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February 15, 2011 Agenda
AGENDA CITY OF DENTON CITY COUNCIL February 15, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 15, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for February 15, 2011. 3. Receive a report, hold a discussion, and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business Plan. 4. Receive a report, hold a discussion and give staff direction regarding the 35 Conferette Concerts. 5. Receive a report, hold a discussion, and give staff direction on the City of Denton's P.L.U.S. One program. Following the completion of the Work Session, the City Council will convene in a Closed Meeting 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 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. CLOSED MEETING 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072 and Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding an economic development prospect for a hotel and conference center to include discussion of the leasing of land and financing of such facility. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. City of Denton City Council Agenda February 15, 2011 Page 2 B. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues associated with real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the "Property") and actions of the City of Denton related to the value and sale of the Property. The duty of the City's attorneys to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. Also hold a discussion to deliberate the purchase, exchange, lease or value of the Property. A discussion of these matters in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with the third party. C. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues related to economic development incentives in which the duty of the attorney to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding economic development incentives and the discussion shall include commercial information the City Council has received from the candidate which the City Council seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations and to deliberate the offer of a financial or other incentive to such candidate. D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary constriction easement tracts for the Mayhill Road Widening and Improvements project, the limits of which generally being between the intersection of Mayhill Road and Interstate Highway 35 East and the intersection of Mayhill Road and U.S. Highway 380, affecting real property tracts in the M. Forrest Survey, Abstract No. 417, the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927, 950 and 1469, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, Texas. Consultation with the City of Denton City Council Agenda February 15, 2011 Page 3 City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. E. Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Consider and discuss an appointment to the Zoning Board of Adjustment and two alternate appointments to the Denton County Transportation Authority. F. Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding the status and potential settlement of pending litigation styled Delarosa, et al. v. City of Denton, Cause No. CV-2009-02751, currently pending in the County Court at Law 42, Denton County. G. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Sec. 551.086; and Consultation with Attorneys - Under Texas Government Code Sec. 551.071. Receive a presentation from Staff regarding present Denton Municipal Electric utility competitive and financial issues; and receive a briefing from and a consultation with the City's attorneys regarding proposed Texas legislation dealing with municipally-owned electric utilities; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal issues. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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 §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §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 §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda February 15, 2011 Page 4 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Denton Family Unity Week 2. Presentation by Carter Blood Care of Four Seasons Award 3. Presentation by Carter Blood Care of Top Performer Award 4. Presentation of Empowering Excellence Award 5. Severe Weather Awareness Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding City employees. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). 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 A - K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 14, 2011, and if a runoff election is required, on June 18, 2011, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date. City of Denton City Council Agenda February 15, 2011 Page 5 B. Consider the adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC and roof replacements for municipal facilities, and providing an effective date. C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the Purchase of Ready Mix Concrete, Cement and Bulk Lime products for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4647-Annual Contract for Ready Mix Concrete, Cement and Bulk Lime awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $250,000). D. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and National Wholesale Supply; providing for the expenditure of funds therefor; and providing an effective date (Bid 4592-Miscellaneous Water Material For Masch Branch Road Change Order Number Two in the amount of $2,048 for a total contract award of $102,047.66). E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of a Drainage Basin including a Wash Water Recycling Tank for the City of Denton Landfill Trick Wash; providing for the expenditure of funds therefor; and providing an effective date (Bid 4616- awarded to the lowest responsible bidder meeting specification, Caliber Constriction, Inc., in the amount of $445,724). The Public Utilities Board recommends approval (5-0). F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of an Ultraviolet Light Disinfection System at the City of Denton Waterworks Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4621-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, inc. in the amount of $102,550). G. Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraiser, Ride for Reid, to be held at the North Texas Fairgrounds on March 19, 2011. The exception is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 a.m. H. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing first and second alternates to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. L Consider adoption of an ordinance authorizing the City Manager or his designee to execute an Agreement to Purchase Real Property ("Agreement"), by and between the City of Denton, Texas and Denton County Transportation Authority City of Denton City Council Agenda February 15, 2011 Page 6 ("DCTA"), a Coordinated County Transportation Authority under Chapter 460 of the Texas Transportation Code, a contemplating (i) the sale and purchase of approximately 1.61 acres of real property in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas ("Real Property"), for public purposes, being located adjacent to the Dallas Area Rapid Transit Rail between Hickory Street and Prairie Street, and being a portion of the lands conveyed to the City of Denton by Union Pacific Railroad Company, by Deed recorded in Volume 4962, Page 02851, Real Property Records, Denton County, Texas; (ii) the execution and delivery of a Street Use License to Use Certain City Property for Rail Crossing Purposes related to DCTA's use of Sycamore Street in the vicinity of the Real Property; and (iii) the execution and delivery of an Assignment and Assumption Agreement, assigning that certain lease, dated on or about September 25, 2001, by and between Union Pacific Railroad Company and Trinity Industries, Inc.; authorizing the City Manager, or his designee, to execute and deliver any and all deeds, licenses, assignments and any other documents necessary to accomplish closing of the transactions contemplated by the Agreement; authorizing the expenditure of funds therefore; and providing an effective date. J. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. K. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance to allow exclusive use of City property for an event at Williams Trade Square and Hickory Street between Locust Street and Bell Avenue for the sale and consumption of alcohol on City property contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have increase in decibel level to 75 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Thursday, March 10, 2011, and concluding at 12:00 midnight on Sunday, March 13, 2011; and providing for an effective date. Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project" which was provided to event organizers on January 24, 2011. City of Denton City Council Agenda February 15, 2011 Page 7 B. Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (ZIO-0007, 1411 E. University Drive) The Planning and Zoning Commission recommends approval with an overlay district (3-2). DUE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF THE REQUEST, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. C. Consider nominations/appointments to the following boards and commissions: 1. Community Development Advisory Board 2. Human Services Advisory Committee 3. Public Art Committee 4. Traffic Safety Commission 5. Zoning Board of Adjustment 6. Downtown Denton Tax Increment Financing Reinvestment Zone Board 6. PUBLIC HEARINGS A. Hold a second public hearing to consider the involuntary annexation and service plan for approximately 1,595 acres of land contained in three (3) areas located within the City of Denton's Extraterritorial (ETJ) Jurisdiction, in accordance with Texas Local Government Code. The proposed annexation consists of three (3) distinct areas under multiple ownerships and of an approximate total of 1,595 acres. The 3 areas are identified and generally located as follows: 1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; 2. DH-9: 298 acres, located north of Pockris Page Road, north, south and northeast of Edwards Road; and 3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation with an overlay, on approximately 0.51 acres of land located on the south side of Fannin Street and west of Avenue A; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (ZIO-0013, Fannin Street Apartments) The Planning and Zoning Commission recommends approval with an overlay district (6-0). C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance 2005-081 to amend the signage plan and sign finishing requirements of the special sign district for Denton Towne Crossing City of Denton City Council Agenda February 15, 2011 Page 8 on a site located at 1715 South Loop 288, legally described as Denton Towne Crossing Addition, Block A, Lot 6, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (V)10-0001, Del Taco) The Planning and Zoning Commission recommends approval (6-0). D. Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, on approximately 0.26 acres of land located on the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (ZI0-0012, Janke Addition) The Planning and Zoning Commission recommends approval (4-0). 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2011 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: FebruaiN- 15, 2011 DEPARTMENT: Airport ACM: Jon Fortune SUBJECT Receive a report and public input, hold a discussion and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business plan. BACKGROUND On November 16, 2010, the City Council approved the Denton Airport Business Plan. The approved Airport Business Plan stresses financial self sufficiency for the Airport and specifically states that "The City of Denton should also consider modifying its airport governance structure to assist with vetting financial proposals for the Airport as well as provide policy input related to targeted marketing initiatives and development." During discussions of this document, the City Council requested that staff provide a recommendation on airport governance options. With these issues in mind, staff proposed the following on December 14, 2010: Staff Recommendation: The purpose of the staff proposal is to further enhance the value of the Airport as an economic engine for the community and heighten the City's commitment to the Airport. This objective will be accomplished by: ➢ Expanding the role of the Economic Development Partnership Board to review, consider, and make recommendations to the City Council regarding airport branding, marketing, and development incentive policies. ➢ Increasing EDPB membership by two members from seven (7) to nine (9). One of the new members will be required to have knowledge or experience in general aviation related matters and must reside or work within the city. The other new member will be a citizen of the city who in the discretion of the City Council has specific knowledge, skills, and abilities that can assist with any or all of the functions related to the EDPB. ➢ Transitioning from an Airport Advisory Board, as currently exists, to a City Council Airport Committee. The recommended course of action will effectively eliminate the current Airport Advisory Board stricture. ➢ Holding regularly scheduled meetings with interested stakeholders and Airport tenants to share information and solicit ideas, comments, or concerns, relative to the Airport operations or development. The intent of these meetings will be to increase access and public input into matters that involve airport operations. Agenda Information Sheet February 15, 2011 Page 2 ➢ Continuing to have the Airport Manager administer the day-to-day operations of the Denton Airport. The staff proposal is more completely described in the attached Agenda Information Sheet and PowerPoint Presentation that was discussed with the City Council on December 14, 2010 (See Exhibit 1). Since December 14th, the Airport Advisory Board (AAB) has met on January 5th and January 19th to discuss the governance options in more detail. In addition, on January 24th, a three member committee of the AAB met and drafted a letter to the City Council which provided additional options for consideration. The committee's letter is attached for review as Exhibit 2. In addition, Council Member Engelbrecht has suggested that staff consider formalizing the existing Airport Safety Committee. The Safety Committee is currently administered by staff, but the membership of the committee is not formally defined and the meetings occur on an irregular basis. While the purpose of the meetings is to discuss current operational and safety issues at the Airport, the charge of this committee is not officially defined in a written format. Typically, participants at the Safety Committee meetings include FBO representatives, Air Traffic Control management, the Airport Operations Coordinator, and pilots who are active at the Airport. In addition, FAA representatives and contractors at the Airport occasionally attend to discuss a wide range of issues that may be relevant. To provide assurance that Airport staff properly addresses safety concerns, Council Member Engelbrecht proposes that the committee membership, charge, and meeting schedules be formalized if the proposed governance stricture is changed. Staff is in agreement with this recommendation and will draft a proposal for the City Council to consider if directed to do so. 2 Agenda Information Sheet February 15, 2011 Page 3 RECOMMENDATION Staff recommends that the current duties of the Airport Advisory Board be reassigned to a new Council Airport Committee and the EDPB. As part of this approach, the ordinance establishing the Airport Advisory Board will also be rescinded. The recommended approach is graphically described below: Recommended Policy Gc)vertianee Airpc)rt Mgmt. Current Structure Structure Structure PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On November 16, 2010, the City Council approved the Denton Airport Business Plan. At this time, the City Council also asked staff to prepare a recommendation on airport governance options. On December 6, 2010, City management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options presented, but they did not provide a formal recommendation to the City Council. On December 7, 2010, City management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. On December 13, 2010, the AAB held a special called meeting to discuss their potential response and recommendation to the City Council concerning the governance options that were presented by staff. As a result of this discussion, the AAB developed a letter that was forwarded to the City Council on December 14, 2010. In this communication, the AAB recommended that the Agenda Information Sheet February 15, 2011 Page 4 City Council either 1) table the item until more discussion could take place or 2) increase the size of the Airport Advisory Board from seven (7) to nine (9) members with one additional member coming from the Economic Development Partnership Board and one member coming from the Chamber of Commerce. On December 14, 2010, staff made a presentation to the City Council on the airport governance options that were identified. The City Council elected to table the Airport governance discussion until the February 1, 2011, meeting since only four Council members were in attendance. On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that were presented by staff. On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance options. The focus of this meeting was to receive input and consider the views of the Airport tenants and stakeholders. On January 24, 2011, a three member committee of the AAB met to consider drafting a response to the City Council on governance options. EXHIBITS 1. December 14, 2010, Agenda Information Sheet and PowerPoint Presentation regarding Airport governance options. 2. January 26, 2011, Letter from Airport Advisory Board Committee regarding governance options. 3. PowerPoint Presentation Respectfully submitted: Bryan Langley Chief Financial Officer EXHIBIT ONE EXHIBIT ONE AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: Finance Ael ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Airport governance stricture as recommended in the adopted Denton Airport 2010 Business Plan. BACKGROUND In 2003, the City Council approved an Airport Master Plan that established a clear vision for the Airport. This plan became the basis for airport development and the creation of a business plan. The Master Plan included an outcome statement that defined the Airport as follows: ➢ First class aviation center that serves as the home for corporate aircraft from the North Texas region, as well as locally owned general aviation aircraft. ➢ Financially self-reliant. ➢ Major mid-continent refueling center. ➢ Land in vicinity of Airport is locally owned or controlled. ➢ Fully served by municipal infrastructure and utilities. ➢ Make the airport a major economic development benefit to the community. ➢ Established partnerships to include a nationally recognized aviation education institute. ➢ Public understands the value of the Airport to the Denton economy and future. As stated above, the 2003 Master Plan recommended that the Denton Airport become financially self-reliant and become a major economic development benefit to the community. With this goal in mind, the Council approved a Business Plan on November 16, 2010 to help the Airport achieve these objectives. The approved Airport Business Plan specifically states that "The City of Denton should also consider modifying its airport governance stricture to assist with vetting financial proposals for the Airport as well as provide policy input related to targeted marketing initiatives and development." Accordingly, the purpose of this work session item is to explore the governance stricture of the Airport and provide the City Council with a recommendation on which stricture provides the best foundation to achieve the above mentioned goals. The current Airport Advisory Board (AAB) is comprised of seven (7) board members that have been appointed by the City Council. The primary purpose of the board is to provide the City Council and City Manager with advice regarding lease agreements, development policy, and grant projects. Like other advisory boards in the City of Denton, the AAB is only advisory in nature, and as such, final decision making authority on any issue rests with the City Council. In Agenda Information Sheet December 14, 2010 Page 2 addition, since the AAB only provides advice regarding the issues described above, the Airport Manager is charged with managing all day-to-day operations at the Airport. In evaluating potential Airport governance options, the following central question should be addressed: ➢ Does the current AAB governance stricture best fit the goal of establishing the Airport as an economic engine for the community? If it is determined that the current stricture does not provide the best fit, what options are available to better meet the City's needs? With this question in mind, the following Airport governance options have been identified by staff for consideration. Option A: Redefine role and membership requirements of the AAB to clarify expectations. Under this scenario, the membership of the AAB could be altered or modified to increase the membership and diversity of the board. In addition, the mission of the board could be reevaluated to provide more focus on Council priorities. Option B: Transfer airport governance to another existing board or Council Committee. Under this scenario, the duties of the AAB could be reassigned to another existing board or committee. Option C: Status quo. Under this scenario, no changes to the AAB stricture would be implemented. Option D: Transfer branding, marketing, and development incentive activities to the Economic Development Partnership Board (EDPB) and create a new Council Committee to oversee all other activities for the Airport. This option is recommended by management, and is more fully explained below. Under the Option D scenario, the Economic Development Partnership Board (EDPB) would be tasked with the following: ➢ Review, consider, and make recommendations to the City Council concerning Airport branding and marketing efforts. ➢ Outline Airport development incentive policies and make recommendations to the City Council concerning any development incentives as assigned by the City Council or requested by the City Manager. ➢ Leverage common community goals and create a synergy between the development of the Airport and the development of the overall community. To accomplish the above tasks, the EDPB membership would be expanded by two members (from 7 to 9). One of the new members will be required to have knowledge or experience in general aviation related matters and must reside or work within the city. The other new member Agenda Information Sheet November 2, 2010 Page 3 will be a citizen of the city who in the discretion of the City Council has specific knowledge, skills, and abilities that can assist with any or all of the functions related to the EDPB. In addition, under Option D, a new City Council standing committee called the Airport Committee would be created. The purpose of the committee would be to review, consider, and make recommendations to the City Council regarding Airport operations as assigned by the City Council or requested by staff. The day-to-day operations would continue to be managed by the Airport Manager under this governance stricture. Finally, under Option D and as recommended in the 2010 Airport Business Plan, staff would create a standing meeting (at least quarterly) with existing stakeholders, clients, and tenants to discuss: ➢ Safety and security issues. ➢ Airport operations. ➢ Development activities. ➢ Special events. ➢ Any questions or other issues as appropriate. In summary, staff is recommending Option D, which proposes that the current AAB duties be reassigned to the EDPB and a new Council Airport Committee. In our view, this new governance stricture will enhance development opportunities in the community and at the Airport. The benefits of this new approach include: ➢ Expanded marketing efforts and enhanced collaboration with community development initiatives. ➢ Effective implementation of 2010 Business Plan. ➢ Enhanced stricture to provide the City Council with more direct contact on Airport Issues. While a number of options are presented above for consideration, staff would like to point out that we can successfully work with any of the governance models presented. RECOMMENDATION Staff recommends that Option D as defined above be implemented by the City Council. Under this scenario, the current duties of the Airport Advisory Board will be reassigned to the EDPB and a new Council Airport Committee. As part of this approach, the ordinance establishing the Airport Advisory Committee will also be rescinded. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City Management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options Agenda Information Sheet December 14, 2010 Page 4 presented, but they did not provide a formal recommendation to the City Council. The AAB called a special meeting on December 13, 2010, to discuss their potential response and recommendation to the City Council. On December 7, 2010, City Management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. EXHIBITS PowerPoint Presentation Respectfully submitted: Bryan Langley Chief Financial Officer m_N PM9 . . Airport Master P'--an wa • • s approved by the City Councll 1 2 o n 03, The Business Plan states• . I 4-j O O O v O bio Cld Cld Cld c~ O c~ a) V% O O 5 • O 4-j O ~ c~ r5 Cld bio Cld Cld O C) r~ rm ^O ~ i--I O i--I a) bj0 +j • O O ~ ~C) O 4 4-1 cn r~ 0 ~--1 4-1 ~ O •O ~ P-4 ~ O 4-j 4-1 ~ O O t4p:l 4-j O O O•~ O• 4-1 4-1 cn 0 O~ U O O bJ0 W a K 4-j O U O 4-1 ct 4-1 cn H 0 0 CIO U a~ 0 a a~ . . Economic Development P , artnership Board: EDBP would be tasked wi • th the following,* To accomplish the above tasks, the EDPB member sh• ~p oud be expanded by two members (from 7 to 9). 0 U O 0 PO qll~ ~--1 r~ r~ ~ O U ~--j O ~ ~p O 4-1 4-1 U 4~ 4-1 ~ O O 4-1 V O ~ 4-1 O ~ 4-1 4-1 4-1 c~ V O 4~ 4-1 4-1 O U 4-1 0 -9!!~ WSJ O ~ O ;z cn 4-j • r-~ 4-1 O 4-1 4-1 O 4-1 U ~ O O O ~ ,sue a) 4 y .Lo ~--1 4) rm 4-1 4-1 U 4-1 c~ Cl) 110 w_j r m 4) ~--1 O r~ r~l y~--1 WSJ bJ0 ~ U O ~ O ~ C-~ b0~0 ~I V ~I ~I a 4-1 EXHIBIT TWO EXHIBIT TWO MEMORANDUM TO: DENTON CITY COUNCIL FROM: AIRPORT ADVISORY BOARD SUBJECT: FUTURE OF AIRPORT AND GOVERNANCE OF THE BOARD - PART 2 DATE: 1/28/2011 CC: CITY MANAGEMENT, AIRPORT STAKEHOLDERS CURRENT STATUS The City Manager recently proposed a change in "governance" relating to the airport. The Staff proposal comes following the approval of the Business Plan and is meant to provide an opportunity to pursue the objectives outlined in the Business Plan. The Staff recommendation provided for dissolution of the existing Airport Advisory Board and merger of its functions to the Economic Development Partnership Board and to a new three-member sub-committee of the Council. The Council tabled action on the governance item until their February work session. Since the time of the original presentation, the AAB has held a public meeting and a committee meeting of the AAB, and hereby presents these recommendations to the City Council. Based on the public meetings and citizen input (Nebrig letter attached) the AAB has determined that the following are the most important considerations in governance of the airport: • AIRPORT KNOWLEDGE There was consensus from all parties on the need for specific airport knowledge and experience on any governance structure implemented. The airport, much like the utility is "special creature" and needs specific attention in aviation related areas. • ECONOMIC DEVELOPMENT There was consensus from all parties on the need for "more aggressive" economic development, branding and marketing. 0 BOARD MEMBERS There was input that restricting board membership to only "people in city limits of Denton" limited our choices and has in fact in the past deprived the board of valuable citizen involvement. • TENANT RETENTION There was input that economic development be thought of for existing tenants as well as attracting new folks. • ENTERPRISE BOARD There was input and discussion that this was an excellent opportunity to create a real Enterprise Board charged with maintaining the airport's self sufficiency into the future. Accordingly, the AAB recommends that the city take even more time to study this matter due to its importance and the significance that any change could have on the airport and the city. V%hile the AAB believes we have now considered all voices, it could be that there are other ideas that might be important to consider before enacting so sweeping a change (like research into how other airports manage themselves, regional cooperation opportunities or to get input on what the Council or Chamber is thinking.) In the alternative, if a decision were to be made today, based on all available information the AAB believes the following "governance option" is best suited for the Denton Airport and the city of Denton: CREATION OF NEWDENTON AIPORT ENTERPISE BOARD The Council could create and transition to a new Denton Airport Enterprise Board (the "DAEB"). This new board would still be an advisory board but would function much like the Public Utility Board (PUB.) All airport business would go through the DAEB and it would always seek financial self-sufficiency. There should still be some discussion as to how much authority to give this board but we are recommending a format similar to the PUB. As a new board all its members would have to be appointed. Existing members of the AAB would be eligible for appointment, but that would be up to the Council. All term limits would begin upon appointment to the new DAEB. SIZE OF BOARD: Board size could be increased from 7 to 9 with an additional member each from the Economic Development Partnership Board and the Chamber of Commerce. As an Enterprise Board it may also make sense to have a Council member "ex officio" to improve the lines of communication. BOARD MEMBERS: Board members would be nominated by the council under the same terms as the existing AAB (Terms similar in length to the PUB, one appointment per Council member) but we recommend a variance the appropriate city ordinance to allow no more than 2 of the seven qualified members from outside the city limits. (Initial appointments should be staggered so as to avoid all member terms ending at the same time. For example 2, two rear, 2 three rear and 3 four rear terms.) If the decision is to have 9 members their initial appointments should be staggered also. The two additional members would be chosen by the Chamber and EDPB, approved by Council. MISSION: Board will be directed to continue the existing advisory functions of the prior AAB and additionally seek to further the airports mission as stated in the Business Plan which "is to serve as an engine for economic development in the Denton area, providing operation safety-; outstanding service; and absolute security for private pilots and the aviation industry". Board would also be directed to further the self-sufficiency of the airport so as never again to require general funds. The new DAEB could form subcommittees to provide ideas to the City on such areas as economic development, marketing and branding, capital improvements, security, pollution control (air, noise, refuse), airport operations, tenant retention and relations, the Airshow, regional involvement and other important issues. It is ow- assumption that the City's economic development efforts, iii their current role, should already be actively involved ill the Airport, the proposed airport board would work in conjunction with them or anv other department or advisory board of the city, as opportunities arise. SU:NI:NLNRY The AAB believes the Staff recommendation to give all these airport related responsibilities to staff only significantly underestimates the character and nature of the airport and the amount of time necessary to govern such an important part of our city infrastructure. Further, after providing for public discussion and comments, the AAB does not believe the Staff recommendation will fully achieve all the goals of the airport as outlined by the citizens, your advisory board, and the Business Plan. Accordingly, we respectfully request that the Council not adopt the Staff recommendation. The AAB also respectfully requests that you either (i) form a special committee to study the matter further or (ii) adopt a Denton Airport Enterprise Board similar in theory to that discussed above. PROS - Builds on existing 40 year AAB history and knowledge - Builds on aviator backgrounds and knowledge of several board members - AAB support (past & present) - Provides a way to enhance economic development and marketing - Shows actual city support for Airport and does not combine with other Boards/Priorities - Support of majority of airport tenants - Helps insure FAA "revenue compliance" (Title 49 U.S. Code 47107(b), 47133) - Helps insure "Enterprise operation" GASB 34 compliance - Addition of community board members helps further branding and economic development - New board would pursue ways for economic self sufficiency for 10-20 year window - Would not place addition burdens and responsibilities on EDP Board or Council - Expanding board membership will allow for more opportunities MISSION AND ACCOMPLISHMENTS OF CURRENT STRUCTURE Chapt. 3, article I, section 2c. The board shall serve in an advisory capacity and shall advise the city council on all matters concerning or pertaining to the Denton Municipal Airport, and shall submit a budget recommendation to the city manager for the airport for his consideration in preparing the total city budget. (Code 1966, j 1-21()); Ord. No. 97 299, j I, 10- 7-97) The AAB, acting under the ordinance quoted above, rejoices in pointing out that in the last 40 years we have helped guide development and provide the following benefits to the City of Denton via the airport. We hope that with an Enterprise Board and additional assistance from the Economic Development Partnership Board we can do even better. The board as now constructed, working closely with city staff and council, has done nothing less than a spectacular job of developing the airport from a small airport with a 4000 foot runway and 6 buildings to one of 60 buildings plus tower and terminal building with a 7000 foot runway and an added parallel taxiway plus a tower and radar. We made creative use of resources and some economic incentives to do this Nvith no subsidies, no tax abatements, and no give-aways. 2. We've gone from a total dependence on the City's General Fund to collecting more money in fiscal 2009 from ground leases and fuel taxes than the city's expenditure. We are in the process, within 3 nears, of adding a second (parallel) runway 3000 ft. long, on the Nvest side of the main runway. 4. We Nvere designated Reliever Airport of the Year in Texas for 2009 by the Aviation Department of TXDOT. 5. We have added miles of paved taxiNvays. 6. More than quadrupled the paved ramp space. 7. Added perimeter fencing to increase security, not just from human intruders, but also from coyotes, stray dogs, deer, and other wild creatures in the area. Attracted substantial business to DTO, the top three of which do more than 100 million dollars worth of business per year to the airport, with off-airport businesses that add millions more to the economic benefit of Denton. Grown from selling a few thousand gallons of fuel per year to more than a million gallons a year. 10. Increased the work force on DTO from fewer than 10 to more than 400, with a total payroll of more than $14 million per year. 4 11. Increased the direct economic benefit to Denton from a few thousand dollars per year to more than 100 million dollars per year. If you consider the multiplier effect of business in Denton, the numbers get significantly larger. 12. Attracted businesses that located here because we have a good airport. Sa11v Beauty, United Copper, and Hulcher Emergency Services, Inc. are examples. 13. Attracted service businesses to DTO that do aircraft repair, major jet inspections, airframe repair, aircraft interiors and painting, avionics installation and repair, and other goods and services that make DTO a desirable place to own and base an airplane. We hare: 2 helicopter flight schools, 1 fixed N ing flight school 4 or 5 maintenance shops Verb- high-end paint shop Operations of 13-14,000 per month; more than 160,000/year. 2 avionics shops One maintenance and avionics shop that is open 18 hours/day and on weekends. Thank you for your time and for the opportunity to provide this advice. January 24, 2011 T : Denton City Council Members Airport Advisory Board Members Quentin Hix Mark Nelson FROM: Mike Nebrig SUBJECT: Denton Airport Advisory Board Nebrig Associates, Inc. '1801 joh, L>t 7aon' I am writing to express my concern regarding the proposed changes to the Denton Airport Advisory Board. I attended a presentation by City Staff on Wednesday, January 19t1-,, 2011, and while I agree with some points of the proposal, I remain unconvinced as to the necessity of others. I do agree that the Airport needs to be marketed and branded to its maximum potential, and if partnering with the Economic Development Partnership Board does this, then I support a change. I am less convinced as to the necessity to change from an Airport Advisory Board to a City Council Airport Committee for governance. The presentation by City staff on January 19th simply did not prove a compelling reason for a change. Nebrig & Associates has a vested interest in seeing continued success at our Airport. Since relocating to the Airport in 1997, we have constructed, and currently own and manage over 80,000 square feet of hangar and office area, comprised of thirty-six (36) individual t-hangars, and six (6) individual corporate hangars. In addition, we own and manage one of the three fuel farm facilities located on the Airport. EXHIBIT THREE w w ry m_ X w PTO ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . , . . _ . . . . . . 3~ . . ~ _ ~ g ffically states: " it of Denton should also consider modifying its airport governance The C y structure to assist with vetting fi •nancial proposals for the Airport as well as provide p d olicy input related to targeted marketing initiatives an development." During Business Plan Discussions, f-ie City Council . re uested f-iat staff provide a recommendatlon on q . airport governance optlons. ~ ~ ~ ~ ~ ~ ~ staff i zovernance gi - m -I r~ U U W n JO O N wl% M A~ U Q O ~--1 4-1 • O 4-1 ^O W U O W 4-1 bJ0 ~ 4-1 4-1 f r ~ ® t l C.j i 4-J ~q P CFJ ~ y -4 i . 4-j C4 0 v C) g.A 4-1 Ct 4-1 4-J O • r--1 O W CFJ 4-1 n 1~ O N •o ~ O O ~ W I ' U U ~ O b~0 , t J A x~ 9 iL r G < ~ r, ~ ~ ~ - 'lk ,~...w..:. = _ e~ On JanuarY 5, 2011, t Ze AAB Ze-d a meetln . ~ , g to discuss t ze Airport governance o t l o n s t h a p t were presented by staff. On January 1 2011 9~ , t 1e AAB `Ze-~Cl asnPpia- oa~-darl %.-/1 Ly uouncl- on governance options. N O N N O U ~ O N 4-1 4-1 O U U U U O O U 4-1 4) i 4-1 ct 0 O 1 4- 4) ~~jp bJ0 +-1 VV 40-4 ~ T \II +-1 4~ , P-4 N O cl) W 4-1 Cl) 4-1 ~ . E O U 4 ~ g r a~ p ~ a a b-4 1 4 _ ~ py~ P b r I CFJ a) bio P-4 4-J 1 u1 Ia9 t v 9 s~ 41 a cl~ ins 0 E- c,: a) r1-1 • ct ~--1 V ct NO s:~ 4-j O ct U v NO • ~ 4~ • v ~ s-' O O O A4 ~ a~ W a c~ ~ ~ 41 O bJ0 O 4~ O a) C) C NO v c~ F4 ~--1 V ~--1 ct O O ~ ~ O o o cn cn +-j 4-j 0 4-j ct ~--1 ~-1 4-j ct 4) ~ O V ~ ~ O a~ o o ~ O a~ O •O ct 0 0 I ct ~--1 4-j ct 4-j NO O c~ . O 4-JO Q ~ -~-j ~ O o 4-j 4-j a~ o 0 U ~ 1 4- W C~ V r~ 4 cr V 0 a 4-1~ 4-1 ~x AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding the 35 Conferette Concerts. BACKGROUND The fourth annual 35 Conferette (formerly known as NX35) is a four-day music conference featuring approximately 225 acts from around the United States. The Conferette takes place at eleven participating venues around the Downtown area. The concerts will be held on three stages: one located on East Hickory Street, one on Williams Trade Square parking lot, and one stage will provide free concerts on the County Courthouse lawn. The Williams Trade Square is City owned property located east of the Wells Fargo Bank building and currently serves as a bus transit location. Live performances begin at 4:00 p.m. and conclude at 10:00 p.m. on Thursday and Friday and from 2:00 p.m. until 10:00 p.m. on Saturday and Sunday. 35 Conferette is requesting an increase in sound from 70 decibels to 95 decibels and for amplified sound on Sunday. The 35 Conferette will feature nationally known bands as well as local talent. The Sunday headliner is Big Boi. Event organizers expect an audience of approximately 5,000 or more. Tickets will be available for purchase at the gate throughout the event. In 2010, NX35 requested an exception to the noise ordinance and it was approved for a level of 75 decibels at the North Texas Fairgrounds. Due to the anticipated large attendance during the headliner performance, the event was relocated to the North Texas Fairgrounds. No street closures or use of City property was requested. The Flaming Lips concert held at the Fairgrounds was free to the public. OPTIONS • City Council can deny any or all 35 Conferette requests • City Council can request to move the event to another location, such as the North Texas Fairgrounds • City Council can approve as requested, pending completion of all the "Schedule of Project" items. Agenda Information Sheet 35 Conferette February 15, 2011 Page 2 RECOMMENDATION Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project", which was provided to event organizers on January 24, 2011. It is recommended to approve a level of 75 decibels. This level would be consistent with the decibel level approved by City Council for the request by the Fry Street Fair held on Fry Street dated April 4, 2006. Staff also recommends that the event organizers be required to schedule acts on the main stage (Williams Trade Square) so that a 45 minute break in music occurs at 4:30 p.m. on Saturday and 3:00 p.m. on Sunday to minimize any noise conflict with two previously scheduled weddings in the sanctuary at First United Methodist Church at those times. ESTIMATED SCHEDULE OF PROJECT See Exhibit 2 PRIOR ACTION/REVIEW At the March 2, 2010, City Council meeting, a request for an increase of decibels was approved for up to 75 decibels for the concert held at the North Texas Fairgrounds. See Exhibit 3 for prior action by event organizers for the 2011 event. FISCAL INFORMATION Based on the current information, if the event organizers pay the police officers directly, the estimated total cost is $17,300.00 for 16 officers, one supervisor, and one lieutenant to handle the four-day event. If the officers are paid by the City at an overtime rate, the total cost is estimated at $25,300.00 for the four-day event. Based on the current information, the Fire Department estimates a total cost of $8,400.00 for five paramedics and two ambulances dedicated to the event for all four days. Agenda Information Sheet 35 Conferette February 15, 2011 Page 3 EXHIBITS 1. Ordinance 2. Schedule of Project 3. Prior Action 4. Letters of Request 5. Proposed Site Map 6. Proposed Traffic Control Map 7. Signatures for Street Closure Respectfully submitted: , M,W.-- M- wJ Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc ORDINANCE NO. AN ORDINANCE TO ALLOW EXCLUSIVE USE OF CITY PROPERTY FOR AN EVENT AT WILLIAMS TRADE SQUARE AND HICKORY STREET BETWEEN LOCUST STREET AND BELL AVENUE FOR THE SALE AND CONSUMPTION OF ALCOHOL ON CITY PROPERTY CONTINGENT ON A FULLY EXECUTED CONTRACT WITH AN APPROVED VENDOR; FOR AN EXCEPTION TO THE NOISE ORDINANCE TO HAVE INCREASE IN DECIBEL LEVEL TO 75 DECIBELS AND FOR AMPLIFIED SOUND ON SUNDAY; AND FOR THE STREET CLOSURES TO TRAFFIC BEGINNING AT 7:00 A.M. ON THURSDAY, MARCH 10, 2011, AND CONCLUDING AT 12:00 MIDNIGHT ON SUNDAY, MARCH 13, 2011; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of Williams Trade Square; and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages for at the 35 Conferette. Any sale and consumption of alcoholic beverages shall be subject to a fully executed contract with an approved vendor; and WHEREAS, by Ordinance No. 2009-062, the City Council amended the noise ordinance and exceptions were allowed as to sound levels and hours of operation when the public interest will be served thereby for outdoor music festivals; and WHEREAS, the 35 Conferette meets the definition of Outdoor Music Festival pursuant to Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the 35 Conferette has made application to the City Council for an exception to the provisions of Sections 17-20 of the Code regarding sound levels and time of use of amplified loudspeakers, in connection with the 35 Conferette annual event held at Williams Trade Square, Hickory Street, and the Courthouse lawn, and in connection with said request, has requested the exception to be granted for said annual event at said location for four days, March 10-13, 2011; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event, subject to the restrictions contained herein, would serve the public interest; and WHEREAS, Wallace Campbell, representing the 35 Conferette, is requesting that Hickory Street from Locust Street to Bell Avenue and surrounding streets within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 7:00 a.m. on Thursday, March 10, 2011, and opening at 12:00 midnight on Sunday, March 13, 2011, for the purpose of having the 35 Conferette; and WHEREAS, Wallace Campbell, representing the 35 Conferette, has assured the City that the tenants and property owners in this area have been contacted regarding the temporary closing of these streets; and WHEREAS, the 35 Conferette is open to the general public of the City and County of Denton; and Page 1 of 3 codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Hickory Street from Locust Street to Bell Avenue from the hours of 7:00 a.m. on Thursday, March 10, 2011, through 12:00 midnight on Sunday, March 13, 2011; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to §17-20 of the Code of Ordinances, the 35 Conferette is hereby granted an exception to Section 17-20 limitation, for a period of four days, upon the time periods and sound level for outdoor music festivals, subject to the conditions listed below: 1. This exception is granted only in connection with the operation of the -1 35 Conferette annual event at Williams Trade Square, Hickory Street and Courthouse lawn for four days between March 10 through March 13, 2011. 2. The 35 Conferette agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event. 3. The 35 Conferette agrees to cease exceeding the sound levels of Section 17-20 at 10:00 p.m. for each night beginning Thursday through Sunday, March 10 through March 13, 2011. 4. Under no circumstances shall the annual event permit sound levels exceed the requirements of Section 17-20 of the Code between the hours of 10:00 p.m. and 7:00 a.m. 5. The 35 Conferette shall discontinue amplified sound on the main stage for 45 minutes during the two weddings held at the First United Methodist Church; one on Saturday, March 12, 2011, at 4:30 p.m. and the second one on Sunday, March 13, 2011, at 3:00 P.M. 6. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compensation, for any reason at all, or for no reason. 7. This ordinance shall be strictly construed as an exception granted pursuant to § 17-20 of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. Page 2 of 3 codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc SECTION 2. A portion of Hickory Street from Locust Street to Bell Avenue, public streets within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic between the hours of 7:00 a.m. on Thursday, March 10 through 12:00 midnight on Sunday, March 13, 2011 for the purpose of having the 35 Conferette provided, however, that the following condition be met by the 35 Conferette: 1. The 35 Conferette will remove all trash and debris from the streets and the parking lot areas after the 3 5 C onferette. 2. The 35 Conferette will be responsible for all barricades and signage required during the street closures. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 of 3 EXHIBIT 2 Schedule of Project Schedule of Project provided to event organizers on January 24, 2011. The following items are pending as of 2/9/11 (due dates are in bold text): 1. Street Closure Request ➢ Signatures from residents to approve or oppose the street closures. 2/3/11 (A portion of signatures have been submitted but not all. Need traffic control plan before street closure can be approved and to determine what businesses and residents need to be contacted for their input). 2. Insurance - Required for events held on City property. Insurance will need to cover the consumption and sale of alcohol and show the City of Denton as Additional Insured. 2/14/11 3. *Tent/Canopy Permit - Required for any tents larger than 200 square feet and canopies larger than 400 square feet. 2/14/11 4. Paramedics/First Aid - Required for any large event. Number of paramedics to be determined once the final map is submitted and the Carnival and Fairs permit has been received. 5. *Security -Required for any event held on City property with alcohol involved. 2/25/11 6. Revised Event Map 2/7/11 (Revised map needed) ➢ Required for the Fire Department to determine the maximum crowd capacity for the fenced area. ➢ Required in order to determine the number of police officers and paramedics needed to provide for emergency response and location of command post. 7. One week prior to event, a map with the following information is needed: ➢ List of vendors and locations on the map - in the event of an emergency, the Fire and Police departments need to know the exact location of vendors and booths. ➢ List of vendor locations is needed for the Health Department to issue food permits to vendors. ➢ Location of dumpsters. ➢ Location and number of portable toilets. 8. Confirmation from the Denton County office that the use of County lawn has been approved. Request must be placed on the Commissioners' meeting agenda for approval. 2/14/11 Confirmation from the Denton County offices that the use of additional County parking areas has been approved. 2/14/11 Required by City Ordinance EXHIBIT 3 PRIOR ACTION/REVIEW DATE ACTION 12/17/10 Wallace Campbell, logistics coordinator with 35 Conferette, contacted the City's Community Events Coordinator, Janie McLeod, regarding the procedures and documents needed for a special event. 1/5/11 Event organizers met with city staff and discussed the plans for the event and the street closure on Hickory Street for the four day event. 1/6/11 Event organizers met with city staff who are involved with the event planning process and discussed the event locations, the need for a traffic control plan for the street closure, and a safety plan. 1/13/11 Event organizers met with the Downtown Task Force to discuss the proposed street closure and the plans for the event. 1/19/11 The traffic control map was received and submitted to the Fire, Police, and Streets departments for their review. The map did not address the side street access and could not be approved as submitted. Resubmitted map was received on 1/21/11 and is currently under review. 1/20/11 City staff met with the event organizers to discuss necessary steps and deadlines in order to process the required approvals. 1/27/11 Submitted: ➢ Location of fencing around event area ➢ Location of the stages Staff received confirmation from Wells Fargo Bank that the use of their parking lot has been approved. 2/3/11 Event organizers informed staff that Wells Fargo Bank requested Austin Street remain open. A Letter of Request was received for exclusive use of City property for an event held at Williams Trade Square; for the sale and consumption of alcohol on City property; for an exception to the Noise Ordinance to have increased decibel levels and for amplified sound on Sunday; and for the street closures. Carnival and Fair Permit was submitted and the fee paid. The Safety Plan and Contingency Plan were submitted for approval. 2/9/11 Confirmation from DCTA that bus service located at Williams Square can be redirected for the duration of the street closure. 2/14/11 (Verbal confirmation received from Mark Nelson on 2/9/11). Exhibit 4 COPlFERETTE The 35 Conferette LLC is requesting a variance for the sale of alcohol on City of Denton Property for the dates March 10-13, 2011. During this time alcohol sales will occur on Williams Trade Square and adjoining Hickory Street property. The sales of alcohol will be conducted by the Denton Animal Shelter Foundation. All persons selling alcohol are TABC certified. Proceeds from sales will go to the DASF which is a non-profit organization. Wallace Campbell Director of Operations 35 Conferette 940 231-8210 The 35 Conferette is requesting a noise variance for the dates March 10-13, 2011. The request is for an outdoor music festival being held on the Williams Trade Square and adjoining Hickory Street. The 35 Conferette is requesting the allowance of a noise level no louder than 95dbA between the hours of 4- 10pm Thursday and Friday and 2-10pm Saturday and Sunday. Walla a Director of O erations 35 Conferette 940 231-8210 Exhibit 5 Exhibit 6 I { iS PULI O r i t S is Ilassny in m L - II - Z 0 1 i w T, i5 uuel~ uu IS leuisnpui Exhibit 7 y tY_ 3 C O),P7 DRIN Street Closure Signature Sheet f y~~~``C, . - ASS j~ ALL property mwQrs and/or tenants afkted by the street closure 1-tl.?S t' be contacted- informed or the 1 proposed street closure. and indicate their favor or opposition by completing the signature sheet hk:i,n%. 11' additiwoul sheets ;m; needed, please photocopy this form. A map ol'streets to be closed is attached, 1)we: 11-311 ~A(/ Times: Ars~ ' -Name of l'roperty Address of Affected Signature of Property Favor / oppose Owned Tenant Property Owner/Tenant Street Closure Please use a different sheet iur each strcct requested to he c€ ed (es. Signatures liu• Street A on one page, Street B ,ignatures on ozic page, etc.) i. ~ 0 lal S. _ l UGc LY d-aUOlz 3. 0 4,fVZzti~5 _e 5f9~q~- I ! 11e... ~ -.?AL tr ~ auo-r~ c~~ 6. 7. -rav, _ d o - t PIE,- Fu lo.S-rbkF,UEF PAVRA-G1-1%J-F VVOP-'RC AIL-vT~~~~_ Signal nd,trarlie control plan nJOS' tohe submitted t l 14 dnys prior to event. evi d'~'69 Jam, t 2-ItA 11tcl~t~r S -Fovor ) ll I l-d ~t a~ 1~i C~ 2 ~ r`~i~G©L Aah"4~ T , ~eV 1~ PclCcZ/ f~L ~~vi ~t :r-1Z4~VA- w~l P~ 's I~~I f 31 l E, g1 clk"~ /QC'/1,"~ ` . « 6ibFE 11 ti. .b+'.`EJ`$4 ~C} ~Si ~ s~ f 1 f i a s u rb: r"~ l1 't"K.1s h ~<t ,t=~li,# lip t'Vl"III. AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Finance Al-L ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction on the City of Denton's P.L.U.S. One program. BACKGROUND During the November 16, 2011 City Council meeting, members of the Council approved revisions to the Code of Ordinances related to Denton Municipal Utility's credit and collection policies. During the work session preceding the vote, Council asked Customer Service staff to craft a strategy that would increase funding for the City of Denton's P.L.U.S. One (Prevent Loss of Utility Service) program. The P.L.U. S. One program is designed to provide qualifying customers facing a temporary financial crisis with the funds necessary to pay their past due utility bills. P.L.U. S. One is currently funded through customer donations, and annual contributions have averaged $15,745 over the past five fiscal years. After discussions with Interfaith Ministries, who administers the funds on the City's behalf, staff learned that the demand for funds by qualifying customers far exceeds the amount being donated. In 2009, Interfaith Ministries estimates that $56,834 in funding was requested by approximately 362 qualifying families. For 2010, an estimated $81,900 was requested by approximately 455 qualifying families. Denton Municipal Electric's Community Relations and Utilities Customer Service have attempted to bolster customer donations through several marketing initiatives. These efforts have included the distribution of program pamphlets at public events, postings on the City website, and billing inserts. In addition, Customer Service provides citizens with opportunities to submit a one-time or ongoing donation when remitting payments through the mail, in person, and over the phone. While a great deal of effort has gone into these campaigns, donations have not increased substantially. As a result, staff believes that additional steps are warranted to supplement the existing donations. To avoid future shortages in funding for those customers in need, staff recommends allocating $75,000 in 2011 to meet the previously mentioned demand. Future annual allocations may fluctuate based on customer need, and as a result, staff will reevaluate the allocation amount each year. The recent increase in late payment penalties from $10 to $20 will provide the additional revenue used in this allocation. In addition, $10,000 will be allocated to Interfaith Ministries each year for the ongoing cost of resources and capital necessary to handle the increased customer volume. Agenda Information Sheet February 15, 2011 Page 2 Staff would like to discuss the implementation of this strategy to enhance the effectiveness of the P.L.U.S. One program. If the City Council agrees with this plan of action, staff will provide a revised Ordinance and service agreement for Council to consider as a consent item during the March 1, 2011 meeting. RECOMMENDATION Staff recommends the approval of increased funding to the P.L.U. S. One program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The P.L.U. S. One program was initiated by Denton Municipal Electric and approved by the City Council in 1983. Interfaith Ministries partnered with the City of Denton to administer the program in 1998. On January 24, 2011, the Public Utilities Board recommended implementation of the proposed strategy and the allocation of late fee revenue to Interfaith Ministries to be administered through the P.L.U.S. One program. FISCAL INFORMATION Demand for charitable assistance toward utility invoices exceeded $56,834 in 2009 and $81,900 in 2010. $75,000 in Denton Municipal Utility late fee revenue will be allocated to Interfaith Ministries to administer through the P.L.U.S. One program. An additional $10,000 will be allocated to cover the operational costs of administering the additional funding. EXHIBITS 1. P.L.U.S. One PowerPoint Presentation Respectfully submitted: Bryan Langley Chief Financial Officer Prepared by: Ethan Cox Customer Service Manager r" C) U 4-J 0 e CI . 4 424 B efa 114 e~ I AIM% l 00 CIA 00 424 00 rd -d \0 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas on May 14, 2011, and, if a runoff election is required, on June 18, 2011, for the purpose of electing Council Members to Districts 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date. BACKGROUND Approval of this ordinance would formally call the May 14, 2011 City Council election. It also indicates that the City will be entering into an election agreement with the Denton County Elections Administrator to perform various election functions. Elections Administrator, Frank Phillips, has offered a "full service" joint election agreement to the jurisdictions within Denton County. Denton County would be responsible for conducting the May election similar to j oint election held last May and in past November elections. As noted in the Informal Staff Report to Council dated January 28, 2011, City of Denton voters will not notice any difference in polling locations on Election Day as the County will be using the City's standard Election Day locations at the MLK Recreation Center, North Branch Library, North Lakes Recreation Center and Denia Recreation Center. However, Early Voting will be conducted at the Carroll Administration Building on West Hickory and the Denton County Administrative Complex on Loop 288. There will be no early voting at City Hall. Early Voting and Election Day balloting will be all electronic. The deadline for notifying the County for inclusion in the joint agreement is February 22, 2011. A more detailed cost analysis will be available once the number of participating entities is known. Respectfully submitted: Jennifer Walters City Secretary 6documents and scttingsljkwalterllocal settingsltemporary intemet filedcontent.outtookl0n%v2dg0nlelection_calling_0514111.doc ORDNANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD N THE CITY OF DENTON, TEXAS, ON MAY 14, 2011 AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 18, 2011, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO DISTRICTS 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE N ACCORDANCE WITH AN AGREEMENT WITH THE ELECTION ADMINISTRATOR OF DENTON COUNTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. A municipal election is ordered to be held in the City of Denton, Texas on Saturday, May 14, 2011, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code"), for the purpose of electing council members to Districts 1, 2, 3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, June 18, 2011. SECTION 2. The election and early voting shall be conducted at the time and in the manner specified in and in accordance with an agreement between the Election Administrator of Denton County and the City of Denton. SECTION 3. The manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 4. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public, and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex. Gov't, Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PRESENTED, PASSED AND APPROVED on the day of , 2011 at a regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and nays at the regular meeting of the City Council of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR s:\legal\our documents\ordinances\11\election calling 051411doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: - AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Finance All ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility heating, ventilation, and air conditioning, and roof replacements for municipal facilities, and providing an effective date. BACKGROUND The FY 2010-11 Capital Improvement Program (CIP) Budget includes provisions for the maintenance of several City facilities, including libraries, fire stations, recreation centers, the Animal shelter, the Visual Arts Center, and City Hall East. A listing of proposed maintenance projects has been included for your reference (Attachment A), however, these projects may be adjusted if any unplanned or emergency facility repairs are needed. Due to necessary lead times associated with several of these projects, Facilities Management is requesting to initiate these projects prior to the sale of the Certificates of Obligation. The City of Denton's next CIP bond sale is scheduled to occur in April 2011. Expenditures for these projects will be made out of the unreserved fund balance of the General Fund, and with the approval of the attached Ordinance, these funds will be reimbursed once the Certificates of Obligation are sold. The total expenditure for these projects is $1,500,000. FISCAL INFORMATION This Ordinance will allow Certificates of Obligation to be issued to reimburse the General Fund in the amount of $1,500,000 for the costs of the facilities maintenance program. EXHIBITS Attachment A - Proposed Project Listing Ordinance Respectfully submitted: Bryan Langley Chief Financial Officer ATTACHMENT A FACILITIES MAINTENANCE PROGRAM COST ESTIMATES Facilities Building Square Footage Maintenance Item Estimated Cost City Hall East 66,012 Roof $ 1,000,000 MILK Recreation Center 20,000 HVAC 170,000 Animal Shelter 7,379 HVAC 15,000 Fire Station #4 4,500 HVAC 21,000 Fire Station #3 5,500 HVAC 15,000 Animal Shelter 10,256 Roof 5,000 Denia Recreation Center 17,433 Roof 4,000 South Branch Library 2,889 Roof 10,000 Visual Arts 18,000 HVAC 110,000 Visual Arts 18,000 HVAC 80,000 Denia Recreation Center 17,850 HVAC 30,000 North Lakes Recreation Center 17,580 HVAC 40,000 Total 205,3991 1 $ 1,500,000 SALegahOur DocumentsUrdinancesA EReimbursement-various facilities.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $1,500,000 FOR FUNDING FACILITY HEATING, VENTILATION, AND AIR CONDITIONING, AND ROOF REPLACEMENTS FOR MUNICIPAL FACILITIES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for maintenance of several City facilities, as approved in the FY 2010-2011 Capital Improvement Program Budget; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,500,000 for the purpose of paying the costs for maintenance of several City facilities, as approved in the FY 2010-11 Capital Improvement Program Budget. SECTION 2. All costs to be reimbursed pursuant hereto will be for the maintenance of several City facilities as authorized by Section 271.045(a)(1) of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance of the General Fund for the maintenance of several City facilities shall be reimbursed from Certificates of Obligation bond proceeds within the 2010-2011 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. S:\Legal\Our Documents\0rdinances\11\Reimbursement-various facilities.doc PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tony Puente 349-7283 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Ready Mix Concrete, Cement and Bulk lime products for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4647-Annual Contract for Ready Mix Concrete, Cement and Bulk Lime awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $250,000). BID INFORMATION This bid is for the annual supply of ready mix concrete, cement, and bulk lime products utilized by various City departments in the maintenance and new constriction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. RECOMMENDATION Award to the lowest responsible bidder for individual items and for a group of like items in the estimated annual amount of $250,000. Item 4 Vendor I', Custom Crete Exhibit A 2 Ash Grove Cement Exhibit A 4-14 Lattimore Materials Exhibit A 16 Redi-Mix Concrete Exhibit A No bids were received for Item 15; therefore, no award will be made. PRINCIPAL PLACE OF BUSINESS Ash Grove Cement Midlothian, TX Custom Crete Dallas, TX Redi-Mix Euless, TX Lattimore Materials Addison, TX Agenda Information Sheet February 15, 2011 Page 2 ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for four additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. Pricing may adjust for each renewal based upon a published third party index. The prices may not increase or decrease more than eight percent. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using department. Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance Attachment 1: Bid Tabulation I -.CIS-Bid 4647 U O QI ~i a~ ~I ,Uy i..l O U . rl rl CC r 0 FFF III N r c0. CC ice. C O FBI A ~c z ~ O Z O Z o Z c ~ A N O Z O Z O Z O Z O Z O Z o Z a~ ~ z z z z z z z z z a h 0 -o -o -o °o ~ -o -o -o -o O O o A Q z z z ~ N z z z z p A ~ ~ ~ h ~ oc -o ~ -o ~ °o -o ~ c o ~ o o o °O N O o o 0 ° o~ A z ~ ~ ° ~ a 0.1 O 0.1 O 0.1 O 0.1 O 0.1 O 0.1 o °J ~ Z pa o o v, ten o w ~ z z z z z z o z °n ` A 0.1 ~ 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0 0 0 z ~ s0. O O O O O O O O O ~ ~ ~ w ~ z z z z z z z z z a U ct oo boo 4; 4; ~ o 45 A ~ N x a b y ,.O .r p ~ O U cOd U W a U U U U U y O ~ O O ~ U CC U W O U, ~ O W O U W O U, ~ ~ U ,.O ~ y~ U ,.O U ,.O a H V] U U U U O s. ~ s• E'~ O ~ Yj U °o b b °o b o b b Z o b ~ w Z O 5 5 0 0 ~ ~ W ~ W A W ~ P- U H a --i ~ ~ N N O M M ~ M ~ Vl \O U O I~ U t.' O YE ~ CC O N 40. e,C C o M A ~c W o O z O z O z O z O z O z O z O z O z O z O z O z O z o z ~ ~ ~ 0 0 0 0 0 A 0 0 0 0 0 O U F" ° °o O °o °o °o O o -o -o -o -o -o -o Z O O ~ O ~ O ~ ~ M ~ O O O O O O ~ y ~ A 'A ~ 'A ~ ~ ~ ~ ~ z z z z z z ^ O 0 Q ~ y F O p O O O O 'O_ 'O_ 'O_ C A ~ V ~ O p O O ~ z ~ z O O ~ ~ ~ pp '-I a~ w ~n ~n ~n z z z A 0.1 ~ 0 0 0 0 0 O 0 0 Z ~ sU" ~ ~ ~ W ~ O M ~3 O H3 W ~ U ~ Yj FA FA FA FA ~3 z z z z z z O U Cs~ U U U U x W Q d E~ E~ °o z z z z z z z z ~ z z ~ 0 W ~zH o ~ wza ~ 0 0 0 ~ N CA a bA 0 0 d U t ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE, CEMENT AND BULK LIME PRODUCTS FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4647-ANNUAL CONTRACT FOR READY MIX CONCRETE, CEMENT AND BULK LIME AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM AS SHOWN ON EXHIBIT A IN THE ANNUAL ESTIMATED AMOUNT OF $250,000). 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 therefor; 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 1. 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 4647 1 3 Custom Crete Exhibit A 4647 2 Ash Grove Cement Exhibit A 4647 4-14 Lattimore Materials Exhibit A 4647 16 Redi-Mix Concrete Exhibit A SECTION 2. 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 pur- chase 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 3 . Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-BID 4647 EXHIBIT A BID #4647 DATE: January 27, 2011 Annual Contract for Ready Mix Concrete, Cement & Lime Products EST. COD ITEM ANNUAL STOCIi# I?OI\I DESCRIPTION VENDOR VENDOR VENDOR VENDOR QTY. Redi-Mix Old Castle dba Lattunore Ash Grove Concrete Custom Crete Materials Cement Principle Place of Business: Eriless, Tl Dallas, Tl Addison, Tl Midlotlnan, Tl PORTLAND CEMENT Portland Cement per sack Ibs. 1 70 750-21-000 Sacks Delivered to CitS of Denton $13.00 Warehouse in tnickload quantities. _ 300 N.A Tons TS pe I btilk cement delivered to job $108.03 site 2a Estunated delivers after receipt of order 2 Days READY MIX CONCRETE 80 lbs. Premixed Sack Concrete 3 1250 750-70-000 Sacks Delivered to CitS of Denton $7.00 Warehouse in tnickload quantities. 3a Estunated delivers- after receipt of order 1 Day 3b Lb rumun Order Quantity if applicable 100 Pallet Fee if applicable $ 3c CM intends to exchange pallets. $50.00 Cubic 4 3000 N A 5 Sack Mix delivered to job site $70.00 Yard Cubic 5 5000 N A 1.5 Sack Mix delivered to job site 555.00 Yard Cubic Cu 6 3000 N A 1 Sack Llix delivered to job site SSS.UU Yard Cubic 7 1000 NSA , Sack Llix delivered to job site S55.00 Yard Cubic 3000 PSI 4 5 WRA delivered to job 3 10 N A $68.00 Yard site Cubic 9 10 N A 3000 PSI with Fh Ash 200 o Max $68.00 Yard Cubic Six sack concrete reach mix mixture, 10 10 N.-A $74.00 Yard tested 23dm 4000psi 11 N. A HR Tnick Tune if applicable $ $0.00 Small Load Charge if applicable 12 N. A EA 575.00 13 N. A SK Sack Adjustment $ per sack $4.00 Enviromnental Fee per load if 14 150 N. A LDS applicable $ 55.00 See Mininuun Load Requifenients on Specifications Page L11\ 1E Full: TSpe A Shunt Lime $148.00 Lb rumun Tnick Deliven- _ 16 300 N.A Tons Tons 8 LlaxinnunTnickDeliven-= 11 Tons *Prices shall be bid F.O.B. Denton * *In case of calculation error, unit pricing shall prevail. AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 Questions concerning this Acquisition may be directed DEPARTMENT: Materials Management to Frank G. Payne, P.E. at 349-8946. ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Two to the contract between the City of Denton and National Wholesale Supply; providing for the expenditure of funds therefor; and providing an effective date (Bid 4592- Miscellaneous Water Material For Masch Branch Road Change Order Number Two in the amount of $2,048 for a total contract award of $102,047.66). BID INFORMATION The Masch Branch Water Line project consists of approximately 2,100 linear feet of sixteen inch (16-in) water line paralleling Masch Branch Road from Jim Christal to the Denton Municipal Airport. See Exhibit 1. The City Water Utility constriction crews are currently constricting a twelve inch water line from University Drive to Jim Christal Road which will tie into the sixteen inch water line. The new sixteen inch water line will connect to the water line installed as part of the Airport expansion. The water line is a major component to the City's distribution system and will fill a gap in the system along Masch Branch Road. Bids for the sixteen inch materials for the project were received on October 26, 2010. Eight bids were received ranging from a low base bid of $87,33737 to a high base bid of $119,489.90. The three apparent low bidders did not meet specifications and withdrew their bids. The lowest bidder meeting specification was HD Supply for $97,080.20. The Local Government Code (Section 271.9051) allows a city to award to local bidders if their bid is within five percent of the lowest bid. The local bidder's principle place of business must be within the city and offer the best combination of contract price and additional economic development opportunities to the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenue to the municipality. National Wholesale submitted a request for consideration of the local preference. National Wholesale provided documentation stating their inventory value is approximately $800,000 with monthly sales of approximately $250,000. They employ four full time employees and three part time employees. Four of their employees are residents of Denton. National Wholesale's bid was $99,863.40, and within five percent of the lowest responsible bidder HD Supply. The additional cost to the City to award to the local vendor was $2,783.20. Agenda Information Sheet February 15, 2011 Page 2 BID INFORMATION (CONTINUED) Since the bid amount was under $100,000, the bid was approved by the City Manager on December 16, 2010. A small dollar Change Order One in the amount of $136.26 was issued on December 29, 2010 to purchase pipe in standard lengths. The original bid document also did not include the correct size of 45 degree bends (Line Item 15) for the project. The pipe was delivered but then returned for a credit of $312. National Wholesale then provided a quote for the correct size 16" 45 degree bends in the amount of $2,360. The dollar amount for Change Order Number Two reflects the price quote from National Wholesale for the correct pipe minus the $312 for the returned pipe. The original bid tabulation is enclosed as Exhibit 2 and the quotation as Exhibit 3. RECOMMENDATION Staff recommends approval of Change Order Number Two in the amount of $2,048 for a total contract award of $102,047.66. PRINCIPAL PLACE OF BUSINESS National Wholesale Supply Denton, Texas ESTIMATED SCHEDULE OF PROJECT Constriction of the sixteen inch water line has begun and will continue when the materials are available which is estimated to be two days from date of approval of bid. The project should be completed by winter of 2011. FISCAL INFORMATION The Change Order will be funded from account# 630247517.1360.40100. Purchase Order 151893 will be revised to include the additional amount. EXHIBITS Exhibit 1: Project Map Exhibit 2: Bid Tabulation Exhibit 3: Quotation for 16" MJ 45 Degree Bends Agenda Information Sheet February 15, 2011 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 4592 Change Order Two Exhibit 1 MASCH BRANCH WATER LINE INSTALLATION 12" Water Line Installation from South of 380 to Jim Christal Road 16" Water Line Installation from Jim Christal Road to the Denton Municipal Airport N 72 L X W ~I V V 0 rl .0 4 0 ~ N ~ N ~ M A o ~ o ~ O 0 0 °o °o °o °o O ~ 0 0 x o 0 O o o ~ ~ o ~ p ~ ~ M ~ Ff3 Ff3 ~ ~ ti ti ~3 Ff3 ~ Ff3 ~ ~ ff3 ff3 Ff3 Ff3 Ff3 w ~ ~ d d d d d d d d d d d d d d d O 01 C1 ~n l~ O co O -t v N N ~ ~ ff3 ~ ff3 ~ Ff3 Ff3 N Ff3 M Ff3 ~ Ff3 M Ff3 ~ Ff3 Ff3 M Ff3 Ff3 Ff3 ~ U ' .U. 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U ~ ~r P-i U P" w w COO COO ~O CJ a on U U a Z". o bA yC ti yC ti p ° U bA N bA U 00 U yC Q 0 "C N _ O O O C~ Q 7t F". ti U ~ y3 ti CO ti lp ti N N W ~ w w w w w w w w w w w w w w w ~ o V 9 N M v'~ Ap l~ c0 C, a N 72 L X W A/ V M~ M V C~ 0 ~ rl 40. 0 ~ N ~ N ~ kn C~ A O ~ O O ~ E-~ ~ N N N ~ U Ff3 O ca O U ~ ~ N O O p N 00 N N N r3 ~ Ff3 Q N Q O U x ~ U ~ N N O ~ ~p ~ N N N ~ C C/1 rl U ct ~ a U O U ~ ~i O ~ ~C ~ O N N N N M ~ tip ~ N U U d _ c w U ' O v ~ y ca COO C Ln O W S. A 00 O •'0 ~ ~ W o a c ~1 N 0 0 a cz -Z~ mo 10 cz a C7 d o d ~ NATIONAL WHOLESALE SUPPLY 1900 S Bonnie Brae Denton, TX 76207 940-383-8200 Fax 940-383-4716 QUOTF TO; CITY OF DENTON ATTN: ACCOUNTS 13AYABI.1= 215 E MC KINNEY DENTON, TX 76201 Exhibit 3 SHIP TO; {quotation !eh[R+11J1'31'J,.,'' Ef''r#~,1V'Ft!G ..WIYICfT1^'i`~ 0310312011 51129609 I&TIONALWNflLE ALE SUPPLY 1940 S t}onnte Arse Donton, TX 76x07 040.363.3M. Rx NO-363 4745 0 CITY OF DENTON MASCH BRANCH/JIM CHRISTAL RD DENTON TX DENTON, TX 76209 llFF yy11 {4rr''I{{I~ ttII~~~~II yypp~ 1[I~(I II}}I I~~I'']]r IVaI~fYllll~l!JLI I ff'''~~ `ryry`''''`~pI'I'{{,ii~~~1^I 34y4y~~SS//LL~~~P'{~}~~{{LI•.•[[~I~~~I I ~ I P r I X I ! EI•I~iIV{~SJIYI'rV~~L11~YIW~I:'I~ ! # o 'a r "•-••;$I. ~`A~~I'~~rlt5t~~!'~~' 3498 MICHAEL BULLARD I: I- i`- ''I.; „~-_,;t,.. VVAl L'R' i r! 4 ~ 1' I ~„"',+,,q,i..f~•,~,,,~rl,~~ .h 7 ry ~-'1.1; a~' ;~F ~#.r,;~~~.,lF i' ;1:1,_. - _ ~r- lair .I. F MICHAEL BULLARD PICK UP NET 10TH PROX 01/1712011 No a~.i3 - •~p. .•i!;i # '`f,a. tE'I, :i~i:=r;l ~,r .,.,.Hj , : ;r,;,e ~.r p."'I' ~P~=°~#"- I~ I~1'3`h'=. f '~u3-':: IF~'du~. ~.~~1 ~t~~:u,-f I r,., 9~1 ` I'3tv~:=,!kjt•_:~i~fl~r,'~";;.I~.'E„~I r~ .'k,. ..N Irl 'sf I. n . -I .I.~r ~:I~~~~-t;-+i: pha l: ,l .'r ~~f r~1.LVI11~Rlylha~, -a 1. ~-I~;?'rt5?t°: l,~[y~''~','Iil. `_~1 I•.IF r. tea 16MJ45C1 'I OD 16" MJ 45 C 110 DOM 1180,000iea 2360,00 Subtotal S&H Charges 2360,00 0,00 Amount Due 2360,00 Printod By. DFOMAT Qn 1117=11 10:20:69 AA1 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND NATIONAL WHOLESALE SUPPLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4592- MISCELLANEOUS WATER MATERIAL FOR MASCH BRANCH ROAD CHANGE ORDER NUMBER TWO IN THE AMOUNT OF $2,048 FOR A TOTAL CONTRACT AWARD OF $102,047.66. WHEREAS, on December 16, 2010, the City Manager awarded Bid 4592 to National Wholesale Supply, in the amount of $99,863.40 for the Miscellaneous Water Material for Masch Branch Road; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend the contract with respect to the required materials and an increase in the payment amount, and said change order fees under the proposed award amount are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Two, increasing the amount of the purchase order between the City and National Wholesale Supply, which is on file in the office of the Purchasing Agent, in the amount of Two Thousand Forty Eight and 0/100 ($2,048) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $102,047.66. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY h BY: 5-()RD-Bid 492 Change Order One AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349-4044. AI-L ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of a Drainage Basin including a Wash Water Recycling Tank for the City of Denton Landfill Trick Wash; providing for the expenditure of funds therefor; and providing an effective date (Bid 4616-awarded to the lowest responsible bidder meeting specification, Caliber Constriction, Inc., in the amount of $445,724). (The Public Utilities Board approved this item by a vote of 5-0). BID INFORMATION The City of Denton recently completed constriction of a fueling and vehicle wash facility which provides service to all City owned vehicles and other local government entities such as Denton County Transportation Authority. The new Renewable Fuels Station/wash facility is located at the intersection of Spencer and South Mayhill roads. The project, as approved by City Council last year, proposed that the waste water from this operation be used in the planned Enhanced Leachate Recirculation process at the Landfill rather than being discharged into the sanitary sewer for treatment at the Wastewater Treatment Plan. This project will constrict the water recycling stricture, a storm water detention pond and other associated infrastructure work as planned. Seven bids for this project were received. The lowest responsible bidder is a Denton constriction firm, Caliber Constriction, Inc. (Caliber recently constricted the Landfill's wheel wash facility). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was approved by the Public Utilities Board on January 24, 2011. RECOMMENDATION Award to Caliber Constriction, Inc. in the amount of $445,724. PRINCIPAL PLACE OF BUSINESS Caliber Constriction, Inc. Denton, TX Agenda Information Sheet February 15, 2011 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 90 days of issuance of the purchase order. FISCAL INFORMATION Funding for this item is budgeted in operating account number 660544592.1360.40100. Requisition 4 101849 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Draft Public Utility Board Minutes Respectfully submitted: 1 Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-Bid 4616 r t X W ~I 0 N y A ~ ~ ~C O C~j O C/1 C/1 C/1 r Q 609, O C~ U C~j O N ~ r A ~ C~j Q 609, O C~ i.. o 0 I/ O U 609, U O bA O O ~ Q C 1 r r ~ N ~ 609, O Q C~ ~ O x ~ H s: r bA 00 ~ O C~j ~ 609, C~ C~j U a ~ O O O ~ ~ O ~ C/1 C/1 C/1 C/5 O U C~j 1 I/ O a 609, ~ ~ C~ ~ Vl Vl Vl o U A Z ~ o Exhibit 2 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 DRAFT MINUTES PUBLIC UTILITIES BOARD January 24, 2011 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, January 24, 2011 at 9:04 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Vice Chair Bill Cheek (departed at 10:45), Bill Grubbs, Phil Gallivan, and Barbara Russell Ex Officio Member: George Campbell, City Manager Howard Martin, ACM Utilities Absent: John Baines excused, Randy Robinson ITEMS FOR INDIVIDUAL CONSIDERATION: 3) Consider a recommendation of approval of a Constriction Services Agreement by and between the City of Denton, Texas and Caliber Constriction, Incorporated of Denton, Texas for Caliber Constriction to provide constriction services for the installation of the trick wash water recycling, underground infrastructure site improvements, and storm water management facilities at the City of Denton landfill, in an amount not-to-exceed $445,724. Item 44 was pulled by Board Member Russell. Russell asked if this item was what was approved earlier and now it is the contracts for building phase 2. Vance Kemler, General Manager Solid Waste, stated that was correct, this is the 2" d phase that handles all the water that comes out of the trick and car wash operation. This is just the next phase Board Member Russell moved to approve item 4 with a second from Board Member Gallivan. The motion was approved by a 5-0 vote. Adjournment was at 11:04 a.m. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF A DRAINAGE BASIN INCLUDING A WASH WATER RECYCLING TANK FOR THE CITY OF DENTON LANDFILL TRUCK WASH; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4616-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CALIBER CONSTRUCTION, INC., IN THE AMOUNT OF $445,724). WHEREAS, the City has solicited, received and tabulated competitive bids for the constriction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the constriction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the constriction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4616 Caliber Constriction, Inc. $445,724 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for constriction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the constriction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-Bid 4616 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel at 349-7460. AI-L ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of an Ultraviolet Light Disinfection System at the City of Denton Waterworks Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4621-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $102,550). BID INFORMATION This bid is for the installation of three Ultraviolet Light Systems for the River Ride Pool, Children's Pool and Receiving Slide at the City of Denton Waterworks Park. The supplemental system uses ultraviolet light to disinfect the water while also destroying build ups of other contaminants in the pool water that are responsible for chlorine smell and eye irritation. This equipment will also kill pathogens in the water thereby reducing recreational water illnesses. The equipment that is to be installed meets Texas Department of Health Code Title 25, Part 1, Chapter 265, Subchapter M. RECOMMENDATION Award to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $102,550. PRINCIPAL PLACE OF BUSINESS Sunbelt Pools, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Installation of the equipment is estimated to begin 30 days after bid award. The entire project is estimated to be completed by May 1, 2011. Agenda Information Sheet February 15, 2011 Page 2 FISCAL INFORMATION Funding for this item is budgeted in account number 400117456.1360.40100 in the amount of $100,000 and account number 207002.6518 in the amount of $2,550. Requisition 4 101838 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I -.CIS-Bid 4621 r 72 L X W N A FBI W ICI W O U W ~ w N ~ M A ~ O C ~ CC h w A O ~ " N ¢ N ¢ N ¢ O O M . 6' U O O O O O\ , M 0 O CD O 't O~ , M O D M , M O O O U M iE. O 11 oc CD ~~11 00 M Q Ff3 r3 CD Ff3 u r3 CD Eo~ a CD 3 CD CD CD W CD CD u N N N C~ M M CD M U C-A O CD CD ID A 6' U z O N M ¢ O 0 O ¢ O N O ~ O O U~D 00 - N O , 0 N O , M O ~ Q N ct Q w W o w W o w o o v ° 00 00 W 00 U M O O ~ N O H O O N ~ ~ O O O N O N ' A F~ N C. C. w A P r~ P~ zo . W M A en O O W C O O 0 y. Fy 60 60 Fy FA A P. F~ H W 0 ~ Qe ' a N O O Q oc O N O U CD O Q P-i O O M O e a. r~ O O cC s~ O O oc cC CD O O cz C O W N O WO O DD N 00 ~ Q O ~ ti Ff3 c U M N r9o3 F DD N W 00 O P-i N I 00 I O O I 'C ~ O ~ a O U - U ~ Q C O O ~ O O O ct - ot ~ U l ct n w Ln Ln o L y . y y . 0 ca ca o o o d N U N U N U a 4 ~ O O O O O O O O r 72 L X W rl N A FBI rl r~ N M C h W A U i y c C U ~ ✓ti vi cC H A ccz c CZ Q U ~ O 0 a n c I~ W O N ~ O W O O A ~ ~ o Q a. ~ rJ T--I N O A ~ O ca 41.. b~A U 0 Q O w 'C ci 4". 0 U U O U ca U ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF A AN ULTRAVIOLET LIGHT DISINFECTION SYSTEM AT THE CITY OF DENTON WATERWORKS PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4621-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, SUNBELT POOLS, INC. IN THE AMOUNT OF $102,550). 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 1. 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 NUMBER VENDOR AMOUNT 4621 Sunbelt Pools $102,550 SECTION 2. 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 pur- chase 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 3. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY h BY: 3-ORD-4621 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraiser, Ride for Reid, to be held at the North Texas Fairgrounds on March 19, 2011. The exception is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 a.m. BACKGROUND The Oldham family has requested an exception to the hours of amplified sound to have a fundraising event, Ride for Reid, for their seven-year-old son who has several medical conditions. The funds will be used to help pay medical expenses for Reid to see a neurology specialist in Detroit, MI. The event will include live music, bar-b-que competition, auction and some family-friendly fun activities. The live concert will feature several performing artists including Rob Donnelly Band, Ed Burleson and Randy Brown. PRIOR ACTION/REVIEW (Council, Boards or Commissions) City Council approved requests for the Ride for Reid event in 2005 and 2006. FXUIRITC 1. Request Letter from Michelle Oldham Respectfully submitted: W Ow Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod, Community Events Coordinator I 2011 BBQ Cook -Off & Music concept Bette, f'it Janatary 27, 2011 City of Denton .Attn: JWe McLeod, Community Events Coordinator Parks & Recreation Department Denton, TX 76201 JAnie, We are putting on a benefit to raise funds to get our 7 year old son, Reid Oldham to Detroit, MI to see a specialist in the field of neurology. We are asking for a special exception to the Noise Qrdiunce to be granted by the City of Denton City Council, for the hours of 6:00pm midnight on Saturday, March 19, 201.1, daring the music pordora of our benefit. The event will be held at the North To us Fairgrounds in Menton, This benefit induda a BEQ competition and will allow the public citizens to eat pri2e winninS EBQ, enjoy live music provided by the Rob Donnelly Barad, lid Burleson and Randy Brown, We will also have an auction and sornne Family-friendly fun activities. This will be a great family event for all of Denton and suuounding cities, Please contact me if you have any questions, thank yogi! Shelley @ 972-989-6211 Thank you, -X" Michelle Oldkaam Ittde For Raid, 3932 Overtake Drive, Dentug, TX 76210 872-98-6211 or 07Z-740-3855 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Transportation IT ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing First and Second alternates to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. BACKGROUND On December 1, 2009 Guy McElroy was appointed as the City of Denton representative to the Denton County Transportation Authority (DCTA) Board of Directors through the approval of Resolution R2009-038. On June 15, 2010 Council approved Resolution R2010-019 appointing Rick Woolfolk as the First Alternate to the DCTA Board of Directors formally replacing Mark Nelson as the First Alternate. Resolution R2008-028 appointed Howard Martin as the Second Alternate. This agenda item is intended to provide the City Council an opportunity to discuss and make a formal recommendation for the appointment for the two available City of Denton alternates to the DCTA Board of Directors. The current two-year term for the City of Denton appointee and alternates expires on November 12, 2011. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed and prepared the resolution. FISCAL INFORMATION There will be no fiscal impact. SCHEDULE If approved, the proposed appointment will become effective immediately and continue through November 12, 2011. Agenda Information Sheet February 15, 2011 Page 2 EXHIBITS 1. Draft Resolution 2. Resolution R2009-038 3. Resolution R2010-019 Respectfully submitted: Mark Nelson Transportation Director codad global aeendas`strateeic seiti ices`2011 agenda items`.februarc 2011`.febiuarv 15 - 2011,4h - dcta appointment 2 - draft resolution dcta bd alternate appointment jan 2011.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING FIRST AND SECOND ALTERNATES TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2009-038 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and appointed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year term; and WHEREAS, pursuant to Resolution No. R2010-019 the City Council of the City of Denton removed Mark Nelson as the First Alternate and appointed Rick Woolfolk as the First Alternate of the City of Denton; and WHEREAS, the two year term will expire on November 12, 2011 and the City Council deems it be in the public interest to appoint an alternate to the Authority Board for the remainder of the current two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. is hereby appointed as First Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. is hereby appointed as Second Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering or law. SECTION 4. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 5. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. codad global aeendas`strateeic seiti ices`2011 agenda items`.februarc 2011`.febiuarv 15 - 2011,4h - dcta appointment 2 - draft resolution dcta bd alternate appointment jan 2011.doc SECTION 6. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 sAlegallour documcntsVesolutionsll0ldcta bd alternate appoinimcnt jun 2010.doe RESOLUTION NO. 82010-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING AN ALTERNATE TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, the, Denton County Transportation Authority Bylaws authorizes the appointment of members of the Board of Directors, as well as alternate board members serving in the absence of appointed board members; and WHEREAS, pursuant to Resolution No. R2009-038 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and appointed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year term; and WHEREAS, the two-year term will expire on November 12, 2011, and the City Council decros it be in the public interest to appoint an alternate to the Authority Board for the remainder of the current two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Rick Woolfolk is hereby appointed as First Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. Woolfolk is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. Olegahour documentslresolutions1101deta hd alternate appointment jun 2010.doc PASSED AND APPROVED this the 0 f , 2010. MARK A. UG , AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Transportation ACM: Jon Fortune SUBJECT Consider the adoption of an Ordinance Authorizing the City Manager or His Designee to Execute an Agreement to Purchase Real Property ("Agreement"), by and between the City of Denton, Texas and Denton County Transportation Authority ("DCTA"), a Coordinated County Transportation Authority under Chapter 460 of the Texas Transportation Code, a contemplating (i) the sale and purchase of approximately 1.61 acres of real property in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas ("Real Property"), for public purposes, being located adjacent to the Dallas Area Rapid Transit Rail between Hickory Street and Prairie Street, and being a portion of the lands conveyed to the City of Denton by Union Pacific Railroad Company, by Deed recorded in Volume 4962, Page 02851, Real Property Records, Denton County, Texas; (ii) the execution and delivery of a Street Use License to Use Certain City Property for Rail Crossing Purposes related to DCTA's use of Sycamore Street in the vicinity of the Real Property; and (iii) the execution and delivery of an Assignment and Assumption Agreement, assigning that certain lease, dated on or about September 25, 2001, by and between Union Pacific Railroad Company and Trinity Industries, Inc.; authorizing the City Manager, or his designee, to execute and deliver any and all deeds, licenses, assignments and any other documents necessary to accomplish closing of the transactions contemplated by the Agreement; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Denton County Transportation Authority (DCTA) staff and general counsel have met with City of Denton representatives to review terms and conditions relating to the proposed conveyance of two tracts of property owned by the City of Denton located in the former Missouri Kansas Texas (MKT) rail right-of-way immediately south of Hickory Street south to just north of Prairie Street. The two parcels in question border the Downtown Denton Transit Center and Trinity Industries along the east property line and border Dallas Area Rapid Transit (DART) and the Union Pacific Railroad (UPRR) along the west property line. The property was acquired by the City of Denton from the UPRR in 2001. DCTA currently enjoys a right of entry from the City of Denton, originally entered into in March 2009 and subsequently extended, for the constriction of the DCTA A-train into Downtown Denton. DCTA is currently constricting the Downtown Denton Rail platform in the northernmost parcel located between Hickory Street and Sycamore which will complement the Downtown Denton Transit Center immediately to the east of the platform. In October of 2009 staff briefed City Council on the proposed conveyance of these parcels and received direction to Agenda Information Sheet February 15, 2011 Page 2 move forward with the proposed conveyance based on a 2009 appraisal. The proposed ordinance contemplates the approval of an Agreement (the Agreement) between the City of Denton and DCTA. The Agreement contemplates three actions: (i) the conveyance of the two identified parcels, (ii) granting of a street license for DCTA to utilize a portion Sycamore Street for rail operations; and (iii) the assignment and assumption agreement related to a Lease between UPRR and Trinity Industries, previously assigned to the City of Denton, for a rail operations between the UPRR and Trinity Industries. Conveyance of Parcels The two parcels are identified and described as Lot 1 and Lot 2 of Block A, Denton Rail Station Addition (upon platting) (the "Property"), and comprise of approximately 1.61 acres. Exhibit "A" to the Agreement provides a description of the Property. Exhibit 5 to this agenda information sheet provides a location map of the two parcels in question. The purchase price of for the Property is $212,608, as appraised by the June 2009 appraisal, and will reserve to the City a perpetual 30-foot wide bicycle and pedestrian trail easement. DCTA will accept the property "AS IS" and "WHERE IS" and the City of Denton will convey the Property by Deed Without Warranty at the closing. DCTA has agreed to fund closing costs as described in the Agreement and will be responsible for platting the Property. CtPPPt T iri- aP The Agreement includes the provision of a street "License" to be granted by the City of Denton to DCTA for a term of 50 years to provide a rail crossing in the 500 block of East Sycamore Street. The License will allow DCTA the right to temporarily interrupt the free flow of rail, pedestrian and vehicular traffic to facilitate commuter rail service into Downtown Denton. The License will also require DCTA to submit a separate set of as-built drawings for the rail infrastructure to be developed within an approximate 60-foot by 60-foot area ("Licensed Premises"), City of Denton will maintain the right to utilize the street right-of-way for public needs as needed, to include extension or expansion of utilities, as long as the proposed use does not interrupt rail operations or undermine the safety of the rail operation. Assignment and Assumption Agreement ("Assignment") In September 2001, the UPRR leased approximately 4,000 square feet of property to Trinity Industries, Inc. to assist the delivery of material via rail to Trinity Industries. The Lease was assigned to the City of Denton in November 2001 when the City acquired the real property burdened by the lease from UPRR in 2001. The Lease to be assigned covers and encumbers a portion of the property to be conveyed to DCTA. DCTA will be the owner and "Lessor" of the property in question upon closing. The Assignment will be "AS IS", "WHERE IS", and "WITH ALL FAULTS" and will be without warranty. DCTA will also indemnify the City of Denton against (i) claims arising out of DCTA's failure to comply with the terms of the lease; (ii) claims of the tenant arising after the date of the Assignment, to the extent permitted by law. Agenda Information Sheet February 15, 2011 Page 3 PRIOR ACTION/REVIEW At the October 20, 2009 City Council meeting, staff briefed the Council in Executive Session on the proposed conveyance of the two identified Rail Platform parcels. The City Council provided staff direction to proceed with the proposed conveyance of the parcels to facilitate commuter rail service into downtown Denton. FISCAL INFORMATION A 2009 appraisal of the two parcels value the total property at $212,608. Staff recommends conveyance of the Property at the appraised value. SC'.HYDITIT The agreement will be effective upon the execution of the agreement by the governing bodies of DCTA and the City of Denton. Closing of the transaction contemplated by the agreement will take place on or before 90 days after the Effective Date. EXHIBITS 1. Draft Ordinance 2. Agreement to Purchase Real Property 3. Street Use License to use Certain City Property for Rail Crossing Purposes 4. Assignment and Assumption Agreement 5. Location Map Respectfully submitted: Mark Nelson Transportation Director \\codad\global\agendas\strategic services\2011 agenda items\february 2011\february 15 - 2011\41 - dcta platform conveyance\2 - draft dcta ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT TO PURCHASE REAL PROPERTY ("AGREEMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), A COORDINATED COUNTY TRANSPORTATION AUTHORITY UNDER CHAPTER 460 OF THE TEXAS TRANSPORTATION CODE, CONTEMPLATING (I) THE SALE AND PURCHASE OF APPROXIMATELY 1.61 ACRES OF REAL PROPERTY IN THE HIRAM SISCO SURVEY, ABSTRACT NO. 1184, CITY OF DENTON, DENTON COUNTY, TEXAS ("REAL PROPERTY"), FOR PUBLIC PURPOSES, BEING LOCATED ADJACENT TO THE DALLAS AREA RAPID TRANSIT RAIL BETWEEN HICKORY STREET AND PRAIRIE STREET, AND BEING A PORTION OF THE LANDS CONVEYED TO THE CITY OF DENTON BY UNION PACIFIC RAILROAD COMPANY, BY DEED RECORDED IN VOLUME 4962, PAGE 02851, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; (I1) THE EXECUTION AND DELIVERY OF A STREET USE LICENSE TO USE CERTAIN CITY PROPERTY FOR RAIL CROSSING PURPOSES RELATED TO DCTA'S USE OF SYCAMORE STREET IN THE VICINITY OF THE REAL PROPERTY; AND (III) THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT, ASSIGNING THAT CERTAIN LEASE, DATED ON OR ABOUT SEPTEMBER 25, 2001, BY AND BETWEEN UNION PACIFIC RAILROAD COMPANY AND TRINITY INDUSTRIES, INC.; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL DEEDS, LICENSES, ASSIGNMENTS AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, DCTA is in the process of constricting infrastructure within and outside of the City of Denton related to the provision of rail transportation to the City of Denton; and WHEREAS, DCTA is in need of the Real Property and a street use license to cross Sycamore Street, a City street, related to such rail transportation service; and WHEREAS, DCTA desires, and has requested, that the City convey to it the Real Property, along with a street use license to cross Sycamore Street; and WHEREAS, the City Council finds the transactions contemplated by the Agreement are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. \\codad\global\agendas\strategic services\2011 agenda items\february 2011\february 15 - 2011\41 - dcta platform conveyance\2 - draft dcta ordinance.doc SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City of Denton, and to carry out the City's responsibilities and rights under the Agreement, including, without limitation: (i) to execute and deliver any deeds, licenses, assignments, waivers of notice, and any other documents necessary to accomplish closing of the transactions contemplated by the Agreement; and (ii) the authorization to make the expenditures set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAlegaAour documentkontractsA 11dcta purchase contract city of denton downtown dcta.doc S AGREEMENT TO PURCHASE REAL PROPERTY County: Denton Parcel No.: City of Denton THIS AGREEMENT TO PURCHASE REAL PROPERTY ("Agreement") is made by and between the City of Denton, a Texas home rule municipality, hereinafter referred to as "City", and Denton County Transportation Authority, a coordinated county transportation authority under Chapter 460 of the Texas Transportation Code, hereinafter referred to as "DCTA." For and in consideration of TEN AND NO/100 DOLLARS ($10.00), the mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the City agrees to sell to DCTA and DCTA agrees to purchase from City, upon the terms and provisions hereof and subject to the reservations herein, (i) the surface estate of the real property situated in Denton County, Texas, described below for all pertinent purposes (the "Land") TOGETHER WITH all improvements thereon and all rights and appurtenances pertaining thereto (collectively with the Land, the "Property"); (ii) a Street Use License to Use Certain City Property for Rail Crossing Purposes ("License") over and across Sycamore Street in the City of Denton, Texas, as more particularly described in Exhibit "D"; and (iii) an assignment of that certain Lease (herein so called), dated September 25, 2001, by and between Union Pacific Railroad Company and Trinity Industries, Inc., in the form of that certain Assignment and Assumption Agreement (the "Assignment") attached hereto as Exhibit "E" (if such Lease has not terminated prior to Closing). 1. DESCRIPTION: The Land, subject to platting requirements, as provided in Paragraph II.A., below, is described as the surface estate of Lot 1 and Lot 2 of Block A, Denton Rail Station, an Addition to the City of Denton, Denton County, as depicted on Exhibit "A", attached hereto. The sale of the Property shall be subject to the reservation by the City of, and the City shall reserve from the conveyance of the Property, a perpetual easement for pedestrian and bicycle trail purposes over and across a portion of the Property as described on Exhibit `B" attached hereto and made a part hereof, which easement shall include all related rights, enjoyments and benefits as contained in the Deed Without Warranty (herein so called), attached hereto and made a part hereof as Exhibit "C". The parties agree that without the necessity of amending.this Agreement, the platted lot and block description that will attach to the Land upon approval and recording of the final plat described in Section II.A., below, shall be the legal description of the Land used in the Deed Without Warranty signed by City and conveyed to DCTA as well as other closing documents requiring such description. H. PURCHASE PRICE: Amount to be paid by DCTA to City at closing: $212,608.00. H.A. PLATTING: DCTA shall, prior to Closing, have obtained approval of a Final Plat of the Land from the Planning and Zoning Commission in accordance with the terms of the Denton Development Code, including without limitation, Section 35.16.12. The Final Plat shall depict the Land in two separate lots, bisected by and excluding from-the lots, the existing Sycamore Street right of way, as depicted on Exhibit "A", attached hereto, and shall describe a 30 foot wide perpetual public walkway and bike trail easement for pedestrian and bicycle trail purposes. Without waiving the enforcement of any applicable City ordinances, regulations, or standards, City agrees to reasonably cooperate with DCTA in the prosecution of the foregoing application for Final Plat of the Land including, but not limited to, signing as owner of the Land all necessary applications and related documents. AGREEMENT TO PURCHASE REAL PROPERTY: CITY OF DENTON TO DCTA: PaSe 1 s:Uegallour documentslcontractsU I \dcta purchase contract city of denton downtown dcta.doc III. CONDITIONS AND LIMITATIONS: (A) The Effective Date of this Agreement is the date this Agreement is signed by authorized representatives of the City and DCTA, whichever is later to execute, following approval of this Agreement by City's and DCTA's governing body. References to the date of signing of this Agreement are to the Effective Date. (B) DCTA represents and warrants to City that it has made an independent inspection and evaluation of the Property and the title to same and the ability and legal authority of City to execute this Agreement and deliver the Deed Without Warranty, License, and Assignment, described in Paragraph III. (G), below and acknowledges that City has made no statements or representations concerning the present or future value of the Property or Lease, the state of title of the Property or Lease, or the condition, including the environmental condition of the Property or the ability and legal authority of City to execute this Agreement and deliver the License, Assignment and Deed Without Warranty to DCTA. (C) EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH M. M., CITY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY, ABSENCE OF LATENT DEFECTS, COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE PROPERTY OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE DEED WITHOUT WARRANTY, THE ASSIGNMENT AND LICENSE. DCTA further acknowledges that, in executing and accepting this Agreement, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. CITY makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to DCTA, if any, whether furnished by CITY or any third party. CITY, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by CITY, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any and DCTA hereby releases such parties from and against any claims related to such matters. Reliance on any material so furnished shall not give rise to any cause, claim or action against CITY, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at DCTA's sole risk. THE CONVEYANCE OF THE PROPERTY AND EXECUTION AND DELIVERY OF THE ASSIGNMENT AND LICENSE SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR AGREEMENT TO PURCHASE REAL PROPERTY: CITY OF DENTON TO DCTA: Page 2 s:llegallour documentslcontracts\1 i ldcta purchase contract city of denton downtown dcta.doc MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY FITNESS FOR PURPOSE, MERCHANTABILITY, ABSENCE OF LATENT DEFECTS AND COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE PROPERTY AND/OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE DEED WITHOUT WARRANTY, THE ASSIGNMENT AND THE LICENSE, OR OTHERWISE. DCTA has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property and other interests contemplated to be conveyed or assigned by this Agreement. (D) Intentionally omitted. (E) City is a political subdivision of the State of Texas and represents, to its knowledge, that the Property is exempt from payment of ad valorem taxes pursuant to Texas Tax Code § 11.11 and that no ad valorem taxes will be due at Closing for any period of time relating to City's ownership of the Property prior to Closing. Any and all taxes attributable to periods of time after Closing, and any subsequent assessments for prior years due to change in usage of the Property after Closing, if any, shall be paid by DCTA. The terms and provisions of this Paragraph Ili. (E) shall survive Closing. (F) At the Closing, DCTA shall deliver (1) the Purchase Price in cash or other immediately available funds, to Republic Title of Texas, Inc. ("Title Company") for disbursement to City; and (2) any other documents reasonably required to complete the Closing in accordance with the usual practices for closing real estate transactions in Denton County, Texas. DCTA shall pay (a) all costs of the survey, if performed, and expenses related to platting; (b) the premium for the Owner's Policy of Title Insurance, inclusive of any premiums or fees for endorsements thereto; (c) all costs involved in preparation and recording all documents required for Closing; (d) all Title Company escrow fees; and (e) to the extent not specifically addressed herein, all costs customarily paid by the buyer in real property sales transactions in Denton County, Texas. (G) At the Closing, City shall (1) deliver the Deed Without Warranty, substantially in the form as attached hereto as Exhibit "C", conveying the Property, with reservation of the pedestrian and bicycle trail easement described in Exhibit "B", attached hereto, and in the Deed Without Warranty; (2) the Street Use License to use Certain City Property for Rail Crossing Purposes, substantially in the form as attached hereto as Exhibit "D"; (3) Assignment and Assumption Agreement, substantially in the form as attached hereto as Exhibit "E"; and (4) any other documents reasonably required to complete the Closing in accordance with the usual practices for closing real estate transactions in Denton County, Texas. Notwithstanding anything to the contrary herein, in the event City receives prior to Closing a written request from the lessee under the Lease to terminate the Lease, City agrees to waive any required notice period and consent to the immediate termination of the Lease, in which case execution of the Assignment and Assumption Agreement described herein shall not be a condition of Closing. (H) Not later than ten (10) days following the Effective Date, DCTA shall obtain a Commitment for Title Insurance ("Commitment") issued by the Title Company with respect to the Property. DCTA shall, after receipt of the Commitment, give written notice to City of any objections DCTA has to the title as disclosed by the Commitment. City shall have a reasonable time, not to exceed ten (10) days after receipt of DCTA's title objections to attempt to cure such objections, and City covenants and agrees to make a reasonable effort, but shall not be obligated, AGREEMENT TO PURCHASE REAL PROPERTY: CITY OF DENTON TO DCTA: Pace 3 salegallour docuanentslcontractsll I Idcta purchase contract city of denton downtown dcta.doc 5 y to eliminate the objected to exceptions. Notwithstanding anything to the contrary herein, City shall not be obligated to expend funds to remove any such objections. In the event City is unable to remove such title objections within the time provided, DCTA may either (1) waive the objections and accept such title as City is able to convey and proceed to Closing with no abatement or reduction in the Purchase Price, or (2) terminate this Agreement. In the event DCTA shall waive the objections, any uncured exceptions to title shall constitute Permitted Exceptions; provided, however, in no case shall any matter appearing on Schedule C of the Title Commitment constitute a Permitted Exception unless expressly waived by DCTA. (I) In the event City does not cure one or more title objections pursuant to Paragraph III. (H), above, and DCTA elects to purchase the Property subject to any such encumbrances, City hereby grants its consent to DCTA to cure such objections to title by acquiring any related real property interests of a party other than City through the exercise of the power of eminent domain pursuant to Texas Transportation Code §460.107. This Paragraph 111. (1) shall (i) not be deemed to include consent by the City to DCTA to condemn any interest of any kind or type of the City; and (ii) shall survive the Closing.. (J) The Closing (herein so called) of this Agreement shall take place at the Title Company's. offices, 2626 Howell Street, 10`s Floor, Dallas, Texas, 75204, on or before forty-five (45) days after the Effective Date, or within fifteen (15) days after the completion of the title curative work, and recording of the final plat in the Denton County Real Property Records as a result of the completion of the platting requirements as provided in Paragraph II.A. above, whichever is later, but in no event to be later than ninety (90) days after the Effective Date. (K) City and DCTA represent and agree that no broker has been engaged by either party in this transaction and that under no circumstances will either party pay for or be responsible for a real estate commission to a broker or a sales person as a result of the Closing of this Agreement. (L) All notices provided herein to be given to City shall be in writing and shall be given to City at 215 E. McKinney Street, Denton., Texas 76201 to the attention of the City Manager, with a copy to Anita Burgess, City Attorney, at the same address, and Paul Williamson, Real Estate and Capital Support Manager, at Utilities Engineering, 901-A Texas Street, 2nd Floor, Denton, Texas 76209 or to such other address as City shall hereafter designate to DCTA by written notice. All notices provided herein to be given to DCTA shall be in writing and shall be given to DCTA at 1660 South Stemmons, Suite 250, Lewisville, Texas 75067 or to such other address or individual as DCTA shall hereafter designate to City by written notice, with copy to DCTA's attorney, Kevin B. Laughlin, Nichols Jackson, Dillard, Hager & Smith, LLP, 500 N Akard, Suite 1800, Dallas, Texas 75201. Any and all notices required or provided for herein shall be deemed to be effectively given when delivered in person or when mailed by United States Registered or Certified Mail with postage prepaid, return receipt requested, and addressed as herein above set forth. (M) City hereby acknowledges and represents that: (1) DCTA has obtained and has provided to the City, an appraisal of the fair market value of certain real property containing the Property and DCTA and City have valued the Property based upon square foot value of the real property appraised ; and (2) the Purchase Price is equal to or greater than the appraisal of the Property conducted in accordance with the procedure described in Paragraph III. M. (1). (N) DCTA hereby acknowledges and represents that DCTA is a governmental entity that has AGREEMENT TO PURCHASE REAL PROPERTY: CITY OF DENTON TO DCTA: Page 4 sAlegahour docurnentslcontractsll lldcta purchase contract city of denton downtown dctadoc the power of eminent domain as contemplated by Tex. Loc. Govt. Code §272.001(b). (O) The representations and warranties contained in this Agreement shall survive Closing. (P) Miscellaneous: (1) This Agreement shall be construed under and in accordance with the laws of the State of Texas, and is entirely performable in Denton County, Texas. Sole and exclusive venue for any action related to this Agreement shall lie in courts of competent jurisdiction of Denton County, Texas. (2) This Agreement, including the Exhibits and all terms and provisions of such Exhibits, as attached to this Agreement, embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and transactions contemplated by this Agreement, and may be amended or supplemented only by a written instrument executed by both parties, except as to that certain Right of Entry (herein so called), dated March 3, 2009, as amended from time to time, by and between City and DCTA, related to rights to enter and conduct activities as prescribed therein. The Right of Entry shall expire and terminate upon Closing. (3) If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised apart of the Agreement. The remaining provisions of this Agreement shall be and remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added, automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable. (4) This Agreement shall be binding and inure to the benefit of DCTA and City and their respective successors and permitted assigns. (5) Words of any gender used in this Agreement shall he held and construed to include any other gender and words in the singular shall include the plural, and vice versa, unless the context clearly requires otherwise. (6) Neither party may assign its interest in this Agreement. (7) If this Agreement is executed in. multiple counterparts, all counterparts taken together will constitute this Agreement. (Q) In the event City or DCTA shall fail to perform any obligation hereunder, or any of its representations are untrue as of the date of Closing, such party shall be in default under this Agreement ("Default"). Upon Default, the non-defaulting party may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing; or (ii) enforce specific performance of this Agreement. (Signatures on Following Page) AGREEMENT TO PURCRASE REAL PROPERTY: CITY OF DENTON TO DCTA: Page S sAlegahour documentslcontracts1111dcta purchase contract city of denton downtown dcta.doc SIGNED AND AGREED by City this the day of , 2011. CITY OF DENTON, TEXAS By: George C. Campbell, City Manager ATTEST: Jennifer Walters, City Secretary By: Approved As To Legal Form: Anita Burgess, City Attorney By: SIGNED AND AGREED by DCTA this the day of 2011. DENTON COUNTY TRANSPORTATION AUTHORITY By: Jim Witt, Chief Executive Officer APPROVED AS TO FORM: Peter G. Smith, General Counsel AGREEMENT TO PURCHASE REAL PROPERTY: CrrY OF DENTON To DCTA: Page 6 Exhibit "A" To Agreement .e To Purchase Real Property r~ s= ~ 133~f1S 31f11t/!/ Is 3 aa g qeq - r t " e 1"ne • I ~ lea lit y r:'l ~J ~ FcJ e 02 a lei`'. ~ i~^bjgpC 4y s •'.1UM, v!!n . 4 z"s t s `S T-# st la Er 3s Fee °a ~E:~~ " a i; f=Y Sd @ e H g66 [ 55 - Y~=a8~~y iEi~r~' 37s~t ~ f,5- g3Fa a ~lA~Cyl3]~°vt~$ y w ff L • _s Pi ~Y'~~f ~ g J g d~346~3gaa3 ~1-'~JSS aFy iT t aT" rt ~ a l ~ f3 ~tl~CSbc'11so3 Frp3 yL~n 3 F i ti gar 'e a e i ZIN IN J41 z ~ H3 s~ 2 Q ~ l a ~ z ~ 11 ~4 0c_ n'3 ~n O T - ff15 1gr.g •11 1 33 s Js_ V-3 ~I ° s~l 1 n c w 'a~Rl ~Ld§ $ 1Y m y 0 ` s Ifl:d. n 2 I m ItN~I I ng km o8°s Q w =m L $ a 2 I . ! is c QP iE rnaafi °~5 Q o`Ya- oa.~ I I tT---?- _ a 133111 S -~Ai ONO/H IS173 ~ Q ZI U Ex- ~ LLdI [I Vi ii i _ I I. P e F Q2 O Id f= 0 Off. n2Wz ~mN~j J o05! aNa~~to M.d ate? F- mR N O tie~W z ;5 O G iE L 7 a!Y d k sF is c aE sj~ ~zeF ' ~i ~I s b33 EE !q 11.1 3 3 ik° € , F ~ 1 ~ if4 .S. ~•Y 1 V idKi 1 3 E ' ~s . ~ ~e{ TiF F ppppE~L L y} 3 ^ ~ ~ e' j~ 5 e g e z ~ , : 39 d ~e.~ ;C~ # ~Y S € ~ } r i + eeC t~ ~ ? - qq T . ~ Sa ~se itr x j ~ r sL Tl F T ~ ~ IN ~ S ~i gg ~ 9 a ~ i~i~ ' jte k $ { a2 § A r t r t s 3s f [ d Z ~ 2 2- a i 2 Z k z.e 9 ~ f k k k ~ E=F k' ~k F ~F fig yia.3 d f 3 ] s g pig; vP t 3' =9 % a`F e c c' f c ¢ `o Ey E~. a~ ~r aa~y S jk • + s Fit Fgf . y e _'s ' a g 5 i E: CIS ' F •p 1 g„ ; lit Asa 41 F : . ~i2 ~3t ~r3 4f r a a ai ` •iE~ sy I° j l" S° v gg,: 3s .z 3 g21 `FA b 7~i aii F~ Dy ;t g! ai e! J3 3`!-• aa€ 'j a:s i F ~ ' i3 g2 d-e ~s qI a° kk {syy F h' :S n s 4.1 h 3 ~ ? ! ' Sq T~ 'R_ - F; tl Ha NF tf ,5 y£ yf - - 8 s~ k~ aee` s~~s .-I x as§~s w~ ti ¢ i Exhibit "B" To Agreement To Purchase Real Property a ke? y .L33~f1S 3/tllY'7ld ° sa F9`_yr ~~v a a Y 4a:R ~~i 3~ 3 x~_ 8^ r ..C33t11S~ ~ - 3t1pWb'~,(S LSY-3 w- ff I IE aJBe n dn$N .Ie'$ I8 ~a3d*$ 9m`~ °a 3 I tw a e y N t IIF osas ~ gag I ti to-a~ p yy lo4L: f gS ~ I n e~ Y 1 i i Sla=n I q III I F ix I k tT 133111 S --AHO.Y01H 1SV3Tl H au Q+w kq W y §~agSLtlg9~~ 3~_ Ffr~,tt f~~8 d 3'F~ 5 1 oa~33 d9g § 47 - M ERIN i Min .014 b.; us c1 t; yyi TAY ~ Ito ii s t Ju 11 frif eEy s'r2 1 Cg g77§ FS y3~ ;a"~ Ra ~~d r ~gef F 14 eY f; ~ aN d L t Z t ` E ~ b m,a . C)~4zW= ~H$zr a= ~ c _ ~a~N~~ ~m y W°o o'vp 7~ mm d ~ H~~K }F S ~~fi ~ G+l C ~ g u ~ O _ ran ~~o Oya- Jw 9 = 3a s sES ~=eF !tY ~k ES p k } M 41" A iF s~ td ~a~°s E E I VIE X23 3 ~ ~ I ;Fig F Iffl. p3~ a•` S ~2t a y $g$gY ~ _ e~~ .a Sil. Y e ~ f a P ~ F 13 y:E3x if .1 W V Plil 0 5g[4 g e - : e i ai 1 ass IS €Y ~~3 sd ~ 9 j ~ 5 ~ 3; `s~• ss AYE yid ° all I 6F a € { 3 3~ # ~a yi t i Fl p I i gg d gg 8 } €ft .a ty a NJ zj'~ a 'I 7 p A a9 X55 u' 3 F~ dt !5 4 4 11 .-1 1. .1 'r 11 f F!.,I ` l E E Fx 7 ~ E U1 F g :~v F'a$~ 5 z a a x : c~ E# °-F '[F x~ ~ se i y~ aE ~ € sFa ¢gptp~ ~r [f F s f ~a~ Y~ F!$ i! ~ ~ ~F ~ G~~¢ Y=e i! 33 #E tp ~E iP f~E tE ~i II~ i4~ di f1~ Eqj R h~ ~ t ,.U 1 `aE k f~ $z3 i , da 7a "f' 1a Aid .fi':.E = a 11 oil NJ 0 ~ R: f if . al ses ar. Z$E1 ja ?e~ ;MR ai§ 058#l Wg i Page 1 of 2 DCTA shall have a survey of the Pedestrian and Bicycle Trail Easement, acceptable in form and substance to City, prepared prior to Closing, said Pedestrian and Bicycle Trail Easement being roughly depicted herein. City and DCTA agree that the surveyed description of the Pedestrian and Bicycle Trail Easement, as contemplated herein, shall be used as Exhibit "A" to the Agreement at Closing without necessity of amendment of the Agreement. Page 2 of 2 s:Vegallour documentskontracts\11\dcta purchase contract city of denton downtown dcta.doc EXHIBIT "C" TO AGREEMENT TO PURCHASE REAL PROPERTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY DATE: [insert date of Closing] GRANTOR: City of Denton, Texas, a Texas home rule municipal corporation GRANTOR'S MAILING ADDRESS: 215 E. McKinney Denton, Texas 76201 GRANTEE: Denton County Transportation Authority, a Coordinated County Transportation Authority under Chapter 460 of the Texas Transportation. Code GRANTEE'S MAILING ADDRESS: 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 CONSIDERATION: Ten and No/ 100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of same herein acknowledged. PROPERTY: The Surface Estate Only of Lot I and Lot 2, Block A, Denton Rail Station, an Addition to the City of Denton, Denton County, Texas, according to the plat thereof filed as Instrument No. , Official Public Records, Denton County, Texas. RESERVATIONS FROM CONVEYANCE: 1. There is hereby reserved for Grantor and Grantor's successors and assigns, a perpetual and permanent easement for a pedestrian and bicycle trail and the free and uninterrupted use and liberty of passage in, on, along, over, upon, under, and across that portion of the 37241 sAlegahour documentslcontractsll Ildcta purchase contract city of denton downtown dcta.doc Property as described on Exhibit "A", attached hereto (the "Easement Property") for the purposes herein stated, said easement including, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, and upon all of the Easement Property for the purpose of constructing, reconstructing, replacing, inspecting, maintaining, repairing and clearing said premises for the free and unobstructed use of pedestrian and bicycle travel of the public; together with the right of ingress, egress, and regress for such purposes in, on, along, through and across all of the Easement Property. 2. To the extent not previously reserved by prior grantors, there is hereby reserved for Grantor and Grantor's successors and assigns, all oil, gas and other minerals owned by Grantor located in and under, and that may be produced from, the Property; provided; however, to the extent Grantor is the owner of the oil, gas and minerals in, under and that may be produced from the Property and the executive rights related to same, Grantor, for itself and its successors and assigns, hereby waives all surface rights and other rights of ingress and egress in and to the Property related to such reserved mineral interest, and agree that in conducting operations with respect to the exploration for and production, processing, transporting and marketing of oil, gas and other minerals from the Property, that no portion of the surface of the Property will be used or occupied and that fixtures, equipment, buildings or structures used in connection with the exploitation of the reserved mineral, oil and gas rights, shall not be placed on the surface of the Property. Nothing herein, however, restricts or prohibits the pooling or unitization of the mineral estate owned by Grantor with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter. or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. EXCEPTIONS TO CONVEYANCE: Thirty Foot (30.0') perpetual easement reserved by Union Pacific Railroad Company, for itself, its successors and assigns in that certain Deed Without Warranty conveyed to Grantor dated October 31, 2001, and filed November 9, 2001, in. Volume 4962, Page 2851, Real Property Records, Denton County, Texas, and as depicted in that certain survey, dated on or about February 24, 2010, prepared by Michael Larry Lewis, Jr. 2. Mineral reservation by Union Pacific Railroad Company, for itself, its successors and assigns, in that certain Deed Without Warranty conveyed to Grantor dated October 31, 2001, and filed November 9, 2001, in Volume 4962, Page 2851, Real Property Records, Denton County, Texas. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and the ability and legal authority of Grantor to execute and deliver this Deed Without Warranty and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of EXHIBIT "C" TO AGREEMENT TO PURCHASE REAL PROPERTY: CrTV OF DENTON To DCTA;_ Page 2 sAlegallour documentslcontractsll lldcta purchase contract city of denton downtown dcta.doc title of the Property, or the condition, including the environmental condition of the Property or the ability and legal authority of Grantor to execute and deliver the Deed Without Warranty to Grantee. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY, ABSENCE OF LATENT DEFECTS, COMPLIANCE WITH LAWS AND REGULATIONS OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE DEED WITHOUT WARRANTY. Grantee further acknowledges that, in executing and accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any and Grantee hereby releases such parties from and against any claims related to such matters. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. THE CONVEYANCE OF THE PROPERTY IS ON A "WHERE IS "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, FITNESS FOR PURPOSE, MERCHANTABILITY, ABSENCE OF LATENT DEFECTS AND COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE PROPERTY, THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS DEED WITHOUT WARRANTY, OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property. Grantor, for the consideration stated herein and subject to the Reservations from and Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. EXHIBIT "C" TO AGREEMENT TO PURCHASE REAL PROPERTY: CITY OF DENTON TO DCTA: Page 3 • salegallour documentslcontractsll Ildcta purchase contract city of denton downtown dcta.doc EXECUTED AND EFFECTIVE THIS DAY OF 7 2011 GRANTOR: CITY OF DENTON GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: GRANTEE: DENTON COUNTY TRANSPORTATION AUTHORITY, a coordinated county transportation authority By: Jim Witt, Chief Executive Officer STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on 2011, by George C. Campbell, City Manager of the City of Denton, on behalf of the City of Denton. Notary Public, State of Texas My commission expires EXHIBIT "C" To AGREEMENT TO PURC14ASE REAL PROPERTY: CITY OF DENTON TO DCTA: Paee 4 f sAlegallour documentslcontractsll lWcta purchase contract city of denton downtown dcta.doc STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on , 2011, by Jim Witt, Chief Executive Officer of Denton County Transportation Authority, a coordinated county transportation authority, on behalf of said transportation authority. Notary Public, State of Texas My commission expires EXHIBIT "C" To AGREFmENT To PURCHASE REAL PROPERTY: CITY OF DENTON To DCTA: Pate 5 Exhibit "A" 1 F@$$I ggy B m°eij2 0 SHIRE IIII i< ~ynF~s ~q ~ w O s E.~ rg r To Deed Without Warranty I J3 TM 13381S~~ _ 3tlOW6'~.tS 1S__4~3 4 ~ ~3 I29 agn 8 ° a I I~ y Wti rf~• n ~o I I$ ~1•x ~~gW Igtyq~ fit.~~8 8H ~ ~s w 3 ---riser-- 65Q~ _ e 1 ' 1 ga$ffi s~~ y 3 - Ip}"~9k: F ~ I? Ise g 1 3 I I. Aa~~ I oaf`s wr I Ha~~ I I I0 I , 133tl1S _ AHOM01H 1SV3 0 Q«' W~ i I{€ tr ,g1 §:MTfl ,S r, 6 ~ e R epj J 1s'ks ~a s E5 F 5~5 ~ e r x k rr'.° e r3 i s ; _ ~~g~ $$3~`g k E ~ i Iai~gJ~ tsf` Ckj{cf~i 5i! a Y ss x'y3}q 8 ~ pge 1 ~ ~~j~p ~ y{gg eEE`~ iw e ~C Ea~ 9 B El~ ~C iiil l! EE :Ea :'t•6• .f E6 SEEP si i~ Ys 6 *~s 3 1 ~y4 ~S >s~ ~ e i a=p § & If s,i~ f.a sE~ sE s gg €3 F p ~ C e e qq. ~ F F I ! ~ F 6 r~ O ~ m ~fC~ N. 0 Vim, o^z 2 ~m m o~oi d J N-Ni 6 ~~m0• ~'~•m o[ Q h~~NJ~ a 1 ~ Y 6 k ~3 !Fag F 2 r li t x c 6.B yeg~e F ' t i - I jij wl cF $YS! x = F ` ~E€ s ~ ~8~ 3i~ r a Hle 3 ~ ~iyssg E;i 6 f 6 E ~ g h h h ~ 2 F 2 ~ k k k ~ T I P i ~ e a s , e s S G c a/ ~a g ' ss ~0 , gsi gx ¢a L~ E r l, j! e . sx IRI s!5 aka ke ;X !f ix $ 1 Y s f a. f 3s 7; °"IqfE ~ A3 .6di ~3 .sib .ia 19 let. 'I I. 1 141 5 5 R"" k§ JImfl saw a Q 4 F Page 1 of 2 Grantee shall have a survey of the Easement Property, acceptable in form and substance to Grantor, prepared prior to Closing, said Easement Property being roughly depicted herein. Grantor and Grantee agree that the surveyed description of the Easement Property, as contemplated herein, shall be used as Exhibit "A" to this Deed Without Warranty at Closing without necessity of amendment of the Agreement. Page 2of2 sAlegahour documentskontracts\1IWeta street use license fiinal.doc EXHIBIT "D" TO AGREEMENT TO PURCHASE REAL PROPERTY STREET USE LICENSE TO USE CERTAIN CITY PROPERTY FOR RAIL CROSSING PURPOSES THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the City of Denton, Texas; a Texas home rule municipal corporation ("Licensor"), for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto Denton County Transportation Authority, a coordinated county transportation authority under Chapter 460 of the Texas Transportation Code ("Licensee"), its successors and permitted assigns, the right to enter upon (a) the lands described in Exhibit "A" attached hereto and incorporated herein by reference ("Licensed Premises") to construct, operate, maintain, repair, replace and expand rail crossing facilities over and across Sycamore Street including the right to construct, install, operate, maintain, replace, repair, inspect, reconstruct and remove the rail crossing within the Licensed Premises, including but not limited to one or more tracks and related improvements and equipment (including, but not limited to, equipment houses, rail control boxes, railroad crossing safety equipment, electrical lines, poles, conduit, transformers, generators and related equipment) and appurtenances in connection with and as a part of the operation and maintenance of the Licensee's passenger rail system (collectively the "Rail Facilities"), which grant includes the right to temporarily interrupt the free flow of rail, pedestrian, and vehicular traffic using the Licensed Premises to accommodate the free and safe passage of Licensee's trains through the Licensed Premises using the rail crossing; and (b) the adjacent lands within the public street right-of=way, as depicted on the "as built drawings" described below (the "Licensed Sign Premises"), necessary to accommodate and provide for the construction, maintenance, operation, repair and replacement of advance rail road signage and related poles and advance rail road markings on the surface of the street all incorporated herein by reference (together with the Rail Facilities, the "Overall Rail Facilities"). Licensee shall provide a discrete set of "as built drawings" of the Overall Rail Facilities, covering only the Overall Rail Facilities, to the office of the City Engineer of the City of Denton upon completion of construction pursuant to the terms and conditions of this agreement (the "License"). The set of discrete "as-built drawings" contemplated herein shall be titled: "Sycamore Street Rail Crossing - Overall Rail Facilities Layout", and be taken from the as-built drawings for the Denton County Transportation Authority plans for the project. sAlegallour documentslcontractsll lldcta street use license final.doc i. Section 1. Application. Licensor acknowledges and agrees that Licensee has submitted a complete application ("Application") for the License to Licensor's Development Review Committee ("DRC"), containing a plan accurately showing the proposed location, course and alignment of the proposed rail crossing(s) and a written application (the "Application"), which application shows the time, manner, means and method of the proposed construction. Licensor further acknowledges and agrees that the granting of this License constitutes acknowledgment that the Application has been approved. Section 2. Terms and Conditions. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood and agreed as follows, to wit: A. Term. This License shall expire and terminate fifty (50) years after the date of execution of this License by Licensor unless terminated earlier as provided hereafter. B. Ownership and Operations. Licensee agrees that it and its successors and permitted assigns shall own the Overall Rail Facilities at all times, and be solely responsible, at its sole cost and expense, for the construction, reconstruction, repair and maintenance of the Overall Rail Facilities within the Licensed Premises and Licensed Sign Premises and the street or roadway within the Licensed Premises. Licensee and Licensor each agree to provide the other notice not later than thirty (30) days prior to commencement of construction within the Licensed Premises and Licensed Sign Premises that will result in a disruption of traffic within the Licensed Premises and Licensed Sign Premises, except that repairs, replacement, or maintenance which, if not performed immediately, will reasonably result in damage to real or personal property and/or will. endanger the public health, the party responsible for the repair, replacement, or maintenance, need only to provide oral notice to the other party prior to performing such emergency repairs, replacement, or maintenance. Licensee shall comply with all laws, statutes, regulations, rules, orders and ordinances applicable to the ownership, maintenance and operation of the Overall Rail Facilities or occupation of the Licensed Premises and Licensed Sign Premises, including without limitation, those relating to safety or warning issues. - The portion of the street located within the Licensed Premises, including without limitation, the rail crossing area, shall be constructed, reconstructed, repaired and maintained at the expense of Licensee in accordance with all applicable ordinances and criteria adopted by the Licensor related to city streets. If in the future, Licensee shall change the grade of the Facilities to the extent the grade of the street area outside of the Licenses Premises must be altered, Licensee shall be responsible, at its sole cost, for all costs related to construction or reconstruction of the affected street area, both within and outside the Licensed Premises. C. Updating information. Licensee shall update permit application information within 30 days after changes occur. Page 2 s:llegallour documentslcontractsll I%dcta street use license fanal.doc D. As Built Drawings. Licensee shall provide "as built drawings" to the office of the City Engineer of the City of Denton after completion of construction of the Overall Rail Facilities. E. Licensee Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination. F. Licensor Option to Terminate. Licensor shall have the option to cancel and terminate this License for failure of Licensee to comply with any material provision or requirement contained in this License if Licensee has failed to cure any such non- compliance on or before the sixtieth (60th) day after delivering to Licensee written notice containing a detailed description of the provisions with which Licensee is in non- compliance and a description of the act, omission, or condition constituting such non- compliance; provided, however, the sixty (60) day cure period shall be extended (1) for any period of time during which an event of Force Majeure prevents Licensee from taking any action to cure the alleged non-compliance, or (2) for such period of time that Licensee is diligently pursuing cure of the non-compliance if such non-compliance cannot be reasonably cured within sixty (60) days. As prescribed herein, a Force Majeure event is a delay caused by reason of war, civil commotion, act of God, governmental restriction, regulation or interference (other than that caused or related to act of the Licensee), fire or other casualty, or any other circumstance beyond the Licensee's control. In the event Licensee shall claim force majeure, Licensee shall exercise its best efforts to eliminate the force majeure event, and shall provide notice to Licensor, as soon as reasonably practicable, but in no event to be later than two (2) business days after the occurrence of such alleged force majeure event, specifying (i) the description of such force majeure event and all relevant facts and circumstances related to such force majeure event; (ii) the period of time such force majeure event is anticipated to continue; and (iii) the actions and activities taken and/or to be taken by the Licensee to eliminate such force majeure event. G. Condition Upon Termination. Upon termination of this License, Licensee shall vacate the Licensed Premises and Licensed Sign Premises and remove the Overall Rail Facilities from the Licensed Premises and Licensed Sign Premises prior to such termination. H. Abandoned Overall Rail Facilities. In the event the Overall Rail Facilities are abandoned, Licensee shall notify the City Engineer as soon as practicable, and shall remove such abandoned Overall Rail Facilities from the Licensed Premises and Licensed Sign Premises within 120 days of such abandonment. As used herein, "abandoned" shall mean the cessation of use of the Overall Rail Facilities for the Overall Rail Facilities' intended purposes, as set forth herein, for ninety (90) consecutive days after the initial operation thereof. Page 3 salegallour documentkontractsll lldcta street use license final.doc I. City Inspection. Licensor retains the right to make visual, non-invasive inspections of the Overall Rail Facilities. J. Construction Upon Execution. Subject to the provisions of this License, Licensee shall have the right to begin construction of the Overall Rail Facilities upon the execution of this License by all parties hereto. Licensee shall obtain all applicable City permits prior to construction activities of any kind from the City Engineer, who shall have the right to approve the plans and specifications for the crossing of the right of way by construction activities, which approval shall not be unreasonably withheld or delayed. Except as may be permitted or authorized by this License or the Licensor, no street or highway in the City of Denton shall be blocked or obstructed during construction or regular maintenance after construction. K. Insurance. Licensee shall provide or cause to be provided the insurance described below upon execution of this License. a. _Commercial General Liability Insurance. This coverage must include premises/operations, products/completed operations, blanket contractual liability, broad form property damage, independent contractors and personal injury and where the exposure exists, explosion, collapse and underground property damage. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. The insurance shall also include coverage for Environment Impairment. b. Automobile Liability Insurance. (1) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned vehicles. C. Worker's Compensation Insurance. In addition to the minimum statutory requirements: (1) Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against Licensor, its officials, agents, employees, and volunteers for any work performed for Licensor by the Licensee. (3) The Licensee shall comply with the provisions of Section 406.096 of the Texas Labor Code and 28 TAC §110.110 of the Texas Worker's Page 4 sAegallour documentslcontractsll lldcta street use license final. doe Compensation Commission to the extent such statute and regulation apply to Licensee. d. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of not less than Five Million ($5,000,000.00) annual aggregate. e. Indemnification. To the extent permitted by law, Licensee shall and hereby does indemnify, defend and hold harmless the Licensor, its officers, agents, elected officials and employees from and against all suits, damages, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of or related to (i) the operations of the Licensee, its agents, employees, contractors or subcontractors related to the rights granted herein; (ii) any action or omission of Licensee, its agents, employees, contractors or subcontractors related to the rights granted herein; (iii) breach of any term hereof; and/or (iv) the occupation of city owned property or property interests by Licensee, its agents, employees, contractors or subcontractors; and shall pay any loss, damage, claim and any judgment, with costs, which may be incurred by, occasioned upon or be obtained against the Licensor, its officers, agents, elected officials and employees growing out of or related to such injury or damage. f. General provisions (1) All policies shall be endorsed to read substantially as follows: "THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". (2) Commercial General Liability and Automobile Liability insurance shall be written by companies with "A" or better rating in accordance with the current AM Best Key Rating Guide. (3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as "Additional Insured" the Licensor and its officials, agents, employees, and volunteers. (4) Certificates of insurance must reflect all coverages and endorsements required by this section. (5) Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or with nonadmitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by Licensor. Page 5 sAlegahour documentslcontracts\1 ildcta street use license fmal.doc L. Subordination. This License is subordinate and subject to Licensoe's interests and the interests of any outstanding rights in the Licensed Premises and Licensed Sign Premises. Licensor reserves the right to use the Licensed Premises and Licensed Sign Premises and the airspace above the Licensed Premises and Licensed Sign Premises for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor under and over said Licensed Premises and Licensed Sign Premises, all with due regard for the operation requirements of the Overall Rail Facilities and provided such work does not unreasonably interfere with Licensee's use of the Licensed Premises and/or Licensed Sign Premises as provided herein. M. Conflicts. In the event of any conflict between the parties hereto such that either party brings or commences any legal action or proceeding related to this License, including, but not limited to any action pursuant the provisions of the Texas Uniform Declaratory Judgments Act (Tex. Civ. Prac. & Rem. Code §37.001, et. seq.), the parties hereto agree to waive any and all rights to attorneys fees to which the prevailing party might otherwise be entitled. N. Notice. Any notice or communication required in the administration of this License shall be sent by United States Mail, certified, return receipt requested, to the Licensor as follows: City of Denton Attn: City Manager of the City of Denton 215 E. McKinney Denton, Texas 76201 Any notice or communication required in the administration of this License shall be sent to the Licensee as follows: Denton County Transportation Authority Attn: President 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 With copy to: Nichols, Jackson, Dillard, Hager & Smith, LLP Attn: Peter G. Smith 500 N. Akard, Suite 1800 Dallas, Texas 75201 Notice shall be deemed delivered and received three (3) days after mailing as provided herein. The parties may from time to time change the person or address to whom notice is required to be delivered by providing written notice of such change to the other party. Page 6 s:llegallour documentslcontractOlldcta street use license final.doc 0. Non-Waiver of Police Powers. Licensor does not by the grant of this License waive any police powers it may have with respect to the placement, operation and maintenance of the Overall Rail Facilities, as such police powers currently exist and as may be enacted and/or amended in the future. To the extent not otherwise pre-empted by Federal or State law, Licensor retains regulatory authority over all health, welfare and safety issues, including without limitation, those that may arise in regard or related to the operation of its streets and rights of way. P. Non-Transferable Without Consent. The rights granted by this License inure to the benefit of the Licensor. The rights shall not be assigned or transferred by Licensee without the express written consent of the Licensor, by and through the governing body. Any required consent is to be evidenced by ordinance or resolution of the City Council of the City of Denton. Q. Waiver and Modifications. No waiver or modification of this License or of any covenant, condition, or limitation herein contained. shall be valid unless in writing and duly authorized and executed by the parry to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this License, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, and duly authorized and executed by the party to be charged therewith. R. Unenforceable Provisions. In the event that any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions of this License, and the License shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this License. S. Entire Agreement. This License and the exhibit attached hereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this License. T. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this License shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. U. Captions. The captions contained in this License are for informational purposes only and shall not in any way affect the substantive terms or conditions of this License. V. LAWS OF TEXAS. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. VENUE FOR ANY DISPUTE OR ACTION ARISING FROM OR RELATED TO THIS LICENSE SHALL SOLELY BE IN COURTS OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. ALL PAYMENTS AND ALL Page 7 s:liegallour documentslcontracts\1 lldcta street use license final. doc PERFORMANCES UNDER THIS LICENSE ARE PERFORMABLE IN DENTON COUNTY, TEXAS. Section 3. As Is. Licensee represents and warrants to Licensor that it has made an independent inspection and evaluation of the Licensed Premises and the Licensed Sign Premises and the title to same and the ability and legal authority of Licensor to execute and deliver this License and acknowledges that Licensor has made no statements or representations concerning the present or future value of the Licensed Premises and the Licensed Sign Premises, the state of title of the Licensed Premises and the Licensed Sign Premises, or the condition, including the environmental condition of the Licensed Premises and the Licensed Sign.Premises or the ability and legal authority of Licensor to execute and deliver the License to Licensee. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, THE NA'T'URE OF THE PAST OR HISTORIC USE OF THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, ABSENCE OF LATENT DEFECTS OF THE LICENSED PREMISES AND LICENSED SIGN PREMISES, COMPLIANCE WITH LAWS AND REGULATIONS AS RELATES TO THE LICENSED PREMISES AND LICENSED SIGN PREMISES, THE ABILITY AND LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE LICENSE. Licensee further acknowledges that, in executing and accepting this License, it has relied solely upon its independent evaluation and examination of the Licensed Premises and the Licensed Sign Premises, and public records relating to the Licensed Premises and the Licensed Sign Premises and the independent evaluations and studies based thereon. Licensor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Licensee, if any, whether furnished by Licensor or any third party. Licensor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Licensor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any and Licensee hereby releases such parties from and against any claims related to such matters. Reliance on any material so furnished shall not give rise to any cause, claim or action against Licensor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Licensee's sole risk. THE EXECUTION AND DELIVERY OF THIS LICENSE IS ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE LICENSED PREMISES AND THE LICENSED Page 8 s Alegahour documentslcontracts1111dcta street use license final.doc SIGN PREMISES AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, THE NATURE OF THE PAST OR HISTORIC USE OF THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, THE QUALITY, QUANTITY OR VALUE OF THE LICENSED PREMISES AND THE LICENSED SIGN PREMISES, FITNESS FOR PURPOSE, MERCHANTABILITY, OR ABSENCE OF LATENT DEFECTS OF THE LICENSED PREMISES AND LICENSED SIGN PREMISES, COMPLIANCE WITH LAWS AND REGULATIONS AS RELATES TO THE LICENSED PREMISES AND LICENSED SIGN PREMISES, THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS LICENSE, OR OTHERWISE. Licensee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests affected by this License. IN WITNESS WHEREOF, the parties hereto have executed this License in duplicate originals on this day of 2011. LICENSOR THE CITY OF DENTON, TEXAS, a Texas home rule municipal corporation By George C. Campbell City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 9 sAlegallour docurnentslcontractsll lldcta street use license final-doe STATE OF TEXAS § COUNTY OF § LICENSEE DENTON COUNTY TRANSPORTATION AUTHORITY, a coordinated county transportation authority By Jim Witt, Chief Executive Officer This instrument was acknowledged before me on , 2011, by Jim Witt, Chief Executive Officer of Denton County Transportation Authority, a coordinated county transportation authority, on behalf of said transportation authority. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2011, by George C. Campbell, City Manager, of the City of Denton, Texas, on behalf of said City. Notary Public, State of Texas My Commission Expires: Page 10 Exhibit "A" To Street Use License ~J N_ I U&S IC L J FPF -`rYLY " .IJ_ _ 13CC C L Tr 7h a MW A& III I III l _ Inc e; j; ' TFa~~r °I t! aPPRox i25' I N - - EXIST ' I I I RC'4 ~j II III ® I III f I I ~ alr.e 1111 --1 ! f f RS u=:~ y. I:I FAa F!FS y`, III 1~% RS 1 WI E 7r,L h.I rf _ ,r -J--- LL t. I I , 20' - _ _ i -C * - I - -I f»I SLL Y)TE:1I 2o'= FDR BIKE 1 PATH DOLLARD a - :m tiro F. ~ + DETAILS --Y 7 Ell 1 j7 77 w ~~J sera I I n ~L- [ R=-3 (I I I rya _ F I ~ e''r ~ ~ I III I1 I! I ' I I 6 11- L ' ~ i ~ I C I It :.:t LT III I I a I I j i t I I 1111 1 I'd -ry~l 3 I C I" l i ~ I I ITJ III I ! ~ I I 1 1 I I I I I F E... I iII 1~ ! 'I' ENp III I I , I I I IJ 'F: L '-FET r l i l i i i r r BOLLAR[. ,III i i Ali ' o I ~ 1 1 I l i iII 7F0 ~i l fl F) I Page 1 vt 2 I ~~rt Licensee shall have a survey of the Licensed Premises, acceptable in form and substance to Licensor, prepared prior to Closing, said Licensed Premises being roughly depicted herein. Licensor and Licensee agree that the surveyed description of the Licensed Premises, as contemplated herein, shall be used as Exhibit "A" to this License at Closing without necessity of amendment of the Agreement. Page 2 of 2 s,\legal♦ourdocuments\contracts\ll\dcta assignment and assumption agreement-final.doc EXHIBIT "E" TO AGREEMENT TO PURCHASE REAL PROPERTY ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "Agreement") is dated this date of , 2011, by and between the City of Denton, a Texas home rule municipality ("Assignor") and Denton County Transportation Authority, a coordinated county transportation authority under Chapter 460 of the Texas Transportation Code ("Assignee"). WHEREAS, on or about September 25, 2001, Union Pacific Railroad Company, as Lessor, leased approximately 4,000 square feet of real property, as more particularly described therein, to Trinity Industries, Inc., as Lessee (the "Lease"); WHEREAS, on or about November 2, 2001, Union Pacific Railroad Company assigned and transferred all of its right, title and interest in and to the Lease to Assignor; WHEREAS, Assignor has of even date hereof conveyed to Assignee certain real property, said real property containing the property covered by and included in the Lease, and desires to now transfer and assign, upon the terms set forth herein, the Lease; NOW THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor, has, subject to the terms and conditions herein, ASSIGNED AND TRANSFERRED and by these presents does ASSIGN AND TRANSFER, unto Assignee all of Assignor's right, title and interest in and to the Lease, said Lease being attached hereto and incorporated herein as Exhibit "A". Assignee represents and warrants to Assignor that it has made an independent inspection and evaluation of the lands covered by and included in the Lease (the "Property") and the title to the Property and the Lease and the ability and legal authority of Assignor to execute and deliver this Assignment and Assumption Agreement and acknowledges that Assignor has made no statements or representations concerning the validity or subsistence of the Lease, present or future value of the Property or the Lease, the state of title of the Property or the Lease, or the condition, including the environmental condition of the Property or the ability and legal authority of Assignor to execute and deliver the Assignment and Assumption Agreement to Assignee. ASSIGNOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE VALIDITY OR SUBSISTENCE OF THE LEASE, TITLE TO THE PROPERTY OR LEASE, THE DESCRIPTION, VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR s:\legal\our documentslcontracts\11\dcta assignment and assumption agreement-flnai.doc PURPOSE OF THE LEASE OR PROPERTY, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE LEASE OR PROPERTY OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE ASSIGNMENT AND ASSUMPTION AGREEMENT. Assignee further acknowledges that, in executing and accepting this Assignment and Assumption Agreement, it has relied solely upon its independent evaluation and examination of the Property and Lease, and public records relating to the Property and Lease and the independent evaluations and studies based thereon. Assignor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Assignee, if any, whether furnished by Assignor or any third parry. Assignor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Assignor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any and Assignee hereby releases such parties from and against any claims related to such matters. Reliance on any material so furnished shall not give rise to any cause, claim or action against Assignor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Assignee's sole risk. THE ASSIGNMENT OF THE LEASE IS ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE VALIDITY OR SUBSISTENCE OF THE LEASE, THE TITLE TO THE LEASE OR PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY OR LEASE, MERCHANTABILITY OR FITNESS FOR PURPOSE OF THE LEASE OR PROPERTY, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE LEASE OR PROPERTY, THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, OR OTHERWISE. Assignee has satisfied itself as to the title, type, condition, quality and extent of the Lease and Property. Assignee, for itself and its successors and assigns, agrees to (a) perform all of the obligations of Lessor under and pursuant to the Lease accruing after the date hereof; and (b) to the extent permitted by law, indemnify and hold Assignor harmless from and against any and all claims, causes of action and expenses (including reasonable attorney's fees) incurred by Assignor and arising out of or related to (1) Assignee's failure to comply with the terms of the Lease after the date hereof, and (2) claims under the Lease by the tenant named in the Lease, or its successors and assigns, accruing after the date hereof. All exhibits attached to this Agreement are incorporated herein for all purposes. This Assignment and Assumption Agreement shall inure to and be binding upon the parties, their successors and assigns. s:\legal\our documents\contracts\11\dcta assignment and assumption agreement-final.doc TO HAVE AND TO HOLD the Lease unto Assignee, its successors and assigns. This Assignment is made and accepted without recourse against Assignor as to the performance by any party under such Lease. Dated the 92011. ASSIGNOR: CITY OF DENTON GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ASSIGNEE: DENTON COUNTY TRANSPORTATION AUTHORITY, a coordinated county transportation authority By: Name: Jim Witt Title: Chief Executive Officer Exhibit "A" To IPI.ICATE ORIGINAL. Assignment and Assumption Agreement Fo erNo. 01997-14 udit No, 0 LEASE OF PROPERTY THIS LEASE ("Lease") is entered into on the ~ 5 day of S 2001, between UNION PACIFIC RAILROAD COMPANY ("Lessor") and TRINITY DUSTRIES, INC., a Delaware corporation, whose address is 617 East Sycamore Street, Denton, Texas 76201 ("Lessee'. IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: . Article I. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises"') at Denton, Texas, as shown on the print dated June 1, 2001, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for a fence encroachment area to protect Lessee's rail loading and unloading operations and for no other purpose. M Article II. TERM. The term of this Lease shall commence on June 1, 2001, and unless sooner terminated as ,provided in this Lease, shall extend for one year, and thereafter, shall automatically be extended from year to year. Article M. RENT A. Lessee shall pay to Lessor, in advance, rent of Two Hundred Fifty Dollars ($250.00) . annually. Article N. SPECIAL PROVISION- FENCE/BARRICADE Lessee, at Lessee's sole cost and expense, shall construct, and maintain, at all times during -the term of this Lease, a. fencelbarricade of a design satisfactory to Lessor, in the location shown on the attached Exhibit A. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. UNION PACIFIC l'LROAD COMPANY TRINITY INDU ES, INC. By: By: Printed Name: D & L~A. Lfl f Printed Name: a- Title: 5~. InAAIUM • ofaL 4~ Title: SWO-✓ r yr 4 -y . 1 ' !l~ 1t 2' Z fy~,g~ Prairie St. Crossing A A+ 7 t 5i op s t 1 +l GQZ e L d' so q 'a - RCP x24 t 2+ 3~ ~ ~ x k o ~l{ 0~ P92 r w 1 1 z p O ~f m T _ i ~M I i i I i 1 ~ N .A Lease Area: I 'Approx. 4,000 Square Feet -1 z a I ~ I. Ln . I . I Opp- 1915+85. 2 Track = 39 = 10+ 00 Pt. Sw. Track "A" I Sycamore St. Crossing NOTE: BEFORE YOU BEGIN ANY WORK, SEE • AGREEMENT FOR FIBER OPTIC PROVISION. I EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY DENTON,TX M.P. 721.7 - Denton Branch I Lease to TRINITY INDUSTRIES, INC. SCALE: I"= 100' REAL ESTATE DEPARTMENT 1 OMAHA, NE Date: June 1, 2001 I Folder: 1997-14 *LEGEND* Lease Area Shown .Yellow Hightii (RR)R/W Outlined INS LS 11/15/99 APPROVED, LAW EXHIBIT B Section I. IMPROVEMENTS. No improvements placed upon the Premises by Lessee shall become a part of the realty. Section 2. RESERVATIONS AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i). the exclusive right to permit third party placement of advertising signs on the premises, and (1i) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably. C. This Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew such outstanding rights. Section 3. PAYMENT OF RENT. Rent (which includes the annual rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this tease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes-are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill. B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount. Section 5. WATER RIGHTS. This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or destruction to the premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the Premises in a safe, neat, clean and presentable condition, and in good condition and repair. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard and all water flow shall be directed away from the tracks of the Lessor. a B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business. Page 1 of 6 GI-ILIA DWARIUOTORMSUHDIEASE.EXS.DM _ IND LS 111'15189 APPROVED, LAW C. If any improvement on the Premises not belonging to Lessor is damaged or destroyed by fire or other casualty. Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee Ws to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses-incurred within thirty (30) days after rendition of Lessor's bill. D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use (i) small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises and'(0) other Hazardous Substances, other than hazardous wastes as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et R29., as amended ("RCRA"), that are necessary for the conduct of Lessee's business at the Premises as specified in Article 1.. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use. g, In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (u) install any hazardous wastes as defined in RCRA onto the Premises, (iii) or use on the Premises -any underground storage tanks, or {'rv) store any Hazardous Substances within one hundred' feet (100') of the center line of any main track. C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by govemmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. tf requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. D. Without limitation of the provisions of Section 12 of this Exh bit B. Lessee shall -be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lesson's consent to such use, or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including. without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration; containment remediation, decontamination, removal, investigation, monitoring, closure or post-losure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the Premises, or (n) migrating from adjacent property not controlled by Lessee, or (lily placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or investigation undertalken by or at the behest of Lessee. Lessee shall have the burden of proving -by -a preponderance of the evidence that any exceptions of the foregoing to Lessee's responsibility for Hazardous Substances applies. E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during Xhe term of this Lease or any prior lease with Lessee for all, or any portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessors consent thereto, and that a release or other contamination fnay have occurred, Lessor may, at its election and at any time during the Iffe of this Lease or thereafter (1) cause the Page 2 of 6 . G;LAwAWY PARW-X)"o IND LS 11!15199 APPROVED.LAW or monitored for the'presence Premises and/or any adjacent premises aof Hazardous ubstance tosbe demo ed from the P e ses and any of any Hazardous Substance, (ii) cause any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation.of; or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Landlord reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved in advance by Lessor. F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance% "pollutant% "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 198o, 42 U.S.C. 9601, et se as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state • laws and regulations similar to or promulgated pursuant to either such Act, (i) any material; waste - or substance why is (A) petroleum, (8) asbestos, (C) flammable or explosive, or (D) radioactive; and {iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under federal, state or local law. Section 8. UTILITIES. A. Lessee will arrange and pay for all utilities and- services supplied to 'the Premises or to Lessee. B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. Section 9. LIENS. Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense. Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES. A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then-current clearance standards. g. Ali alterations, improvements or installations shall be at Lessee's sole'cost and expense. C. Lessee shall comply with Lessor=s then-current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirerhents shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance. Page 3 of 6 pRM5VNDLE c ~;~W~h~F ' IND LS 11/15/99 APPROVED, LAW section 11. AS-IS. Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claiims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) and arising from or related to (i) any use of the Premises by Lessee or any invitee or licensee of Lessee, (ii) any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or (iii) any breach of this Lease by Lessee. B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss caused by the sole, active and direct negligence of any Indemnified Party if the Loss (i) was not occasioned by fire or other casualty, or (ii) was not occasioned by water, including, without limitation, water damage due to the position, location, construction or condition of any structures or other .improvements- or facilities of any Indemnified Party. C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. Section 13. TERMINATION. A. Lessor may terminate this Lease by giving Lessee notice of termination, if Lessee (1) fails to pay rent within fifteen (15) days after the due date, or (ii) defaults der any other obligation of Lessee under this Lease and, after written notice is given by Lessor to Lesseespecifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given. B. Notwithstanding the term of this Lease set forth in Article 11, Lessor or Lessee may terminate this Lease without cause upon thirty (30) days' notice to the other party, provided, however, that at Lessoes election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the premises as required in Section 15A), at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Section 14, LESSOR'S REMEDIES. Lessor's remedies for Lessee's default are to (a) enter and tape possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 A) above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages. Page of 5 S%1NDLE SE.M.1= G u.wAO►awA>o+FOR~t IND LS 11/95199 APPROVED, LAW Section 15. VACATION OF PREMISES: REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, .Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, and restored the surface of the ground to as good a condition as the same. was in before such structures were erected, including, without limitation, the removal of foundations, the filing in of excavations and pits, and the removal of debris and rubbish. B. If Lessee has not completed such removal and restoration within thirty (30) days after termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (it) take title. to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (lit) treat Lessee as a holdover tenant at will until such removal and restoration is completed. Section 16. FIBER OPTICS. Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m.. Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried on the Premises. If cable-is buried on the premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16. the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. - NOTICES. Any notice, consent or approval to be givers under this Lease shall be in writing, and personally served, sent by reputable courier service, or sent by certified mail, postage prepaid, retum receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: Assistant Vice President - Real Estate, Real Estate Department, 1800 Famam Street, Omaha, Nebraska 68102: and to Lessele~a'l heraQ above shall s s, or such other address as a party may designate in notice given to the other party. be deemed served five (5) days after deposit in the U.S. Mail. Notices which are personally served or sent by courier service shall be deemed served upon receipt. Section 18. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessors consent shall be void and shall be a default by Lessee. B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically ter ninaW. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in f'neu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of L.estee`s personal property and fixtures, and the interruption of or damage to Lessee' business. Page 5 or 6 G~W0ZMMrq%iLo,F0RM DLEASEXXB.D0C IND LS 11115199 AppROVED. LAW Section 20. ATTORNEY'S FEES. attorney's €ees.he indemnity to Lease (i ceasing. without if either party retains an attorney to enforce this provisions of this Lease), the prevailing party is entitled recover nable Section 21 - ENTIRE AGREEMENT. This Lease is the entire agreement between the parties, and supersedes all other oral or written . Tht for the unilateral redetermination of agreements between the parties pertaining to this transaction. Except this Lease may be amended only by a written instrument signed by annual rent as provided in Article 111., Lessor and Lessee- f a page 6 d 6 o ,H sEVCeMOC GyLAWAOM,. WX~ N c; W E East Sycamore Street 6.4 "WIN - - - - - - - - - - - - - L 1 1 -nim m~ n Ca 5t Pr0ilrie Street y.. Denton Rail Station Tracts Location Map February 2011 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Finance all- ACM: Jon Fortune SUBJECT Consider adoption of an ordinance amending ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. BACKGROUND This item is closely related to an accompanying work session item that is also included on the February 1, 2011, City Council agenda. As detailed in the work session item, staff is proposing that the current duties of the Airport Advisory Board be reassigned to a new City Council Airport Committee and the Economic Development Partnership Board (EDPB). The purpose of this item is to provide the necessary ordinance to revise the membership and role of the EDPB and to rescind the ordinance that established the Airport Advisory Board. As described in the attached ordinance, the membership of the EDPB is proposed to increase by two members (from 7 to 9). One of the new members will be required to have knowledge or experience in general aviation related matters and must reside or work within the city. The other new member will be a citizen of the city who in the discretion of the City Council has specific knowledge, skills, and abilities that can assist with any or all of the functions related to the EDPB. In addition, the EDPB will be tasked with the following: ➢ Review, consider, and make recommendations to the City Council concerning Airport branding and marketing efforts. ➢ Outline Airport development incentive policies and make recommendations to the City Council concerning any development incentives as assigned by the City Council or requested by the City Manager. ➢ Leverage common community goals and create a synergy between the development of the Airport and the development of the overall community. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City Management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options presented, but they did not provide a formal recommendation to the City Council. Agenda Information Sheet February 15, 2011 Page 2 On December 7, 2010, City Management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. On December 13, 2010, the AAB held a special called meeting to discuss their potential response and recommendation to the City Council concerning the governance options that were presented by staff. As a result of this discussion, the AAB developed a letter that was forwarded to the City Council on December 14, 2010. In this communication, the AAB recommended that the City Council either: (1) table the item until more discussion could take place or (2) increase the size of the Airport Advisory Board from seven to nine members with one additional member coming from the Economic Development Partnership Board and one member coming from the Chamber of Commerce. On December 14, 2010, staff made a presentation to the City Council on the Airport governance options that were identified. The City Council elected to table the Airport governance discussion until the February 1, 2011 meeting since only four Council members were in attendance. On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that were presented by staff. On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance options. The focus of this meeting was to receive input and consider the views of the Airport tenants and shareholders. On January 24, 2011, a three member committee of the AAB met to consider drafting a response to the City Council on governance issues. Respectfully submitted: Bryan Langley Chief Financial Officer sAlegal\our documents\ordinances\10\edp amended ord.doex ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2003-258 RELATING TO THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ("THE BOARD") TO ADD TO THE MEMBERSHIP OF THE BOARD AND TO EXPAND THE DUTIES OF THE BOARD TO INCLUDE BRANDING AND MARKETING FOR THE DENTON MUNICIPAL AIRPORT IN SUPPORT OF THE DENTON AIRPORT 2010 BUSINESS PLAN AND TO FURTHER INCLUDE DUTIES RELATED TO AIRPORT ECONOMIC DEVELOPMENT INCENTIVES; REPEALING ALL CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the public interest to modify the Economic Development Partnership Board to encompass certain responsibilities concerning the City of Denton Municipal Airport; and WHEREAS, the City of Denton commissioned an Airport Business Plan study which was approved by the Denton City Council on November 16, 2010, which Plan recommended the modification of the Denton Airport governance structure to assist with vetting financial proposals for the Airport, as well as providing policy input related to targeted marketing initiatives and development; and WHEREAS, the Economic Development Partnership Board has a proven track record of effectiveness in the City of Denton with regard to reviewing and making recommendations to the City Council concerning economic development within the community; and WHEREAS, the Economic Development Partnership Board has proven particularly adept in the recruitment of business and development in the community; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as follows: ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Sec. 2-251. Creation, Members, Qualifications, and Tenure. A. There is hereby created a City of Denton board entitled the Denton Economic Development Partnership Board (the "Board"). The Board shall consist of nine members. The seven board members currently serving shall serve as originally appointed. The member, as described in Sec. 2-251 C.(5) below, shall be appointed to serve until the City Council shall make its 2012 board appointments. The member, as described in Sec. 2-251 C.(6) below, shall be appointed to serve until the City Council shall make its 2011 board appointments. Thereafter, five members shall be appointed for a two-year term in the even numbered years and four members shall be appointed for a two-year term in the odd numbered years. No member shall sAlegal\our documents\ordmances\10\edp amended ord.docx serve more than three consecutive terms except for the President of the University of North Texas ("UNT"), or his designee, who may serve unlimited terms. B. The Board members shall be appointed by the City Council and shall serve at the City Council's pleasure. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce ("Chamber") member to act as a nominating committee (the "Committee"). The Committee members are qualified for appointment to the Board. The City Manager and President of the Chamber will serve as ad hoc non-voting members of the Committee. The Committee will solicit nominations, contact nominees to relate duties and responsibilities and to confirm willingness to serve. The Board will solicit recommendations from the Chamber Board of Directors and the President of UNT. After evaluating the recommended nominees the Committee will present to the City Council a slate of Board nominees for City Council approval. C. Notwithstanding anything contained herein to the contrary the membership make- up of the Board shall consist of the following 1. Two members of the Board shall be City Council members at the time of their appointment to their original term. They may serve out all three terms, even if they are no longer members of the City Council after the original appointment as long as they continuously serve throughout the three terms. They must be residents of the City of Denton. 2. Two members of the Board shall be members of the Chamber Board of Directors ("Chamber Board") at the time of their appointment to their original term. They may serve out all three terms, even if they are no longer members of the Chamber Board after the original appointment as long as they continuously serve throughout the three terms. They must reside or work in the City of Denton. The Chamber Board will recommend the two nominees for consideration by the Committee and approval by the City Council. 3. Two members will be, or be employed by, a top twenty City of Denton ad valorem or sales tax payer. Such members must reside or work in the City of Denton. 4. One member will be the President of UNT or a UNT faculty or staff member designated by the President. Such member need not reside in the City of Denton and is not restricted to the three term limits. However, such member must be appointed by the City Council for each term. 5. One member will have knowledge or experience in general aviation- related matters and shall have no financial interest in matters at the Denton Municipal Airport. This member must reside or work in the City of Denton. Page 2 sAlegal\our documents\ordinances\10\edp amended ord.docx 6. One member will be a citizen of the City of Denton who, in the discretion of the City Council, has specific knowledge skills and abilities to assist in all or any one of the functions and responsibilities of the Economic Development Partnership Board. SECTION 2. Sec. 2-254 is amended to add a section F. as follows: Sec. 2-254. Duties and Responsibilities of the Board. F. The Board will review, consider and make recommendations to the Denton City Council regarding Airport Branding and Marketing to support the implementation of the Denton Airport 2010 Business Plan. The Board will review, consider and make recommendations to the Denton City Council regarding Denton Municipal Airport incentive polices, as assigned by the City Council or requested by the City Manager, and will act as a recommending body to the City Council for specific airport economic development incentives, as assigned by the City Council or requested by the City Manager and permitted by City and State law. SECTION 3. This Ordinance amends Ordinance No. 2003-258 and supercedes and repeals any provision of that ordinance, or any other, in conflict herewith; further this ordinance repeals Ordinance No. 97-299 and Ch. 3, Section 3-2 of the City of Denton Code of Ordinances. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY Page 3 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Finance Ael ACM: Jon Fortune SUBJECT Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. BACKGROUND This item is closely related to an accompanying work session item that is also included on the February 1, 2011, City Council agenda. As detailed in the work session item, staff is proposing that the current duties of the Airport Advisory Board be reassigned to a new City Council Airport committee and the Economic Development Partnership Board (EDPB). The purpose of this item is to provide the necessary resolution to create the Airport committee that is recommended. As described in the attached resolution, a new City Council standing committee called the Airport Committee is proposed. The committee is proposed to consist of three (3) City Council members that will be appointed by the Mayor and City Council. The purpose of the committee will be to provide recommendations to the City Council on matters affecting Airport operations as assigned by the City Council or requested by staff. The day-to-day operations will continue to be managed by the Airport Manager under this governance stricture. If the City Council elects to assign the above described duties to an existing Council committee in lieu of creating a new Airport committee, the agenda item caption will allow this change to be considered. The attached ordinance, however, has been written to establish the Airport committee as discussed above. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options presented, but they did not provide a formal recommendation to the City Council. On December 7, 2010, City management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff Agenda Information Sheet February 15, 2011 Page 2 recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. On December 13, 2010, the AAB held a special called meeting to discuss their potential response and recommendation to the City Council concerning the governance options that were presented by staff. As a result of this discussion, the AAB developed a letter that was forwarded to the City Council on December 14, 2010. In this communication, the AAB recommended that the City Council either: (1) table the item until more discussion could take place or (2) increase the size of the Airport Advisory Board from seven to nine members with one additional member coming from the Economic Development Partnership Board and one member coming from the Chamber of Commerce. On December 14, 2010, staff made a presentation to the City Council on the Airport governance options that were identified. The City Council elected to table the Airport governance discussion until the February 1, 2011 meeting since only four Council members were in attendance. On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that were presented by staff. On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance options. The focus of this meeting was to receive input and consider the views of the Airport tenants and shareholders. On January 24, 2011, a three member committee of the AAB met to consider drafting a response to the City Council on governance issues. Respectfully submitted: Bryan Langley Chief Financial Officer sAlegal\our documents\resolutions\11\committees reso 02151 Ldoc RESOLUTION NO. R2011- A RESOLUTION AMENDING RESOLUTION NO. R2009-015 TO ESTABLISH A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT MATTERS; ALTERNATIVELY, ASSIGNING SUCH DUTIES TO AN EXISTING CITY COUNCIL COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton deems it to be in the best interest of the City to create a standing committee of the Denton City Council on matters affecting the City of Denton Municipal Airport; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. R2009-015 is hereby amended to add Title VIII, as follows: TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE A. The City Council hereby establishes a standing committee to be called the City Council Airport Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for insuring that records are maintained in accordance with the requirements of the City Secretary's Office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on matters affecting airport operations as assigned by the City Council or requested by the City Manager, or his or her designee. SECTION 2. Title VIII. of Resolution No. R2009-015 is renumbered to Title IX. SECTION 3. All provisions of Resolution No. R2009-015 in conflict herewith are superceded and repealed. sAlegal\our documents\resolutions\l l\committees reso 02151 Ldoc SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider adoption of an ordinance to allow exclusive use of City property for an event at Williams Trade Square and Hickory Street between Locust Street and Bell Avenue for the sale and consumption of alcohol on City property contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have increase in decibel level to 75 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Thursday, March 10, 2011, and concluding at 12:00 midnight on Sunday, March 13, 2011; and providing for an effective date. Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project" which was provided to event organizers on January 24, 2011. BACKGROUND The fourth annual 35 Conferette (formerly known as NX35) is a four-day music conference featuring approximately 225 acts from around the United States. The Conferette takes place at eleven participating venues around the Downtown area. The concerts will be held on three stages: one located on East Hickory Street, one on Williams Trade Square parking lot, and one stage will provide free concerts on the County Courthouse lawn. The Williams Trade Square is City owned property located east of the Wells Fargo Bank building and currently serves as a bus transit location. Live performances begin at 4:00 p.m. and conclude at 10:00 p.m. on Thursday and Friday and from 2:00 p.m. until 10:00 p.m. on Saturday and Sunday. 35 Conferette is requesting an increase in sound from 70 decibels to 95 decibels and for amplified sound on Sunday. The 35 Conferette will feature nationally known bands as well as local talent. The Sunday headliner is Big Boi. Event organizers expect an audience of approximately 5,000 or more. Tickets will be available for purchase at the gate throughout the event. In 2010, NX35 requested an exception to the noise ordinance and it was approved for a level of 75 decibels at the North Texas Fairgrounds. Due to the anticipated large attendance during the headliner performance, the event was relocated to the North Texas Fairgrounds. No street closures or use of City property was requested. The Flaming Lips concert held at the Fairgrounds was free to the public. Agenda Information Sheet 35 Conferette February 15, 2011 Page 2 OPTIONS • City Council can deny any or all 35 Conferette requests • City Council can request to move the event to another location, such as the North Texas Fairgrounds • City Council can approve as requested, pending completion of all the "Schedule of Project" items. RECOMMENDATION Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project", which was provided to event organizers on January 24, 2011. It is recommended to approve a level of 75 decibels. This level would be consistent with the decibel level approved by City Council for the request by the Fry Street Fair held on Fry Street dated April 4, 2006. Staff also recommends that the event organizers be required to schedule acts on the main stage (Williams Trade Square) so that a 45 minute break in music occurs at 4:30 p.m. on Saturday and 3:00 p.m. on Sunday to minimize any noise conflict with two previously scheduled weddings in the sanctuary at First United Methodist Church at those times. ESTIMATED SCHEDULE OF PROJECT See Exhibit 2 PRIOR ACTION/REVIEW At the March 2, 2010, City Council meeting, a request for an increase of decibels was approved for up to 75 decibels for the concert held at the North Texas Fairgrounds. See Exhibit 3 for prior action by event organizers for the 2011 event. FISCAL INFORMATION Based on the current information, if the event organizers pay the police officers directly, the estimated total cost is $17,300.00 for 16 officers, one supervisor, and one lieutenant to handle the four-day event. If the officers are paid by the City at an overtime rate, the total cost is estimated at $25,300.00 for the four-day event. Based on the current information, the Fire Department estimates a total cost of $8,400.00 for five paramedics and two ambulances dedicated to the event for all four days. Agenda Information Sheet 35 Conferette February 15, 2011 Page 3 EXHIBITS 1. Ordinance 2. Schedule of Project 3. Prior Action 4. Letters of Request 5. Proposed Site Map 6. Proposed Traffic Control Map 7. Signatures for Street Closure Respectfully submitted: M.0wJ Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc ORDINANCE NO. AN ORDINANCE TO ALLOW EXCLUSIVE USE OF CITY PROPERTY FOR AN EVENT AT WILLIAMS TRADE SQUARE AND HICKORY STREET BETWEEN LOCUST STREET AND BELL AVENUE FOR THE SALE AND CONSUMPTION OF ALCOHOL ON CITY PROPERTY CONTINGENT ON A FULLY EXECUTED CONTRACT WITH AN APPROVED VENDOR; FOR AN EXCEPTION TO THE NOISE ORDINANCE TO HAVE INCREASE IN DECIBEL LEVEL TO 75 DECIBELS AND FOR AMPLIFIED SOUND ON SUNDAY; AND FOR THE STREET CLOSURES TO TRAFFIC BEGINNING AT 7:00 A.M. ON THURSDAY, MARCH 10, 2011, AND CONCLUDING AT 12:00 MIDNIGHT ON SUNDAY, MARCH 13, 2011; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of Williams Trade Square; and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages for at the 35 Conferette. Any sale and consumption of alcoholic beverages shall be subject to a fully executed contract with an approved vendor; and WHEREAS, by Ordinance No. 2009-062, the City Council amended the noise ordinance and exceptions were allowed as to sound levels and hours of operation when the public interest will be served thereby for outdoor music festivals; and WHEREAS, the 35 Conferette meets the definition of Outdoor Music Festival pursuant to Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the 35 Conferette has made application to the City Council for an exception to the provisions of Sections 17-20 of the Code regarding sound levels and time of use of amplified loudspeakers, in connection with the 35 Conferette annual event held at Williams Trade Square, Hickory Street, and the Courthouse lawn, and in connection with said request, has requested the exception to be granted for said annual event at said location for four days, March 10-13, 2011; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event, subject to the restrictions contained herein, would serve the public interest; and WHEREAS, Wallace Campbell, representing the 35 Conferette, is requesting that Hickory Street from Locust Street to Bell Avenue and surrounding streets within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 7:00 a.m. on Thursday, March 10, 2011, and opening at 12:00 midnight on Sunday, March 13, 2011, for the purpose of having the 35 Conferette; and WHEREAS, Wallace Campbell, representing the 35 Conferette, has assured the City that the tenants and property owners in this area have been contacted regarding the temporary closing of these streets; and WHEREAS, the 35 Conferette is open to the general public of the City and County of Denton; and Page 1 of 3 codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Hickory Street from Locust Street to Bell Avenue from the hours of 7:00 a.m. on Thursday, March 10, 2011, through 12:00 midnight on Sunday, March 13, 2011; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to §17-20 of the Code of Ordinances, the 35 Conferette is hereby granted an exception to Section 17-20 limitation, for a period of four days, upon the time periods and sound level for outdoor music festivals, subject to the conditions listed below: 1. This exception is granted only in connection with the operation of the -1 35 Conferette annual event at Williams Trade Square, Hickory Street and Courthouse lawn for four days between March 10 through March 13, 2011. 2. The 35 Conferette agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event. 3. The 35 Conferette agrees to cease exceeding the sound levels of Section 17-20 at 10:00 p.m. for each night beginning Thursday through Sunday, March 10 through March 13, 2011. 4. Under no circumstances shall the annual event permit sound levels exceed the requirements of Section 17-20 of the Code between the hours of 10:00 p.m. and 7:00 a.m. 5. The 35 Conferette shall discontinue amplified sound on the main stage for 45 minutes during the two weddings held at the First United Methodist Church; one on Saturday, March 12, 2011, at 4:30 p.m. and the second one on Sunday, March 13, 2011, at 3:00 P.M. 6. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compensation, for any reason at all, or for no reason. 7. This ordinance shall be strictly construed as an exception granted pursuant to § 17-20 of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. Page 2 of 3 codad globalagendas` neighborhood sv cs`2011 agenda itemsfebruarc 2011`.febiuary 15 - 2011`.5a - pard - 35 conferette 2-15-11`2-ord-35 conferette ordinance 2-15-11.doc SECTION 2. A portion of Hickory Street from Locust Street to Bell Avenue, public streets within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic between the hours of 7:00 a.m. on Thursday, March 10 through 12:00 midnight on Sunday, March 13, 2011 for the purpose of having the 35 Conferette provided, however, that the following condition be met by the 35 Conferette: 1. The 35 Conferette will remove all trash and debris from the streets and the parking lot areas after the 3 5 C onferette. 2. The 35 Conferette will be responsible for all barricades and signage required during the street closures. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 of 3 EXHIBIT 2 Schedule of Project Schedule of Project provided to event organizers on January 24, 2011. The following items are pending as of 2/9/11 (due dates are in bold text): 1. Street Closure Request ➢ Signatures from residents to approve or oppose the street closures. 2/3/11 (A portion of signatures have been submitted but not all. Need traffic control plan before street closure can be approved and to determine what businesses and residents need to be contacted for their input). 2. Insurance - Required for events held on City property. Insurance will need to cover the consumption and sale of alcohol and show the City of Denton as Additional Insured. 2/14/11 3. *Tent/Canopy Permit - Required for any tents larger than 200 square feet and canopies larger than 400 square feet. 2/14/11 4. Paramedics/First Aid - Required for any large event. Number of paramedics to be determined once the final map is submitted and the Carnival and Fairs permit has been received. 5. *Security -Required for any event held on City property with alcohol involved. 2/25/11 6. Revised Event Map 2/7/11 (Revised map needed) ➢ Required for the Fire Department to determine the maximum crowd capacity for the fenced area. ➢ Required in order to determine the number of police officers and paramedics needed to provide for emergency response and location of command post. 7. One week prior to event, a map with the following information is needed: ➢ List of vendors and locations on the map - in the event of an emergency, the Fire and Police departments need to know the exact location of vendors and booths. ➢ List of vendor locations is needed for the Health Department to issue food permits to vendors. ➢ Location of dumpsters. ➢ Location and number of portable toilets. 8. Confirmation from the Denton County office that the use of County lawn has been approved. Request must be placed on the Commissioners' meeting agenda for approval. 2/14/11 Confirmation from the Denton County offices that the use of additional County parking areas has been approved. 2/14/11 Required by City Ordinance EXHIBIT 3 PRIOR ACTION/REVIEW DATE ACTION 12/17/10 Wallace Campbell, logistics coordinator with 35 Conferette, contacted the City's Community Events Coordinator, Janie McLeod, regarding the procedures and documents needed for a special event. 1/5/11 Event organizers met with city staff and discussed the plans for the event and the street closure on Hickory Street for the four day event. 1/6/11 Event organizers met with city staff who are involved with the event planning process and discussed the event locations, the need for a traffic control plan for the street closure, and a safety plan. 1/13/11 Event organizers met with the Downtown Task Force to discuss the proposed street closure and the plans for the event. 1/19/11 The traffic control map was received and submitted to the Fire, Police, and Streets departments for their review. The map did not address the side street access and could not be approved as submitted. Resubmitted map was received on 1/21/11 and is currently under review. 1/20/11 City staff met with the event organizers to discuss necessary steps and deadlines in order to process the required approvals. 1/27/11 Submitted: ➢ Location of fencing around event area ➢ Location of the stages Staff received confirmation from Wells Fargo Bank that the use of their parking lot has been approved. 2/3/11 Event organizers informed staff that Wells Fargo Bank requested Austin Street remain open. A Letter of Request was received for exclusive use of City property for an event held at Williams Trade Square; for the sale and consumption of alcohol on City property; for an exception to the Noise Ordinance to have increased decibel levels and for amplified sound on Sunday; and for the street closures. Carnival and Fair Permit was submitted and the fee paid. The Safety Plan and Contingency Plan were submitted for approval. 2/9/11 Confirmation from DCTA that bus service located at Williams Square can be redirected for the duration of the street closure. 2/14/11 (Verbal confirmation received from Mark Nelson on 2/9/11). Exhibit 4 COPlFERETTE The 35 Conferette LLC is requesting a variance for the sale of alcohol on City of Denton Property for the dates March 10-13, 2011. During this time alcohol sales will occur on Williams Trade Square and adjoining Hickory Street property. The sales of alcohol will be conducted by the Denton Animal Shelter Foundation. All persons selling alcohol are TABC certified. Proceeds from sales will go to the DASF which is a non-profit organization. Wallace Campbell Director of Operations 35 Conferette 940 231-8210 The 35 Conferette is requesting a noise variance for the dates March 10-13, 2011. The request is for an outdoor music festival being held on the Williams Trade Square and adjoining Hickory Street. The 35 Conferette is requesting the allowance of a noise level no louder than 95dbA between the hours of 4- 10pm Thursday and Friday and 2-10pm Saturday and Sunday. Walla a Director of O erations 35 Conferette 940 231-8210 Exhibit 5 Exhibit 6 I { iS PULI O r i t S is Ilassny in m L - II - Z 0 1 i w T, i5 uuel~ uu IS leuisnpui Exhibit 7 y tY_ 3 C O),P7 DRIN Street Closure Signature Sheet f y~~~``C, . - ASS j~ ALL property mwQrs and/or tenants afkted by the street closure 1-tl.?S t' be contacted- informed or the 1 proposed street closure. and indicate their favor or opposition by completing the signature sheet hk:i,n%. 11' additiwoul sheets ;m; needed, please photocopy this form. A map ol'streets to be closed is attached, 1)we: 11-311 ~A(/ Times: Ars~ ' -Name of l'roperty Address of Affected Signature of Property Favor / oppose Owned Tenant Property Owner/Tenant Street Closure Please use a different sheet iur each strcct requested to he c€ ed (es. Signatures liu• Street A on one page, Street B ,ignatures on ozic page, etc.) i. ~ 0 lal S. _ l UGc LY d-aUOlz 3. 0 4,fVZzti~5 _e 5f9~q~- I ! 11e... ~ -.?AL tr ~ auo-r~ c~~ 6. 7. -rav, _ d o - t PIE,- Fu lo.S-rbkF,UEF PAVRA-G1-1%J-F VVOP-'RC AIL-vT~~~~_ Signal nd,trarlie control plan nJOS' tohe submitted t l 14 dnys prior to event. evi d'~'69 Jam, t 2-ItA 11tcl~t~r S -Fovor ) ll I l-d ~t a~ 1~i C~ 2 ~ r`~i~G©L Aah"4~ T , ~eV 1~ PclCcZ/ f~L ~~vi ~t :r-1Z4~VA- w~l P~ 's I~~I f 31 l E, g1 clk"~ /QC'/1,"~ ` . « 6ibFE 11 ti. .b+'.`EJ`$4 ~C} ~Si ~ s~ f 1 f i a s u rb: r"~ l1 't"K.1s h ~<t ,t=~li,# lip t'Vl"III. AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT -1411 E. University Drive (ZIO-0007) Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (ZIO-0007) The Planning and Zoning Commission recommends approval with an overlay district (3-2). Due to more than 20% opposition from the land area within 200 feet of the request, a supermajority vote (3/4) is required by the City Council to approve this item. PROPOSAL The applicant (Spring Brook Planning Group) desires to rezone the property- to allow for the uses permitted within the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with the addition of a restrictive overlay. The applicant proposes to allow all permitted uses within the NRMU-12 district except for Laundry- Facilities. The restrictive overlay addresses buffering along the site's northern property boundaiy and architectural standards. These restrictions -,were added by the applicant to attend to concerns of the surrounding neighborhood discussed at four neighborhood meetings regarding transition and compatibility of adjacent single-family uses. A summaiy of the neighborhood meetings is provided in Exhibit 7. BACKGROUND This item was continued from the February 1, 2011 City Council meeting. The continuation was due to bad weather. The subject site is developed with one single-family home and is currently unplatted. This rezoning proposal was considered by City Council on December 7, 2010 via a public hearing. During the public hearing, many of the overlay restrictions proposed by the applicant were discussed, during which some amendments were proffered. After closing the public hearing, the City Council continued the case to a date certain of February 1, 2011. One of the purposes of continuing the case was to allow for the revision of the overlay restrictions that were agreed to by the applicant at the public hearing. These restrictions included identifying specific architectural standards for the buildings and fencing the backyard of the property. The continuation was also to enable the applicant to further discuss the overlay restrictions with the community and possibly arrive at a consensus. City Council Staff Report Page 1 of 45 8''011 4 05 4' PM Case#: Z10-0007 PRIOR ACTION/REVIEW 1. City Council 2. City Council 3. Planning and Zoning Commission OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. February 1, 2011 December 7, 2010 October 20, 2010 RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this rezoning request, subject to the overlay district (3-2). The Development Review Committee recommends APPROVAL of this rezoning request, with the restrictive overlay conditions offered by the applicant. EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Site/Subdivision/Development Plan 6. Letter from the Applicant 7. Neighborhood meeting summaries 8. Notice of Public Hearing Responses 9. Site Photos 10. October 20, 2010 P&Z Meeting Minutes 11. Ordinance Prepared by: 1 Nana Appiah, AICP Senior Planner Respectfully submitted: ij~XEA Marls Cunningham, AICP, CPM Planning and Development Director City Council Staff Report Page 2 of 45 8 '3011 4 05 43 PM Case#: ZIO-0007 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: October 20, 2010 TYPE: Rezoning CC Date: February 15, 2011 PROJECT Z10-0007 February 1, 2011 December 7, 2010 Project Number: Z10-0007 Request: Rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. Applicant: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 Property Owner: Location: Size: Zoning Designation: Future Land Use: Case Planner: P&Z Recommendation: DRC Recommendation: Summary of Analysis: John Porter 1111 Emerson Lane Denton, TX 76209 The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380). 6.836 acres Neighborhood Residential 3 (NR-3) Existing Land Use Erica Marohnic, AICP The Planning and Zoning Commission recommends APPROVAL of this rezoning request, subject to a restrictive overlay district The Development Review Committee recommends APPROVAL of this rezoning request, subject to a restrictive overlay district. The subject site is developed with one single-family home on approximately 6.836 acres. The site is unplatted and has a zoning district of Neighborhood Residential 3 (NR-3), which it received in February 2002 during the city-wide rezoning and adoption of the Denton Development Code (DDC). Prior to NR-3, the zoning district was One-family dwelling district 10 (SF-10). Permitted uses within the SF-10 district were limited to single-family homes, some civic uses and religious institutions. City Council Staff Report Page 3 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 The overlay restrictions proposed by the applicant include a solid fence between any proposed use on site and the existing Crescent Heights subdivision to the north. Per the DDC, a type "C" buffer, 15 feet wide with combination of trees and shrubs, would be required between a commercial use and the existing residential. The applicant is proposing a 15-foot buffer regardless of the ultimate use. The buffer will include a 6-foot tall solid fence with evergreen and deciduous trees; however, there will be no shrubs present. The applicant also proposes to further restrict uses within 150 feet of the northern property line to only single-family, professional service and office uses. The architectural standards proposed by the applicant exceed current standards for commercial and multi-family strictures required in Subchapter 13 of the DDC. Specific types of windows, roof pitch and shingle types are stated. Additionally, height is proposed to be limited to one- story, well below the maximum allowed in the NRMU-12 zoning district. Given the location of the subject property along a major arterial and the configuration of the site, it is staff's opinion that the future development potential of the property being consistent with the neighboring single-family residences is unlikely. The rezoning request to allow for a more intense zoning district at the intersection of an arterial and collector roadway is indicative of the trend towards mixed use and commercial development that can be supported by the surrounding area. Existing commercial uses are found east and west of the site along University Drive. Findings of Fact 1. The request is for a rezoning on approximately 6836 acres from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use 12 (NRM(J-12) zoning district with a restrictive overlav. The subject property is located at the northeast corner of Glemrood Lane and East University Drive (U.S. 380). 2. The subject site is developed with one single family home and is rrnplatted The former Zoirlirg district 11'aS One far??ilv cArelling district 10 (V-10) prior to the, city-iride rezoning in 2002. 3. The sitNect site is frith n the Existing Land U.se f itnre land rise category ichich inchides existing residential rises and neir infill compatibility. Nell' develops??ent should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods irithin the city be vigorously protected and preserved Housing that is compatible with the existing density, neighborhood service and commercial land rises is alloired -l. The NR-3 and NRMU-12 zoning districts are irithin the Neighborhood Residential group of zoning districts whose intent is to preserve and protect existing neighborhoods to ensure that anv nely development is compatible with the existing land uses, patterns and design standards. This district has seven zoning districts irithin its land nse category. These include Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRM(J-12) and Neighborhood Residential Mixed Use (NRM(J. City Council Staff Report Page 4 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 5. Adjacent zoning districts include Neighborhood Residential 3 (NR-3) to the north, Downtown Commercial General (DC-G) to the west, Neighborhood Residential Mixed Use 12 (NRMU--12) to the south and Neighborhood Residential 3 (NR-3) to the east. 6 There are no planned public improvements for potable water, sanitary sewer, drainage or transportation facilities serving the subject site in relation to this request. 7. Glenwood Lane is classified as a Residential Avenue Collector requiring 65 feet of right- of-way per the City of Denton's Mobility Plan. Glenwood Lane is constructed of asphalt and is considered unimproved per the Transportation Criteria Manual. 8. University Drive is classified as a Primary Major Arterial requiring 135 feet of right-of- way per the City of Denton's Mobility Plan. Water is available firoium a 6-inch amain along Glenwood Lane. 10. Sewer is available by installing a 6-inch amain eastiward from the property to the existing 8-inch main on Recluwood. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. The Development Review Committee recommends APPROVAL of this rezoning request, subject to the following restrictive overlay conditions. The most recent changes since the December 7, 2010 City Council public hearing, and changes to the P&Z recommendation are shown as either or in underlined font: 1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site as described in Exhibit A of the ordinance, except for Laundry Facilities. a. The only strictures allowed within 150 feet of the northern property line shall be professional service and office uses. Parking is permitted within 20 feet of the northern property line. 2. An eight-foot ~eat~ high solid screen fence (good side out) shall be installed per the requirements of the Denton Development Code, constricted with steel posts and decorative caps, in the locations specified within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constricted in accordance with Section 35.13.9 of the Denton Development Code. b. The fence shall be constricted in the required buffer yard adjacent to the property line in lieu of the required buffer shrubs. c. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. d. If the fence is constricted of wood, the wood shall be cedar. 3. In the event that single family detached, single-family attached or duplex strictures are City Council Staff Report Page 5 of 45 8''011 4 05 4' PM Case#: Z10-0007 not developed adjacent to Glenwood, a 6-foot high wrought iron style fence shall be installed per the requirements of the Denton Development Code in the locations specified within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constricted of tubular steel. b. A "Type C" buffer shall be planted adjacent to the fencing in accordance with Section '15. 13.8 of the Denton Development Code. c. Perimeter fences are not required where they interfere with access roads and driveways. 4. The following architectural standards shall be incorporated into proposed buildings: a. Architectural elements such as prominent entries, offsets or recesses along all sides, decorative wall and roof vents and gable features shall be incorporated into the design of buildings; b. All windows shall be Double Insulated windows with thermal break and no mirrored glass; c. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12; d. New buildings shall incorporate alternating roof plate heights; e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle; f The exterior of all new strictures shall be constricted of . w* one hundred percent (100%) masonry (excluding doors windows, dormers and trim). For the purposes of this ordinance masonry includes brick, stone and stucco; and g. Building height shall be limited to one story and shall not exceed thirty-two (32) feet. 5. Exterior lighting shall be shielded so as not to shine onto adjacent properties. 6. All trees planted in the buffer yards shall be a minimum of four inches (4") to six inches (6") dbh and a minimum of twenty feet (20') high. GENERAL NOTES A-OTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. A-OTE: All written comments made in the application and subsequentsubmissions of'information made during the application review process, which are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. City Council Staff Report Page 6 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Surrounding Zoning Designations and Current Land Use Activity: Northwest: Neighborhood Residential 3 (NR-3); Single family residential North: Neighborhood Residential 3 (NR-3); Single family residential Northeast: Neighborhood Residential 3 (NR-3); Single family residential West: East: Doirntoirn Commercial / • • / / ' / / Neighborhood Residential 3 General Single- / (NR-3); Single family family residential residential commercial development Southwest: South: Southeast: Doirntoirn Commercial Neighborhood Residential Neighborhood Residential General Multifamily ✓ Mixed Use 12 (NRM(J--12); Mixed Use 12 (NRM(J--12) & residential & commercial Multifamily residential & Neighborhood Residential 3 development undeveloped property (NR-3); Single farm ly residential Source: City of'Denton Geographical 11#6nnatior System and site visit by City staff' Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The subject site is located in the "Existing Land Use" future land use designation. These areas are typically established residential areas, which new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. New residential, neighborhood services and commercial uses would be consistent with the future land use designation and therefore the Denton Plan. B. Land use analysis There is currently 1,170.61 acres designated NRM[_7-12 in the City. Of these, 1,170.61 acres designated NRMU-12 in the City; 1,069.87 acres are shown to be developed (91%), according to the City of Denton GIS. The differences between the NR-3 and NRM[_7-12 districts primarily relate to the allowance of some commercial uses with size restrictions within the NRMU-12 district which are not currently allowed within the NR-3 district. City Council Staff Report Page 7 of 45 8 '3011 4 05 43 PM Case#: ZIO-0007 The following tables illustrate the differences between the NRMU-12 and NR-3 districts: Categories Residential Land Use Agriculture 12 P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units L(1) SUP L(1) Attached Single Family Dwellings P SUP Dwellings Above Businesses P N Live/Work Units P N Duplexes P N Community Homes For the Disabled P P Group Homes SUP N Multi-Family Dwellings L(4) N Manufactured Housing Developments N N L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. City Council Staff Report Page 8 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Commercial Land Use Categories Home Occupation 12 P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast L(10) N Retail Sales and Service L(15) N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices L(14) N Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N ***Laundry Facilities N N Equestrian Facilities N N Outdoor Recreation SUP P Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N Temporary Uses L(38) L(38) ***The applicant proposes to eliminate Laundry Facilities as a permitted use within the restrictive overlay district. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. City Council Staff Report Page 9 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Industrial Land Use Categories Printing / Publishing 12 N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells SUP L(27) SUP L(27) City Council Staff Report Page 10 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Institutional Land Use Categories Basic Utilities 12 L(25) L(25) Community Service P N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges L(15) SUP Business / Trade School N N Adult or Child Day Care P SUP Kindergarten, Elementary School P SUP Middle School P N High School N N Colleges N N Hospital N N Elderly Housing L(13) N Medical Centers N N Cemeteries N N Mortuaries N N City Council Staff Report Page 11 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 35.5.2.3 General Regulations. General regulatiorns of the Residential Neighborhood larnd use zone are contained Ili the table beloNv: The folloNving limits ipply to subditi-isioa of 2 acres of less: General Regulations Minimum lot area (square feet) NRA 32,000 NR-2 16,000 NR-3 10,000 N RA 7,000 NR-6 6,000 NRMLl- ~ 12 3,500 NRMU 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 1!00 feet 100 feet 80 feet 80 feet 50 feet 80 feet 50 feet Minimum front yard setback 20 feet 20 feet 15 feet L(2) 20 feet L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 16 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The follo-,, ing limits gppli to subdivision of inore than 2 acres in lieu of miaiairaai lot size and diaieasiora recluifenleats: General Regulations NRA NR-2 NR-3 N RA NR-6 NRMU- 12 NRMU Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings The follo-WAig Lmits apply to all builditngs: General Regulations NRA NR-2 NR-3 N R-4 NR-6 NRMU- ~ 12 NRMU Maximum lot coverage 30%p 30% 50% 60% 60%p 60%0 80%0 Minimum landscaped area 70%fl 70%© 55% 40%Q 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 footfor foot for foot for footfor foot for footfor foot for each each each each each each each Minimum yard when abutting a single- foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet C. Current Zoning District Allocation Subject Property Zoning allocation 6.836 f acres Current Allocation in the Cite Developed Allocation in Change Based Upon the Cite Request Neighborhood Residential Mixed 1,170.61 1,069.87 (91%) +6.836 Use 12 (NRMU-12) Source: City ofDelrtor City Council Staff Report Page 12 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Nearest Elementary, Middle, and High School Name of School Approximate Distance From Sub'ect Property Project's Estimated Annual Student Generation Wilson Elementan- School 2.6 mif Unable to determine, no unit count proposed. Strickland Middle School 2.4 mi f Unable to determine, no unit count proposed. Billy Ryan High School 7 mi f Unable to determine, no unit count proposed. The applicant has not identified a unit type or total and therefore a student generation total cannot be determined for the proposed rezoning. Nearest Fire, and EMS Station Name of Station I Approximate Distance From Fire/EMS Fire Station #4, 2110 E. Sherman Drive 3.2 mi f Source: Cite ofDerrtorr GIS; Fire Department, a1id E-AP; Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Estimated Impact Analysis fProposed Demand (6.836 f Acres) Adequate to Serve (Yes or No) Permitted Densit-v 12 units per acre See below Potable Water 77 Marginal Consumption (GPD) Wastewater 9 yes Generation (GPD) B. Available Capacity: Water service is available from an existing 6-inch main along Glenwood Lane. This existing main is inadequate to satisfy fire flow demands for development associated with the requested rezoning; offsite improvements would be necessary to resolve this issue. Sewer service is available by installing a 6-inch main eastward from the property to the existing 8-inch main on Redwood Place. The applicant will have to acquire a public utility easement (PUE) corresponding to the off-site property that this main would cross. C. CIP Planned Improvements: There are currently no planned water or sewer CIP projects for this area. City Council Staff Report Page 13 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Roadways/Transportation Network: A. Estimated Demand: Estimated Impact Analysis Proposed Demand (6.836 f acres) Adequate to Serve (Yes or No) Permitted Density 12 units per acre Yes Average Annual Daily Trips (AADT) 700 Yes PM Peak Hour Trips 70 Yes Per Section 35.20.4.13 of the DDC, access to University Drive is not permitted unless no other reasonable means of providing safe access to the property are available. The applicant will be required to provide trip generation calculations to determine if driveway access onto University Drive may be permitted per Section 34-115(3) of the COD Code of Ordinances at platting or seek a variance. A traffic impact analysis (TIA) may be required depending on the trip generation data in accordance with the DDC, Section 35.20.2.M.2. Constriction of a 5-foot wide sidewalk is required along University Drive frontage at the time of development. Any constriction along University Drive right-of-way will require a TXDOT Permit. A large portion of the site's frontage of Glenwood Lane is classified as unimproved per DDC, Section 35.20.2.L.3.a. Therefore, at the time of development, constriction of a 25-feet wide concrete/asphalt pavement, 8-foot wide sidewalk, curb and gutter, and required drainage improvements will be required along Glenwood Lane frontage (DDC, Section 35.20.2.L.2). B. Available Capacity: There is adequate capacity in the roadway infrastructure serving the site. C. Roadway Conditions: Glenwood Lane is unimproved along the site's frontage. At the time of development, the applicant will be responsible for improving Glenwood Lane frontage to City Standards. University Drive (U.S. 380) is in good condition. D. CIP Planned Improvements: There are currently no planned transportation CIP projects for this area. Environmental Conditions: A. Surface Water: There is no surface water present on site. B. Environmentally Sensitive Areas: There are no environmentally sensitive areas present on site. City Council Staff Report Page 14 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Wells (Public/Private): The City water system will be required to be utilized to meet potable water and fire flow requirements. Airports: The subject site is not within the ACLUD boundaries. Electric: Denton Municipal Electric (DME) has sufficient capacity to support this project. Park Facilities: A. Name of park facilities currently serving this area: a. Sequoia Park, 220 feet to the south. b. Nette Shultz Park, 1,500 feet to the northeast. c. Texas Woman's University Golf Course, 670 feet to the southwest B. Type of services within the area: Parks listed are neighborhood parks within '/2 mile radius which include playgrounds, playfields, play courts, walking trails, open space, and picnic facilities. Comments from other Departments: Not applicable. City Council Staff Report Page 15 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 1 Site Location/Aerial Map 41 its , i St11), ect Site , , h j - Al~ 'to a t 1 -0007; Legend 1411 East University Drive 0 115 23 C Fee= 6,tv City Council Staff Report Page 16 of 45 '8'0114 05 a3 PM Case#: Z10-0007 Exhibit 2 Existing Zoning Map +~REEhI P;+._:~nC Z10 0007, N Legend 1411 East University Drive 0 116 230 460 690 Centerline 0 parcels 920 FeE City Council Staff Report Page 17 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 3 Proposed Zoning Map r L T, r, 1~ 7 ij 1~-G DC-G DR-2 i' FEE k, J N J,, r TA~,J E'.~rn]L E Legend Centerline parcels Subject Site NRMU~12 Z10-0007; 1411 E University Avenue 400 200 0 400 Feet A City Council Staff Report Page 18 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 4 Future Land Use Map i vUntown niversity Cor I ryry N Z1 0'0007; Legend 1411 East University Drive 0 115 230 460 690 Centerline parcels 920 m Feet City Council Staff Report Page 19 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 'a e a 0 A 0 m= I m 's r~ W 'y 'uo U rl ra b+ /1IISJanIUn 1-,03 LOO-DI7 I, n 5 s I~ it Q~11~~. S1 nY, y ~Z ! IT, 1 II ~ 1 t ~ 1 1&~ S f t II WI i I ' 1~ r LJ O O ro W O O O N d U C 0 a P, U T o U Po Exhibit 6 Letter from the Applicant ~ i~riri g. 0 March 3. 2010 Mr. Ntark Cunninnharr. AICP Director of k lane in a r -1 E -velopment City (J Eerti>n 22'1 '1 E! i r Denton, TX 6201 Dear ~lr 1 rirrir i aria, Re: 2 nit i '"n i -Iment application for 6-8± acres generally located u, the northeast corner of E- Ur and commonly referred to as `1411 E r .er Er-, in the City of Denton, T-,as. (14"x'1 E i'i i ~rsity Dr. - PAC'10-0018) Clear Pw9r. Cuinninnharr Mr. J l"ir Pc>rt~r i,- c- )r ring rHzonir_i the sult[ t pr,_.1 =rty ;E,: ii :it I) from INR-3 (Neilihl_, r1 _::~_ill P 11-ii it to CdR1,11-1-12 (NIll find F~.iYeti:I IJi:,.ed-Use - '12)_ Althorn-ih ii i i.-) en formalize ' Mr- Port-.r'- ii tent r- tr: 1MI Ze the hard corner for c_mrrer_i d a-=, rld pcl,3sibiy construct single-family "cln tei lrc,rnes and/or townhomes3 on the r [r_riri_1'i of th l ,p~ty- PROJECT NARRITIVE: Existing Site C-7r °iticr,7 • The 1 roE>~rty is t3 r; -roes and is currently zoned NR-3 tExl-ibt • The property is nit i-l.attrd- • There is one single jig i!•.' strrrrbire t--:n the property- • Based on the C l; of E-~ t irar ing; o Tl -re is no E ,,r: -i t - pi I rt, TI -r- is over _1 30 li-,,,t n on the property (Exhibit 2) • ,ter i- iilal1 e from e: tiVq ;f I I -nrl Glenwood • wariitar• = ? fr-rn 11 air on Redwood • .Acre tc 1-1 r-~r-l -ity i- from Ilend. -,l)d o A iib -ut n Jr, t e,i-Js Surrounding zoning & uses: R i tial North: NR-3-Single-fan 1, South: NRI' l -Senior Li: n_ Undeveloped East: NR-3-Single-family R?-- ill-i ti-r! West: NR-3- Single-family Rest i li~ri & DC-C - Commercial 2405 Mustang Drive 1 Grapevine, Texas 76051 J 469-955-9580 / 817-329-4453 (Fax) City Council Staff Report Page 21 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Proposed Site Cond tl n~-- • Tc fc1 it il, I' : 11 I- rohahly need to be modified (the an7ount is unknown at this tune). • Th t rl i ~ 1 1 rlti-ll structure will be removed I demolished Traffic lrnparf: Alt'1=Ii:;°l f°-lera are II &,relloped, traffic would III I- _o if the property was rez,~ ,d ;rind rede,el+:pe1_i- It is anticipated that t nirer_.ity Drive can easily a=ccommodate any incrr ! ti a f c:- Benton IBeveIl Ipn µr't t- ade Analvsis: _t It is zantiuipafe that the proposed development will meet or exceed the requirements of the DDC- • Denton PI:-in This , kl prl -nf meets or exceeds many of the stated goals and policies found in the Dentc:n F'lar ir'c:lud ncg- The prcpert; 4~Jt;lil, th- Exlrting Residential lrfll Cornpatibility land use designatl._;rl- T1 e Pµr't_1ri Plar, t_7tes- Lf'1th, f. Si° J ri l ;r Cl!. + !r. _kle t'Iif17 the e, J C7 C}, cr' srvxi e. and i darkd arses is allowed. The I p --.ed zoning is respording to the e;=istng devel I 1 I-int pattern in the surrcul ling area- Commercial (nc.rl-r+ Iµrti 11; i-. 1i ,rr n-,rlf adjacent to University and single `,imily residential I,> rri tl- A. ■ The proposal suppall t I- t 'I swing Growth fla rci-meat P i - i Page '19-21) • TI -H growth maul , -n i t sfir 1 - - IoM ! u[. porf tl-µ I1-rrr111 ltian of publ c llse~y with trr; at _ ci_ IIIrr~l F Cle', P ,I-rn~~Ilt p;_tt_rl th>itl~l_lF: tpl~ IrI-1 a etll el-at use of 1111110 --I,1_µ'- allid 11t1 i_tlI_ICa!V1 1-i lili;m'I_!tE" The trine irnpact .1 p n atI It 'r'Ir',I,IrI_nt 1'Ip-;Lilo I - eivcul7t_Pi d rlti-l~d and assessed II pJrrip ulrtlr'~rI t [-iUl-ills- 1 711! [--J-Ot-;. • Land u'_ b- 1__ll_lll_µ_i to Ir_,int7i1 q1_I i1f, of If-, d1 -r-- cc1_Ir _Irny and _I -1 I-11_II:1-1t1-ir1_d t 1.= k,.+__. T'Il~ city pro%, I open _;rtui iUI-_- for tl e dam= µl-Jpil -1lt 1-:f 1 ful aii 1A 1- Ind U ~e3 within the city. z :11IIt'i _.11-:1_1I11 I II -I 1 I'I nfe i=d, t-~ ad k ,t-, trel?l? 1-1 rl It s.,, 11 7,-IIl11-' 1 jI I I-I I- - ! 1 tI Prtif`r 1rt1lrrl;-1111 t -,nd 11!-13 t11'it ill --+I`I 1-~- II- ' ! -flh,---'. 11 ti I-'t'_ I~i1- ~I:IIt;+ t~ lfllt _1%tt ric,t;'IIt al 1l'~ _t ~tl'1r' Iirr'ai~tS c ne~l:_'IbC'~f rl a 1 1111 Eltl '3- ~A r~ r:>lrnir at1 ~r' 11 the use oii z-,n11 1t -v-- a pleannmg tool should he rldli t l t-a -I f _-,rrrnl_Inifi}rvalue 1:c:- fully- (F i '1µ 23) Based upon the 1 II_liti--ll it rµ=1 ieilti-ul d_ felopment and the exl-.tiilg land use mix, the city will i-lµel-i to acc~.mr :date approximately 3,000 Page 2 of 4 City Council Staff Report Page 22 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 nacres of ~l e jelopment, 3200 acres of commercial development, and 2,700 o_{cr- -tit--t tl itl _ raI development • rr rrlc:~l_rte fl_itln _ _,:lrrn -i~ -j' i-at I:~ry nodes t1 ro~~r:;'7:?ut fide city. It is r rrl~ilar~'~~I th + ~s~-.err ff c11 1j f -I+-It be I !crit d c.: lilt 1I-jously along ccimdorslr a "'-tiir'r~I ~nneC- Pi-~i aI Criteria fc r ,a t i „ (§35-3-4-8 DDC) analysis_ `I- A complete op[ II ;_,ti n ,nd fee shall be SUbrnitted- Response: A complete application & fee was submitted. 2- Appi°c-,ti:,rr~ rr~, h~,I I r3,rei yen the folllo~t n:;;af~rl i~r,a- ._~re met- a- Till- I lp,i rec. inin g - 11Ifi--,rm^-; to the Future ILE iii I IJS,~ Ipmi-nt of Thl . Pprt;)n PIE] 11. Response: The proposed NRMU-12 is consistent with the existing land use designation (Existing Residential I Infill Compatibility). b- The proposed Specific Use Permit meets the criteria set forth in Subchapter 13, and conforms to the Purpose and intent of The Denton Plan. Response: NIA for zoning armendment.. c. The i rezoning or Specific Use Pen it i rl ~ _v:!~ I l late provision of fm r-;[ ort_,tic.n, water, sewers, schools, parks, of -r I i'_I e-11_i Dements and p€Iblic cor,erierlI:e. Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PAC09-0023 engineering comrments).. See Exhibit 4 for Property Description See Exhibit 5 f: )r P l-it[ l :,rizc ti :gin (Page 3 of 4 City Council Staff Report Page 23 of 45 '3011 4 05 43 PM Case#: Z10-0007 In summaiy, we k: el vo that the proposed zc>i rig meets the goals of the Denton Plan and is compatible to the i it a-,-nt and surroundii l r _ ind land uses- Th aril. you for your consideration on thi= ri attar r 1 if you have any questions please do not _ t;ta to contact me. Sincerely- Spin- O.Dok P,,rrr r r;rwn i R t, A-'-LA, AIICP Cc: John Porter Attachments: Exhibit '1 Location & Zoning reap Exhibit 2: Tor r.1=-,p Exhibit J_ NR- -'-I']R1.1L!-` 2 rr i- >-.n -in Exhibit A Letter c k I M r zation City Council Staff Report Page 24 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 7 Neighborhood Meeting Summaries 1. The first of four neighborhood meetings was held Monday, April 12, 2010 at 6:45 PM at the North Lakes Recreation Center. Thirty-four (34) people were in attendance, not including the applicant's consultant, applicant, Katia Boykin and Erica Marohnic. Larry Reichhart discussed the proposed rezone, possibility of tailoring an overlay district, indicating commercial at the hard corner of Glenwood Lane and University Drive (U.S. 380) with clustered housing or townhomes adjacent to the Crescent Heights subdivision along the site's northern property boundary. Neighbors had concerns regarding height, type of housing proposed, type of commercial uses proposed, preservation of trees, possibility of a wall separating the residential from the existing neighborhood, size of office and professional uses (less than 5,000 or 10,000 sq. ft.), drainage from site south to University Drive (U.S. 380) into adjacent single-family neighborhood, speculative zoning, forethought to limiting uses with an overlay, aggressiveness of proposal, traffic into the neighborhood, lighting concerns, 24-hour type businesses, hours of operation and difficulty getting onto Glenwood from Palmwood. Neighbors suggested tailoring the rezone request with an overlay including appearance of office uses as single-family buildings, limiting office sizes, prohibiting 24-hour type businesses, lighting, driveway approaches on Glenwood and University Drive (U.S. 380), rezoning only a portion north of the University Drive (U.S. 380) right-of-way up to Palmwood Place and then leaving the remainder as NR-3 and consideration of single-family homes along northern property line. Three neighbors in attendance did state, "no matter what you put here, we are not going to be happy." Katia Boykin and Erica Marohnic spoke with both Mr. Porters after the meeting concluded and suggested they regroup with their consultant and reconsider their proposal. After doing so, they should hold another meeting prior to proceeding to P&Z and Council. 2. The second neighborhood meeting held Tuesday, July 13, 2010 at 6:45 PM at the North Lakes Recreation Center. Nineteen (19) people were in attendance, not including the applicant's consultant, applicant and Erica Marohnic. Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing a 15-foot wide buffer along the site's northern property line and several restrictions regarding architecture. There was an additional condition regarding primary means of access on the exhibit. A second exhibit page provided pictures of a nearby office park built by Mr. Porter and the type of architectural treatments contemplated for the property. Comments from the neighbors included the statement that the restrictive overlay was, "just window dressing," quality of potential multifamily uses if allowed through SUP approval, fencing type and location, 15-foot buffer and residential proximity slope (RPS), access, City Council Staff Report Page 25 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 compatibility of proposed uses and transition from the surrounding Crescent Heights subdivision, requests to limit the uses to office or low-density residential, requests to limit commercial potential, limit retail to a specific distance to existing residential, questions of ownership in the future, questions of who will develop the property, questions regarding development time frame and questions regarding the site's topography and cutting into the hill. 3. The third neighborhood meeting held Tuesday, October 12, 2010 at 6:45 PM at the North Lakes Recreation Center. Approximately ten (10) people were in attendance, not including the applicant's consultant, applicant and Erica Marohnic. Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing a 15-foot wide buffer along the site's northern property line, 100-foot wide restricted use area where only single-family, professional service and offices may be constricted and several revised restrictions regarding architecture, maximum height and facade treatment. A second exhibit page provided a comparison of uses permitted within the NR-3 district and those permitted in the NRMU-12 district. Comments from the neighbors included the request to not allow Laundry Facilities within the overlay district, clarification of the term "Single-family" (e.g. single-family attached, detached and duplex), new masonry requirements for non-residential strictures, limiting building height for all uses to one story, access to Glenwood, continuing the 100-foot wide restricted use area where only single-family, professional service and offices may be constricted along Glenwood, questions on grading of the site and the need for a retaining wall along the northern property line, questions regarding the square footage of potential homes, questions posed to Mr. Porter regarding his intent to develop the property personally, consideration of retail only at the hard- corner of Glenwood and University, access variance questions on procedure and the reclassification of Glenwood as a Residential Avenue Collector. 4. The fourth neighborhood meeting held Thursday, January 6, 2011 at 6:45 PM. This meeting was held at Mr. Potter's office located at 1801 Hinkle Drive, Denton Texas. Eight residents attended the meeting, as well as the applicant's consultant (Mr. Reichhart), and staff (Nana Appiah). Mr. Reichhart opened the meeting and explained to those present that the purpose of the meeting was to discuss the applicant's proposed overlay restrictions and solicit new ideas from the community. Mr. Reichhart also inform those at the meeting that the main purpose of the meeting is to adhere to the recommendation by City Council for the applicant to work with the community to find a consensus on how the subject property can be developed while protecting the adjacent residential homes. The applicant (Mr. Potter), and Mr. Reichhart discussed all the new changes with the community. They also received recommendations of new changes from the community. Those community members at the meeting were satisfied with the changes agreed upon and as was stated by one of the participants' "these new changes are a compromise. We have to meet each other halfway and we believe Mr. Potter has done so". City Council Staff Report Page 26 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 8 Responses to Notification 500 Ft. Radius ~ CfY~ 200 Ft. I _ -Radius Lagend Z10-0007; [=aite Neutral 1411 E University Avenue )pp.- 200 Ft Notice Boundary Favor 500 Ft Notice Boundary 400 2Q 0 400 Feet - Centerline Public Notification Date: 8/27/10 200' Legal Notices sent: 31 500' Courtesy Notices sent: 99 Number of responses to 200' Legal Notice: In Opposition: 11 In Favor: 3 Neutral: 4 Opposition is 4.34 acres or 27.93% City Council Staff Report Page 27 of 45 8 '3011 4 05 4' PM Case#: Z10-0007 NOVICE OF PUBLIC HEARING ZI0-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consifier raking a recommendation to City Council, regarding a rezoning from a Nel()N-orhood Re idarttial 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (lJPMU-12) zvritui cistrict with a restrictive overlay on apprcxirttately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the ,3.Q. Lilly Survey, Abstract No. 762, Denton, Texas, The public hearing will start at 6:30 p.rn. in the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas. Bccmilo you own property rvithirr Ave hundred (200) feat of the subject property, the Planr?ir r -nd 7uning Commission would fik.; to hoor haw you feel about this request and invites you t" atlc,tu il;e hearing. Please, it order for your opinion to be taken into account, return this fort" with yau, cortinients prior to the date of the public hearing, (This in no way prohibits you from ottondit!_g and ptrrtic pat;l;~ in the pvbl,c hearing.) You may fax it to the number located at the bottom or nail it to the add ess below or drop it off in-person; Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76241 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commiss:cr, is informed of tha percent of response, in su~pwt Lind in opposition. Please circle one, In favor of request Neutral to request 0osed to reques# Reasons for Opposition: ' Fr 411-1 _G4t Signature: - U_ -7 Printed Name: c~- 1 r B64) 1E MailirgAddress: fl-! r~24/►ttN i:.(V lft t,2C}uf City, State Zip; I Tefeplicne Number; 9;(t l) --5Z& is 3 `a ~ .7', Physical Address of property within 2010 feet; y ~~t.,,r? zi ! k',041 (Ct!( Yt r 7b Qq CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 - 940.349.3541 + (F) n47'34),7707 e'PS7 Nofice `"1-) . City Council Staff Report Page 28 of 45 8 '3011 4 05 43 PM Case#: ZIO-0007 September 6, 2010 Planning and Zoning Commission of the City of Denton RE: Z10-0007, Rezoning of 1411 E. University Avenue TO WHOM IT MAYCONCERN: Our home is located at 1410 Greenwood Drive within 200 feet of the proposed property zoning change. We are o:jposed to the rezoning of the property at 1411 E. University Avenue. We have lived at this property for 2'l: years and are raising our 7 year old daughter. We do not want the property dovolt-ped for business for the following reasons' 1. The beauty of the nelghborhood will be diminished with 1-2 story business buildings constructed. The green space driving up University AvPnuP is needed to attract homebuyers to the neighborhood. One of the main reasons we purchased our home is the beauty of being able to see green, natural space surrounding the property. Being able to live in the city and experience trees and green space around our home and throughout Our neighborhood provides a positive influence on our growing slaughter. Too many ckalldrerti a e deprived of nature in our busy lives and having easy access to seeing and enjoying nature is essential for their growing minds and bodies. We have no doubt constructing fence lines and buildings within 15 feet of our back yard will replace this view with something comparable to the rear end of a shopping center. 2. We were su rpr ised to 'earn that the current property owner raised his children in this neighborhood and wis able to enjoy all of the green space and trees throughout their time living here. However, he is now willing to dirninish the opportunity we have and future families have to experience the same privacy, safety and heauty. 3. The owner- has often referred us to some office buildings he has built on Hinkle Road as an example of what wl III be plac--d here on this property. Admittedly, these are attractive office buildings whi rh dLu not clash with the neighboring areas, However, he has given us no guarantee that he will retain the property once it is rezo ed. He could sell 't plecer:ieal, a Id the subsequent owners would be under no corn arils"ori to follow the style of his office buildings. 4. If the property is rezoned, then the h it will be taken out and graded. Presumably there will be a ten to fifteen foot retaining wall built, which will have huge pressures placed on it by the weight of all the dirt and rock in our neighborhood's soil. This could destah[117P the houses next to any proposed development. We also have a pool, which could easily crack and leak water if this were to happen, 5. Property values. Denton property values have begun to fall, which threatens to bring on the "underwater" phenomenon, vhern the owner owes more on the Douse than it is worth nn the market. Putting a series of businesses on that property, next door to our neighborhood, can only worsen this situation. City Council Staff Report Page 29 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 6i The noise -The increased traffic into what could became a business area will raise the already considerable ro€se level and become a nuisance. c arLage trucks and other utilityvehlcie', will come and go a- nrfd hours of the day and night €nterriipt€ng orrr p.r✓ace., and our sleep. 7. The smell - us nesses most often place their garbage bins behind their hriildings, which would then be very close to our homes. The smell of garbage would ruin, orrr enjoyment of our h ickyards, and discourage us from opening our windows during pleasant weather, & The lncrcasec heat - paving this large expanse of land car only increase the heat it would retain daring hat weather, which would make our back yards ever hatter during the summer. We respectfully request the Planning and Zoning Commission of the City of Denton deny the request to rezone the property at 1411 E. University Avenue. Respectfully submitted, The Verges Family, Roy Verges, Beth Bates-Verges and Sofia 1410 Greenwood Drive Denton, Texas 76209 2 City Council Staff Report Page 30 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING 210.0007 The P'ar7fng and Zoning Commission of the City of Denton will held a public hearing on September 8, X0'0 and ronsider making a recommendation to City Council, regarding a rezoning from a h eichborhood Residertial 3 (\IR zoning district to a Neighborhood Residential 'Axed isci 12 (NkiVIU-12) zoning distrc-t with 'a restfttive overlay on approximately 6.836 acres. The property is located at the northeas' corner cf Glenv. od Lane and East University Drive (U.S. 380), situ~jted within the J.Q. Lilly Survey, Abs*ract No. 7 .62, Denton, Texas. The public hearing will dart at 6:30 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 2 ?Jj fcot of the subject property, the Planning and Zoning Canamissiuri w.o)ty f Bice to hear how you foul OboUf this request and invites you 0 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 aftr ,;dinj and parth.'ip4ing in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica h1arohnic, Project Manager 221 N, Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: ~A In favor of request Neutral to request Opposed to request i" Reasons for Opposition: ` Signature: "L( f' t4 (Z)ZLe A /U t - C J Printed Name i Mailing Addies_ City, :state t7VA Tc ep:lone Number: Physicai Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY FALL WEST - DENTON, TEXAS 76201 , 940349,8541 * (F) 940.349.7707 09-0'/- 11) 11 PCVD 200, City Council Staff Report Page 31 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z9 0-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider making a re,:ar m, _ndation to City Council, regarding a re--c.ni-p from a Neighborhood Residential 3 (NR" zoning district to a Neighborhood Residential Mixac: Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres, The property is located at the not( a,j, A corner of Glenwood Lane and East d ,iv :rsJy Uride ('J,S, 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas, Tho public hearing will start at 6:30 p.m. in the City Council Chambers of City Nall located at 215 E, %icKin,ey Street, Denton, Texas, Because you own property within two hundred (200) feet of the subject pwi rry, the Planning and Zoning Commission would like to hear how you feet about this request and Ovites ycu to attend the ptifalic hearing. Please, in order for your opinion to be taken into account, return this form Leith your con-ii rats prior to the date of tt-e public hearing_ (This in no way prohibits you fro)r7 oVer,diog and padfcipafi„;j fn the public 1.,-antig•I You may fax it to the number located at the botto-r or mall it to the address Wow or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percen- Jresponses in support and in o:)positior. Please circle one: In favor of request Neutral to request t:?pposed to request Reasons for Opposition: rL rtt Sri C/s ~z - /,12 ~a a r€_f 4 2 ~ C' 221L_mc~ U! -22~ Signature: tir>r1. ,.4-y -"-f Pri ,ted Narne: , r? r c ?t' j 11~ i. . Mailino Address: !;z.; i j j •ti, 17 v Z-_ C ty, State Zip: l- 4.5 rx '75> 2'0`~',. Ir;:3 Teleptiar.e Number. Phy:~L:u: Add€ .:s~ of P:upc€tyviithin 200 feat: CITY OF DENTON, TEXAS CITY NAIL WEST - DENTON, TEXAS 76201 940:349,8541 • {F} 9403493707 ?rg-rfr.7 ,Ofj,14 I City Council Staff Report Page 32 of 45 8 '3011 4 05 4' PM Case#: Z10-0007 Sep 06 10 09:29p Jet= McCormiok NOTICE OF PUBLIC Z10-0007 94E1-~-G,6 90.353 p,1 HEARING The Fannlric and Zpning Commission of the City of Denton will hold a public nn_n rig on Sopt?mber 8, 2010 and consider reeking recfi-m,'nendati^n to City Council, regarding a rezo,, rg from a Nslghhorhoa Resldential 3 (MR-3) 7enir3 district to a Neighborhood Reside 3tiu: h7 xc.J Use 12 (NRMU-12) zoning district with a restrictive overlay on appro)dmatniy 6.536 axes. The property Is to :atert at the nnftheast corner of Glenwood Lane and East University Dove (U.S. 380), situated within the J.Q. Lilly Sarvey, Abstract Na. 762, Denton, Texas. The public hearing will start at 6:30 p.rr. In the City Council Chambers of City ball located at 215 E. YcKin-my Street. Denton, Texas. Because You OWn property' vsathin two hundred (200) feet of the suhlPCt property, the Plarrnrrrp and Zoning Commission would llke io hear how you feat about this regoest and invites you to attend tho pubf c hearing. Please, in order for your opinion to be takers into aCCCLInt, return this form wit;`, your comments prior to the date of the public hearing. (This in no way prohibits you from attending and parffc{eating fn the oubf.'c hoaxing-) You may fax it to the number o,cated at the bottom or mail it to the address bielow or dro;: 't off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Eire ST Renton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the nerrent of responses in support and in opposition. Please circle one: In favor of request Neutral to request C?pposed to request Reasons for Opposition f"tlYitl~ ( MkA famk V t 61 omt, Signature; " r1 t.,b~t+'-.,sJ• Printed iNarrnc' G .pia. i A+MIng address: ~ x~U 0' city, State Zip: T 1t TelephomA Mi-nber; 940- 44 o'C[a - 14 Physical Address of Property within 200 feet: MY OF DENTM, TEXAS crrv HALL WEST • DENT€)N, TEXAS 76201 • 90.349.8541 • (F) 940.349.7717 P_' titles City Council Staff Report Page 33 of 45 8 '3011 4 05 4= PM Case#: Z10-0007 NOTICE PUBLIC HEARING Z10-0007 The Planning and Zoning Comm'cs€nn of the City of Denton will hold a public hearing on September 8, 2010 arid consider making a ret;ornrnendation to City Council, regarding a rezuriing from a Neighborhood Residential 3 (NR-3) zoning district to a Nel^orhood Residential tvl xcd Use 12 (NRMU-12) zon€:,r; cifstrlct with a resNclive overlay on approximately G.836 acres, Tile p[r )perty is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), s t.jated within the J.Q. Lilly Surrey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council CharrilDuis o° City Hall located at 215 E. McKinney Street, Denton, Texas. Boca!rso you own property within two hundred (200) feet of the subject property, the Planning and Zcnin Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinlon 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 th0, nGrnbor located at the bottom or mail it to the address below or drop it off in-person:. Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm T Denton, Texas 78201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses In support and in opposition. Please circle one: In favor of request Neutral to request apposed to request C17'Y'O DEAfTON, TEXAS CITY ItALLwEST . DENTON TEXAS 76201 - 94UQ 8641 , (F)94U4s.77o7 200 P&Z NoNle 0,9 0'1-10 13; `I Ih"C47 City Council Staff Report Page 34 of 45 8 3011 4 05 43 PM Case#: Z10-0007 E.3ignature; sr. Printed Nam Mailing Address: City, State ;Zip: Telephone Number: r' Physical Address of °rcPerty with€n 200 feet: 17 /11 A'11 NOTICE OF PUBLIC HEARING ,ZIO-0007 The Planning and Zoning Commission of the City (,f Centon will hold a .mjhllc; hearing on SeMernher 8, 2010 a:id consider rna in:a a recommendation to City Council, regard;~ip a rezonira 'cor'n a Neighbc- h,_-)ad Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NR%1 -1?) zoning district with a restrictive overlay on approxlmately 6.833 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The nubile hearing will start at 6:30 p.m, n the City Council Chambers of City Hall located at 215 E, W,'. ncv Street, Dento7, Toves, 5ecac,se you own property within two hundred (2cfo) feet of the su%;,;; nr perty, the Plnonirai; and 7ot?in)g Commission would like to hear how you feel (=about this regc,es! and invites you to Woad the pub!+c hearing. Please, in carder for your opinion t;;, be taken into accowil, return this form with your comments prior to the date Qf the public hearing. (This in no way prohL'..ks you from aftondrr;g anct pertirr'pat.rny in the pubiic hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it c-ff in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 229 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is irfc- wed of the percent of responses it -suppt,)rt and in apposition. Please circle one. In favor of request Neutral to request Opposed to request Reac;nns for opposition: - - - i_ z f t; t /r d jy .ry ` o,+~~~ r .L , i ;igrat rye: y r ~ ` Mailing Address: t r- 77, City, State Zip: Telephone number; -xi Physical Address of Property within 2M feet: 77 T CITY OF DEI1tTQN, TEXAS CITY HALL WEST • DENTJN, TEXAS 76201 - 940349.8541 • (F) 940-340,7747 ?00' P3°7 Nolior 09-C7-10 13:1 ei:4'D City Council Staff Report Page 35 of 45 8 '3011 4 05 4' PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z'I 0-0007 The Planning and Zoning Commission of the City of Denton will held a public hearing on Septcii,r P. n10 and consider making a -commendation to City Council, regarding a rezoning from a Neicfhborhood Residential 3 (f €R- l zoning district to a [,,ef ,hborhood Residential Mixed Use 12 (NIRMU-12) zoning district %v th a restrictive overlay on apprc x mafcly 5.836 acres, The pio nerty is Icc-ated at the northeast corner of C enwood !-ane and Eat Jnivc-rsitJ Chive (U.S. 380), situator within the J.Q. Lilly Survey, Abstract No. 732, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKirney Street, Denton, Texas. Because you own property within two hundred (200) feet of the s01,ie,~! Fropertyr the Planning and Zoning Commission would like to hear how you feet about this roques' a,id invites you to attend the public hearing. Please, in order for your opinion to betaken into account, return this form with your coiir- en-s prior to the date of the public hearing. (This in no way orobibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of respc: yes in support and in opposition. Please circle one: Siy,:iture: tz vtA 1 CzlAt Dq[lte:' Name: i ; Y Mailinc. Address: [ lD r , ity, State Zip: ~7t Talephone Number: 021 -`1taLV- Q0 ((c Physical Andress of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST * DE TON, TEXAS 76201 • 940:3 49d? .41 * (F) 940.3493747 09-07-10 t:z: i' 'fC,rf; 200'r',' :.a City Council Staff Report Page 36 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 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 tike to hear how you feel about this 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 or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: del ~ ~C C' l c` ~cSG 1 Signature: 1 Printed Name: e 'X Z Mailing Address: 13-w ~JdG~~1 c>C City, State Zip: 1v--2D~ Telephone Number: 9 7 Physical Address of Property within 200 feet: 13a o <wr_-/ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 Q 1- 23- t 1 12: 21 I N City Council Staff Report Page 37 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 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 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 or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one, In favor of request Neutral to request Opposed to request Reasons for Opposition: C;~ricig2N NRI1~4(Z- I1 ~U~ ~0 I ~v ,~nr tj/7 4 Cu2t3 Cur U ` Cy L. L W A N t~ ll 5 T 1 ~ 2 L= (A3 1 L L- P~ ~r 7r~ W fo rt n 5 a r- Signature: / Printed Name: SON AL D W R N_ Mailing Address: City, State Zip: -1) t!7= N ~+J 7~ 7 G2u el Telephone Number: e?c._ 8? - 86A- Physical Address of Property within 200 feet: Lozs-- G 4,6=:WJe d a Liu ATE ~3 1) )-7 CITY OE DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 (31-24-i1 "l `1 21 i~ City Council Staff Report Page 38 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z'I0-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 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 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 or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: _ In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: Mailing Address: c~ City, State Zip: a-k~j Telephone Number: C' 1 670 Physical Address of Property within 200 feet: 1 2 Oct CITY OF DENTON, TE=XAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F)940.349.7707 City Council Staff Report Page 39 of 45 8 '3011 4 05 4' PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING ZI0-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 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 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 or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: v-!'asp PSf~v4 {X;s~ IT/ Signature: Printed Name: eat Mailing Address: -veewwo~ vile. City, State Zip: eo a N fix 7( 2 o-q Telephone Number: J516- Zo 6 ~7 0 77 Physical Address of Property within 200 feet: &~V jq~rerH yr,r/G'i- CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76209 940.349.8541 • (F) 940.349.7707 0'i-°28-11 '12:21 !N~ City Council Staff Report Page 40 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 9 Site Photos a t I A Y uIUTUC~~-~ City Council Staff Report Page 41 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 i > 1~s I i c City Council Staff Report Page 42 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Exhibit 10 October 20, 2010 P&Z Meeting Minutes A. Hold a public hearing and consider making a recommendation to the City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and U.S. Highway 380 (East University Drive). (Z10-0007, 1411 East University Drive, Erica Marohnic) On October 6, 2010, this item was continued to a date certain of October 20, 2010. Marohnic presented this item. The request is to rezone approximately 6.836 acres at the northeast corner of Glenwood Lane and U.S. Highway 380 from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use 12 (NRMU-12) with a restrictive overlay. Surrounding uses include residential and commercial. The restrictive overlay is proposing all allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot buffer with only trees and a 150 foot limited build zone. The limited build zone would be restricted to only professional and office uses, the buffer would be limited to Type C buffer from the Criteria Manual and the fencing and buffer could be interrupted for ingress/egress. Additional architectural restrictions and limitations were defined in the backup material. The property is currently developed with one single-family house. There were 31 certified notices mailed to property owners within 200 feet of the subject site. There were 16 responses received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote of City Council would be required to rezone this area. The Development Review Committee recommends approval of this request. Lyke questioned the total acreage of the limited build area. The applicant, John Porter, responded from the audience, that it would be approximately 3 acres with the restriction area. Bentley stated that the buffer is limited to professional offices, but requested clarification if retail was completely out and if community services would be allowed. Marohnic responded that retail is completely out and if those community services are allowed in the NRMU 12 zoning district those would be allowed as well. Bentley requested further clarification if bars and clubs would be prohibited. Marohnic confirmed this. The applicant was present to speak. John Porter 1111 Emerson Lane Porter stated that he purchased the property as an investment opportunity. Porter presented photographs to the Commission of another development of professional offices that he completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural features, roof pitch and the residential neighborhood that is located to the north of it. Bentley questioned the applicant why he was pursing re-zoning the entire property and not something less intense. Porter responded that the NRMU-12 would allow the most flexibility. Bentley also questioned the ratio of businesses to residences, site design and if any tenants were already planned. Porter responded that several neighborhood meetings have taken place, but a ratio, site design and tenants have not been determined at this time. Porter stated that he has City Council Staff Report Page 43 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 spoken with a dentist and pediatrician, however, without having the zoning approved to allow for those uses it is difficult to begin that stage of the project. Ryan questioned if the applicant would be okay with a Specific Use Permit (SUP) requirement for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant, stated that an SUP is already required. Porter stated that the overlay limits the development to one-story to keep it harmonious with the neighborhood. Lyke questioned where the road would be located. Reichhart stated that the Denton Development Code (DDC) does not allow for access off of Highway 380 without a variance. Reichhart continued that there is a current median break on Highway 380 and it is the intention of the applicant to pursue a curb cut off of Highway 380 as the variance was too difficult to tie to the zoning. For the current application purpose access will be derived from Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop through the property. Reichhart noted that there have been several concerns from the adjoining neighborhood including buffering, transition of uses, quality, architecture, lighting, building height and access. Reichhart stated that he and the applicant feel that the overlay district addresses the majority of those concerns. Lyke questioned the topography and if there were plans to grade the hill on the subject site. Reichhart stated the intention is to work within the existing topography. Bentley requested clarification on the limit to one-story and questioned what would prevent a tall commercial box, like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller than a CVS and that he and his applicant are not opposed to a height limit should one be included as a restriction. Reichhart continued that the architectural requirements would not allow a split face retail box. Cunningham questioned if it is the applicants intent to put in for the record the elevations of the applicants other project to demonstrate aesthetics and roof pitch. Reichhart stated that the photographs are an accurate representation of style and roof pitch, however, the proposed aesthetic detail and layout will be different. Thomas opened the public hearing. Spoke in opposition of the request: Tim Fisher, 1603 Greenwood Drive Roy Verges, 1410 Greenwood Drive Louise C. Brooks, 1510 Greenwood Drive Provided cards in opposition, but did not wish to speak: Beth Bates-Verges, 1410 Greenwood Drive Doris Roush, 1518 Greenwood Drive Kay Copeland, 1709 Laurelwood Drive Patsy James, 1511 Greenwood Drive One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request. Reichhart provided his comments during the presentation of this request. City Council Staff Report Page 44 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 Reichhart responded in rebuttal for the applicant. Reichhart addressed the concerns noted by the speaking opposition stating that one complaint was that this was speculative zoning. Reichhart stated that until the property is zoned no one is going to put money forward to invest in creating a site plan. The issue that single-family townhomes may not be compatible Reichhart disagrees with stating they would provide a good transition from commercial to residential uses citing an example on Poinsettia and Sherman Drive. Reichhart stated that this (NRMU-12) is the latest zoning category added by the City. There is some retail and some office uses and this proposed development would blend with other businesses along Highway 380. Other issues addressed including the garbage issue and no restaurants are allowed with this overlay, so the smell from garbage should not be an issue and the lack of green space within the development. There were additional discussions and clarifications with the Commission. One more person came forward to speak in opposition: Kay Copeland, 1709 Laurelwood Drive. Thomas closed the public hearing. Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this zoning request. On roll call vote: On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Chairman Reece "aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2). City Council Staff Report Page 45 of 45 8 '3011 4 05 43 PM Case#: Z10-0007 sAlegaRour documentslordinances1111z10-0007 ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNTION, WITH AN OVERLAY DISTRICT, ON 6.836 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF GLENWOOD LANE AND EAST UNIVERSITY DRIVE (U.S. 380), SITUATED WITHIN THE J.Q. LILLY SURVEY, ABSTRACT NO. 762, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z10-0007) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 6.836 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, . with an overlay district; and WHEREAS, on October 20, 2010, the Planning and Zoning. Commission concluded a public hearing as required by law, and recommended approval of the change in zoning, with a restrictive overlay limiting uses and imposing the following additional restrictions (the "Overlay): 1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site as described in Exhibit A of the ordinance, except for Laundry Facilities. a. The only structures allowed within 150 feet of the northern property line shall be professional service and office uses. Parking is permitted within 20 feet of the northern property line. 2. An eight-foot high solid screen fence (good side out) shall be installed per the requirements of the Denton Development Code, constructed with steel posts and decorative caps, in the locations specified within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constructed in accordance with Section 35.13.9 of the Denton Development Code. b. The fence shall be constructed in the required buffer yard adjacent to the property line in lieu of the required buffer shrubs. c. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. d. If the fence is constructed of wood, the wood shall be cedar. saleganour documcntslordinances1111z10-0007 ordinance.doc 3. In the event that single family detached, single-family attached or duplex structures are not developed adjacent to Glenwood, a 6-foot high wrought iron style fence shall be installed per the requirements of the Denton Development Code in the locations specified within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constructed of tubular steel. b. A "Type C" buffer shall be planted adjacent to the fencing in accordance with Section 35.13.8 of the Denton Development Code. c. Perimeter fences are not required where they interfere with access roads and driveways. 4. The following architectural standards shall be incorporated into proposed buildings: a. Architectural elements such as prominent entries, offsets or recesses along all sides, decorative wall and roof vents and gable features shall be incorporated into the design of buildings; b. All windows shall be Double Insulated windows with thermal break and no mirrored glass; c. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12; d. New buildings shall incorporate alternating roof plate heights; e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle; f The exterior of all new structures shall be constructed of one hundred percent (100%) masonry (excluding doors windows, dormers and trim). For the purposes of this ordinance masonry includes brick, stone and stucco; and g. Building height shall be limited to one story and shall not exceed thirty-two (32) feet. 5. Exterior lighting shall be shielded so as not to shine onto adjacent properties. 6. All trees planted in the buffer yards shall be a minimum of four inches (4") to six inches (6") dbh and a minimum of twenty feet (20') high. WHEREAS, the City Council fords that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. &1egaRour documentslordinancesl111z10-0007 ordinance.doe SECTION 2. The zoning district classification and use designation for the Property is hereby changed from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, as further restricted by the above-recommended Overlay district requirements, as specified above in the Recitals. Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of all adjacent street rights-of-way. . SECTION 3. The City's official land use map is amended to show the change in land use designation. SECTION 4. 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 provision of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate. and distinct offense. SECTION 6. 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 , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: sAegaRour documentslordinances1111z10-0007 ordinance.doe EXHIBIT A LEGAL DESCRIPTION Porter Property Description 1411 E. UNIVERSITY DRIVE FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.Q. LILLY SURVEY, ABSTRACT NUMBER 762, AND BEING PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO DONALD L HUTCHERSON AND WIFE, FRANCES R_ HUTCHERSON, AS RECORDED IN COUNTY CLERK'S FILE. NUMBER 2003-201235 OF THE REAL PROPERTY R E C O R D S OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AT A 112" CAPPED IRON ROD SET FOR CORNER IN THE SOUTH LINE OF LOT 11, BLOCK '0', OF CR.ESTWOOD HEIGHTS, EXTENSION #2, AN ADDITION TO THE CITY OF DENTONI, TEXAS, AS RECORDED IN VOLUME 2, PAGE 13, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF THE NOLES ADDTION TO THE CITY OF DENTON, AS RECORDED.IN CABINET F, SLIDE 359, OF SAID PLAT RECORDS AND AT THE NORTHEST CORNER OF SAID HUTCHERSON TRACT; THENCE SOUTH 00 DEGREES 04 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF SAID NOLES ADDITION AND THE EAST LINE OF SAID HUTCHERSON TRACT A DISTANCE OF 87.70 FEET TO A CAPPED IRON ROD SET FOR CORNER IN THE NORTH RIGHT-OF- WAY LINE OF UNIVERSITY DRIVE AT THE SOUTHWEST CORNER OF SAID NOLES ADDITION; THENCE THE FOLLOWING FOUR CALLS WITH SAID NORTH FLIGHT-OF-WAY LINE OF UNIVERSITY DRIVE: 1. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 848,85 FEET TO A'/2' CAPPED IRON ROD SET FOR CORNER; 2-SOUTH 64 DEGREES 30 MINUTES 01 SECONDS WEST A DISTANCE OF 100.50 FEET TO A!/ CAPPED IRON ROD SET FOR CORNER; 3. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 106.21 FEET TO AT' CAPPED IRON ROD SET FOR CORNER; 4. NORTH 74 DEGREES 40 MINUTES 25 SECONDS WEST A DISTANCE O F 86.46 FEET TO AYE CAPPED IRON ROD SET FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF GLENWOOD LANE; THENCE NORTH 01 DEGREES 45 MINUTES 28 SECONDS EAST WITH THE EAST RIGHT- OF-WAY LINE OF GLENWOOD LANE A DISTANCE OF 8325 FEET TO A CAPPED IRON ROD SET CORNER IN THE NORTH LINE OF SAID HUTCHERSON TRACT AND IN THE SOUTH LINE OF SAID CRESTWOOD HEIGHTS EXTENSION #2; THENCE NORTH 89 DEGREES 34 MINUTES 25 SECONDS EAST A DISTANCE OF 1.90 FEET TO A CAPPED IRON ROD SET FOR CORNER IN THE EAST LINE OF GLENWOOD LANE; THENCE NORTH 00 DEGREES 25 MINUTES 35 SECONDS WEST WITH THE EAST LINE OF GLENWOOD LANE AND A WEST LINE OF SAID HUTCHERSON TRACT A DISTANCE OF 343.88 FEET TO A'lz" CAPPED IRON ROD SET FOR CORNER; THENCE NORTH 89 DEGREES 45 MINUTES 59 SECONDS EAST ALONG OR NEAR A FENCE A DISTANCE OF 1070.75 TO THE PLACE OF BEGINNING AND ENCLOSING 6.836 ACRES OF LAND MORE OR LESS. sAlegallour docunientslordinancesllllz10-0007 ordinanec.doe The follov~mg tables illustrate the diffces bdw=n the NRMU-12 and NR-3 districts: Agriculture 12 P Livestotl L(7) LF) Single Family DwefiirKjs P P Accessary OweWing Units L(1) _75-p- 1-0) Attached Single Family D-,veiPings P, SLIP Dwellings Move Businesses P N LiveMork Units P N [Ames P N Community Homes For the MuNed P P coup r roes sup Mifl i-Farrtity Lxeni 7_. Li43 N ufacturM Housing Developments N N L(4) =Multi=wily is permitted only: I . With a Specific Use Permit; or 2. As part of awed-Use Development, or 3. As part of a Master Play Development, Existing; or 4. the development received zoning approval allowing multi-family use within one year prim to the effective [late of Ordinance. No. _2005-'224; or 5. If allowed by a City Council approved neighborhood. (small area) plan. sategallour documentslordinanccs1111z10-0007 ordinance.doc 1 Horne Occupation 12 P P She of Prodwb Gros on Site N N Hotels N N Motels N N Sep MdElra ,kf:rSt L[t49 ReEaw sab:s ana SersIce Lil5i N Movie Theaters N N Restatx W or Private CALM N N O ive-through Facift N N Fates-0 ,aI"rVicesanunt%eee L04) ! Quick Vehide Serftrg N N Vehicle Repair N N Arha ar-d RV Sales N N "*Laundry FacNit N N Equestrion Facilities N N Ouldaar Recreation °J= P. Inds Recreation N N M2W Event Entertainment N N. Commercial Perking Lots N N AdrrdniSttetiue or Research F hies N N Broad=Ong of Production Studio N N SexuaY Oriented Maness N N Temporary Wes L(W) LM) -The applicant proposes to eliminate Laundry Facilities as a permitted use within the restrictive overlay district. L(10) = All restrictions of L(8), but limited to no more than 5 guest units.. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per Jot. L(14) = uses are limited to no more than 10,000 square feet of gross floor area. L(I5) = Uses are limited to no more than 5,000 square feet of gross float area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges- sAlegallour documentslordinances1111z10-0007 ordinance.doc Printing / PuNishing 1 12 N N Bakeries N N Manufacture of Non-odoriferous Few N N Feed Lots N N Fared Processing N N Lirt nufa#rfg N N Heavy Manufad ing N N Who ale Sales N N Whdesafe Nurseries N N UstrrixMon Center N N WhNeSafe Storage and Distrgwf n N N Self-service Strage N N Construchon Malerlafs Sales N N Junk Y rds and Auto Wrecking N N Kieft N N Veterinary Clnics N N Sanitary lsCom Incnerafors, Transfer 5fa ores N N C,as Welts SUP Lam) sup L(2T) salegallour documentslordinancesll Ez10-0007 ordinance.doc Basic Utilities L(25j L(25) ,ommunityService P Parks and Orin Space P P ,hui ches P Seri-punt. Halls, ulu')s, andl-c4ges L(1-5) SU° Business I Trade School i v N Adult or Cd as are S r F KY, Wergarten, Elementary School P SUP MtJdle Schonl= P N High School N N Colleges N N PJerl,,Housirg Q131 14 Medical Centers N N n fts N N lamas N EN7 s:llegallour documentstordin n"sll IVIO-0007 ord nance.doe LOCATION MAP EXHIBIT B LkY:t'.r . AJ _ t- t (J S L e_ F ~..1 if 1 i 1 cif 'j 4 i ,'1 t ~ Rl ~iyl 1 fl i OCOMN31Q 1 ! 7T _ i CL ~ { r' ~.Wm ~ pp a 1 1 4 _ tJ 1 r. 1 {i, 10 r AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Below is the list of Boards and Commissions which require a nomination and the Council Member responsible for the nomination: Community Development Advisory Committee - Council Member Watts Human Services Advisory Committee - Council Member Heggins and one "All" position. Public Art Committee - Council Member King Zoning Board of Adjustment - One Alternate position for "All". Traffic Safety Commission - Four positions with nominations from Mayor Burroughs, Mayor Pro Tem Kamp, Council Member King and Council Member Watts. Downtown Denton Tax Increment Financing Reinvestment Zone Board - Seven positions appointed by Council with specific qualifications (2 Council Members, 2 property owners or residents from within the zone, two members either business owners from within the zone or Chamber of Commerce Board members, one member with no specific category but must be a qualified voter of Denton). If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene t SUBJECT - Municipal Annexation Plan - Three-Year Annexation Plan Hold a second public hearing to consider the involuntary annexation and service plan for approximately 1,595 acres of land contained in three (3) areas located within the City of Denton's Extraterritorial (ETJ) Jurisdiction, in accordance with Texas Local Government Code. The proposed annexation consists of three (3) distinct areas under multiple ownerships and of an approximate total of 1,595 acres. The 3 areas are identified and generally located as follows: 1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; 2. DH-9: 298 acres, located north of Pockris Page Road, north, south and northeast of Edwards Road; and 3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. BACKGROUND In 2009, via several City Council work sessions, staff recommended the annexation of eighteen (18) areas totaling approximately 9,035 acres of land within the City of Denton's Extra Territorial Jurisdiction (ETJ). Of the 18 areas identified, all but three (3) areas were exempted from the 3-year annexation plan requirement under Section 43.052 of the Texas Local Government Code (Tx. LGC). The fifteen (15) areas that were exempted from the requirement of the 3-year annexation plan were annexed on May 4, 2010, save and except all properties that qualified for Non-Annexation Agreements (NAA) due to them being appraised for ad valorem tax purposes as land for agricultural use, timber land or wildlife management. The remaining three (3) areas that were identified for annexation was placed in a 3-Year Annexation Plan on April 6, 2010, via the adoption of annexation ordinances by the Denton City Council. PRIOR ACTIONS/REVIEWS April 6, 2010 - The Denton City Council adopted an Annexation Ordinance to initiate the annexation of the aforementioned 3 areas that are not exempted from the 3-year annexation plan requirement under Section 43.052 of the Tx. LGC. June 30, 2010 - In accordance with Tx LGC 43.052, staff sent Notice of Intent (NOI) to all property owners, public/private entities, and railroad companies within the proposed annexation areas informing them of the City's intent to annex the areas. The NOI was also posted on the City's web site. 11/24/10 - In accordance with Tx LGC 43.053.g and Tx LGC 43.056j, staff completed an Inventory of Services and Facilities (ISF). Subsequent to the completed ISF, staff posted the ISF and a Service Plan for the proposed annexation areas on the City's website. 1/14/11 - In accordance with Tx LGC 43.0561.c, staff sent Notices to affected property owners of the 1st Public Hearing. On 2/1/11 - The Denton City Council held the first to two (2) required public hearings. ATTACHMENTS 1. Exhibit 1 - Adopted Annexation Ordinance; 2. Exhibit 2 - Comprehensive Location Map of Annexation Areas; 3. Exhibit 3 - Map of Annexation Area - DH-7; 4. Exhibit 4 - Map of Annexation Area - DH-9; 5. Exhibit 5 - Map of Annexation Area - DH-12; 6. Exhibit 6 - Initial Service Plan; and 7. Exhibit 7 - 3-Year Annexation Schedule. Prepared by Mark A. Cunningham, AICP Director, Planning and Development Division Respectfully submitted: Fred Greene Assistant City Manager Page - 2 ANNEXATION PROCEDURE UNDER TEXAS LOCAL GOVERNMENT CODE Tx.LGC §43.052 establishes the standards by which municipalities must abide with regards to annexation. The following is a description of the steps that must be followed during the annexation procedure. Adoption of an Annexation Plan: Per Tx.LGC §43.052, a home-rile municipality such as the City of Denton (the City) must adopt an Annexation Plan. The Annexation Plan must identify all areas proposed for annexation and annexation of the area may not occur prior to the 3rd anniversary of the date the plan is adopted or amended. Id. at §43.052(c). The "three-year waiting period" is a misnomer, because the City must begin notice, hearing and negotiation procedures almost immediately after placing an area in the Annexation Plan. The annexation of the areas identified in the Annexation Plan must be completed before the 31st day after the third (3rd) anniversary of the date the area was included in the annexation plan. If the annexation is not completed within the prescribed period, the City may not annex the areas proposed for annexation before the fifth (5th) anniversary of the last day for completing the annexation. Written Notice and Internet Posting Requirement: Written Notice Requirement: Prior to the 90th day after the date the City adopts or amends the Annexation Plan, the City shall give written notice to (1) each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located: (2) each public entity, as defined by Tx.LGC §43.053, or private entity that provides services in the area proposed for annexation; and (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. The notice shall state that the area has been included in or removed from the municipality's annexation plan. A "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or a special district, as that term is defined by Tx.LGC §43.052. Id. at Tx.LGC 43.033(a). The City must also provide the written notice to all school districts located in an area to be annexed within the period prescribed for publishing of the first public hearing. The notice must include any financial impact on the district that may result from the annexation and the city's proposal to limit the effects of that financial impact. (Id. at Tx.LG( 13.905) Internet Posting Requirement: In addition to the above written notice requirement, since the City has an internet website, the City is required to: (1) post and maintain the posting of the Annexation Plan on the city's Internet website; (2) post and maintain the posting of any amendments to include all areas in the Annexation Plan until the date the areas are annexed; and (3) post and maintain the posting of Page - 3 any amendments to remove any areas from the Annexation Plan until the date the City may again include the area in the Annexation Plan. Inventory of Services and Facilities - Tx.LGC § 43.053: Prepare an Inventory of Services and Facilities: Per Tx.LGC §43.053, the City of Denton must compile a comprehensive Inventory of Services and Facilities (ISF) provided by public and private entities, directly or by contract, in each area proposed for annexation, after adopting or amending the Annexation Plan. The ISF must include all services and facilities the City is required to provide or maintain following the annexation. This ISF must be completed, and made available for public inspection, on or before the 60th day after the date the City receives the required information from service providers in the area. Id. at Tx.LGC §43.033(8). To accomplish this task, the City is required to request, in the notice required under Tx.LGC § 43.05.(1), the information necessary to complete the inventory from all public and private providers. Additionally, the public and private providers are required to provide the information requested by the City within 90 days of receipt of the request; however, the service provider and the City may agree to extend the period for providing the information. Should a provider fail to provide the necessary information within the 90 day period, the City is not required to include the information in the inventory. Id. at Tx.LGC §43.053(c). The City may monitor the services provided and verify the information provided. Id. at Tx.LGC § l3.053(h). Information required to be Included in the Inventory of Services: The information required in the ISF shall be based on the services and facilities provided during the year preceding the date the City adopts the Annexation Plan or amended the Annexation Plan to include additional areas. Per Tx.LGC 43.053(e), the information required to be provided by service providers, and included in the ISF must include the type of service provided, the method of service delivery, and the following information: (e) For utility facilities, roads, drainage strictures and other infrastructure provided or maintained by public or private entities, the inventory must include: (1) an engineer's report that describes the physical condition of all infrastructure elements in the area; and (2) a summary of capital, operational and maintenance expenditures for that infrastructure. (f) For police, fire and emergency medical services provided by public or private entities, the inventory must include: (1) the average dispatch and delivery time; (2) a schedule of equipment including vehicles; (3) a staffing schedule that discloses the certification and training levels of personnel; and Page - 4 (4) a summary of operating and capital expenditures. Tx.LGC § 43.053(c),(e) and (f). Prepare a Service Plan: Tx.LGC § 43.056 sets forth the requirements relative to scheduling for the provision of municipal services. The City must complete a Service Plan for the areas included in the Annexation Plan before the first (1st) day of the 10th month after the month in which the ISF is completed. Id at §43.056(a). Tx.LGC §43.056(c) defines "full municipal services" as "services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service." Immediate Services: The City is required to provide the following services on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection, except as provided by subsection (o). Subsection (o) provides that a municipality is not required to provide collection service to a person who continues to use the collection services of a privately owned collection service; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks; and (8) operation and maintenance of any other publicly owned facility, building or service. Level of Services: The Service Plan may not provide for services in the annexed area that would reduce the level of fire, police and emergency medical services within the city. Id at Tx.LGC § 13.056(t)(3). Second, the service plan must provide the area with a level of services comparable to or superior to the level of services available in other parts of the City with land-uses and population densities similar to those reasonably contemplated or projected in the area; however, if the area had a level of services equal to the services provided within the corporate boundaries of the City the Service Plan must maintain that same level of services. Finally, if the annexed area had a level of services for maintaining the infrastructure of the area superior to the level of services provided within the City, the Service Plan must maintain the infrastructure of the annexed area at a level of services that is equal or superior to the level of services previously enjoyed in the annexed area. Id at Tx.LGC § 13.056(g). Timing of Extending Utilities: Tx.LGC §43.056 does not require that the City provide a "uniform level of full municipal services" to each area of the municipality if different characteristics of topography, land use and population density constitute a sufficient basis for providing different levels of service. Id at 13.056(m). The analogous subsection in the prior law was the basis of a Texas Attorney Page - 5 General's Opinion, which stated that differences in the levels of services provided in annexed areas and existing areas of the city must be based on differences in topography, land use, and population density. Please see Exhibit 5. It is apparent that a city is not required to extend its services to a newly annexed territory prior to the extension of services to like areas within the City; however, to the extent that services in the annexed area are equal to or superior to those provided in the City boundaries (Id. at §43.056(g)) applies and the City must maintain that level of services. Length of Validity of Service Plan: A Service Plan is effective for ten (10) years. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million such as the City of Denton, may enforce the Service Plan by applying for a writ of mandamus no later than the second (2"`) anniversary of the date the person knew or should have known the municipality was not complying with the Service Plan. Upon application for a writ of mandamus, the City has the burden of proving the services have been provided in accordance with the Service Plan. Id. at Tx.LGC §43.036(1). Negotiations for Services: After conducting the public hearings required by Section 43.0561, the City and the property owners of the area proposed for annexation shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation. For purposes of these negotiations, the Commissioner's Court of Denton County shall select five (5) representatives to negotiate with the City. Id. at Tx.LGC §43.0562(a) (1) & (b). Arbitration: Per Tx.LGC §43.0564, if the City and the representatives of the area proposed for annexation cannot reach an agreement for the provision of services, either party by majority decision of the party's representatives may request the appointment of an arbitrator to resolve the service plan issues in dispute. The request must be made in writing to the other party before the 60th day after the date the service plan is completed. The municipality may not annex the area during the pendency of the arbitration proceeding or an appeal from the arbitrator's decision. If the parties cannot agree on the appointment of an arbitrator before the 11th business day after the date arbitration is requested, the Mayor of the City of Denton shall immediately request a list of seven (7) neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service. If the parties cannot agree on the appointment of an arbitrator from this list before the 11th business day after the date the list is provided to the parties, each party or the party's designee may alternately strike a name from the list. The remaining person on the list shall be appointed as the arbitrator. The arbitrator shall set a hearing to be held not later than the loth day after the date he or she is appointed, and shall notify the parties to the arbitration in writing of the time and place of the hearing not later than the 8th day before the date of the hearing. The authority of the arbitrator is limited to issuing a decision relating only to the service plan issues in dispute. The arbitrator may: (1) receive in evidence any documentary evidence or other Page - 6 information the arbitrator considers relevant; (2) administer oaths; and (3) issue subpoenas to require: 1. the attendance and testimony of witnesses; and 2. the production of books, records, and other evidence relevant to an issue presented to the arbitrator for determination. Unless the parties to the dispute agree otherwise, the arbitrator shall complete the hearing within two (2) consecutive days. The arbitrator shall permit each party one (1) day to present evidence and other information. The arbitrator, for good cause shown, may schedule an additional hearing to be held not later than the seventh day after the date of the first hearing. Unless otherwise agreed to by the parties, the arbitrator must issue a decision in writing and deliver a copy of the decision to the parties not later than the 14th day after the date of the final hearing. If the City does not agree with the terms of the arbitrator's decision, the City may not annex the area proposed for annexation before the fifth (5th) anniversary of the date of the arbitrator's decision. Except as provided by the Tx LGC, the City shall pay the cost of arbitration. If the arbitrator finds that the request for arbitration submitted by the representatives of the area proposed for annexation was groundless or requested in bad faith or for the purposes of harassment, the arbitrator may require the area proposed for annexation to pay all or part of the cost of arbitration. Annexation of Area Qualified for Agricultural Use: Per Tx LGC §43.035, a municipality is prohibited from annexing land that is appraised for ad valorem tax purposes as land for agricultural use under Chapter 23 of the Texas Tax Code unless the municipality offers to make a fifteen (15) year development agreement with the landowner under Tx LGC §212.172 of the Texas Local Government Code and the landowner refuses. The proffered development agreement may not exceed forty-five (45) years, and must guarantee the continuation of the ED status of the qualifying area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture. Id. at §43.035(b). The development agreement restricting the municipality's right to annex all or part of the property is void if the landowner files any type of subdivision plat or related development document for the area regardless of how the area is appraised for ad valorem tax purposes, and that such a development agreement is not a permit under the Vested Rights Act. Id. at 43.033(d) and (3). Page - 7 S:\Our Documents\Ordinances\10\Mnexation Plan approval ordinance revised.doc ORDINANCE NO. 2010-093 AN ORDINANCE ADOPTING AN ANNEXATION PLAN FOR THE CITY OF DENTON, TEXAS IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE CHAPTER 43 SUBCHAPTER C; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, Section 43.052 of the Texas Local Government Code requires that each city adopt an Annexation Plan in order to annex relatively populated areas not otherwise exempted from the requirements of such a plan; and WHEREAS, that statute further stipulates that no property or area may be annexed by a municipality until after the third anniversary of the date of adoption of a plan or plan amendment in which that particular property or area is designated for annexation; and WHEREAS, Section 43.052(h) of the Texas Local Government Code provides several exceptions that authorize cities to annex territory without placing the territory in an annexation plan; and WHEREAS, annexations conducted by the City of Denton, Texas prior to the passage of this Ordinance have satisfied the criteria imposed by one or more of these exceptions; and WHEREAS, the City of Denton, Texas now intends to initiate a 3-year annexation process of three relatively populated tracts previously designated in the City of Denton 2009 Annexation Study as DH-7, DH-9 and DH-12, and legally described and depicted in Exhibits A, B and C attached hereto and incorporated herein by reference (hereinafter collectively designated as the "Annexation Tracts") ; and WHEREAS, the City of Denton, Texas may from time to time in the future amend this Annexation Plan to specifically identify other annexations that may occur beginning on the third anniversary of the date this Annexation Plan is amended, pursuant to Section 43.052(c), NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas hereby adopts this annexation plan, and designates the three Annexation Tracts described in Exhibits A, B and C for annexation, pursuant to the planning requirements of Texas Local Government Code Section 43.052. SECTION 2. Beginning on and after the third anniversary of the effective date of this ordinance, the City of Denton, Texas intends to extend its city limit to include the Annexation Tracts. Page 1 S:\Our Documents\Ordinances\lo\Anne ation Plan approval ordinance revised.doc SECTION 3. All ordinances or resolutions or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, or amended as specified herein to the extent of any conflict. SECTION 4. Should any section or part of any paragraph of this ordinance be declared invalid or unconstitutional for any reason, it shall not invalidate or impair the validity, force, or effect of any section or part of a section or paragraph of this ordinance. SECTION 5. The ordinances and resolutions of the City of Denton, Texas, and the Code of Ordinances of the City of Denton, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6. This ordinance shall become effective immediately upon passage and approval. PASSED AND APPROVED this, the 6h day of April, 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: Page 2 ANITA BURGESS, CITY ATTORNEY S:\Our Documents\Ordinances\10\Annc adon Plan approval ordinance.doc Exhibit A DH-7 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1965-43 (Tract III), Ordinance 1978-028, Ordinance 1985-30, Ordinance 1987-119, Ordinance 2000-440, Ordinance 2003-231, and Ordinance 2007-293; and being more specifically described as follows: BEGINNING at a point described in Ordinance 87-119, said point being 55 feet east of the centerline of FM 2182; THENCE North 89° 14' East, 195.9 feet to a point for a corner, as described in Ordinance 87-119, said point being 250 feet east of the and perpendicular to the centerline of FM 2181; THENCE Southerly to a point of intersection with north boundary line of the property described in Ordinance 2003-231; said point being the northwest corner of the said property; THENCE South 89° 36' East, 1449 feet (more or less) to a point for a corner, said point being the northeast corner of the said property; THENCE South 00° 39' West, 2124 feet (more or less) to a point for a corner, said point being the southeast corner of said property; THENCE South 89° 40' West, 980.52 feet (more or less) to the northeast corner of the current City Limits as described in Ordinance 2007-293 ; Thence South 06 degrees 14 minutes 36 seconds West, a distance of 90.03 feet to a point for a corner being the Southeast corner of existing said City limits line and being on a northern line of existing City limits line established by Ordinance 87-119; THENCE Southeasterly and Easterly along a line 250 feet east and north of and parallel to the centerline of FM 2181 to a point intersecting with the City limits as described in Ordinance 87-119 and Disannexation Ordinance 78-28; THENCE Northerly along the City Limit Line as described in Ordinance 78-28, said line being the west line of the property described in said Ordinance, to a point of intersection with the southern line of the property described in Ordinance 85-30; THENCE West to the point of intersection with the property described in Ordinance 2000-440, said point being the southwest corner of the property described in Ordinance 85-30 and the southeast corner of the property described in Ordinance 2000-440; THENCE South 89° 34' 07" West, 2483.03 feet to a point for a corner, said point being 55 feet east of and perpendicular to the centerline of FM 2181; S:\Our Documents\Ordinances\ 10\Annesalion Plan appro%^ ,I ordinance.doc THENCE Southerly along a line 55 feet east of and parallel to the centerline of FM 2181 to the Point of Beginning, containing approximately 143 acres. N L.L 0 in Dr. 0 00 (eath rw od 0 0 DH 7 0 ° Y lo I I I Nas9ev\Ln. SA0ur Documcn[s\0rdinances\10\Annexation Plan approval ordinmice.doc Exhibit B DH-9 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & Ill), Ordinance 1984-97, Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract II), and Ordinance 2004-192; and being more specifically described as follows: BEGINNING at a point described in Ordinance 86-130, said point being on the north boundary line of the property described in Ordinance 84-97 and a point in the center of Swisher Road, said point also being the Point of Beginning of the property described in Ordinance 86-130; THENCE North 00° 41' 04" East, 1520.87 feet with the center of Swisher Road to a point for a corner; THENCE North 89° 50' 58" East, 1655.56 feet to a point for a corner; THENCE northerly along the west line of the property described in Ordinance 86-130 to a point described in Ordinance 98-256, said point being the southeast corner of the property described in Ordinance 98-256; THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the point of beginning for the property described in Ordinance 98-256; THENCE North 04° 44'29" East, 283.1 feet to a pin for a corner; THENCE North 72° 08' 23" East, 271.89 feet to a point for a corner; THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner; THENCE South 86° 21' 22" East, 150.03 feet to a point for a corner; THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the northeast corner of the property described in Ordinance 98-256 and on the west line of the property described in Ordinance 86-130; THENCE northerly along the west line of the property described in Ordinance 86-130, said point being the northeast corner of the property; THENCE North 89° 29' 03" East, 1261.48 feet to a point for a corner; THENCE North 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of a curve described in Ordinance 86-130; THENCE 552.92 feet along the above referenced curve to a point at the end of the curve; THENCE North 21° 19'44" East, 698.69 feet to a point for a corner, said point on a line as described in Ordinance 82-214; S:\Our Documents\Ordinances\10\Annexation Plan approval ordinance.doc THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner, said point being US Army Corps of Engineers (USACE) Monument P-238-W; THENCE along a series of courses and distances as described in Ordinance 82-214 as follows; South 82° 18' West, 236.4 feet to USACE Monument P-239-W; South 69° 35' West, 556.8 feet to USACE Monument P-240-W; North 38° 59' West, 1140.8 feet to USACE Monument P-241-W; South 58° 12' West, 672.9 feet to USACE Monument P-242-W; North 88° 58' West, 547.2 feet to USACE Monument P-243-W; North 17° 12' West, 341.7 feet to USACE Monument P-244-W; North 27° 41' East, 164.7 feet to USACE Monument P-245-W; THENCE South 88° 58' East to a point of intersection with the property described in Ordinance 86-129; THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a series of courses and distances as described in Ordinance 86-129 to a point of intersection with the east boundary of the property described in Ordinance 83-18; THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the southeast corner of the property described in Ordinance 83-18; THENCE Westerly approximately 310 feet to a point of intersection with the property described in Ordinance 2004-192, said point being the northeast corner of said property; THENCE South 02° 30'20: West, 598.74 feet to a point for a corner; THENCE South 86° 34' 09" East, 289.44 feet to a point for a corner; THENCE South 02° 13' 37" West, 296.76 feet to a point for a corner; THENCE North 87° 3554" West, 288.25 feet to a point for a corner; THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner; THENCE South 87° 35' 54" East, 288.25 feet to a point in Swisher Road; THENCE South along the center of Swisher Road, approximately 678.27 feet to a point at a corner; THENCE South 89° 38' 54" West, 2051 feet to a point for a corner; THENCE North to a point of intersection with the property described in Ordinance 86-218; THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner; S:\Our Documents\Ordinances\10\Annesation Plan approval ordinance.doc THENCE South 04° 19' 30" West, 1507.29 feet to a point for a corner, said point being the southeast corner of said tract and lying in the center line of Edwards Road and having an intersection of a northerly line of the property described in Ordinance 99-262; THENCE Easterly along the centerline of Edwards Road to a point for a corner; THENCE South 00° 21' 39" East, 1328.19 feet to a point for a corner, said point being on the north line of the property described in Ordinance 84-17, Tract II; THENCE Easterly to a point intersecting the east line of the property described in Ordinance 2004- 134, Tract II; THENCE South 02° 02' 31" West, 724.32 feet to a point for a corner; THENCE North 87° 02'50" West, 73.11 feet to a point for a corner; THENCE South 02° 00'40" West, 596.16 feet to a point on Pokrus Page Road; THENCE Easterly to the Point of Beginning, containing approximately 298 acres. 0 0 =1 0 ~ PockrLIs Pale DH-9 L S:\Our Documenrs\Ordinances\IO\Annexation Plan approval ordinance.doc Exhibit C DH-12 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1965-43 (Tract 1), Ordinance 1983-134, Ordinance 1984-98, Ordinance 1985-210 (Tracts 1, 3 and 4-A), Ordinance 1986-22 (Tracts II & III), Ordinance 1986-129, Ordinance 1989-1, Ordinance 1996-68, Ordinance 1996-232, and Ordinance 2001-244; and being more specifically described as follows: BEGINNING at a point at the southwest corner of the property described in Ordinance 96-068, said point being in the center of Mayhill Road and the north right-of-way line of Blagg Road; THENCE East along the north right-of-way line of Blagg Road, 407.5 feet to a point for a corner; THENCE North 1244 feet to a point for a corner, said corner being the northeast corner of the property described in Ordinance 96-068 and being on the south line of the property described in Ordinance 65-43, Tract I; THENCE Northeasterly along a line to a point of intersection with the west line of the property described in Ordinance 86-22, Tract II; THENCE South to a point for a corner, said point being the southeast corner of the property described in Ordinance 86-22, Tract II, also being on the east right-of-way line of Geesling Road; THENCE South 00° 30' 22" East, 59.37 feet along the east line of Geesling Road to a point for a corner; THENCE South 89° 27' 34" East, 337 feet to a point for a corner; THENCE South 00° 55' 15" West, 538.17 feet to a point for a corner; THENCE North 89° 54' 18" West, 337 feet to a point for a corner; THENCE South 00° 00' 11" East, 459.04 feet along the east line of Geesling Road to a point for a corner; THENCE South 40° 27' 41" East, 255.8 feet to a point for a corner; THENCE North 89° 59' 49" East, 549.5 feet to a point for a corner; THENCE South 46° 13' 49" West, 45.10 feet to a point for a corner; THENCE South 89° 54'30" East, 36.28 feet to a point for a corner; THENCE South 00° 05' 30" West, 365 feet to a point for a corner, said point being on the north line of Blagg Road; THENCE South 89° 54' 30" East, 719.56 feet, along the north line of Blagg Road to a point for a corner; S:\Our Documents\Ordinances\IO\Annexation Plan app-o ] ordinance.doc THENCE North 00° 07' 52" West, 985.11 feet to a point for a corner; THENCE South 89° 24' 39" East to the point of intersection of the property described in Ordinance 96-232; THENCE South 03° 04' 00" West, 980.18 feet to a point on the north line of Blagg Road; THENCE Easterly along the north line of Blagg Road to a point of intersection with the west right- of-way line of Lakeview Boulevard; THENCE southerly along the west right-of-way line of Lakeview Boulevard to the south right-of- way of Blagg Road; THENCE westerly along the south right-of-way line of Blagg Road to a point described in Ordinance 2001-244, said point also being the northeast corner of the property in the said Ordinance; THENCE South 89° 28' 01" West, 745.32 feet along the south right-of-way of Blagg Road to a point for a corner; THENCE South 00° 05' 17" East, 416.59 feet to a point for a corner; THENCE South 89° 59' 36" West, 676.35 feet to a point for a corner; THENCE South, 247.72 feet to a point for a corner; THENCE East, 165 feet to a point for a corner; THENCE South, 261.78 feet to a point for a corner; THENCE West, 165 feet to a point for a corner; THENCE South 710.41 feet to a point for a corner; THENCE East, 1421 feet to the intersection with the property described in Ordinance 84-98; THENCE Southerly along the west line of the property described in Ordinance 84-98 to a point for a corner; THENCE South 83° 12' 10" East, 693.59 feet to a point for a corner; THENCE South 3° 57' 40" West, 646.13 feet to a point for a corner; THENCE Easterly to point on the west line of the property described in Ordinance 85-210, Tract 3, said point being the northwest corner of the said tract; THENCE South 2° 45' 06" West, 822.11 feet to a point for a corner; THENCE South 75° 04' 19" East, 144.36 feet to a point for a corner; THENCE South 39° 15'29" East, 87.11 feet to a point for a corner; THENCE South 9° 13' 56" East, 72.59 feet to a point for a corner; s:\Our Documents\Ordinances\10\Mnexadon Plan approval ordinance.doc THENCE South 48° 27'58" West, 28.64 feet to a point for a corner; THENCE North 86° 10'37" West, 194.01 feet to a point for a corner; THENCE South 2° 45' 06" West, 561.45 feet to a point for a corner; THENCE South 82° 33'40" East, 707.37 feet to a point for a corner; THENCE South 16° 50' 50" West, 146.41 feet to the intersection with a line on the property described in Ordinance 84-98; THENCE North 86° 04'29" West, 681.98 feet to a point for a corner; THENCE South 2° 28' 38" West, 525.40 feet to a point for a corner; THENCE South 86° 26'40" East, 1423.30 feet to a point for a corner; THENCE South 2° 48' 25" West, 2127.77 feet to a point for a corner; THENCE South 2° 13' 47" West, 706.64 feet to a point for a corner; THENCE South 64° 50' 47" East, 407.19 feet to an intersection with a line on the property described in Ordinance 85-210, Tract 1; THENCE South 00° 45' 09" West to a point of intersection with a line on the property described in Ordinance 86-129, said point being the northeast corner of said tract; THENCE Northwesterly along a line 250 feet northeasterly of the center line of FM 426 on a series of courses and distance described in Ordinance 86-129 to a point of intersection with the east line of the property described in Ordinance 83-134; THENCE North 00° 05' East, 1274.77 feet to a point for a corner; THENCE East, 15 feet to a point for a corner; THENCE North 00° 05' East, 2255.94 to a point for a corner; THENCE South 89° 17' West, 1444.17 feet along the south right-of-way line of Mills Road to a point for a corner, said point being the northwest corner of the property described in Ordinance 83- 134 and the northeast corner of the property described in Ordinance 89-001; THENCE Westerly, 2944.96 feet along the south right-of-way line Of Mills Road to a point in the centerline of Mayhill Road on the east line of the property described in Ordinance 65-43, Tract I; THENCE Northerly along the centerline of Mayhill Road to the Point of Beginning, containing approximately 1,162 acres. City of Denton, Texas DH 12 -1,154 Acres rI~NKHOLS N W~ S Feet 0 600 1,200 2,400 3,600 EXHIBIT 2 Comprehensive Location Map of Annexation Areas 1,595 Total Acres 2010 Annexation ''F°` cA• t Base Map 13 y nti e HMO, § 1 ~ P Airr 1 D rd'1 ON 1 12 1 'f'1 I S $J'~ { t FCC ak V I r f t 41 h 4 4~z q'~r Page - 9 EXHIBIT 3 Proposed Annexation Area DH-7 DH-7 encompasses approximately 143 acres and is bounded on the north, west and south by current city limits. It is located on the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive. This area is outlined in yellow on the aerial map below. D H 7 f 41 ~ 71-AC-0ig i Y[' r F ['rf, r,r c Y :iM#rf rC~'~_$J rf'riP4 ~II~P:[C~1StF' d' 54 CD 4P t~ - ff i rte.. i 71 s' r I 'R' nS~$G F In 44 4 r• Page - 10 EXHIBIT 4 Proposed Annexation Area DH-9 DH-9 encompasses approximately 298 acres of land and is bounded by current city limits on all sides; north, south, east and west. DH-9 is located north of Pockrus Page Road, north, south and northeast of Edwards Road. This area is outlined in yellow on the aerial map below. oR 1 i - o T N{ R}k A • DH9 s a ZV4 W i X~N gy p` a ~ d A 14 jiv s r A l r ♦ yam, o 0 r a., vFYr a1~'~~~ Page - 11 EXHIBIT 5 Proposed Annexation Area DH-12 DH-12 encompasses approximately 1,154 acres of land and is bounded by current city limits on all sides; north, south, east and west. DH-12 is located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road. This area is outlined in yellow on the aerial map below. M1 ~ ;.A ;ME u # f r " t y ~ s Page - 12 Exhibit 6 Initial Service Plan L AREA ANNEXED The areas to be annexed include approximately 1,595 acres of land contained in three (3) distinct areas as shown on the attached maps. The 3 areas are unincorporated pockets located within City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as DH-7, DH-9 and DH-12. The proposed annexation contains multiple owners. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: Page - 13 I . Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, tricks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Constriction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Page - 14 Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities The proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities The proposed annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Page - 15 Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any constriction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constricted based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. L Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be Page - 16 maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page - 17 EXHIBIT 7 3-Year Annexation Schedule DH-7, DH-9, DH12 1 Adopt Annexation Plan and po_L 4/6/2010 plan on website (Tx.LGC 43.052) 2 Notice of Intent to all property Prior to the 90th day after the 6/30/2010 owners, public/private entities, CC adopts the plan railroad companies and post on website (Tx.LGC 43.052.f) 3 Request Inventory of Services and Shall be requested at the time 6/30/2010 Facilities provided by public/private of the Notice of Intent entities (Tx.LGC 43.053c) 4 Receive information provided by 90 days after request is made 9/27/2010 public and private service providers (Tx.LGC 43.053.c) 5 Complete Inventory of Services and On or before the 60th day after 11/24/2010 Facilities and make available for the information is received public inspection (Tx.LGC 43.053.g and Tx.LGC 43.056j) 6 Notice of 1s' Public Hearing (Tx.LGC On or after the 20th day, but 1/14/2011 43.0561.c) before the 10th day before the date of the hearing 7 Notice of 2nd Public Hearing (Tx.LGC On or after the 20th day, but 1/26/2011 43.0561.c) before the date of the hearing 8 Proposed Service Plan must be Prior to public hearings 1/25/2011 made available for public inspection and explained at the public hearings (Tx.LGC 43.056.j) 9 1St Public Hearing (Tx.LGC Not later than the 90th day 2/1/2011 43.05 & Tx.LGC 43.0561.c) after the Inventory is made available to the public 10 2nd Public Hearing (Tx.LGC Not later than the 90th day 2/15/2011 43.05 & Tx.LGC 43.0561.c) after the Inventory is made available to the public. Must also consider that public hearings must take place on or Page - 18 before the 20"' day, but after the 10th day after the date of the notice of public hearing in accordance with 43.0561.C. Therefore, both hearings must take place by 2/15/20, which is 20 days after 1/26/2011 public hearing notice date. 11 Negotiations for Provision of After the 2nd public hearing, 3/8/2011 Services after annexation or in lieu but before adoption of the of annexation (Tx.LGC 43.0562) Annexation Ordinance 12 Final Service Plan (Tx.LGC 43.056.a) Before the 1st day of the 10th 8/26/2011 month after the month in which the inventory is prepared. 13 Request arbitration regarding Before the 60th day after the 10/10/2011 negotiations (if required) (Tx.LGC date the service plan is 43.0564) completed. 154 1st Reading of the Ordinance 1/10/2012 15 Non-Annexation Agreements October, 2011 offered to property owners with Ag. exemptions (Tx.LGC 43.035) 16 17 Ordinance Publication The ordinance or any 3/6/2013 amendment thereof shall not be acted upon until at least 30 days after newspaper publication date. (Charter) 2nd Reading of the Annexation Approve on 2nd Reading before TBD Ordinance 3 years + 31 days 5/7/2013 Page - 19 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Planning and Development ,7' ACM: Fred Greene i! SUBJECT - Z10-0013, Fannin Street Apartments Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation with an overlay, on approximately 0.51 acres of land located on the south side of Fannin Street and west of Avenue A; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date (Z10-0013). The Planning and Zoning Commission recommends approval with an overlay district (6-0). PROPOC A T , The applicant, Chris Watts, is requesting the rezoning of the subject property to constrict a multi-family development, consisting of two (2), four unit apartment buildings, containing 2 bedrooms and 2 bathrooms per unit. The applicant indicated that the design of the development will be similar to a multi-family development that he currently owns just south of the subject site, located at 1118 Collins Street (See Exhibit 8). It is important to note that if the subject property is rezoned to DR-2 as requested, the property may be developed in accordance with the full use classification associated with the DR-2 district. BACKGROUND The property is currently undeveloped, as the single family home that existing on the lot was demolished in 2010. The subject property was platted in 1906 as Lot 3, Block 3 of the Wattam Addition. However, at some point the lot was subdivided via metes and bounds description and sold as two lots; Lot 3, Block 3, West '/2 of the Wattam Addition and Lot 3, Block 3 East '/2 of the Wattam Addition. The City of Denton has no record of this subdivision. Furthermore, the City does not recognize metes and bounds subdivision of land. Therefore, the City considers the subject land holding to be one (1) 0.51 acre lot. The current owner purchased the entire 0.51 acres in 2006. The subject property was rezoned from Single Family 7 (SF-7) to DR-1 as a result of the city- wide rezoning in 2002. Uses in the SF-7 zoning district were limited to single family homes with allowances for certain educational and institutional uses, with approval of a Specific Use Permit (SUP). Staff sent eighteen (18) certified notices of the public hearing to property owners within two hundred (200) feet of the subject property and seventy five (75) courtesy notices to residents and property owners within five hundred (500) feet of the property. As of this writing, staff has received one (1) notice in favor of the request and one (1) notice in opposition to the request from property owners within 200 feet of the site. The property opposed to the request represents 10% of the total land area within 200 feet of the site. DRC Findings/Recommendation Page 1 of 22 Case#: ZIO-0013 PRIOR ACTION 1. Planning and Zoning Commission Public Hearing January 19, 2011 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of the request subject to the following restrictive overlay: • Only residential uses are permitted The Development Review Committee (DRC) recommends APPROVAL of Z10-0013. EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Notification Map 6. Property Owner Responses to Notification 7. Site Photos 8. Site Photos of 1118 Collins Street 9. Planning and Zoning Commission Minutes 10. Ordinance Prepared by: 4"VaMtoz Johnna M. Matthews Senior Planner Respectfully submitted: Marls A. Cunningham, AICP Planning and Development Director DRC Findings/Recommendation Page 2 of 22 Case#: ZIO-0013 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: January 19, 2011 TYPE: Rezoning CC Date: February 15, 2011 PROJECT Z10-0013 Project Number: Z10-0013, Fannin Street Apartments Request: Rezone approximately 0.51 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district. Applicant/Property Chris Watts Owner: 419 S. Carroll Boulevard, Suite 113 Denton, TX 76201 Location: The property is generally located on the south side of Fannin Street and west of Avenue A. Size: 0.51 acres Existing Zoning Designation: Downtown Residential 1 (DR-1) Proposed Zoning Designation: Downtown Residential 2 (DR-2) Future Land Use: Downtown University Core Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of Z10-0013. Denton Development Code Analysis The proposed zoning district of DR-2 is one (1) of four (4) zoning districts within the group of Downtown University Core districts. Zoning districts within the Downtown University Core group include, in the following order of intensity; Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G). The purpose of this group of zoning districts is to encourage mixed use developments within specified commercial areas of the district. The district is also pedestrian friendly. The existing DR-1 zoning district is primarily a residential zoning district with allowances for only a bed and breakfast with a limitation and temporary uses in the commercial land use category. The existing zoning district does not permit industrial uses, with the exception of gas wells with approval of a Specific Use Permit (SUP); and various institutional uses are permitted, including basic utilities with approval of a SUP, parks and open space, churches, semi-public halls, clubs and lodges, adult or child daycare, and elementary schools. DRC Findings/Recommendation Page 3 of 22 Case#: Z10-0013 The DR-2 zoning district permits a maximum density of 30 dwelling units per acre with a limitation. Limitation L(5) states that within the district, the density of apartments will be calculated as one bedroom equating to .5 units. Based on the lot in question, the applicant could have 15, 1-bedroom units on the 0.51-acre site. The applicant is proposing 2, 4-unit apartments with 2 bedrooms and 2 bathrooms for a total of 8 units. The table below highlights the differences in uses and general regulations of the existing zoning district of DR-1 and the proposed zoning district of DR-2. Following is a list of limitations associated with various uses, when the below table identifies a use as permitted, but limited. Categories Residential Land Use ~ (Existing) (Proposed) Attached Single Family Dwellings N P Dwellings Above Businesses N P Multi-Family Dwellings N L(5) Categories Commercial Land Use D. D. (Proposed) Bed and Breakfast L(8) L(9) Retail Sales and Service N L(15) Professional Services and Offices N L(15) Laundry Facilities N P Administrative or Research Facilities N SUP Broadcasting of Production Studio N SUP Categories Industrial Land Use D. D. (Proposed) Veterinary Clinics N SUP Categories Institutional Land Use D. D. (Proposed) Middle School N P Medical Centers N SUP Limitations L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(8) = Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent propertt. 2. That each accommodation unit shall have 1 off-street puking space, and the owners shall have 2 puking spaces. All spaces shall be in conformance with the requirements of the Off-Street Puking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maxirnum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. DRC Findings/Recommendation Page 4 of 22 Case#: Z10-0013 4. That the number of accommodation units allowed shall be proportional to the permitted density- of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. -5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City- Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. Findings of Fact The request is to rezone the approximately 0.51-acre site from DR-I to DR-2 to facilitate the construction of a multi family development. The applicant also proposes to restrict uses at this location to residential only. There is currently an existing single family home on the site in which the applicant proposes to demolish. 2. Prior to 2002, when the City of Denton was rezoned, the property was zoned Single Familv 7 (SF-10). 3. The site is located within a "Downtown University ('ore" future land use designation. The Denton Plan states that specified commercial areas of the downtown university core district should be places of great vitality, with a mix of educational residential, retail, office, service, government, cultural and entertainment development. The health and vitality of the area can contribute in a nigjor way to the city, its local and regional m?age, and quality of life. It is a place where residents can live, work, learn and plav in the same neighborhood. It includes different uses which may occur on each floor of the building. 4. The proposed (DR-2) zoning districts will not require a comprehensive plan amendment. Both the existing and proposed zoning districts fall within the above future land use designation. Both zoning districts also belong to the Downtown University Core group of zoning districts whose intent is to encourage mixed use developments within specified commercial areas of the district. This district is pedestrian f°iendly. The University Core group has four (1) zoning districts including Downtown Residential I (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (D(N) and Downtown C011lulercial General (DC-G). 5. Adjacent zoning districts include DR-1 and DR-2 to the north and south and DR-1 to the west and east. 6 The surrounding area is developed with a mix of various uses. North of the site are existing multi family developments, single family homes and various institutional uses. West of the site are single family homes as well as duplexes. East of the site are multi- family developments and south of the site, multi family. 7. There are no Environmentally ,Sensitive Areas (E,SAs) on site. DRC Findings/Recommendation Page 5 of 22 Case#: Z10-0013 8. Fannin Street is classified as a Residential Avenue Collector, per the City of Denton Mobility Plan, requiring 32.5 feet firom the centerline of the street to the property line. 9. Construction of 8 foot sidelvalks is required along the frontage of the property. 10. Water is available from the existing 6 inch main along Fannin Street. 11. Server is available rom the existing 8 inch gravity main along Fannin,Street. 12. Denton Municipal Electric (DME) is the electric provider for the site. 13. The number of parking spaces for a multi family development is based on the number of bedrooms. Based on the applicant's proposal of eight 8, 2-bedroom units, 14 parking spaces are required. Development Review Committee The Development Review Committee finds that the request IS CONSISTENT with the general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z10-0013. GENERAL NOTES XOTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All irritten comments made in the application and subsequentsubmissions of'information made during the application review process, irhich are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance frith the Denton Plan, Denton Development Code or other development regtdations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Downtown Residential 2 (DR-2) Downtown Residential 2 (DR-2) Downtown Residential 2 (DR-2) Downtown Residential I (DR-1) Downtown Residential I (DR-1) West: East: Downtown Residential I (DR-1) Downtown Residential l (DR-1) Southwest: South: Southeast: Downtown Residential I (DR-1) Downtown Residential 2 (DR-2) Downtown Residential 2 (DR-2) Downtown Residential I (DR-1) Source: City of Denton G ographical brforrrratiolr Systerrr mid site visit by City staff DRC Findings/Recommendation Page 6 of 22 Case#: Z10-0013 Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within '/4 mile radius of the site is comprised of approximately 145 acres. Uses within a '/4 mile radius of the site include a range of uses from each land use category of the Denton Development Code, with the exception of industrial uses. Specifically, within a '/4 mile radius, there are 239 lots for which single family residences are located; 55 lots which contain multi- family uses are located; 49 lots with institutional uses such as schools and churches; 15 lots for which commercial uses are located; and approximately 47 undeveloped lots. Comprehensive Plan: The proposed rezoning from DR-1 to DR-2 will not require a comprehensive plan amendment. The underlying future land use designation for the area considered for down zoning is Downtown University Core. Pursuant to the Denton Plan (Comprehensive Plan of the City of Denton), specified commercial areas of the downtown university core district should be places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image and quality of life. It is a place where residents can live, work, learn and play in the same neighborhood. It includes different uses which may occur on each floor of the building. Zoning Allocation: Currently, there is approximately 126 acres of land within the city that is zoned DR-1 and approximately 580 acres of land within the city zoned DR-2. The DR-1 land allocation will decrease to 125.49 acres and the DR-2 zoning land allocation will increase to approximately 580.51 acres. Zoning Allocation Zoning District Current Allocation Proposed Allocation DR-1 126 acres 125 49 acres (Existing) . DR-2 (Proposed) 580 acres 580.51 acres Nearest Elementary, Middle, and High School Name of School Approximate Distance Existing % Capacity Project's Estimated Annual From Subject Property Student Generation Borman Elementary 1.7 f miles 53% 2 School Calhoun Middle 1.3 f miles 64% 1 School Denton High School 2 f miles 85% 1 N'ource: Denton IndependentNchool District Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station # 3 (1204 McCormick) 0.3 miles f Source: Cite ofDerrtorr (;IS, Fire Dej)artmerit, alid EIAIS DRC Findings/Recommendation Page 7 of 22 Case#: ZIO-0013 Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject Property Estimated Im pact Analysis 0.51 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Densit-v 30 Dwelling Units/Acre Yes Potable Water Consumption 18.2 Yes (GPM) Wastewater 13 5 Yes Generation (GPM) . B. Available Capacity: Water is currently available from the existing 6" main along Fannin Street. Sewer is available from the existing 8" gravity main along Fannin Street. No extensions of public water or sewer mains will be required. C. CIP Planned Improvements: None Planned Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im pact Analysis 0.26 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Densit-v 8 units Yes Average Annual 53 Yes Daily Trips (AADT) PM Peak Hour Trips 5 Yes B. Available Capacity: Fannin Street is classified as a Residential Avenue Collector which requires 65' of ROW; 32.5' from the centerline of the street to the property line will be required. C. Roadway Conditions: Fannin Street is in fair condition and constriction of 8-foot sidewalks will be required. D. CIP Planned Improvements: None Planned Environmental Conditions: There are no Environmentally Sensitive Areas (ESAs) on site. Electric: The electrical provider in the area is Denton Municipal Electric (DME). DRC Findings/Recommendation Page 8 of 22 Case#: Z10-0013 Exhibit 1 Site Location/Aerial Map ,fff ~ n1 ~ nt=n; I f ^r744 ~ ~ ~b ~ ~ ~ I I M DRC Findings/Recommendation Page 9 of 22 Case#: Z10-0013 Exhibit 2 Existing Zoning Map CAF` - 1 DRC Findings/Recommendation Page 10 of 22 Case#: Z10-0013 Exhibit 3 Proposed Zoning Map LR I " DRC Findings/Recommendation Page 11 of 22 Case#: Z10-0013 Exhibit 4 Future Land Use Map i 1 r 1 i DRC Findings/Recommendation Page 12 of 22 Case#: Z10-0013 Exhibit 5 Notification Map J a~ i :T} +S Ff S I ~j Soarid :rl4, II k L..,-, O Z10-0013 2f 2.'2 Feet *QQ Ft. i~,Fr4llft~±Sp 1-4oIif~4ti is Eor i~ra' UP UNJ i-? 's DRC Findings/Recommendation Page 13 of 22 Case#: Z10-0013 1 ~I aW NOTICE OF PUBLIC HEARING Z100013 To Ph?Nltry and Z rl'l l 'ir'll"71 m ly` to CI:}'' OF `_leI1Wn v"K i"irs a tS.rh,i•C "-f a'; g On 4Veveymy, January 1$ 221' ",c, fiwl;l,,, nu mg a r! yir-y;" Il a[ion to U; CcjurO r~:ll f;l'I(I l.Fj~ Y~.`Cirllflrl :;f r7P~r..: yllrl'r a1 f;; ~yr 0,51 r,.f r@rl.;~ fr(7.,ril ii rlr,,''l.rnlr~eS'~I F,E_ti rl[I"~'ik' 1 CIF. :La ifll rn tdistwt ans`3 I,1 ~C7 tidaW,. f cabun 0 a Downtawn hams 1hia1 2 L! zanirr ill ,t Ii and r°;r: c, Y;Wr -,ia&l. 1.a WON for t ti'f', f,.,kll rr' rir: l: r~; rr~_~rlt -A a t'e lr)p me Fit_ ",`e p."clrr t r iti generally ou-L~[u:jarr the ;idr fjh 8n;', I'~ ti'it`F,;('l: 27r'lii L"d , rlt 1-1':t.;l'I'.liw ~6, The prt-,li I I ,rir:r, v Al q@1 ak 3n , Iii, n T a I'.Y t:GWlril Chs_t r l .r; Cl: City Hall I i' ;;dt 15 C.. fr; :ryn:^4; krr=1, Ias r_ kr' r'i,11 l:rA n,r tf 4t'd~ir7 qt'^ tI, r_rf- Fp Prle SY r, t t:''tY?p•'dy,. fir u PAW MY Ei'u r w U Y G.TfrAw wL;w Ike to hoor hqN Lgfu ,'II)cG 4 M'i'd rVf+'O WN On IL46 S eUD ~117 it j,rrrl tl ~,h. f~J ffa: ~"Ir irir. f. Rlc,: rse !:r} 4or your c,,p 71.i to hl4 AAr rn Irjh:} a[;cour't, 'ctuni W& ford "V q your .:?rrsrrf. li", ph, tray the rlyk of W DUWc h earrlit yf i m, ho "ey f aof li w yf,,Ci foot a[if'r7dify aRd f-;'i...ryr3'Q W till: p(.rNh i1Cmm l %u w qv fly, A to No rrl., n i,'- inr:, e d at `.hle Wan o rra he address f_ie ow r,r drop it cM r Tor lor- 'lannlrig and afvC-'laTsrrrerft r5feptiertrrtCaa4 221 N, Elm ST Attrl° Johnr-1a h9atthcv.sr PvcrjefA P,1arl~icjnr Those fortis tarn used to caloulate (lic Fxr:r+ ontage of landowners tF.,at su0purt and alapoHe the requeW The Wi'!rli,5 for n Afn,rrw of to t}r,`I. eN of 'w rliwes k h suppr rt aml Ir oppl;a, l[;Ion- pwase Woe one, In t.r l rrs k eutrol to, reirli - st Opp wed to request Reason for Oppcuitiun. {Tiro' Nome: "C' l r /-7 J } _WeAorw Nh y .f.a: Addruns of P opely WE ri 20C fp~„ r:/ CITY' OF DE1V'Tt: N, TEX46 CUV WL 4' DEMON, TE 1 , la I ;4'.,3541 , t1 NI 2Xr3 7 _,7 DRC Findings/Recommendation Page 14 of 22 Casek Z10-0013 NOTICE PUBLIC HEARING Z100013 II,& Piannirq urr_°. Zoning Cor^rrr,,;ion of 11to F..,it'r of Durl% w l hAd a _ruN o Wri'':3 un Void msd", JanuarV 19, 2011 to car kdor mak1rig a r:.::{7Tnnlt.rl[I0cii to C i. y' C'iu Jr G 1cgar ing Oho rezo lingi c-' mes ut 'end f,'um H %w0 own Residukial 1 s,DR-1 ] Loi,I'r~ d strict an ; u,,e 4'i=:w0`c0on to ra HaartCi',",rl 4wWr X11 2 (DNA) 1T1iv iilyjtr, i3n we do"m mtr mi, W t:9CilKON1 K To ruterr._I (il:.tr7Q.n-ent 1.4 ~i r~muld-farrily d. Iedoi`:mer? The popedy is enemi'y Hated on the sr:Iol rpda ;.lf h -unnl'I Sitr C, I:Jt ..J"It ),V L; S I7] 1'4. VC Tl HP A. The ill "art n, lj~30 ;-j.rn. M the Cqy r_:oun .il C',h,=rrbus 'f COW HW Wated at 215 F. rvC~Irrrir~' t rJ[~tl Dr_rltu'r., Iex;:is, fwti jl tis ;r'fl i4°ri'J f.+rrli,:f;}+ 41~t;iu'i C4VL7 ht1nd(t."d cl Pfrr 5,_lhQU P M_9 Ji IS P lPrlffl(] nd7 rmYll']r,, Gm4Tb3,fco .bowl foe to hoar F,ow u'arr May 2ab'r_ w tF7i5 F6,qae~,A d'FId ko altead ho Please, in order for yuLlr ~~C,IrIIUTi to brri takov, into '3 ;I'awlt, C'- wn th 14 Knl w 1h yo'or f wnrT'+r% Fgbr W Te a a% 0 to puNk: hs. hng. (Iif2'.S' Ar no 4"lr y r"r_7mwi J+.rrd i0mii c7ftt°"Id4ig aryl r] 0:-e fIL.ffai:L h&,=i )',rjgj Y(;j r1my Ax rt to Me num"r n'oWed at Me batt m ry maih A m tt'I a ad& n v'e nv ur dmp I A iir-pe+s~ lr'rv Planning and Daveiopment Department 221 N,EYSa'V Onnton, Texas 76201 Attn: Johnna Matthows•, ProjeiCt Manager The'sp forms are used to catculate the percentage of landowners that support a"d oppose The request. The orrn -,i ,rt i, ivifor iu(i or tier trmunt or rest,m imu in sum t A Irl ohposlti,. rr. Plt-nse circle ono: In Avor & raqur,$M f4oty a to re::ir,"st (.Op~lposed try r~ z l~ st' Reasons for Opposition. ~A SynaWre, Printed rlarriu; J,*. A, "I . ' twit'+, St_lt_! Z,,h~. " .t:` Y"' Telephcne Number. •.,,,t, P'h,".e,r~lafi~'~4xI4+'~r«ia3~'+ (if rrilfi]'F3r"Ey, .^+It`t;ilri t0~ fe,a° Awe , CITY OF DENTIANa TEXAS CITY HALL Wf.=.ST 8 DENMN, Fx.AS 6!,J1 • {l4,:1. J F,' }4 , . (F) 940,349,7707 DRC Findings/Recommendation Page 15 of 22 Casek Z10-0013 Exhibit 7 Site Photos 4, a m.. North side of Fannin Street looking south at the site. DRC Findings/Recommendation Page 16 of 22 Case#: Z10-0013 Exhibit 8 Photos of 1118 Collins (Photos provided by the applicant) I II t} j 1 1.{171 i 1-- "n' MT, t d~l~ ~t`j _ I A th ~ 4W y r, DRC Findings/Recommendation Page 17 of 22 Case#: Z10-0013 Exhibit 9 Planning and Zoning Commission Minutes January 19, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened in a Work Session on Wednesday, January 19, 2011 in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Brian Bentley, Jean Schaake, Thom Reece and John Ryan. ABSENT: Patrice Lyke STAFF: Fred Greene, Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, Nona Elaine Muncie, Johnna Matthews, Cindy Jackson, P.S. Arora and Jane Gurney B. Hold a aublic hearinu and consider makinu a recommendation to Citv Council reuardinu the rezoning of approximately 0.51 acres of land from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district. The prow is ,,enerally located on the south side of Fannin Street and west of Avenue A. (Z 10-0013, Fannin Street Apartments, Johnna Matthews Matthews presented this item. The request is to facilitate a multi-family apartment complex. Matthews provided the surrounding uses, a zoning map of surrounding zoning and land uses, and site photos. Matthews presented the differences of allowable uses in the DR-1 and DR-2 zoning districts. The applicant is willing to restrict uses to multi-family only. Notices were sent to properties within 200 feet and 500 feet of the subject site. One notice was received in opposition and one notice was received in favor of the request. Staff recommends approval of this zoning request. Schaake questioned if any stipulations have been made for parking. Matthews stated that a site plan is not required with a zoning change request; however, if the project proceeds parking requirements will be reviewed. The applicant was present. Chris Watts 1900 Jasmine Street Watts addressed Schaake's question on parking. Watts stated that he has completed a site plan for this property. The proposed building will have 8 units with 2 bedrooms and 2 bathrooms will require 14 parking spaces, which can be situated on the site. Watts also stated he owns the adjacent property that the Commission saw in the surrounding site photos and the proposed property will be in the same style. Schaake motioned approval with the stipulation that the property only have residential uses with a second by Bentley. On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", and Commissioner Brian Bentley "aye". Motion approved (6- 0). DRC Findings/Recommendation Page 18 of 22 Case#: Z10-0013 Exhibit 10 Ordinance 1.:.)IN :A C ; NO, OPDI ,K('c: OF T'TTT' C=I l OE D}':'',`707 l a:.lAti. N1,.0VIDfNG F( I~; . 7 1',~-N (j CT MCI Ih(M "k I)rD GtiN1I:i't74 PTTDFN-T,),.L 1 tiL) 1; /C)T';'N'(i ;]ltif'~TZCI. C LAST F1+"',"+TION A 1:x,[1 1)LS1T N-k l l(.)N ;"DOWNTI.Tyk ~ .till>lr.~ PA ? ~DR- ;'.t: N[` l,5 DTS. 4l c.:[.. SSIFTd=':"s.IICUl AND V,'1-1F N [ 1',,'l i f :i']'• iT*::' c'I'R.t:i)` l w1. [ I:[ I:1. 1 ACRES C_>l 5W) 1 0(.:,N[,_;D 11 J lllL S+:?I.1 [ SM7 AF I-ANJIN , 1 [ T:1 .'.i } V"'l[_~ 1 01 ''1T F [1..'1' :''t: PR )V[] i N6 F()R A. PF ,AL I Y IN o'ti%T()TTM. 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'111'- F:1 'r' w la-Lld .O UM P jS WT:dal tra 1+jv, ~I:Il t3a l' LsC i g-1LL T 4„ l sLn ['ri5vI` va o M (}w liirme [Iw' cTiZl:L!atC i?T: 11-Jel L.'1 i0 L ~ Jl. f. 11 or (Atli[I]ti"; nac A hcl n ::;111.1 6) any awn, such InvuEdiq MH wt aRY& r:]C val6k o ut[lL*r T3"ov151 m or apl)1wa ow., ett•d V) t[l'- L1',i fie prl;c.:s,i1;E o N 0 mlI?mw an :imLmAC- DRC Findings/Recommendation Page 19 of 22 Casek Z10-0013 Ac..-1C(.bl Y Ar [.o s_n 0000=1 ,gin'. pm 't7tt of trim; -1rdi'llance Qla!!, cormilict, ho pica a van Chit nw r il1['-' MGM. I. Each day <1 f}rdiFIUYlLU h A 51,'14 [+f&I c U A c 3 %paTa 4 al d :-11 hL I Ita ct'l -cli 'rtcQn 04) si.a'r:c Ron jw dam of 10 l 'Q'0 BLOC thu l 1-y Sccrt ; 7, 1: he Why I'eC j 1;,) C [l.L CdjKil:itl oI '.h[ . uf4: u kl;~ t .4, t,w Ye(' t ~r in the Dc ;:_IrI .i ;;flail n r. v No- pd. ' j0 d 51 t['h of 1)"L1L R, 1 CX '.'.'It'I 'I VU t Hq da, , I 1 Te d 4" u 03 plap, P,. SSIa ) .'1NI1 :i'.PT' '.t_1'% FL7 '[iis the y of 2011, MAT <K V TT. TENNIFF. 7_ V, CTT 5L1R . !'.KY BY: 'I,`•s l L:-% B I_' f,-( i l-: SS . C l F A.'M r. ) H. _'-1:117 DRC Findings/Recommendation Page 20 of 22 Casek Z10-0013 EXIIIBIT.A I:EGC U DESC RIPTJO Nk attam Addition, Lot -3, Block 3 DRC Findings/Recommendation Page 21 of 22 Case#: Z10-0013 II'\1111f1 k 1:4)t I'I'I()'V N'1.11' I 1 i .;p 1 ~ I I yq I ~f I ♦ j:'"j l f'„ } I d-~ 4 I 1 ~ I w 1 _ i r I J 1 r_.kar k F ~ DRC Findings/Recommendation Page 22 of 22 Case#: Z10-0013 AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - SD10-0001 (Del Taco) Hold a public hearing and consider adopting an ordinance of the City of Denton, Texas, amending ordinance 2005-081 to amend the signage plan and sign finishing requirements of the special sign district for Denton Towne Crossing on a site located at 1715 South Loop 288, legally described as Denton Towne Crossing Addition, Block A, Lot 6, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (SD10-0001) The Planning and Zoning Commission recommends approval of this request (6-0). PROPOSAL The applicant, Del Taco LLC, is proposing to amend the Denton Towne Crossing Special Sign District in order to move a monument sign approximately 90 feet south of the previously approved location such that it is located on the south side of the building. This application also includes a request to change the finishing material on the subject monument sign's support stricture from the previously approved brick masonry finish to a stucco finish in order to match the building's stucco finish. BACKGROUND The Denton Towne Crossing Special Sign District (the District) was approved by the City Council on March 1, 2005. The District requires the subject ten (10) foot by fourteen (14) foot monument sign with brick facing to be located near the northern boundary of the subject site. When the District was approved, it was anticipated that a smaller 3,800 square foot restaurant would be developed, which would permit the locating of a row of parking with a drive-through window and lane on the north side of the building. The site was subsequently developed with a larger dual restaurant, Del Taco and Five Guys, which prohibits the placement of the sign in the approved location. Public notification information is provided in Exhibit 10. The Planning Department sent out nine (9) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet. As of this writing, staff has received zero (0) property owner responses to the proposed rezoning. PRIOR ACTION/REVIEW • March 1, 2005, City Council approval of the Special Sign District for Denton Towne Crossing (Ord. No. 2005-081). 1 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6-0). The Development Review Committee recommends approval of the proposed amendment to the Denton Towne Crossing Special Sign District. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Applicant's Letter 5. Approved Sign District Site Plan and Details 6. Proposed Sign Location 7. Proposed Sign Elevation 8. Building Elevations with Sign 9. Site Photos 10. Notification Map 11. P&Z Minutes 12. Proposed Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director 2 EXHIBIT 1 PLANNING DEPARTMENT STAFF ANALYSIS CASE NO: SDI 0-0001 DATE TO BE CONSIDERED: February 15, 2011 LOCATION: The property is located at 1715 S. Loop 288. APPLICANT/OWNER: Del Taco LLC/Lori Ellen Burnham 25521 Commercentre Drive, 4200 Lake Forest, CA 92630 REQUEST: Consider making a recommendation to the City Council regarding an amendment to the Denton Towne Crossing Special Sign District of for a monument sign for a Del Taco Restaurant. STAFF RECOMMENDATION: The DRC recommends approval of the proposed Special Sign District amendment as presented in Exhibit's 5 through 8. ZONING DISTRICT: The subject site is located within the Regional Center Commercial Downtown (RCC-D) zoning district. The purpose of Regional Center Commercial Downtown district is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. COMPREHENSIVE PLAN DESIGNATION: SITE AND SURROUNDINGS: Regional Mixed Use Center is described in the Denton Plan as the following: The Regional Mixed Use Center's purpose is "to provide convenience & comparative shopping for goods & services to an individual neighborhood as well as the entire city & surrounding area." The property is currently developed with a restaurant. North: Regional Center Commercial Downtown (RCC-D) - Loop 288 and Golden Corral Restaurant. South: Regional Center Commercial Downtown (RCC-D) - Parking lot and strip retail center. East: Regional Center Commercial Downtown (RCC-D) - Chick- Fil-A Restaurant. West: Regional Center Commercial Downtown (RCC-D) - detention area. ANALYSIS: Development Code: Subchapter 35.15.18.4 of the DDC sets forth specific criteria for the approval of a Special Sign District. Criteria for Approval. The goals and objectives which must be met are the following: The Council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: 1. Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan. The proposed sign complies with the scale and height of the approved signs within the district. The sign location, while not the same location as approved with the sign overlay district, is set back the appropriate distance from Loop 288. The proposed sign finishing complements the exterior finish of the restaurant and ensures a uniform look for the site. 2. Would be compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the Commission and Council shall consider, but are not limited to considering the following: a. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. The proposed amendment is compatible with the scale and size of the signs in the district. The location as proposed will be setback from the street the same distance as other signs in the district. b. Illumination. The impact and compatibility of sign illumination within the district and in relation 4 to neighboring properties. The avoidance of glare and light pollution. The applicant is not proposing to add any more exterior lighting to the site than is currently being utilized on other sites within the sign district. c. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. As previously noted, the scale and front setback of the sign will not change. It will not negatively affect traffic circulation and will not obstruct visibility. d. Is not being used to avoid or gain a variance of the sign regulations. The applicant's proposal will not require any variances from the sign regulations: e. Does not violate the spirit or intent of the sign regulations. The spirit and intent of the sign regulations is to regulate signs according to type, number, size, setback, classification and height. The "spirit" of the ordinance, as noted on the ordinance at the time of adoption is: "WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and strictures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business enterprises; and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which to visit, live and work." The proposed amendment to the special sign district maintains existing regulations with regard to the number, size, and height of signs in the district. It does not conflict with the spirit of the sign ordinance. 5 f. Complies with the requirements of the ordinance for a special sign district All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this application, and recommends APPROVAL of the proposed Special Sign District. 6 EXHIBIT 2 LOCATION MAP , ~ ka ce r^ ~ - „ ~ a , n w Ch l ey i 'A 11 l % 01~ ~N - l F60,i ! I R , - 1 avlt^. ~~Vyy ty' F IS am t' % 1 / o o SD10-0001 I 11TY 0 60 120 244 364 480 For Feet DENTON 7 EXHIBIT 3 ZONING MAP \-QO'~ v ~s m`. ~ L SD10-0001 I 11TY 0 60 120 244 364 480 Far Feet DENTON 8 EXHIBIT 4 APPLICANT'S LETTER *1101i 25521 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 9491462-9300 October 19, 2010 City of Denton Re: New Del Taco 1715 South Loop #288 Denton, TX 76205 Proiect Narrative Below isa summary ofthe revisions that we would like to make to the original Sign Plan for your review and consideration. There are also Site Plans, Elevations, Renderings, and Signage Exhibits attached for your reference as they pertain to the revisions Revised Monument Sign Location: What we are proposing is that the existing Approved Monument Sign Location in the current Sign Plan is no longer valid per the new Building Size/Configuration and we would like to place it on the opposite side of the building (Nearest the highway at the West Building Corner) as shown in the attached Site Plan and Elevation Renderings. Since the site was originally designed for a smaller (3,800 sq. R. - stand alone) restaurant and we have succeeded in constructing a larger (4,800 sq. ft. - dual tenant) building, the previously approved location does not work for the following reasons: - The exact location as shown in the existing Sign Plan would now be in the middle of the drive-thru lane per the most current building plans. Since the building has grown by about 1,000 sq. ft., the area that was previously allotted for parking and a planter that would accept the sign has been utilized in a more efficient manner to allow for the larger building. Moving the Monument Sign to North side of the Drive-thru lane would encroach on our neighbors property line... moving it to the immediate South side would not only block most people's view of the sign from the highway, but it would also block people's view of cross traffic as they are leaving the Drive-thru lane. - The new Monument Sign location shown on the attached Site Plan has been proposed due not only to its better visibility from the highway, but also its lack of conflict with other major site elements: It is the same distance from the highway as all of the other signs along the row; It does not significantly block the view of traffic in any direction; L e ga115ite sU oorp ark1C h e ago T Al e 1tr3 9 and it in no way creates questions of its location in relation to any neighboring Property Lines. We strongly believe that this new proposed location provides Del Taco/Five Guys with the most effective visibility without trying to take advantage of any unfair advantage. Revised Monument Sign Finishes: What we are proposing is to allow our monument sign to be finished with exterior plaster (Stucco) in lieu of the brick veneer that is indicated in the existing Sign Plan. Since our building has been approved and constructed without the use any brick materials, we strongly believe that the introduction of a brick finish on the monument sign will make it look out of place and seem odd amongst the backdrop of the building finishes. Additionally, since the proposed monument sign location is significantly closer to the building than other signs along the same row, the contrast in finish materials will stand out that much more. As we have seen in many of the other locations within the same complex (See pictures of "Verizon" & "Catherine's" signs attached), matching the finish of the monument sign to the building has a much better aesthetic appeal than the use of a standard brick veneer. We strongly believe that the use of a matching stucco finish on our monument sign would be a much more consistent and attractive look. In conclusion, we ask for your approval to continue work on the construction and location changes in reference to the proposed monument sign as described in detail above. Please review this narrative in accordance with the attached design exhibits and contact me directly if you find any discrepancies or need any additional clarification. Thank You, John Druse Sr. Director of Design and Construction 949-462-7308 idruse ,deltaco.com Legal\Sites\Moorp ark\Chicago Title Itr3 10 EXHIBIT 5 APPROVED SIGN DISTRICT SITE PLAN AND DETAILS EXHIBIT 6 PROPOSED SIGN LOCATION } 1 "4440° t(V 266.00') x.49'40" W 266.99' t 'y y i 7 ° u ~ V G G ~ W ul ~ 3 a f~ N p"` ~ 1. , ♦ - R CJ v L o ~ is b t5 29 4 ~h, 266°p6' i C 3 3 ~I cn co- 1 A 12 EXHIBIT 7 PROPOSED SIGN ELEVATIONS o W Z m° Z Uoo a Z Q W © z ~ocno c» jj~ 6 m w m > U Q Z~ ~sza w O op-. Z y o P-at3 Z US Z of z w m 4~ } O z <aZ v~en ~LL ~wm~ d Q ~ U~ H~ W S W Z S U V O m~ YwZ ~G/]4 Zz LL=°~ F F-a: Z Z¢ W Z O LL w F n Q z w q O z Z = m z w~ o ~a o> 0' g u~ HVO AL-,U 0 w z w z U I- z LL1 z 2 LL. 4 II 13 EXHIBIT 8 BUILDING ELEVATIONS t L- Z a r? - a J Q W 5131 CO z 0 C0 0 w CO 0 (L 0 C~ CL z EXHIBIT 9 SITE PHOTOS South side of site, towards detention pond 17 ~ ~ a ~®u~~a ®'~~~m® , w, r ,r a { 1 f ~ q 4 l y J' 1 . i r F ~ - yy CRY West of site, across Loop 288 1 18 I e I i Sign located to the north of the subject site 19 Sign located to the south of subject site C Sign located north of the site along Loop 288 20 EXHIBIT 10 NOTIFICATION MAP Legend 500-ft buffer_bndy 200-ft buffer_bndy Q project parcel Subject Site SD10-0001 0 112.5 225 450 575 mmff~ 21 N 900 e / \ 11T Fr, m Feet DENTON EXHIBIT II PLANNING AND ZONING COMMISSION MINUTES January 19, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened in a Work Session on Wednesday, January 19, 2011 in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Brian Bentley, Jean Schaake, Thom Reece and John Ryan. ABSENT: Patrice Lyke STAFF: Fred Greene, Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, Nona Elaine Muncie, Johnna Matthews, Cindy Jackson, P.S. Arora and Jane Gurney 5. PUBLIC HEARINGS: A. Hold a aublic hearinu and consider makinu a recommendation to Citv Council reLardinL, an Cindv Jackson) Jackson presented this item. The applicant is proposing to move a monument sign approximately 90 feet south of the previously approved location and use a stucco material to match the building rather than the previously approved brick masonry material. Site photos and elevations of the proposed sign were provided. Notices were sent within 200 feet and 500 feet of the subject site. No responses were received neutral, in favor or opposition of the request. The Development Review Committee recommends approval. The applicant was present to speak. Jim Powell, 14110 Dallas Parkway, Dallas, Texas, Powell stated he was with the applicant's architecture firm and did not have anything to add. There were no questions of the applicant. Bentley motioned approval with a second by Thomas. On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", and Commissioner Brian Bentley "aye". Motion approved (6-0). 22 s:llegallour docunientslordinancesl111sd10-0001 del taco.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2005-081 TO AMEND THE SIGNAGE PLAN AND SIGN FINISHING REQUIREMENTS OF THE SPECIAL SIGN DISTRICT FOR DENTON TOWNE CROSSING, ON A SITE LOCATED AT 1715 SOUTH LOOP 288, AND LEGALLY DESCRIBED AS DENTON TOWNE CROSSING ADDITION, BLOCK A, LOT 6, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE. DATE. (SD10-0001) WHEREAS, Lori Ellen Burnham, on behalf of Del Taco, Inc., initiated a request to amend the approved regulations contained within the Denton Towne Crossing Special Sign District; and WHEREAS, on January 19, 2011, the Planning and Zoning Commission concluded apublic hearing as required by law, and recommended approval of the requested change with conditions; and WHEREAS, the City Council finds the amendment to the regulations of the Special Sign District for Denton Towne Crossing is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:. SECTION 1. That Ordinance No. 2005-81 is hereby amended by approving the following sign regulations to be applied to Lot 6, Block A, of the Denton Towne Crossing Addition also located within the Denton Towne Crossing Special Sign District: 1. All original conditions of approval and subsequent modifications associated with the Special Sign District for Denton Towne Crossing shall remain valid, unless specified herein. 2. The monument sign for Lot 6, Block A of the Denton Towne Crossing Addition shall be located as shown in Exhibit "A". 3. The sign facing may optionally have a stucco finish, as shown in Exhibit "B". SECTION 2. The provisions of this ordinance as they apply to the Denton Towne Crossing Special Sign District as shown in Exhibits "A" and "B" herein approved, shall govern and control over any conflicting provision of Ordinance No. 2005-81, as they apply to the sign described herein; however, the provisions of Ordinance No. 2005-81 not specifically modified herein shall continue in force and effect, with respect to provisions not specifically modified herein. SECTION 3. A copy of this ordinance shall be attached to Ordinance No. 2005-81 showing the amendment herein approved. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EXHIBIT A DENTON TOWNE CROSSING SIGNAGE PLAN Tio X wz I ® ! `~l1 Sim i f p ? ~ U UN 1 f ~a illi! ROM 1 ' i W ~ Z kkk 1 N S P ~ 13 f \ .v nn i mi i~ .l - 1 f 1 ► ?t.rttar Am .11L U-IM milln"llus ~I 1 M ~{h 3, 2~ .~1 W ~ ' mio six sna EXHIBIT B SIGN ELEVATION pwi J M t3 Z z4 c~'~i z c3a--O i h-&2 2 ~U I } I LtY L; Z; a w Q r ~ I e 2x C _ H9-S a0L L 5 F t F w L 'z ,V^^ VI z w ~IFr~ z 04 Q LL © Q AGENDA INFORMATION SHEET AGENDA DATE: February 15, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene, SUBJECT - Z10-0012, Janke Addition Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 0.26 acres of land from a Neighborhood Residential 3 (NR-3) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification. The property is generally located on the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street. The Planning and Zoning Commission recommends approval of the request (4-0). PROPOSAL The applicant (Larry Reichhart) is requesting that the subject property be rezoned from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. Currently, the property is not platted and is developed with a single family dwelling unit, which the applicant plans to demolish. This dwelling was constricted in 1975, according to the Denton Central Appraisal District. BACKGROUND The subject property was rezoned to NR-3 as a result of the February, 2002 city-wide rezoning. Prior to 2002, the property was zoned Single Family 10 (SF-10). Uses in the SF-10 zoning district were limited primarily to single family homes as well as civic and religious uses. Per the applicant, the subject 0.26 acre site will be developed in the future as a single story office building; however, this is not binding. It is important to note that if the subject property is rezoned to NRMU-12 as requested, the property may be developed in accordance with the full use classification associated with the district. Staff sent thirteen (13) certified notices of the public hearing to property owners within 200 feet of the subject property and thirty seven (37) courtesy notices to residents within 500 feet of the site. As of this writing, staff has not received any responses from property owners within 200 feet of the site. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission January 5, 2011 2. City Council On February 1, 2011, the public hearing was opened and this case was continued until February 15, 2011 DRC Findings/Recommendation Page 1 of 26 Case#: ZIO-0012 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of the request (4-0). The Development Review Committee (DRC) recommends APPROVAL of the request. T V TTTnTTC+ 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Current Land Use Map 6. Survey of Site 7. Bonnie Brae/Ector Street Small Area Plan Boundary Map 8. Notification Map 9. Property Owner Responses to Notification 10. Site Photos 11. January 5, 2011 P&Z Minutes 12. Ordinance Prepared by: 4"VaVItwz Johnna M. Matthews Senior Planner Respectfully submitted: ij~XEA at-v~ Marls A. Cunningham, AICP Planning and Development Director DRC Findings/Recommendation Page 2 of 26 Case#: ZIO-0012 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: January 5, 2011 TYPE: Rezoning CC Date: PROJECT Z10-0012 February 1, 2011 Project Number: Z10-0012, Janice Addition Request: Rezone approximately 0.26 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. Applicant: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX Property Owner: Marilyn Janice 145 S. Forest Lane Double Oak, TX 75077 Location: The property is generally located on the east side of Bonnie Brae Street and approximately 200 feet south of the intersection of Bonnie Brae Street and Emery Street. Size: 0.26 acres Existing Zoning Designation: Neighborhood Residential 3 (NR-3) Proposed Zoning Designation: Neighborhood Residential Mixed Use 12 (NRMU-12) Future Land Use: Existing Land Use/Infill Compatibility Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of Z10-0012. Denton Development Code Analysis: The proposed zoning of NRMU-12 is one of the most intense zoning districts within the group of Neighborhood Residential zoning districts. Zoning districts within the Neighborhood Residential group include, and in this order of intensity; NR-1, NR-2, NR-3, NR-4, NR-6, NRMU-12 and NRMU. The existing zoning district of NR-3 is primarily a residential zoning district with limited allowances for commercial, industrial and institutional land uses allowed. The proposed zoning district of NRMU-12 permits more commercial and institutional uses than the existing zoning district. For example, in the commercial land use category, a Bed and DRC Findings/Recommendation Page 3 of 26 Case#: Z10-0012 Breakfast, Retail Sales and Services, Professional Services and Offices, and Laundry Facilities are not permitted in the NR-3 zoning district; however are permitted in the proposed zoning district with limitations, in some instances. Professional Services and Offices are permitted in the NRMU-12 zoning district; however is limited to no more than 10,000 square feet of gross floor area. In the Industrial land use category, Bakeries and Veterinary Clinics are not permitted in the NR-3 zoning district; however in the proposed are permitted with a limitation and by right respectively. The Institutional Land Use category introduces uses that are not permitted in the existing zoning district, but may; however be permitted in the proposed zoning district with a limitation or by right. The tables below indicate the difference in uses between the existing zoning district of NR-3 and the proposed zoning district of NRMU-12: Residential • Categories Attached Single Family Dwellings Existing SUP 12 Proposed P Dwellings Above Businesses N P Live/Work Units N P Duplexes N P Group Homes N SUP Multi-Family Dwellings Commercial • Bed and Breakfast N N L(4) L(10) Retail Sales and Service N L(15) Professional Services and Offices N L(14) Laundry Facilities N P Outdoor Recreation Institutional • Categories Community Service P Existing N SUP 12 Proposed P Semi-public, Halls, Clubs, and Lodges SUP L(15) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P Elderly Housing N L(13) The Environmentally Sensitive Areas (ESAs) map indicates developed floodplain ESA on the east side of the property, which requires compliance with the Denton Development Code, Subchapter 19 for development within designated developed floodplain ESAs. However, the DRC Findings/Recommendation Page 4 of 26 Case#: Z10-0012 revised FEMA maps show the FEMA floodplain to be removed. The revised maps will be effective April, 2011. The City of Denton Mobility Roadway Plan identifies Bonnie Brae Street as a Modified Secondary Major Arterial. The main purpose of this type roadway is to serve as a major route through and between different areas of the City. The proposed rezoning request to allow a more intense use at this location is indicative of the trend towards mixed use and commercial developments patterns in the area. . The subject property is included in the first study initiated by the City of Denton Neighborhood Planning Program to look at the challenges and uniqueness's of the city's older neighborhoods. The outcome will be the Bonnie Brae-Ector Street Small Area Plan. The area included in the small area plan is bounded by Emery Street to the north, West Oak Street to the south, Bonnie Brae Street to the west and Jagoe and Ector Streets to the east (See Exhibit 7 for Ector Street- Bonnie Brae Small Area Plan Boundary Map). Findings of Fact 1. The request is to rezone the approximately 0.267-acre site from NR-3 to NRMU--12. The applicant also proposes to combine the site with the lot immediatelv to the south for the ,future dE'VE'10 1??eYlt of a single story of fice building. There is currently an existing single family home on the site in lvhich the applicant proposes to demolish. 2. Prior to 2002, when the Citv of Denton leas rezoned, the property leas zoned Single Familv 10 (SF-10). 3. The site is located lvithin an "Existing Land Use/Infill Compatibility" future land use designation. The Denton Plan states that lvithin established residential areas, nciv development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods frith n the c1tV be vigorously protected and preserved Housing that is compatible frith the existing density, neighborhood service and commercial land uses is allolved 4. The existing (NR-3) and proposed (NRM(J--12) zoning districts hill not require a comprehensive plan amendment. Both zoning districts are lvithin the Neighborhood Residential group of zoning districts whose intent is to preserve and protect existing neighborhoods and to ensure that anv new development is compatible with existing land uses, patterns and design standards. The Neighborhood Residential group has seven (7) zoning districts including Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRM(J- 12) and Neighborhood Residential Mixed Use (NRM(J. 5. Adjacent zoning districts include Neighborhood Residential 3 (NR-3) to the north; Neighborhood Residential Mixed Use 12 (NRMU--12) to the south; Neighborhood Residential Mixed Use (NRMU) to the hest and Neighborhood Residential 3 (NR-3) to the east. 6. The surrounding area is mostly developed To the north and south exists commercial uses to the east is single family and to the hest is Ravzor Ranch and a DME substation. DRC Findings/Recommendation Page 5 of 26 Case#: Z10-0012 7. The property considered for this rezoning request is located within the boundaries of a study being initiated by the City of Denton Neighborhood Planning Program (CDNPP). CDNPP has initiated the process of examining the challenges and uniqueness of the city's older neighborhoods. The first area to be examined is bounded by Emery Street to the north, West Oak Street to the south, Bonnie Brae Street to the west and .Iagoe and Ector ,Streets to the east. The Bonnie Brae-Ector ,Street Small Area Plan will consist of three (3) sections: Assessment of Existing Conditions, the Community's Role and Neighborhood Initiatives (See Exhibit 11 for boundaries of the Bonnie-Brae-Ector Street Small Area Plan proposal). The small area plan is expected to be presented to the City Council August, 2011. 8. The Environmentally Sensitive Areas (ESAs) map indicates developed. loodplain ESA on the site. However, revised FEMA maps show the floodplain to be removed These revised maps will be effective April, 2011. 9. Bonnie Brae is classif ed as a Modif ed Secondarv Major Arterial per the City of Denton Mobility Plan. Fifty (50) feet of rzght-gf--wav .rout the centerline of the street to the property line will be required to be dedicated at the time of platting. 10. Bonnie Brae Street is classified as unimproved perimeter street per Section 35.20 of the Denton Development Code. Construction of 28 feet wide concrete pavement, foot sidewalks, curb and gutter, and required drainage will be required along the frontage of Lot 2. Pavment in lieu of construction is an option. 11. This development will be required to cost participate in the signalization of Bonnie Brae Road and Scripture Road Cost participation amount will be based on proposed traffic generation calculations. 12. Limited access is available to the existing 16 inch water main along Bonnie Brae. 13. Server is available from an existing 8 inch main on Bonnie Brae. Development Review Committee The Development Review Committee finds that the request IS CONSISTENT with the general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z10-0012. GENERAL NOTES A-OTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. A-OTE: All written comments made in the application and subsequentsubmissions of'information made during the application review process, which are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. DRC Findings/Recommendation Page 6 of 26 Case#: Z10-0012 Surrounding Zoning Designations and Current Land Use Activity: Northwest: Community Mixed Use -General (CM-G) North: Neighborhood Residential 3 (NR-3) Northeast: Neighborhood Residential 3 (NR-3) West: East: - ~ ~ ~ ~ ' - ~ - Neighborhood Residential 3 (NR-3) Neighborhood Residential Mixed Use (NRMU) Southwest: South: Southeast: Neighborhood Residential Mixed Neighborhood Residential Mixed Neighborhood Residential 3 (NR-3) Use (NRMU) Use 12 (NRMU-12) N0111°ce: ( ity of DeIIt0II geographical lgformatior Nvstcm and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Adjacent zoning districts include Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use (NRMU), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential 3 (NR-3). Directly north and south of the site are medical offices, west of the site is property owned by Rayzor Ranch and a DME substation; and east of the site are single family residences. Although the applicant is not proposing to restrict any of the uses with this proposal, the Denton Development Code provides sufficient protection for existing single family subdivisions. For example, because the site backs up to a single family subdivision to the east, at the time of development, a Type C Buffer will be required between the proposed commercial development and the single family subdivision to mitigate or minimize potential nuisances such as noise, light, glare, parking, etc. A Type C buffer includes a fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet The area within '/4 mile radius of the site is comprised of approximately 140 acres. Uses within a '/4 mile radius of the site include a range of uses including single family, agricultural, commercial, recreational, religious and governmental. Specifically, within a'/4 mile radius, there are 126 lots (33.8 acres) for which single family residences are located; 1 lot which contains an agricultural use (2.15 acres), 24 lots (35.01 acres) for which commercial uses are located; 1 with a recreational use (03 acres); 1 lot with a governmental use (2 acres); 1 lot (.28 acres) contains a religious use and approximately 5 undeveloped lots (47.77 acres). Comprehensive Plan: The proposed rezoning from NR-3 to NRMU-12 will not require a comprehensive plan amendment. The underlying future land use designation for the area considered for down zoning is Existing Land Use/Infill Compatibility. Pursuant to the Denton Plan (Comprehensive Plan of the City of Denton), within established residential areas, new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. The aforementioned future land use designation is consistent with the existing zoning district as well as the proposed zoning district. The proposed development of the site as an office building is responding to the existing development pattern in the surrounding area. DRC Findings/Recommendation Page 7 of 26 Case#: Z10-0012 Zoning Allocation: Currently, there is approximately 3,846 acres of land within the city that is zoned NR-3 and 1,170 acres of land within the city zoned NRMU-12. The NR-3 land allocation will decrease to 3,846 acres and the NRMU-12 zoning land allocation will increase to approximately 1,170.66 acres. Zoning Allocation Zoning District Current Allocation Proposed Allocation NR-3 3 846.46 acres 3 846.2 acres (Existing) , , NRMU-12 (Proposed) 1,170.40 acres 1,170.66 acres Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station # 5 (2230 W. Windsor) 0.88 miles f Source: Cite ol'Deritori GIS, Fire Department, alid EAIS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject Property Estimated Im pact Analysis 0.26 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted DensitA- n/a Yes Potable Water Consumption 22.3 Yes (GPM) Wastewater 16 5 Yes Generation (GPM) . B. Available Capacity: Limited access to the existing 16 inch water main will be provided (1 tap only). Upon platting, the applicant is required to submit the project sewage discharge. If the existing service for the existing single family stricture has sufficient capacity to accommodate the projected flow, it may be used for the proposed development. Otherwise, a new 6 inch service will be required and a tap fee for connecting to the existing 8 inch gravity main between Bonnie Brae and Stanley would apply, and the existing service would have to be abandoned. C. CIP Planned Improvements: Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 0.26 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Densit-v n/a Y DRC Findings/Recommendation Page 8 of 26 Case#: Z10-0012 Subject Property Estimated Im pact Analysis 0.26 f acres Proposed Demand Adequate to Serve (Yes or No) Average Annual 120 Vehicles Y Dai1v Trips (AADT) PM Peak Hour Trips 12 Vehicles Y Bonnie Brae is classified as a Modified Secondary Major Arterial per the City of Denton Mobility Plan. Fifty (50) feet of right-of-way from the centerline of the street to the property line will be required to be dedicated at the time of platting. Bonnie Brae Street is classified as unimproved perimeter street per Section 35.20 of the Denton Development Code. Constriction of 28-feet wide concrete pavement, 5-foot sidewalks, curb and gutter, and required drainage will be required along the frontage of Lot 2. Payment in lieu of constriction is an option. Per Section 35.20.4.1) of the Denton Development Code, Lot 2 driveway access to Bonnie Brae Street is not permitted unless no other reasonable means of providing safe access to the property is available. The applicant will provide trip generation calculations at the time of platting, to determine if driveway access onto Bonnie Brae may be permitted. B. Available Capacity: Existing transportation infrastructure can accommodate the rezoning proposal, with the required improvements along the frontage of the property along Bonnie Brae. See below. C. Roadway Conditions: Bonnie Brae is classified as a Modified Secondary Major Arterial per the City's Mobility Plan, which requires 50-feet of right-of way from the centerline. Bonnie Brae is also classified as an unimproved perimeter Street. That said, constriction of 28-feet wide concrete pavement, 5-foot wide sidewalks, curb and gutter and required drainage improvements will be required along the frontage of the subject site at the time of platting. D. CIP Planned Improvements: There are no transportation projects currently planned in this area. Environmental Conditions: The Environmentally Sensitive Areas (ESAs) map indicates developed floodplain ESA within the subject site, which requires compliance with DDC Subchapter 19 for development within designated developed floodplain ESAs. However, the revised FEMA maps show the FEMA floodplain to be removed. The revised maps will be effective April, 2011. Electric: The electrical provider in the area is Denton Municipal Electric (DME). DME has a transmission line designed for 138 kV operating at 69 kV adjacent to the Bonnie Brae right-of- way and a single phase distribution line at 7,620 volts phase to ground at the rear of the lot. DRC Findings/Recommendation Page 9 of 26 Case#: Z10-0012 Exhibit 1 Site Location/Aerial Map Now S I' r V ; r ~ ~ i ' r4 Mwr- ' y ~ { rlz i M y~x 1 li. )pI "."T u t i X 4 1 DRC Findings/Recommendation Page 10 of 26 Case#: Z10-0012 Exhibit 2 Existing Zoning Map I ,is• l P, I X45 I I SUBJECT SITE i I I I ~ I C I I I I I I I I I I I I I ~ i I I I ~ I I i ! I DRC Findings/Recommendation Page 11 of 26 Case#: Z10-0012 Exhibit 3 Proposed Zoning Map t i SITE II,~ i NRNZU r I ,j -s _ 1 DRC Findings/Recommendation Page 12 of 26 Case#: Z10-0012 Exhibit 4 Future Land Use Map ~vrruriq' Pr1x= d U_ ,e'=e-ter SUBJECT SITE DRC Findings/Recommendation Page 13 of 26 Case#: Z10-0012 Exhibit 5 Current Land Use Map Total Acreage _ "13.1..3 Ac. SF - 32.80 c. UND'- ~ - 47.77 c. AC,R-x.15 ; c. CC t,"O - 35.01 c;. C. c. F-.EL .23 c. ~ i . EL IIGOV i JINDEV ~~~'~n u I L Z1 0-00 12 _ Q E Janke Rezoning Lend Use MEN FEt 400 2DO a FUL. 400 Feet DRC Findings/Recommendation Page 14 of 26 Case#: Z10-0012 Exhibit 6 Survey DRC Findings/Recommendation Page 15 of 26 Case#: Z10-0012 Exhibit 7 Bonnie Brae-Ector Street Small Area Plan Boundaries - T li T4 611M a ITT T~ Legend' Bonnie BraolEetor,koa 0 Parcels Streets Bonnie B ae/Ector Small Area Plan - N i4E DRC Findings/Recommendation Page 16 of 26 Case#: Z10-0012 Exhibit 8 Notification Map 0 .:I:L:-., LNY 200 Ft Notification Boundary F- L~:Iend C3- ]M1^ u Z10-0012 Janke Rezoning 20!0 10'01 : _1 A DRC Findings/Recommendation Page 17 of 26 Case#: Z10-0012 Exhibit 9 Responses to 200-Ft. Notification NOTICE OF PUBLIC HEARING Z10-0012 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, January 5, 2011 to consider making a recommendation to City Council regarding the rezoning of approximately 0.25 acres of land from a Neighborhood Residential 3 (NR-3) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification. The property is generally located on the east side of Bonnie Brae Street and approximately 200 feet south of the intersection of Bonnie Brae Street and Emery Street. The public hearing will start at 6:30 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 feet about this 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 or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Johnna Matthews, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutrai to request Opposed to request Reasons for Opposition: Signature: 2 "elltz , Printed Name: Mailing Address: _ City, State Zip: Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 200' P&Z Notice DRC Findings/Recommendation Page 18 of 26 Case#: Z10-0012 NOTICE OF PUBLIC HEARING z7Q41012 -T P,Ia l' -ailI' q ci."'I.i 1111 i I ,ri;f?lmiS:'I,:-rr (if Ihn (A`i' 11f rii?nr11r. 3.U;':I `iullhI d a'u~~ lu ri~i clrlnq Jlk WedtlasdEly, ,1antiary 5, 10t1 Cr) LCri`UI?r rlr-Jrlra a :`f?c Ul'iimrid-jijon ti, Cit+r i~J¢lll!:!I ril+tilf'~Ir~l thiq Pls~7r~C, a,f lP,pr , t,r" ,i I, : E rdcn~.= of bird f srrl; H Nc~i thr ::rh rd Fcj;Idr. rF l ? if'Jl aj ~:c,.l,lr r7 ri.:; rl t t,'F;' G I a IL"i°I utILFrI tCS iM Pft iyhdk~Ci cio( F-1,nrY4IiF!J-II~i': !vli. r, I r' 12 7or,i q 'jI?atr' Jt li"rl a ,a i:'tiw.IN4l1:4i0n Th^ 14 'ti e1. 1 rcl iLF?Jrli Hr71: ti.t.ii_-.ni and rjpI)rr.Ylf"r:!ie.)~ Cikl f~,.r.t.,cmt" in th',F k re':i- u' :un o' Don"II'v 3r+5~y Stl'r;,c-( ldW f-1Y,~llb' ;r"Ir i,t. T'f.a; C:uL'ifsr; hi I rl~rl ~~'t' ,kart 4-ai 61:3U p rrl. rl ihf Cii ':cn,r•,. h1k±Y71h'." u' ^ik Ifil'I I.IcAt,Evd pit 1t iz-, ~~~.,L "tlrl,l4:y ; imc-,l, I1 P.•lturl, I z'AE:[; lifS 'fi'r]".: .]~L'f: parr.?J !r :'f 41-tirif! N'WO f10Hcfr. iL' ( ~l 91: rjuf =`...'4 +'.h.. S fl~sl r-.! rr:fLkr 1, f}''f Pi. 0rq ari Zon;!;;.J CrE;.rl' fT'r),r7 !.•V'C7ll~I T1!N i`?l'.nr fr.F.t M!'s re i ter, Cyr ,,r; p E14-ILl Cf it,L~ p i aplilf i1.:.~.,~iP., w urrlF;r fi:r'y:.l Jr iil} Y .Y5!! k) LL !.:I.I'i4! fl;l;i I. Rvs 1,1 fi{J .vcj,,. F. rlniC acc .r r~:. u `Lrn t ° r 1 Yr-1 hrl ,~r i~r1 Q ,,IT:'.c:...t., ,'IC7r the .,I: '•f.' :i rklly' p',i'I'~~ h`,~ ~r? SibNJ~s~ u fmr?i~i]J~(YL.!.riJ fV:l[? Lid1r, i'idtif!±J !i1 Ivry r~rJr?r'! pI?"',VTI,'14 YnU Mr7~''t~X :f tD ME? "LUkl-r 'ricdted a kh o h'a'.Irlm i;r rnid" It tr:, thlD refl. Dr drop it -T Iri p r'50r1: PIEIrir,Irlrf arld dovelapment DOPl artrrWrkt 221 N. Elm ST Denton, Texas 76201 Attn: .Johnnr-l Matthews, Frc ,ct Momagar 'I hp!Rc~ farms are used W cal~ular,r~ ih❑ pareer,t.igo ~A I im:nwricrs thit m1 prnr# mid oppose 01,0 regc Rlcsl. Tine C:crim s-,kin I: Tf?~€r1 r;d c+f tix rt•Irnar f. lf r^, 17,7 5M 'n r: ;f,Cr rt p.:•c1 in up%r_)sli l.~,,'- - PIPase, nfrrie one, -T ci: i f eatJNeutral u) Ofhl 5ed to request In f:3Jt e.y - keaSDnR for 41)pUSitIUFl r nritl lrr`1 F' 1 x d i 7 a ~ f Ir,..tr.ti,l Ad irr q 5; cwf F rn rsriy wr~nhl 20;~ "eut; ?T'r`y{ Lr1 t O r TEXAS [I(4'P .I ILN+E,'_.r a .].I;NTC'N TFX-V- 7F;xlG, . 13il:i:,y.F.lti1I + fFi. i +.v,'f ;r '10 r i-& i0-1:.'_,t: DRC Findings/Recommendation Page 19 of 26 Case#: Z10-0012 Exhibit 10 Site Photos ~1JI 1, hl r',~~i West side of Bonnie Brae looking east at existing single family home i MI T West side of Bonnie Brae looking east at the undeveloped portion of Janke Addition, Block 1, Lotl. DRC Findings/Recommendation Page 20 of 26 Case#: Z10-0012 West side of property looking east at the undeveloped tract W Ih11~''` I' INI •~~"~i"^"a~ .4v N'... ,;,,'y t., T~..,`-^'_"'-^ G:YaEiF'IY.i' .~Y i - nu irlu F 1, JJ ,c .v T Yk~ i 44 , ~ Photo taken east side of property looking west at Rayzor Ranch site DRC Findings/Recommendation Page 21 of 26 Case#: Z10-0012 Exhibit 11 January 5, 2011 P & Z Minutes P1.°annitag.911' Zoning Con-hi-ii i :LI -",I agates J anui 2011 . Page if 6 5. PUBLI : HL: N A. E „ a 1:,.a1 ,1- howi lg aid can :i nnkh-ig rr 1i :i•`_1ii~, ion to The ;rzo1.1 _ of 1p1ir:=S:'td a c n rf 1;,_..[ hwin i ey:. l: ._d R.r l . :a' ?R. _ chi 1=.i, u i ? - : i:1L'1 ] --lie I, r1: r 1 . "n'l c in ',lr °a. of 13'.>,LU t line ' er _.d awnamia r rrt . iauth of ti it L'1' of Bonnie E~.:,~ -[reef aii~_1 Eri -'irrt -1 ~ ~ ~:i 1-- _ :♦i~e ~.~~itioaa. J luili.a '~i ar,i1~ • 7o1~t ",I 7 . 1.1 '1:tr 1:i'- i an 11 i . zi: " -J-11 The ai 1 41.1 'iag that tht- r; _ le nom:': Son .F __11'.1 ;t',: r_ ,1'_r-1_ 711e „=1 is 1. '1 Lind it A d r'n 1 :'1 a .:ye f a1im iris 1.1 y :'11C 1 e <a1 ph '1:r "Kolb To :,r'1:iNhAn The d rIng i _.::a w e :L1 1975. rdo i '11= Omni i 1 1";r; 1 :':ai: 1 D1:t11i'... _111; i 1 a rezoned .:1 2003 ,1r =1'. 1:1e i ning 71he Lill,1 _ --int 1 F 1111;1= i :1' T,::, dt~vet '11' i' 1e C _t. e :11 Mg. l in 1 i : nce irlk-. TO E'ere .1 lent _ _w Conui dee recommends app n'.:iI of r1us retruest. Tl e i u.t_ L: 11. r i1 , ,k. 7 i u1 (-T i-i 111 ;r i i f,,:-,r csf the rr . r;t He, sm on ice-,- i is A . a 1 17,1 _.1. ',:1.'1 r n and N cue 1ie1 .i Pic' AIv er: t_ oint iv. ionei' FG ian Fenfley inn-i, ed ~o .a1 pivive SwundeG : t_ ominkpone Jai Thrniw. On' 1 .1 ..i1 r: i_ joy Diomy r i_.ia_1..1m1T'Avr E a' f_1 - r 11' :L ..1 .:ar1 E.. i',' Y.;a'Ci L.;.LS,' 1 ur: P'di;l_'.' L' '.r & Yas'.ed: 4 (1 DRC Findings/Recommendation Page 22 of 26 Casek Z10-0012 Exhibit 12 Ordinance OPL)INANCE NO. A\I X11- HW I:.'1 'ti( %"1'I 1t,,(i F01,, C'HA '(-I: :RV)I'.rt ~lv[ ifi":pSI)Tw iSt,('-~f) 'l S1'pT-'I CT,AS'-,?>-TC-`,TT(.)'w; ,~;iy I" I:11'.Slr 1'ti.:,I°lrti, ls1 :1 iEll3t?f'[la:.~a;', FF'-,T-)T:"tT°AT. \11`KYD SE 12 12" t:J S'l1:1C.\]'IA; 4."J L! I._'SL T l: [i ^1 .tit r t ].ti ? }F.~P, I E1 4UF.l f: F 1) 1.t`IC.m\ : :1) ()'w I H1: L.V", l IDI ill lit?'k ,ll l~l: "o,l til'htilr.l:,L;"4"k}.):A1'FF.JL; l ra.:KH'.l "s 7iii: 411 1 ;;0 1.1110k 0WHY 11•:1 1; F'I4+I'ti~'111l:t_ ld;l•: A 11k:'''kAL1Y N J .L' ~..Llt~,,`.:`','7 nti~~ld_~•.:;~"T 0", S2Ir":i F1:.:R NICE A TWNTHERE:_ FE `L-vL:(,..L B LIT D -''N RtY .J '.[-I 'or :,,.26 nt•r y ' 'l.;irl I~ l! - r :;~xl in Lxh-ki`_ 1 au.'[ hoL::L~r ii LLIl'.. Mr_epmawd T', ruin 41; ~~tC.. Ct I1L .t 1P,, itt'I'. il'.i 1'I isp[ Y "I;Ir 7 .7 u r1~I, ti' L tl.l a T,4ui_Thh.i_limd "oIIiIIp di-;t'r1Ct C I L I'-I 3C'LLLi iII ;E11-1 .LPL A I;CQ:' LT it 1.1,1'. i."d'L IU1fir,. 20', I, LIUC 1' LT r.i-L and /011in-1 L'ii.ll,'LI;Jl'~ YC C~i71=1iC'21' .a~ MW AS, to WI , t-'owicll Ends Out 1_l'` cl yc is cd')T's5..z.;_Ilt -A-.th LFc DonJ_= 1 PLII; Ltl1 `s :1 .1-1e'.eho]-me 1 ;amj11 wf't,rt_rw 'I'ii S~i.:i1..;..;t~':i. ~i• 11.1A: l Vic' I I . I 1 ~::ra'J [..:};t}''~~:' ~:~fi~T:l~t~'°d: SFC' TTi~: v T : An,J"l~i;n" r tii1:l BLS ~:n;t~~.iwd 11. I.c pu ,Is.~l~y ;i_' ~ 1 iiwr ~ _ 1 In;r1Cr? J>aCe,- iEL10r"L1TLL":CJJ hc:-E-T-1 CS' D2I~I1 P'CO 1 tr11Ci- MV U - Il 7:i lr1_I C.L A f WwI1l EM11 Il ;J:'I[ ld'•;it M" nn I it t I 'C'i lp'C'`" 1.5. la I, iIL l' _ ~ L l ~,t~,l r•,tl ~~I to IRM&W m d l,Ci. _ nL ' c'c.'.C:1}-itlia[I Lw l[t[1::~fji,'y'. maw d Lndudc`, A i T1"',-C't.s to th C_`'.C: "11"1!: 4~: ,".~I Jz 1;91 .'Ilt C. 't C`I 1 s.? 1 ;J SLU l f i H1 he C%0 j nliW d :-1n '.I`a C11.-1p is anicl.lJ_i-} tc.. L11C ~.~La l t ir: Ir_ 1_4.1'ai use W ynLL1ion, . [I_" ~ ffar;5 i°il', t is n o Ads WLT`.r1WU I?T i':L aI nllCdt]iITI t!1~Put}. t6' J] ~1a]•li:?l: (IT C.ir, ILr lSit,II.CC! i, hClli in.~ l l~, is it Ill )tvdIi41 tV ~1111,l 1- :1 i:..t t}: 1>41it'; ,_1 t}r, t prmi 1ur'1,g o. arp:t'--ltlr, m and ti's dA , cr1..i :}l `?_C, t s. `1,r ',LC.[Lit il' T: TI T",i i1:Tl i'-t 1h1~, 1T-iil'1LM _ S"IJ'... UJI(M ti )Ild - on, he i:W a sum not cmacdirg ``,'.•LtI,III,ItLI, I 14 ':I ddy that W01 0011 Ie!l i-'r.11:1'de1' C i IdpI JlW ti; l J7" i.'w"ir "lt(ltI,, 1 ~1 II fiC 1Ilc! 1_ LITI t L) (10M U., DRC Findings/Recommendation Page 23 of 26 Casek Z10-0012 S1-`C1 T(I'. T 6, 71-Js 1i1O, nse sL n11 ben -on ph.evii e 'i11M= (14) .:.m A111 ui K_ W, 1L ir-'c' 11l.i '.1"c Lc"Il-y Lt; I R:IL"r's'I i C i~ v.) 1,,;1.;C. 4s1pt11:1tl' L'rd -,ilai_l~: c ii 1-i LfJ L fl: ~..LC Ll'i Ltl'~: DCTl'J111 RILLLJPI-Chvc..:l L :i a11': ',Ile, of Dcz .t ,1y_ 16.,.t il_.1a Lc: C l jfl t _ ,f ;.`1c L „ it : Lis,,,t PASSED 1t I ARV 't 1 -R. 1 14 1 t 1 S..t ILL a't 7 11- K M . ~L Lg_~ 1 `t' ~Lr_},',L J`ARY BY: PIT ',:5` w, 11 /91 DRC Findings/Recommendation Page 24 of 26 Casek Z10-0012 EXIIIBYT :'k LEGAL DESCRIPTION F L N011 ; All 111'at certain W I at o parM ut land 1il g and .'Itua-'CL in Denton C,--Wild+, IC.+c1; ilid bei~1C a p-,n o the Ubert ~C:!Ul 'i_'r[1 su Vv.t'•act N11111f,0" and being ,1'.l of the Ied tp.2(' acre t.-act of 1alld c4~11 t' t' Ill S: i'i: K n M Shari. T. Brow Win MiLC`'I:11 Todd s~r4"3s~rn .:nd T.Lr:-Ji sty},1c by. wd i 4c{'~wded 111 C ut;GMy Mr 01: ri wr l%~r Seal Pi cjpcl R.22 :ord-,, D(~ iitoir- Courit) , Texas and b~-_i g riltmo .p.3-.iMal•t d.uarned Ly mm m and Own as 160m; BMW= sit- a 1,' Lw k :.n ~ )d ffi'ilod Iii }l4: tat}c: o, t34J1- it-~ f3,af~ 'S+-eet amc hcin, th Nor} lv,,,,, ,t ci}rrncr l'Mi talc !t 26 acre. `.rac`. and t)1 SL1L1 11~NrL!~.t i'l o 1.01 1, 13l_} k:.'~., Wi dis " -?all Adu:tio11 eu.wui-'ingg to ilic flu" rccorc:c-.11 i1-1 [::abinct . We 179, Nit :-ecotd"' Dc'':tcn l 'mF,N(7F Mob Sh r ncs OF w I11'.i N 22 WI 1Jr71 ti a =1.iiC1L.L, C} 13 1.9. -L.et tc_ nl:11 1+_16 IO:.ilicl coritel c_I ii(l ,1_:rc trac:t acrd ; + ;':.i r being the Souhe l con1+ r w _ d fm` 1; HKk A.: \ : Llw.01- l-l r:l .'kd(.JIIi )T); TT-TF.NTCF SOLtII 00 QwcH 36 '-n'. wes 1 SS'M ua1 ~.aSL, L-t10 .,E1r '11t FirSl 3Cr.I'. SLLsi l 0,267 ac1.G ,iac. a dis',ani. o f','37.74 1,%;.L to i,'`11 il-0:1 1od 1 Illr''.d at tl...i~ QU-11'-:rat l:'UTiler 1.11 snit, ()_2o I 'L c. e t:"._Ctt; Tl ENCE Sou' L 89 degincs 03 YIi- L]tr_'y -l7 mccouds ~ tlon the Sown -inc at said 0,267 Me tract a di.,tanW O :1210 QK 11 ? y ;nch On m d Bound at be Southo 'k:!C' c. n- ~,,ii 0..67 act tract and in the Last lino of _ °iiO 3~7t1t l ~ T3wo St1uI: 11 11 ('l . Nnrh 0 d !ws 2: IIilltl,tt's 06 veL ?uds ~~'~w(, ..'-un Il~L. E:I of Fioiwic T~r14: St.-u-[ a:ld tl°:c. Ii lc. of Saki 0.76'r a~Li` ° act ' li 5 1k2(:1 : t L! P0ITT OF Cif f', NJMI and c nwAdng (26 o an awi of 1nil DRC Findings/Recommendation Page 25 of 26 Casek Z10-0012 FSHIlil F 13 t w , " SITE lei I ~ I _ F moo ~.+q t i r Vol i" 77t-- I DRC Findings/Recommendation Page 26 of 26 Case#: Z10-0012