 poor tree. 11 MR. HEAD: Well, true. But if a road is being 12 cut or a house has been built on a lot, you know it's the 13 developer. And I would llke to add, just for the 14 Commission's information, your ordinance does require -- 15 the landscape ordinance does require that we plant 15 16 trees per acre. 17 And just as a point of information for you 18 guys, we'll be planting approximately 275 trees of the that we've enumerat~l here we're concerned about in some way, shape, or form. And until we can see a floorplan that will either save those trees or replace them in some way, shape, or form, that we'd probably like to limit those, the use of those lots for development until we can look at something and know that we're going to have those trees. That's justmy comment. Page 138 MR. HEAD: I aSSUre yOU that no development will occur until we have a building permit as conditioned whatever is suggested is taking this piece of paper and make it a condition of this recommendation that we submit to the Development Review Committee a site plan for each of these lots. And, again, typically what we do with englne~ng plans is show Development Review every lot and where the pad sites generally are. Now, at the time where the builder is looking for a building permit, at that time, he would he required to come into the [~RC and show how he is affecting those trees, how he's saving the trees potentially. ~ RISHEL: Mr. Head, are'you aware of the fact that we've had several situations in our community wher~ people have either taken trees that would know that might be a stumbling block for them in their development and either deliberately killed those trees by girdling 19 required caliper just on this 18 acres. Now, if you 20 consider tho rest of the development, you're looking at 21 five times that amount. 22 MR. ENGELBRECHT: Any other comment? Any 23 other questions, Commissioners? I have one. Now, I've 24 lost it. The building materials as outlined in the PD 25 indicate all dwelling units shall be constmcteA of Page 140 1 masonry, stucco, or of a glass building material, the kind 2 usually used on the outside wall construction, et cetera, 3 et cetera, to the extent of at least 75 percent of the 4 kind usually used for outside wall construction. Would 5 you define masonry? What would that include? 6 MR. HEAD: Typically, bricks. 7 MR. ENGELBRECHT: Brick9 8 MR. HEAD: correct. Generally, the type of 9 development you see nowadays, especially in this area, is I0 red brick. Sometimes masonry may include, if you're doing 11 landscaping in the front or back, you know, stone work, 12 limestone, that sort of thing. 13 MR. ENGELBRECHT: Would you have any problems 14 with that being simply stated as brick or limestone so 15 that it's defined more clearly? 16 MP~ HEAD: Excluding -- what would you want to 17 exclude, the glass building material? them or poisoning them or any number of things, and we don't want to see that happen. I want to know that we have a trust and that we have a responsibility to our eifi~eury and our people in this area that we're going to try to preserve foliag~ that's important to us. And so when I see that we have something we have a chance of preserving and you have a stvwardship on that, I want to know that we have enough trust hetween one 18 MR. ENGELBRECHT: NO. I'm saying under 19 masonry, instead of masonry it would simply say brick or 20 limestone. 21 MR. HEAD: Inst,~ad of stucco? 22 MR. ENGELBRECHT: NO, that would be instead of 23 masonry, it would simply state brick or limestone. 24 MR. HEAD: Oh, sure, sure. Just put brick in 125 parenthesis. That's fmc. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 137 - Page 140 32. CondenscItTM Page 141 1 MR. ENGELBRECHT: The other question I have is 2 this says at least 75 percent, would you have a problem 3 with that being 90 percent? 4 MR. HEAr>: ! think what the paragraph takes 5 into consideration is garage doors. Maybe as you get 6 closer to the caves of the house, you might have some 7 limited wood material. I think that the garage door in a 8 lot of structures, if you have atwo-car garage, so that's 9 part of it, of that 25 percent. I'm not the home builder. 10 I don't know exactly what the intent is. It's going to 11 be, again, your typical 1990's type of structure. It's 12 very similar to what's on the golf course right now. t3 MR. ENGELBRECHT: All right. Thank you. Any 14 other questions, Commissioners? Thank you. Is there 15 anyone present who would like to speak in favor of this 16 petition? Anyone present to speak in favor of the 17 petition? 18 In that case, is them anyone present to speak 19 in opposition to the petition? Anyone present to speak in 20 opposition? Seeing no opposition, the rebuttal period is 21 waived and the public hearing is closed. Is there any 22 finai staff remarks? 23 MS. V~ERA: NO. The staff recommends approval 24 with the condition that we already highlighteA. I just 25 want to remind you that the purpose or the intention of Page 142 I the staff was to review those site plans in D~C. we 2 understand that this is the second step of a detailed plan 3 that was already approved with a straight layout. And 4 when you have a straight layout, it's kind of difficult to 5 -- normally, you're going to change this plan but also you 6 have to change the one they already approved, so we would 7 like to have the opportunity to review those site plans 8 for those specific 11 lots that we highlighted before you. 9 That is the intention. If we can save those trees, we 10 will try to do it. But we understand that there are some 11 limitations, as well; talking about right-of-way and lot 12 configuration that we have to take into consideration. 13 MR. ENGELBRECHT: QUeStions, Commissioners? I 14 have one with regard to right-of-way. I noticed that I 15 guess it would be Street H, that right-of-way, because of 16 its location, really takes out a large number of trees. 17 MS. VmRA: Let me explain to you, basically, 18 when they made the tree survey, as Mr. Head explained to 19 me, basically, they take this area as a sample. So that's 20 why you have more trees identified in this area. Maybe 21 you will understand that we have the concentration of all 22 the streets in this specific site. But this was the 23 sample that they used to count the trees and measure 24 those. 25 MR. ENGELBRECHT: Are you telling me that they Page 143 I didn't do a tree survey over the entire -- 2 MS. VIEe.~: Yes. It is my understanding, and 3 the applicant can correct me, that basically they make a 4 sample but -- do you make the survey, actually? 5 MR. ~: Let me kind of clarify. 6 MR. ENGELBRECHT: sure, if you would. If you 7 could speak into the mike so they can pick it up. Thank 8 you. 9 MR. HEAD: A year ago when we started thinking 10 about designing a subdivision, what we had to go on was 11 tree masses. Okay? Originally, the first detailed plan 12 to the west of this development, it was approved based on 13 a sampling. Now, I had the tree masses. I didn't have 14 individual trees when I designed this subdivision. But 15 the information was there and, yes, we utilized it. I 16 don't want you to think we ignored the vegetation on the 17 site because we didn't. 18 Let me try to better answer your question that 19 you had about that street going through. I did look at 20 putting in a bubble or a cul-de-sac to try to stop before 21 the tree line. Okay? I had a couple of things, acouple 22 of goals in mind. One, I try to gain the best efficiency 23 I can and reach the goals that our client has. Two, you 24 have engineering considerations to think about. In 25 putting a bubble or a cul-de-sac there, it didn't work Page 144 1 with your engineering standards. There is a requirement 2 that says in the subdivision regulations, you can't have a 3 bubble necessarily unless it's on a 90-degree bend. So I 4 was working within those constraints, as well. 5 And, again, just to meet the requirements of 6 engineering and the goals of the project, that's why the 7 Street H is where it is. Does that help clarify that 8 some? 9 MR. ENGELBRECHT: okay. Thank you. 10 MR. H~: YOU bet. 11 MR. ENGELBRECHT: Are there any other 12 questions for staff or petitioner or anyone? If there are 13 no questions, are there any comments or a motion? 14 MR. MCNEILL: A motion. 15 MR. ENGELBRECHT: Mr. McNeil1. 16 MR. MCNEILL: I move to recommend approval of 17 Z-99-103 with the following conditions: A site plan, to 18 be reviewed by DR¢, for the following lots will be 19 required prior to issuing building permits; Block 3, Lots 20 7 and 14, Block 4, Lot 5; Block 5, Lot 10; Block 6, Lots 3 21 and 10; Block 7, Lot 6 and 11; Block 8, Lot 6; Block 9, 22 Lots 38 and 39. 23 MR. RISHEL: second. 24 MR. ENGELBRECHT: I dare you to repeat that 25 three times fast. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 141 - Page 144 33. CondcnscltTM 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 145 MR. MCNEILL: I couid do it. MR. ENGELBRECHT: we have a motion and a second. Is there any discussion? Ms. Gourdie. MS. C<)URDm: Thank you. I will be voting in favor of this apprehensively. I do have to say from building a home on a wooded lot, these trees -- it cost us $700.00 to just take down one of those 24-inch trees. It costs us $700.00 to take it down. And us wanted to . preserve these trees is almost a burden on the homeowner. And I can say that there's a subdivision, Crown Oaks, over on Teasley, they made a great effort to keep all these big trees and now they're all dead. And that's going to rum argund, the homeowners are going to have to pay hundreds of dollars to have these trees cut down. So the only way we really can preserve these is -- because you've got concrete up against concrete. They're going to die. It doesn't matter. It might take a year. It might take three years. They're going to die. The only way to save them is if he preserves the groves and that's going to take a financial and an extraordinary gracious offer to say, okay, we're going to take these five lots off and we're going to leave the grove of trees. I think it's worthless for us to sit here and say try to save the tree when it's just going to cost the homeowner in the long run more and more money. I think Page 146 the realism is that we lost them and the trees are gone and we're just putting more money into the homeowners' maintenance of their home. That's my personal opinion as to what really goes on once the pad sites and the development goes in. The trees are gone. But I will vote for this. MR. ENGELBRECHT: MS. Apple. MS. APPLE: well, I wanted to see if a friendly amendment would be accepted just to add a condition that would stipulate that the masonry products be brick or stone and that the brick percentage or the masonry percentage be increased to 80 percent. MR~ MCNEILL: I accept that. MR. RISHEL: Here. MR. ENGELBRECHT: okay. Any other discussion? I'd like to say I will be voting against the motion. I believe that while there is the possibility that building too close could damage the root structure and thereby kill the tree, it is also possible to increase the lot size on a few of these lots and reconfigure them so that the mass was off to the edge. Secondiy, I believe that the brick or masonry, stucco, et cetera, should be at least 90 percent excluding the garage doors. These are relatively small lots in many cases. And I guess that's all I have to say with regard Page 147 I to this particular issue. Any other comment? 2 Ma. mSHEL: would you include windows in 3 that? 4 MR. ENOELBRECHT: windows, doors, garage 5 doors, whatever. 6 MR. RISHEL: ~hank you. 7 lv~ ENOELBRECHT: There appears to be no otl~r 8 comment. In that case, vote, please. Motion carries five 9 to one. 10 (Commissioner Engelbrecht voted in opposition 11 and Commissioner Williams not present. ) 12 , ENGELBRECHT: We move to 13 14 consider 15 to Cit~ ~' of 16 Denton, for applying 17 a to request for zoning 18 19 20 21 92 23 24 25 amendments ~f a revised ~f such }roviding an effective date; and clause. And we have a few changes to MR. POWELL: oivcn the discussion of last night, and most of you were there, we believe that it's Page 148 1 appropriate this item be held until an indefinite point in 2 time where it's brought back before you. 3 The City Council has instructed staff to work 4 with the Chamber, interested parties on maybe redrafting 5 the ordinance. And until that time, we do not have a 6 draft to bring forward to you. There will come a time. 7 I'm not sure when the scheduling of that will be. We're 8 still working on that. But we will bring it back to you. 9 Until such time, I think this should be held. 10 MR. ENGELBRECHT: Commissioners, do you have 11 any questions or comments? Mr. McNeill. 12 MR. MCNEILL: But it's still appropriate, is · 13 it not~ if we would so desire, to make a recommendation to 14 the City Council concerning that -- encouraging that kind 15 of activity. That's a legitimate motion. 16 MR. POWELL: I believe if you would like to -- 17 it is appropriate to give us direction in terms of what 18 are your concerns and issues relating to the current 19 draft. 20 MR. MCNEILL: Right. That's what I'm talking 21 about. 22 MR. POWELL: I'm not sure how much the draft 23 is going to change but I think you got a sense last night 24 that it might change significantly. 25 MR. MCNEILL: I'm talking about thc process is PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 145 - Page 14l~ 34. ~817 735 §~86 ../ 0 ?' 03/01/00 15:00 P.002/002 t ~ LOT~ TO ~E ~ PI.ANNIiD' 35. ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 18.4 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 111 (PD-11!) ZONING DISTRICT; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-99-103) WHEREAS, on March 2, 1999, the City Council approved a Amended Concept Plan for the Planned Development 111 (PD-111) containing 131.76 acres; .and WHEREAS, Carter and Burgess, Inc., on behalf of Pulte Homes of Texas L.P., has applied for a approval of a detailed plan for 18.4 acres located within Planned Development 111 (PD-111); and WHEREAS, on February 9, 2000, the Planning and Zoning Commission recommended approval of the Detailed Plan with conditions; and WHEREAS, the City Council finds that the Detailed Plan for 18.4 acres located within Planned Development 111 (PD-111) is consistent with the concept plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Detailed Plan attached hereto'and incorporated herein by reference as Exhibit "A" for 18.4 acres located within PD-111, and more particularly described in Exhibit "B", which is attached hereto and incorporated herein by reference, is hereby approved, subject to the following conditions: 1. A site plan shall be submitted to, reviewed and approved by DRC, for the following lots prior to the issuing of building permits: Block 2, Lot 54; Block 3, Lots 7, and 14; Block 5, Lots 2 and 10; Block 6, Lots 3, and 10; Block 7, Lots 6, and ll; Block 8, Lot 6; Block 9, Lots 38, and 50, as more particularly shown on Exhibit "C" attached hereto and incorporated herein by reference. 2. The masonry requirement set forth on the Detailed Plan is amended to read as follows: All dwelling units shall be constructed of masonry (brick or stone), stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of at least eighty-five (85) percent of the area of the outside walls. SECTION 2. 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. 36. 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. 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 ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 65/~~'~ Page 2 of 2 37. EXHIBIT A ............ 0AK~0NT ~STAT~S ~ 38. EXHIBIT B LEGAL DESCRIPTION 18.371 ACRES BEING a tract of land situated in the Berry Merchant Survey, Abstract Number 800, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timbcrglen as recorded in County Clerks Filing Number 95-R0079950 and bing more particularly described by metes and bounds as follows: COMMENCING at the most northerly northwest comer of said Timbcrglen Company tract said point being in the south right-of-way line of Robinson Road ( an 80' Right-of-way); THENCE S 03°35'36"W, 1451.81 feet; THENCE S 86°55'30"E, 13.00 feet to the POINT OF BEGINNING. THENCE S 86°55'30"E, 140.00 feet; THENCE N 62°16'3 I"E, 111.77 feet to the beginning of a curve to the right; THENCE with said curve to the right, through a central angle of 09°3C23", having a radius of 300.00 feet, the long chord of which bears S 17°44'51"E, 50.24 feet, an arc distance of 50.30 feet; THENCE N 83°22'23"E, 153.54 feet; THENCE S 07°58'31"W, 46.39 feet; THENCE S 06°36'32"E, 735.13 feet; THENCE S 52°55'03"W, 280.98 feet; THENCE S 07°14'55"W, 394.58 feet; THENCE S 03°49'09"E, 585.42 feet; THENCE S 01°17'42"W; 11.19 feet; THENCE N 89°53'33"W, 160.68 feet; THENCE N 01°22'50"W, 25.96 feet; C&B Job No. 981727.014.1.0001 S#XXX January 6, 1999 J:UOB~98172714\SUR\WP~LEG\G011.OUT Page 1 of 3 39. THENCE S 86°12'53'W, 234.94 feet; THENCE N 03°47'07'W, 110.00 feet; THENCE N 86°lT53"E, 25.00 feet; THENCE N 03°47'07'W, 330.00 feet; THENCE N 86°12'53"E, 43.27 feet; THENCE N 03°47'07'W, 270.00 feet; THENCE N 86°12'52'E, 31.61 feet; THENCEN 03°47'07'W 110.00 feet; THENCE N 01°48'16'E 166.54 feet; THENCE N 88°40'28'E 19.82 feet; THENCE N 03°25'45'W. 110.21 feet; THENCE N 85°49'10'E 13.62 feet; THENCE N 03~04'31"E 157.04 feet; THENCE N 86°55'30'W, 4.09 feet; THENCE N 03°04'3 I'E, 110.00 feet; THENCE N 86°55t30"W, 3.98 feet; THENCE N 03°04'3 I'E, 160.00 feet; THENCE N 86°55'30'W~ 4.69 feet; THENCE N 03 °04'31 'E, 110.00 feet; C&B Job No. 981727.014.1.0001 S#XXX J:~JOB~98172714\SUR\WP~LEG\G011.OUT January 6, 1999 Page 2 of 3 40. THENCE N 86°55'30"W, 10.13 feet; THENCE N 03°04'3 I"E, 160.00 feet; THENCE S 86°55'30"E, 48.25 feet; THENCE N 03°04'3 I"E, 110.00 feet to the POINT OF BEGINNING and containing 800,236 square feet or 18.371 acres of land more or less. This document is for informational purposes only it is not intended for the conveyance of land. C&B Job No. 981727.014.1.0001 S#XXX J:XJOBX98172714\SUR\WP~LEG\G011.OUT January 6, 1999 Page 3 of 3 41. EXHIBIT C /' / / .t/ 42. AGENDA INFORMATION SHEET Agenda Agenda Item--s, gate AGENDA DATE: March 7, 2000 DEPARTMENT: Engineering & TraCon CM/DCM/ACM: Dave Hill, 349-8314 ~' ~ SUBJECT Consider an Ordinance of the City of Denton, Texas, partially abandoning and vacating a 70 foot utility easement on Block 8 & 9, Wimbleton Village, Phase III, block 10 Wimbleton Village, Phase V, and Lot 1, Block A, James Wood Autopark Addition and recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; and declaring an effective date. BACKGROUND Bobby Dollak with G. & A. Consultants, representing J & S Wood, L.P., and Physician Reliance, L. P., is requesting that the City partially abandon an existing 70-foot utility easement. The easement, which traverses the property, was dedicated by separate document in 1980 for the purpose of constructing utility lines. This easement was created after this property was initially platted. However, since that time, other easements have been dedicated to facilitate the installation of utilities on this property as development has taken place. Thus, all utility lines, which lie within this easement, are covered by additional easements as provided by the developers as requested by DRC. OPTIONS Not applicable. RECOMMENDATION Staff recommends approval. PRIOR ACTIONfREVIEW (Council, Boards, Commissions) DRC approved on January 13, 2000 FISCAL INFORMATION N/A MAP Attached Technical Assistant Right-of-Way Respectfully submitted: Ser~y Cjark, Director Eng~Y'eedng & Transportation BRIERCLIFF DR, Z BRIGHTON DR, SITE X i.i hi C~ o~ De~to~ E~g'i.~ee~g & Transportation Department Right-of- Way Divi~on Block 9 NUMBER DIRECTION L1 S 39'59'50' W L2 IS 01'55'46" W L3 S 50'00'14' E L4 S 40'01'30' W L5 N 49'57'00' W L6 N 40'01'30' E L7 N 49'58'30' W L8 IN 01'55'46' E L9 IN 39'59'50' E L10 S 49'57 00' E L~ Lot 2 ,,," ~cNott Addition. Phoso lwo / Lot 3 4James~/o~)d Autol:~a~k/~ddition '%~.. ~ L-o't 1, Block A',/ ~'~ & 43 70' Block 11 1029/480 ......... : :~ :- 'Z -_ Z -'! ;* '-~ ",, Block 13 Wim /~8'./,,,.,, " Block DRAWN BY: T.M, DISTANCE 180.18' 534.09' 44-7.16' 426.40' 70.00' 366.14' 406.36' 584.00' 200.93' 60.00 EXHIBIT for General Utility Easement Abandonment 2.258 Acres In the MF-P, & P, RR, SURVEY, ABSTRACT NO, 950 CITY OF DENTON DENTON COUNTY, TEXAS G & A Consultants, Inc. SITE PLANN1NG * PLATT/NG CIVIl. ENGINF~.RING LAND SURVEYING P.O. Box 1398 * Lewisville, Texas 75067 Fhone (972) 317-9680 * Fax (972) 317-9681 OA'I'E: 12/O7/99 SCALE:: 1'-20~' JOl~, ,o. 97379 FIELD NOTES Easement Abandonment 2.258 Acres Being all that certain lot, tract or parcel of land situated in the M.E.P. and P~R.R. Co. Survey, Abstract Number 950 in the City of Denton, Denton County, Texas, and being part of that certain tract of land described in deed to Physicians Reliance Network recorded in Clerk's File Number 95-R00040143 of the Real Property Record, Denton County, Texas, and Block 8 and Block 9, Wimbleton Village, Phase III according to the plat thereof recorded in Cabinet B, Page 349, of the Plat Records of Denton County, Texas, Block 10, Wimbleton Village, Phase V according to the plat thereof recorded in Cabinet B, Page 304 of the Plat Records of Denton County, Texas, and Lot 1, Block A James Wood Autopark Addition according to the plat thereof recorded in Cabinet R, Pages 42 and 43 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" rebar found at the most easterly corner of said Physicians tract same being the most northerly corner of Lot 3 of the McNatt Addition, Phase Two according to the plat thereof recorded in Cabinet E, Page 244 of the Plat Records of Denton County, Texas and being on the west right of way line of Interstate Highway 35 East (I 35 E); THENCE S 39°59'50" W, 180.19 feet along the east line of said Physicians tract and the west line of said Lot 3 to a 1/2" rebar found at an angle point therein; THENCE S 01055'46'' W, 534.09 feet along the east line of said Block 9 and the west line of said Lot 3 to a 1/2" rebar found at the most southern corner thereof same being the most westerly corner of Lot 2 of said McNatt Addition; THENCE S 50°00'14" E, 447.16 feet along the south line of said Lot 2 passing the most southerly corner thereof and continuing to a point; THENCE S 40°01'30" W, 426.40 feet passing the southwest line of Lot 1, Block A of said James Wood Autopark Addition and continuing on to a point being 20.00 feet from and parallel with the northwest line of Block 11 of Wimbleton Village, Phase IV, according to the plat thereof recorded in Cabinet B, Page 308 of the Plat Records of Denton County, Texas, and the southeast line of Block 10 of Wimbleton Village, Phase V, according to the plat thereof recorded in Cabinet B, Page 304 of the Plat Records of Denton County, Texas; THENCE N 49°57'00" W, 70.00 feet to a point being 50.00 feet from and parallel with northwest line of said Block 11 and the southeast line of said Block 10; THENCE N 40°01'30" E, 366.14 feet to a point being 60.00 feet from and parallel with the southwest line of Lot 1, Block A of said James Wood Autopark Addition; THENCE N 49°58'30'' W, 406.36 feet to a point being 60.00 feet from and parallel with the southwest line of Lot 2 of said McNatt Addition; THENCE N 01°55'46" E, 584.00 feet to an angle point being 60.00 feet from and parallel with the west line of Lot 2 of said McNatt Addition; THENCE N 39059'50'' E, 200.93 feet to a point on said right of way of I 35 E; THENCE S 49057'00" E, 60.00 feet to the POINT OF BEGINNING and containing approximately 2.258 Acres of land. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING AND VACATING A 70 FOOT UTILITY EASEMENT ON BLOCK 8 & 9, WhVIBLETON VILLAGE, PHASE III, BLOCK 10 WIMBLETON VILLAGE, PHASE V, AND LOT 1, BLOCK A, JAMES WOOD AUTOPARK ADDITION AND RECORDED IN VOLUME 1029, PAGE 4800 OF THE DEED RECORDS OF DENTON COUNTY, 'TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for a partial abandonment of a 70 Foot utility easement; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas, reviewed the requested abandonment and recommended approval; and WHEREAS, the City Council of the City of Denton has determined that the portion of the utility Easement being vacated is no longer needed for public use based on new easements which were granted by the property owners; and WHEREAS, the process for determining fair market value of the portion of the Utility Easement being vacated, as applicable, pursuant to TEX. LOC. GOV'T CODE {}272.001 shall be followed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. That the portion of the Utility Easement recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas and more particularly described as the 70 Foot Utility Easement on Block 8 & 9, Wimbleton Village, Phase III, Block 10, Wimbleton Village, Phase V, and Lot 1, Block A, James Wood Autopark Addition, as legally described in Exhibit "A" and shown in Exhibit "B" which are attached hereto and incorporated herein by reference, is vacated and permanently abandoned as a public easement, to the extent described in Exhibit "A" and Exhibit "B". SECTION 2. That the interests of the City of Denton in the easement above described is hereby released and will revert to the owners as provided by law. 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 AGENDA INFORMATION SHEET Agenda AGENDA DATE: March 7, 2000 DEPARTMENT: Engineering & Transpo~rtafi/~n~ CM_/DCM/ACM: Dave Hill~ 349-8314 - x/,~ SUBJECT Consider an ordinance partially vacating a utility easement established by judgments recorded in Volume 588, Page 459, and Volume 2259, Page 544 of the Deed Records of Denton County, Texas, as it pertains to Lot 1, Block 1 of the Texas Instruments Addition; and providing for an effective date. BACKGROUND When Texas Instruments set out to develop their property in the late 1980's they approached our Electric Department and coordinated the relocation of a transmission line that bisected their tract. The old alignment significantly restricted their proposed building layout. City staff and the Public Utility Board supported their proposal so long as T.I. funded all of the relocation costs. The transmission line was relocated within an alternate easement platted within Texas Instruments Addition. Texas Instruments subsequently reimbursed the City of Denton the stipulated amount. DRC approved this easement abandonment at its June 25, 1987 meeting. In 1987, there was a lag in the time between electric line relocation and the need for abandonment. Also, later that year, a transition occurred in which the Planning Department no longer facilitated abandonment requests and the Engineering & Transportation Department assumed that role. Their abandonment request inadvertently languished in archived files. The potential sale of their tract has brought about the need to follow through with the formal abandonment because of title issues. OPTIONS Not applicable. RECOMMENDATION Staff endorses the approval of the ordinance. PRIOR ACTIONfREVIEW (Council, Boards, Commissions) The Development Review Committee recommended approval on June 25, 1987. FISCAL INFORMATION In 1987 Texas Instruments paid $179,787.00 for the relocation. MAP Attached _ ,/~Prepared by: Denise M. Perez Technical Assistant Respectfully submitted: LOCATION MAP A-140T ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A UTILITY EASEMENT ESTABLISHED BY JUDGMENTS RECORDED IN VOLUME 588, PAGE 457, VOLUME 588, PAGE 459, AND VOLUME 2259, PAGE 544 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS IT PERTAINS TO LOT 1, BLOCK 1 OF THE TEXAS INSTRUMENTS ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of a portion of a certain utility easement; and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the utility easement being vacated is no longer needed for public use since the applicant has dedicated other easements to facilitate the installation of utilities in the Texas Instruments Addition; and WHEREAS, the fair market value of the utility easement has been determined and received, as required by section 272.001 of the Texas Local Government Code; NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. A portion of the 30-foot wide utility easement established by Judgments recorded in volume 588 page 457, Volume 588, Page 459 and Volume 2259, Page 544 of the Deed Records of Denton County Texas as it affects Lot 1, Block 1 of the Texas Instruments Addition, an addition to the City of Denton, Texas according to the plat thereof recorded in cabinet G, page 48 of the Plat Records of Denton County, Texas as more particularly described and illustrated in Exhibit A, attached hereto and incorporated herein by reference, is penaanently vacated and extinguished as a public easement, to the extent described in said exhibit. SECTION 2. By reason of such vacation the City of Denton's property interest in the easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement. SECTION 3. 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 Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 7, 2000 Engineering & Transpo~a~ Dave Hill, 349-8314 SUBJECT An ordinance for the payment of Eighty Five Thousand Dollars and No Cents ($85,000.®) to Citgo Pipeline Products Company for the relocation of its pipeline in conjunction with the Nottingham Extension Street and Drainage Project; and providing for an effective date. BACKGROUND The Engineering & Transportation Department has been coordinating the lowering of the Citgo pipeline for the past several months. Citgo's pipeline has been in place since the late 1940's, within their own easements, prior to this area being annexed into the City of Denton. A few years ago, the City obtained a drainage easement across the Citgo pipeline in anticipation of addressing the drainage associated with the proposed Nottingham Street extension. Early on, when it was discovered that the flowline for our proposed drainage channel was in conflict with their pipeline we approached the Citgo engineers to develop a plan to mitigate the conflict. The topographic conditions concerning drainage design dictate relocation of the pipeline to avoid the possibility of breaching the integrity of the pipeline during unusual storm water events. Citgo's standard operating procedure when taking relocation requests from all entities, public and private, is that they get a commitment up front to be reimbursed for all relocation costs, including profit and corporate overhead. Fundamentally, we agree that they should be reimbursed all of their actual expenses for labor, material and equipment but we took issue with what we felt was exorbitant profit and overhead. We have explored many alternative designs for both the pipeline and our proposed drainage channel, and lowering the Citgo pipe line is the only reasonable alternative. After working several months with Citgo representatives, we have negotiated their original verbal ballpark cost of $140,000.® , and then a subsequent engineer's open-ended written estimate of $114,211.42 to a flat fee of $85,000.®. RECOMMENDATION Staff endorses the approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION $85,000.® MAP Attached Prepared by: Paul Williamson Right-of-Way Agent Respectfully submitted: En~neering & Transportation LOCATION MAP NISTY~/I~TI MaHICa,~I VILLAGE APTS )I~ANDYV|Nr L£r .~ L££ B~ITTANY MOHICAN Z VILLAGE EAST APTS BRANDYWINE A DRAINA[ ~ CHANNEL ~ ~ IAKSHIRE AUDRA LATTIMORE TERRY CT SECTIONI C TO BE LOWEREDI EVE LYANYsADRIVELN LATTIMORE HOWARD PLACE Z LEE DRIVE PAISLEY WHISPERING OAKS OAK PARK DRIVE I ~ n, TIMBER TRAIL ~ o ~~ ~- DRIVE LEE ELEM PAl: BOUBLEOAK CT ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PAYMENT OF EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.®) TO CITGO PIPELINE PRODUCTS COMPANY FOR THE RELOCATION OF ITS PIPELINE IN CONJUNCTION WITH THE NOTTINGHAM EXTENSION STREET AND DRAINAGE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton proposes to undertake certain drainage improvements eastward from the proposed extension of Nottingham Street to Mockingbird Lane as part of the Nottingham Extension Street and Drainage Project; and WHEREAS, Citgo Pipeline Products Company has an existing pipeline that traverses the proposed drainage channel area which must be relocated (lowered) in order to complete the pro- posed drainage improvements; and WHEREAS, said pipeline is located in a preexisting easement which would therefore necessitate that the relocating of the pipeline be at the City's expense; and WHEREAS, the City of Denton has agreed to pay the cost of relocating the existing pipeline in order to complete the proposed drainage improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the "Reimbursement Agreement", attached herewith as "Exhibit A". SECTION 2. That upon completion by Citgo Pipeline Products Company of the relocation of its existing pipeline crossing the proposed drainage channel area, the City Manager is authorized and directed to pay Citgo Pipeline Products Company the amount of Eight-five Thousand Dollars and No Cents ($85,000.®) as the City's agreed cost of relocating the pipeline. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: JACK MILLER, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 "EXHIBIT A" REIMBURSEMENT AGREEMENT This Reimbursement Agreement ( the "Agreement" ) is made on the day of ., 2000, by and between the City of Denton, a Texas municipality ( "CITY" ), having its mailing address at City Hall West, 221 N. Elm, Denton, Texas 76201, and CITGO PRODUCTS PIPELINE COMPANY, a Delaware corporation, ( "CITGO" ) with its principal office located at 6100 South Yale, Tulsa, Oklahoma 74136. WHEREAS, CITGO is the present holder of certain Rights-Of-Way ( the "Rights-Of-Way" ), originally granted in favor of Sinclair Refining Company, a Maine corporation, ( "Sinclair" ) by virtue of the following instruments: 1. Right-Of-Way dated December 12, 1947, executed and delivered by W. T. Bush and Ethel Lee Bush, husband and wife, as Grantors, to Sinclair Refining Company, a Maine corporation, as Grantee, recorded in Volume 341, Page 481, Deed Records of Denton County, Texas. 2. Right-Of-Way dated December 20, 1947, executed and delivered by Roy Gray and Susie Gray, his wife, as Grantors, to Sinclair Refining Company, a Maine corporation, as Grantee, recorded in Volume 341, Page 288, Deed Records of Denton County, Texas. 3. Assignment and Assumption Agreement between ARCO Pipe Line Company, a Delaware corporation, and CITGO Products Pipeline Company, a Delaware corporation, dated October 3, 1994, Document. No. 94-R0075562, Deed Records of Denton County, Texas. WHEREAS, at CITY's request, CITGO has agreed to lower approximately 600 feet of 8" pipe on its Eagle North 8" pipeline ( the "Line" ) to accommodate the construction of a storm drainage ditch in the City of Denton, Denton County, Texas ( the "Project"); and WHEREAS, CITY has agreed to reimburse CITGO a flat fee of $85,000 for costs incurred and associated with the Project in accordance with the terms hereof. IN CONSIDERATION of the matters described above and of the mutual benefits and obligations set forth in the Agreement, CITY and CITGO hereby agree as follows: 1. All of CITGO's work incidental to the Project shall be performed by CITGO with its own forces and personnel and/or contractors paid under a contract let by CITGO in accordance with all applicable laws, regulations and ordinances. 2. By executing this Agreement, CITY is agreeing to pay CITGO a flat fee of $85,000 to accomplish the Project. It is also understood and agreed that CITGO, at its sole discretion, will determine the actual footage of 8" pipe that has to be lowered to accommodate the Project. The amount could be more or less than the estimated 600 feet of 8" pipe to be lowered. 3. CITY will submit to CITGO a Resolution from the City Counsel that states that the CITY will pay to CITGO a flat fee of $85,000 to complete the Project. 4. CITY shall pay the $85,000 flat fee within thirty ( 30 ) days from the date of the completion of the Project via wire transfer ( as directed by CITGO ) of immediately available federal funds. CITOO may charge CITY a f'mance charge in the amount of one and one-quarter percent ( 1.25% ) per month on any unpaid balance and any accrued but unpaid finance charges. Page 1 of 2 "EXHIBIT A" Texas. CITY hereby releases and forever releases CITGO, its affiliates and their respective directors, officers, employees, and agents for any damages or losses ( including lost profits and business interruption ) suffered by CITY from the lack of or failure of any permits or easements, from the design, constmction, and inspection associated with the Project, except for willful acts and acts of negligence of CITGO. This Agreement shall be construed and interpreted in accordance with the laws of the State of This Agreement incorporates all understandings and arrangements between the CITY and CITGO concerning the subject matter of this Agreement. THE CITY OF DENTON By: Nalne~ Title: CITGO PROCUCTS PIPELINE COMPANY By: Name: Title: Page 2 of 2 AGENDA INFORMATION SHEET Date~ AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 7, 2000 Judge's Office - Cay 8139 Robin A. Ramsay ~ ~ An ordinance of the City of Denton, Texas appointing Kimberly Cawtey-MdCary and Earlean Cobbin Murphy as Assistant Municipal Judges for the City of Denton Municipal Court of Record; authorizing the mayor to execute a contract for their term of office; establishing fees for payment for their services; and declaring an effective date. BACKGROUND Both individuals are currently serving as Assistant Judges and have been serving in that capacity since July 1996. RECOMMENDATION Renewal of both contracts. FISCAL INFORMATION Funding for these two positions is currently · ' provided for within the budget of the Muntctpal Judge Office. Respectfully submitted~.~ /- Municipa~u~ge J Prepared by: Cay~Spedden ~ ' Judicial Coordinator F:kshared\dept\LGL\Our Documents\Ordinances\00WlcCary Municipal Judge.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING KIMBERLY CAWLEY-MCCARY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Municipal Judges to handle the judicial functions of the Municipal Court of Record in the absence of the Chief Judge; and WHEREAS, Section 30.00006 of the Texas Government Code (Vernon Supp. 2000) provides that a governing body shall appoint one or more judges to preside over a municipal court of record; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Kimberly Cawley-McCary is hereby appointed as an Assistant Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a period beginning on the 1st day of October, 1999 and continuing through midnight, September 30th, 2001. SECTION II. That the Mayor is authorized to execute a contract, a copy of which is attached hereto and incorporated by reference herein, providing for the terms of her employment. SECTION III. 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: ,~'~'b'lx-~ CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this day of ,2000, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and KIMBERLY CAWLEY- McCARY, hereinafter referred to as "Assistant Judge". WITNESSETH: The City of Denton ("City") does hereby contract for the services of KIMBERLY CAWLEY-McCARY (''Assistant Judge") for a period of two (2) years, beginning on the 1st day of October, 1999, and continuing through midnight, September 30th, 2001. The City of Denton therefore appoints and designates said Assistant judge as a municipal judge and magistrate for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment. Assistant judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms. Conditions and restrictions as set forth for a municipal judge as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS - For the performance of any services as a municipal court judge (or as a statutory magistrate) for the City of Denton while presid'mg over' any official court dockets or scheduled court sessions as assigned and directed by the Presiding Judge for Denton Municipal Court Judge or scheduled through the municipal court co-ordinator, Assistant Judge shall be entitled to compensation at a rate of $30.00 per hour, with all portions of time over thirty (30) minutes billed as one full (1) hour. Travel time to and from the Court shall not be included as billable time. (b) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - In addition to the performance of any duties acting as a municipal judge or magistrate during any time as assigned by the presiding judge or scheduled through the municipal court co-ordinator, any office hours as required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. Assistant Judge's Contract Page 1 of 3 (c) WEEKEND AND HOLIDAY JAIL ARRAIGNMENTS - When specifically assigned by the Presiding Judge to perform magisterial duties in the City of Denton Municipal Jail on either (a) officially designated. City of Denton Holidays as designated by official city calendar, and (b) on Weekends (being defined as Saturday and Sundays), the Assistant Judge shall be cOmPensated at a rate equal to Five and one-half hours (5.5 hours) of compensated time for a total Per Diem rate of $165.00 per day, regardless 0fthe actual time expended in the performance of those duties. (d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent in attendance at in-house judicial training or mandatory judicial staff meetings as called by the presiding Judge and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 3. The Assistant Judge agrees as follows: The Assistant Judge agrees to render services at the aforementioned compensation terms. The Assistant Judge is responsible for ma'mtaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the amount billed to City. Such time records shall be submitted to the Municipal Judge or the Judicial Coordinator for review on a bi-weekly basis, and on the same date as required for City personnel payroll. Payment will be processed and paid in accordance with the City's payroll schedule. City will allow the Assistant Judge to direct payment to the financial institution of his own choosing. No additional benefits beyond the stated compensation will be provided. The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his designee. The Assistant Judge shall have no set work hours, assigned dockets or duties other than as directed by the Presiding Municipal Judge. The Assistant Judge is given no assurances as to minimum hours, work assignments or specific dockets and understands that all such work assignments are subject to change to accommodate the needs of the Court. The Assistant Judge shall be available to perform and shall perform if directed, the duties of the position, subject only to reasonable notice. The Assistant Judge must attend and complete any annual mandatory judicial education or other minimum judicia! training as required by the State of Texas within the time periods as established by law. The Assistant Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Judge shall not represent a client in a case where an employee of the City of Denton, in his/her capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. During the duration of this Contract, the Assistant Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter Y, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate. Inthe event ora conflict between the terms of this Contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. The City may remove the Assistant Judge bom office during his term pursuant to and in accordance with the requirements of §30.000085 of the Texas Government Code, or its successor, as same may hereafter be amended. o The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument signed by both the City and the Assistant Judge. The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as their own flee act. IN WITNESS WHEREOF, City has caused this Contract to be signed in its name by Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assistant Judge has hereunto set his hand and seal the day and year first above written. ASSISTANT JUDGE CITY OF DENTON, TEXAS KIMBERLY CAWLEY-McCARY By: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: BY: S:\Our Documents\Contracts\00\Cawley Asst Municipal Judge.doc Assistant Judge's Contract Page 3 of 3 F:~shared\dept\LGL\Our Documents\Ordinances\00'uMurphy Municipal Judge.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING EARLEAN COBBIN MURPHY AS ASSISTANT MUNICIPAL JUDGE .FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Municipal Judges to handle the judicial functions .of the Municipal Court of Record in the absence of the Chief Judge; and WHEREAS, Section 30.00006 of the Texas Government Code (Vernon Supp. 2000) provides that a governing body shall appoint one or more judges to preside over a municipal court of record; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Earlean Cobbin Murphy is hereby appointed as an Assistant Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a period beginning on the 1st day of October, 1999 and continuing through midnight, September 30th, 2001. SECTION II. That the Mayor is authorized to execute a contract, a copy of which is attached hereto and incorporated by reference herein, providing for the terms of her employment. SECTION III. 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: CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this day of ., 2000, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and EARLEAN COBIN MURPHY, hereinafter referred to as "Assistant Judge". WITNESSETH: The City of Denton ("City") does hereby contract for the services of EARLEAN COBIN MURPHY ("Assistant Judge") for a period of two (2) years, beginning on the 1st day of October, 1999, and continuing through midnight, September 30th, 2001. The City of Denton therefore appoints and designates said Assistant judge as a municipal judge and magistrate for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment. Assistant judge shall comply with ail requirements of law and must perform all duties as required by law and comply with all the terms. Conditions and restrictions as set forth for a municipal judge as set forth under all applicable state statutes and as required under the Texas Code of Judiciai Conduct. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS - For the performance of any services as a municipal court judge (or as a statutory magistrate) for the City of Denton while presiding over any official court dockets or scheduled court sessions as assigned and directed by the Presiding Judge for Denton Municipal Court Judge or scheduled through the municipal court co-ordinator, Assistant Judge shall be entitled to compensation at a rate of $30.00 per hour, with all portions of time over thirty (30) minutes billed as one full (1) hour. Travel time to and fi~om the Court shall not be included as billable time. Co) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - In addition to the performance of any duties acting as a municipal judge or magistrate during any time as assigned by the presiding judge or scheduled through the municipal court co-ordinator, any office hours as required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (I) hour. Travel time to and from the Court shall not be included as billable time. Assistant Judge's Contract Page 1 of 3 (c) WEEKEND AND HOLIDAY JAIL ARRAIGNMENTS - When specifically assigned by the Presiding Judge to perform magisterial duties in the City of Denton Municipal Jail on either (a) officially designated City of Denton Holidays. as designated by official city calendar, and (b) on Weekends (being defined as Saturday and Sundays), the Assistant Judge shall be compensated at a rate equal to.Five and one-half hours (5.5 hours) of compensated time for a total Per Diem rate of $165.00 per day, regardless 0fthe actual time expended in the performance of those duties. IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent in attendance at in-house judicial training or mandatory judicial staff meetings as called by the presiding Judge and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 3. The Assistant Judge agrees as follows: The Assistant Judge agrees to render services at the aforementioned compensation terms. The Assistant Judge is responsible for maintaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the mount billed to City. Such time records shall be submitted to the Municipal Judge or the Judicial Coordinator for review on a bi-weekly basis, and on the same date as required for City personnel payroll. Payment will be processed and paid in accordance with the City's payroll schedule. City will allow the Assistant Judge to direct payment to the financial institution of his own choosing. No additional benefits beyond the stated compensation will be provided. The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his designee. The Assistant Judge shall have no set work hours, assigned dockets or duties other than as directed by the Presiding Municipal Judge. The Assistant Judge is given no assurances as to minimum hours, work assignments or specific dockets and understands that all such work assignments are subject to change to accommodate the needs of the Court. The Assistant Judge shall be available to perform and shall perform if directed, the duties of the position, subject only to reasonable notice. The Assistant Judge must attend and complete any annual mandatory judicial education or other minimum judicial, training as required by the State of Texas within the time periods as established by law. The Assistant Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Judge shall not represent a client in a case where an emPloyee of the City of Denton, in his/her capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. ¸5. During the duration of this Contract, the Assistant Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Govemment Code, Subchapter Y, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate. In the event of a conflict between the terms of this Contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. The City may remove the Assistant Judge l~om office during his term pursuant to and in accordance with the requirements of §30.000085 of the Texas Govemment Code, or its successor, as same may hereafter be amended. 7. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instnunent signed by both the City and the Assistant Judge. The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as their own flee act. IN WITNESS WHEREOF, City has caused this Contract to be signed in its name by Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assistant Judge has hereunto set his hand and seal the day and year first above written. ASSISTANT jUDGE CITY OF DENTON, TEXAS EARLEAN COBIN MURPHY By: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: BY: S:\Our Documents\Contmcts\00hMurphy Asst Municipal Judge.doc Assistant Judge's Contract Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2000 Planning Department ~. DEPARTMENT: DCM: Dave Hill, 349-8314" '~ SUBJECT - V-00-003 (Milner-Crouch Sidewalk Variance) Consider a variance from Section 34-1 t4(17) of the Code of Ordinance, concerning sidewalks for Milner-Crouch Ranch Estates. The 4.87 acre site is located at the southwest corner of Cindy Lane and Lariat Road. It is in an Agricultural (A) zoning district. Single-family development is proposed. The Planning and Zoning Commission recommends approval (4-2). Agendaltem ~ ~? .... Date_ ~,. '-~. e~ ,~ - BACKGROUND The applicant has requested one (1) variance based on type of development and the nature of surrounding development. In determining whether or not to approve the exaction variance City Council must determine if the imposition of any development exaction pursuant to the City's Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. The following paragraphs summarize the staff recommendations and reasoning for each variance request. Additional information is provided in the attached Planning and Zoning Commission staff reports. 1. Exaction Variance from Section 34-114(17) concerning sidewalks The applicant proposes no pedestrian access system (sidewalks) along the exterior of the development. The cited section requires a four (4) foot wide sidewalk along all road frontages. Recommendation: Staff recommends a partial exaction variance based on the disproportionate cost of the sidewalk improvements considering the number and size of the proposed lots. Staff recommends specifically that sidewalks be installed along University Drive along with an appropriate sized culvert under the sidewalk at the intersection of Cindy Lane. The proposed sidewalk would cost approximately $13,800 or $4,600 per lot. As it costs on average $1,150 per lot in Denton to install sidewalks in residential subdivisions. As the proposed subdivision has three lots; a more proportionate figure would be $3,500 total. Comp Plan Consistency: The subject site is located in the Existing Neighborhoods/Infill Compatibility district. New development in this district should respond to existing development with compatible land uses, patterns and design standards. Staff finds the use consistent with the intent of the Comprehensive Plan. PRIOR ACTION/REVIEW On February 9, 2000 the Planning and Zoning Commission recommended approval (4-2, Apple & McNeill opposed) of a partial variance, as recommended by staff, of Section 34-114(17), concerning sidewalks, of the Code of. FISCAL INFORMATION None. ATTACHMENTS 1. Planning and Zoning Commission Reports, February 9, 2000 (V-00-003). 2. Planning and Zoning Commission minutes from February 9, 2000. ResDectfullv submitted: Douglas S[Powell AICP Director of Planning and Development Prepared by: Mike Grace Planner I ATTACHMENT AgendaNo.~ A~endal~m Date From: Date: Re: Planning and Zoning Commission David Salmon, P.E. Engineering Administrator 2/1/00 Sidewalk Variance for Milner-Crouch Addition Camille Milner, the developer of Milner-Crouch Addition has applied for a variance of section 34- 114(17) of the Code of Ordinances concem/ng sidewalks. The cited section requires that sidewalks be {n~qts~ed along all streets abutting a subdivision. In this instance, the subdivision abuts l_adat Lane, Cindy Lane and University Drive at the entrance to Ranch Estates. The developer does not wish to construct sidewalks along the frontages of these streets due to the existing '~anch look" and the borrow ditches along the subject streets. As this variance application is based on the existing toPography it is a'physieal hardship ~ariance Which may be granted by the Planning'and Zoning Commission if all of the following five criteria are met. The commission shall not approve variances unless it makes findings based upon the evidence presented to it in each specific ease (0 The granting.of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; (2) The conditions upon which the request for a variance is based are unique to th~ propeCty for which thc variance is sought and are not applicable generally to other property; Because of the particular physical surroundings, shape or topographical conditions, of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the ~.trict letter of these regulations is carried out, ~'he Variance w/il not ~.any manner vary the pr'6visions Of the.Zo,i"g Ordinance,. Denton Development Plan, Master Plan or Studies, except that those documents'may 1~ mended in the manner prescn'ocd bylaw;, and . The special or peculiar conditions upon which the request is ba~ed did not result from or were not created by the act or comm{ssion of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. Staff does not recommend the ph);sical hardship 'variance as proposed by the applicant based on the following an.~ysis. 1) 3) G-ranting the variance could be detrimental to public safety, health and welfare and detrimental to adjoining properties. Staffwould agree that the hazard along C~n. dy Lane and Lariat Lane is minimal due to the light traffic, however still exists. Cindy Lane is an entrance into the subdivision and has somewhat mom traffic than other streets in Ranch Estates. The hazard would be much more along University Drive. University Drive is a major axterial street carrying a large amountlof traffic and at a high rate of Speed~ ' ' The conditions upon which the request is made are not unique~ Estate seetion streets have'60 foot right of ways instead of 50 foot right of ways which provides wider than normal parkways. In some instances the borrow ditch takes up the entire parkway. That is one of the reasons sidewalks are often placed in an easement behind the right of way in rural areas. This is also common when State right of way is involved due to the restrictions and conditions TxDOT places on the construction of sidewalks. Staff does not feel that the rural atmosphere is a legitimate physical bardship. The property is level and would not preclude construction of a sidewalk. It appears to staff that the applicant is trying to achieve a particular "look" as opposed to there being a legitimate physical impediment to constracting sidewalks. If the cost of the improvements is an issue, this variance should be considered as an exaction variance. 4) Granting thc variance will not eause a violation of any of the City's rnas~er plans. $) As there does not appear to be a legitimate physical hardship, this criterion would not apply. The proposed request only meets one of the five criteria. Although the applicant applied for' a physical hardship variance, staff reviewed the request as ar/ exacfi.'on variance request also. The proposed sidewalk would cost approximately $13,800 or $4,600 per lot. As it costs on average $1,150 per lot in Denton to install sidewalks in residential subd/visions, $4,600 seems excessive. As the proposed subdivision has three lots; a more proportionate figure would be $3,500 total. That would provide about 350 feet of sidewalk. Staff recommen& a pmial exaction variance based on the disproportionate cost of the sidewalk improvements considering the number and size of the proposed lots. Staff recommends specifically that sidewalks be/nstalled along University Drive along with an appropriate sized culvcst under the sidewalk at the interseetion of Cindy Lane. Recommended Motion: I move that a physical hardship variance of section 34-114(17) of the Code of Ordinances be denied for Milner-Cronch Addition based on lack of physical lmrdship as the application does not meet all 5 variance criteria, however as the cost of.the imPr0v.e, ments ex .ceeds any:reaSonable benefit to the' "property, we ricommend t° the City Council that a Partial exaction variance be granted as prOpOSed by . staff. · Page 2 I' · 60' AE~3'<IiC~T'ION FOR %FARIANCE OF SUBD'rV'rs-'rON AND LAND DEVELOPMENT REGULi~T'rONS Pet~'Sioner must. provide the rationale for the variance using the following five criteria.· (1) The 9ranting of the variance will not be detrimental to the · p:t~_lic safety,: .health, or welfare o~ injurioBs to.other pro- (2) The conditions upon which the request for a variance is based are unique to th.e property for which the variance is sought and are not applicable 9enerally to o. ther property; (S) Because of the particular ph_ysical,.s..urroundln..~s,, shape,, or topographical conditions of the speozz~c property znvo-ve~, a particular hardship to the owner . would result, as df~tin~uished from a mere inconvenience, if the strict letter of these re~ulatlons is ca~ied out;. TO:~The City of Denton, Texas FROMm: .-Ca- ~im Crouch · RE: Milner/Croucfi Ranch Estates (3901 Lariat/Denton, Texas) Requested Variance We' respeCtfully reqUcsi that a variance' be granted regarding the SubdiviSion and Land Development Regulations requiring the building of sidewalks on 3901 Lariat (Milner/Crouch Ranch Estates) for the following reasons: The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other people because this subdivision has been in existence since 1963 and there are no sidewalks in any other part of the subdivision. The subdivision has existed without injury or incident during that period of time without sidewalks. In a rural-type subdivision, such as this, with the lower amount of traffic than in more urban developments, walking, bicycling, horseback riding and other recreational activities can be engaged in on the edge of the road or the shoulder of the road without the danger that might be associated on city streets that have heavier traffic. 2. The conditions upon whick thc ~cqucst for a variance is based arc unique to the property for which thc variance is sought and are not generally applicable to other propcn'y. This is an entire subdivision, which has always had bar/trench roads; it is called "Ranch Estates," and as such has more a ranch look than an urban look. If ohe of the homes were required to have sidewalks, it would look out of place, and in fact something of an eyesore because there would be one sidewalk "hanging" in that one yard. · 3. Because of'thc .sikc of thc propcrty (2 acres) and the style 'of the subdivision, it WOUld be a particular hardship for a sidewalk to be placed on thc' property in question. 4. Thc variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies because thc remaining part of the subdivision docs not have sidewalks and there arc no plans, to our knowledge, that such a requirement is a part of these ordinances/plans/studies which would include implementing such a requirement into the rest of thc subdivision in the immediate future. T~.c special or peculiar conditions upon which the request is based did not result from or were not created by thc act or omission of thc ovmcr or any prior owner, subs. equent to thc date of creation of the requlrcmcnt fi:om which a variance is sought. Specifically, this is one single- family lot in thc midst of a nearly forty-year old subdivision' in which each of the over fifty single family rcsldcnccs are one at least an acre and a half with no sidewalks and with · bar/trench roads..This.was the style of the subdivision when the City ofDenton ~.annexed it in. · thc '~arly slxties; .'.and that style has ..r. emained throughout .the life of the subdivision. The Prop0s~d Va"lance Would merely keep the 10t on which we'propose to build c°nsifit6nt with the style of the subdivision. Thank you for your consideration of this request. (Photographfi of the area in question will bc made available upon request). Subject: Milner-Crouch Ranch Estates, Preliminary Plat Staff: 'Michael Grace Case Number: PP-00-002 Agenda Date: February 9, .2000 ACTION: Consider approval of the Preliminary Plat of Lots 1, 2 and 3 of the Milner-Crouch Ranch Estates. PURPOSE AND APPLICABILITY: A preliminary plat is intended to provide sufficient information to evaluate and review the general design of a development to insure compliance with the master plans and the requirements of the City's Subdivision and Land Development Regulations. Where a general development plan is required, the preliminary plat shall substantially conform to the approved development plan. PROCEDURE: The Planning and Zoning Commission is the municipal authority responsible for approving plats according to Section 34-5 of.the Code of Ordinances. If a. plat or replat meets all subdivision and land development regulations and is not requesting any variances, the Commission shall approve the plat according to Section 212.005 of the Texas Local Government Code. SUMMARY: The 4.87 acre site is located at the southwest corner of Cindy Lane and Lariat Road. It is in an Agricultural (A) zoning district. Purpose of the plat is a three lot single-family development. The following is a breakdown of the plat: Preliminary Plat Preliminary Plat ' ' ' Acreage 4.87 Residential Lots 3 Nonresidential Lots 0 Open Space Lots 0 Total Lots 3 Density (lots/acre) 0.62 Page 1 PUBLIC IMPROVEMENTS: A variance from section 34-114 (17), concerning sidewalks has been requested. other infrastructure is in place to support the proposed development. All · RECOMMENDATION: · If the variance .is. approved the plat will conform to the minimum requirements of the Subdivision and Land Development Regulations. The Development Review Committee recommends approval. SUGGESTED MOTION: I move to approve the Preliminary Plat of Lots1, 2, and 3 of Milner-Crouch Ranch Estates, subject to approval of the exaction variance from sidewalk requirements by the city council. 1. Location Map 2. Preliminary Plat Page 2 PP-O0-O02 (Milner-Crouch Ranch Estates) NORTH · SITE LOCATION MAP Agenda Date: February 9, 2000 Scale: None 10o LOT i I : I' I' GO' 11. ATTACHMENT 2 Planning and Zoning Commission Minutes February 9, 2000 Page 2 of 5 ao Consider a variance from Section 34-114(5)b of the Code of Ordinances, concerning improvements to existing perimeter streets. (V-00-002, Auto Zone Addition, David Salmon) b. Consider a variance from Section 34-114(17) of the'Code of Ordinances, concerning sidewalks. (V-00-002, Auto Zone Addition, David Salmon) Motion by Salty Rishel and seconded by Susan Apple to recommend approval of 3 a and 3b. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 4). Motion carries 6-0. c. Consider approval of the Final Plat of Lot 3, Block 1, of the Auto Zone Addition. (FP- 00-001, Auto Zone, Beth Hudson) Motion by Susan Apple and seconded by Salty Rishel to approve. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 4). Motion carries 6-0. 4. Milner-Crouch Ranch Estates. The 4.87 acre site is located at the southwest corner of Cindy Lane and Lariat Road. It is in an Agricultural (A) zoning dist¢ict. A three lot single- family development is proposed. a. Consider a variance from Section 34-114(17) of the Code of Ordinances, concerning sidewalks. (V-00-003, Milner-Crouch Ranch Estates, David Salmon). Motion by Susan Apple and seconded by Perry McNeill to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 12). Motion fails 3-3. Elizabeth Gourdie, Salty Rishel and Rudy Moreno opposed. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval of partial variance to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page Motio~fetl~ 4-2. Susan Apple and Perry McNeill opposed. b. Consider approval of the Preliminary plat of Lots 1, 2 and 3, of the Milner-Crouch Ranch Estates. (PP-00,002, Milner-Crouch Ranch Estates, Mike Grace). Motion by Perry McNeill and seconded by Salty Rishel to approve. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 44). Motion carries 6-0. 5. Vista Ranch EstateS, Phase II. The 58.6+ acre site is generally located west of T.N. Skiles 12. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 further to come up with that. MR. MORENO: I see. But it's up to the property owners to initiate that action? MR. SALMON: That's correct. MR. MORENO: okay. Thank you. ENGELBRECHT: MI'. McNeill. MC~EmL: Mr. Rishel, if I read i isn't there an ,A" left motion, MR. RISHEL: MR. SALMON: there. MR. MCNEILL: amendment we put the MR. RISHEL: motion? typo in the is meant to be make a friendly Mr. Salmon other q~ ~ rain6 ask earlier and I'd f There is a circle drive at t first Ruth Street. How far will be used for this property be from that Condens~ItTM MR. SALMON: well, I imagine, first of all, Page 10 with both of these being local streets, you know, the can be as little as ten feet apart. I imagine it's be very yOU. MR. MR. RISHEL: clarification. As I to be ten, 20 feet. I mean, it's not going to Okay. All fight. Thank Mr. Engelbreeht. Yes, Mr. Rishel. the Agenda look at sheet, it actually shows clarification from staff on MR. ENGELBRECHT: MR. RISHEL: them just a moment is. It says Page 9 1 2 3 (5)A is new i streets. it would be "B". whatever, it needs SNYDER: The ordinance says (5)B streets. Is that what this an existing street? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 11 MR. SALMON: (s)B is existing and (5)A is new. This would be a new perimeter street because there was no street there. MR. SNYDER: SO it should be "A". MR. SALMON: yeah. MR. ENGELBRECHT: It should be "A". 1 2 3 4 5 6 7 8 9 10 Agenda I 11 And as weread [ 12 So I'd like a 1 13 14 15 16 Give 17 18 r streets and 19 20 22 23 24 MR. SNYDER: The Agenda says So ' rather than existing? ~. SALMON: Right. It would a new street 's currently no But the motion says MR. RISHEL: is correct? one. motion is correct. ,s Mr. McNeill amended it, Irish. motion? please. ~ carries of of Lot 3, Block 1, the Auto Zone Addition. a motion? APPLE: I move to approve the final plat of Lot 1 of the Auto Zone Addition. MR. MR. MR. to approve the Motion carries MR. MCNEILL: A ~ MR, have 23 24 25 PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Is there a second? second. it's been L and seconded Vote, please. onto Item 4. Mr. McNeill. ~ and C but don't we and B. MR. MCNEILL{ oh, I missed that. I'm you. _ MR. ENGELBRECHT: Item 4 is the v -- Milner-Crouch Ranch Estates. This is a 4.87-acre site located at the southwest comer of Cindy Lane and Lariat Road. It's in the Agricultural zoning district. A three-lot single-family development is proposed. Item 4A is to consider a varJ. anc~ from ~l¢otion 340-114(17) of the Code of Ordinances concerning sidewalks. And Item 4B is to consider approval of the preliminary plat of Lots 1, 2, and 3 of the Milner-Crouch Ranch Estates. Mr. Salmon. Page 9 - Page 12 13. CondcnseltTM Page 13 I MR. SALMON: At this time, we're looking at a 2 very similar sidewalk variance. In this case, the 3 applicant is the owner of one of the lots and they have 4 applied for the variance based on physical hardship. 5 They, in their letter to the City, which was included in 6 your backup, I think they've indicated that because of 7 the, I guess, the ranch style of the subdivision and the 8 large lots, that they wouldn't feel that a sidewalk would 9 be appropriate. t0 Of course, as a physical hardship variance, it 11 would have to meet all five criteria listed in my backup 12 and it's also a variance that the Planning and Zoning 13 Commission could grant if all five conditions were met. 14 Staff cannot recommend the variance based on 15 physical hardship. I think we understand perfectly why t 6 the applicant would want to apply for this variance 17 considering the nature of the subdivision. Although, I 18 don't feel that there is anything unusual physically about 19 the property that would actually preclude the construction 20 of sidewalks. You know, we've constmcWxt sidewalks 21 before in very similar situations. Saying that, we 22 decided to go ahead and look at the variance or analyze 23 the variance based on an exaction variance criteria 24 feeling that it was probably a more appropriate way to 25 look at it. Page 14 1 An exaction variance is a variance that you 2 would be making a recommendation to the City Council on 3 and it's generally considered around issues such as the 4 cost of the improvement based on the type of development 5 or how much need that development is going to create for 6 that particular type of improvement. 7 In this case, looking at it from that angle, 8 we think that the sidewalk will cost in the neighborhood 9 of about $4,600.00 per lot or about $18,000.00 -- excuse 10 me, $13,000.00 total. 11 These are relatively large lots with a lot -- 12 two of them are comer lots so, of course, there's quite a 13 bit of street frontage on these lotS collectively. And 14 it's common in the City of Denton for an average 15 residential lot to put in about $1,100.00, $1,200.00 worth 16 of sidewalk. So we're looking at a per lot basis of 17 almost four times the normal amount that it would cost to 18 install sidewalk for a single-family home. 19 Based on that, staff is reco~mnending a partial variance, 20 partial exaction variance. We do feel that there will be, 21 ultimately, a need for sidewalk on University Drive. The 22 sidewalk on University Drive is about 240-some-odd feet, 23 which would be somewhere in the neighborhood of about 24 $3,000.00 split amongst the three lotS. That comes out 25 pretty close to what we'd be looking at in a normal Page 15 I subdivision. 2 And I think the applicant's plans are to come 3 back and actually just final plat Lot 1, which is the lot 4 at the comer of Cindy and Lariat, which means, then, at a 5 later date whoever final platted Lot 3 at the intersection 6 of University and Cindy would be responsible for a 7 sidewalk on University frontage if the variance were 8 approved with the staff recommendation. 9 MR. ENGELBRECHT: commissioners, any . 10 questions? Yes, Mr. MeNeill. 11 MR. MCNEILL: On Cindy -- there are lots 12 across the street to the east of those three lots on Cindy 13 Lane; is that correct? 14 MR. SALMON: ye~a,h, there are. 15 MR. MCNEILL: And they don't have sidewalks. 16 MR. SALMON: NO. 17 MR. MCNEILL: SO if we ask him to put a 18 sidewalk along University, that would be a sidewalk that 19 went nowhere. 20 MR. SALMON: That's right. If that were the 21 only thing, if that were the only new development out 22 there at the time, then -- 23 MR. MCNEILL: Across the street of Cindy on 24 that lot that faces University, is that a residential? I 25 went out there, but I forgot what was there. Page 16 1 MR. SALMON: well, thoro is some residential 2 propexty there. And there's also a church. 3 MR. RISHEL: HO'S talking across from Cindy 4 Lane is what he said. 5 MR. MCNEILL: Pardon me? 6 MR. mSHEL: Across from Cindy Lane or 7 across -- 8 MR. MCNEILL: Yes. Across from Cindy Lane but 9 still on the north side of University. l0 MR. RISHEL: That's residential. 11 MR. SALMON: yell11, that's all residential. 12 MR. MCNEILL: SO there's no sidewalk the~ i3 now, fight? 14 MR. SALMON: currently not. 15 MR. MCNEILL: Yeah. Thank you. ~ 16 MR. ENGELBRECHT: MS. Gourd~e. 17 MS. OOURm~: SS0 is going to be widened. The 18 whole objective is to take it all the way through; is that 19 correct? 20 MIL SALMON: Right. At some point in time, 21 Hishway 380 will be wldened by the gtate. We have no time 22 frame on that. 23 MS. OOU'RDIE: And what exactly is the 24 objective to putting sidewalks there when you've got a 25 major thoroughfare happening? Is that a common thing to PLANNqNG AND ZONING COMMISSION FEBRUARY 09, 2000 Page 13 - Page 16 14. CondenseltTM Page 17 I do or is it going to be an objective of us to put a 2 sidewalk on the north side so we can access the Meztler's 3 and the Dairy Queen and everything? Is that the objective 4 is to be able to let people to walk to the -- 5 MR. SALMON: well, generally, sidewalks are 6 installed along arterials and highways to give pedestrians 7 somewhere to walk outside of the right-of-way. Generally, 8 highways like this have relatively high speed and high 9 volumes of traffic and we certainly don't want pedestrians 10 walking along the edge of the pavement. 11 The reason our ordinance requires sidewalks in 12 instances like this, even though there may not currently 13 be sidewalks adjacent, I guess, is the thought that at 14 some point in time either other property will develop or 15 redevelop or at some point in time the City or the State 16 will construct sidewalls and complete the, I guess, 17 linkages. 18 I should also mention in this same vein, we 19 have in our current -- well, in not the new bond issue 20 that was just passed but in the previous bond issue, there 21 were several hundred thousand dollars earmarked to connec~ 22 pieces of sidewalk along State highways. And we're going 23 to be in the process of doing some of those projects now 24 that some of these State highways such as 380 on the east 25 end of town have been completed. Page 18 1 So, you know, I think we understand that we :2 want to have these sidewalks linked and the City is taking 3 an active role, I think, in linking some of these up. It 4 simply helps financially if some of these sidewalks are 5 installed by the developers who create the need for 6 pedestrian and vehicle access. 7 MS. GOURDIE: Thank you. 8 MR. ENGELBRECHT: MI'. McNeill. 9 MR. MCNEILL: I have a follow-up question on 10 that. It seems to me, I've noticed several places around 11 the perimeter of Denton where we have instances like that 12 with a piece of sidewalk that was installed because of our 13 ordinances. Is there a mechanism where the developer can 14 put that money in escrow rather than let that single piece 15 of sidewalk sit there and deteriorate until such time as 16 that there's connecting sidewalk to it? 17 MR. SALMON: Not necessarily for a perimeter 18 sidewalk. The only escrow mechanism that we have for 19 sidewalk is for internal sidewalks on residential 20 subdivisions so that as people build homes, you can put 21 the sidewalks in with each individual home. But when 22 comes to what we would consider a perimeter sidewalk, 23 there is no mechanism for it. I mean, they simply have to 24 do a development contract and build the sidewalk when the 2S get a building permit. Page 19 1 MR. MCNEILL: what happens, then, in many 2 cases is it just sits there and deteriorates because no 3 one uses it and concrete will, as you know as a civil 4 engineer, will deteriorate. 5 MR. SALMON: Right. We have a -- concrete, of 6 course, will last -- we have more concerns when it comes 7 to asphalt as far as being dormant and then deteriorating. 8 Concrete is more subject to land movement as opposed to -- 9 MR. MCNEILL: water runs under it and then it 10 begins to crack and then water runs down and you can see 11 that as you go around and look at a lot of these isolated 12 sidewalks that we've built. That's all the question I'm 13 raising is it seems to me this is a good idea if we're 14 talking about connecting this thing in at some future 15 date. But to build it now when -- I mean, I don't know 16 how far that is from town but how long will it be before 17 that connects to anything? 18 MR. SALMON: I would expect that this would 19 probably become more of a priority once TxDOT gets ready 20 to reconstruct the highway. At that point in time, I 21 imagine the City would probably be looking at a program 22 like we've had on the previous bond issues where we plan 23 to go back in after the highway is completed and finish 24 those links. 25 MR. MCNEILL: Thank you. Page 20 1 MR. ENGELBRECHT: Mr. RisheL 2 MR. RISHEL: Mr. Salmon, I heard you say and I 3 don't want to be -- I've appreciated the way that you 4 textured your language and you said, I guess the reason we 5 put sidewalks in, and we respect you as the authority on 6 why we put sidewalks in and so don't hesitate to speak 7 with authority on that. And I appreciated your 8 clarification on why we do sidewalls and some of the 9 things we've seen in the past where we have not put 10 sidewalls in, then we have to go back and do it again and 11 now we're trying to rectify some of that. And Lord knows 12 I've probably been a part of some of that. Aswelookat 13 this piece of property through here, is any of this 14 property in the 100-year or 50-year floodplain? 15 MR. SALMON: I believe some of this property 16 is in the floodplain, particularly I believe down in this 17 area here there's some floodplain. There's a creek that 18 goes under Highway 380 a little bit to the west of here. 19 MR. RISHEL: seems like this is the area where 20 we've had some problems with fences failing over and 21 people not malntainln~ theaax and trying to be good 22 neighbors and discussion we've had a couple of times on 23 this. I was just trying to clarify the floodplain 24 situation. Thank you, sir. 25 MR. ENGELBRECHT: troy other questions? Yes. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 ?ago 17 - Page 20 15. CondenseltTM Page 21 I MR. MORENO: Mr. Sahnon, you said that there 2 was a mechanism for escrowing money for what I would cell 3 residential sidewalls, but not for perimeter sidewalks. 4 Is that what I understood? 5 MR. SALMON: That's correct. When we have a 6 subdivision on an existing street, for instance, some of 7 the subdivisions along Teasley, using that as an example 8 beceuSe that's a State highway, as well, the sidewalk 9 . along Teasley gets put in with the subdivision and all the 10 streets and the util/ties. But the intemal sidewalks on 11 the local streets where the houses front get put in 12 individually with each home later on in the process. But 13 we do require the developer to put up a certain percentage 14 of money in an escrow account before we accept the 15 subdivision and allow building permits. 16 MR. MORENO: Did you say that there are no 17 plans now for the widening of 380 along that stretch or is 18 there any time table for improvements? 19 MR. SALMON: well, there's a timeframe. The 20 Texas Department of Transportation, I guess, has on their 21 long-range forecast, the widening of Highway 380 west of 22 Denton similar to what they just completed on the cast 23 side. Unfortunately, I have no timeframe on that. I 24 don't believe that they've really given us one. 25 Ma. MOt, ENO: Do they have enough right-of-way Page 22 I to widen it to the extent that it was widened on the east 2 side of Denton? 3 MR. SALMON: I believe -- it isn't listed on 4 this plat document, but I believe there is about 100 feet 5 or maybe even 120 feet of right-of-way. 6 MR. MORENO: I guess my question is what is 7 the likelihood that that sidewall would be built and then 8 torn up whenever TxvOX got ready to widen that road? 9 MR. SALMON: I don't know that I can 10 accurately answer that not knowing exactly how much II right-of-way is here. The plat just says variable 12 right-of-way. I don't know how much right-of-way total 13 there is. I have no idea at this point if the State is 14 goilag to require more right-of-way to rebuild the road or 15 whether they'll try to work it in the existing. I know on 16 the east side of town, the part they just completed, I 17 don't believe they had to acquire any additional 18 right-of-way. Through the middle of town, which is the 19 section they're designing right now, I know that they're 20 having to purchaSe quite a bit of right-of-way. But on 21 this end of town, I don't know that they're going to have 22 to buy any or not. 23 One of thc things we try to do on State 24 highways, in any event, is to try to place the sidewalk in 25 an e,a~_~m~at behind the right-of-way which makes it much PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 23 I less likely that it would have to be torn up if the 2 highway were widened. And it isn't necessarily just 3 because of that reason, but also there are some other 4 implications of building a sidewalk in a Texas Department 5 of Transportation right-of-way that we usually try to 6 avoid. So regardless of the issue of the right-of-way 7 width and chances of sidewalks being torn up, we would 8 encourage the applicant, if they were going to build a 9 sidewallq to put it in an easement behind the right-of- 10 way. 11 Mi~ MOR~NO: okay. Thank you. 12 MR. ENGELBRECHT: other questions? If we will 13 escrow the funds for internal sidewalks, is there any 14 reason we cannot legally escrow the funds for a sidewalk 15 like this such that when the City came along or the 16 developer came along, we were going to link it to another 17 section, we could sh'aply then -- 18 MR. SALMON: well, I think that legally you 19 could do that if our ordinance was written as such. I 20 think part of the problem is the length of time we can 21 hold escrows. And, also, in most instances, trying to get 22 a perimeter sidewalk built with individual homes cen 23 sometimes be more cumbersome for staff. 24 It's pretty easy to get the builder to build 25 the sidewalk on the front of the houSe when they build the Page 24 1 house, but getting them to build the sidewalk that might 2 be on the back or side can be a little bit more difficult 3 for staff to enforce and then make happen. And, also, I 4 think there is some restriction on the length of time that 5 we cen actually hold money for that type of improvement. 6 And if we're looking at something that might be five years 7 or maybe even ten years down the line, I'm not certain we 8 could hold the money that long legally. 9 MR. ENGELBRECHT: DO you want to carry that 10 any further? 11 MR. SNYDER: I don't know the exact timeframe 12 under the law that could be held, but right now the 13 biggest problem is we don't have an ordinance, as I 14 understand, that allows us to do it, number one. If you 15 were to do it, you wouldn't -- in my opinion, you'd have 16 to give the developer the option of either building or 17 putting up the money. BecauSe if you didn't, that would 18 be considered an impact fee which impact fees have to go 19 under a certain procedure. 20 MR. ENGELBRECHT: Sure. 21 MR. SNYOEI~: SO it can be done. I've seen it 22 done. But as I understand it, our ordinance doesn't 23 provide for it at the present time. 24 MR. ENGELBRECHT: Okay. 25 M~ SALMON: And even in the instances where Page 21 - Page 24 16. CondonsoIt m Page 25 1 we do allow it, the ordinance is written such that we only 2 bold the escrow for three years. And at that point in 3 time, if the sidewalks are not completed, the City can 4 either require the developer to build the sidewalks or 5 complete the sidewalks at that time or we can take 6 whatever money is left in the escrow account and complete 7 them ourselves. But, I mean, that three-year timeframe 8 was placed in the ordinance based on Some legal 9 requirement. I mean, it just waan't a number picked out 10 of the air. 11 MR. ENGELBRECHT: okay. Mr. Rishel. 12 MR. RISHEL: Mr. Salmon, Cindy Lane itself 13 does not comply with our existing street ordinance; is 14 that correct? 15 MIL SALMON: well, it's a little bit narrower 16 than what we would normally require. Although, the City 17 just rebuilt it not -- just within the last couple of 18 years and it does have full-depth asphalt. So it meets 19 our minimum requirements as far as the thickness of the 20 asphalt. It's about four feet shy, though, of a normal 21 estate street width. 22 MR. RISHEL: I see. And, once again, I want 23 to back up to the floodplain situation or floodway 24 situation. Under the current ordinances that we have, how 25 does our -- what is our building in our restrictions, how Page 26 1 does that relate to development of property within the 2 floodway in a floodplain? 3 MR. SALMON: From what I can determine from 4 the plat document, the western portions of Lots 2 and 3 5 are in Zone AE which is a 100-year floodplain. I don't 6 believe they are located in the floodway. So these lots 7 being partially located in the floodplain would have to 8 meet minimum finished floor elevations when they got 9 building permits. 10 MR. RISHEL: what does that generally 11 constitute above the 660 foot? 12 MR. SALMON: we would determine what the flood 13 elevation was at that location and then establish the 14 floor elevation at least 18 inches above that. And they 15 would be required to -- 16 MR. RISHEL: That's for the pad itself?. 17 MR. SALMON: well, yeah, the floor, the actual 18 concrete slab would have'to be at least at that elevation 19 in order to pass inspection. 20 MR. RISHEL: okay. Would you say generally 21 that the majority of this entire subdivision, at least on 22 the eastern part of this subdivision, comes this way 23 across this portion of the property? 24 MIL SALMON: Right. The general drainage 25 pattern in this area is from each to west. Page 27 1 1 MR. RISHEL: SO a great deal of property from 2 the railroad tracks on through which is some distance 3 away. 4 MR. SALMON: Yeah. I don't know exactly where 5 the grade breaks. 6 MR. RISHEL: It's been so long since we've had 7 a rain out there, I know it's difficult to -- 8 MR. SALMON: But, yeah, there's drainage from . 9 quite some distance comes down from the east to the west I0 into the creek that's just a few hundred feet to the west. 11 MR. RISHEL: Yeah. My point is that one of 12 the reasons why, I fLrmly believe that not all pieces of 13 property are developable or should be developed in our 14 City, is because we've got some major drainage areas that 15 run through these properties and we need to be concemed 16 about that. And any time we're talking about something on 17 the floodway or the floodplain, I want to make sure that 18 we're stressing that to both the people that are there and 19 what we're doing as a Commission. 20 MR. ENGELBRECHT: Mr. McNeill. 21 MR. MCNEILL: I guess we need to follow-up on 22 the question from legal. If the developer wants to come 23 forward and say, I would put money in escrow until such 24 time as it was necessary, or whatever the legal words are 25 correct, for the sidewalk, that would be a legitimate Page 28 1 technique to avoid putting this sidewalk in fight now. 2 Me,.. SNYDER: YeS, but we'd have to have an 3 ordinance in place that would permit that. 4 MP~ MCNEILL: We do have to have an ordinance. 5 It couldn't -- the builder -- the developer couldn't come 6 forward and say he would do that without the ordinance. 7 MR. SNYDE~: In my opinion, it would be risky 8 to do that. 9 Mm MCNEILL: okay. That fine. Thank you. l0 MR. ENOELBRECHT: Ally other questions? Thank 11 you, Mr. Salmon. Is there anyone present who would li!m 12 to address this issue'/ If you would please give us your 13 name and business address for the record. 14 Ms. MILNER: Good evening, Mr. Chairman and 15 members of the Commission. My name is Camille Milner and 16 my husband, Tim Crouch, I thought was coming up hem with 17 me. We've been back there debating who would be the 18 speaker In this. And I think be thinks because I've been 19 named developer in this memo that I should be be -- this 20 is a whole new role for me and he's having a good time 21 with that. 22 I brought some photographs along. Our plan, 23 as you heard from Mr. Salmon, is that we, hopefully, will 24 build a little house on this two-acre comer lot at some 25 point. And so we are not purchasing this other section. PLAHHIHG AND ZONING COMMISSION FEBRUARY 09, 2000 Pago 25 - Pago 28 CondcnacltTM Page 29 1 But we did take some pictures because we thought it might 2 aid you in your decision and, just by way of background, I 3 grew up out there and I am very close friends with many of 4 the people that still are out there. And many of the 5 people that I grew up with have returned. And there are, 6 as you have I know probably heard, they're a very, very 7 close neighborhood and very concerned with beautifying 8 Benton and keeping their area beautiful. 9 This is the comer which is the subject 10 property where we will be hopefully building. And this 11 is, if you're looking southwest, that is just the subject 12 property just to give you a point of reference. 13 MR. MCNEILL: Which one is Lariat Road and 14 which one is Cindy Lane? 15 MS. MILNER: This is Lariat. This is Cindy. 16 And 380 is out -- there's that -- Dr. Hardy's house is 17 within those trees and then 380 is just south of that. 18 MR. MCNEILL: Thank you. 19 MS. MILNER: This is going the different 20 direction. This is at the comer of the last picture and 21 you are facing north. This is merely to give you an idea 22 that there are no sidewalks out there and I lived out 23 there before it was annexed by the City and, as I recall 24 and most of the neighbors that still live out there 25 remember, many of these issues that now are on the Page 30 1 ordinance list were supposedly grandfathered in as part of 2 -- I don't know that there's anything written. I assume 3 there was but I was only about five or six then so I don't 4 really know a lot about what went on then. It's mainly 5 what I have heard from the neighbors that are still there. 6 But I think some of the issues of -- that would be typical 7 for new development were -- when there was an agreement 8 reached, that it would be annexed. That was part of the 9 agreement and we'd have to go back historically and 10 research to learn the specifics of that. But, none the 11 less, that's what it has maintained through the years as 12 basically its look. 13 This is -- you were askihg about toward the 14 railroad track. The railroad track is at the crest of 15 this hill. There are about three two-acre estates, I 16 guess if you want to call them that, and that would be the 17 road going east. And you can see none of those have 18 sidewalks. And that's the way -- there's approximately 50 19 houses out there and I would say that is indicative of all 20 of the -- there are no sidewalks. My husband, who was on 21 the bond committee recently, I think would like to talk to 22 you about some of the issues about 380. 23 We, again, have not purchased this part but in 24 my explanation of what we were doing with the neighbors, 25 couple of thing~ that they said is they thought it would Page 31 1 be an eyesore for there just to be that floating sidewalk. 2 But that's not really a grounds for a variance and we 3 understand that. But just so that you know what the 4 neighbors are thinking. But in addition to that, one of 5 the neighbors brought up that for children riding bikes, 6 they thought it could be something of a health hazard, and 7 I included that in our request earlier because she said if 8 a child is riding on a sidewalk and there's a drop-off, 9 that can obviously be something of a health hazard. Now I 10 will defer to my husband to talk with you about what they 11 have in terms of timeframes on expanding 380. 12 MR. RISHEL: Mr. Chairman, is the timer not 13 working? Just a point of clarification. 14 MR. ENGELBRECHT: We didn't exceed the five 15 minutes, if that was your concern. 16 MR. CROUCH: I think the only thing I wanted 17 to say was in response to Mr. Moreno's question. If I 18 understood in our work on the bond committee, the 19 timeframe for widening 380, it's within the next ten years 20 that that will occur. And that would be on my concern if 21 that was -- if we were having to develop and put the 22 sidewalk in on that section of property, that we would be 23 putting something in that would be tom out in a 24 relatively short period of time. And if it's not, then 25 you've got a sidewalk that's 120 feet back from the street Page 32 1 that's not going anywhere. It seems like a waste of 2 money, at least at this point to do something like that. 3 But as my wife said, wo'r~ really not all that concerned 4 about that piece of land because we didn't buy it. But 5 for purposes of discussion, I think that there's some 6 question about why to invest the money at th~s point in 7 putting a sidewalk along University. 8 MR. ENOELBRECHT: commissioners, any 9 questions? Thank you. Anyone else present who would like l0 to address this issue? Anyone else present who would like 11 to address the issue? In that ease, Commissioners, any 12 further questions for staff, any conmlents, or a motion? 13 We would need separate motions for the two iteans. 14 MR. RISHEL: I'd like to make a comment. 15 MR. ENGELBRECHT: Yes, MI'. Rishel. 16 MR. RISnEL: I know in the past, I have been 17 one of those people that has tried to look for a reason on 18 how we do things, as several of our other Commissioners 19 have, and logic to what that process is. I think back -- 20 this is a logical situation, I think, to not have 21 sidewalks. I also -- and them have been sevca'al 22 situations, I think most recently since I've been on the 23 Commission of Hobson and 1830. And as I look back on 24 that, I'm almost sorry that I moved in that direction of 25 not allowing sidewalks. Number one, we've got a street PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 18. Page 29 - Page 32 CondenseItTM Page 33 1 here that is a little bit narrow. We would typically 2 allow for estate-type streets. I've done a lot of work in 3 that area and occasionally I find myself going a little 4 faster on that road than I need to and I get my finger 5 shaking at by the people that are walking along there. 6 And I appreciate their kind reminder that it's an area 7 that you kind of need to slow down because pedestrians and 8 ears are on the same right-of-way there and so I very much 9 appreciate that: If it was a full-size street that 10 allowed for a little bit more width between two passing 11 cars and walking pedestrians, I think I would be more 12 inclined to favor this type of activity of not having 13 sidewalks. 14 I see countless situations where we're going 15 back now into subdivisions, particularly subdivision areas 16 that are kind of gateways to the subdivision which this 17 is, because there's a lot of property that's continuing to 18 the back or the north of this particular entt3avay. And as 19 we continue to limit the amount of accesses we're going to 20 allow on 380, I think that areas, in particular that tend 21 to be limit~l straightaways to get to a subdivision are 22 going to be more and more vulnerable for people that want 23 to walk in those areas and we don't yet have the width of 24 the street to accommodate that. 25 So I want to be very cautious on how we Page 34 I proceed in looking at not having sidewalks even though we 2 might have a history and what appears to be a logic of not 3 having them at this point in time in how we think about 4 what sidewalks do for us and the safety of our citizenry. 5 Thank you. 6 MR. ENOELBRECHT: Any other comments? Mr. 7 Moreno. 8 MR. MOP, ENO: Yes, sir, Mr. Salmon, is there 9 such a thing as a variance based upon neighborhood 10 characteristics? 11 MR. SALMON: unless the characteristic is some 12 physical circumstance that would make it difficult or near 13 impossible to build, I think -- in this ease, I think the 14 characteristic of the neighborhood is the fact that it's 15 large lots which precipitate a lower traffic volume and a 16 larger amount of sidewalk per lot, which is the reason we 17 think it fits into an exaction variance mold. You know, 18 most of the time these types of variances are really 19 exaction variances because the type of development doesn't 20 create the need for that improvement. 21 MR. MORENO: okay. 22 MR. ENGELBRECHT: Another question? 23 MR. MOP, ENO: yeah. Mr. Salmon, earlier I 24 think I heard you say that staff felt that there would be 25 a need for sidewalks along that stretch of road someday or Page 35 I something to that effect. Could you elaborate on that a 2 little bit? 3 Ma. SALMON: well, sort of in the same vein 4 that I just spoke of, the Ranch Estates subdivision is 5 large lots and so, of course, has, I guess, relatively low 6 lraffie volumes. The lots are large and we would agree 7 with the applicants based on the need for sidewalks out 8 here on the local streets that that's probably a good. 9 Candidate for an exaction variance. But when you leek at 10 a highway like 380, we know it's going to be expanded. We 11 know there's already a large volume of traffic there at a 12 high rate of speed. 13 I know on a lot of other previous occasions 14 when we've been here with variances, you know, and, 15 unfortunately, I don't know in this case but a lot of 16 times along these highways, you actually have worn 17 footpaths. And I guess staff's position is we would 18 rather ultimately have people walking on a well-placed 19 sidewalk away from the pavement as opposed in the bar 20 ditch up next to the pavement on an unpaved surface. And 21 so it's just a matter of Highway 380 having more traffic 22 and a higher volume and higher speeds and trying to 23 provide a safe place for pedestrians to walk, ultimately. 24 MR. MOt, eNO: Thank you, sir. 25 Ma. ENOELBRECHT: oth~ questions? I have Page 36 1 one. On the south side of 380, I think a little further 2 west, there was a ease awhile back regarding a group home 3 of some kind. Did they not have a request for a variance 4 on a sidewalk? 5 MR. SALMON: Right. And now I'm having to go 6 by memory, but they did request a sidewalk variance. And 7 I think, I don't remember, but I believe it was based on 8 -- it was an exaction variance. And I believe that 9 ultimately it was approved by City Council. 10 MR. ENGELBRECHT: That's what I thought. The 11 variance was approved, as I recall. 12 MR. SALMON: Right. 13 : MR. ENOELBRECHT: okay. All right: Mr. 14 McNeilL 15 MR. MCNEILL: I have a procedural question. 16 So the petitioner has gone through these five criteria and 17 the staff has gone through the five criteria and what we 18 have is a difference of opinion. The staff is saying that 19 it does not meet it and the petitioner is saying that they 20 do. 21 MR. SALMON: right. I guess our position was, 22 if you recall the pictures that the applicants put on the 23 board, the property out there is relatively level, very 24 level, in fact, and I don't think we would have any 25 trouble building a sidewalk if we really wanted to. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 33 - Pag~ 36 CondcnscltTM Page 37 I MR. ENGELBRECHT: commissioners -- Mr. 2 MeNeill, do you have another question? 3 MR. MCNEILL: That's okay. No. 4 MR. ENGELBRECHT: Any other questions, 5 comments, or a motion? Don't all speak at once. 6 MR. SNYDER: I think that whoever makes the 7 motion should make it clear what type of vadanoe they're 8 recommending or they're asking for whether it be a 9 hardship or an exaction because, as stated earlier, a 10 hardship variance ends here; an exaction variance is a 11 recommendation to City Council so it doesn't end here 12 tonight. 13 MR. ENGELBRECHT: okay, Ms. Apple. 14 MS. APPLE: I would move that we approve an 15 exaction variance. 16 MR. MCNEILL: DO we have to define which part 17 we're exacting? 18 MR. ENGELBRECHT: Is this in total? 19 MS. APPLE: Uh-hBh. 20 MR. ENGELBRECHT: okay. So, in essence, it 21 would be a total exaction variance for the entire thing? 22 MS. APPLE: Yes. 23 MR. ENGELBRECHT: okay. Is them a second? 24 MR. MCNEILL: second. 25 MR. ENGELBRECHT: It has been moved and Page 38 1 seconded to recommend total variance, variance of the 2 entire cost, exaction-type. Is there discussion on the 3 motion? Ms. Apple. 4 MS. APPLE: I just want to say that, along 5 with Commissioner McNeill's concerns about sidewalks that 6 go nowhere and sidewalks that sit and deteriorate over 7 time, I'm very concerned about that. I also think the 8 character of that neighborhood, there are no other 9 sidewalks. I think that would make that property stand 10 out having this concrete that goes nowhere. 11 MR. ENGELBRECHT: MS. Gourdie. 12 MS. COURDIE: I will not be voting in favor of 13 this motion. I believe that a partial exaction variance ~ 14 would be the appropriate thing to do. Mr. Rishel brought 15 up a good point that we've done this before and then, all 16 of a sudden, we've seen development happen quickly along 17 the path, so to speak, and then we have spots where 18 there's no sidewalk, which Hobson was a very good exampl, 19 where we've got two properties that had to put it in and 20 the one that didn't -- and so we're somehow creating --. 21 either way, we're creating a problem. We either don't 22 have -- we have a footpath which is mud or water or we 23 have a concrete path which might deteriorate. And, of 24 course, concrete has been around since the Roman times so 25 we don't know when that might happen. Page 39 1 So I believe that University Drive is a 2 legitimate sidewalk and I think it's a necessary sidewalk, 3 especially for those people that don't have a car, who 4 don't have all the luxuries that we have in life where 5 they depend on their two legs to get around or get off a 6 bus and walk to their homes. So I believe that it's a 7 good start to have this short amount of sidewalk. 8 MR. ENGELBRECHT: Any other discussion? Mr. 9 Moreno. 10 MR. MOP, ENO: Question for Mr. Salmon. Have 11 you seen evidence that there is a footpath out there now? 12 MR. SALMON: well, unfortunately, I didn't 13 personally visit the site and I don't know in this case 14 whether there is one. 15 MR. ENGELBRECHT: MI'. Risbel. 16 MR. RISHEL: Yeah. As it's postured fight 17 now, I don't believe I'd be able to vote for this either. 18 My concern -- I certainly see that within the subdivision 19 itself that there are no other sidewalks. I understand 20 that's a very logical argument. I'm still concerned about 21 Cindy Lane and the fact that that street is not really 22 adequate to even handle foot traffic, let alone two 23 passing cars, although it is wider than we have in some 24 areas. If this was mended to be at least a sidewall on 25 the University part, I mean, there's other reasons why Page 40 1 people walk on sidewalks besides just walking in their 2 neighborhoods and this is really a perfect example of 3 additional property that's going to be developed further 4 down the road from it on both directions. And I think 5 whether you run out of gas and you need to go walk along 6 the sidewalk and get to the next gas station and can get 7 off of the curb of that road, I would rather see that. 8 As I look back on pieces of property that 9 we're now going back in and putting either sidewalks or 10 buttons or bike paths, like as we see on Hinlde where I 11 know we've had at least two fatalities and probably five 12 or six people that have been injured that have been 13 walkers or people biking in that area, that we're now 14 trying to rectify something that we did years ago that was 15 very logical, also. And that is a fairly broad street, 16 curb and guttered and whatever else, but it is not still 17 been adequate to protect pedestrians and the bikers that 18 there are along there. 19 So if this was amended, and it doesn't seem 20 like a friendly motion would be accepted from what's on 21 the floor at this point in time that at least we would 22 have a sidewalk along University, I would be able to vote 23 for it. But as it is now, I would not. 24 MR. ENGELBRECHT: Any other comment? Mr. 25 Moreno. PLANNING AND ZONING COMMISSION FI/BRUARY 09, 2000 Page 37 - Page 40 20. CondenscltTM Page 41 I Ma. MOP, ENO: Mr. Chairman, truthfully, I~m not 2 sure which way to vote on this thing. I'm disappointed 3 that there's no mechanism for at least escrowing some 4 money that can be used in the future for perimeter 5 sidewalls. I guess what I'm trying to say is I think -- I 6 feel like I'm going to vote against this particular motion 7 the way it's stated because I feel like there may be a 8 need at some point in the future for a Sidewall out there. 9 And i'm jt~st disappointed that there's no mechanism for at' 10 least escrowing those dollars. 11 MR. SALMON: I might make a reminder in this 12 case that in this instance what we're looking at 13 immediately is Lot i. At this point in time -- what's 14 going to immediately happen or more immediately happen is 15 a house on Lot l. At this point~ Lots 2 and 3 are not -- 16 there is no proposed final plat on either of those two 17 lots and we have no idea at this point when and if they 18 even will be developed. And, of course, the sidewall, if 19 it were required, would not need to be installed until 20 that occurred. So, you know, we may be looking at some 21 time before we would have a sidewalk there, in any event. 22 MR. ENGELBRECHT: Mr. McNeill. 23 MR. MCNEILL: I have a question. If in the 24 future, as Commissioner Rishel has said, there's a need 25 for Cindy to have sidewalks on there, there's not a Page 42 1 mechanism to go in and force or is there a mechanism to 2 force the existing homeowners to put sidewalls in? 3 MR. SALMON: Not at a later date. Once the 4 property has been platted and filed -- 5 MR. MCNEILL: Right. So the probability of 6 adding additional sidewalks, because Cindy Lane is pretty 7 well developed as I recall all the way up through there, 8 so the ability to add additional sidewalks on either side 9 of tho street would strictly be up to the homeowners as to 10 whether they wanted it or not. 11 MR. SALMON: Right. And at this point with it 12 being developed, I would imagine if there ever was going 13 to be one, it would probably be funded through the Capital 14 Improvements Program or something of that nature. 15 MR. MCNEILL: Yeah. Thank you. 16 MR. ENGELBRECHT: Ally other discussion? These 17 sidewalks are always an issue and that's why we consider 18 them individually. We don't have any other mechanism at 19 the moment. I certainly believe that we need another 20 mechanism if we can find one legally and I know that's 21 been a problem in the past to find a good mechanism. But 22 I recall that -- that's why I asked the question about the 23 variance on the property on the south side of the street 24 which was, in essence, a single-family residence. Was ~25 being used for another purpose but it's a single-family Page 43 I residence. 2 And the Council saw fit to grant a variance in 3 that particular ease, I believe, after the Commission had 4 in that case votf, xl to deny a variance. And taking all of 5 that information into account, I'm going to be voting in 6 favor of the motion. Any other discussion? In that case 7 if there isn't, vote, please. The motion fails for the 8 lack of a majority, 3~3. 9 (Commissioners G0urdie, Rishel and Moreno 10 voted in opposition) 11 MR. ENGELBRECHT: IS there another motion? 12 Ms. Gourdie. 13 MS. GOURDIE: I move that we recommend a 14 partial exaction variance for University Drive or from 15 Cindy Lane and only on University Drive for a sidewall. 16 MR. ENGELBRECHT: okay. In essence, your 17 motion is to recommend as recommended by staff?. 18 MS. GOUgDIE: correct, which would mean that 19 the sidewall does not go in until Lot 3, which could be 20 ten years from now, is developed. So we have a timeframe 21 to work with on that, also. 22 MR. ENGELBRECHT: IS there a second? 23 MR. RISHEL: second. 24 MR. ENGELBRECHT: It's been moved and seconded 25 to recommend a variance as proposed by staff which, in Page 44 1 essence, would require a sidewalk along University Drive. 2 Any discussion on the motion? If not -- it appears not. 3 Vote, please. Motion carries four to two. ~ 4 (Commissioners Apple and MeNeill voted in 5 opposition) 6 MR. MCNEILL: I have a question legally. 7 MR. ENGELBRECHT: YeS, Mr. McNeill. 8 MR. MCNEILL: $o what we've done is recommend 9 to Council, because we're not the approving authority on 10 this, it's up to Council to make the decision as to what 11 to do with this. 12 MR. ENGELBRECHT: That's correct on this type 13 of variance. 14 MR. MCNEILL: Thank you. 15 MR. ENGELBRECHT: But having made a decision 16 with regard to the variance, it allows us to move onto 17 Item 4B, which is to consider approval of the 18 preliminary plat of Lots 1, 2, and 3 of the Milner-Crouch 19 Ranch Estates. 20 MR. REICHHART: And I would just add that that 21 motion should be conditional that the variance is approved 22 by City Council. 23 MR. ENGELBRECHT: Thank you. Are there any 24 other questions for staff or a motion? 25 MR. MCNEILL: Motion. PLANNING AND ZONING COMMISSION FEBRUARY 09, 2000 Page 41 - Page ,I 21. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7th, 2000 Planning & Developm~ent Dave Hill, 349-8314,~ Agenda No. ~ Agenda item_ SUBJECT Consider approval of an ordinance of the City of Denton, Texas amending the schedule of fees contained in Ordinance 99-371 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances, providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. BACKGROUND The adoption of Ordinance 2000-046 and Ordinance 2000-069, known as the Residential and Nonresidential Interim Regulations respectfully, created two new types of review; the Zoning Plan and Project Plan. The existing fee schedule of the Planning and Development Department needs to be updated to reflect these two new types of review. As indicated when the ordinances were adopted, the fees assigned are the same as for the fees charged for Concept Plan and Detail Plan reviews. The revised schedule is attached, only application numbers 15, 16 & 17 have been added, no other changes to the fee schedule are proposed. OPTIONS Council may either: 1. Approve the revised fee schedule as presented, 2. Approve the revised fee schedule with changes or 3. Hold this item over to a later meeting. RECOMMENDATION Staff recommends approval of the revised fee schedule. ATTACHMENTS 1. Fee Schedule 2. Draft Ordinance R~espectfully submitted: D°ugla4 S. Vowell, - Director of Planning & Development Development Review Fee Schedule # Type of Applicatlon Fee 1 Predesisn Conference $250 (is not credited toward other fees) SF & 2F: $200 + $6 / lot 2 Preliminary or Final Conveyance or Development Plat All Others: $200 + $10 / acre Residential: < 10 lots: $200 + $6/lot 3 Preliminary or Final Plat Residential: > 10 lots: $300 + $10/lot Nonresidential: $300 + $15 / acre 4 Amendin$ Final or Amendin$ Prehrninary Plat / Replat $250 5 Minor Plats $300 + $6 / acre 6 Extension of Time for Plat $100 7 Vacation of Plat $250 8 General Devdopment Hah $100 + $15/acre 9 Variance to Subdivision Regulations $250 per variance 10 Annexation Petition $750 11 Historic Landmark Designation $65 12 Specific Use Permit $1,500 + $65 / acre $250 + additional $100 if processed 13 Minor Amendment to Specific Use Permit administratively 14 Extension of Time for Spedfic Use Permit $250 0 - 5 acres: $1,500 5 +- 25 acres: $2,000 15 Zoning Plan 25 +- 50 acres: $3,000 50 + acres: $4,000 + $10 / acre 16 Project Plan $1,000 + $25 / acre 17 Desisn Plan $1,000 + $25 / acre 0 - 5 acres: $850 18 Straight Zoning Change 5 +- 25 acres: $1,250 25 +- 50 acres: $2,000 19 Downzoning 50 + acres: $2,000 + $10 / acre 20 Zoning Verification Letter $20 per site 0 - 5 acres: $1,500 5 +- 25 acres: $2,000 21 Planned Development District: Concept or Development Plan 25 +- 50 acres: $3,000 50 + acres: $4,000 + $10 / acre 22 Planned Development District: Detailed Site Plan $1,000 + $25 / acre Planned Development District Detailed Site Plan Minor $250 + additional $100 if processed 23 Amendment administratively 24 Planned Development District Detailed Site Plan Time Extension $250 25 Right-of-Way or Easement Abandonment $150 per lot 26 Board of Adjustment $150 Current Postal Rate for Certlfied Mail + 27 Public Hearing Legal Notice for Property Owners within 200 feet $.055 - each Current Postal Rate for First Class Mail - 28 Public Hearing Courtesy Notice for Residents within 500 feet each 29 Public Hearing Sign - 2'XY for road frontases of 45 or less mph $65 each J0 Public Hearing §ign - YX'~' for road frontage~ of '~5t- mph $100 each NOTE: The fees for items #28, 29, 30, 31 will be collected at least five days in advance of mailings and sign postings. NOTE: The cost of newspaper publication for public hearings, annexation ordinances and service plan, zoning ordinances, or other required notifications shall be paid at cost at the time of application submittal, in an amount deternfined by the Plannin$ & Development Depattment~ in addition Fo the application fees posted in this schedule. pay ~genda. Form Date: 2/2000 e F:~hared\deptkLGL\Our Documents\Ordinances\00~Amended Development fee Schedule.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 99-371 BY ADOPTING. A NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance 99-371 is hereby amended by the adoption of the Development Review Fee Schedule set forth in Exhibit "A", attached hereto and made a part hereof for all purposes, and authorized to be imposed for the filing of applications, review, approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations required by the Subdivision Rules and Regulations and Zoning Regulations set forth and authorized in Chapters 34 and 35 respectively of the Code of Ordinances of the City of Denton. SECTION 2. That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 3. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid by any court, 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 that it would haVe enacted the remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective immediately after its passage and approval, 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 (I0) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 7th, 2000 Planning& Developm~~fent Dave Hi!!,349-8314 ~/-~f~ Agenda No, Agenda Item. Date 3 - SUBJECT Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by GBW Engineers, Inc. for the remaining phases of Beverly Park Estates, PD-90 located east of Sherman Drive and south of Loop 288. BACKGROUND An application for request for relief from the Residential Interim Regulations has been received. (see Attachment 1). Background information regarding the current status of this case is provided in Attachment 2. Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Cotmcil on February 1st, 2000. This ordinance contains standards with which residential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: Section F. Relief Procedures 1. The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. 2. 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. 3. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (13 the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (e) grant the relief request subject to conditions consistent with the criteria set forth in this section. 5. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE If relief is granted for the petitioner, processing of the Zoning Application can proceed. PRIOR ACTION/REVIEW One petition was reviewed on February 15, 2000: Golden Triangle Joint Venture (Z-99-096) - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Letter from petitioner 2. Background information Respectfully submitted: Douglas g. Powell, AICP Director of Planning and Development ATTACHMENT 1 Grantham, ~urg~ & WaJdbausr Engineers, Inc. February 11, 2000 Honorable Mayor and City Council City of Denton c/o Planning & Development Department 221 N. Elm Denton, TX 76201 Attention: Mr. Larry Reichhart, ASLA Ref: Request for Waiver from Interim Residential Development Standards Beverly Park Estates - Remaining Phases GBW No. 99-172 Honorable Mayor and Council Members: Pursuant to the Relief Procedures outlined in Section F of the Interim Residential Development Standards, we request a waiver on behalf of Bel Air Development, Ltd. (Owner) for the remaining phases of Beverly Park Estates (PD-90). In deciding whether to grant relief to the Developer, we request that the City Council 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; Bel Air Development, Ltd. is the Owner of a 93.5 acre portion of PD-90 which is being developed as Beverly Park Estates. The development of this tract started in 1997 with the submission of a General Development Plan which showed the land uses and densities contained in PD-90 along with a proposed lot layout for the first two phases. It also contained traffic projection and wastewater demand calculations for the complete development. To date, 132 lots (SF10) have been developed as Phases 1 and 2 and ownership of a 9.3 acre tract has been transferred to the City for use as a Regional Detention Pond. In July of 1999, the Owner submitted a Detailed Plan for the development of Phase 3 which the General Development Plan showed as a mix of duplex and zero lot line units. Following a staff recommendation at the September 7 DRC meeting, the Owner held two public meetings with interested residents from the neighborhood. At the second public meeting, the neighbors voted overwhelmingly in favor of replacing the duplex and zero lot line units with SF-7 units and transferring the lost density to the multi-family portion section of the tract. The multi-family density Tel (972) 840-1916 Fax (972) 840-2156 1919 S. Shiloh Road, Suite 530, L.B. 27, Garland, Texas 75042 3. Mayor and City Council City of Denton February 11, 2000 Page 2 allowed under PD-90 is 18 units per acre;.the increased density of the multi-family portion including the aforementioned density transfer is .22.7 units per acre. It is our understanding that the Interim Standards would impose the new density limitations and other development standards on the remainder of the subject tract without giving the owner any credit for the lower density development and detention pond property transfer which has recently taken place. The owner purchased the property and has proceeded with the development under the belief that the land uses shown on the General Development Plan which was approved in 1997 were vested. In addition, the development was planned under the assumption that the investments made in public infrastructure and land transfer in the first two phases would be offset by the higher density phases which have yet to start. (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; All of the undeveloped land in Beverly Park Estates, with the exception of the zero lot line parcel, is located in a Community Mixed Use Center on the Comprehensive Plan. This undeveloped land is bounded by Loop 288 to the north,.S.H. 428 (Sherman Drive) tothe west, SF-7 zoning to the east, and SF-10 zoning to the south. The proximity of a freeway (Loop 288) to the north and a major arterial (S.H. 428) to the west increases the suitability of this tract for a higher density residential land use. A study of the average lot sizes in the existing developments to the south was conducted for the Owner during the approval process for a detailed plan for Phases 1 and 2. It was found that, in general, the proposed lot sizes in these first two phases meet or exceed the average lot sizes in the older neighboring developments to the south. Many of the lots in the first two phases exceeded 10,000 square feet as the owner elected to install a curvelinear street system with cul-de-sacs rather than a grid system. (c) the impact of the proposed residential use on the transportation and other public facilities 'systems affected by the development; City staff confirmed that the transportation network in the vicinity of the subject tract is adequate to support the total development when the General Development Plan was reviewed and approved for the 93.5 acres. In addition, existing water, sanitary sewer and drainage facilities were in place at or near the tract to serve the development. In conjunction with the development of the first two phases, the owner oversized water and sanitary sewer lines to provide capacity to future development to the north and west of the tract. In addition, an off-site water line, which was not required to serve the development, was extended south on Sherman Drive to provide a looped connection for the City's water system. The City will reimburse the owner for the utility oversizing. Mayor and City Council City of Denton February 11, 2000 Page 3 PD-90 included a park site which'the owner wanted to incorporate in the General Development Plan to provide an attractive amenity for home buyers and for the community in general. However, the City commissioned a Master Drainage Study subsequent to the approval of PD-90 in 1984, which identified this tract as a Regional Detention Pond location. The purpose of the detention pond is to slow the rate of storm water runoff downstream of Kings Row where the flooding and erosion problems that have occurred are likely to increase as upstream development takes place. The City asked the owner to replace the park with the detention pond. In return for the land, the City agreed to pay the developer a lump sum fee for the widening of Kings Row along the portion of the property frontage which the City would take ownership of with the detention pond. Unfortunately, due to escalating construction prices, the owner paid significantly more for the Kings Row improvements than the lump sum fee. The loss of the park site also resulted in the owner paying park fees in lieu of land dedication for Phase 2, and park fees will also be assessed for the remaining phases. (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhoo& Loop 288 and S.H. 428 provide natural barriers from Beverly Park Estates for the properties to the north and west. A natural channel along the southwest property boundary provides a buffer to the existing residences. In addition, the owner saved as many trees as possible along the channel during the construction of Phase 2 in order to maintain the natural appearance of this buffer. Trees were also saved along the east property boundary to buffer the SF-10 lots in Beverly Park Estates from the SF- 10 and SF-7 property to the east. Furthermore, the detention pond provides a significant open space buffer for the residences south of Kings Row. (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; If the City's Development Code is adopted without an allowance for the land uses and density of the tract to be evaluated as a single project, the language of the Interim Ordinance does not suggest that the owner will be granted sufficient relief to economically provide a product for home buyers who are seeking a quality home with less yard maintenance within Beverly Park Estates. In addition, the partnership with the City to facilitate the detention pond construction represented a significant open space commitment by the owner for the entire tract. The owner sold the detention pond land to the City well below the market value of the property at the time of the transfer. (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; Mayor and City Council City of Denton February 11, 2000 Page 4 All the major infrastructure expenditures associated with this property occurred in conjunction with 'the first two phases. This infrastructure included the widening of.the section of Kings Row adjacent to Phase 1, the installation on a concrete pilot channel with Phase 2, installation of major storm sewer and box culvert facilities to serve all the upstream development with Phase 2, and the water and sanitary sewer improvements described previously. (g) any fees reasonably paid in connection with the proposed use; Fees have already been paid for the processing of a detailed plan for Beverly Park Estates Phase 3. In addition, all the required development fees have been paid for the first two phases of the project. (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The General Development Plan was submitted with the understanding that the detention pond would satisfy the open space requirements for the tract, and that the original P.D. land uses and densities would be permitted for the development. Please contact me if you have any questions regarding this submittal. Very truly yours, Bruce Grantham, P.E. Project Manager Attachments BG/gg J:\WPD OCS~PROJECTS~99-172'6%ichhar t .Itt ATTACHMENT 2 WAIVER REQUEST STAFF REPORT ISub|ect: Beverly Park Estates, PD-90 Staff: Larry Reichhart BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Residential Interim Regulations (Ordinance No. 2000-046) to proceed with a Detailed Plan application. East of Sherman Drive and South of Loop 288. (see Enclosure 1) PD-90 73+ acres The property is not platted. The subject site is located in a Community Mixed Use district and a Neighborhood Centers district (see Enclosure 3). The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Within Neighborhood Centers, new neighborhoods may develop in conventional patterns. Mixed-use and mixed housing types will also be allowed t° develop in a pattern of "neighborhood centers". Staff finds the proposed uses consistent with the intent of the Comprehensive Plan. PD-90 Concept Plan approved January 15, 1985, Ordinance No. 85-15. PD-90 Amended Site Plan approved June 18, 1985, Ordinance No. 85-119. Detailed Plan approved September 2, 1997, Ordinance No. 97-235 (See Enclosure 4) POTENTIAL AFFECT OF INTERIM REGULATIONS: This project would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to submit a Detailed Plan and start the review/approval process. If the relief request is not granted the application will be required to submit a zoning plan and a project plan as required by Ordinance No. 2000-046. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Ordinance No. 97-235 ENCLOSURE 1 Beverly Park Estates NORTH Regional $ LOCATION MAP Scale: None ENCLOSURE 2 Beverly Park Estates NORTH Regional SF-7(c) SF-10 I~ A ZONING MAP Scale: None lO ENCLOSURE 3 Beverly Park Estates NORTH LAND USE MAP ~'~. '~Neighborh~ Centers Scale: None 11. ENCLOSURE AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAH;ED PLAN FOR PLANNED DEVELOPMENT NO. 90 (PD-90) WITH RESPECT TO 56.639 ACRES, AS SHOWN IN THE ATTACHED DETAH.ED PLAN, THE SUBJECT PROPERTY BEING LOCATED ~l~.._ _TWEEN SHERMAN DRIVE AND KINGS ROW, APPROXIMAT~J.Y 1,500 FEET NORTHEAST OF THE SHERMAN DRIVE/KINGS ROW INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, GBW Engineers, on behalf of Bel Air Development LTD, has applied for approval of a detailed plan for 56.639 acres described in Exhibit A, and located within Planned Development No. 90 (PD-90), a planned development district established by Ordinance 85-15; and WHEREAS, on August 27, 1997, the Planning and Zoning Commission recommended approval of the requested detail plan; and WHEREAS, the City Council finds that this detailed 'plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 85-15 as it relates to Planned Development District No. 90 (PD-90), a planned development district comprising 129.245 acres ofland, is hereby amended with respect to 56.639 acres of land located therein, and more particularly described in the legal description attached hereto and incorporated herein as Exhibit A, by adopting a detail plan for said 56.639 acre parcel, such plan being attached hereto and incorporated herein as Exhibit B for all purposes. SECTION II. That the provisions of this ordinance, as they apply to the 56.639 acres described by Exhibit A, govern and control over any conflicting provisions of Ordinance No. 85-15, as it relates to the subject property, but all the provisions of said ordinance as it applies to the remainder of the planned development district not herein amended shall continue in force and effect and shall apply to the remainder of said district. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 85-15, showing the amendment herein approved. SECTION IV. 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. 12 ............ SECTION V. 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 oydinance 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 passagel 1997. day of_ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTy' CITY ATTORNEY PAGE ~-3- EXHIBIT B / /ISION GENERAL RETAIL 10.2 AC. / MULTIFAMILY MULTIFAMILY 6.8 AC. 6.2 AC. / EXISTING 30' s.o AC. DUPLEX. 4.5 AC. ZERO LOT LINE 11.6 AC., J. COL FLOODPLAIN - UNE (ZONE i ~. co Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 7th, 2000 Planning & Developmen~ment Dave Hill, 349-8314 SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for: a. 1508 N. Elm (Z-99-083) b. 1513 N. Locust (Z-99-084) c. RNW Addition (Z-00-003) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, is anticipated to be adopted by City Council on March 2na, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted, ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property fight or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City conceming the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property fight. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments. PRIOR ACTION/REVIEW Council has had one previous request for relief from Non-Residential Ordinance, heard on March 2, 2000. Kerestine property - approved with conditions. FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. 1508 N. Elm (Z-99-083) staff report 2. 1513 N. Locust (Z-99-084) staff report 3. RNW Addition (Z-00-003) staff report Respectfully submitted: Director of Planning & Development ATTACHMENT 1 WAIVER REQUEST, STAFF REPORT Sub|ect: 1504 - 1508 N. Elm Street Staff: Larry Reichhart Case Number: Z-99-083 BACKGROUND: Reque~: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to proceed with a Planned Development (PD) zoning application. 1504 - 1508 N. Elm Street. (see Enclosure 1) Office (O) (see Enclosure 2) 0.24 acres The property is 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 allow both office and residential uses on the site. Staff finds the use consistent with the intent of the Comprehensive Plan. The subject property was placed in Office (O) zoning district and land use classification in 1969 by Ordinance 69-01. Dr. Donovitz purchased the property recently and wants to utilize it for his single-family residence. A Planned Development (PD) is the only zoning classification that will allow for both office and residential uses on the same property. The Planning and Zoning Commission recommended approval on January 26, 2000 POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit a Zoning Plan to change the uses and a project plan to alter the site. Although the proposed uses are both residential and non- residential, only relief from the non-residential interim regulation is sought, as it is more restrictive. CONCLUSION: If the relief request is granted the applicant will be able to continue with the Planned Development (PD) Detailed Plan application, proceeding to City Council on March 21,2000. If the moratorium relief request is not granted the application will be required to submit a Zoning Plan and start a new review process. ENCLOSURES: 1. Location Map 2. Zoning Map ENCLOSURE 1 Z-99-083 (1504- 1508 N. Elm) NORTH COLLEGE 7V~'U LOCATION MAP Agenda Date: January 26, 2000 Scale: None ENCLOSURE 2 Z-99-083 (1504- 1508 N. Elm) NORTH ZONING MAP Agenda Date: January 26, 2000 Scale: None ATTACHMENT 2 WAIVER REQUEST STAFF REPORT Subiect: 1513 N.Locust Street Staff: Larry Reichhart Case Number: Z-99-084 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to proceed with a Planned Development (PD) zoning application. 1513 N. Locust. (see Enclosure 1) Office (O) (see Enclosure 2) 0.19 acres The property is 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 allow both office and residential uses on the site. Staff finds the use consistent with the intent of the Comprehensive Plan. The subject property was placed in Office (O) zoning district and land use classification in 1969 by Ordinance 69-01. Dr. Donovitz purchased the property recently and wants to utilize it for his single-family residence. A Planned Development (PD) is the only zoning classification that will allow for both office and residential uses on the same property. This application is scheduled for the Planning and Zoning Commission on March 8, 2000 POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit a Zoning Plan to change the uses and a project plan to alter the site. Although the proposed uses are both residential and non- residential, only relief from the non-residential interim regulation is sought, as it is more restrictive. e CONCLUSION: If the relief request is granted the applicant will be able to continue with the Planned Development (PD) Detailed Plan application, first, going to P&Z on March 8, 2000, and if recommended for approval, proceeding to City Council on March 21,2000. If the moratorium relief request is not granted the application will be required to submit a Zoning Plan and start a new review process. ENCLOSURES: 1. Location Map 2. Zoning Map ENCLOSURE 1 Z-99-084 (1513 Locust Street) NORTH COLLEGE TWU LOCATION MAP Scale: None ENCLOSURE 2 Z-99-084 (1513 Locust Street) NORTH TWU MF-2 ZONING MAP 11. Scale: None ATTACHMENT 3 WAIVER REQUEST STAFF REPORT Subject: RNW Addition Staff: Larry Reichhart Case Number: Z-00-003 BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to proceed with a zoning application. Southwest corner of Teasley Lane and Teasley Lane. (see Enclosure 1 ) Planned Development (PD-16) (see Enclosure 2) 8.3 acres The property is not platted. The subject site is located in the Existing Neighborhoods/Infill Compatibility district. New development in this district should respond to existing development with compatible land uses, patterns and design standards. Staff finds the use consistent with the intent of the Comprehensive Plan. This application is scheduled for the Planning and Zoning Commission on March 8, 2000 POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit Zoning and Project Plans. CONCLUSION: If the relief request is granted the applicant will be able to continue with the zoning application, first, going to P&Z on March 8, 2000, and if recommended for approval, proceeding to City Council on March 21,2000. If the moratorium relief request is not granted the application will be required to submit a Zoning Plan and start a new review process. ENCLOSURES: 1. Location Map Z. Zoning Map 12. ENCLOSURE 1 Z-00-003 (RNW Addition) NORTH SITE' VICINITY MAP 13. ENCLOSURE 2 Z-00-003 (RNW Addition) NORTH ZONING MAP AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET March 7, 2000 City Manager's Office Mike Jez, City Manager ADenda No. Agenda SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Lyrm Ebersole has resigned from the Human Services Advisory Committee. This is a nom']nation for Council Member Kristoferson. Chris King has resigned from the Traffic Safety Commission. This is a nomination for Council Member Kristoferson. 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. Tony Soto has resigned from the Denton Housing Authority. This is Mayor Miller's appointment. Sergio Shearer has resigned from the Conununity Development Advisory Committee. This is a nomination for Mayor Pro Tem Beasley. Michiko Hayhurst has resigned f~om the Library Board. This is a nomination for Council Member Burroughs. Larry Collister has resigned from the Zon'mg Board of Adjustment. This is a nomination for Council Member Durrance. If you require any further information, please let me know. fully s,ubmltted: cCity Secrefary 1gO- %q- -%°1 DISD SERVICE CTR Fax:940-382-9557 February 24, 2000 ANTONIO $OTO P.O. BOX 1649 D~nton, Texas 76202 TO: Chairman of th~ Board Denton Housing Authority Denton, Texas 76202 ' This is to in£o~m you that I can no Board as 'commissioner. Please accep ~,,!,,,ediatley. If there are any quest f~eI free .to call me at 940-321-7443 Feb 25 2000 8:51 P. 02 ~onger remain on the D.H.A : me resi§nation effective ~on~ that you ~y have please To: From: CC: Date: Re: Community Development Division Planning & Development Depadment 100 W. Oak, Suite 208' Denton, TX 76201 (940)349-7726' Fax (940)383-2445 MEMORAI Jennifer Walters Barbara Ross, Community Development Adminis Doug Powell, Director for Planning and Developr Febmary 9, 2000 Community Development Advisory Committee DUM ~nt~ - esignation Sergio Shearer, Community Development Advisory Committee eligible to participate in commiltee activities. Please inform Cie Representation bythe Hispanic community on the CDAC is ve develop a list of potential candidates. Thank you. Fair Housing * Homebuyer Assistance * Horr www.cityofdento~ ADA/ member has moved to Dallas and is no longer Council. important. If needed, staff would be happy to e Improvement * Emergency Repair ! ofl Subject: Resignation Date: Tue, 11 San 2000 10:56:19-0800 From: Michiko Y Hayhurst ~lickmlc~e.net~ To: O_POOLE(~VENUS.TWU. EDU Dear Eva, It is my great regret to inform you that I ~ library board as of today January 11, 2000. when I registered for Spring semester that ] evening during the week. Consequently, there It has been very challenging, educational, ~ working with you and the rest of your staff any inconvenience that I may cause due to m Although I am resigning, my heart still goe excellent library system in Denton. For tha help achieve your goals, please let me know. understanding and I will be writing a more Sincerely yours, Michiko Y. Hayhurst .ave to resign from the Yesterday, I discovered will be occupied every is a conflict. nd rewarding experince memebers. I apologize for early resignation. out to building the t, if I can do anything to I appreciate your ormal letter to you soon. 1/11/2000 4:45 PM BRIAN T. CARTWRIGHT JERRY COBB L~WRENCE C, COLLISTER ROBERT N. EAMES WILLIAM P. PHILIPS, JR. GEORGE HOPKINS OF COUNSEL PHILIPS, HOF EAMES~,~Cc ATTORNEYS A PROFESSIONAL CORPOI March 2, 200 HAND DELIVE The Honora e~Jack Miller Of cey e Mayor City of, Denton, Texas 215/E. McKinney St. ,~e'nton, Texas 76201 / RE: RESIGNATION FROM THE CITY OF I ADJUSTMENT KINS BB LAW ATION ED Dear Mayor Miller: As you are aware, I have been serving as a Zoning Board of Adjustment ("Board") for almost for the last four years. Until recently I have { community through my service on the Board. Rec forced me to reexamine whether I should continue changes and events include the expanded juris membership of the Board and the increasing pote: (even by the City Council itself who appointed therefore tendering my resignation as a member o Adjustment. This resignation is effective this date. Feel free to contact me further if you wish t ~ENTON (TEXAS) ZONING BOARD OF member of the City of Denton (Texas) six years and have chaired the Board ..njoyed the opportunity to serve my mt changes and events, however, have my membership on the Board. These tiction of the Board, the expanded ~tial of legal action against the Board the members of the Board). I am ,the Denton (Texas) Zoning Board of discuss my resignation. THE LAWYERS BU[LDING 525 NORTH LOCUST STREET P. O. BOX 2027 DENTON, TX 76202-2027 {940) 566-7010 OFFICE {940) 898-0502 FACSIMILE a t tot ney(qiglobal.ne t Et~ LCC/sw XC: Councilperson Roni Beasley, At-Large Councitperson Mark Burroughs, At-Large Councilperson Mike Cochran, District 3 Councilperson Neil Durrance, District 2 Councilperson Sandy Kristofferson, Distric~ Councilperson Carl Young, Councilperson, Mr. Michael Jez, City Manager ~/'r. Jennifer Walters, City Secretary Mr. Herb Prouty, City Attorney Mr. Dave Hill, Assistant City Manager - De Mr. Mike Trimble, City Editor, Denton Rec Mr. Chuck Carpenter, Denton Chamber of ( 4 District 1 velopment Services )rd Chronicle ;ommerce